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CEB Backup 04/26/2012CODE ENFORCEMENT 0 Backup 4/26/2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 26, 2012 Location: 3299 Tamiami Trail East, Naples, FL 34104 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 R_ OBERTS 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 Kaufman, Chair Gerald Lefebvre, Vice Chair Kenneth Kelly James Lavinski Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — A. March 22, 2012 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time Lionel L' Esperance Tony Marino Ronald Doino, Alternate Chris Hudson, Alternate 1. Thomas P. Smith CESD20110003049 2. Urbano Hernandez & Manuel Hernandez CESD20110001255 3. Joyce Holland CELU20080009976 4. Janet Sneeden CESD20110009351 t' B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20100016684 OWNER: JOSEPH R. & BETTY J. FAIRCLOTH OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AN UNPERMITTED MOBILE HOME BEING UTILIZED AS A STORAGE UNIT FOLIO NO: 98360008 VIOLATION ADDRESS: 1066 SANCTUARY RD. NAPLES, FL 34120 2. 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 TO VIEW ANIMALS ON AN ESTATES ZONED PROPERTY FOLIO NO: 40926160000 VIOLATION ADDRESS: 28614 TH AVENUE S.E. NAPLES, FL 34117 6. CASE NO: CEVR20120001904 OWNER: STEPHEN J. LOCKWOOD & CO LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY ORDINANCE 87 -41 PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION INCLUDING, BUT NOT LIMITED TO BRAZILIAN PEPPER FOLIO NO: 176681007 VIOLATION ADDRESS: 9051 TAMIAMI TRAIL NORTH NAPLES, FL 34103 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 SECTION 105.1 NO COLLIER COUNTY BUILDING PERMITS WERE OBTAINED FOR ELECTRICAL AND PLUMBING MODIFICATIONS 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 S.E. NAPLES, FL 34120 CASE NO: CESD20110007349 OWNER: JUDY S. & SILAS PACHECO OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i) CHICKEE HUT AND SWIMMING POOL CONSTRUCTED WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39206920007 VIOLATION ADDRESS: 1330 GOLDEN GATE BLVD. E. NAPLES, FL 34120 CASE NO: CESD20100007042 OWNER: KIRK SANDERS OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: 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 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: 5610200005 & 56150520002 VIOLATION ADDRESS: 2280 PINELAND AVENUE NAPLES, FL 34112 CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: CESD20110014115 OSLAY FERNANDEZ INVESTIGATOR ERIC SHORT COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) A SCREEN ENCLOSURE WITH CANCELLED PERMIT # 2005033480. ALSO A POOL, DECKING AND SHED TYPE STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY PERMIT(S). 38902360001 4120 68" AVENUE NE NAPLES,FL 34120 8. CASE NO: CESD20110015948 OWNER: MICHAEL ZAGER & PAULA J. RHOADS OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), BUILDING AND LAND ALTERATION PERMITS AND SECTIONS 10.02.06(B)(1)(e) IMPROVEMENT OF PROPERTY PRIOR TO ISSUANCE OF BLDG PERMITS. REMODELING/ ALTERATIONS TO INSIDE AND OUTSIDE OF THE HOUSE WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTIONS FOLIO NO: 65322840006 VIOLATION ADDRESS: 557 CYPRESS WAY EAST NAPLES, FL 34110 9. CASE NO: CESD20110014134 OWNER: MARIA ORTIZ - GARCIA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECITON 10.02.06(B)(1)(a) SHED CONVERTED INTO LIVING QUARTERS FOLIO NO: 81681880008 VIOLATION ADDRESS: 1042 ND STREET N. IMMOKALEE, FL 34142 10. 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 COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39784640003 VIOLATION ADDRESS: 377047 T' AVENUE NE NAPLES, FL 34120 11 12. 13 14. CASE NO: CESD20110006351 OWNER: DAVID H. 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 NI STREET NE NAPLES, FL 34120 CASE NO: CENA20120000290 OWNER: WESTOK INTERNATIONAL CORP. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF ORDINANCES SECT. 54- 185(d) COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200' RADIUS OF IMPROVED PROPERTY FOLIO NO: 68640001003 VIOLATION ADDRESS: NO SITE ADDRESS CASE NO: CESD20110014881 OWNER: BARRY W. BARNETT JR. & MICHELLE A. BARNETT OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AN UNPERMITTED SHED LOCATED ON THE EAST SIDE OF THE PROPERTY FOLIO NO: 37692081002 VIOLATION ADDRESS: 15125 T' AVENUE N.W. NAPLES, FL 34120 CASE NO: CEROW20120000960 OWNER: DOMNICK CAMMUSO OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II, CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110 -31(a) NO COLLIER COUNTY RIGHT -OF -WAY PERMITS FOR ENTRANCE DRIVEWAY ON DRAINAGE SWALE FOLIO NO: 00770080800 VIOLATION ADDRESS: 11820 RIGGS RD. NAPLES, FL 34114 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 16. CASE NO:, OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. OLD BUSINESS CENA20120000965 DOMINICK CAMMUSO INVESTIGATOR DANNY CONDOMINA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, SECTION 54 -181 AND COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 2.02.03 UNAUTHORIZED ACCUMULATION OF LITTER CONSISTING OF BUT NOT LIMITED TO: CONCRETE, RE -BAR, VEGETATIVE MATERIAL, ETC. VEGETATIVE MATERIAL AND TOPSOIL STORED ON PROPERTY EXCEEDING THE AMOUNT ALLOWED AS PART OF THE ACCESSORY TO THE WHOLESALE NURSERY OPERATION 00770080800 11820 RIGGS RD. NAPLES, FL 34114 CESD20110013644 GISELLE & ALEJANDRO MELENDI INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) ATTACHED GARAGE ENCLOSED AND TURNED INTO LIVING SPACE, DETACHED GARAGE AND SWIMMING POOL WITH ENCLOSURE BUILT WITHOUT COLLIER COUNTY BUILDING PERMITS 40865680007 36804 TH AVENUE S.E. NAPLES, FL 34117 A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20110009351 OWNER: JANET SNEEDEN OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) MODIFICATIONS TO THE MAIN STRUCTURE WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 00111280007 VIOLATION ADDRESS: 540 PLATT ROAD NAPLES, FL 34120 CASE NO: CES20110006426 OWNER: CARLISLE/ WILSON PLAZA LLC. OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 5.06.11(A)(1) AND 5.06.07(A) POLE SIGN- WILSON PLAZA ALTERED WITHOUT REQUIRED PERMIT. WALL SIGN- FARMER JACK'S SUPERMARKET, ALTERED FOLIO NO: WITHOUT REQUIRED PERMIT FOLIO NO: 37221120305 VIOLATION 37011920003 ADDRESS: 50 WILSON BLVD. S. NAPLES, FL 34120 CASE NO: CESD20110001287 OWNER: SERGIO & SARA GARITA OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) EXPIRED COLLIER COUNTY PERMITS WITHOUT RECEIVING ALL REQUIRED INSPECTIONS AND A CERTIFICATE OF COMPLETION/ OCCUPANCY FOLIO NO: FOR THE POOL AND ADDITION OF A GAME ROOM AND LANAI. ALSO, NO VIOLATION COLLIER COUNTY PERMITS OBTAINED FOR THE SHED BUILT IN THE REAR YARD. FOLIO NO: 37011920003 VIOLATION ADDRESS: 420 15TH STREET SW NAPLES, FL CASE NO: CEPM20110001296 OWNER: SERGIO & SARA GARITA OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15) A GREEN AND STAGNANT POOL NOT PROTECTED BY THE ELEMENTS FOLIO NO: 37011920003 VIOLATION ADDRESS: 420 15TH STREET SW. NAPLES, FL CASE NO: CESD20090000972 OWNER: MARIA L. RAMIREZ OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22- 26(b)(104.5.1.4.4) EXPIRED FENCE PERMIT 2007052601 WITHOUT C.O. FENCE CONSTRUCTION STARTED ON PROPERTY. FOLIO NO: 39956600004 VIOLATION ADDRESS: 344035 TH AVENUE NE NAPLES, FL 7 8. CASE NO: CEROW20090000973 OWNER: MARIA L. RAMIREZ OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 110, ARTICLE II, DIVISION 1 FOLIO NO: GENERALLY, SECTION 110 -31(a) EXPIRED RIGHT OF WAY PERMIT 07- 0945 -E VIOLATION CONSTRUCTION DEBRIS STILL ON THE PROPERTY DRIVEWAY, NOT COMPLETE FOLIO NO: 39956600004 VIOLATION AND STAIRS IN BAYS 9 & 10 ERECTED AND ELECTRICAL WORK DONE IN BAY 8 ADDRESS: 344035 TH AVENUE NE NAPLES, FL CASE NO: CESD20090005007 OWNER: ROXANA SOROKOTY TR., WALTER G. SOROKOTY JR. EST. OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION FOLIO NO: 22- 26(b)(104.1.3.5), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTION VIOLATION 105.1 & 111.1 AND ORDINANCE, 04 -41 AS AMENDED, THE COLLIER COUNTY LAND ADDRESS: DEVELOPMENT CODE, SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e) MEZZANINE AND STAIRS IN BAYS 9 & 10 ERECTED AND ELECTRICAL WORK DONE IN BAY 8 WITHOUT FIRST OBTAINING COLLIER COUNTY APPROVAL, REQUIRED FOLIO NO: INSPECTIONS, AND CERTIFICATE OF COMPLETION FOLIO NO: 387040000 VIOLATION 2408 LINWOOD AVENUE NAPLES, FL 34112 ADDRESS: 2435 TAMIAMI TRAIL EAST UNIT 9 NAPLES, FL 34112 CASE NO: CESD20090011861 OWNER: STEVEN A. & KELLY A. JOHNSON OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 VIOLATIONS: PERMIT NUMBER 900005651 EXPIRED WITHOUT A C.O. FOLIO NO: 3722408002 VIOLATION LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(a) ALTERATIONS OF ADDRESS: 111 4TH STREET S.E. NAPLES, FL 34117 CASE NO: CESD20100009135 OWNER: OPERA NAPLES, INC. OFFICER: INVESTIGATOR AZURE BOTTS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION VIOLATIONS: 22- 26(b)(104.5.1.4.4), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1 AND ORDINANCE, 04 -41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(a) ALTERATIONS OF BUILDING CONSISTING OF BUT NOT LIMITED TO: ELECTRICAL, ADDING AND REMOVING OF INTERIOR WALLS, ADDING AND WIDENING OF DOORS/ DOOR JAMS WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY PERMITS FOLIO NO: 61631160002 VIOLATION ADDRESS: 2408 LINWOOD AVENUE NAPLES, FL 34112 a 10. CASE NO: CEPM20110003139 OWNER: NICHOLAS & CATHERINE GONZALEZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 4, SECTION 424.2.17 NO PROTECTIVE BARRIER SURROUNDING THE SWIMMING POOL FOLIO NO: 3728172004 VIOLATION ADDRESS: 5612 111D STREET N.E. NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS A. Code Enforcement Board Workshop 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - May 24, 2012 11. ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 26, 2012 Location: 3299 Tamiami Trail East, Naples, FL 34104 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 Kaufman, Chair Gerald Lefebvre, Vice Chair Kenneth Kelly James Lavinski Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — A. March 22, 2012 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time 1. Thomas P. Smith 2. Urbano Hernandez & Manuel Hernandez 3. Joyce Holland 4. Janet Sneeden Lionel L' Esperance Tony Marino Ronald Doino, Alternate Chris Hudson, Alternate Cy r CESD20110003049 CESD20110001255 CELU20080009976 CESD20 1 1 00093 5 1 B. STIPULATIONS C. HEARINGS CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: CESD20100016684 JOSEPH R. & BETTY J. FAIRCLOTH INVESTIGATOR ERIC SHORT COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AN UNPERMITTED MOBILE HOME BEING UTILIZED AS A STORAGE UNIT 98360008 1066 SANCTUARY RD. NAPLES, FL 34120 CELU20110011262 GRACELYN MOSTACCIO RUE INVESTIGATOR PATRICK BALDWIN 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 TO VIEW ANIMALS ON AN ESTATES ZONED PROPERTY 40926160000 28614 TH AVENUE S.E. NAPLES, FL 34117 CASE NO: CEVR20120001904 OWNER: STEPHEN J. LOCKWOOD & CO LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY ORDINANCE 87 -41 PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION INCLUDING, BUT NOT LIMITED TO BRAZILIAN PEPPER FOLIO NO: 176681007 VIOLATION ADDRESS: 9051 TAMIAMI TRAIL NORTH NAPLES, FL 34103 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 SECTION 105.1 NO COLLIER COUNTY BUILDING PERMITS WERE OBTAINED FOR ELECTRICAL AND PLUMBING MODIFICATIONS 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 IH AVENUE S.E. NAPLES, FL 34120 CASE NO: CESD20110007349 OWNER: JUDY S. & SILAS PACHECO OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i) CHICKEE HUT AND SWIMMING POOL CONSTRUCTED WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39206920007 VIOLATION ADDRESS: 1330 GOLDEN GATE BLVD. E. NAPLES, FL 34120 6. CASE NO: CESD20100007042 OWNER: KIRK SANDERS OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: 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 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: 5610200005 & 56150520002 VIOLATION ADDRESS: 2280 PINELAND AVENUE NAPLES, FL 34112 8. 10. CASE NO: CESD20110014115 OWNER: OSLAY FERNANDEZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) A SCREEN ENCLOSURE WITH CANCELLED PERMIT # 2005033480. ALSO A POOL, DECKING AND SHED TYPE STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY PERMIT(S). FOLIO NO: 38902360001 VIOLATION INSPECTIONS ADDRESS: 412068 TH AVENUE NE NAPLES,FL 34120 CASE NO: CESD20110015948 OWNER: MICHAEL ZAGER & PAULA J. RHOADS OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), BUILDING AND LAND ALTERATION PERMITS AND SECTIONS 10.02.06(B)(1)(e) IMPROVEMENT OF PROPERTY PRIOR TO ISSUANCE OF BLDG PERMITS. REMODELING/ ALTERATIONS TO INSIDE AND OUTSIDE OF THE HOUSE WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTIONS FOLIO NO: 65322840006 VIOLATION ADDRESS: 557 CYPRESS WAY EAST NAPLES, FL 34110 CASE NO: CESD20110014134 OWNER: MARIA ORTIZ - GARCIA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECITON 10.02.06(B)(1)(a) SHED CONVERTED INTO LIVING QUARTERS FOLIO NO: 81681880008 VIOLATION ADDRESS: 1042 ND STREET N. IMMOKALEE, FL 34142 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 COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39784640003 VIOLATION ADDRESS: 377047 TH AVENUE NE NAPLES, FL 34120 11 12. 13 14 CASE NO: CESD20110006351 OWNER: DAVID H. 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: CENA20120000290 OWNER: WESTOK INTERNATIONAL CORP. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF ORDINANCES SECT. 54- 185(d) COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200' RADIUS OF IMPROVED PROPERTY FOLIO NO: 68640001003 VIOLATION ADDRESS: NO SITE ADDRESS CASE NO: CESD20110014881 OWNER: BARRY W. BARNETT JR. & MICHELLE A. BARNETT OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AN UNPERMITTED SHED LOCATED ON THE EAST SIDE OF THE PROPERTY FOLIO NO: 37692081002 VIOLATION 00770080800 ADDRESS: 15125 T' AVENUE N.W. NAPLES, FL 34120 CASE NO: CEROW20120000960 OWNER: DOMNICK CAMMUSO OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II, CONSTRUCTION IN RIGHT OF WAY, DIVISION I GENERALLY, SECTION 110 -31(a) NO COLLIER COUNTY RIGHT -OF -WAY PERMITS FOR ENTRANCE DRIVEWAY ON DRAINAGE SWALE FOLIO NO: 00770080800 VIOLATION ADDRESS: 11820 RIGGS RD. NAPLES, FL 34114 15. CASE NO: CENA20120000965 OWNER: DOMINICK CAMMUSO OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, SECTION 54 -181 AND COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 2.02.03 UNAUTHORIZED ACCUMULATION OF LITTER CONSISTING OF BUT FOLIO NO: NOT LIMITED TO: CONCRETE, RE -BAR, VEGETATIVE MATERIAL, ETC. VEGETATIVE FOLIO NO: MATERIAL AND TOPSOIL STORED ON PROPERTY EXCEEDING THE AMOUNT VIOLATION ALLOWED AS PART OF THE ACCESSORY TO THE WHOLESALE NURSERY ADDRESS: OPERATION FOLIO NO: 00770080800 VIOLATION ADDRESS: 11820 RIGGS RD. NAPLES, FL 34114 16. CASE NO: CESD20110013644 OWNER: GISELLE & ALEJANDRO MELENDI OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) ATTACHED GARAGE ENCLOSED AND TURNED INTO LIVING SPACE, DETACHED GARAGE AND SWIMMING POOL WITH FOLIO NO: ENCLOSURE BUILT WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40865680007 VIOLATION 540 PLATT ROAD NAPLES, FL 34120 ADDRESS: 36804 TH AVENUE S.E. NAPLES, FL 34117 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: CESD20110009351 OWNER: JANET SNEEDEN OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) MODIFICATIONS TO THE MAIN STRUCTURE WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 00111280007 VIOLATION ADDRESS: 540 PLATT ROAD NAPLES, FL 34120 4. 5. CASE NO: CES20110006426 OWNER: CARLISLE/ WILSON PLAZA LLC. OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 5.06.1.1(A)(1) AND 5.06.07(A) POLE SIGN- WILSON PLAZA ALTERED WITHOUT REQUIRED PERMIT. WALL SIGN- FARMER JACK'S SUPERMARKET, ALTERED FOLIO NO: WITHOUT REQUIRED PERMIT FOLIO NO: 37221120305 VIOLATION 37011920003 ADDRESS: 50 WILSON BLVD. S. NAPLES, FL 34120 CASE NO: CESD20110001287 OWNER: SERGIO & SARA GARITA OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) EXPIRED COLLIER COUNTY PERMITS WITHOUT RECEIVING ALL REQUIRED INSPECTIONS AND A CERTIFICATE OF COMPLETION/ OCCUPANCY FOLIO NO: FOR THE POOL AND ADDITION OF A GAME ROOM AND LANAI. ALSO, NO VIOLATION COLLIER COUNTY PERMITS OBTAINED FOR THE SHED BUILT IN THE REAR YARD. FOLIO NO: 37011920003 VIOLATION ADDRESS: 420 15TH STREET SW NAPLES, FL CASE NO: CEPM20110001296 OWNER: SERGIO & SARA GARITA OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15) A GREEN AND STAGNANT POOL NOT PROTECTED BY THE ELEMENTS FOLIO NO: 37011920003 VIOLATION ADDRESS: 420 15TH STREET SW. NAPLES, FL CASE NO: CESD20090000972 OWNER: MARIA L. RAMIREZ OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE I1, SECTION 22- 26(b)(104.5.1.4.4) EXPIRED FENCE PERMIT 2007052601 WITHOUT C.O. FENCE CONSTRUCTION STARTED ON PROPERTY. FOLIO NO: 39956600004 VIOLATION ADDRESS: 3440 35TH AVENUE NE NAPLES, FL CASE NO: CEROW20090000973 OWNER: MARIA L. RAMIREZ OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 110, ARTICLE II, DIVISION I GENERALLY, SECTION 110 -31(a) EXPIRED RIGHT OF WAY PERMIT 07- 0945 -E FOLIO NO: CONSTRUCTION DEBRIS STILL ON THE PROPERTY DRIVEWAY, NOT COMPLETE FOLIO NO: 39956600004 VIOLATION AND STAIRS IN BAYS 9 & 10 ERECTED AND ELECTRICAL WORK DONE IN BAY 8 ADDRESS: 344035 T' AVENUE NE NAPLES, FL CASE NO: CESD20090005007 OWNER: ROXANA SOROKOTY TR., WALTER G. SOROKOTY JR. EST. OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22- 26(b)(104.1.3.5), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTION FOLIO NO: 105.1 & 111.1 AND ORDINANCE, 04 -41 AS AMENDED, THE COLLIER COUNTY LAND VIOLATION DEVELOPMENT CODE, SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e) MEZZANINE ADDRESS: AND STAIRS IN BAYS 9 & 10 ERECTED AND ELECTRICAL WORK DONE IN BAY 8 WITHOUT FIRST OBTAINING COLLIER COUNTY APPROVAL, REQUIRED FOLIO NO: INSPECTIONS, AND CERTIFICATE OF COMPLETION FOLIO NO: 387040000 VIOLATION 2408 LINWOOD AVENUE NAPLES, FL 34112 ADDRESS: 2435 TAMIAMI TRAIL EAST UNIT 9 NAPLES, FL 34112 CASE NO: CESD20090011861 OWNER: STEVEN A. & KELLY A. JOHNSON OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 PERMIT NUMBER 900005651 EXPIRED WITHOUT A C.O. FOLIO NO: 3722408002 VIOLATION BUILDING CONSISTING OF BUT NOT LIMITED TO: ELECTRICAL, ADDING ADDRESS: 111 4TH STREET S.E. NAPLES, FL 34117 CASE NO: CESD20100009135 OWNER: OPERA NAPLES, INC. OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22- 26(b)(104.5.1.4.4), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1 AND ORDINANCE, 04 -41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(a) ALTERATIONS OF BUILDING CONSISTING OF BUT NOT LIMITED TO: ELECTRICAL, ADDING AND REMOVING OF INTERIOR WALLS, ADDING AND WIDENING OF DOORS/ DOOR JAMS WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY PERMITS FOLIO NO: 61631160002 VIOLATION ADDRESS: 2408 LINWOOD AVENUE NAPLES, FL 34112 10. CASE NO: CEPM20110003139 OWNER: NICHOLAS & CATHERINE GONZALEZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 4, SECTION 424.2.17 NO PROTECTIVE BARRIER SURROUNDING THE SWIMMING POOL FOLIO NO: 3728172004 VIOLATION ADDRESS: 5612 NI STREET N.E. NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS A. Code Enforcement Board Workshop 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. S. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - May 24, 2012 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003049 COLLIER COUNTY, FLORIDA, Plaintiff, vs. THOMAS P. SMITH, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Fence - Building Permit FBC105.1[8] LOCATION OF VIOLATION: 2461 4th AVE NE Naples, FL SERVED: THOMAS P. SMITH, 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)7748800; 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 an 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 propic traductor. Colleen Crawley From: Sent: To: Cc: Subject: Colleen, Re£# CEV20110002696 26,2012 for Date 3 -15 -2012 Tom Smith [mandragonboat @yahoo.com] Monday, March 26, 2012 4:15 PM Colleen Crawley mandragonboat @yahoo.com code violation extension March Reason for this letter is to ask for an extension on the code violation at 2461 4th Ave NE Naples, Fla 34120. There are several, one for a fence, one for a Ted Shed, and a garage conversion that never received the final CO. There are also several boats on property in violation too. Talk to the contractor that did the conversion on the garage today and he is going to go down to records next week and see if he can find where it was closed. He explained to me that the county sent him a list 15 years ago of all of his unclosed accounts. He went into the county and talked to several people and they were to be taken care of. He is going to see if he knows any one there now that was there back then. This will be done next week. He said that all of his open cases were signed off on, unfortnately he has no records. This house is in active foreclosure and was schedualed to be sold at auction on 4 -9 -2012, auction has been cancelled by the bank because of a short sale in progress. We moved back into this house on suggestion by Diane Flag to see if we could keep the house. This was in December of 2011. We would like more time for the following reasons. 1) If the short sale goes thru it will be beneficial to us because we will be able to stay here. 2) We want to work out all of these code violations due to the new owners being someone that we know very well and don't want them stuck with them. We would like 6 months extention so we can find out if the short sale is going to work, allowing us to stay. Then we can financially work on all of the code violations including the boats that are on the property now. We would greatly appreciate your help with these matters because of monitary fines in progress now. If we can get the finds stop and an extention, we will be able to take care of all of these problems once we know where we are at with the short sale. Should know with in two to three weeks. Sincerely, Thomas and Cheryl Smith 2461 4th Ave NE Naples, Fla 34120 239- 455 -3221 mandra oig lboatgyahoo.com Please call us and let us know your decesion. Thank you CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CESD20110003049 THOMAS p. SMITH, INSTR 4635250 OR 4744 PG 1127 Respondent RECORDED 12/8/2011 3:29 PM 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 November 18, 2011, and t testimony under oath, received evidence, and heard respective to all appropriate matter Findings of Fact, Conclusions of Law, and Order of the Board, as follows: he Board, having heard s, thereupon issues its 1 • That Thomas P. Smith is the owner of the subject property. 2• That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3 • That the Respondent was notified of the date of hearing by certified mail and b 4• That the real Y posting. described as the West one-half property (1/2) of Tract GOLDEN GATE ESTATES Naples, FL, Folio 40622180009, more particularly plat as recorded in Plat Book 5, Page 13, of the Public Records of Collier County, Ordinance 04 -41, the Collier County Land the Code, as amended sect nit 76, according to that certain Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 in the followin bons Florida is in violation of ions 10.02.06(B)(1)(a) and Florida Garage conversion, large structure and fence on the property g p Particulars: permits. with no valid Collier County Building ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority ranted m Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: g That the violations of Ordinance 04 -41, the Collier Coun 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Permits, Section lOd.lb ry Land Development Code, as amended, sections following manner: e corrected in the I. By obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (March 14, 2012 ) . y 2. That if the Respondent does not comply with paragraph I of the Order of the Board b M 2012, then there will be a fine of $100 per day for each day until the violation is abated. arch 14, 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 $81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L? e day of J`:; . , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNT —Y FL;O �IDA,` BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �� The foregoing instrument was acknowledged before me this � day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. .``ar p'• KRISTINE TWENTE iP Notary Public - State of Florida NOTARY PUBLIC c ; : • My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 �``' Bonded Through National Notary Assn. - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas P. Smith, 2461 4u` Avenue N.E., Naples, FL 34120 this �?� day of lbw v , 2011. M. le'a6 Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 0; F G� (239) 263 -8206 ;:co ney c, CuE_LI :P i HERE9Y CERTIFY THAT this IS a tWO � �'r;�3r,G,?Ct GoDy GT a np -tlt ent on the in c� :,Q inute5 anti Recot•as at CO4:i.i�t• C 51 jf �Vrrn1TS-S 'Inv uric 3nE� affieF ! S@ ► t$� at E. BROLK, CLERK OF COURTS/ c y XL OVI CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110001256 COLLIER COUNTY, FLORIDA, Plaintiff, vs URBANO HERNANDEZ & MANUEL HERNANDEZ, 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: 04/26/2012 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: 4805 Miraham DR Immokalee, FL SERVED: URBANO HERNANDEZ & MANUEL HERNANDEZ, 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: 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. Por favor traige su propio traductor. 4805 Miraham Dr. Immokalee, Florida Attu: Collier County Board of County Commissioners Officer: Investigator, Maria Rodriguez Urbano Hernandez Parcel No# : 00058200001 Request for Extension I Urbano Hernandez would Iike to request additional time for the code case regarding my property listed above. I have obtained several permits as a solution to meet the collier county building code regulations but have not yet finalized the closing of the violation. The extension time I'm requesting is an addition 60 days. Thank You CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. URBANO HERNANDEZ AND MANUEL HERNANDEZ, Respondents CESD20110001255 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19, 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 60 days (March 20, 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 Qq'i) day of C)-J\ - , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA_..—_` St r:rs 01 F v +ki OA BY: ,.ouniy of COLLIER, Kenneth K-elly; Chair 2800 North Horseshoe Drive 1 H ERE7Y,,GtRT.11 YY .HAT this i5 a tme and Naples, Florida 34104 ;ray rest c ov of a ootu'm nt on file in r.koard 10i itUteS &nd Pecoras a# Ga(iier Gi3Ltt4# !,T lh� G ,rnu nan a Df€ictal p i a it pt -ado INSTR 4652721 OR 4760 PG�L (0-I;c RECORDED 1/31/2012 3:27 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, day of 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Fl •ida, who is' personally known to me or who has produced a Florida Driver's License as identification. KJU/0' LVIL � 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 Urbano Hernandez and Manuel Hernandez, 1203 Mimosa Avenue, Immokalee, FL 34142 this � d y 2012. �' ,� �`- -- >-r' iii `' Z � � �C<.i�.`✓ M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 TWENTE =Notary Pub#c - State of Florida a.. My Comm. Expires Jun 18, 2015 Commission # EE 87272 landed Throtw; Ninonal Notary Assn. KJU/0' LVIL � 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 Urbano Hernandez and Manuel Hernandez, 1203 Mimosa Avenue, Immokalee, FL 34142 this � d y 2012. �' ,� �`- -- >-r' iii `' Z � � �C<.i�.`✓ M. Jean Rawson, 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. URBANO HERNANDEZ AND MANUEL HERNANDEZ, Respondents CESD20110001255 INSTR 4582304 OR 4698 PG 1324 RECORDED 7/6/2011 9:16 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 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 Urbano Hernandez and Manuel Hernandez 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 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 4805 Miraham Drive, Immokalee, Florida 34142, Folio 0005 820000 1, 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: Multiple additions with electric and plumbing attached to the mobile home and a steel metal building erected without first 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 vacating the said property until a CO is received. By applying for and obtaining a Collier County Building Permit or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 180 days (November 20, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 20, 2011, then there will be a fine of $250.00 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 $80.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the 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 g7 day of , 2011 at Collier County, Florida. CC CC .M STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this cx day of 2011, by Robert Kaufman, Vice -Chair of the -Code Enforcement Board of C llier County, Florida, who is personally known to me or ✓ho has produced a Florida Driver's License as identification. KRISTINE TWENTE �M� E"M"" ary Public -State of Flori a NOTARY PUBLIC Comm. Expires Jun 18, 2015 M commission expires: Commission # EE 87272 Y ed Throuah National Notate r yam. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this'ORDER has been sent by U. S. Mail to Urbano Hem dez and Manuel Hernandez, 1203 Mimosa Avenue, Immokalee, FL 34142 this ) ay of 2011, ii jith Al �U,4WW% �aiJl>Il11'y of COLUER ! HERERY CERTIFY T AT hk8 `i! , * *" en# :orrect co,ay of a 04CUMOn, <,* *fide 10 3oard Minutes a ,# , ftoros,_e �I* t'C© Coo* jVITNfISS my nargt:ano offielal seat snap Of 1 T E. SRtyf lC , ERK i r M. Jear06wson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110001255 Urbano Manuel Hernandez Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Urbano Manuel Hernandez, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110001255 dated the 15th day of February, 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 June 23, 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 $80.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or a Demolition Permit and request reouired inspections to be performed and pass thru a certificate of completion /occupancy within g0 s ays of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. i ` e, LJ ; l \ r b' 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 abatement shall be assessed to the property owner. ,, ) �/ r -� X 10t, i 7 C''s V,, Respondent or Representative (sign) Respondent or Representative (print) �- - � --)�) - Z 0,) // Date Diane "Flagg, Director,�1� Code Enforcement De artmen Date REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20080009976 COLLIER COUNTY, FLORIDA, Plaintiff, M113 JOYCE HOLLAND, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Local Business Tax Required126- 111(b) LOCATION OF VIOLATION: 5450 STABLE WAY Naples, FL SERVED: JOYCE HOLLAND, 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 an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, Para un major entendimiento con las comunicaciones de este evento. For favor traiga su propic traductor. March 26, 2012 Ms. Colleen Crawley Code Enforcement Dept. Collier County 2800 North Horseshoe Drive Naples, Florida 34104 Re: M&H Stables AR -13832 Code Violation Hearing Dear Ms. Crawley, LYNN TOWNSLND & ASSOCIATES, LLC Engineers & Planners 1922 63rd Avenue East, Bradenton, FL 34203 Phone 941.756.9100 Fax 941.756.9119 Please accept this letter as formal request a 30 day continuance for this case. Ms. Holland has obtained her SIP Approval. The Inspection Department has performed the required site inspection. The County Engineer is currently waiting for a positive determination from the Ochopee Fire Department regarding access. We are confident that we will be able to resolve any outstanding items prior to the next hearing. On behalf of M &H Stables and Ms. Joyce Holland, we respectfully request approval for this continuance. Sincerely, LYNN TOWNSEND & ASSOCIATES, LLC Lynn Townsend Burnett, P. E. President CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, Petitioner. vs. JOYCE HOLLAND, Respondent CELU20080009976 INSTR 4652687 OR 4760 PG 562 RECORDED 1/31/2012 3:13 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 January 19, 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 Joyce Holland is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing in person and by counsel 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 5450 Stable Way, Naples, FL, Folio 000412480001, more particularly described as the East % of the Southeast 1/4 of the Northwest '/4 of Section 12, Township 50 South, Range 26, East, Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 1.04.01(A) and 2.03.0 1 (A)(1)(a)(2)(i)(f) and Collier County Code of Laws and Ordinances, Section 126- 111(b) in the following particulars: Horse stable operation on property without first obtaining Collier County approval through the issuance of a Site Improvement Plan and without the issuance of a local business tax receipt. 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, sections 1.04.01(A) and 2.03.01(A)(1)(a)(2)(i)(f) and Collier County Code of Laws and Ordinances, Section 126- 111(b) be corrected in the following manner: 1. By obtaining an approved Site Improvement Plan, requesting all required inspections, if necessary, and a local business tax receipt/occupational license from the Collier County Tax Collector through or cease and desist business operation within 60 days (March 20, 2012). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 20, 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 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 $79.72 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 �y'�-day of ( Ctr 1 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNIYT.ELORIDA BY: Kenneth Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this j :) day of 31 �� , 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida,"4ho is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public - State of Florida ` E My Comm. Expires Jun 18, 2015 -•• r' 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 Joyce Holland, 5450 Stable Way, Naples, FL 341 14 and to Ray Bass, Esq., 2335 Tamiami Trail N., Ste. 409 Naples, Florida 34103 this -ay of �� C t (i 1 012. M. Jean Rawson, Esq. I.10Ttt 01 Florida Bar No. 750311 ,.our Ty of COLU ER 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 i i; ERPY CERTir-Y i`RAT this is a true wo (239) 263 -8206 t. i�ic1al scar this BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Joyce Holland Petitioner, Respondent(s), STIPULATION /AGREEMENT Case No. CELU20080009976 COMES NOW, the undersigned, Joyce Holland, 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 CELU20080009976 dated the 6th day of December, 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 January 19, 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 $ 79.72 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining an approved Site Improvement Plan, any related inspections if necessary and a local business tax receipt /occupational license from the Collier County Tax Collector or cease and desist business operation within 60 days of this hearing or a fine of $250.00 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 abatement shall be - assessed to the property l er. Cz, R e /spondgnt or Representative (sign) 4-Y �c L� 0 A o Respondent or Representative (print) Date lam_ Diane Flagg, Director v Code Enforcement Department I I �q. iz Date REV 8/17/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110009351 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JANET SNEEDEN, 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: 04/26/2012 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:540 Platt RD SERVED: JANET SNEEDEN, 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 conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveersu propio traductor,pars un mejor entendimiento con as comunicaciones he este evento.Por favor traiga su propio traductor, ,....., Ot-vir -1— 1 e r o k)-)--( (5i,0-i t-ti 491 e,a6101-0--sz-- - 1 . Ji.'''' -)-'5 re5iltikje ‘'---./1-;,-,-.: /SSW?... 0 LtAii, ,"911-C- t$ ) b44--a-7,i,,, --P-Obit)-E-' .,. -) -' -; .+t p7 .t/e--1-/: 1 14-- s. ,0,--. a 0,0 iY) p ll 4 46d1 .10 Niti52_. t3.,..1y.-,: etic_.,, tik,-+-0 --+.---v,,,_ hi—t_77 i, i:-1-. t,., -f - vo.J- C)-*( ....- - ,-v----; .- a'y e E4- , , 'ilia c,,,,,,Itg 4 :) lai. \r\a/(A-e--(iQ-- ,4o • ildbia-cYt- 11 r R-c-vIonc-icto, (146-1. !.- i/V)Vuz 470 4--e- 1 (01t2/ 52, if/ 1 wi" (1,04 t_Oe_CAA.- 0.-64110 t IVO I t-,,LA„,,_ ,..,.. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110009351 Board of County Commissioners vs. Janet Sneeden, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 540 Platt Rd. Naples, FL Folio # 00111280007 Description: Modifications to the main structure without first obtaining Collier County Building permits 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 1134, for more information. An Extension of Time was granted on February 23, 2012. See the attached Order of the Board, OR 4772 PAGE 1299, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 March 25, 2012—April 26, 2012 (33 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, CESD20 1 1 00093 5 1 • vs. JANET SNEEDEN, INSTR 4666308 OR 4772 PG 1299 RECORDED 3/8/2012 12:03 PM PAGES 2 Respondent 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 Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 30 days(March 24,2012). Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day ofd`-b ° ,2012 at Collier County, Florida. Grp BODE ENFORCEMENT BOARD u.aria t�; 'tyi6 $ Jr6 'itti'0• .tGOL IER f� , LeRIDA cif CCW ER HEREBY CERTIFY THAT this Is a Robert aufuI.. , ice C air I H ink ;HER CO y OT a aoci neat on f18 in X800 'o or sho= give Board Mi+ utes end R-e9unjS.ot CoF1I Naples l0 04 ss aev n a„ . fi S day WIGHfi.E. O�. ..C1 ARK"Of COURTS my, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �1 The foregoing instrument was acknowledged before me this day of by Robert Kaufman,Vice Chair ofthe Code Enforcement Board of Collier County,Florida,whd is personally known to me or t./ who has produced a Florida Driver's License as identification. Rgws►a coM SIGN#EE14'1 it. NOTARY PUBLIC Novemtle 2015 t ; P Thai PuN Und My commission expires: dgd ThN Noun CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correctco y of this O ER has been sent by U. S. Mail to Janet Sneeden, 540 Platt Rd.,Naples,FL 34120 thi ^day of ,2012. ' M.Jean Ramon,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, CESD201100093 51 vs. JANET SNEEDEN, INSTR 4635253 OR 4744 PG 1134 RECORDED 12/82011 3:29 PM PAGES 2 Respondent 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 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: 1. That Janet Sneeden is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 540 Platt Rd, Naples, FL,Folio 00111280007,more particularly described as the West one-half(1/2)of the Southeast one-quarter(1/4)of the Northwest one-quarter(1/4)of the Southeast one-quarter(1/4), Section 27,Range 47 East, Township 27 South,consisting of 5 acres,more or less,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: Modifications to the main structure without first obtaining 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,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 90 days(February 16,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 16, 2012,then there will be a fine of$200 per day for each day until the violation is abated. n 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 2-7= day of 1\--DOv • ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNT ill ' IM BY: Kenneilh lI , air 2800 North Horseshoe Drive Naples,Florida 34104 • STATE OF FLORIDA ) )SS: , COUNTY OF COLLIER) The foregoing instrbment was acknowledged before me this Zz day of �v �r - 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. L):1)- - ' 4 ,._ ,„....., ,,,,,f.,_.- . ,,•111 %."'",,, KRISTINE TWENTE NOTARY PUBLIC —, `o= Notary Public -State of Florida My commission expires: c •E My Comm.Expires Jun 18,2015 .;), .-d .= 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 Janet Sneeden,540 Platt Rd.,Naples,FL 34120 this 2,5"d a y of L o'; ' ,2011. iV/ :c�,,_.( L___ M..1.41/Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail,Ste.208 Naples,Florida 34013 • (239)263-8206 weir of COWER c:i-HERFraY CERTIFY THAT this fS a true sip rr.e * �,OD of a aocument on file to oar ,:i'n,ttes and 4ecoros at Cater Count #e SS:=-?iv nuo and Official seat this ` m ')Wlr �T:E BROGh, CLERK OF FOUR COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110009351 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SNEEDEN,JANET,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 November 18, 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 violation by obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 90 days (February 16, 2012) or $200/day will be imposed and pay operational costs in the amount of$80.86 within 30 days. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4744PG1134 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 26, 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 above the conditions: FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of April, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w• to(or affinne and subscr'.ed before me thib)3 day of r i ) ,2012 by Eric Short \\\ \ ` I TAD (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known' °tom t- -.. � =.•rte tq• `. 1 - • i , 4) , e 1;E� 1 ' I /� __.. c--- ,' so,,,,,,.._ ,.,„... .... ,, „..,...„................„ . , . - .-.,-„,...„, e .-: 7w %J.% - . _,....A.,......,, , . ..,„...: _ -. ., .. ._ , , . .,, „....• , "'Att., 0 . _. ,...., • __, . ,, . . .„. . -k.:. , ..41--, , -, ,,.. ..1/4„. itib::::- — ' 0 '. .,. . -'-'. . - 7,i,-;.---i4,. 4. ''''. - Q .-r - o, 4 yp t S 2012/04/25 1024 ai • _w CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100016684 COLLIER COUNTY, FLORIDA, Plaintiff, LT &I JOSEPH R & BETTY J FAIRCLOTH, 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: 04126/2012 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: 1066 Sanctuary RD Naples, FL SERVED: JOSEPH R & BETTY J FAIRCLOTH, 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 responsabte de proveer su propio traductor, para 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 tanpd vin! avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Joseph R and Betty J Faircloth, Respondent(s) DEPT CASE NO. CESD20100016684 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: An unpermitted mobile home being utilized as a storage unit. 3. Location /address where violation exists: 1066 Sanctuary Rd. Naples, FL 34120 Folio: 98360008 4. Name and address of owner /person in charge of violation location: Joseph R and Betty J Faircloth 1066 Sanctuary Rd. Naples, FL 34120 5. Date violation first observed: August 24, 2010 6. Date owner /person in charge given Notice of Violation: January 11, 2012 7. Date on/by which violation to be corrected: February 01, 2012 S. Date of re- inspection: March 27, 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 271h day of March, 2012 STATE OF FLORIDA COUNTY OF COLLIER Wit~ 7 7 W. Eric Short Code Enforcement Investigator Sworn to (or aff ed) and subscribed before this c2 -?Aay of 2012 by (Signature of N Iry Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known i or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Kimberly Brandes ComlT:i lion n DD926130 E oLres: 3EP.17, 2013 BONDED F.ZUh? ? -nCaONUL�GC0.jNZ Case Number: CESD20100016684 Date: January 11, 2012 Investigator: Eric Short Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT - NOTICE OF VIOLATION Owner: FAIRCLOTH, JOSEPH R & BETTY 1066 SANCTUARY RD - NAPLES, FL 34120 -4832 Location: 1066 Sanctuary RD Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: 23 47 27 E1/2 OF SW1 /4 OF SE1 /4 OF NW1 14, LESS RMi Folio: 98360008 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: An unpermitted mobile home being utilized as a storage unit 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. AND / OR Obtain all required approval from local governing municipality for structure to remain in conjunction with an Agricultural bona fide use. ON OR BEFORE: 02/01/2012 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: INQUIRIES AND COMMENTS SHOULD BE Investigator Signature W. Eric Short DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient rinted Name of Recipient Date AFFIDAVIT OF MAILING Respondent(s): FAIRCLOTH, JOSEPH R & BETTY J 1066 SANCTUARY RD NAPLES, FL 34120 -4832 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: 0 G✓ S Code Case Number: CESD20100016684 (Domestic Mail C 0 ru =1 ro Postage $ r-=1 Certified Fee Return Receipt Fee Postmark 0 (Endorsement Required) Here O Restricted Delivery Fee (Endorsement Required) co ru Case# CESD20100016684 NOV ES -46 FAIRCLOTH, JOSEPH R & BETTY J o 1066 SANCTUARY RD r` NAPLES, FL 34120 -4832 I Kimberly Brandes, 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 1066 SANCTUARY RD NAPLE, FL 34120 -4832, on January 12, 2012, at 3:OOPm. (Signature of Code forcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ,day of January , 2012 by Kimberly Brandes (Name of person making statement) (Signature of Notary Pu 10 NOTARY PUBLIC -STATE OF FLORIDA Barbara J. Garbrough Commission # DD974207 N Expires: MAR. 23, 2014 (Print, typEP@ I dme of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20100016684 Respondent(s): FAIRCLOTH, JOSEPH R & BETTY J THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [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 Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1066 Sanctuary RD Naples, FL , on 01/11/2012 (Date), at 2:38PM (Time), and at the X Collier County Courthouse _ Immokalee Courthouse. (Signature of Code Enforcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to (oj affirmed) and subscribed before me this %i day of ✓GLa�1.� ! 2012 by Eric Short (Name of person making�iatement) (Signature of Notary Publ TARY PUBLIGSTATE OF FLORIDA Kimberly BrandeS CommissioD # DD926130 Expires: SEP.17, 2013 BONDID THRL ATL.,,N -MC BOVDLNG 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. Prepared by and return to: Lisa Sawyer Horizon Title & Escrow Services, LLC 7860 Gate Parkway, Suite 109 Jacksonville, FL 32256 File Number: 080536 4230215 OR: 4406 PG: 1554 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/07/2008 at 02:34FK DWIGHT B, BROCK, CLERK CONS 45000.00 RIC FEE 18.50 DOC -,70 315.00 MR: HORIZON TITLE 6 ESCROW SVCS 7860 GATE PKWY 1109 JACKSONVILLE FL 32256 (Space Above This Line For Recording Data) Warranty Deed This Warranty Deed made this 23rd day of October, 2008, between Anthony M. Graham whose post office address is 6271 Cooper Leaf Lane, Naples, FL 34116, grantor, and Joseph R. Faircloth and Betty J. Faircloth, husband and wife whose post office address is 1006 Sanctuary Road, Naples, FL 34119, grantee: (Whenever used herein the terms "grantor" and "grantee" in_ clude all the parties to this instrument and the heirs, legal representatives, and assj 'f 'v, d the successors and assigns of corporations, trusts and trustees i<th, tor, for and in consideration of the sum of TEN AND N014 LLARS ($10.00 her good and valuable considerations to said gran r d-pai by said , the ipt whereof is hereby acknowledged, has grant , , bafgai a end ld to a said tee, and grantee's heirs and assigns forever, the f llo g d being in the Collier County, Florida, to-wit: East half of the Southw a ie f c SOL t u rt the Northwest quarter of Section 23, T hip 47 South, Ran a 27 �ast g and being is Collier County, Florida. Less A way. Parcel Identification Num 98360008 This'i" , omestead property of the Grantor who maintains mestead at 6271b�er�Leaf Lane, Naples, FL 34116 Together w i t h all the t e n e m e n t s , her �e is appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Warranty Deed - Page I 11117 OR; 440 YU: ODD - Signed, sealed and delivered in our presence: Witness Name: A O'l01DPv Witness ame: ' Al Anthony M. OrahaiT State of County of The foregoing instrument was acknowledged before me this 2.8 day Of CC--bD r , 20!gLB, by Anthony M. Graham, she () is person y..knav n to me or � has produced tt ye c 'W Cen ce as identific� ( ,r Notary Public Printed Name: My Commission Expires: Warranty Deed - Page 2 j L Cl / MARIA JULIA IMODA Notary Public - State of Florida My Commission Expires Nov 6, 201 Commission # DO 612512 Bonded ThM* National NOW. Armen COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20100016684 Board of County Commissioners, Collier County, Florida Vs. Joseph R and Betty J Faircloth Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CESD20100016684 DESCRIPTION OF VIOLATION: An unpermitted mobile home being utilized as a storage unit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Joseph R. & Betty J. Faircloth Inv.Eric Short Department Case No CESD20100016684 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00' $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total L $80.29 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20110011262 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RUE GRACELYN MOSTACCIO, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally1.04.01(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 1 074 -B 00: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE ILAVAILABLE N THE COUNTY COMMISS ONERS'OFFICE EAST TAMIAMI TRAIL, NAPLES FLORIDA NOTIFICACION: Este audiencia sera conduclda an el idioma Ingles. Servicios the traduccion no seran disponibles an is audiencia y usted sera responsable de proveer su propio traductor, para un meior entendimiento con Ids comunicaciones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo W an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pales angle tanpri vini avek yon intepret you paid 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 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 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 4`h Ave SE, Naples, FL 34117 Folio# 40926160000 4. Name and address of owner /person in charge of violation location: Gracelyn Mostaccio Rue 2861 4th Ave SE, Naples, FL 34117 5. Date violation first observed: August 30`h, 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 l V11 I day of April, 2012 STATE OF FLORIDA COUNTY OF COLLIER Sworn to_(or affirmed)_av ribe b fare this 1.2 of Notary Personally known V or produced identification Type of identification produced REV 8 -19 -11 Patrick Baldwin Code Enforcement Investigator day of April ,2012 by ?.-k , c�_- �1 a 10(W r- . (Print /Type /Stamp Commissioned Name of Notary Public) NOTARY PU13LIC•STATE OF FLORIDA .......... Delicia Pulse qj Commission # EE049564 '..'` Expires: JAN. 16,201S BONDED THRD ATLANiTC BONDING Ca'= COLLIER COUNTY CODE ENFORCEMENT Owner: RUE, GRACELYN MOSTACCIO NOTICE OF VIOLATION 2861 4TH AVE SE NAPLES , FL 34117 - Location: 2861 4th AVE SE Unincorporated Collier County Zoning Dist: E: Property Legal Description: GOLDEN GATE EST UNIT 81 W THE E 105FT OF TR 60 Folio: 40926160000 Case Number., CELU20110011262 Date: September 26, 2011 Investigator: Patrick Baldwin Phone :2392525756 15OFT OF TR 60, THE W 75FT OF THE E 18OFT OF TR 60, AND NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: General Provisions. Land Use. Collier County Land Development Code 04 -41 -as amended, Section 1.04.01(A) 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.: 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 TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amendekAn 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. rS'E D BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239262 -24 0 FAX' 239 252- Patrick Baldwin • Sig ure'and Title of Recipient COLLIER COUNTY ORDINANCE: 04 -41 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. B. The regulations established in this LDC and within each zoning district shall be nfnimum 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 -�q all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It. shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area. of Collier. County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). CORRECT/ J�_7 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 41h 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 THE WEST 150 FEET OF TRACT 60, UNIT 81, GOLDEN GATE ESTATES, ACCORDING TO O THE PLAT THEREOF, RECORDED PLAT BOOK 5, PAGES 19 AND 20, OF THE PUBLIC P " PQ RECORDS OF COLLIER COUNTY, FLORIDA. CJ U CY. cG O O To Have and to Hold the same together with all aj anywise appertaining; and all the estate, right,.ti_ e Co n law or equity, for the use, benefit and prof# said ZZ C-il b4 i C��,' a d OqIn Witness Whereof, the Grantor has/he� ntto-settray �. o o Signed, sealed and delivered in our pre rQ r PA C Witn ss Si t �` r K a ure o Witn s # rinted Name �W - N O O PO � O o a a Witness #2 Signature Witness #2 Printed Name the appurtenances thereunto belonging or in and claim whatsoever of Grantor, either in ay and year first above written. LABY n 1 J GRACELYN MOSTACCIO RUE NOfrr Pu"" - 81M� d floifd� CanuNNiOa EapiMA% 31,2Z010 -0 CoMOM BauNe • DD 591374 STATE OF FLORIDA °" h Nor I MMY Awn. y WUNTY OF COLLIER PR am a� -1�e foregoing instrument was acknowledged before me this 4th day of January 2008, by JONATHAN P. SLABY FWD GRACELYN MOSTACCIO RUE who is personally known ,ate me or who has produced as identification. 2�RJ 7`7 o ry Signature Printed Notary Signature COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20110011262 Board of County Commissioners, Collier County, Florida Vs. Gracelyn Mostaccio Rue Violation of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) Patrick Baldwin, Code Enforcement Official Department Case No. CELU20110011262 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. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Cease and desist all trips/tours from the general public to view the Kowiachobee Animal Preserve located on an Estates zoned property within days of this hearing or a fine of $ per day will be imposed until the violation has been 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gracelyn Mostaccio Rue Inv.Patrick Baldwin Department Case No CELU20110011262 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copt/Costs&Mail Fees Pages Copies Per Page Total Black&White 5 65 0.022 $1.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $79.43 I IMPOSITION OF FINES HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $79.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20120001904 COLLIER COUNTY, FLORIDA, Plaintiff, vs. STEPHEN J LOCKWOOD & CO LLC, Respondent(s) Kenneth R. Johnson, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Ordinance 87 -41 Presence of Collier County Prohibited exotic vegetation LOCATION OF VIOLATION: 9051 Tamiami Trail North Naples, FL SERVED: STEPHEN J LOCKWOOD & CO LLC, Respondent Kenneth R. Johnson, 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 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 9)7074- 800TASS ASSISTED LISTENING DEVICES OR THE HEARING IMPAIRED ARE ILAVAILABLEAIN THE COUNTY COMMISSIIONERS'OFFICE EAST 7AMIAMI TRAIL, NAPLES FLORIDA COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Stephen J. Lockwood & Co. LLC., Respondent(s) DEPT CASE NO. CEVR20120001904 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 87 -41 2. Description of Violation: Presence of Collier County prohibited exotic vegetation including, but not limited to Brazilian Pepper. 3. Location/address where violation exists: 9051 Tamiami Trail North Naples, FL 34103 Folio 176681007 4. Name and address of owner /person in charge of violation location: Stephen J. Lockwood & Co. LLC C/O Cameron Real Estate Svc. Inc. 2390 Tamiami Trail N. Ste. 100 Naples, FL 34103 5. Date violation first observed: 2/08/2012 6. Date owner /person in charge given Notice of Violation: 3/13/2012 7. Date on/by which violation to be corrected: 3/28/2012 8. Date of re- inspection: 3/29/2012 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+r;I , 2012 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER i Sworn to (or a d) and subscribed before this 0 day o *� ; 2012 by F f, gn e of tary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identifica on produced y. SHIRLEY GARCIA NOTARY PUBLIC ri F STATE OF FLOC�'l4 Ar Comm# DD09439� "` #�' ,,e s EWIIOS 12/21/20 i.� Case Number: CEVR20120001904 Date: March 13, 2012 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: STEPHEN J LOCKWOOD & CO LLC % CAMERON REAL ESTATE SVC INC 2390 TAMIAMI TRL N STE 100 NAPLES, FL 34103 Location: 9051 Tamiami Trail North Naples, FL 34103 Unincorporated Collier County Zoning Dist: PUD Property Legal Description: 33 48 25 COMM E1/4 OF SEC 33, S 17.65FT, N 80DEG W 152.55FT,N 965.81 FT TO POB, N 93.97FT, N 89DEG W 30.17FT, N48DEG W Folio: 176681007 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: Ordinance 87-41 (4.15)(3), Collier County Land Development Code 3.05.07 (H)(g)(ii) "All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species." Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Collier County prohibited exotic species including, but not limited to Brazilian Pepper. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove exotic vegetation by hand removal methods. 2. When exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. ON OR BEFORE: 3/28/2012 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: David Jones Investigator Signatur David Jones 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 AFFIDAVIT OF MAILING Code Case Number: CEVR20120001904 Respondentts): STEPHEN J LOCKWOOD & CO LLC % CAMERON REAL ESTATE SVC INC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation 4 _Notice of Hearing CASE: CEVR2012000 190 Kenneth R. Johnson _Notice of Hearing /Imposition of Fines Registered Agent _Citation 4001 Tamiami Trail North Notice to Appear Naples, FL 34103 Code Enforcement Board Evidence Packet Other: 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 2390 TAMIAMI TRL N STE 100 NAPLES, FL 34103, on 2114112 (Date), at T49 PM (Time), x , F"Xlv„x (Signature of Code EnforsYnent Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to affirmed) and subscribed before me this 11-4 day of February, 2012 by Indira Rajah (Name of person making statement) ✓ t (Signature of Notary Publi �1R% p _ y vt at,rr, ,:� uF ZORF)A F K -.il e.r iy Brandes _ Co:. m isson T DD926M `= Expire.: SER 17, 2013 BC'+'Dnri: =„ (Print, type or-stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING r�) Code Case Number: CEVR20120001904 Respondent(s): STEPHEN J LOCKWOOD & CO LLC % CAMERON REAL ESTATE SVC INC 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 David Jones, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 9051 Tamiami Trail North , on 3/13/2012 (Date), at 1:00pm (Time), and at the _X—Collier County Courthouse _ Immokalee Courthouse. (Signature of Code Enfor nt Official) David Jones STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscri ed before me this �_ day of � , 2012 by David Jones (Name of person making statement) a Q (Signature of Notary Pub' NOTARY PUBLIC � . STATE OF FLORd. Comm? OD0943e _ >4rr zg�e En?ires 12/21/201: (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced ORDINANCE 87- 4i AN ORDINANCE AMENDING ORDINANCE 82 -2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- _ PORATED AREA OF COLLIER COUNTY, FLORIDA BY -• AMENDING THE ZONING ATLAS MAP NUMBER 48 -25 -8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF -6, C -4 AND PUD TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS m PAVILION LAKE FOR A MAXIMUM OF 156 MULTI- FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF US -41, DIRECTLY NORTH OF THE PAVILION SHOPPING CENTER IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 15.67 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Coastal Engineering Consultants, Inc., representing 41 /Vanderbilt Joint Venture, petitioned the Board of County Commis- sioners to change the Zoning Classification of the herein described real property; p NOW, THEREFORE BE IT ORDAINED by the Board of County Commis- sioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 33, Township 48 South, Range 25 East, Collier County, Florida is changed from RMF -6, C -4 and PUD to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 48 -25 -8, as described in Ordinance 82 -2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice DATE: May 26, 1987 BOARD OF COUNTY COMMISSIONERS - °- COLLIER TY, FLOR ATTEST:, j '' CO. ;TAMES C.- OTLES, CLERK MAX SSE, CHAI 7Ais ordhx rice filed with the APPPOOVED AS. tO' FORM AND LEGAL SUFFICIENCY ��ory' of te's Office _mod May cf •,< ' and ocicnowledgement o that R. - BRUCE' ANDERSON fiii received d� --__ ABSIS.TANT- COUNTY ATTORNEY a , o.wgr cr.r R8624C PUD Ordinance C_ PAVILION LAKE A PLANNED UNIT DEVELOPMENT CEC FILE N0. 86.023 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. CAPC Action: May 7, 1987 BCC Approval: May 26, 1987 Revision Data: Revision 1: March 18, 1987 .r:�;ev%i >sivrr�'2: ��' :' °';Tda�.r�ri:'•'�0,`'1`?3`87 Revision 3: May 12, 1987 Final Revision: June 3, 1987 GXN1B / T ,Q" 4.14 EXEMPTIONS FROM SUBDIVISION REGULATIONS The following exceptions, to the Collier County Subdivision Regulations apply to this project: B. Article XI, Section 17F: Right of Way width with review and approval by the Engineering Department and Utility Division. b. Article XI, Section 17I: Curb Radii. C. Article XI, Section 17J: 100 foot tangent at intersections. d. Article XI, Section 10: Valve covers at monuments in streets. e. Article XI, Section 17K: 100 foot tangent at reverse curves. 4.15 ENVIRONMENTAL STIPULATIONS 1) A site clearing plan shall be submitted to the Natural Resources Management department and the Community Development Division for their review and approval -prior to any substantial work'on the site. This plan may be submitted in phases to coincide with the devel- opment schedule. The site clearing shall depict how t--he final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Commu- nity Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall :bL remxiv2r# dllr.:d:ng ?fib rn5�: n zm ::fr.om d�s��i' Amery': n:ESZ•Sy a *p:en sp-ace :ter -�a�., _arid resAn e areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. 16 a L-. C, I r-1 j , ,.. This I: t,-?rnent Prcpareed fay: John i'auh(;h 111, Esq. Paulich Slack & Wolff, P.A. 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 Parcel I.D. Number(s): 00176681007 2604898 OR; 2650 PG; 0906 IICOIDID la 01<>!ICIA1 UCCUI of C011III COMM, IL 03/10/2000 at 01:31AN DVI61t I. IIOCI, CUB COLS 3500000,00 UC ill 15100 DOC -.70 2 500,00 We: PAULICI SUCK ti 11 801 AIC10I IODI DI 0203 IAPLIS P1 35103 PREPARATION ONLY WITHOUT BENEFIT OF TITLE SEARCH OR OPINION ' f i wAR RA.N'rY D E E D made the C� Z day of March, 2000, by 011 �., .ALL hereinatler called the Grantor, to STNPHrN J. LOCK rWOt?l'& COMPANY, L.L.C., a D aware limited liability company crpanized and qualified to dor b in ss4it- to a, whose postofiice address S.al ern, hereinalter called the Grant valuable considerations, receiptxwile alicrts, . s an Collic°r County, Florida, viz: Sec attached Exhibit "A" for and in o%rnC'410QiU6Pn of the sum of $10.00 and other is hereby acd, hereby grants, bargains, sells, II t�i. f rantee, all that certain land situate in 13 not ao ead has never been the homestead of the grantor, nor is it c:&u .1Fuous thereto. TG1'-X THER with all t -- tenements, hereditaments and appurtenances thereto belonging or in an is- rnertaining. To I-IPN,e e ❑d To Hold, the same in fee simple forever. ,rantcr here'::. o,- chants with said Grantee that the Grantor is lawfully seized of said l l:a; _,:,or has good right and lawful authority to sell and convey said Iarx ; uA ereby fully warrants the title to said land and will defend the same against the lawfui cai,iis of all persons whomsoever; and that said land is free of all encumbrances, except OR: 2650 PG: 0907 taxes subsequent to December 31, 1999; and subject to all easements, restrictions and resew, , , :)! 7 In Vi 'o'hcrew', tl c said Grantor has signed and sealed these presents the day and year firs', -'i't Signed, & delivered in our PT est-,rlce: STATE F1 -0 1D,,,, COUNT','OF fc Ma u; iden, ; is Pbrsc W10 Maurice W. Connell Notary P—db--lic M- Si ; : f "- - NWCY K. MWANN MY MWASWk P CM16i% EXPIRES FIMwY S. 2001 KWO TKV TRW PAN W&UPApj IIC -1w, day of March, 2000 by roduced driver's license as iulcz n I am C a" C- wit;i t. Witness STATE F1 -0 1D,,,, COUNT','OF fc Ma u; iden, ; is Pbrsc W10 Maurice W. Connell Notary P—db--lic M- Si ; : f "- - NWCY K. MWANN MY MWASWk P CM16i% EXPIRES FIMwY S. 2001 KWO TKV TRW PAN W&UPApj IIC -1w, day of March, 2000 by roduced driver's license as * ** OR; 2650 PG; 0908 M CXHIBIT "A" A parcel of land lying in the northeast quarter of Section 33, township 48 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commf�ncirg the east quarter corner of said Section 33, run S00° 37'3: "E along the east line of said Section 33, a distance of 17.65 feet to the extension of the northerly right -of -way line of Yanderbilt Beach Road; thence N800 08'20 "W 152.55 feet along said exter ;_ior: to the intersection of said northerly right -of -way line with ,_he esterly righ -of -way line of U.S. 41; thence along said west rly riot -of -way dine N00 039'066 °W 1059.78 feet to the point of bagin-;ng. thence continue along said westerly right -of -way line 00 :'9'06 "W 231.25 feet to the southerly right -of -way line of 91 t ,;venue North; Thence along said southerly right -of -way line NBG' 34'49 "W 300.05 few thence S00'39'06 "E 260.00 feet; then,_ N 7 14'04 "E 244,4 tiz, hence S48050' 15"E 41.39 feet; them S > >3 34 49 "E 30_ Vet Ant of beginiag. j. C V -b)Zo0o iR o4— \-13\ CERTIFICATE OF AMENDMENT 4243133 OR: 4414 PG: 3912 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL THE UNDERSIGNED, being the duly and acting President of 12/19/2008 at 02:23PN DWIGHT B. BROCK, CLERK Pavilion Club Condominium Association, Inc., a Florida RBC PEE 511.50 corporation not for profit,hereby certifies that at a meeting of the Retn: members held on February 6,2008, where a quorum was present, SANOUCE NURRBLL ET AL after due notice,the resolutions set forth below were approved by 5405 PARK CENTRAL CT the vote indicated for the purposes of amending and restating the NAPLES FL 34109 Declaration of Condominium for Pavilion Club,a Condominium, as originally recorded in O.R. Book 1354 at Pages 165 et seq.,of the Public Records of Collier County, Florida, as previously amended,and the Articles of Incorporation and Bylaws of Pavilion Club Condominium Association,Inc.,as previously amended. 1. The following resolution was approved by at least seventy-five percent(75%)of the voting interests who were present and voting, in person or by proxy. RESOLVED:The Declaration of Condominium for Pavilion Club, (for use by Clerk of Court) a Condominium,is hereby amended and restated in its entirety and the amendment and restatement is adopted in the form attached hereto,and made a part hereof. 2. The following resolution was approved by vote of a majority of the voting interests. RESOLVED: That the Articles of Incorporatioryo Paviltbn Club.Cdndohrinium Association, Inc. be and are hereby amended and restated in their entirety;and the amendment artd cesjatement is adopted in the form attached hereto and made a part hereof. r \.-j' 3. The following resolution was approved/1)y at le st'iixiy-se ..en percent(67%)`'of the voting interests present in person or by proxy. RESOLVED: That the Bylaws of Pavilion C Mb Cron ii speiatturr?lnr,he aid are hereby amended and restated in their entirety;and the amendment and restatementds atioptc`d iti the tacked li*itoi and made a part hereof 2/, / � P^` e i , Date: � '°' �-. PAVILION CLUB CONDOMINIUM ASSOCIATION,INC. By: rt' / Witness / ' ,( Doris Jean Rk ,, President Print Name: tic f1 teJ (`t -kt✓s - 870 Gulf Pavilion Drive#101 +‘'�r 1 R'r•79/.- " N 4frL'4S ,%J aples_ L 3tl 108 t 74 0(1 `� l�!� " W imess • y �!.a MCP/4cs t KO5 • N •e c. i • •Print Nam 0 (CORPORATE SEAL) '''p'••'�/ '. �^ STATE OF FLORIDA ii29•0*�•*••0% COUNTY OF COLLIER ............ .,;,,,'��' The foregoing instrument was acknowledged before me this /S day of February,2008 by Doris Jean Rand,as President of the aforenamed Corporation,on behalf of the Corporation. She is personally kno n to me or has produced L,bi.C Ol>f/v-) 'Pelt/ 1-t C iv as identification. roe•,".Y.°a� RICHARD A,SCHAEFFER ignature of Notary Public • MY COMMISSION t DO 322962 ,moo EXPIRES:August 4,2008 This instrument prepared by Robert E. Murrell, Esq., 4rEOF`=0p Bonded MN Budget Notary Sates Samouce, Murrell& Gal, P.A., 5405 Park Central Court, Naples, FL 3.4109. Print, Type, or Stamp Commissioned Name of Notary Public) (Affix Notarial Seal) 011: 4414 PG: 3913 NOTE: SUBSTANTIAL AMENDMENT OF ENTIRE DECLARATION. FOR PRESENT TEXT SEE THE EXISTING DECLARATION OF CONDOMINIUM. AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR PAVILION CLUB, A CONDOMINIUM On June 1, 1988, the original Declaration of Condominium for Pavilion Club, a Condominium (the "Condominium")was recorded in O.R. Book 1354,at Pages 165 et seq.,of the Official Records of Collier County,Florida. The Declaration was amended and restated on April 23, 1993 at O.R. Book 1818,Pages 1688 et seq. That Declaration,as it has previously been amended,is hereby further amended in part,and is restated in its entirety as amended. Sections 4.and 20. of the original Declaration are not being amended, but are restated herein as Sections 5.2 and 18. respectively,with appropriate changes in cross-references. 1. SUBMISSION STATEMENT. This Amended and Restated Declaration of Condominium is made by Pavilion Club Condominium Association,Inc.;a Floridacorporation not for profit(the"Association"). The land subject to this Declaration, and all l einenWtherfOn, have already been submitted to the condominium form of ownership and use,pursuant to the Florida.0ondominium Act. No additional property is being submitted to condominium ownership by this Declaration. The original legal description of the condominium contained a scriverer's,error That error ha been corrected in the legal description that is attached to this Amended and Restated Declaration-of Condominium;as Exhibit "B." The covenants and restrictions in this Declaration, as it rt}tay be arhe ded from_ti re to ttnle run with the land; and are binding upon and inure to the benefit of all present snd future owners oI ch domin um parcels. The ownership of a unit,the acquisition of any other intsereqIn'th ,cipndcimipium property,or the lease,occupancy,or use of any portion of a unit or the condpxninium property, constitute unconditional acceptance and ratification of all provisions of this Declaration as amended from time to tir,and an agreement to be bound by its terms. 2. NAME AND ADDRESS. The narne of this Condominiu i i Pavilion Club, a Condominium, and its street address is 805 Gulf Pavilion Drive, Naples,`Fldnda��I�Q8. 3. DESCRIPTION OF CONDOMINIUM PROPERTY. The land submitted to the condominium form of ownership by the original Declaration (the"Land") is legally described in Exhibit "A"to the original Declaration,which is hereby incorporated by reference. 4. DEFINITIONS: Certain words and phrases are used in this Declaration and its recorded exhibits with the meanings stated below,unless the context clearly requires a different meaning. 4.1 "Apartment"has the same meaning as the term"unit"as defined in the Condominium Act. DECLARATION OF CONDOMINIUM - 1 - SAMOUCE,MURRELL&GAL,P.A.• 5405 Park Central Court•Naples,FL 34109 Phone(239)596-9522 •Fax(239)596-9523 OR: 4414 PG: 3914 4.2 "Apartment Owner"or"Owner"has the same meaning as the term"unit owner"as defined in the Condominium Act, except that for purposes of interpreting and applying the restrictions related to the use and occupancy of units, in cases where a primary occupant has been designated for a unit because of its ownership,the word"owner"refers to the primary occupant and not the record owner. 43 "Assessment"means a share of the funds required for the payment of common expenses which from time to time is assessed against the units. 4.4"Association"means Pavilion Club Condominium Association,Inc.,a Florida corporation not for profit, the entity responsible for the operation of this Condominium. 4.5 "Association Property"means all property, real or personal,owned or leased by the Association for l �c� l L�� )he use and benefit of the unit owners. 4.6 `Board of Directors" or "Board" means the representative body which is responsible for the administration of the Association's affairs, and is the same body referred to in the Condominium Act as the "Board of Administration". 4.7 "Commercial Vehicle" means any motorvehic leew eh,displays lettering for a business or other commercial enterprise regardless of the actua1orcurrent use_bft{e v ehicle,and/or any motor vehicle defined as a"commercial vehicle"by the Flc wda. .ta"tutes. 4.8 "Family"or"Single Family'"means any one-(1)of the followin : (A) One(1)natural person;o lr ) �) r\ (B) Two(2)or more natural persis`whatorhi ,resi4e toget}1.edr,as a single housekeeping unit, each of whom is related by'blo©d,marriage or adoption to each,oflhe others; or (C) Two (2) or more natur } O al �erspns meeting the requitemepts,of(B) above, except that there is among them one(1)person who is",tipttrelated to some"or alllof.the others. 4.9 "Fixtures" means those items of tangible-pr~rsotxat property which by being physically annexed or constructively affixed to the unit have become accessory to it and part and parcel of it, including but not limited to, interior partitions, walls, appliances which have been built in or permanently affixed, and plumbing fixtures in kitchens and bathrooms. Fixtures do not include floor, wall or ceiling coverings. 4.10 "Guest"means a person who is not the owner or a tenant of a unit,and is not a member of the owner's or lessee's immediate family,who nevertheless is physically present in,or occupies the unit on a temporary basis,at the invitation of the owner or Iessee,without paying valuable consideration. 4.11 "Immediate Family"means any husband,wife, father,mother,brother, sister,child or grandchild of the owner. 4.12 "Institutional Mortgagee" means the mortgagee (or its assignee) of a mortgage against a condominium parcel,which mortgagee is a bank,savings and loan association,mortgage company,insurance DECLARATION OF CONDOMINIUM - 2- SAMOUCE,MURRELL&GAL,P.A. • 5405 Park Central Court•Naples,FL 34109 Phone(239)596-9522 •Fax(239)596-9523 OR: 4414 PG: 3915 company, real estate or mortgage investment trust, pension or profit sharing trust, the Federal Housing Administration,the Veterans Administration,or any agency of the United States of America. The term also refers to any holder of a mortgage against a condominium parcel which mortgage is guaranteed or insured by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America,or by any other public or private corporation engaged in the business of guaranteeing or insuring residential mortgage loans,and their successors and assigns. 4.13 "Lease"means the grant by a unit owner of a temporary right of use of the owner's unit for valuable consideration. 4.14 "Limited Common Elements"are those common elements that are reserved for the use of a certain unit or units, to the exclusion of the other units. 4.15 "Occupy",when used in connection with a unit,means the act of staying more than five(5)hours in a unit. "Occupant"is a person who occupies a unit. 4.16 "Primary Institutional Mort2a2ee" means that institutional mortgagee which, at the time a determination is made,holds first mortgages on more units in the Condominium than any other institutional mortgagee,such determination to be made by EeferFpce tp the number of units encumbered,and not by the dollar amount of such mortgages. " 4.17 "Primary Occupant"means the natural person approved fornccupancy when title to a unit is held in the name of two or more persons/who'are,pot husband and or by a trustee or a corporation or other entity which is not a natural person � 1 4.18 "Rules and Regulations"means those ru'esiand e and s rorhulgated by the Board of Directors, governing the use of the common elen °a td.theopera�of.the Association. 4.19 "Voting Interest"means arid rf rs to the arrangement rtatIlishedin the condominium documents by which the owners of each unit collectively are entitled to one(1)vote,n Association matters. There are one hundred fifty-six(156)units, so the total number of voting interests is one hundred fifty-six(156)votes. :: 7 ° 5. DESCRIPTION OF IMPROVEMENTS; SURVEY AND PLANS: 5.1 Survey and Plot Plans. Attached to the original Declaration as Exhibit"A,pages 7 through 23",and incorporated by reference herein,are a survey of the Land,legal description and plot plans,which graphically describe the improvements in which units are located, and which show all the units, including their identification numbers, locations and approximate dimensions and the common elements and limited common elements. Together with this Declaration,the exhibit identifies the common elements and limited common elements, and their relative locations and dimensions. A new boundary survey is attached as Exhibit"C", which survey shows the corrected legal description for the condominium. 5.2 Unit Boundaries. Each unit shall include that part of the building that lies within the following boundaries: DECLARATION OF CONDOMINIUM -3- SAMOUCE,MURRELL&GAL,P.A.U 5405 Park Central Court•Naples,FL 34109 Phone(239)596-9522 ■Fax(239)596-9523 OR: 4414 PG: 3920 9.1 Association Maintenance. The Association is responsible for the protection,maintenance,repair and replacement of all common elements and association property(other than the limited common elements that are required elsewhere herein to be maintained by the unit owner). The cost is a common expense. The Association's responsibilities include,without limitation: (A) The exterior surface of the main entrance doors to the units. (B) Electrical wiring up to the circuit breaker panel serving each unit. (C) Water pipes,up to the individual shut-off valve serving each unit. (D) Cable television lines up to the wall outlets. (E) Main air conditioning condensation drain lines,up to the point where the individual unit drain line meets. (F) Main sewer lines, up to the point where the individual sewer lines serving each unit connect. (G) All installations, fixtures and inenogt one(1)unit but serving one(1)or more other units,or located outside th '�tig Titles to more than one(1)unit or the common elements. L / f (H) All exterior building'alls nc l pai ,Thi a erproo g, , d caulking. (I) The exterior surface cif th ar i 4 17-') (.n Any stairways, stairvs lls o`tyar'hng c (K) Balcony or patio railin (L) All parking spaces; cover c t"boyered.� / (M) Fire sprinkler heads and related p suppression system and the fire suppression system equipment. (N) Bullnose awnings outside of the end units' entrances. The Association's responsibility does not include interior wall switches or receptacles,plumbing fixtures or other electrical,plumbing or mechanical installations located within a unit and serving only that unit. All damage caused to the original installations of a unit or limited common element by work performed or ordered to be performed by the Association and any damage to any portion of a unit or limited common element resulting from accidental or negligent causes in the performance of such work, shall be promptly repaired by and at the expense of the Association,which shall restore the property as nearly as practical to its condition before the damage,and the cost shall be a common expense. In any unit where a unit owner (or his predecessor in title)has made any alteration or addition to the original installation of his unit or to the limited common element serving only his unit,the Association shall not be responsible for any damage DECLARATION OF CONDOMINIUM -8- SAMOUCE,MURRELL&GAL,P.A.•5405 Park Central Court•Naples,FL 34109 Phone(239)596-9522 •Fax(239)596-9523 OR: 4414 PG: 3948 condemnation or a taking by eminent domain as provided in Section 17., nor to mergers as provided in Section 22.9 below. No amendment shall operate to unlawfully discriminate against any unit owner nor against any class of unit owners. 22. MISCELLANEOUS: 22.1 Severability. The invalidity or unenforceability in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provision of this Declaration, or any recorded exhibit to this Declaration,shall not effect the remaining portions thereof. 22.2 Applicable Statutes. The validity,application and construction of this Declaration and its recorded exhibits shall be governed by the Laws of Florida,particularly the Florida Condominium Act,as it exists on the date hereof. 223 Conflicts. If there is a conflict between any provision of this Declaration and the Condominium Act, the Condominium Act shall control. If there is a conflict between this Declaration and the Association's Articles of Incorporation or Bylaws,the Declaration shall control. 22.4 Interpretation. The Board of `~ rp .:---r�tors 'is respons��ejor interpreting the provisions of this Declaration and its exhibits. Sucb 'xStEetations shall be'-41n upon all persons unless wholly unreasonable. A written opinion rqnidetw Association legal counsel that an interpretation adopted by the Board is not unreasonable shall c6ncl iv stab ish-lha. idity ol\such interpretation. �, � -- ' i 22.5 Exhibits. There is hereby inclo `u ci '-0(14, laizi o i imat'erials contained in the exhibits hereto which,under the Condoiinirim#\ct ar ui a p'-t 4f the Declaration. y i1ai 1 , 22.6 Number and Gender. Wlt j er the context so req 1es,the ua4 1he plural shall include both the singular and the plural,and the uSte- y gender shall be "k>_ a t9i*li ide all genders. 22.7 Heat �, / dings. The headings used int a ominium documer#ay for reference purposes only,and do not constitute substantive matter to be co' de "tl�.terms and provisions of these documents. DECLARATION OF CONDOMINIUM -36- SAMOUCE,MURRELL&GAL,P.A.•5405 Park Central Court■Naples,FL 34109 Phone(239)596-9522 ■Fax(239)596-9523 Statutes& Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: 2011 Ffi Go The 2011 Florida Statutes Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.103 Definitions.—As used in this chapter, the term: (1) "Assessment" means a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner. (2) "Association" means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership. (3) "Association property" means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members. (4) "Board of administration"or "board" means the board of directors or other representative body which is responsible for administration of the association. (5) "Buyer" means a person who purchases a condominium unit. The term "purchaser" may be used interchangeably with the term "buyer." (6) "Bylaws" means the bylaws of the association as they are amended from time to time. (7) "Committee" means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. (8) "Common elements" means the portions of the condominium property not included in the units. (9) "Common expenses" means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. 718.115. (10) "Common surplus" means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. (11) "Condominium" means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. (12) "Condominium parcel" means a unit, together with the undivided share in the common elements appurtenant to the unit. (13) "Condominium property" means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. (14) "Conspicuous type" means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. Where conspicuous type is required, it must be separated on all sides from other type and print. Conspicuous type may be used in a contract for purchase and sate of a unit, a lease of a unit for more than 5 years, or a prospectus or offering circular only where required by law. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 3/14/2012 OR: 4414 PG: 3951 BOUNDARY SURVEY SOg•51'40,.w r4� 5 7 436 --N09' ..E g.6$ FOUND 55 BNROD 436.36' NAIL 0W CAP FOUND ' CONC. � POINT OF BEGINNING'L2FO D MONUMENT NAIL I v7 ' u, ao z a) f. Do I N OD -P:coUl 2 _ co up 2'O _'0 ? FOUND 3X3 CONC. MONUMENT - CO r r � ri.. Q FOUND r l 1 3X3 CONC. 3 = z.c : MONUMENT 01 .Ow rri :'• o J ' .11 '' MOVEMENTS MAY EXIST, BUT ARE NO SCOPE OF THIS SURVEY. cD 'rn ' 40 rR cm 5 °' SOUND a (U, JJ//� JI�'� ---, /6 ROD '\ .Z l'. ( 2464 �1 1 LINE LENGTH BE (t, j �4 ou I FOUND L1 100.00' S8� '" p NAIL ' 9,E • 325.00' LB 2464 L2 12.19' S09` p W -= = N00'39'06"W F' ' L3 120.00' S8O'd$ 'E o �'"`' - �/ .., w L4 17.65' S00'3T o :? �-" . mow G+ / L5- 152.55'1 N80'08'20 :. a co / Q FOUND 5/8 246 RO 4 125.10'D • — — LB WESTERLY R/W LINE US 41 5/8 FOUND ROD 01 n r.AP ' (150' RIGHT OF WAY) US 41 Lam_ . .— — . . — . . — . — . . L4 POINT OF COMMENCEMENT EAST QUARTER CORNER SECTION 33,T48S, R25E THIS SURVEY IS PREPARED FAR: PAVILION CLUB l hereby certify that this survey meets LEGEND/ABBREVIATIONS 0 SET IRON PIN w/CAP#501J the minimum technical standards as per © Rya NA/L AND RN TAR Chapter 61G17-6 F.A.C. 0 END. CONC. MOV. LEGAL DESCR/PAAN This is not a certificate of Title, Zoning, o SID. IRON PIN SEE ATTACHED LEGAL DESCRIPTION or Freedom of encumbrances. e BENCH MARK Q, POSER POLE Abstract has not been reviewed and ® KU other easements and restrictions may C CALCULATED l to this par N = MEASURED app y p cel. All other easements P _ PLAT, D .. OFED that exist are required to be provided C = CENTERLINE ADDRESS OF PROPERTY: to the surveyor by the client of his CONC = CONCRETE 805 GULF PAVILION DRIVE or her agent per Florida Statute urs = unun£s TOMB - rOP OF BANK 61G17-6.003 (10) F.A.C. November 25, 2005 NOTES• . Dote of Survey: FLOOD ZONE "X" - PANEL 120067 0193 D. Oeit_a_e_ l /�.. BEARINGS BASED ON PHYSICAL CENTERLINE OF 1��_ L 7.t �- Scole: - 1 = 200' US 41 AS BEING SO0'39'06"E. tt 'F�-�-4ti.- os Project N033T48R25 PA4N CLUB ELEVATIONS ARE BASED ON N.G.V.D. 1929 DATUM. Carol E. Nelson, P.L.S. #5013 FB No 073- p._0g- 330 Wilson Boulevard South Job No. 05655 NOT VAUD UNLESS Naples, Florida 34117-9364 -- EMBOSSED WITH SEAL (239) 304-0055 Office O0I354 000220 • COA TALENGINEERING f'ArI: CONSULTANTS, INC. Development Consultants•Coastal Engineers•Marine Scientists Civil Engineers•Surveyors•Appraisal and Real Estate Consultants 3106 S.Horseshoe DL• Naples,Hodda 33941 •(613)643-2324 PAVILION CLUB, A CONDOMINIUM PHASE - 14 DESCRIPTION A parcel of land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Comrb#encing at the east quarter corner of said Section 33, run SOO 37'39"E along the east line of said Section 33 a distance of 17.65 feet to the extension o, the northerly right of way line of Vanderbilt Beach Road; thence N80 08'20"W 152.55 feet along said extension to the intersection of said northerly right of way tine with the westerly right of way line of U.S. 41; thence continue N80 O8'20"W along said northerly right of way line 1565.50 feet; thence N09 51'40"E 579.68 feet to the southerly line of those lands described in O.R. Book 1318, Page 673 of the Public gecords of Collier County, Florid$; thence along said southerly line S84 A4'58"E 562.44 feet; thence N89 A4'48"E 100.00 feet; thence S63 81'19"E 300.35 feet; thence N26 51'41"E 221.15 feet; thence N89°34 '49"E 19.76 feet to the point of beginning; thence NOO 25'11"W 10.00 feet; thence N39 56'30"E 27.00 feet; thence N50°03'30"W 74.50 feet; thence N59 A3'20"W 116.74 feet; thence N14°43'52"E 110.20 feet; thence S77 01'09"E 73.80 feet; thence N89°20'54"E 123.64 feet; thence SOO°39'06"E 40.09 feet; thence N77°14'04"E 244.43 feet; thence S48°50'13"E 41.39 feet; thence S89°34'49"E 30.17 feet to the westerly right of way line of U.S. 41; thence continue 5$0 39'07"E along said westerly right of way line 218.97 feet; thence N89 34'49"W.-386.24 feet to the point of beginning. ;., The above describes an atria of approximately`1tb3,2. 8 square feet or 2.371 acres of land. / / �-- Subject to easemenlis, £estrict!. _ •nd re ervatiens o / f records. t, I. COASTAL ENGINEERIN CQNSDL*ANTST XN p S. , #t { / t � James S. Richmond, P.oaS Florida Certificate No. A V January 14, 1988 Cl Pavilion Club, Phase - 14 -E,'�A_,,.---~� C.E.C. File No. 87.129 EXHIBIT A Page 20 - - ., r e ` •, • • rgyL . �yyyLyYyyy 5- Pavilion Lakes, Pavilion Club & PavilionTerraces Chain of Title 1986-12-26 Collier Developments to Slavik-Rosenhaus C4 Tract recorded 1986-12-26 Collier Developments to Slavik-Rosenhaus PUD Tract recorded 1987-05-26 Pavilion Lake PUD Ordinance 87-041,legal description includes C4 preserve area approved 1987-10-13 Slavik-Rosenhaus Partners to Pavilion Lakes Development C4,legal includes C4 preserve 1988-01-04 Slavik-Rosenhaus Partners to Pavilion Club Development PUD,legal includes C4 preserve 1988-01-14 Phase 14 Survey Legal Description,which includes entire preserve area 1988-06-01 Original Condo Docs for Pavilion Club are recorded 1988-12-09 Condo Doc Amendment 12 - Survey for Phase 14 recorded Substantial Completion.pdf 1991-05-08 Pavilion Lakes Development to Connell entire C4 Tract 1991-06-19 Pavilion Lakes Development to Connell entire C4 Tract 2000-03-10 Connell to Stephen J Lockwood &Co. LLC - C4 Tract Less PUD portion 2001-09-12 Connell to Stephen J. Lockwood &Co LLC - Entire Tract including PUD portion 2008-09-05 Pavilion Terraces C4 Zoning Image.pdf 2008-12-19 Condo Docs for Pavilion Club Restated.pdf 2012-02-17 Code Violation Exotics for Pavilion Terraces.pdf 2012-02-27 Ordinance 87-41 Pavilion Lake PUD.pdf 2012-03-05 Code Case Detail Pavilion Club.pdf 2012-03-05 Maintenance Plan.pdf 2012-03-13 Code Enforcement Letter Exotics.pdf 2012-03-14 Pavilion Club Complaint CEBR20120003874.pdf 2012-04-25 Pavilion Terraces Zoning Map C4.pdf ii..„..-*. ' • tt- . . l +> %N r .. "'. ,s. : r -s .; L.L;r "1.•'4}Z x;.11 x *. -, „„ . - . 44w. • '"' n, � -" y -Slt. N e• Y` }i � � j,-,,... 'Y :' pt .. 1 1 ,,,,,• r! , -41 „it ... , ,, , ..: �. If (. '1 1 •i ,', ' : ...,-,eli,;:, . : .,,,,,,t,,, : ,essixt... . ....:r. (,.: 1*- .!.',". : .,, 7 *-:,; ii.,,- e eor '$ ,, k lc f • ., s L.' 0 • 4 ilea ..-!.�°* :.3 N.. J tR le ,,,st.F 4r r " it t , y 4.44 ' #r +t ' $ :.... • k A. 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Case No.. 200201062 y, Dew.fits: SLi1 Tbenk �.!•! of 'f}Y_ :�`n ' f' �� _ . you for sale u fora %Ye p . ere rdlrl ..'.: that 1 I nir W us i Notice' `, The p toil oz%C" ub do i c1*t , ,: •• $erlvice toatltd or the a .dist we` end .r! x t ,.... . Tree nearly- Q - 1 `L y Md e will be retnoviid bi Tor ri ! _.fy .f,^ Y 't��1' .,g 't . " 4a.L.sitbtoti loath arscct dy'e.as. 1' _ t eYp 4 .„. Sineaely, `7t TY. y + � � K s ,� �� ' :• .: , •der'...�''';” •' . " �- '°�°.',��+`�' 9 d i ' , 3af ,,,1 . x d j r Doti& id ¢ ' y *h0�� b4 •Ti.«,S�a � S � I) # — P146 - 2 ai,40.,.;_. ,„...ra.- ....,..01.1.44 .. tia,ti, i vT?,..e 'f',{.4.e.',7',?%1 *4'.6.s.:4 ' - ■ ,, ��~ off ',. •"nwym.;;3.,'.$r', •z:.�,.." Code Case Detail Report CDPR4204 ,- Code Case Detail Report CASE NBR: 2002010628 AO NBR: 182164 • STATUS: CLOSE INSPECTOR: SULECKI_A LEVEL: NOV CASE TYPE: ENVIRONMENTAL ADDR NBR: 3202 LOCATION: 100 --- PAVILLION CLUB CONDO. - PRESE FOLIO: 0000000169320003 33 48 25 PAR 9 PAVILION CLUB CONDO OR 1354 PG 165 LOT: .000 BLOCK: 009 SUBDIV: (100)-acreage TAZ: 0 PLANNING COMM: ZIP: OPEN DATE: 01/18/2002 OPEN USERRODRIGUEZ D CLOSE DATE:01/15/2003 CLOSE RODRIGUEZ_D DIRECTIONS: DISPOSITION:ABATED CATEGORY: EXOTICS PRIORITY: 0 LAST VISIT: 758363 HEARING DATE: CONTACT?: DESCRIPTION: PHYSICAL FILE ID: PROHIBITED EXOTIC PLANTS IN THE PRESERVE CONTACT INFORMATION: TENANT INFORMATION: REFERENCE ONLY REFERENCE ONLY PHONE: FAX PHONE: FAX: OWNER INFORMATION: VIOLATOR INFORMATION: REFERENCE ONLY REFERENCE ONLY NOW PAVILION CLUB CONDO BEG 66195000001 NOW PAVILION CLUB CONDO BEG 66195000001 PHONE: FAX: PHONE: FAX: COMPLAINANT INFORMATION: NAME/ADDRESS: PHONE: FAX: ROBERT BREEDER VISITS: VISIT NBR INSPECTOR SCHEDULED DATE VISIT DATE REMARKS 719552 SULECKI_A 01/18/2002 01/18/2002 MADE SITE VISIT. OBSVD. BRAZILIAN PEPPER, MELALEUCA AND JAVA PLUM, ALL PROHIBITED • EXOTIC PLANTS GROWING IN CYPRESS PRESERVE. PARCEL IS HEAVILY INFESTED. PHOTOS TAKEN. LEFT PHONE MESSAGE FOR DORIS RAND, PRS. PAVILION PROPERTY OWNERS ASSN. ADVISING OF VIOLATION. DR 719553 SULECKI A 01/23/2002 01/23/2002 T/T MIKE VICKERS 566-8010) REGISTERED AND ADVISED OF VIOLATION & CORRECTIVE REQUIREMENTS. NOV TO R A MICHAEL VICKERS. R/C 2/25/02. MJW Collier County Printed on: 03/05/2012 2:58:50PM CD-Plus for Windows 95/NT Page 1 of 5 719839 SULECKI_A 02/25/2002 02/27/2002 RECEIVED EXOTICS MANAGEMENT PLAN. MADE SITE VISIT. EXOTICS & TRASH REMOVED. PHOTOS TAKEN. HERBICIDE USE ON ALL STUMPS NOT EVIDENT AS BLUE :DYE ONLY NOTED ON LARGER MELALEUCA STUMPS. LEFT PHONE MSSG. FOR KEVIN WEBB, THE TREE SERVICE, 649-9930, TO CONFIRM HERBICIDE USE. KEVIN WEBB ADVISED HERBICIDE NOT APPLIED TO B.P. THEY RAN OUT. STUMP TO BE RECUT & TREATED - HE WILL CALL ME WHEN THIS WILL BE DONE. CALLED MIKE VICKERS, PROP. MGR., & ADVISED OF ABOVE. DR 723948 SULECKI_A 03/13/2002 03/19/2002 SITE VISIT EXOTIC STUMPS NOT RE-CUT & TREATED. BRAZILIAN PEPPER & JAVA PLUM RESPROUTING. NOTED GOOD NATIVE REGROWTH INCLUDING BLECHNUM & ROYAL FERNSARE ( ON STATE LIST DESIGNATED CE ) ELDERBERRY, WAX MYRTLE, SMILAX VINE, WILLOW & SALT BUSH. T/T PROP. MGR. MIKE VICKERS WHO ADVISED THAT HE CHECKED ON HERBICIDE APPLICATOR'S LIC FOR COMPANY HIRED TO DO HERBICIDE TREATMENT & WAS ADVISED THEY ARE NOT LICENSED TO DO THIS WORK. HE IS IN PROCESS OF FINDING ANOTHER COMPANY TO CUT & TREAT STUMPS. ADVISED HIM OF CE STATUS OF ROYAL FERN AND NATIVE REGROWTH NOT TO BE HARMED DURING TREATMENT PROCESS. DR 726465 SULECKI_A 04/19/2002 04/19/2002 MADE SITE VISIT. BRAZILIAN PEPPER RESPROUTING THROUGHOUT & AIR POTATO GROWING ALONG S. SIDE OF PROPERTY. LEFT PHONE MSSG. FOR MIKE VICKERS, PROP. MGR. , REQUESTING STATUS OF RETREAT & ADVISING JOB NOT DONE. DR 730469 SULECKI_A 04/26/2002 04/26/2002 RECEIVED LETTER FROM PAVILLION BOARD REQUESTING TIME TO COMPLETE EXOTIC REMOVAL - IE. POISONING OF CUT STUMPS, AND REQUESTING ANY, FURTHER ORDUS OR CORREPONDENCE BE PUT IN WRITING & DIRECTED TO LEGAL COUNSEL ANTHONY LAWHON. LEFT PHONE MSSG. FOR MR. LAWHON STATING BOARD HAS ALREADY RECEIVED ORDER TO REMOVE EXOTICS, AND REMOVAL NOT COMPLETE UNTIL EXOTICS STUMPS ARE POISONED & THIS MUST BE DONE BEFORE RAINY SEASON. ADVISED HIM I WOULD BE OUT OF TOWN UNTIL 5/2 & WOULD CALL HIM UPON RETURN TO DISCUSS CASE RESOLUTION. DR Collier County Printed on: 03/05/2012 2:58:50PM CD-Plus for Windows 95/NT Page 2 of 5 730919 SULECKI_A 05/02/2002 05/02/2002 T/T TONY LB HAN, ATTY FOR ASSOCIATION, WHO STATED PROPERTY MAY NOT BELONG TO ASSOCIATION & THAT LEGAL OPINION ON TITLE WILL BE RENDERED IN APPROX 1 1/2 WK. AT THAT TIME, IF PROPERTY BELONGS TO ASSOC., POISONING WILL BE DONE. ADVISED HIM MUST BE DONE BEFORE RAINY SEASON. DR 731731 SULECKI_A 05/15/2002 05/22/2002 RECEIVED COPY OF HANDWRITTEN DOCUMENT OUTLINING SEQUENCE OF EVENTS FOR OWNERSHIP QUESTION REGARDING NORTH SIDE OF AREA WHERE EXOTICS REMOVED. THIS DOCUMENT DOES NOT SHOW THE PAVILION CLUB CONDO DOES NOT OWN FOLIO #00169320003, THE PARCEL REFERENCED IN NOV ISSUED 1/23/02, WITH COMPLIANCE DATE OF 2/25/02. RAINY SEASON APPROACHING QUICKLY & REMAINDER OF WORK - POISONING & ANY REMOVAL OF NEW REGROWTH MUST BE DONE. DR 734655 SULECKI_A 05/24/2002 05/24/2002 LEFT PHONE MSSG FOR ATTY TONY LE HAN @ 566-2013 TO REQUEST STATUS OF COMPLIANCE. DR 734659 SULECKI_A 05/28/2002 05/28/2002 LEFT PHONE MSSG FOR TONY LE HAHN, ATTY FOR ASSOC. RE INTENT TO SET CASE FOR CEB. T/T TONY LE HAHN, ATTY FOR BOARD ASSOC., AND ADVISED HIM THAT HERBICIDE TREATMENT MUST OCCUR PRIOR TO RAINY SEASON AND I WOULD CONTACT HIM ON 6/4, TO SEE WHAT PLANS HAVE BEEN MADE. IF COMPLIANCE NOT SCHEDULED TO TAKE PLACE AT THAT TIME, AND TO OCCUR BEFORE RAINY SEASON BEGINS, CASE TO BE SET FOR CEB. DR 735699 SULECKI_A 06/04/2002 06/05/2002 SITE VISIT & PHOTOS. BRAZILIAN PEPPER REGROWING & AIR POTAO GROWTH PRESENT. DID NTO OBSV EVIDENCE OF POISONING OF B P & A P, BUT NOTED DEAD VINES IN CENTER OF PARCEL, MOMORDICA SP. . NO CONTACT RECEIVED FROM TONY LE HAHN - ATTY FOR PAVILION CLUB RE POISONING TIME FRAME. REQUEST CEB WARN LETTER TO MICHAEL VICKERS. . . SEE LABEL TENT CEB DATE 7/25/02 R/K 10 DAYS DR 736164 SULECKI_A 06/17/2002 06/28/2002 SITE VISIT, PHOTOS. EXOTICS REGROWING. NO CONTACT FROM R.A. OR CEB WARN LETTER. REQUEST REVIEW W/SUPERVISOR FOR CEB PROSECUTION. SUPV MTC 87, APPROVES OF CEB ACTION. DR Collier County Printed on: 03/05/2012 2:58:50PM CD-Plus for Windows 95/NT Page 3 of 5 739342 SULECKI_A 07/02/2002 07/01/2002 WENT TO CT HOUSE TO OBTAIN DEED - FOUND PRESERVE AREA TO BE UNDIVIDED COMMON ELEMENT, WINO • SEPARATE PARCEL-NO DEED AVAILABLE. DECLARATION OF, CONDOMINIUM OR 1354 PG 165` ( PG 10 ) & SUBSEQUENT AMENDMENTS IDENTIFIES ASSOCIATION PAVILION CLUB CONDOMINIUM ASSOC. AS RESPONSIBLE FOR MAINT. DR 739565 SULECKI_A 07/02/2002 07/02/2002 REVIEWED NOV FOR CEB PROSECUTION & CONCLUDED THAT NOV, AS WRITTEN, IS NOT SUFFICIENT FOR PROSECUTION. DISCUSSED W/SUPERVISOR WHO ADVISED SEND NEW NOV. LEFT MSSG FOR PAVILION CLUB ATTY, TONY LE HANH TO ADVISE. DR 739566 SULECKI_A 07/08/2002 07/08/2002 LEFT PHONE MSSG FOR TONY LAWHON, ATTY FOR PAVILLION CLUB 566-2013, STATING NEW NOV TO BE SENT TO BETTER SPECIFY DESIRED COMPLIANCE ACTIONS. FAXED COPY OF NOV & SUPPORTING DOCUMENTS TO HIM @ 566-9561. AMENDED NOV TO REGISTERED AGENT MICHAEL VICKERS, R.A. SEE LABEL DR 740357 SULECKI_A 07/12/2002 07/12/2002 TALKED TO MIKE VICKERS ON 7/9/02 & EXPLAINED NOV HE WAS TO RECEIVE, ALSO EXPLAINING THAT • FULL EXOTIC REMOVAL & HERBICIDE TREATMENT MUST OCCUR BEFORE 1/15/03. HE STATED THAT CONDO ASSN. WOULD CONTINUE TO MONITOR EXOTICS & MAY CUT & REMOVE DEBRIS BETWEEN NOW & THEN BUT WOULD NOT APPLY HERBICIDE UNTIL DRY SEASON. DR 741027 SULECKI_A 12/16/2002 12/17/2002 PHONE CALL TO MIKE VICKERS REMINDING HIM OF 1/15/03 - COMPLIANCE DATE. HE STATED THEY ARE ALREADY WORKING ON EXOTIC REMOVAL & HERBICIDE TREATMENT & HAVE CONTRACTED " THE LAKE DOCTOR " TO DO THIS. I ADVISED HIM NO EXTENSIONS WOULD BE GRANTED. RC 1/15 DR 758363 SULECKI_A 01/15/2003 01/15/2003 SITE INSPECTION. EXOTICS KILLED IN PLACE. ( 4 ) CLUMPS BRAZILIAN PEPPER REMAIN ( LESS THAN 10W OF SITE ) AND MIKE VICKERS, PROP. MGR., ADVISED CONTRACTOR IS MAKING MONTHLY RECHECKS & WILL TREAT. ADVISED REMOVAL OF AIR POTATO SEEDS. MAINT. PLAN IN FILE. MET W/BOARD MEMBERS DORIS RAND & MR. GATKES ALSO. ADVISED OF ABOVE & THAT SITE IN SUBSTANTIAL COMPLIANCE & CASE CLOSED. LAKE DOCTOR IS THE CONTRACTOR. AS 44/HAS FILE. DR LETTERS: REF TYPE LETTER NAME RQST DATE PRINT DATE SEND DATE STATUS RECV DATE -CC 1ST PAGE NOV/ST: 01/24/2002 ACTV 2/4/2002 CC NOH PRE-HEARING 06/06/2002 06/06/2002 06/06/2002 SENT 6/12/2002 CC 1ST PAGE NOV/ST: 07/11/2002 ACTV 8/1/2002 Collier County Printed on: 03/05/2012 2:58:50PM CD-Plus for Windows 95/NT Page 4 of 5 VIOLATIONS: STATUS GROUP CODE VIOL. DATE DESCRIPTION/REMARKS COMPLIED 1475 1/18/2002 EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED PROPERTY IMAGES: IMAGE DATE IMAGE DESCRIPTION 1/18/2002 Brazilian pepper and melaleuca in Cypress preserve - Pavilion Club Condo 2/27/2002 Exotics removed - Pavilion Club PUD 2/27/2002 Herbicide treatment on Melaleuca - did not observe same on BP stumps 4/19/2002 Air potato growing on south side of preserve - along property line 6/5/2002 Air potato on preserve 6/5/2002 BP re-growing in preserve 6/5/2002 Preserve area 6/5/2002 BP re-growing 6/5/2002 Preserve COMENTS: ORIG DATETIME STATUS ORIG USER COMMENT: NOTES: Collier County Printed on: 03/05/2012 2:58:50PM CD-Plus for Windows 95/NT Page 5 of 5 I —100 SETBACK FOR THREE EMERGENCY d'SIDEWALK/ 1 STORY CONSTRUCTION SERVICE BIKEPATH - 91 ST AVENUE — ENTRANCE J v ■ AND PARKING I �— 1169,)q -- 60• 1h— RESIDENTIAL I MULTI—FAMILY 1/ ••� �' —••10 UI, o ITq/ACRE ° Vt 1 i�:,;'" LAKE ssiDEWALK/ r9 11 / I BIKE PATH R �••�- I I�• 10'WETLAND BUFFER N ----- CYPRESS iPy°p _ I n 562.44 _ • j 406.00 POSSIBLE PERIMETER \ CZ) ROAD OR RECREATION AREA 'goo \•V //,' No "� 35 •ry �.l ~ ca r P.U.D. MASTER PLAN co. IM 7.;OKA L:E RD. m NAPLig - ACREAGE . 15.67 NorTN C: PARK p o HOUSING UNITS 156 a 91ST n i., 0 50 100 200 V4t°ERBILT 'EACHR PARKING REQUIRED 312 SCALE I"=200' 0 JULY 1986 LOCATION MAP ---- PERIMETER ROAD 6 PARKING ENVELOPE 41/VANOERBILT JOINT VENTURE —"—• BUILDING ENVELOPE 10 UNITS/ACRE PAVILION LAKE RECREATION AREA 1. CQ.3T L CRC((Pm c SULTSP7S, C. REVISED 3-18-87 �~, p.Ys� 86,023 E. Setback from internal tract boundaries = none. F. Perimeter privacy wall setback = none from property line. • G. Encroachment into setbacks and yards will be permitted with the Zoning Director's approval when such encroachments are the result of relocating structures to preserve trees as dictated by the NRMD. 3.4. 2 Minimum Floor Area: A. All units will comply with minimum floor areas as set forth in Section 7.27 f 6) of the Zoning Ordinance. Maximum floor area is unlimited. 3. 4.3 Maximum Height: Three floors of living area or two floors of living area with one (1) floor of parking beneath the living area except that struc- tures within 100' of 91st R.O.W. will be limited to two floors or one floor over parking. 3.4.4 Buffers: A. Along 91st Avenue North right-of-way 5' buffer with landscaped fence or a masonry wall not higher than 6' above the crown of 91st Avenue North. B. Along south property line a 5' land- scaped buffer with vegetation meeting the requirements of Section 8.37 of the Zoning Ordinance, or a solid wall not to exceed 6' in height. C. Along wetland preservation area a 10' buffer within which a pedestrian walk- way/bikepath may be constructed. 3.5 OFF STREET PARKING There will be space set aside for two parking spaces per dwelling unit, one and one-half of which will be paved during initial construction. 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'4.. , -,citoix a % -7i -: ., ; - .. 1.• ---,7. i . -,s•rik• t'lltil / . /-f-.. , 4 ,1 d COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20120001904 Board of County Commissioners, Collier County, Florida Vs. Stephen J. Lockwood & Co. LLC. Violation of Ordinance/Section(s) Collier County Ordinance 87-41 David Jones, Code Enforcement Official Department Case No. CEVR20120001904 DESCRIPTION OF VIOLATION: Presence of Collier County prohibited exotic vegetation including, but not limited to Brazilian Pepper. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must remove all Collier County prohibited exotic vegetation by hand removal methods and obtain any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within days of this hearing or pay a fine of $ dollars a day until abated. 2. The prohibited exotic vegetation base/stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within days or a fine of $ per day will be imposed. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confiim 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Stephen J. Lockwood & Co. LLC Inv.David Jones Department Case No CEVR20120001904 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 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 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: 04/26/2012 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: 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 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: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audience 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 BOARD OF COUNTY COMMISSIONERS, Petitioner vs Edgar Perez Respondent(s) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD DEPT CASE NO. CESD20090010573 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 10.01.06(B)(1)(a) and Florida Building Code 2007 Edition, Section 105.1 2. Description of Violation: No Collier County Building Permits were obtained for electrical and plumbing modifications to the main structure and fence; invalid building permit for horse barn without issuance of a Certificate of Completion. 3. Location/address where violation exists: 3445 56TH Ave NE Naples, FL 34120 Folio: 38664320004 4. Name and address of owner /person in charge of violation location: Edgar Perez, 3445 56TH Ave NE Naples, FL 34102 5. Date violation first observed: June 10, 2009 6. Date owner /person in charge given Notice of Violation: September 26, 2011 7. Date on/by which violation to be corrected: October 10, 2011 8. Date of re- inspection: March 21, 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 8 -19 -11 Dated this 21" day of March, 2012 STATE OF FLORIDA COUNTY OF COLLIER W. Eric Short Code Enforcement Investigator Sworn to �.or affirmed) and subscribed before this /day of l fieC4j 2012 by NOTARY PLBLIC -STATE OF FLORIDA Krnberly Brandes .Commission #DD926130 ` E\ Pu °s; SiP, 17, 2013 BONDED THR; .ATL.k.= BONDING CO., INC. (Signature of Nary Pu lic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced Case Number: CESD20090010573 Date: September 26, 2011 Investigator: Tony Asaro Phone: 2392522488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PEREZ, EDGAR 3445 56TH AVE NE NAPLES, FL 34120 -0000 Location: 3445 56th Ave NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 39 E 165 FT OF TR 49 Folio: 38664320004 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) and Florida Building Code 2007 Adition, 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 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. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Collier County Building Permits were obtained for electrical and plumbing modifications to the main structure and fence; invalid building permit for horse barn without issuance of a Certificate of Completion. ORDER TO CORRECT VIOLATION(S1: 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. ON OR BEFORE: 10/10/2011 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: INQUIRIES AND COMMENTS SHOULD BE Investigator Sign ture Tony Asaro 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: CESD20090010573 Respondent(s): PEREZ, EDGAR 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 Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3455 56th Ave NE , on September 26, 2011 and at the X Collier County Courthouse — Immokalee'(&Purthouse. (Signature of Code Enforcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscjjibed before me this 2_6_ day of 11. , 2011 by Tony Asaro (Name of perso making statem7yot) NotaryiPubli SN}RLEY GARCXA - WITARY FIJOW, ' STATE OF FLOMM (Print, type or stamp Commissioned Name Notary Public) ,4Personally known Produced identification Type of identification produced AFFIDAVIT C)FMAILING Code Case Number: Csoo20090010573 PEREZ, EDGAR THE DESCRIPTION OF THE DOOUMENT(S)SERVED: [Check the applicable dncument(s)] XNotice of Violation —Notice ofHearing —Notice ofHnahngUm position ofFines —Citation —Notice toAppear —Code Enforcement Board Evidence Packet __Other | Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that o true and correct copy of the notice referenced above, has been sent First Class U.S. Mail hz the above respondent su 3445 56TH AVE NE NAPLES, FL 34120-0000, on SEPTEMBER 2_,7 �201 1 at _1t05AM — ru � _ rn (Signature of Cod KimbedyBrandas .- M � Co Po* Co r 1 21 Sworn to (or affirmed) and subscribed before me cc this _2IZH_ day of SEPTEMBER, 2011 by Kimberly Brandes r- CASE#CESO2OO9OO1O573NOVTA-54 (Name of person making statemer pEREZ EDGAR 3445 56TH AVE NE o � o NAPLES, �L �4l2 0-0000 WO ZMA SjMo+ Xpersonally known —Produced identification Type ofidentificatkmproduced '+ ED STATE OF FLORIDA COUNTY OFCOLLIER 1 21 Sworn to (or affirmed) and subscribed before me cc this _2IZH_ day of SEPTEMBER, 2011 by Kimberly Brandes r- CASE#CESO2OO9OO1O573NOVTA-54 (Name of person making statemer pEREZ EDGAR 3445 56TH AVE NE o � o NAPLES, �L �4l2 0-0000 WO ZMA SjMo+ Xpersonally known —Produced identification Type ofidentificatkmproduced Collier County Land Development Code Section 10.02.06(B)(1)(a) 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. Florida Building Code 2007 Edition, Section 105.1.1. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations /relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. * ** 4088052 OR, 4296 PG; 0445 * ** 11CO1D1D iD OPPICIIL UCO1DS of COLLIII C00171, !L 10/2912007 at 12:46PK DWIGHT 1, 81DC1, CL111 COLS 10.00 UC P11 10.00 DOC•,70 ,70 Prepared by and return to: Reta: Danny Per¢ Di111i P11111 12a W. sweet 1284 V 7711 S1 Hialeah, Florida Flo 31014 (786) 286 -3713 HILM FL 33014 3427 - _ [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 251° day of September, 2007 between DANNY PEREZ and MAYTE PAZOS, husband and wife, whose post office address is 1284 W. 77th Street, Hialeah, Florida 33014, grantors, and EDGAR PEREZ,, a single man, whose post office address is 3445 56" Avenue, NE, Naples, Florida 34120, grantee: (Wherreverused herein the terra "grantor' and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantors, for and in consideration of the sum TEN AND NO / 100 DOLLARS ($10.00) and other good and valuable consideration to said grantors in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County to -wit: The East 165 feet of Tract No. 49 GOLDEN GATE ESTATES, Unit 39, according to the Plat thereof, recorded in Plat Book 7, Page 24, of the Public Records of Collier County, Florida. Parcel Identification Number: 38664320004 To Have and to Hold, the same together with all and-. • Var-the'.Vpurtenances appertaining, and all the estate, right, title, intcre%t,-lipn;,$s]ur ands tr t4 hatsoever the use, benefit and profit of the said grantee f6iC6, % In Witness Whereof, the ORS haves - hereunto set grantors' hands�n sir Sii�ned, seal d deliver ou roseneb Witness Name: itness Name .. �.1` Sign ,scaled and ivered our fitness Name: l thereto belonging or in anywise of grantors, either in law or equity, for the day and year first above written. 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' - - ---4-' -:II ' rl h - 4%'0 - ' --'-iik, " ( 'yY -1-IN /� a �r . ♦ 3 .• '',Ir L —, , it.,, t Itt ',t f -- ...,,,.., F r�� y "-'rte �y�, •"` 'qx PM a` _ -. 7 4,,..tr, { °�! psi �`,- d .1.44:7„. , 4, t Allillir •y am ` ,, .. �.t`1i t .. E€ F, r s , Viz. ` ,`'' ''ri4'' ,:,;7,,..-� r ,j ( Ilk-\, ,,, - ° i, r � •+Y� 41,7 1 p 3 ,\ _If-- �r�` e.. !.�i t ! 4kb 4 -0 a �, �,07 r. 0-.,..I1to ,.i ,,. r y �yA.' �� a ti iv'e ,"'' ,,_, .;. ,...,-,, ,, ..„. ..,7,. .„.-:,-1,. .:.:...,,.‘.,..,-- , .;,..0. ,;,.....,• .:,.:,t, ,,. ,;;;,,..,„ a y - s ... l 06/162009 1:52 ''+ CES1DaOC)/d016513 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010573 Board of County Commissioners, Collier County, Florida Vs. Edgar Perez Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code 2007 Edition, Section 105.1 Eric Short, Code Enforcement Official Department Case No. CESD20090010573 DESCRIPTION OF VIOLATION: No Collier County Building Permits were obtained for electrical and plumbing modifications to the main structure and fence; invalid building permit for horse barn without issuance of a Certificate of Completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Edgar Perez Inv.Eric Short Department Case No CESD20090010573 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007349 COLLIER COUNTY, FLORIDA, Plaintiff, vs JUDY S & SILAS PACHECO, 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: 04/26/2012 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: 1330 Golden Gate BLVD E Naples, FL SERVED: JUDY S & SILAS PACHECO, 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 oonducida an el idioma Ingles. Servicios the traduccion no reran 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. Avdtisman — Tout odisyon yo fAt an angls. Nou pan gin moun you fs tradiksyon. Si ou pa pals angls tanpri vini aysk yon intsprst you pals you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110007349 Judy S and Silas Pacheco 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) and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Chickee but and swimming pool constructed without Collier County Building Permtis. 3. Location/address where violation exists: 1330 Golden Gate BLVD E, Naples Fl. 34120 Folio# 39206920007 4. Name and address of owner /person in charge of violation location: Judy S and Silas Pacheco 1330 Golden Gate BLVD E, Naples, FL 34120 5. Date violation first observed: June 1", 2011 6. Date owner /person in charge given Notice of Violation: September 12,', 2011 7. Date on/by which violation to be corrected: October 8`}', 2011 8. Date of re- inspection: April 6, 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 1 i ` day of Air% f 2012 I <` ` j7_411- J (� � Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed) and subscribed before this /(Signature T51tary Public) Personally known or produced identification Type of identification produced REV 8 -19 -11 f� day of ,2012 by (Print/Type /Stamp Commissioned Name of Notary Public) 1i0TARY i tBt,tc 3T',�Tr. 1'randess A r�l�es, r ComtiYiss nn # DD926130 ExPues; S1:P.17, 2013 .+• >•�•� �'1ICBONDL�GC4,,TKC• Case Number: CESD20110007349 Date: September 12, 2011 Investigator: Patrick Baldwin Phone: 239 - 252 -5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PACHECO JUDY S & SILAS 1330 GOLDEN GATE BLVD E NAPLES, FL 34120 -3663 Location: 1330 Golden Gate BLVD E Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 48 E 150FT OF TR 94 Folio: 39206920007 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) 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(13)(1)(e)(i) 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 Ievelopment regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for ihich 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 i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Chickee but and swimming pool constructed without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 10/08/2011 Failure to correct violations may result in: ') Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of .-osecution. 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 Signature Patrick Baldwin 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: CESD20110007349 Respondent(s): ACHECO JUDY S & SILAS THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [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 Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1330 Golden Gate BLVD E Naples FL , on 9 -12 -2011 (Date), at 2:00pm (Time), and at the —X–Collier County Courthouse _ Immokalee Courthouse. 'Signature of Code Enforcement Official) atrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _12th day of September 2012 by Patrick Baldwin (Name of person making statement) (Signature of Notary Public) (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING ` \` J Respondent(s): Code Case Number: CESD20110007349 Case# CESD20110007349 PB -23 NOV PACHECO JUDY S & SILAS 1330 GOLDEN GATE BLVD E NAPLES, FL 34120 -3663 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 Kimberly Brandes, 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 above location, on _- September 12, 2011, at 10:33 am, 7— c i (Signature of Code Enforc ment Official) Kimberly Brandies STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12th day of September, , 2( XPersonally known Produced identification Type of identification produced J (Print, type or stamp Commissioned Name of Notary Public) _ 'fl N c O W � c g. 0 A ' 0 C a 3 m MII -,., 0 0 ru 03 0 M O A W .j � I-j r ru 9 z T0 CO n cn O morn cn C) 0 : r r�C)p -4, C) O (A p wrntoo° rn m Cl) CA) < >D co M -o 00 N w Z 1300 p 0 b3 m a ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF.COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLDER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES 7-iE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91 -102, AS AMENDED; PROVIDING FOR SECTION ONE RECTALS; SECTION TWO FINDINGS OF FACT; SECTION THREE , RECODIFJCATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC, 1. -01.D0 71lLE, SEC. 1,02-DO AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC, 1,D4.D0 APPL)CABfLTY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT SEC, 1.06.00 RULES OF INTERPRETATION, SEC, 1.07-,DO LAWEADOPTED BY REFERENCE, SEC. 1.08,00 DEFINfTIONS; CHAPTER'2 - ZONING bISTRJCTS AND USES, INCLUDING SEC, 2.01,00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRJCTS, SEC. 2.0100 ZONING DISTRJCTS, SEC, 2.04.00 PERMISSIBLE, CONDITIONAL, MD ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.0:.00 DENSITY STANDARDS, SEC. 2.D6.DO AFFORDABLE HOUSING DENSITY BONUS, SE=C, 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.D0 FLOODPLAIN PROTEC- TION, SEC, 3.03.DO COASTAL. ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION ECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIE SEC, 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC, 3.D6,00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.D0 GENE. "Y SEC. 4.02.00 SITE DESJGN STANDARDS, SEC. 4.03.DD SUBDIVISION DESIGNAND LAYOUT, SEC. 4.04.D0 TRANSPORTATION SYSTEM STANDARDS,. SEC, 4.05.DO DFF -S T REFT PARKING AND LOADING, SEC. 4-OS-DO LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC, 4.07.00 DESIGN .STANDARDS FOR _FLA,NNED UNIT' . DEVELOPMENTS, SEC. 4.DS.flO RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC, 5.01.00 .GENERALLY, SEC, 5.D2.00 HOME OCCUPATIONS, SE C, 5.b.D0 ACCESSORY USES AND STRUCTURES, SEC. S.D4.00 TEMPORARY USESAND STRUCTURES, SEC, 5.05.DO SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC, 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. S.D5.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC, 6-01 -DO GENERALLY, SEC. 6,02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.DO WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04,DO POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC, 6.05,OO.WATER MrANAGEMEN T SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01 -DO GENERALLY, SEC.-8,0200 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC, 8.04.D0 BOARD -OF ZONING APPEALS, SEC, B.OS.DO BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06..00 ENVIRONMENTAL ADVIaQRY COUNCIL, SEC. 8.07.00 HJSTORJC /ARCHAEOLOGICAL PRESERVATION BOARD, SEC, 8.08.D0 CODE ENFORCEMENT BOARD; SEC, 8,09.DD COMMU- NITY DEVELOPMENTAND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS. FROM CODE REQUIREMENTS, INCLUDING SEC, 9 -D1.D0 GENERALLY, -SEC, 9.02.D0 DEVEL- OPMENTWITH VESTED RIGHTS, SEC, 9.03,00 NONCONFORMMr: -S, SEC, 8.04.00 VARIANCES; CHAPTER 10 - APPLJCATION, REVD, AND DECISION- MiAIQNG PROCEDURES, INCLUDING SEC, 10:01.D0 GENERALLY, SEC, 10.02-DO APPUCATJON REQUIREMENTS, . SEC, 10,03.00 B. Building or Land Alteration Permits, Building or land alteration - permit and certificate of occupancy compliance process. a. Zoning action on building oriand 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 regulatons. 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 certificates) of occupancy as required by the Coliier 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 erecfion, 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. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of.fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Prepared by Aubrey Preston, an employee of Island Trtie Guaranty Agency 6300 Trail Boulevard Naples, Florida 34108 (239)597 -1577 Return to: Grantee File No.: 2125- 1099047 WARRANTY DEED This indenture made on February 23, 2006 A.D., by Juan M. Castro and Cheylan Castro, husband and wife 3792688 OR; 3989 PG; 2504 RBCORDBD in OFFICIAL RBCORDS of COLLI11 COOKY, FL 02/28/2006 at 11:41AK DVIGBY B. BROCI, CLBRI COIFS 450000.00 HC M 18.50 DOC -.10 3150.00 Retn: ISLAND YIYLR GUARANTY AGRRCY I FICI UP whose address is: 1330 Golden Gate Boulevard E, Naples, FL 34120 hereinafter called the "grantor ", to Judy S. Pacheco and Silas whose address is: 10259 Sleet hereinafter called the "grantee" (Which terms "Grantor" and "Grantee" shy representatives, successors and assigns 61 Witnesseth, that the grantor f7 �l valuable considerations, receip �vh�, remises, releases, conveys and e Florida, to -wit: The East 150 feet of Tract 94 1 thereof as recorded in Plat Book County, Florida. nd husbar' ' -.Roca Raton, FL 3 unto the Parcel Identification Number: 39206920007 the GATE ESTA 78 an either sex, and shall include heirs, legal oftF,6nJDollars, ($10.00) and other e�ey'jrants, bargains, sells, aliens, rta land situate in Collier County, FPiiT NO. 48, according to the Plat I Public Records of Collier Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and /or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. Page 1 of 2 2125- 1099047 * ** OR. 3989 PG; 2505 * ** And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said Land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2005. In Witness Whereof, the grantor has hereunto set their hand(s) a sea s) th day and year first above written. J an M. Castro . e an Castro Signed, sealed and delivered in our presence: -� `JOfitnes:s Si nature 9 Yyit signature Print Name �.- • Pte: P `Jo State of FL County of Collier The Foregoing Instrument I a AgknoWlodgec e �imi�o `F�ruary 23, 2006, by Juan M. Castro and Cheylan Castro, 4 rA+ ' 's /ar rso° Mty known to me or who has /have produced a valid driver's license 0entification. A '0' 0 ARY PUBLk -rF ¢+�' AUBREY L PRESTON COWMION f DD 448189 Notary Print Name '" EXPIRES: Jtdy 7, 2M9 ref �y. ••' Badd ihu No4ry Hbic My Commission Expire u derwrien Page 2 of 2 2125- 1099047 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110007349 Judy S and Silas Pacheco Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, S c a , on behalf of himself and as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110007349 dated the 12th 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 L-I - Zro - a t r. ; 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 $ 143 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 withinlww days of this Hearing or a fine of $'1 so,' per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance: (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. w /� Respondent or Representative (sign) -1vr Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date - � � � 1 5 REV 8/17/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110007349 Board of County Commissioners, Collier County, Florida Vs. Judy S and Silas Pacheco Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20110007349 DESCRIPTION OF VIOLATION: Chickee hut and swimming pool constructed without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Judy S & Silas Pacheco Inv. Patrick Baldwin Department Case No CESD20110007349 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007042 COLLIER COUNTY, FLORIDA, Plaintiff, ��*] 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2280 Pineland AVE Unit:1 Naples, FL SERVED: KIRK N SANDERS, Respondent Azure Botts, 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 traductor, par@ un major entendimiento con las comunicaclones de este events. For 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 W-1 Kirk N. Sanders, Respondent(s) DEPT CASE NO. CESD20100007042 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, Fl 34106. 5. Date violation first observed: June 8t1', 2010. 6. Date owner /person in charge given Notice of Violation: September 1st, 2010. 7. Date on/by which violation to be corrected: September 29th, 2010. 8. Date of re- inspection: May 17th, 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 lounty Code have failed as aforesaid; and that the J for a public hearing. Botts Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER WSigna ff ed) and subscribed before this 17th day of May 2011 by Azure Botts f otary Public) (Print/Type /Stamp Commissioned NOTARY PUBLIC -STATE OF FLORIDA Name of Notary Public) Colleen Davidson Comn_ission #DD998206 REV 1 -5 -11 �;,`�?., Expires: j Ui IE 07, 2014 BONDED TIMU ATLAri r1C BONDING CO., INC. Personally known J or produced identification Type of identification produced REV 1 -5 -11 Case Number: CESD20100007042 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 : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: 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 structure /improvements: 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 remai0s, and costs of prosecution. S_TD BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 s igator Signature ��__, Phone: 239 252 -2440 FAX 239 252 -3900 In Azure Sorrels Signature and Title of Recipient Printed Name of Recipient Date jh 's Z. ❑❑ 13 13 • 40: C-. D h: a ow d x m c ❑ U ❑❑❑ o Ci v m =_ Tm m a > a 8 ? E N Cd p EL _ N WC r4 J r4 U. O m m _ W Z y U�CaZ `O rd ri r- rya N Ln ra 0 r� O O 0 a 0 C`- ..ii CO ri O r� a cc E m s 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://ecodes. citation. com/ cgi- exe/ cpage. dll? pg= cutnbdrx &rp= d: %5Cwebcontent %5 Conli... 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS 10.02.06 - Submittal Requirements for Permits Page 1 of 2 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 .comlHTML /139921level2/CH 1 OAPREDEKIPR_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. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http:// library. municode .comlHTML /139921level2/CH 1 OAPREDEKIPR_10.02.00APRE.html 5/17/2011 2.02.00 - ESTABLISHMENT OF ZONING DISTRICTS Page 1 of 1 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 : // library. municode. com /HTML/ 13992/ level2 /CH2ZODIUS_2.02.00ESZODI.html 5/17/2011 Bp, 3607 T'AMIAMI TRAIL. NORTH NAPLES, Ft. 3410i incidental to the issuance of a title insufauce pok% File C 5.98-465 -MS Parcel II) k: 56150200DOS and 56150520(1)2 (.,rantee(sl SS u- * ** 2381544 OR: 2469 PG: 1190 RICORDID in MINA. RECORDS of COLLAR C01117T, IL 10/09/11 at 0: 53P11 DUIGET I. BROCI, CLIII COBS ;:0900.00 R1C lBF E.DO 4a?Ln: LIICVTIVL TITLE IRi,:FAXJ ?[CI tf WARRANTY UEEU (INDIVIDUAL.) [his W'ARRAN'TY 1)1:1.1), elated October8, 1998 by Marjork S. Wainwright, Surviving Spouse of E. "Thomas Wainwright, sr. , Deceased whose post office address is 4241 Chantelie Drive, Apt. 0101, Naples, Ft. 34112 herinafter called the URAN I UR, 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 ••Granter" include all panic, to this Instrument and the heir,, legal repre >entanr c_s Jhd assigns of individuals, turd the successors and assigns of corporation, ) WITNESSETH: That the GRANTOR, for and in Consideration of the suit of 510.00 and other valuable con;tderauuns, receipt whereof is hereby, acknowledged, hereby grvns, barguins, sells, aliens, renuses. releases, conveys and confirms unto the ORAN WE:. all that certain land situate in COLLIER County, Floridaa Rti�) LOTS 9, 26, 27, 28 AND 'fHF. NORTH 28 FEE j�I CYi t�l BLOC'K .v OS SUBDIVISION, :►ti KE:('OKUF:D IN PLAT BOOK 1, PACE 46, OF THE PUBLICS OF COLLIER C'O hyrV LORIDA. % 71 SUBJECT TO covenants, conditions. restncti ns, ',ser % Emu aTiTrtta 1r`{� cement and agreements ut rt'curd. a Jlta. (a\es and assessments for the year 97 and subseyuy'nt yv;trs, an to -t pp catt actin ur mart es and ur re,u lcuun, and prohihiuu::, imposed by governmental authorities, it an), TOGETHER with all the tenrmcnts, herrdttwi+y t I\gp tet� iJic t e+, hclu ,gt o +yw+ar .,plarn:un+ng. 1 TO HAVE AND TO HOLD. the scone in fee sl ar'ytorrvrr AND THE GRANTOR hereby covenaw, with sa N I'E F that except a, .tb ii' """ (; fire C;R:1N 1 C)N is lass fulls aet[ed of wid land in fee simple; that the GRAN FOR has good n t ' 'I vl'ul authority to unvey said laud; that the (IRAN [OR hereby fully warrants the title Its said land and will delrnd the s le fi9s� �.. Cc, of all persons uhonasorver IN WITNESS WHEREOF, GRANTOR has signed and sealed these present, the date set forth above SIGNED IN'THE: PRESEiNCL Ulr TI EE I'(441� (; WITNESSES. i Signature: .z "Z- Witness: Pr Z___ Marjorie S. Wainwright iiu •fir':.. I. Signature -- ....... Witness: Pr' t State of Florida County of Collier I HEREBY CERTIFY that on this da), before file, at officer doh authorized in the State aforesaid and in the 4. 'ouut\ aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E. Thumas Wainwright, Sr., Deceased , t me town ro be the person (s) described in and ttho executed the foregoing instrument or who hits produced its identification and who did not take an n:uh..i.l.notticdged heforc mr that he .tic. the) xeaar,l th; <,une W1l'NEiSS ms hand and official Will in On• (. uunh and State last ahxesaid this day w atrr• \K1' nuturrt� 11 Al / \(Il.%KY h't1H1.1C, (Print Name) i 1 i" ,j ,d 1 rPrepared Hy. 3607 TAMIAMI'rRAl1. \t1RT'R NAPLES, Ft. 34103 Incident, a, the issuance of a title insurance pnhc% Pile a: 5.9&465 -MS Parcel 11) k: 56150200005 and Sh1M520W2 (,rantee(s) SS N YVARRAN,rN, two, :t) (INDIVIDUAL) * ** 2381544 OR; 2469.PG, 1190 RIC0101E to 01FICIAL RECORDS of COLLEII COUTT, IL 10/08%98 at C {3PW DWIGHT 1. ROM C1,111 CX LQD00.00 36C *IE lets: HICETIYI TIT!I LhiJFRX,! ?ICI VF I his W'ARRANI Y I)Li.1). dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of E. Thomas Wainwright. Sr. , Deceased whose post office address is 4241 Chautelle Drive, Apt. 13101, Naples, FL. 34112 herinafter called the URAN 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 "Grantee" Include all panic, to this instrument and file heirs. legal repre,entan%eN and assigns of individuals, and the successors and assigns of corporation,, ) WITNESSE'rH: That file GRANTOR, for and in consideration of the stns of $10.00 and other valuable considerations, rrcelpt whereof is hereby acknowledged, hereby grants, barguins, sells, aliens, remises, releases, conveys and confirms unt -.t the BRAN all that certain land situate in COLLIER County, Florida, 11, _ y / 4 � 'R CC) LOTS 9, 26, 27, 28 AND THE NORTH 28 FEE r 'LCT -H, BLOCF. Cyv PLAT BOOK 1, PAGE 46, OF THE PUBLIC S OF COLLIE R CO Fla SUBJECT TO covenants, conditions. restnct�ns, fR erlista s, IonfMTitYnt. Jeascmc assessments for the year 97 and sobseyuy(lt yuf'tr�oCi o1.1Lt pp cahl, imposed by governmental authorities, it an) • l % 706ETEIER with all the tenenients, herrduw I�tTF` Ytrijet�tt3tc t er t11 helot R TO HAVE AND TO HOLD, the same in tee sm \r YtIr AND THE GRANTOR hereby covenant, with sa NN I'E F that e. CC[ a � 0 land in fee simple: that the GRAN IOR has good r�h I LI audu,rin u, I fully warrants the title to said land and will defend theiala e ids'" ii C in NOS SUBDIVISION, AS RECORDED IN LORIDA, and�-greennents of record, it any, tales and c�tnan"s and or re,otctiou; and prthibnwas a, t tysslseappert :unuie �ti' / GRAN I OR is latt tulle srtzed of said _/Dove, yr said land; that the GRAN IOR hereby all persons tyhontsocver IN WITNESS WHEREOF, GRANTOR has signed and scaled these present, tilt date set forth above SIGNED IN THE PRESENCE? OF THE FOE.L(W^(i WITNESSI.S i 'e Signature: T Witness: Print N Marjorie S. Wainwright Signature, Witness: Pr' t i`vfr . State of Florida County of Collier HEREBY CERTIFY that on this da), before me, an officer doh authorized in the State aturrsaid and in file t'ouun aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E. Thumas Wainwright, Sr., Deceased , t err ' awn to be the person (s) described in and who executed the foregoing instrument or who hits prOdUced i.. as identification and who did not take an path. a,knuuiedged hrfore Wc• Illat he Ale thr� r,rcu;r.l tilt ,ame N'I INF {SS ms hand and official seal in the ('ounh and State last alur"Jid till Jns ,rt _ .Arf RRY nature) C '� S! Al r - vil.1PY 11UHL.IC, (Print Marne) t i 1 I' I i v• ' COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007042 Board of County Commissioners, Collier County, Florida Vs. Kirk N Sanders Violation of Ordinance/Section(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 Azure Botts, Code Enforcement Official Department Case No. CESD20100007042 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. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits or a demolition permit, their required inspections, and certificate of completion/occupancy within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must remove from property any extra mobile homes other than what was approved in 1975 for the legal non-conforming status. Including the recreational vehicle within days of this hearing or a$ per day fine will be imposed for each day the violations remain. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Kirk N. Sanders Inv. Azure Botts Department Case No CESD20100007042 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014115 COLLIER COUNTY, FLORIDA, Plaintiff, vs OSLAY FERNANDEZ, 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: 04126/2012 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: 4120 68th AVE NE SERVED: OSLAY FERNANDEZ, 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 audienca sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunioaciones de este evento. Por favor traiga su propio traductor. Av&tisman — Tout odisyon yo fit an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpdvini avik yon intbprAt you pal& you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Oslay Fernandez, Respondent(s) DEPT CASE NO. CESD20110014115 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: A screen enclosure with canceled permit # 2005033480. Also a pool, decking and shed type structures on the property without Collier County permit(s). 3. Location /address where violation exists: 4120 68th Ave NE Naples, FL 34120 Folio: 38902360001 4. Name and address of owner /person in charge of violation location: Oslay Fernandez, 3020 SW 103`d Ave Miami, FL 33165 5. Date violation first observed: October 10, 2011 6. Date owner /person in charge given Notice of Violation: October 13, 2011 7. Date on/by which violation to be corrected: November 11, 2011 8. Date of re- inspection: March 14, 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 14th day of March, 2012 �) W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER �ptµ`.,;;'4lN MARE L CHERI MY COMMISSION N EE 125048 Sworn to (or affirmed) and-.subscribed before this `� day of n1i2 2012 by * *EXPIRES: October 1, 2015 `�, ! '1 --� ��►�,oF �,�t`Or Bonded 7Nu Budget No1a7 f (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known IV// or produced identification Type of identification produced REV 1 -4 -12 Case Number: CESD20110014115 Date: October 11, 2011 Investigator: Tony Asarc Phone: 239 - 252 -2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FERNANDEZ, OSLAY 3020 SW 103RD AVE MIAMI, FL 33165- Location: 4120 68th AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 43 W 18OFT OF TR 20 Folio: 38902360001 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). Utilizing the Collier County Property Appraisers GIS Mapping Website and the Collier County CD -Plus Program, I observed a screen enclosure with cancled permit # 2005033480. Also, I observed a pool, decking and shed type structures on the property without Collier County Permit(s). 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. ON OR BEFORE: 11/11/2011 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: InvestigaTor Sigha$ure\ Tony Asaro INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 nature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20110014115 Respondent(s): FERNANDEZ, OSLAY 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 Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4120 68th AVE NE , on October 13, 2011 at the X Collier County Courthouse Immokalee Courthouse. C _'C 1 r (Signature of Code- EnfcaCcement Official) Tony Asaro 7 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this c 3 y � day of �) C\ , 2011 by Tony Asaro (Name of person making statement) (Signature of Notary RuRic) SHIRLEY GARCIA NOTARY PUBLIC STATE OF FL(XI' t L r' µ Comm# ', (Print, type or Notary Public) 1 Personally known r Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): Case# CESD20110014115 NOV TA -54 FERNANDEZ, OSLAY 3020 SW 103RD AVE MIAMI, FL 33165 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: Code Case Number: CESD20110014116 ro u Case# CESD20110014115 NOV TA -54 cm 1-s FERNANDEZ, OSLAY o �:; 3020 SW 103RD AVE MIAMI, FL 33165 i;S'a`�arJn;360o.�gygust2D06 I Kimberly Brandes, 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 3020 SW 103RD AVE MIAMI 33165, on October 12 2011 , at 9:OOAm, FL (Signature of Code f rcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12th day of October , 2011 by Kimberly Brandes (Name of person making statement) 4i n�aturee of Notary P I c) `o3 oucxos eu_'YU.e'jUFU a3atxoe KOZ `FZ'HVW :sandXE 10ZPZ6Q(1 # ootssttaraoD: q ttO.rgae0 'r eaegasg (Print, S b i me of Notary Public) XPersonally known _Produced identification Type of identification produced rti L M Co Postage Cerl;fied fee rl _ O Rc'l m Tito eipi ree D lEnciors:a r:.�r�1 Fi�nui: aci! (tptriesfiG- Mait-oilly, Nq (psurronce verage 'provided) Forclelivery-lnfarmatior► visit-our website:atwww:usps.comu4 ro u Case# CESD20110014115 NOV TA -54 cm 1-s FERNANDEZ, OSLAY o �:; 3020 SW 103RD AVE MIAMI, FL 33165 i;S'a`�arJn;360o.�gygust2D06 I Kimberly Brandes, 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 3020 SW 103RD AVE MIAMI 33165, on October 12 2011 , at 9:OOAm, FL (Signature of Code f rcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12th day of October , 2011 by Kimberly Brandes (Name of person making statement) 4i n�aturee of Notary P I c) `o3 oucxos eu_'YU.e'jUFU a3atxoe KOZ `FZ'HVW :sandXE 10ZPZ6Q(1 # ootssttaraoD: q ttO.rgae0 'r eaegasg (Print, S b i me of Notary Public) XPersonally known _Produced identification Type of identification produced rti L M Co Postage Cerl;fied fee rl _ O Rc'l m Tito eipi ree D lEnciors:a r:.�r�1 Fi�nui: aci! ro u Case# CESD20110014115 NOV TA -54 cm 1-s FERNANDEZ, OSLAY o �:; 3020 SW 103RD AVE MIAMI, FL 33165 i;S'a`�arJn;360o.�gygust2D06 I Kimberly Brandes, 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 3020 SW 103RD AVE MIAMI 33165, on October 12 2011 , at 9:OOAm, FL (Signature of Code f rcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12th day of October , 2011 by Kimberly Brandes (Name of person making statement) 4i n�aturee of Notary P I c) `o3 oucxos eu_'YU.e'jUFU a3atxoe KOZ `FZ'HVW :sandXE 10ZPZ6Q(1 # ootssttaraoD: q ttO.rgae0 'r eaegasg (Print, S b i me of Notary Public) XPersonally known _Produced identification Type of identification produced Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) B. 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. * ** 4106801 OR: 4311 PG: 4133 * ** RECORDFD in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/11/2007 at 03:0OPN DWIGHT F, BROCK, CLERK CONS 2E00DO.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: RFC FEE 10.00 Ileans Ferrer DOC-.70 1960.00 Titles in USA, Inc. Retn: 12002S . W. 128 th Court TITLES IN USA INC Miami, Florida 33186 12002 SW 128TH NC 1201 Property Appraisers Parcel Identification (Folio) Number: 38902360001 12002 FL 33186 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the 5th day of December, 2007 by JOHN DELGADO, A SINGLE MAN , whose post office address is 4120 68 AVENUE N.E., NAPLES, FLORIDA 34120 herein called the grantor, to OSLAY FERNANDEZ, A SINGLE MAN whose post office address is 3020 S.W. 103 AVENUE, MIAMI, FLORIDA 33165, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this insintment and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00 /]00'S ($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 all that certain land situate in COLLIER County, State of Florida, viz.: The West 180 feet of Tract 20, Unit 43, GOLDEN GATE ESTATES, according to the plat thereof, as recorded in Plat Book 7 at Page 28, of the Public Records of Collier County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2007 and thereafter, r'v TOGETHER with all the tenements /�re i>�t n�i t agpk penances thereto belonging or in anywise appertaining. S ! TO HAVE AND TO HOLD, the AND, the grantor hereby covt that the grantor has good right land and will defend the same encumbrances, except taxes Iac IN WITNESS WHEREOF, the sR antor has signed and written. Signed, sealed and delivered in the preseitc '-,- Witness #I Signa \ S hldLl Wi ss #1 Printed Aame �lil4 nne -ss #2 Si re �i Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER lit sized of said land in fee simple; d, at d hereby warrants the title to said aoevgr; and that said land is free of all the day and year first above The ping ins ent was acknowledged before me this 5th day of December, 2007 by JOHN DELGADO who is rsonally known me or has produced as identification. C_ i SEAL My Commission Expires: IM11411�i • �1�1r� d�si�11n1� son Odom File No.: 07.11 -10 Notary Public S (f Dc, l Printed Notary Name -. r •• d • .,Tg. •• • 4 4 • ,f '4 ' .P •j.. .•.i L.,++ , ti . r 1 , .•-..: - ..„, .. ii, , .._ • ..„. 8 r . .. _. .„ . i)1 Y ,�., a Print Map Page 1 of 1 Pool, Screen Enclosure, and Structure(s) g.` � d4k ,i.;44.1,.: y!� a a. `m f V e� . 3 ire z 1 a 4�r t .; MAP LEGEND -r s 4` Street Names - . 1�. ,D6 € 1 Parcels 0 ,;i6 � f . ; � . Subdivisions G Ilk c - Aerials 2611[6 Inch Urban] .� �a ,e _ Aerlalx 266912 FEET] ,r p1" +.', I * ` - - O Building Footprints ' ^ M S�, : �, ■ CaIIIN County V :,r- , 4 ,ti '1i .,15'r ,R.' _ Folio Number:38902360001 s' Name:FERNANDEZ,OSLAY , Street#&Name:4120 68TH AVE NE ws Legal Description:GOLDEN GATE . z+ t t ? EST UNIT 43 W 180FT OF TR 20 iftei 1 . . � ) I I 02004.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=Pool%2C%20Screen%20En... 1/10/2012 Print Map Page 1 of 1 Pool, Enclosure/Decking, Structure(s) ri , ' ._ '.:. ' Lr% MAP LEGEND r Street Names Parcels A. . Subdivisions . , T.' Aerials 2011]6 Inch Urban] 0 of l'illr 4 `' t e .60' Aerials 2009]2 FEET] an y �'�. � I 1 Bonier County Footprints CP ii Celller C .----- ,��yf "X ', .+ '1`4:k', ra;..:. kRf+A rok z a: -'§, V �3' w,. � +sue"' ge. ". v y W r .., , .•: { myp «a 4. r w f "Sc' %. er CouMyf...,Ayyrasr.N.. .FL. a. R;,. ., -.:: <. coa .:. ®2004.Collier County Property Appraiser.While the Collier County Properly 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=Pool%2C%20Enclosure/De... 1/10/2012 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20110014115 Board of County Commissioners, Collier County, Florida Vs. Oslay Fernandez Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CESD20110014115 DESCRIPTION OF VIOLATION: A screen enclosure with expired permit# 2005033480. Also a pool, decking and shed type structures on the property without Collier County permit(s) RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Oslay Fernandez Inv. Eric Short Department Case No CESD20110014115 I INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110015948 COLLIER COUNTY, FLORIDA, Plaintiff, 1W MICHAEL ZAGER & PAULA J RHOADS, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 557 Cypress WAY E Naples, FL Folio # 65322840006 SERVED: MICHAEL ZAGER & PAULA J RHOADS, Respondent John Connetta, 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 COMM ISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an eI idioma Ingles. Servicios the traduccion no seran disponibles an fa 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. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you f8 tradiksyon. Si ou pa pale angle tanpri vini avbk yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner 0.1 Michael Zager & Paula J. Rhoads, Respondent(s) DEPT CASE NO. CESD20110015948 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, Sections 10.02.06(B)(1)(a) Building and Land Alteration Permits and Sections 10.02.06(B)(1)(e) Improvement of property prior to issuance of Bldg permits. 2. Description of Violation: Remodeling /alterations to inside and outside of the house without first obtaining the proper Collier County Permits and Inspections. 3. Location/address where violation exists: 557 Cypress Way East Naples, FL 34110 Folio #65322840006 4. Name and address of owner /person in charge of violation location: Michael Zager & Paula J. Rhoads 557 Cypress Way East, Naples, FL 34110 5. Date violation first observed: 11/17/2011 6. Date owner /person in charge given Notice of Violation: 11/21/2011 7. Date on/by which violation to be corrected: 12/21/2011 8. Date of re- inspection: 2/10/2012 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 pubiLc hearing. Dated this 6th day of March, 2012 Co forcement Investigator REV 1 -4 -12 STATE OF FLORIDA COUNTY OF COLLIER NOTARY PL-BLIC -STATE OF FLORIDA Sworn to (or affirmed) and subscribed before this day of �2012 b - Barbara J. Garbrotlgh y Commission # DD974207 E'pires: MAR. 23, 2014 BONDED THRIJ ATLA nC BONDDiG CC., INC. ignature of N ry Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Case Number: CESD20110015948 Date: November 21, 2011 Investigator: John Connetta Phone:2392522448 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ZAGER, MICHAEL RHOADS, PAULA J 557 CYPRESS WAY E NAPLES, FL 34110- Location: 557 Cypress WAY E Unincorporated Collier County Zoning Dist: RSF -3 Property Legal Description: PALM RIVER EST UNIT 3 LOT 1066 Folio: 65322840006 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) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted & Unauthorized remodeling /alterations to the inside & outside of the house without first obtaining the proper Collier County Permits and /or Inspections. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure /improvements: OR remove said structure /improvements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 12121/2011 /�1 tiJ 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: Invdstiiglator Signature Joh.n.Seonnetta 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: CESD20110015948 Respondent(s): ZAGER, MICHAEL RHOADS, PAULA J 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 John Connetta, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 557 Cypress WAY E , on 11/21/2011 (Date), at _12:03pm (Time), and at the _X—Collier County Courthouse _ Immokalee Courthouse. 1 1 (Signature of`Code Enforc ent Official) John Con netta\ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this .r-Ai day of N�, I/ itiA(Q�,0 , 2011 by John Connetta (Name of person making stat ment) (S i a ry c+ SHIRLEY GARMA NOTARY PUBLIC STATE OF FLOWLV V'e '+Iom ITT VVi/743'S"�Y' Explims 12/2114113 (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING t V Respondent(s): Code Case Number: CESD20110015948 Case# CESD20110016948 JC -16 NOV U.S. POStal Service,,, ZAGER, MICHAEL RHOADS, PAULA J CERTIFIED MAIL,,, RECEIPT 557 CYPRESS WAY E o '' • o e Provided) NAPLES, FL 34110 co , 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: o ru ,0 Postage I $ Certified Fee Retum Receipt (Endorsement Required) 0 Restricted Delivery Fee IM CEndorsementg=ujr,,m to r` ru — t Postmark Here Case# CESD201 1 001 5948 JC -16 NOV ZAGER, MICHAEL RHOADS, PAULA J r° 557 CYPRESS WAY E NAPLES, FL 34110 I Kimberly Brandes, 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 557 CYPRESS WAY E NAPLES FL 34110, on November 30. 2011 , at 9:00AM. ( ignature o Code Enf r ment Official Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1,-�I'�day of November , 2011 by Kimberly Brandes (Name of person making statement) S ature of Notary P bli NOTARY YCS C -° ATE OF FLORIDA " Barbara ,J. G- drbrough . Commission # DD974207 '�.r� Expires: b2AR, 23, 2014 "n"ncnr} ur an \TfCBONDMCO M (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced N • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. I , Article Addressed to: A. Sign ure ZJ Addressee D. Is delivery address different from item I? Yes delivery address below: EI No ___ 557 CYPRESS WAY E 13.. Sa�vice Type NAPLES, FL 34110 1 \�Express Mail 0 Registered 13 Return Receipt for Merchandise gist ' 13 Insured Mail 0 C.O.D. Re tn 2. Article Number 4. �Restrlct.d Delivery? (Extra Fee) Yes (T=Sfer from servici 7010 2780 0001 8020 8004 i�� PS Form381 1, February 2004 Domestic Return Receipt 102595-02�M-1540 Municode Page 1 of 17 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off - street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a littp: / /library.municode. com/print. aspx? clientID =13 992 &HTMRcquest =http %3 a %2f%2flib... 3/2/2012 Municode Page 2 of 17 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. H. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section. 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off - street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building permit submittal requirements for signs is provided in section 5.06.11 of the Collier County Sign Code. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County http:// library. municode .com /print.aspx ?clicntID =13 992 &HTMRequest =http %3 a %2f" /o2flib... 3/2/2012 This Instrument Prepared By: John Paulich III, Esq. Paulich Slack & Wolff, P.A, 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 Parcel I.D. Number(s): 65322840006 3091373 OR: 3170 PG: 1064 RICORDID to OFFICIAL RICORDS of COLLIIR COUNTY, FL 12/01/2002 At 09:07AN HIGHT I. BROCL, CLIRI CM 259900,00 RIC FII 10.50 DOC•,70 1819.30 Retn: DIIFII LWIR IT ALL 2610 GOLDIN GATI PINY 1206 NAPLIS FL 31105 PREPARATION ONLY WITHOUT BENEFIT OF TITLE SEARCH OR OPINION THIS WARRANTY DEED made the - "J day of 20tL by MICHAEL P. MORIARTY, JR. and DIANA J. MORIARTY, husband and wife, hereinafter called the Grantor, to MICHAEL ZAGER and PAULA J. RHOADS, husband and wife whose postoffice address is: = hereinafter called the Grantee, WITNESSETH: Th' I th valuable considerations, recd t ' aliens, remises, releases, co b Collier County, Florida, viz: Lot 1066 of PALM RN'ZTZ,I , TATES, Unit 3 recorded in Plat Book 8, Pa the sum of $ 10.00 and other reby grants, bargains, sells, that certain land situate in ig to the Plat thereof as Collier County, Florida TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002; and subject to all easements, restrictions and reservations of record. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed & delivered in our presence- Wit ness 1 Signature Witness #1 Printed Name Witness #2 Si nature /✓4"." /)�'i� 4/ 14c 4.V Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER * ** OR: 3170 PG: 1065 * ** Michael P. Moriarty, Jr. The foregoing instrument was acknowledged before me this z "' day of f,, <_ 2002 by Michael P. Moriarty, Jr., who ( ) is personally known to me or (� produced driver's license as identification, My Commission Expires Witness #1 Signature Witness #1 Pnnte ame Witn s #2 Signature Sn. G, P,kkv Witness #2 Printed Name STATE OF, a�_ COUNTY OF _ C)CQK, A&,T) Public NANCY K MAC MILLAN, MY COMMISSION I CC W?I _EMPIRES FebW 5.2005 Diana Jor} L /tw The foregoing instrument was acknowledged before me this2�-day of NDYCmbo . , 2002 by Diana J. Moriarty, who ( ) is personally known to me or 0 produced driver's license as identification. / > `I, Al No Public '�i= ��r r' ;�.'v My Commission Expires: QAYLE L. REDEMAAI �ry Public, D0l111nd County, Michlpun My Commiglon Expires Decombw 26, 2" o ---- T a/ W. o (/) - } y ` l O N z _ 4 _ O (./.) W W �• ;` % , , t . , U ca f •_ _ •- �F X U W , rt N x ry c. r'Jr f Is- g W m o� ,J Lr) o co o ) o N z • (/) L1, - co . • • X U w 0 00 FUMI Ll.. rl o V1). _ , :-0 CO (N Z C21 . .., C) W W >. U ca Q = >% X U w \ .- N 14 .4 -31.1 '-4- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110015948 Board of County Commissioners, Collier County, Florida Vs. Michael Zager & Paula J. Rhoads Violation of Ordinance/Section(s) Collier County Code of Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) Bldg and Land Alteration Permits and Section 10.02.06(B)(1)(e) Improvement of Property prior to issuance of Bldg permits. John Connetta, Code Enforcement Official Department Case No. CESD20110015948 DESCRIPTION OF VIOLATION: Remodeling/alterations to inside and outside of the house without first obtaining the proper Collier County Permits and Inspections RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Michael Zager & Paula Rhoads Inv. John Connetta Department Case No CESD20110015948 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees _Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014134 COLLIER COUNTY, FLORIDA, Plaintiff, vs MARIA ORTIZ- GARCIA, 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: 04/26/2012 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: 104 N 2ND ST SERVED: MARIA ORTIZ - GARCIA, Respondent Weldon Walker, 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 traduccion no seran disponibles en la 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. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fib 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. CESD20110014134 MARIA ORTIZ - GARCIA, 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 Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Shed converted into living quarters. 3. Location/address where violation exists: 104 2 "d Street ITT, Immokalee FL, 34142 (Folio# 81681880008.) 4. Name and address of owner /person in charge of violation location: Maria Ortiz Garcia P.O. Box 1321 Immokalee FL, 34143 -1321. 5. Date violation first observed: 10/13/2011. 6. Date owner /person in charge given Notice of Violation: 11/1/2011. 7. Date oniby which violation to be corrected: 11/27/2011. 8. Date of re- inspection: 3/5/2012. 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 22 "d day of March, 2012 Weldon J Wa;l 'r, Code Enforcega nt Investigato STATE OF FLORIDA COUNTY OF FOLLIER NOTARY PUBLIC -STATE OF FLORIDA Kitchell T. Snow Sworn to (or affirmed) and subscribed before this 22 "d day of March, 24 Commission # DD929983 Expires: OCT. 01, 2013 BONDED THRU A71,A- TIC BONDD;G CO., INC, (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 1 -4 -12 Case Number: CESD20110014134 Date: November 01, 2011 Investigator: Weldon J Walker Jr. Phone: (239)252 -5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ORTIZ- GARCIA, MARIA PO BOX 1 321 I MM OKALEE, FL 34143- Location: 104 N 2ND ST Unincorporated Collier County Zoning Dist: VR Property Legal Description: FRED WHIDDENS BILK 4 LOT 18 Folio: 81681880008 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 PLI D 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: Structure erected without first obtaining Collier County Building Permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 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: 11127/2011 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. SERV J D BY: , ( INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT ✓�- 2800 North Horseshoe Dr, Naples, FL 34104 Investigator gr/i ure Phone: 239 867 -4555 FAX: 239 252 -2343 Weldon J Walker Jr. j / 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. B. 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. 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 (AD A) 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. 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. b. Application for building or land alteration permit. All applications for building or land THIS INSTRUMENT PREPARED BY: Thomas K. Boardman BOAPDMAN & SPILLER, P.A. 1400 North 15th SUWt, Suite 201 Inunokaloc, Florida 34142 PREPARATION OF INSTRUMENT ONLY Parcel I.D. No.: 81681880008 T'I-IIS INDENTURE, TREVINO MONTERO, W is post Dice Box 358, 10 Grantee, whose mailingadd - WrTNBSSETH, the AND NO/ 100 AND OTHE1 by the Grantee, the receipt v Gmtoc, her heirs and assis, of Collier, State of Florida, VOW on: 2749 PG: 0478 AICOADID ID 01rICIAL 11CO1DS Of COLLAR COaWTy. 11 1113012000 at 01;21M DWIGHT 1. BROCI, CLit1 u 10.50 DO[ -It At WE: BOAIDWAI i SPILLIP. 1400 11171I1Tg ST I f201 IKWOCALII IL 3411; "'4 ember. 2000, between ESTAER OU .\ woman, Grantor, whose address riER MIRELES, a ;r- Florida 34143, 10 GUADALUPE MIRELES, it mce o \ Florida 34143. ', "r, �nli sir era ioo of a stun of TEN DOLLARS r A CPI 510 TONS, to her in hand paid hereby ackno ged;F4, ip%oEed. bargained, and sold to the ' 'bed lantl4ituate, and being in the County the following d � � ,e ; Lot 18, Block 4, Fred Whiddl r=rded in Plat Book 2, Page to the map or plat thereof f Collier County, Florida. NOTE. ThiS property is not the homestead of the Grantor nor is it contiguous thereto. Tile Wayryumv is subject to easements, restT ctions, and reservations of record, as well as to taxes for the cunt year. TO HAVE AND TO HOLD in fee simple forever. And the Grantor does hereby fully wamt the title to said land and, except as above, will defend the same against the lawful claims of all Persons whomsoever. OR: 2149 PG: 0479 IN WITNESS WHEREOF, the Grantor has hereunto set her hand the day and year first above written. Signed and delivered in the presence of: (Sim) C� c� STATE OF FLORIDA } } COUNTY OF COLLIER } The foregoing instrument Esther Trevino Montero, Aw Florida Driver's License N ESTHER TREVINO MONTERO Ma Estero Mireles -�----------_� trj rzZc this .l�a of November, 2000, by .Li'lly known to me or who produced �t ttweAN It M low 71X Murry Rib WMAWN A COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110014134 Board of County Commissioners, Collier County, Florida Vs. Maria Ortiz- Garcia Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20110014134 DESCRIPTION OF VIOLATION: Shed converted into living quarters. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria Ortiz-Garcia Inv. Weldon Walker Department Case No CESD20110014134 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120000335 COLLIER COUNTY, FLORIDA, Plaintiff, 1W ARNOLDO & DAISY DE LA CRUZ, 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: 0412612012 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: 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 -6800; 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 saran 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 M 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 Arnoldo and Daisy De La Cruz, Respondent(s) DEPT CASE NO. CESD20120000335 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: A garage enclosure, shed, elevated deck, and fence without valid Collier County building permits. 3. Location/address where violation exists: 3770 47`h Avenue NE Naples, FL 34120 Folio: 39784640003 4. Name and address of owner /person in charge of violation location: Arnoldo and Daisy De La Cruz 3770 47'}' Avenue NE Naples, FL 34120 5. Date violation first observed: January 17`h, 2012 6. Date owner /person in charge given Notice of Violation: January 23`d, 2012 7. Date on/by which violation to be corrected: February 22nd 2012 8. Date of re- inspection: March 12"', 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 12th day of March, 2012 U W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affi ed) and bscribed before thisay of2012 by�'jpr'- (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or p ced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA " Colleen Crawley : Commission m EE129317 Expires: JUNE 07, 2014 BONDED THRU ATLk',-nC BONDING CO.. L^:f 01- 24- 12;08:23AM; COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DE LA CRUZ, ARNOLDO & DAISY 3770 47TH AVE NE NAPLES, FL 34120- Location., 3770 47th AVE NE Unincorporated Collier County Zoning Dist; E Properly Legal Description: GOLDEN GATE EST UNIT 62 E 75F7 OF W 150FT OF TR 111 Folio: 39784640003 ;239 S66 -3994 OF 2/ 2 Case Number: CESD20120000335 Date: January 23, 2012 Investigator: Eric Short Phone: 2392525732 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: A garage enclosure, shed, elevated deck, and fence without valid Collier County building permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1, Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion ON OR BEFORE: 02/22/2012 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: INQUIRIES AND COMMENTS SHOULD BE Investigator Signature W, Eric Short DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252;2440 FAX: 239 252.2343 signature di i TRIe4*Recipient U nted Narbe of Recipient Date 2 /2,d t766299SG :01 2t7222S2622 1N3kOD�10-+E 3603 :WOdd US2:ZZ 2TB2- 22-NUf AFFIDAVIT OF POSTING Code Case Number: CESD20120000335 Respondent(s): DE LA CRUZ, ARNOLDO & DAISY THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (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 Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3770 47th AVE NE , on 01/23/2012 (Date), at 2:12PM (Time), and at the X _Collier County Courthouse _ Immokalee Courthouse. (Sib-nature of Code Enforcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _Q <--�/ day of in per. -il/.? r 2012 by Eric Short (Name of person making statLsment) (Signature of Notary Public) NARY PLBLICGSTATE OF FLORIDA Kimberly Brandies Commission #DD426130 Expires: SEP,17, 2013 BONDED THRu ATLANTIC BONDING CO., INC. (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): Case# CESD20120000335 NOV ES-46 DE LA CRUZ, ARNOLDO & DAISY 3770 47TH AVE NE NAPLES, FL 34120 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: U `�. Pos #aI erviceT, CERTIFIED - MAILT. RECEIPT Mvmestic Mail Dnly;. No Insurance Coverage l7vided) ., dfandeliveryinformationvisit ,ourwebsiteat�waivw.vspsxome, o ru ro Postage certified Fee i C` Return Receipt Fee Postman: Q (Endorsement Required) Here I, Restricted Delivery Fee ( Endnrsement Reauiredl ru Case# CESD20120000335 NOV ES -46 o DE LA CRUZ, ARNOLDO & DAISY o 3770 47TH AVE NE NAPLES, FL 34120 I Kimberly Brandes, 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 3770 47TH AVE NE NAPLES FL 34120, on January 23. 2012, at 1:06Pm. (Signature of Code E Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or affirmed) and subscribed before me this day of January , 2012 by Kimberly Brandes (Name of person making statement) Signa ure of Nota u lic) NOTARY PLB - ATE OF FLORIDA Barbara J. Garbrough `_-Commission #DD974207 Expires: MAR. 23, 2014 (Print, t misslone ame of Notary Public) XPersonally 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. t� r vbGY.o This Quit Claim Deed made this 0o%9EF£412903 between ARNOLDO DE LA CRUZ, a married man, whose post office address is 3770 47d Avenue Naples, FL 34120, hereinafter referred to as the GRANTOR, and ARNOLDO DE LA CRUZ & DAISY DE LA CRUZ, Husband and Wife as Tenants by the Entirety, whose post office address is 3770 47* Avenue NE, Naples, FL 34120, hereinafter referred to as the GRANTEE; (Whenever used herein the terms "grantor" and "grantee" include all the parties to this insoument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnenseth, that said grantor, for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, quitclaim and grant to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, with the buildings and improvements thereon, situate, lying and being known and numbered 3770 47TB AVENUE NE, NAPLES (COLLIER COUNTY), FLORIDA, to wit: 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. Parcel ID# 39784640003 The premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations, restrictions, and layouts and takings of record, insofar as they are in force and applicable. Meaning and intending to convey the same premises by deed of John Patrick Monaghan, a single man to Amoldo De La Cruz, a married man, dated 05/062000 and recorded with the Collier County - Clerk of the Circuit and County Court at Record Book 2680, Page 2129. To Have and to Hold, the same together with all ands ar d purtepainces thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien equity an clan �y ifrt t�..either in law or equity, for the use, benefit and profit of the said grantee forever. f / r 1-- In Witness Whereo for has hereunto set,.gWtor:.shand and seals the day alkd year�first above written. I ! ! Witness #1 Si ,v- Jlld � 1� L E k ` S Witness #2 Signature �.. y Q J STATE OF FLORIDA i�-� ✓". COUNTY OF COLLIER' ,. Sworn to and subscribed before this da b ers ponally known to me, OR before has produced o`er •�s� : NIURKA GONZALEZ Notary Public - State of Florida A WCortrr1WonB#esFeb27.2006 "'M n ` Commission # DD 95904 by ARNOLDO DE LA CRUZ, who is-- s i Le V-<�e_ as identification. Notary Public STATE OF FLWqA �— Commission #: My Commission Expires: * ** 3769348 OR; 3967 PG; 1436 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/I8/2006 at 02:05PK DWIGHT B, BROCK, CLERK CONS 68250.00 RBC FBI 10.00 DOC -.70 178.10 Retn: ANIRICA11 TITLI i ESCROW SPCS 95 B KITCHELL HAKKOCK RD OVIBDO FL 32765 i 0. i : *1 6 . i t ,bf;4' j I. , . '1 ' 15P. : R' { :.'.a i „;r t M O + S J 1 :F. 0 w , . .,,,,,,c,... 4 <, `4 ,; ' v..) \.....t.) . ..__) w ,5 ,. , .„. . .. ..,_ , . ., . , , ...„ , x 2012101117 5:09 pm J. 4 ., t yy :1[A` 51 .. 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' ~ `11` I'm `F ,1TT r i . ribs _ _ ..441 vc : } t 11] t, 1M k,. i Y.e —.l -,!t ',}_ x . 1 r ` sik4.. e , . .1 MAP LEGEND tii'. 1� 1 - _ e b a '1. 04 Street Names ,� a !'I .r ( I Parcels dlir`,,,/1 .'. ..Pe �t.` 'air ' ii. . Al. �':'.I Subdivisions 11, •� � �++ � 4 •#. Aerials 2006 in,inch Urban' ilk 1— 1,: ♦ wm. .,,, try _ Mn :elk!. i Aerials 200611 FEET] _ [ -a_ .e A, 1 Li nuuding Foalprinis 1 +Q rt w El Collier County• 1 ,�y it At ra i i -"A k Folio Number:39784640003 t 0 Name:DE LA CRUZ,ARNOLDO=& Q ..:- ..°g *' 4.. «. '^ DAISY " y ". it Street &Name:3770 47TH AVE NE S. , '` ,1 1i Legal Description:GOLDEN GATE �� y EST UNIT 62 E 75FT OF W 150FT OF . . L. t .• 1 • t .;t TR 111 ©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.collierapprai ser.com/webmap/mapprint.aspx?title=2006&orient=LANDSCAP... 4/26/2012 Print Map Page 1 of 1 2011 , , -., . tow* s f es 1` ! �{e - - ' ; '.. A * �` MAP LEGEND 4f 1, y Street Names t, t .+ tc _ _ . , t r 7 Parcels 3C 7 ! ,. Subdivision. O •J'- - y "a..t F, • y•• Aerlels 2011161nNf Urban] •kY +.' •r •9 t, - " e, r - as _:4! �1„ `Y(;: V �,- IF + �..� ` �. Aerials 2009[2 FEET] is s--.. t s r • + Building Footprints yp s e ., DDD a �.. Collier County its ' t., *:' !" t. `0 '��L.J• b F= a . � ' j�e d"`r'`IA 1. 4 \ . 4.y- ",.5 ✓�v t - ` 4 L.,. ffi Folio Number:39784640003 w •* - fit AF,,* �` •.1 - t .#`a Name:DE LA CRUZ,ARNOLDO=& . fir', .•^'. ._.,al -7 • 1' r DAISY a `'+ I �u % Street#&Name:3770 47TH AVE NE 4 1;` :�L9/r ' °' #' Legal Description:GOLDEN GATE e ! *, ^ ;+ EST UNIT 62 E 75FT OF W 150FT OF,... . ..„0„,,i,,. . Y. .I TR111 i. .; ..,,.„..9, , ,t 4 . ....... , . .. 0, -:, -,,...• .,,:p. .4. ...,.•, .. vr-v- Ar..,, - . .:-. ,tom, .ray r - ©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=2011&orient=LANDSCAP... 4/26/2012 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20120000335 Board of County Commissioners, Collier County, Florida Vs. Arnoldo and Daisy De La Cruz Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CESD20120000335 DESCRIPTION OF VIOLATION: A garage enclosure, shed, elevated deck, and fence without valid Collier County building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Arnoldo & Daisy DeLa Cruz Inv. Eric Short Department Case No CESD20120000335 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006351 COLLIER COUNTY, FLORIDA, Plaintiff, vs DAVID H SCHAARE JR, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 520 2nd ST NE Naples, FL SERVED: DAVID H 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 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 COMM ISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducide an el idioma Ingles. Servicios the traduccion no seran disponlbles en 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 M 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. CESD20110006351 David H Schaare JR. 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) and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Barn type structure and shed built on the property without Collier County Building Permits. 3. Location/address where violation exists: 520 2 'd St. NE Naples, FL 34120 Folio# 37283440007 4. Name and address of owner /person in charge of violation location: David H Schaare JR, 520 2nd St. NE Naples, FL 34120 5. Date violation first observed: April 29`h, 2011 6. Date owner /person in charge given Notice of Violation: October 20"', 2011 7. Date on/by which violation to be corrected: November 18`h, 2011 8. Date of re- inspection: April 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 day of April 2012 lI Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed), and subscribed before this ,�- (Signature ofNotar�Public) Personally known \<_ or produced identification Type of identification produced REV 8 -19 -11 day o 2012 by 0 (Print /Type /Stamp Commissioned Name of Notary Public) NOTARY PUBLIGSTATE OF FLORID ?, Kir:be.riy Brandes Commi _ioc #DD926130 Exl';ire_ SEP. 17, 2013 BOn'DED MRU ATL12\7nC BONDING Co" INC Case Number: CESD20110006351 Date: October 20, 2011 Investigator: Patrick Baldwin Phone: 239- 252 -5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SCHAARE JR, DAVID H 520 2ND ST NE NAPLES , FL 34120 -2131 Location: 520 2nd ST NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 14 S 18OFT OF TR 47 Folio: 37283440007 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) 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(13)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building o7 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 : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Barn type structure and shed built on the property without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 11/18/2011 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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 c:, u Investigator Signature Phone: 239 252 -2440 FAX: 239 252 -2343 Patrick Baldwin AFFIDAVIT OF POSTING Respondent(s): CHAARE JR, DAVID H & CHELSEA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [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: CESD20110006351 I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 520 2nd ST NE Naples FL , on _10 -20 -2011 (Date), at _2:00pm_ (Time), and at the _X _Collier County Courthouse _ Immokalee Courthouse. (Signature of Code Enforcement Official) atrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or ffirmed) and subscribed, before me this 21-W of _41F _'( , 20th by Patrick Baldwin (Name of person making statement) (Signature of Notary Public) 60�k% :BKirnberl,- Y PLLIC -S TATE OF FLORIDA 'Brand-Is Com:�is�_on 4"DD926130 Expu'es: SEP. 17, 2013 BONDED THR :.TLS\ t C BO_ DENG CO., IN C. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): Case# CESD20110006351 NOV PB -23 SCHAARE JR, DAVID H 520 2ND ST NE NAPLES, FL 34120 -2131 THE C _SCRIPTION 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: J� Code Case Number: CESD20110006351 • 1. CERTIFIED MAIL,. RECEIPT -� (Domestic M O l LD Postage $ L Co �,. Certified Fee r-q Postmark Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee Q (=.,.+,. i Aoniiradl CID 1z Case# CESD20110006351 NOV PB -23 o ` SCHAARE JR, DAVID H 520 2ND ST NE NAPLES, FL 34120 -2131 I Kimberly Brandes, 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 520 2ND ST NE NAPLES FL 34120- 2131, on October 20, 2011, at 10:26Am. (Signature of Code Enfc Kimberly Brandes STATE OF FLORIDA COLIN" .' OF COLLIER Sworn to (or affirmed) and subscribed before me this 20th day of October , 2011 by Kimberly Brandes (Name of person making statement) 1vtYi.YRY I�U IIC -STATE OF FLORIDA J arbara J. Garbrough Commission # DD974207 Expires: MAR.23,2014 BONDED THRU ATLk1,-nC BONDNG CO., INC, (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification ORDINANCE NO. 0441 AN ORDINANCE OF THE BOARD OF .COUNTY COMM1SSlONERS OF COLLIER C OUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPFEHE:NSWE REGULATIONS FOR THE UNINCORPORATED AREA .OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91 -102, AS AMENDED; PROVIDING FDR SECTION ONE, RECfTALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODlF1CATION OF THE LAND .DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC, 1.D1.DD T711, SEC. 1.02.00 AUTHORTTY, SEC. 1.03.D0 ,RULES OF CONSTRUCTION, SEC, 1.64.60 APPLICABILITY, SEC. 1.5.60 FINDINGS, PURP05E AND INTENT, SEC. 1.66,00 RULES OF INTERPRETATION, SEC, 1.07.00 LAWS ADOPTED BYREFEE ' G= SEC. 1.08.60 DEF[NTIONE� CHAPTER 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.61.66 GENERALLY, SEC. 2.62.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC, 2.D3.D0 ZONING DISTRICTS, SEC, 2.D4;D0 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05,00 DENSITY STANDARDS, SEC. 2.D6.D0 AFFORDABLE HOUSING DENSITY BONUS, SEC, 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION INCLUDING SEC, 3,01 .DO G T10 ENERALL � SEC, 3,02.DD FLOODPLAIN PRDTEC- N, SEC. 3.03.D0 COASTAL ZONE MANAGEMENT, SEC. 3.D4.00 PROTECTION OF ENDAN- GERED THREATENED, ORL1S '—ED SPECIES, SEC, 3.DE,DD VEGE - - IK ION REMOVAL PRDTEG G�- TION, AND PRESERVATION, SEC, 3.08.00 WE IELD AND GRDUNDWATER PROTECTION; CHAPTER 4 - SfTE DESIGN AND DEVELOPMENT STANDARDS; INCLUD[NG SEC, 4.61.60 GENERAL v SEC 4 0� Dp SITE DESIGN STANDARDS, SEC, 4.03.D0 SUBDIVISION DEEIGNAND LAYOUT, SEC. 4.04.60 TRANSPORTATION SYSTEM STANDARDS SEC, 4.05.60 Oi- rSTREETii P��NG AND LOADING SEC. 4.06.D0 LANDSCAPING, BUFFERING, AND VEGETATION RE, TENTION, SEC, 4.07.D0 DESIGN .STANDARDS FOR � 4.D8.00 RURAL LANDS PLANED UNIT DEVELOPMENTS, SEC. STEWARDS HI. AR�A ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES L)S T Ot- TABLES IN CHAPTER 4; CHAPTER E - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.D0 GENERALL LY, SEC, E.D2.00 HOME OCCUPATIONS, SEC. 5.D3.D0 ACCESSORY USES AND STRUCTURES, SEC. E,D4.D0 TEMPORARY USESAND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOP, SPECIFI INCLUDING USES, SEC, S.DS.OD SIGNS, UDING AN AMENDMENT TO SEC. E.06.68 POLITICAL SIGNS; CHAP i ER 6 - 1NFRASTRUC- TURE IMPROVEMENTS AND ADEQUAi --t PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC, B-01 -00 GENE. I Y; SEC. s.02.DOADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.66 WASTEWAT SYSTEMS AND IMPROVEMENTS STANDARD, SEC, S,D4.DD POTABLE WATER SYST= -MS AND IMPROVEAFNrTS STANDARDS, SEC. B.DSAD.WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS; SEC.. B.Ofi.DO TRAt�lSPORTATION SYSTEM STANDARDS; CHAP 7 RESERVED; CHAPTER 8 - DE CIS AND ADMINISTRATIVE BODIES, INCLUDING SEC, B.o1.60 GENERALLY SEC, 8,6260 BOARD OF COUNTY COMM1S510NERS SEC, 8.03.00 PLANNING - COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC, EDS.DD BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8,06.66 ENVI,Rpj�[NIEi�r T qL gOVQRY COUNC PRESERVATIQN BOARD SEC, 8.68.60 COD` L, SI=C. 8.07,00 HISTORUARCHAEOLDGICAL ENFORCEMENT BCARD, SEC, 8,09.DD COMMLL LAITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS •1=ROM CODE RFQUIREM, =N�TS, INCLUDING SEG; 9.01.60 GEj�IERALLY, .SEC. 9.62.60 DEV-7 - OPMENT WTTI -I VESTED RIGHTS, SEC, 9.03.00 NONCONFORMI 1ES, SEC. 9.0.4.DO VAP ANCES; CHAPTER 10 - APPUCATIQN, R-='VIEW, AND DE . SEC, 10-01.D0 GENERALL GISION -MAKNG PR. INCLUDING Y; ScC, 1 D.D200 ApPJCAiID.N REQU.IREM =LAYS .SEC, 10.63,66 B. Buildino or Land Alteration Permits. 1. Building or land alteration permit and certmcate of occupancy compliance process. e. improvement of property prohibited priorro 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 on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants-of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of, any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspections) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). B. Building or Land Alteration Permits. 1, Building or land alteradon-permit and certificate of occupancy compliance process. a. Zoning acfion on building orland 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 applicabie 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 pemnits, 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 certincate(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. QUIT -CLAIM DEED 2222.023 THIS QUIT -CLAIM DEED, executed this ,g?_3e�-day of 2010, by CHELSEA SCHAARE n/k/a CHELSEA SUMMER KNIGHT, hereinafter designated as the Party of the First Part, to DAVID H. SCHAARE, JR., whose Post Office address is 520 Second Street North- east, Naples, Florida, 34120, hereinafter designated as the Party of the Second Part. WITNESSETH: That the said First Party, for, and in consideration of, the sum of Ten ($10.00) Dollars, in hand paid by the said Party of the Sew iIrtt �ipt of which is hereby acknowledged, does hereby remise, release, and "I of the Second Part, forever, all the right, title, interest, claim, and d which the said e the First Part has in, and to, the following described lot, piece ,�or p and, situate, lyi , a d being in the County of Col- lier, State of Florida, to -wit: I/ The South 180 feet f Tct47;Is L EA� UNIT N0. 14, according to the plat thereof, as recorde Ia cy�k 7 �Plage 73 an' / 74, b� e Public Records of Collier County, Florida, SUBJECT TO easeme tractions, and rese` current year and all subsequent ecord, if any, and taxes for the ar�� /� �j` '-C - Y Parcel Identification Number 3'h8 .0 7� CONSIDERATION LESS THAN ONE HUNDRED ($100,00) DOLLARS THIS IS AN INTERSPOUSAL CONVEYANCE TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, eq- uity, and claim, whatsoever, of the said Party of the First Part, either in law or equity, to the only proper use, benefit, and behoof of the said Party of the Second Part, forever. presept�_ne Oay ancj,%�ear first WITNESS JACOB E. OLGROVE PRINT NESS NAME Party of the First Part has signed and sealed these fL� L nWa CHELSEA SUMMER KNIGHT l STATE OF FLORIDA : COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to adminis- ter oaths and take acknowledgments, personally appeared CHELSEA SCHARRE n/k/a CHEL- SEA SU1vfWR KNIGHT who has nroduced her Florida Driver License Number as identification, and who executed the foregoing Quit -Claim Deed and she acknowledged before me that she executed the same. WITNESS MY HAND and Official Seal this cR3"" c) day ofd 2VO. +o�►Rr Pu °�� KIM MARIE BERRY * * MY COMMISSION t DD 835597 EXPIRES: November 9, 2012 +r, �7coVP Bonded ihru Budget Notary Services �h. THIS INSTRUMENT PREP JACOB E. COLGROVE, ESQUIkE- 700 Eleventh Street South, Suite 102 Naples, Florida 34102 2391/775 -4200 kv Signatufe of Notary Name of Notary Printed C1� M� r Number Expires PREPARATION OF INSTRUMENT ONLY WITHOUT BENEFIT OF TITLE OPMON 3, 1r } ,1. ` t,f: ', . 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'2,,,,A'1,,',4"'"; ,., ;•.,I , :.. 4c, • 4..1.44„.,t-,,,, 4 .e.„-otv11‘. ..-I • NI . ..,. • .411‘ ,. .„ , ,, _ it „ ,••-,,-t„iv-, ....,,er. ,e.,.7,, ". : ..• ,,,,, r lig -—,;...., . 4„,. .. „ ? 0"..„,(.., '.s ,`;"' '.4 '..-•)11...,,,t1r...;1......"i . 111.4 ...t."'1'.;t'' it.'''' - It4Lk: • ...4:-!a* :g4,1 ' ■ ttg -• '4' i ,4 1'.i t''li .', , , ,,,,.i -...,, ;l,y. ..., . . '' 44 4 . ,,, ' ' • . ,,,l'i -..4,4i,*4 t 4.‘ . 1: 4.2, 4 ,1•011f A,,, :*: ilL , . '1i!. . vin„ t: ..! t , ii —-,'rt 7 •.tr . • ,,.. ' '%., , r,,k.- 1 ..yz*.•,o , ' ''4 , ,:• ',,o',i',,,,'N't 1 ,) A ibilliti COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110006351 Board of County Commissioners, Collier County, Florida Vs. David H Schaare JR. Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20110006351 DESCRIPTION OF VIOLATION: Barn type structure and shed on the property without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. David H. Schaare Jr. Inv. Patrick Baldwin Department Case No CESD20110006351 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120000290 COLLIER COUNTY, FLORIDA, Plaintiff, vs WESTOK INTERNATIONAL CORP, Respondent(s) David Govanus, 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: 04126/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotics - Unimproved /200" Improved /Subdivision54- 185(d)2009 LOCATION OF VIOLATION: Folio # 68640001003 SERVED: WESTOK INTERNATIONAL CORP, Respondent David Govanus, 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 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 at idioma Ingles. Servioios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las contunicaciones 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. CENA20120000290 Westok International Corp., 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 Code of Ordinances Sec. 54- 185(d) 2. Description of Violation: Collier County prohibited exotic vegetation located upon an unimproved property within a 200' radius of improved property 3. Location/address where violation exists: Drainage easement located between Huntington Lakes and Quail Creek Folio 68640001003 4. Name and address of owner /person in charge of violation location: Westok International Corp. 5551 Ridgewood Dr. Ste. 501 Naples, FL 34108 -2719 5. Date violation first observed: 1/12/2012 6. Date owner /person in charge given Notice of Violation: 1/18/20 121 7. Date on/by which violation to be corrected: 2/13/2012 8. Date of re- inspection: 3/29/2012 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 oopj, 2012 STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement Investigator S horn to (or aff ed) and subscribed before this) ( day of nL 2012 by 10-0 Signature o.fNotary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known Z_ or produced identification SHIRLEY (IARCi,: Type of identification produced NOTARY PUBLIC 4"L STATE OF FLORE3r p Comm# 01)09�1439P,,i V ^X!?11nc 12/21/20 IJ Case Number: CENA20120000290 Date: January 13, 2012 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: WESTOK INTERNATIONAL CORP C/O DAVID G BUDD ESQ 5551 RIDGEWOOD DR STE 501 NAPLES, FL 34108- Location: 4286 Pond Apple Drive South. Drainage easment located between Pond Apple Drive S. and Huntington Lakes Circle. Unincorporated Collier County Zoning Dist: RSF Property Legal Description: QUAIL CREEK # 2 TRACT "BB" LESS THAT PORTION NOW PART OF QUAIL CREEK #3 TR "BB" LESS OR 1192 PG 1938, LESS OR 2009 Folio: 68640001003 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: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Cr"'e U1, Laws and Ordinances Chapter 54, Article VI, Section 54- 185(d), Collier County Land Development Code 3.05.08 Section A(6) d. The accumulation of exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the exotics are located within a 200 -foot radius of any improved property located in a recorded or unrecorded subdivision. However, the requirements for abatement of the public nuisance as described in section 554 -187 shall only apply to that portion of the unimproved property where the exotics exist within a 200 -foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in section 54 -187 shall only apply when the county received a complaint.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Collier County Prohibited Exotics including, but not limited to: Brazilian Pepper and Earleaf Acacia. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must remove all Collier County Prohibited exotic vegetation located within a 200' radius of any abutting, improved property. 2. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. ON OR BEFORE: 2113/2012 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: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252 -2440 FAX: 239 252 -2343 David Jones Signature and Title of Recipient Printed Name of Recipient Date ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. .. Print your name and address on the reverse so that we can return the card to you. U Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CASE: CENA20120000290 Westok International Corp C/o David G. Budd Esq 5551 Ridgewood Dr., ste 501 Naples, FL 34108 A. ig ature �� 0 Agent X ❑Addressee B. Received b� (Prin''tte�ed, ivery C. Date Delivery �Name) � D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No S. Service Type Certified Mail 13 Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes ^ 7011 1570 0000 0064 2367 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 Sec. 54 -185. - Declaration of public nuisance. (a) (b) (c) (d) The accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any Mowable Lot, and which lot has been specifically described by legal description and which condition has been determined by the County Manager or his designee, to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by nonprotected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. In the area zoned Estates, the accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any residential structure up to any lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. The accumulation of Exotics, weeds, grass or other similar nonprotected overgrowth is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, which condition is adjacent to a private or public right -of -way and is not within a Recorded or Urecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a private or public right(s) -of way. The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius of any improved property located in a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply when the County receives a complaint. REC ; INT. QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this / � day of January, 1986, between: QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC. Party of the Fit Part, to: Received $ Documentary Stomp Tax WESTOK INTERNATIONAL CORPORATION Collier County, Florida AND RSH OF NAPLES, INC. Will' mlp J. Reogon erg' 12823 Vad Drive by „,a p Florida Naples, Flori 33999 WITNESSETH, that the said first party, for and in considera- tion of the sum of TEN DOLLARS ($10.00) , in hand paid by the said second party, the receipt whereof is hereby acknowledged, does co hereby remise, release and quit -claim unto the said second party r r. forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to -wit: — uI See Exhibit "A” attached hereto and made a part hereof. C: ] C---) C-) o — CD ^v I -F- TO HAVE AND TO HOLD, the same together with all and singular o the appurtenances thereunto belonging or in anywise appertaining, o and all the estate, right, title, interest, lien, equity and claim -0 a whatsoever of the said first party, either in law or equity, to D co the only proper use, benefit and behoof of the said second party rn cJ, forever. -- co t-- IN WITNESS WHER �,� t_ - ��a ty has signed and sealed these present %. 'day and year " �i ove written., Si in the pr sense of: QUAIL CR K OPERTY. 1. ^� OWI� RS AS CIA�ION, , NCs ✓J ............ STAT OF FLOR 1 i 11 f J "/1; ' COUNTY OF COL 'ER t�' BEFORE ME �ez�' nally appeared Vie!' a �4�r� , to me well known, and k�� to me to be the2 ZdaKr du'a desc abed in and who executed the o> ng instrument a��YC.i'C. ` of the above name Q CREEK PROPERTY 9 ERs" ASSOCIATION, INC., a Corporation, and dged to an_J_tie me that he executed such instrument as s h tC �,•d�'said corporation and that the seal affixed D sd irrws14L s the corporate seal of said corporation and that 1 was_ rsted to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. seal this _14&-day of Janura�.y.,, j . NONO A7PUBLIC SEA>r.1' "(r4rrim "' l 0", , This instrument prepared'byy: E JOHN F. STANLEY, ESQUIR VEGA, BROWN, NICHOLS, STANLEY & MARTIN, P.A. 2660 Airport Road, S. Naples, FL 33962 WITNESS my hand and official A.D., 1986. My Commission Expires: NOTARY PUBLIC STATE OF FLORIOA 1 NY CORAISSIOR EXP. JULY 7,1989 r BONDED THRU OEBERAL IRS. UND. LAW OrrIc E6 VEGA, BROWN, NICNOLS STANLEY 6 MARTIN, RA. 2660 AIRPORT ROAD SOUTH NAPLE6i FLORIDA ]]862.4890 (617) 774.3]]7 QUAIL2 L� WILSON, MILLER, BARTON, SOLL & PEEK, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS RAYMOND W. MILLER, P.E. WILLIAM L. BARTON. P.E. THOMAS R. PEEK, P.E.. P.LS, WILBUR M. CHRISTIANSEN, P.L.S. CLIFFORD H. SCHNEIDER, P.E. BENJAMIN C. PRATT, P.E., P.L.S. CARL H. SOL" P.LS, FERMIN A. DIAZ, P.E. JOHN E. BOUTWELL. P.L.S. GARY L DANCA. C.P.A. REPLY TO, I %) NAPLES OFFICE 1153 Airport Road North Naplat Florida 33942 15131775.1124 ( J BONITA SPRIN05 OFFICE 5951 Bonlla Baazh Road, S.E. Sorin9r Plaza Suits 292 Bonita Sprin9t, Florida 33923 (513) 597.2255, 332.7963 J FORT MYERS OFFICE 1625 Hendry Street, Suite 102 P. O. Bore 25OD Fort My., Florida 33902 (613)137.4611 (.7-1 m 11 O Description of Parcel No. 2 ° being a part of Tract "BB" of Quail Creek Unit Two, y °° (P.B. 13, pages 74 through 77) Collier County, Florida co cl3 M IV Commencing at the southwest corner of Section 17, Township 48 South, Range 26 East Collier County, Florida and the southwest corner of Quail Creek Unit One, according to the Plat thereof as recorded in Plat Book 13, pages 19 through 26, Public Records of Collier County, Florida; thence along the south line of said Section 17 and the south line of said Quail Creek, Unit One r-- North--6- 90-- 05' -08" East 2647.59 feet to the south 1/4 corner m,17, and the POINT OF BEGINNING of the parcel here e of >4-lrfe�ction I �thence alongg t l j th and % line, North 01--001-30"/ e,St170.00 feet; thence leaving: said north and south 4 section line North 690- 05' -D$" EAs .2-757 -79S feet i-o a poiant on the westerly boundary /ligp 0 c,t "B" a`90 own o" Quail Creek Unit Two" according t© t e la f Y.kre of as record d i� P.B. 13, pages 74 through 77, u i r 'unty, Florida; thence lob s we *1 b n e}, South 200- 00' -00" East 74.07 e t t t o south r r bf laid Outlot "B" and a point 6—ft t i °e 10 Sect •o 171 tags Quail Creek Unit One; thence said south line, outh 89 °r X08" West 2276.03 feet to south 1/4 corner -sa d $. on 17 and the Point of Beginn f the parcel here desk d; being a part o BB of "Quail Cre k Uilt wo" (P.B. 13, pages 74- 77),.Collier o1rt Florida; / {'subject to easeme s'��an, stricti i}5'ottetord; containing 3.64 ac r MID) W1'ibN -, 'MILLER, BARTON, SO --P , INC. �,,, 5Rd.. pgine s an d Land Surveyors DATE = BOUtwell, P.L.S. $3934 ".�,.e.aonev«nr5 In Otlklol RarAro. 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RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must obtain any necessary peimits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within days of this hearing or pay a fine of$ dollars a day until abated. 2. The prohibited exotic vegetation base/stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within days or a fine of $ per day will be imposed. 3. The respondent must- notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confillil 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Westok International Corp. Inv. David Jones Department Case No CENA20120000290 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 I $0.001 IOF Total ' $0.O0I Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014881 COLLIER COUNTY, FLORIDA, Plaintiff, vs BARRY W BARNETT JR & MICHELLE A BARNETT, 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: 04/26/2012 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: 151 25th AVE NW SERVED: BARRY W BARNETT JR & MICHELLE A BARNETT, 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 idioms Ingles. Servidos the treduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicadones de este evento. Por favor traiga su propio traductor. AvPtisman — 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. CESD20110014881 Barry W Barnett Jr. and Michelle A Barnett, 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: An unpermitted shed located on the east side of the property. 3. Location/address where violation exists: 151 25`h Ave NW Naples, FL 34120 Folio: 37692081002 4. Name and address of owner /person in charge of violation location: Barry W Barnett Jr. and Michelle A Barnett PO Box 428 Poynette, WI 53955 5. Date violation first observed: December 08, 2011 6. Date owner /person in charge given Notice of Violation: December 13, 2011 7. Date on/by which violation to be corrected: January 14, 2012 8. Date of re- inspection: April 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 10`h day of April, 2012 W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S rn to (or armed) an subscribed before this�day of , 2012 byF (, (Signature of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally known or p oduced identification Type of identification produced NOTARY PUBLIC•STATE OF FLORIDA l,, Coheir; Crawley r Commis* ' EE129317 REV 1-4 -12 Expires: JtiNE 07, 2014 BONDED THRU ATLA.\71C BONDING CO., INC, v Case Number: CESD201100148 Date: December 13, 2011 Investigator: Eric Short Phone: 2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BARNETT JR, BARRY W MICHELLE A BARNETT PO BOX 428 POYNETTE, WI 53955 Location: 151 25th AVE NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 22 E1/2 OF TR 28 Folio: 37692081002 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: An unpermitted shed located on the east side of the property. 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. ON OR BEFORE: 01/14/2012 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: INQUIRIES AND COMMENTS SHOULD BE Z1_ Investigator Signature Eric Short DIRECTED TO CODE ENFORCEMENT 2800 North-Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signa e and Title of Recipie Printed Name of Recipient Date AFFIDAVIT OF SERVICE Respondent(s): BARNETT JR, BARRY W MICHELLE A BARNETT 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: C Code Case Number: CESD20110014881 I Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Michelle A Barnett at 151 25th Ave NW , on 12/13/2011 (Date), at 12:16PM (Time). (Signature of Code Enforcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of�� -��, 2011 by Eric Short (Name of person making statement) (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced (Signature of Notary Public) / 1 OTpy PL'BLIC.ST',TE 07, LORIDA ,r 2r1_1,7 Brandes -` ' "� 'Con.^�is_on nDD926130 ' E p;re;: SER 17, 2013 ROND&T`r1R AT',,jiC Bo, DLNGCO.,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 4558359 OR 4679 PG 2440 RECORDED 5/9/2011 9:32 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $1,050.00 REC $18.50 CONS $150,000.00 Prepared by and Return to: Craig D. Blume, Esquire 800 Harbour Drive Naples, Florida 34103 Parcel I.D. (Folio) No 37692081002 Consideration $150,000.00 THIS WARRANTY: DEED Florida limited liability company, Florida 34103, hereinafter called tt A. BARNETT, husband and w1fp" 53955, hereinafter called the Gyo( WITNESSETH: That valuable consideration, receipt aliens, remises, releases, cove Collier County, Florida, and�de The East '/Z of Tract N recorded in Plat Book 7, Pages TOGETHER with all to in anywise appertaining. WARRANTY DEED is made thetday of April, 2011 by 151 GGE, LLC, a whose —vost— office address is 800 Harbour drive Naples post in )iden Gate Estates' urn 84, of the Public BARNETT, JR., and; MICHELLE `ens is PO Box 428, Poynette, WI ;r tio� of the sum of $�10 and other g d, hereby grants, bargains, sells, lie that certain land situated in Jul —2 1, according to the plat thereof rdh'o'f Collier County, Florida. appurtenances thereto belonging or TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantees that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010; subject to easements, restrictions and reservations of record common to the subdivision. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. * ** OR 4679 PG 2441 * ** Signed, sealed and delivered in our presence: ��s xto6f , 6fiet-s2�, Printed Name of Witness No. 1 Printed Name of Witness No. 2�;�,�`i STATE OF FLORIDA COUNTY OF COLLIER 151 GGE, LLC, a Florida limited liability company By: .77"/&-.) L.S. PETER TAKOS, its Manager �.. I HEREBY CERTI ht, iI& day; `b6L*e me- w o c k duly authorized in the State aforesaid and in the County _ said to take ackno dgr#en ��peared Peter Takos, Manager of 151 GGE, LLC, a Floridan: ted liability come , ` e son ly known to me or who was identified with a drivers lict%and who execute ��1w foregoing instrument and he acknowledged before me that he he same of said companies and did take an oath.�::_�% -'�� WITNESS my hand and official seal in the County and State last aforesaid this�� day of April, 2011. kriuiLau INW11C vi INULWY) Commission Expiration: BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20110014881 Barry W Barnett Jr. and Michelle A Barnett Respondent(s), y/� STIPULATION/AGREEMENT COMES NOW, the undersigned," < AJ i e-Ve-hc-, on behalf of himself or 1i-crs If 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 CESD20110014881 dated the 13th day of December, 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 /A✓// .t/ago/)-; 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 $iO,o0 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 /IP days of this hearing or a fine of $ /50, 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 abatement shall be assessed to the property owner. � �� / �"I p Respondent or Represen ative (sign) G./ Diane Flagg, Director Code Enforcement Department /k/ircL,//e A S 4•2-LP. I Respondent or Representative (print) Date Date • MtC ,e REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20110014881 Board of County Commissioners, Collier County, Florida Vs. Barry W Barnett Jr. and Michelle A Barnett Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CESD20110014881 DESCRIPTION OF VIOLATION: An unpermitted shed located on the east side of the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Barry W. Barnett Jr. & Michelle A. Barnett Inv. Eric Short Department Case No CESD20110014881 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Add] Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00] Total Operational Costs $80.00 i U. ll,oneen I,rawiey rage c or c cu i c -u4- r r i 4.uu.oc wrvi i / rr ui ii. 1-1. -v -- a icn CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20120000960 COLLIER COUNTY, FLORIDA, Plaintiff, vs DOMINICK CAMMUSO, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110 -31(a) LOCATION OF VIOLATION: 11820 Riggs Rd. Naples, FL Folio # 00770080800 SERVED: DOMINICK CAMMUSO, 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 an el idtoma Ingles. Servicios the traduccion no saran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con Ias 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. Dominick Cammuso, Respondent(s) DEPT CASE NO. CEROW20120000960 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 Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110 -31(a) 2. Description of Violation: No Collier County Right -of -Way permits for entrance driveway on drainage swale. 3. Location/address where violation exists: 11820 Riggs Rd, Naples, Florida 34114, Folio # 00770080800 4. Name and address of owner /person in charge of violation location: Dominick Cammuso, 9168 The Lane, Naples, Florida 34109 5. Date violation first observed: January 23, 2012 6. Date owner /person in charge given Notice of Violation: March 30, 2012 7. Date on/by which violation to be corrected: April 12, 2012 8. Date of re- inspection: April 13, 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 =4 �Aday of %Apc � 2012 -ray Condomina STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER orn to or affirmed a d subscribed before this'" da of►11 , 2012 by (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known o oduced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Colleen Crawley Commission # EE129317 Expires: JUNE 07, 2014 REV 8 -19 -11 BONDFjD THRL`ATL.LIMC BONDING CO,INC. Case Number: CEROW20120000960 Date: March 30, 2012 Investigator: Danny Condomina Phone:2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CAMMUSO, DOMINICK 9168 THE LANE NAPLES, FL 34109 Location: 11820 Riggs Road Unincorporated Collier County Zoning Dist: A Property Legal Description: 20 51 27 COMM AT NE CNR SEC 20N89DEG 05'03 "W 1354.36FT TO POB, SOODEG 00'41 "E 1305.31 FT N56DEG 29'06 "W 1052.78FT,N36 Folio: 770080800 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: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110- 31(a). (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and /or compaction of soil in any right -of -way provided for public use in Collier County, including any public right -of -way maintained by Collier County within the boundaries of any municipal corporation, without first.obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook.: ,olation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Collier County Right -of -Way permits for entrance driveway on drainage swale. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Right -Of -Way permit(s) and inspections through final approval for entrance driveway. ON OR BEFORE: 04/12/2012 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: �~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT -'� - -- -- - 2800 North Horseshoe Dr, Naples, FL 34104 Investigator_. - Sig nature Phone: 239 252 -2440 FAX: 239 252 -2343 -Danny Condomina Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CEROW20120000960 Respondent(s): AMMUSO, DOMINICK 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 11820 Riggs Road, on MARCH 30, 2012 (Date), at 12:02 PM (Time), and at the X Collier County Courthouse _ Immokalee Courthouse. 4 _ (StgnatL4r arlaEnfe_menrofficial) en"::t�do na _ STATE OF FLORIDA COUNTY OF COLLIER Sworn to '(o ffirmed) and sulsribed before me this 3 (o day of ,� i/ � �' , 2012 by Danny Condomina (Name of person making statement) (Signature ofTlbt'ary Public NOTARY PUBLIC -STATE OF FLORIDA Kimberly Brandes Commission # DD92 61.30 Expires: SEP. 17, 2013 soxDED Tx ZU 4TL \71C BONDLNC CO., INC. (Print, type or stamp Commissioned Name of Notary Public) `LPersonaliy known Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): Case# CEROW20120000960 NOV DC -31 CAMMUSO, DOMINICK 9168 THE LANE NAPLES, FL 34109 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: L� I Kimberly Brandes, 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 9168 THE LANE NAPLES, FL 34109, on _March 30,2012 , at 4;16Pm. (Signature of Code CnifpJrcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Swor to (or affirmed) and subscribed before me this D.La� day of March , 2012 by Kimberly Brandes (Name of person making statement) ignatuwd�fA ?t r. R _ 1' E F FLORIDA Barb a J, Garbrough `- Commission # DD974207 Expires; hiAR. 23, 2014 SOADED THR" AT1.i \T1C B01,DL\G Co., ING (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Fype of identification produced Municode Sec. 110 -31. - Permits. Page 1 of 2 (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and /or compaction of soil in any right -of -way provided for public use in Collier County, including any public right -of -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each.permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. (5) Sketches and drawings in duplicate to completely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site - specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC). (3) Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's proposed time frame for construction within the right -of -way. If work will not begin within 30 calendar days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site- specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the decision of the board shall be final. M No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. http: / /Iibrary.municode. Gom/print. aspx ?clientID =105 78 &HTMRequest= http %3 a %2f %2flib... 4/2/2012 %-UND .D-)V,Vvv.vv Prepared by and return to: Harold J. Webre, Esq Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL 34103 File Number: Cammuso Parcel Identification No. 00770080800 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 26th day of August, 2011 between Flamingo Bend Nursery, Inc., a Florida corporation whose post office address is 11825 Riggs Road, Naplf��N�T;V34T1.4 -of the County of Collier, State of Florida, grantor *, and Dominick Cammuso whose post office address`,- S— oTt3,, e a i ale, FL 34109 of the County of Collier, State of Florida, grantee *,`' Witnesseth that said grantor, for and�in cPiticleratian, of the sum of good and valuable considerations to s�d g*tot tn�and p� d by sai g has granted, bargained, and sold to tie s e�,.a�rt situate, lying and being in Collier Coontyi ��J 7077'' See Attached Exhibit "A" i^ Subject to: (a) real property 4r-too!ons rem taxes accruing, building code and other use imposed by go and mineral interests of reco r -,(d) restrictions, subdivision. l,ND NO /100 DOLLARS ($10.00) and other the eceipt whereof is hereby acknowledged, sign forever, the following described land, )December 31, 2010; (b) zoning, fthority; (c) outstanding oil, gas and easements common to the and said grantor does hereby fully warrant the title to sat �anli;and�vt�l defend the same against lawful claims of all persons whomsoever. ' "Grantor" and "Grantee" are used for singular or plural, as contact requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Flamingo Bend Nursery, Inc., a Florida corporation By/--r Mark Kalmanek, President Ool rw4 Yovarmich & Koester, P.A. 4001 Tamlarnl TraH N. Sulte 300 0 n _ —• State of Florida County of Collier a� The foregoing instrument was acknowledged before me this-26th day of August, 2011 by Mark Kalmanek of Flamingo Bend Nursery, Inc., a Florida corporation, on behalf of the corporatio e /she L] is person own to me or [X] has produced a driver's license as identification. [Notary Seal] otary Public Printed Name: Kin(, x r ....:................ I'll ...... ................ My Commission Expires: D f CINDY L. SMALLWOOD cJ3 vP -, Comm# DD0880748 £- Expires 6 /52013 Fonda NearyA=n., Inc �' t A. n... un., ....r....,nn ..................i EXHIBIT "A" LEGAL DESCRIPTION Being that part of that portion of the Northwest quarter of the Northeast quarter lying North of U.S. Highway #41 (Tamiami Trail) in Section 20, Township 51 South, Range 27 East except that parcel of dedicated to Collier County and used presently as a street named Riggs Road According to the dedication filed in Official Records Book 382, at Page 807 and 808 and the 30 foot wide strip of land conveyed to Collier County in Quit Claim Deed filed in Official Records Book 879, Page 1693, all of the Official Records of Collier County, Florida and being more particularly described as follows: Commencing at the Northeast corner of Section 20, Township 51 South, Range 27 East, Collier County, Florida thence run North 89 005'03" West 1354.36 feet to the Point of Beginning; thence South 00 000 `41" East 1305.31 feet to a point on the North Right -of -Way of U.S. Highway 41; thence along the Northerly Right -of -Way of said Highway North 56 °29'06" West 1052.78 feet; thence North 36 °24'50" East along the Easterly Right -of -Way of said Riggs Road for 410.89 feet; thence North 00 °01 '30" West along the Easterly Right -of -Way of said Riggs Road 357.83 feet to a Point on the North line of said Section -28; thence South 89 005 `03" along the North line of said Section 20 for 602.18 feet and the Point of Begd �f COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEROW20120000960 Board of County Commissioners, Collier County, Florida Vs. Dominick Cammuso Violation of Collier County Code of Laws and Ordinances, Chapter 110 Road and Bridges, Article II Construction Right of Way, Division 1 Generally, Section 110-31 (a) Danny Condomina, Code Enforcement Official Department Case No. CEROW20120000960 DESCRIPTION OF VIOLATION: No Collier County Right-of-Way permits for entrance driveway on drainage swale. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Right-Of-Way permit(s) and inspections through final approval, and/ or remove all offending materials from the right-of- way for any activity not permitted with a valid Collier County Right-Of-Way permit 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Dominick Cammuso Inv. Danny Condomina Department Case No CEROW20120000960 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages, Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120000965 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DOMINICK CAMMUSO, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 11820 Riggs Road Naples, FL SERVED: DOMINICK CAMMUSO, 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 audience sera conducida en 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. 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. CENA20120000965 Dominick Cammuso, 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 Code of Laws and Ordinances, Chapter 54, Section 54- 181 and Collier County Land Development Code 04 -41 as amended, Section 2.02.03. 2. Description of Violation: Unauthorized accumulation of litter consisting of but not limited to: concrete, re -bar, vegetative material, ect. Vegetative material and topsoil stored on property exceeding the amount allowed as part of the accessory to the wholesale nursery operation. 3. Location/address where violation exists: 11820 Riggs Rd, Naples, Florida 34114, Folio # 00770080800 4. Name and address of owner /person in charge of violation location: Dominick Cammuso, 9168 The Lane, Naples, Florida 34109 5. Date violation first observed: January 20, 2012 6. Date owner /person in charge given Notice of Violation: January 25, 2012 7. Date on/by which violation to be corrected: February 24, 2012 8. Date of re- inspection: March 7, 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 7-r 'i day of lx '�' ,1 2012 Danny CDndom na e °Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this day of WV, 2012 by (ignature of Nota4 Public) (Print/Type /Stamp Commissioned I�A-A L')nCt0' - -' ti" Name of Notary Public) Personally known or produced identification -NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced Kerry Adams h Commission # EE005769 ERpires: JUNE 30 2014 BONDED THRU , ATT Ah rIC BONDING CO., INC. REV 8 -19 -11 Case Number: GENA20120DO0965 Date: January 24, 2012 Investigator: Danny Condomina Phone:2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CAMMUSO, DOMINICK 9168 THE LANE NAPLES, FL 34109 Location: 11820 Riggs Road Unincorporated Collier County Zoning Dist: A Property Legal Description: 20 51 27 COMM AT NE CNR SEC 20N89DEG 05103 "W 1354.35FT TO POB, SODDEG DO'41 "E 1305.31 FT N56DEG 29'06 "W 1052.78FT,N36 Folio: 770080800 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article [X, 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: Unauthorized accumulation of litter. Collier County Code of Laws , Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54 -181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. 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: Unauthorized accumulation of litter consisting of but not limited to: concrete, re -bar, vegetative material, ect. Vegetative material and topsoil stored on property exceeding the amount allowed as part of the accessory use to the wholesale nursery operation. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must remove any unauthorized accumulation of litter from the property to a site intended for final disposal and /or obtain approval for proper disposal in conformance with federal, state, and local laws and regulations. 2. Must remove any unauthorized accumulation of vegetative material /topsoil to a site intended for a final disposal or a site authorized for such storage. ON OR BEFORE: 02/24/2012 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 ,emains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED_T0ZODE ENFORCEMENT 2800 rth Hors shoe Dr, Naples, FL 34104 In 0497ato� Si ure P ne: 23 2 2 2440 FAX: 239 252 -2343 Danny Condomina I Printed C- SS�S -��-S Date ,1z k-� AFFIDAVIT OF SERVICE Code Case Number: CENA20120000965 Respondent(s): CAMMUSO, DOMINICK THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)) XNotice of Violation _Notice of Hearing Notice of Hearinglimposition 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 served the above described document(s) for the above respondent(s) to Paul Cammuso Father of owner at 3761 E Tamiami TrL on JANUARY 25 2012 (Date), at 12:40 Pm (Time). (Signature o ode = Enforcement Official) Danny Coj3d6T!5ina STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this & day of /222/ 1n2c < 2012 by Danny Condomina (Name of person mak�. g statement) NUd'ALt PUBLIC -STATE OF FLORIDA Kimberly Brandes Commission # DD926130 Expires: SEP, 17, 2013 BONDED THRU, AT7 L,477c Rn\-nn;r, rn n,_ (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced \ V AFFIDAVIT OF.POSTING Code Case Number: CENA20120000965 Respondent(s): CAMMUSO, DOMINICK THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable documents)] 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 personalty posted the above described document(s) for the above respondent(s) at 11820 Riggs Rd., on JANUARY 25. 2012 (Date), at 1:43 PM (Time), and at the X Collier County ourthouse _ Immokalee Courthouse (Signature ode Enforcement Official) DanrfS�C'ondomina STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this �I,� —day of 2012 by Danny Condomina (Name of person maki,!�' statement) (Signature of Noraqr-Public�'NOTiARYPUBLIC-STATE OF FLORIDA Famberly Brandes Commission # DD926130 . =` Expires: SEP.17, 2013 BOLDED THRU ATLA FIC BONDING CO., INC. (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): Case# CENA20120000965 DC -31 NOV CAMMUSO, DOMINICK 9168 THE LANE NAPLES, FL 34109 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 S O o.. Code Case Number: CENA20120000965 Postage Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee fFndnceAmanr Gend�e.i� � 0 Ln Case# CENA20120000965 DC -31 NOV r_9 CAMMUSO, DOMINICK a 9168 THE LANE NAPLES, FL 34109 I Kimberly Brandes, 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 9168 THE LANE NAPLES, FL 34109, on January 26, 2012, at 2:30Pm. (Signature of -Code Enf' ment Offici Kimberly Brandes f orc STATE OF FLORIDA COUNTY OF COLLIER Sworn j; (or affirmed) and subscribed before me this &p/ day of January , 2012 by Kimberly Brandes (Name of person making statement) ignature of Not f�' TA7'E OF 0 No? Barbara J. Garbrougb Commission # DD 374207 Expires: MAR. 3, 2014 BONDED THRU AAA \�C BOtIDLti (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced -W Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 11 Print your name and address on the reverse so that we can return the card to you. 5 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed tc: Case# CENA20120000965 DC-3 CAMMUSO, DOMINICK 9168 THE LANE NAPLES, FL 34109 Sionature Teceiv by (Printed— Name) 0. D� e of D iven pf 1,rE D. Is delivery address different from item 1 `Yes If YES, enter delivery address below: ❑ No 1 N OV, �3 rvice Type Certified Mail ❑ Express Mail iril Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label) 7011 1570 ODOO 00614 4965 PS Form 3811, February 2004 Domestic Return Receipt ❑ Yes Avc) V -'Ze; 102595-02-M-154, Municode Page l of 1 Sec. 54 -181. - Unauthorized accumulation of titter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. (Ord. No. 2005 -44, § 7) http:// library. municode .r,omlprint.aspx ?clientID = 10578 &HTMRequest =http %3 a %2f%2flib... 3/1/2012 Municode Page 1 of 1 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:// library. municode .com /print.aspx ?clientID =13 992 &HTMRequest =http %3 a %2f%2flib... 3/1/2012 l-Ulvz SJV,VVV.VV Prepared by and return to: Harold J. Webre, Esq Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL 34103 File Number: Cammuso Parcel Identification No. 00770080800 [Space Above This Line For Recording Datal Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 26th day of August, 2011 whose post office address is 11825 Riggs Road, Nap1 Dominick Cammuso whose post office addre :�ISJ�9,, a Florida, grantee *, ei Witnesseth that said grantor, for an 'in good and valuable considerations to sad g has granted, bargained, and sold to tl�re s� situate, lying and being in Collier County See Attached Exhibit "A" ll, between Flamingo Bend Nursery, Inc., a Florida corporation -o. the County of Collier, State of Florida, grantor *, and he" n N� s, FL 34109 of the County of Collier, State of of the sum of TE AN1O /100 DOLLARS ($10.00) and other pa� d b is grantee the )receipt whereof is hereby acknowledged, Es tee s �iOii s.4n sigrt forever, the following described land, Subject to: (a) real property lorem taxes accruingsec ued�e1December 31, 2010; (b) zoning, building code and other use spa 'ons imposed by govrnmejta.lrirthority; (c) outstanding oil, gas and mineral interests of reco r (d) restrictions, rese trans and easements common to the subdivision. `�'��_�1�;�`/ and said grantor does hereby fully warrant the'title toantt;- v�i)1 defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Flamingo Bend Nursery, Inc., a Florida corporation Mark Kalmanek, President C arrI n, Yovanavlch & Koester, P.A, 4001 Tamlaml Trall N. 5ufte 300 n /7 _ _. State of Florida County of Collier a� The foregoing instrument was acknowledged before me this? 6th day of August, 2011 by Mark Kalmanek of Flamingo Bend Nursery, Inc., a Florida corporation, on behalf of the corporatiotIe /she (, is persoi�lrnown to me or [X] has produced a driver's license as identification. / n 1 [Notary Sea]] CENDY L. SMALLWOOD ss,•'��P�yFa Comm# DD0880748 _ Expires 6/62013 "�A °•`' Florida Nora y.—..c . ............ .n.... ti / V SJ My Commission Expires: 0 - ,�- -a01 ./--� (-rn) EXHIBIT "A" LEGAL DESCRIPTION Being that part of that portion of the Northwest quarter of the Northeast quarter lying North of U.S. Highway #41 (Tamiami Trail) in Section 20, Township 51 South, Range 27 East except that parcel of dedicated to Collier County and used presently.as a street named Riggs Road According -to the dedication filed in Official Records Book 382, at Page 807 and 808 and the 30 foot wide strip of land conveyed to Collier County in Quit Claim Deed filed in Official Records Book 879, Page 1693, all of the Official Records of Collier County, Florida and being more particularly described as follows: Commencing at the Northeast comer of Section 20, Township 51 South, Range 27 East, Collier County, Florida thence run North 89 °05'03" West 1354.36 feet to the Point of Beginning; thence South 00 °00 '41" East 1305.31 feet to a point on the North Right -of -Way of U.S. Highway 41; thence along the Northerly Right -of -Way of said Highway North 56 029'06" West 1052.78 feet; thence North 36 °24'50" East along the Easterly Right -of -Way of said Riggs Road for 410.89 feet; thence North 00 °O1 `30" West along the Easterly Right -of -Way of said Riggs Road 357.83 feet to a Point on the North line of said Section -29; th� a South 89 °05 `03" along the North Iine of said Section 20 for 602.18 feet and the Point of Beiaidarc �-� �, k S'. i COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20120000965 Board of County Commissioners, Collier County, Florida Vs. Dominick Cammuso Violation of Code of Laws and Ordinances, Chapter 54 Environment, Article VI, Weeds Litter and Exotics, Unauthorized accumulation of litter, Section 54-183 and Collier County Land Development Code 04-41 as amended, Prohibited Use, Section 2.02.03. Danny Condomina, Code Enforcement Official Department Case No. CENA20120000965 DESCRIPTION OF VIOLATION: Unauthorized accumulation of litter consisting of but not limited to: concrete, re-bar, vegetative material, ect. Vegetative material and topsoil stored on property exceeding the amount allowed as part of the accessory use to the wholesale nursery operation. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount 4,61.7-incurred in the prosecution of this case within 30 days and abate all violations by: 1. Remove any unauthorized accumulation of topsoil and litter consisting of but not limited to: vegetation material, concrete, etc. from property to a site intended for final disposal or an area on the property authorized for such storage and/or obtain proper disposal in conformance with federal, state, and local laws and regulations within days of this hearing or a fine of $ per day will be imposed until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Dominick Cammuso Inv. Danny Condomina Department Case No CENA20120000965 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD201 1 001 3644 COLLIER COUNTY, FLORIDA, Plaintiff, vs GISELLE & ALEJANDRO MELENDI, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3680 4th AVE SE SERVED: GISELLE & ALEJANDRO MELENDI, 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 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 traductor, 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110013644 GiseIle and Alejandro Melendi 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) and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Attached garage enclosed and turned into living space, detached garage and swimming pool with enclosure built without Collier County Building Permits. 3. Location/address where violation exists: 3680 4"' Ave SE. Naples, FL. 34117 Folio # 40865680007 4. Name and address of owner /person in charge of violation location: Giselle and Alejandro Melendi 18361 SW 82 '6 Ave. Palmetto Bay, FL 33157 5. Date violation first observed: September 29th, 2011 6. Date owner /person in charge given Notice of Violation: November 4th, 2011 7. Date on/by which violation to be corrected: December 2nd, 2011 S. Date of re- inspection: April 9th, 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 day of April, 2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER c Sworn to (or aTffirmed) and subscribed before this jr? day of 2012 by (Signature of Not�ry Z�or ) U (Print/Type /Stamp Commissioned Name of Notary Public) Personally known produced identification Type of identification produced NOTARY PUBLIGSTATE OF FLORIDA Kimberly Brandes :Commission tt DD926130 Expires: SBP.17, 2013 BOn -DED rHF.L' AT1 -' nC BO�i �G CO.,II C REV 8 -19 -11 Case Number: CESD20110013644 Date:November 4th„ 2011 Investigator: Patrick Baldwin Phone: 239 - 252 -5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MELENDI, GISELLE & ALEJANDRO . 18361 SW 82ND AVE PALMETTO BAY , FL 33157 - Location: 3680 4th AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 80 E 75FTOF W 150FT + W 75FT OF E 180FTOF TR 59 Folio: 40865680007 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) 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(13)(1)(e)(i) 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 : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a uilding 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).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Attached garage enclosed and turned into living space, detached garage and swimming pool with enclosure built without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 12/2/2011 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: INQUIRIES AND COMMENTS SHOULD BE 16'vestigator Signature ,' atrick Baldwin DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient AFFIDAVIT OF MAILING Respondent(s): Case# CESD20110013644 PB -23 NOV MELENDI, GISELLE & ALEJANDRO 18361 SW 82ND AVE PALMETTO BAY, FL 33157 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)l XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: Code Case Number: CESD20110013644 r Jl : • - • - rt.t • . cO =L. c ru Postage co - r„� Certified Fee ° Return Receipt Fee Postmark �. ° (Endorsement Requiretl) HereiY Restricted Delivery Fee p (Endorsement Reauiredl m -- — r- 1 ru Case# CESD20110013644 PB -23 NOV La;�PALMETTO MELENDI, GISELLE & ALEJANDRO ° 8361 SW 82ND AVE BAY, FL 33157 I Kimberiv Brandes, 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 18361 SW 82ND AVE PALMETTO BAY . FL 33157, on November 4.2011, at 10:30AM. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this .��ay of November 2011 by Kimberly Brandies e,(Neme of perso making statement) (Signature of N to -P blic) SMIRLEY GARC NOTARY PUBLIC STATE OF F'LORIC,0 i',%'Rj_ ^.,tnnm# 00091.: -. Expires 1214112f1'13 (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20110013644 Respondent(s): .1ELENDI, GISELLE & ALEJANDRO THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [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 Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3680 4th AVE SE , on 11 -4 -2011 (Date), at _2:00pm (Time), and at the _X—Collier County Courthouse _ Immokalee Courthouse. Signature of Code Enforcement Official) . ,atrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of _�} `,� _,9Lc3r2, by Patrick Baldwin (Name of person making statement) (Signature of Notary ublic) O RY PUBLIC-STATE OF FLORIDA Kimberly Brandes :.commission DD926130 Expires: SER 17, 2013 BONDED TIM -A i 1 1h IC BONWIZG Co., INC, (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF FLORIDA .000NTY COMMISSIONERS OF COLLIER COUNTY, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91 -102 AS AMENDED; PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE RECODIFICA70N OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC, 1.01.00 TITLE, SEC. 1.02-DO AUTHORITY, SEC. 1.03.D0 RULES OF CONSTRUCTION APPLICABILITY, SEC. 1.x5.00 FINDINGS, PURPOSE AND INTEENT, SEC, 1.o6�DO RULES OF INTERPRETATION, SEC. 1.07,00 LAWS ADOPTED BY REFERENCE SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC, 2.01.00 GENER„LILY SEC. 2.0200 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC, 2.D4.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY B_ ONUS, SEC, 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION INCLUDING SEC. 3.01.DO GENERALLY, SEC'. 3.D2.DO FLOODPLAIN PROTEC- TION, SEC, 3.03.D0 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES SEC. 3.05.00 VEGETATION REMOVAL, PROTI =G TION, AND PRESERVATION, SEC, 3.06.00 WE I I FIELD AND GROUNDWATER PROTECTON; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.D0 SUBDIVISION DESIGNAND LAYOUT SEC. 4.04.D0 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.D0 OFF - STREET - PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION TENTION, SEC, 4.07.D0 DESIGN .STANDARDS FOR UNIT "DEVELOPMENTS., SEC 4.08.fl0 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES 1N CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, 'INCLUDING SEC. 6.01.00 .GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC, 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USESAND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. S. C)6.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUG TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILMES REQUIREMENTS, INCLUDING SEC. 6.01 C)0 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS SEC, 6.03.00 WASiEWAT ER SYSTEMS AND IMPROVEMENTS STANDARD, SEC, B,D4.D0 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00. WATER VANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS SEC. 6,p6.D0 TRAISPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER B - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01.00 GENERALLY, SEG 8.0200 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.DO PLANNING COMMISSION, SEC. 8.04.00 BOARD OF 8.06.00 ZONING APPEALS, SEG, 8.05.D0 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEG. ENVIRDNMENTAL ADVISORY COUNCIL, SEC. 8.07,00 H)STOR)C /ARCHAI= OLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 6.09.D0 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC, 9.ol.D0 GENERALLY, .SEG, 9.02.00 A70NS OPMENTWITH VESTED RIGHTS, SEC. 9.03,00 NONCONFORMITIES, SEC. 9.0.4:40 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES, INCLUDING SEC. 10.01-00 GENERALL}, SEC. 10.0200 APPLJCATIO.N REQUIREMENTS, SEC. -10.03.DO B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of.fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of, any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). i E3. Building or land Alteration Permits. Building or land alteration-permit and certificate of occupancy compliance process. a. Zoning action on building orland 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, A19SOLUTS TITLE LLC 10661 N. Klan uz DRIVE *204 HIS, FL 33176 Parcel YD N. ber. 40865680007 Warranty Deed 10661 N [BMDALL DR #204 XIANI YL 33116 This Indenture, Made this 30th day of March , 2005 A -D.. Between JOHN SHORBA III A /X /A JOHN SHORBA and MICHELLE LEE SHORBA A /K /A MICHELLE SHORBA, husband and wife of the county of Collier , State of Florida , grantors, and GISLT.T.1P. Mri'm DI i, AL E,1A"ND4:0 M ELEND� i hc°2 h/�SbA�U whoie address is: 3680 4TB AVENUE NE, Naples, FL 34117 of the county of Collier , state of Florida , grantee. WitnegSeth that the GRANTORS, for and in considwubon of rho sum of ------------ - - - - -- - -- -TEN DOLLARS ($10)----------------- - - - - -- DOLLARS. and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the rccaipt whereof is horoby acknowledged, have grantaL bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forcvcr, the fol {owing described land. situate, lying and being in the County or Collier Stme of Florida to wit: THE WEST 75 FEET OF THE EAST RACT 59 AND THE LAST 75 FEET OF TRACT 59, GOLDEN GATE E CORDING TO THE PLAT THEREOF, AS RECORDED IN .HUOIC 5 AT PA 8 OF THE PUSLTC RECORDS OF COLLIER COQIQTY , FLORA ., CV and the grantors do hereby fully warrant the title to said land, and will defend the some aonit lawful claims of all persons whomsoever. In Witness Whereof dw gramors have hereunto not their hunch and aeale the day and year fiat above written. Signed, sealed and delivered ' our presence: (Seal) Printed Name: o N f4 4 ABU SHORSA III A /K /A JOHN SHORBA Witness P.O, Addre ss: 3660 dTH AVENUE X38, Naples, FL 34117 r-7 n Printed Name: W+F,e OSA, p-� M MI LE SHOF3A A /IC /A C Witness SHO P.O. Address: 3680 4TH AVENUE 5E, Naples, FL 34117 STATE OF Florida COUNTY OF Collier The romping iruarumcnt was acknowledged before nw this 30th day of March , 2005 by JoWK SHORSA III A K1A JOEM SHORSA and MICHELLE LEE SHORSA A /K /A . C: 2- 'il voI5L9 Page 1 of 1 k8,\ „ _ : * ..!,...:I: \ . ,4-71:'**" #.; ',1/4 "fik 1 O' 7 '4 "'"i 4,... ,, . ,.. 4,14 4. 10,1*...0 ji f , 4,,,,. ^ Y s J 1,y \„, li .. . ,.. , a.. x ,;�. 0 ,, ,,,,,,iv .,,,,„ # , ... . 0.4,, ,-7' - . ..,Nr; ¢} te . IIIIIht Air.'.L' .. 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'•!#"' ' ' , - ' "-,,.1.1-14,,• .,', ..:, ;, 4 4 7 a 4 1 1 ' ' )--• '''‘ -.. _ ____. 4.. 7....-s. -7-7.• 747-7-7..,, ■7st-,4- ‘"111177 ''' 1 -144411ZIOC,P4, ;-'7747 w; „...77.7ss.1 4)0 ;:..-• 1 ' - 1t:'''''''11”" - '44 i • , -•.'1*.:'•-• ,.4.01;...4 ,, ' , -,- .. '... t. • E : . . ., . • " ,.,0..„. ' 4 .-4' •• 'I,-,`44 . : '°I' -•..- F,',457.4.•';°: .-%,. , t ' -11 • - r . . .., • ‘,..,,, , . . ,.. :. 0 , , , ... l • 5 1- .. ( . ..::. '' ■ V . A 4 . - . .. - ,• ., . , .. . . .... .. ,,_ ;•', I'•!:-,, ,... COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110013644 Board of County Commissioners, Collier County, Florida Vs. Giselle and Alejandro Melendi Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20110013644 DESCRIPTION OF VIOLATION: Attached garage enclosed and turned into living space, detached garage and swimming pool with enclosure built without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Giselle & Alejandro Melendi Inv. Patrick Baldwin Department Case No CESD20110013644 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20110006426 COLLIER COUNTY, FLORIDA, Plaintiff, W CARLISLE/WILSON PLAZA LLC, Respondent(s) JOHN P WHITE, Registered Agent 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION: 50 Wilson BLVD S Unit:1 Naples, FL50 Wilson BLVD S, Unit:1 SERVED: CARLISLE/WILSON PLAZA LLC, Respondent JOHN P WHITE, Registered Agent 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 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 T.AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienoia 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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CES20110006426 Board of County Commissioners vs. Carlisle/ Wilson Plaza, LLC., Respondent(s) Violation(s): Ordinance 04 -41, The Collier County Land Development Code, as amended, Sections 5.06.11(A)(1) and 5.06.07(A) Location: 50 Wilson Blvd. S Naples, FL Folio # 37221120305 Description: Pole sign- Wilson Plaza, altered without required permit. Wall sign- Farmer Jack's Supermarket, altered without required permit Past Order(s): On January 19, 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 4760 PAGE 546, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 February 19, 2012 — March 22, 2012 (68 days) for the total of $6,800.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $6,880.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CES20 1 1 0006426 INSTR 4652679 OR 4760 PG 546 CARLISLE /WILSON PLAZA, LLC. RECORDED 1/31/2012 3:13 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent 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 January 19, 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 Carlisle /Wilson Plaza LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing but entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 50 Wilson Blvd. S., Naples, FL, Folio 37221120305, more particularly described as Portions of Tracts 17 and 18 GOLDEN GATE ESTATES, Unit No. 13, being more particularly identified in Exhibit "A" attached hereto is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 5.06.11(A)(1) and 5.06.07(A) in the following particulars: Pole sign — Wilson Plaza, altered without required permit. Wall sign — Farmer Jack's Supermarket, altered without required 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, sections 5.06.11(A)(1) and 5.06.07(A) be corrected in the following manner: 1. By obtaining all Collier County Permits and requesting all required inspections through certificate of occupancy /completion or by removing the sign including the sign supports and all elements associated with the sign within 30 days (February 18, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 18 2012, then there will be a fine of $100 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. Thai the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of`- y,0Lr? , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:- --- -'� Kenneth _Kelly —Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ;y> day of 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier. County, Florida, who is % personally known to me or who has produced a Florida Driver's License as identification. y I KRISTINE TWENTE `� aY NOTARY PUBLIC Notary Public - State of Florida My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 °° Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to Carlisle/Wilson Plaza LLC, c/o John P. White PA, 1575 Pine Ridge Road, Ste. 10, Naples, FL 34109 this day of tyy ,� �^ , 2012. M. Jean,-Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 S c r,; r �, E ii l✓ A (23 9) 263 -8206 - Outa-Tg Of COLLIER 1 b;ER _EQ1Y `CER�i Y THAT this is a 4 to art# co-)V a °cot:l6i7t#a!7$ an fllB in t 'inutes Bpd rit<cOrG8 of �.C2W:�Ci l�`iruE'i my P�v 1 S R . -.'4'• ♦ .. 'r°ry i3s Rt7 i ."!1`Tlclal Seal this Clad' of lc� fig► . �R4�.' :CLERK OF COURU 7DP9a F+1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs CARLISLE /WILSON PLAZA LLC, Defendant(s) AFFIDAVIT OF NON- COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CES20110006426 BEFORE ME, the undersigned authority, personally appeared James Seabasty, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 19, 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 Collier County Permits and requesting all required inspections through certificate of occupancy /completion or by removing the sign including the sign supports and all elements associated with the sign within 30 days (February 18, 2012) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4760PG 546. 2. That the respondent did not contact the investigator. 3. That are-inspection was performed on February 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: Defendant failed to obtain all required permits and inspections and certificate of occupancy /completion or remove signs and supports and all elements associated with the sign by February 18, 2012 as ordered by the Code Enforcement Board.Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of February, 2012. COLLIER COUN =V, FLORIDA CODE ENFOR EMENT BOARD Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 24th day of February , 2012 by James Seabasty (Signature of Notary Public) .of,uI0z) m ,an N DT.i.rv'UV ...ofi 69LS00aa t, uotsstuiu10 (Print /Type /Stamp Commissioned Name of Notary Public) vQRi0I330 iv'Ls-�t'Ig(1db21�dLON Personally known tiI CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD2011,0001287 COLLIER COUNTY, FLORIDA, Plaintiff, vs SERGIO & SARA GARITA, 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: 04/26/2012 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: 420 15th ST SW Naples, FL SERVED: SERGIO & SARA GARITA, 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: Este audlencia 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 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. CESD20110001287 Board of County Commissioners vs. Sergio & Sara Garita, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 420 15th Street S.W. Naples, FL Folio 4 37011920003 Description: Expired Collier County permits without receiving all required inspections and a Certificate of Completion/ Occupancy for the pool and addition of a game room and lanai. Also, no Collier County permits obtained for the shed built in the rear yard. Past Order(s): On October 27, 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 4734 PAGE 2807, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 November 27, 2011 — April 26, 2012 (152 days) for the total of $30,400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid Total Amount to date: $30,481.15 INSTR 4624607 OR 4734 PG 2807 RECORDED 11/812011 3:40 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 COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. SERGIO AND SARA GARITA, Respondents CASE NO.: CESD20110001287 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 Sergio and Sara Garita 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 420 15'' Street S.W., Naples, Florida, Folio 37011920003 more particularly described as the South 205 feet of Tract 25, less the Southerly 50 feet of the Northerly 175 feet of the Easterly 330 feet of Tract 25, GOLDEN GATE ESTATES, Unit No. 9, according to the Plat thereof, as recorded in Plat Book 4, Pages 99 and 100, 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) in the following particulars: Expired Collier County Permits without receiving all required inspections and a Certificate of Completion/Occupancy for the pool and addition of a game room and lanai. Also, no Collier County permits obtained for the shed built in the rear yard. 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) 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 (November 26, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 26, 2011, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 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. DONE AND ORDERED this I- 0 2 day of U c V , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD Ka'u i e- Chair 2800 o rs oe Drive Naples i a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) v 0 The foregoing instrument was acknowledged before me this Z day of �,v_t b f � 2011, by Robert Kaufman, Vice -Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or i who has produced a Florida Driver's License as identification. au� KRISTIN TWENTE =01 NOTARY PUBLIC ;_ •�":z Notary Public - State of Florida 41 r •: My Comm. Expires Jun 18, 2015 My commission expires: ,,,,,1,; off: Commission # EE 87272 'cos F�¢''� 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. Mail to Sergio and Sara Garita, 420 15'h Street S.W., Naples, Florida 34117 thisG '-j-day of Gee !cr.K L�P.i 2011. �f III so _ M. le awson, Esq. ,pr xias. q iiQLLl y: =K _.. rida Bar No. 750311 �torney for the Code Enforcement Board I HEREMY CERTIFY THA'r si 23' 5 N. Tamiami Trail, Ste. 208 :orreCL copy pt a Document Naples, Florida 34103 Ott fue in (239) 263 -8206 910ard Minutes and .R9coros_ ot-00t#W (gyp cl my hen Tltl* aar of, .I� ., N1 ttT E. 9 ft0tA . ,CLERK AF Q( COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Sergio and Sara Garita, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.CESD2011001287 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: 1. That on October- 27`x' 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) ordered to obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion /occupancy within 30 days (November 26, 2011) or $200 per day will be imposed and pay operational cost of $81.15 within 30 days. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4734 PG 2811. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on December 5t" 2011. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Pool remains and no permits obtained . FURTHER AFFIANT SAYETH NOT. DATED this day c 1, STATE OF FLORIDA COUNTY OF COLLIER S �to(or f e d) and subscribed before me this (Signature of Notary Public) COLLIER COUNTY, FLORIDA CODE -EF FORCEMENT BOARD Christopher Ainbach Code Enforcement Official t U day o�J�kJ201 l by N tr-i5' 4hiyAj\'� NOTARY PUBLIC -STATE OF FLORIDA Cc ?,ee, Crawley (Print /Type /Stamp Commissioned ' COi�rT'r'sro A EE129317 ..'!`, Expires. JUNE 07 Name of Notary ublic , 2014 y ) BOND2�IHRQA�y`1ICBONDINGCo.,INC. Personally known � REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs SERGIO & SARA GARITA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CEPM20110001296 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: 04126/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Private Pool Maintenance - Dwelling22- 231(15) LOCATION OF VIOLATION: 420 15th ST SW Naples, FL SERVED: SERGIO & SARA GARITA, 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 ASS ASSISTANCE, PLEASE LISTENING CONTACT THE COLLIER COUNTY THE HEARING IMPAIRED FARE AVIAILABLEIN HE COUNTY COMMISSIONERS EAST TAMIAMI TRAIL, NAPLES FLORIDA NOTIFICACION: Este audiencia sera conducida,en 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. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20110001296 Board of County Commissioners vs. Sergio & Sara Garita, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article Vl, Section 22- 231(15) Location: 420 15'h Street S.W. Naples, FL Folio # 37011920003 Description: A green and stagnant pool not protected by the elements Past Order(s): On October 27, 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 4734 PAGE 2809, for more information. The property is in compliance with the Code Enforcement Board Orders as of January 11, 2012. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of $250.00 per day for the period between November 11, 2011 — January 11, 2012 (62 days) for the total of 515,500.00. Order Item # 6 Abatement Costs of $1,335.90 have not been paid. Order Item # 7 Operational Costs of $80.86 have not been paid Total Amount to date: $16,916.76 INSTR 4624608 OR 4734 PG 2809 RECORDED 11/8/2011 3.40 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. SERGIO AND SARA GARITA, Respondents CASE NO.: CEPM20110001296 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 Sergio and Sara Garita 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 420 156' Street S.W., Naples, Florida, Folio 37011920003 more particularly described as the South 205 feet of Tract 25, less the Southerly 50 feet of the Northerly 175 feet of the Easterly 330 feet of Tract 25, GOLDEN GATE ESTATES, Unit No. 9, _according to the Plat thereof, as recorded in Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15) in the following particulars: A green and stagnant pool not protected by the elements. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15) be corrected in the following manner: 1. By chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and providing bi- weekly treatment within 14 days (November 10, 2011). 2. Alternatively, by chemically treating the pool water, killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water within 14 days (November 10, 2011). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 10, 2011, then there will be a fine of $250 per day for each day until the violation is abated. 4. That, alternatively, if the Respondents do not comply with paragraph 2 of the Order of the Board by November 10, 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 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. 7. 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 j (';' , , 2011 at Collier County, Florida. 2800 N Naples, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) I:• 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 tome or / who has produced a Florida Driver's License as identification. KRISTINE TWENTE {- � `� %, o Notary Pubiic State of Florida ?� •� NOTARY PUBLIC •= My Comm. Expires Jun 18, 2015 My commission expires: Commission � EE 87272 �•',° Through National Notary Assn. ;; �� Bonded CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio and Sara Garita, 420 15`h Street S.W., Naples, Florida 34117 this f'_ I-f- day of 2011. wr l�kirx �- M. JeapXawson, Esq. I H ERERY CERTIFY THAT *A Is* TIM Florida Bar No. 750311 Attorney for the Code Enforcement Board :orrect CoDy'ot >~I-W, uPil @pt t3lt;1 A IA 2375 N. Tamiami Trail, Ste. 208 Board Pu4inutes anit R@IC®ri0s. of COI�tAr �1� Naples, Florida 34103 my ng a 1 (239) 263 -8206 )WIGHT E. MCC, CLERK Q+F.00MM COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COI\MSSIONERS, Petitioner VS GARITA, SERGIO & SARA, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEPM20110001296 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: 1. That on October 27, 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 4734 PG 2810 , et. seq. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 1/11/12. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by the pool being covered to HUD specifications by county contractor. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of January, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD � 1 Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this, �day of 2012 by Christopher Ambach (Signature ofNotary Public) NOTARY PUBLIC- :i1'A; E OF FLORIDA (Print/Type /Stamp Connnissioned Name of Notary Public) Personally knovm � Kerr,, Adams g nommission # EE005769 •, Expires JUNE 30, 2014 BONDED THRU 6, -_'M PIC 20jVD24G CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA L RAMIREZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20090000972 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: 04126/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22- 26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, 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 en 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. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090000972 Board of County Commissioners vs. Maria L. Ramirez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4) Location: 3440 35th Avenue N.E. Naples, FL Folio # 39956600004 Description: Expired fence permit 2007052601 without CO. Fence construction started on property. Past Order(s): On November 18, 2010 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 4629 PAGE 250, for more information. An Extension of Time was granted on April 28, 2011. See the attached Order of the Board, OR 4681 PAGE 2033, for more information. An additional Extension of Time was granted on August 25, 2011. See the attached Order of the Board, OR 4718 PAGE 1659, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 January 23, 2012 — April 26, 2012 (95 days) for the total of $14,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of $79.72 have been paid Total Amount to date: $14,250.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MARIA L. RAMIREZ, Respondent CASE NO.: CESD20090000972 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 150 days (January 22, 2012). Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this `day of , 2011 at Collier County, Florida. �oumy of COLLIER HEr RE! -:nE -R 1R -HA Mrs 1s a tUa and coO)k 0!�,a G0,- t nehT a.%,fl1e In acs'_ .401LAa, a;6 Rl c6r6�- 6ftot- er County yt 1. .)WIGHT E. 5 A L. a✓ = a'i71GT� CODE ENFORCEMENT BOARD COLLIER COUNTY, FL BY: Kennet ritei1 Na 2800 North Horseshoe Drive Naples, Florida 34104 INSTR 4605806 OR 4718 PG 1659 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) The foregoing instrument was acknowledged before me thiaL�day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida who is impersonally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE F`B '= y NOTARY PUBLIC Notary Public State of Florida My Comm. Expires Jun 18, 2015 My commission expires: `o`,Z commission # EE 87272 „1 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 Maria L. Ramirez, 3440 35`h Avenue N.E., Naples, FL 34120, Naples, Florida 34102 this "' day of0, t,—G , 2011. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 NT. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090000972 VS. INSTR 4560696 OR 4681 PG 2033 MARIA L. RAMIREZ, RECORDED 5/13/2011 8:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA / REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIV[E THIS CAUSE came on for public hearing before the Board on April 28, 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 (July 29, 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 day of I , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO Y, LO jtatm W F cs;WUA BY: ,:oum 0t COLUER Ke elly, Chair 2800 North Horseshoe Drive I HEREBY CERTIFY THAT tom! 19 a O OW Naples, Florida 34104 c-.W wt cony of a Wcumem QA fta ift rd Pin' etas aPd ROW01 Of -CO Cho ......., y1TAMESS my hania am offW0 M1 ft, . 10T ,Uz STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a ti g g g day of j'YV.,1 2011 y 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.r�.�.�•/ I�- 'l,�') ,1,�� —Ilia �� KRISTINE TWENTE NOTARY PUBLIC Notary Public - State of Florida • My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 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 Maria L. Ramirez, 3440 35`h Avenue N.E., Naples, FL 34120 this �lay of 1,.2011. M. Jeari awson, 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. MARIA L. RAMIREZ, Respondent CASE NO.: CESD20090000972 INSTR 4501469 OR 4629 PG 250 RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT 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, 2010, 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 Maria L. Ramirez 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 3440 35`h Avenue N.E., Naples, FL 34120, Folio 39956600004, more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) in the following particulars: Expired fence permit 2007052601 without CO. Fence construction started on property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, as attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article II of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit, or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 120 days (March 14, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2011,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 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 $79.72 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 "` 1` day of t,,�Q\j , 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: C _� Kenneth Kui1y;-C air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this �� ! day of Cj, tj r r "v%�� 2010, b — 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. KRISTINc H11 TON MY COMMISSION 7k CD 686595 `-`• �� o EXPIRES: June 18, 2011 Bonded Tnru Notary Public Underwriters 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 Maria L. Ramirez, 3440 351h Avenue N.E., Naples, FL 34120 this 7-2-"- -day of ti G , 2010. ,a. n/ 'i� M. jearyf%wson, Esq. ;Ounty of COWES ` ` ` -' Florida ar No. 750311 Attorney for the Code Enforcement Board 1 HEREBY CERTIFY THAT tip a 2375 N. Tamiami Trail, Ste. 208 .arrect copy of . a oocurriont vA the, Naples, Florida 34103 Board Minutes and' ReC0t0S`,0t,CC911'*r C*U* (239) 263 -8206 Y ' IS rrty nolk ifiidal �lesFtw bay of c C? �1R►liGHT E. 8RUGJtt:- CLERk*F CQUIiM BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petif b-ner, vs. Case No.CESD20090000972 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000972 dated the 29th day of January, 2009. 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 $ `1 °,'�� 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, request all related inspections, throu,�h to issuance of Certificate of Completion within 15 -D 'vv �! days of this hearing or a fine ofl$ `''per ey 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 and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abateplkKghall be assessed to the property owner. Respondent or Representative (sign) ��+ Diane Flagg, Director Code Enforcement Department 6m- I - I �, � �� , � Respondent or Representative (print) Date Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. RAMIREZ, MARIA L, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090000972 BEFORE ME, the undersigned authority, personally appeared Cristina Perez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain a Collier County Building /Demo permit, all required inspections and Certificate of Completion as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 250. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 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: Building permit has not received all required inspections nor a Certificate of Completion FURTHER AFFIANT SAYETH NOT. DATED this 21 st day of March, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Cristina Perez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER M S orn o (or affinned nd subscribed before me thial3day of t , ,Gr(�J , 2012 by Cristina Perez ��KuLla� (Signature of Notary Public) (a (Print/Type /Stamp Corrunissioned Name of Notary Public) Personally known � JiOTARY PUBLIC -STATE OF FLORIDA ! ,, Colleen Crawley Commission # EE129317 Expires: JUNE 07, 2014 �ONDE% TiiR L',ATLA`'T1C BONDING CO.,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20090000973 COLLIER COUNTY, FLORIDA, Plaintiff, vs MARIA L RAMIREZ, 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: 04/2612012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110 -31(a) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, 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 conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is 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. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20090000973 Board of County Commissioners vs. Maria L. Ramirez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 110, Article II, Division 1 generally, Section 110 -31(a) Location: 3440 35th Avenue N.E. Naples, FL Folio 439956600004 Description: Expired right of way permit 07- 0945 -E, construction debris still on the property driveway, not complete. Past Order(s): On November 18, 2010 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 4629 PAGE 244, for more information. An Extension of Time was granted on April 28, 2011. See the attached Order of the Board, OR 4681 PAGE 2035, for more information. An additional Extension of Time was granted on August 25, 2011. See the attached Order of the Board, OR 4718 PAGE 1661, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 2012. The Fines and Costs to date are described as the followinLy: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between January 23, 2012 —April 26, 2012 (95 days) for the total of $19,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have been paid Total Amount to date: $19,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. MARIA L. RAMIREZ, Respondent CASE NO.: CEROW20090000973 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 150 days (January 22, 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 irit 2011 at Collier County, Florida. :tart. rt I Lt;'Nl0h 'ounry of COLLIER HEREE'Y CEk1zt'�Y FiA r a t-as anti :ors copy ofa- a5ein9-t ptt.fxe in 3oa finutesand Recoras -&- -Iler County u 1 r �sEu� rnv R E o at- doffG�`Ial -spa! this CODE ENFORCEMENT BOARD COLLIER CO Y; �RIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 INSTR 4605807 OR 4718 PG 1661 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) The foregoing instrument was acknowledged before me this _)C 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. J �( n o�,aYPu , KRISTINE TWENT]Florida '�� B�� -; Notary Public • State of NOTARY PUBLIC My Comm. Expires Jun 1My commission expires: Commission � EE 8°; ;; Bonded Through National No CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U ^S. Mail to Maria L. Ramirez, 3440 35`i' Avenue N.E., Naples, FL 34120, Naples, Florida 34102 this �_ ,_,` day of ( t 2011. J 1 M. Jean R n, 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. MARIA L. RAMIREZ, Respondent CASE NO.: CEROW20090000973 INSTR 4560697 OR 4681 PG 2035 RECORDED 5/13/2011 8:27 AM 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 April 28, 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 (July 29, 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. Florida. DONE AND ORDERED this day of 1 1 " \Cu_,� , 2011 at Collier County, l ;ounxy of CQLULN 1 HEREDY CERTIFY THAT thtS is a UW OW :arrect Coot' of a aocument an ma do rd Wnutes and Re as of COW Celt ckAjtSS MV han an�- r: clay co CODE - ENFORCEMENT BOARD COLLIER COUNT -FLO BY: Kenhetl_Kay -, Cir 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. �.�;j'a"' "'•a,� KRIST116 T+"TE s Nwry Public - Sbte of Fw tdx 8• •: My Gomm. Expires Jun 18, 201 cone "W" N EE 87272 80116d MWOnR floury AHII. 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 Maria L. Ramirez, 3440 35 h Avenue N.E., Naples, FL 34120 this ( L day of Ma -,, 2011. E M. Jean Rawson, Esq. Floric`la 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, CASE NO.:CEROW20090000973 Petitioner, VS. INSTR 4501467 OR 4629 PG 244 MARIA L. RAMIREZ, RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT Respondent REC $27.00 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE-B- ARD THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, d de heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions 1, That Maria L. Ramirez is the owner of the subject property . 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3, That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at particularly described as the East 75 fee t of h o e East 1150 fee f Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County. Florida is in violation of Collier County Code of Laws, Chapter 110, Article II, Division 1 generally, Section 110 -31(a) in the following particulars: Expired right -of -way permit 07- 0945 -E, construction debris still on the property driveway, not complete. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 110, Article II, Division 1 generally, Section 110 -31(a) be corrected in the following manner: 1. By applying for and obtaining a Collier County Right -of -Way permit, or by obtaining a demolition permit to restore right -of -way to its original state and obtaining all required inspections and certificate of completion within 60 days (January 17, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 17, 2011, 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. 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. 5. That the Respondent is 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. !- h DONE AND ORDERED this C� day of Q0,-) 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY— Al BY: i Kenneth- K-elly,�hair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA )SS: COUNTY OF COLLIER) u• 1— , The foregoing instrument was acknowledged before me this �� day of 2010, 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. - - - 'r ENE HUTON «: IN`(CO?,.9btiSSION 11 UQ 606595 NOTARY PUBLIC r, EXPIRES: June 10, 2011 My commission expires: Bonded Thru Notary Public Undenxnters I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L. Ramirez, 3440 35`h Avenue N.E., Naples, FL 34120 this 7Zr day of (�� o t 2010. -'M. ea Dawson, Esq. �jialft oil ; ounly Ot COLUES ` .Florida Bar No. 750311 Attorney for the Code Enforcement Board ! H ERE°'lY CERTIFY THAT 2375 N. Tamiami Trail, Ste. 208 ;orrect C01)y of a aoeument on Me � Naples, Florida 34103 , oarc iwlini3tes and Rawres at Wier CW* (239) 263 -8206 ESS my n and 6 a�at 4 ._ Gay °f �t(V HT E - SROG.k CLERK OF.-MUM BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CEROW20090000973 MARIA L. RAMIREZ Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20090000973 dated the 29th day of January, 2009. 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 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 Right -of -Way Permit or Demolition Permit to restore Right -of -Way to its original state, request all related inspections, through to issuance of Certificate of Completion within 60 days of this hearing or a fine of $200.00 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 and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs o i ent shall be assessed to the property owner. Respondent or Representative (sign) -or Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. RAMIREZ, MARIA L, Defendant(s) AFFIDAVIT OF NON- COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEROW20090000973 BEFORE ME, the undersigned authority, personally appeared Cristina Perez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on November 18, 2010, 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 obtain a Collier County Right- Of- Way/Demo permit, all required inspections and Certificate of Completion as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 244. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 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: no permit has been obtained. FURTHER AFFIANT SAYETH NOT. DATED this 21 st day of March, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD C A- 4 Cristina Perez 'J Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me thiQ1 day of (Y)LWty�,J , 2012 by Cristina Perez (Signature of Notary Public) 0 (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � NOTARY PUBLIC -STATE OF FLORIDA " Colleen Crawley Commission # EE129317 `••,,,,,..... Expires: JUNE 07, 2014 BONDED THRU ATLA`7TIC BONDING CO,, INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090005007 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROXANA SOROKOTY TR. , WALTER G. SOROKOTY JR. EST. CAMERON REAL EST. SERV. INC. ATTN: BRUCE MINER, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 2435 Tamiami TRL E Unit:9 Naples, FL SERVED: ROXANA SOROKOTY TR., WALTER G. SOROKOTY JR. EST. CAMERON REAL EST. SERV, INC.ATTN: BRUCE MINER, Respondent(s) Azure Botts, 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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090005007 Board of County Commissioners vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est, Cameron Real Est. Serv. Inc., Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 & 111.1 and Ordinance, 04 -41 as amended, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 2435 Tamiami Trail East Unit 9, Naples, FL Folio # 387040000 Description: Mezzanine and stairs in bays 9 & 10 erected and electrical work done in bay 8 without first obtaining Collier County, approval, required inspections, and certificate of completion. Past Order(s): On January 27, 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 4651 PAGE 570, for more information. A Motion for Extension of Time was denied on June 23, 2011. See the attached Order of the Board, OR 4698 PAGE 1333, for more information. An additional Motion for Extension of Time was granted on August 25, 2011. See the attached Order of the Board, OR 4718 PAGE 1665, for more information;. The property is in compliance with the Code Enforcement Board Orders as of March 27, 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 October 25, 2011 — March 27, 2012 (155 days) for the total of 531,000.00 Order Item # 5 Operational Costs of $82.86 have been paid Total Amount to date: $31,000.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROXANA SOROKOTY TR. WALTER G. SOROKOTY, JR., EST. Respondents CESD20090005007 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 60 days (October 24, 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. 1 DONE AND ORDERED this 7I i day of- 2011 at Collier County, Florida. 1 51r:TH, 01 :(ttlaf ,aunty of COLLIER V i H ERERY C�RPt THA%t,,0)S -JS -0 +7ue art i.,crrocI .t oo-y 16 ,,1. o0eutst pt. 6rt fj1e!,I t i +s and ' ecarc s o�- .&Iief County :h no-o, ctat this w llJ r CODE ENFORCEMENT BOARD COLLIER COUNTY,- ELO-RIDA„ BY: - - -=' Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 INSTR 4605809 OR 4718 PG 1665 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) a � 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. „ KRISTINE TWENTE ��4PRY PUBCi'• _° , �; Notary Public State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 My commission expires: 9 Commission # EE 87272 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 Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est, 1250 Tamiami Trail N., Ste. 101, Naples, Florida 34102 and to Bruce E. Miner, 2390 Tamiami Trail N., #100, Naples, FL 34103 this ?-,Cy—day of ( U, 2011. M. Jean Dawson, 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, CESD20090005007 vs. ROXANA SOROKOTY TR. INSTR 4582307 OR 4698 PG 1333 RECORDED 7/6/2011 9:16 AM PAGES 2 WALTER G. SOROKOTY, JR., EST. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondents REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on June 23, 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 DENIES the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a day of 2011 at Collier County, Florida. ;�; F ui ;i41�A ;2800 N9rth'Horseshoe 3Iatfc Naples, Florida 34104 ;Ounty of COLLIER H ERE "Y CERTiF°y!IH& th'tS. /15 0 WA orreci copy of a` uoCUm4 Pt. ^an e acrd Wnute"-O Pd RecOrars` Cai lar Oo�t A �TIJ SS mv giants and Olefii 9"1 Oft 'L clay ofy��; 2Q C Vi E. B€ 01;:�r ERK W= :•�'9 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 9 day of 2011, by Robert Kaufman, Vice -Chair ofYhe Code Enforcement Board of Collier CotAity, Florida, who is personally known to me or ,-� who has produced a Florida Driver's License as identification. •......... KRISTINE TWENTE '0'� Notary Public - State of Florida ' ` •___ My Comm. Expires Jun 18, 2015 Commission # EE 87272 �� •� Bonded Tnr000h Na+mnal Notary Assn. Km Ln ,j � C.V� 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 Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est, 1250 Tamiami Trail N., Ste. 101, Naples, Florida 34102 this 30tay of '2011. M. Jean 1Ltawson, 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. ROXANA SOROKOTY TR. WALTER G. SOROKOTY, JR., EST. Respondents CESD20090005007 INSTR 4524948 OR 4651 PG 570 RECORDED 2/10/2011 1:08 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 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 Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est.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 by property manager, Bruce Minor. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2435 Tamiami Trail E., Unit 9, Naples, Florida 34112, Folio 387040000, more particularly described as (see attached legal) is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and 111.1 and 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: Mezzanine and stairs.in bays 9 and 10 erected and electrical work done in bay 8 without first obtaining Collier County approval, required inspections, and 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 Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and 111.1 and 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 obtaining all required Collier County permits required for the structural and electrical work or by obtaining a demolition permit and removing all structural and electrical work and requesting all required inspections through certificate of completion/occupancy within 180 days (July 26, 2011). The unit is not to be occupied until the certificate of completion/occupancy is issued. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 26, 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 $82.86 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 4 J %`— , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Keffly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this q day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida.�ho is /personally known to me or who has produced a Florida Driver's License as identification. j�•� KRIS k�.Q t f tiw cOMMISSICN # DD 666595 NOTARY PUBLIC -' EXPIRES: June 16, 2011 My commission expires: g; ; ,o•' Bonded Thru Notary public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est, 1250 Tamiami Trail ITT., Ste. 101, Naples, Florida 34102 this `4 day of ��' l li "v1 Lh 2011. O3 aty of Gib t HEREBY CERTIFY' 'I" lT,00 b.& ,s�rcect .0.0y � ` 0660Rla:�tt 00 ale Is �arai t �n es n� c�'a s o #`W1W ON* EIS my 0 anti mow. M. Je awson, Esq. Flori Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 4 -VL nom/ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs SOROKOTY TR, ROXANA WALTER G SOROKOTY JR EST % CAMERON REAL EST SERV INC, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090005007 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 27, 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 4651 PG 570, et. seq. Extension of Time recorded in the public records of Collier County, Florida in OR Book 4760 PG 548. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 27th, 2012, 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining all required Collier County permits required for the structural and electrical work or by obtaining a demolition permit and removing all structural and electrical work and requesting all required inspections through certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 2nd day of April, 2012. COLFR COUNTY, FLORIDA CO NFORCEMENT BOARD otts Vide Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wo o (or affirm and subs ibed before me this�� day of kv 1 2012 by Azure Botts (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA C� Colleen Crawley Commission # EE129317 ' Expires: JUNE 07, 2014 (Print/Type /Stamp Commissioned Name of Notary Public) BG�..... " ATLA,1T1CBON'DINGCO.,INC. Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090011861 COLLIER COUNTY, FLORIDA, Plaintiff, vs. STEVEN A. & KELLY A. JOHNSON, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION: 111 4th ST SE Naples, FL SERVED: Steven A. & Kelly A. Johnson, 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 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 traduccicn 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 FINES/LIEN HEARING CEB CASE NO. CESD20090011861 Board of County Commissioners vs. Steven A. & Kelly A. Johnson, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Permits Section 105.1 Location: 111 4th Street S.E. Naples, FL Folio #37224080002 Description: Permit Number 900005651 expired without a C.O. 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 1106, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 January 18, 2012 — April 26, 2012 (100 days) for the total of $15,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.43 have been paid Total Amount to date: $15,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090011861 vs. INSTR 4635242 OR 4744 PG 1106 STEVEN A. AND KELLY A. JOHNSON, RECORDED 12 /8/2011 3:29 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondents 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 Steven A. and Kelly A. Johnson 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 111 4th Street S.E., Naples, Florida, Folio 37224080002, more particularly described as the North 105 feet of Tract 57, GOLDEN GATE ESTATES, Unit No. 13, according to the Plat thereof, as recorded in Plat Book 7, Page 71, of the Public Records of Collier County, Florida is in violation of the Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 in the following particulars: Permit Number 900005651 expired without a C.O. 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 the Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 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 60 days (January 17, 2012). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by January 17, 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 $81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of `1 . , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Ke 7 it 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. KRISTINE TWENTE� ,'SAY NOTARY PUBLIC `•=oy Y's Notary Public State of Fion a My Comm. Expires Jun 18, 2015 My commission expires: commission # EE 87272 �rl prr� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by_ U. S. Mail to Steven A. and Kelly A. Johnson, 5092 Boxwood Way, Naples, Florida 34116 this 'day of 2011. n � M. Jean Rawson, Esq. Florida'-'B'ar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090011861 Steven A. and Kelly A. Johnson Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Steven A Johnson, on behalf of himself and Kelly A Johnson as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090011861 dated the 15th day of February, 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 November 18th, 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 $81.43 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 60 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 abatement shall be assessed to the property owner., A Respondent or Representative (sign) Respondent or Representative (print) t 7 i Diane Flagg, Director Code Enforcement Department 1 , ( 7 - t � Date Date wen A Johnson is also representing Kelly A Johnson REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMIVIISSIONERS, Petitioner VS. Johnson, Steven A and Kelly A 5092 Boxwood Way Naples, FL 34116 Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090011861 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 November 18, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was b to violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book Z G_(0 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on January 23rd, 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: Swimming pool has not been COED. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of [January, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 2to (or affr (e) and subs 'bed before me this 25th (Signature of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally known � day of January , 2012 by Patrick Baldwin NOTARY PUBLIC -STATE OF FLORIDA Colleen Crawley j . Commission # EE129317 ...'�.�` Expires: JUNE 07, 2014 $OPIDFlD T 1RU ATLANTIC BONDING CO., INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Steve A and Kelly A Johnson, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090011861 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 November 18, 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 PG 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 28th, 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 this 29th day of March, 2012. COLLIER COUNTY, FLORIDA CODE - ENFORCEMENT BOARD Patrick Baldwin � Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wo o (or aff d) and su scribed before me this 29th (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � day of March , 2012 by Patrick Baldwin NOTARY PUBLIC -STATE OF FLORIDA " Colleen Crawley i Commission # EE129317 '• -......... .,' Expires: JUNE 07, 2014 BONDFID THRU ATLANTIC BONDING CO., INC. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090011861 Board of County Commissioners vs. Steven A. & Kelly A. Johnson, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Permits Section 105.1 Location: 111 4th Street S.E. Naples, FL Folio # 37224080002 Description: Permit Number 900005651 expired without a C.O. 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 1106, for more information. The property is in compliance with the Code Enforcement Board Orders as of April 6, 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 January 18, 2012 —April 6, 2012 (80 days) for the total of$12,000.00. Order Item # 5 Operational Costs of$81.43 have been paid Total Amount to date: $12,000.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. - COLLIER COUNTY,FLORIDA . CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090011861 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Steven A. and Kelly A.Johnson,Defendant(s) AFFIDAVIT OF 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 November 18, 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 Book4-11-01IPG tUOlv, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on April 6th, 2012. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Permit number 900005651 has been coed.. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of April, 2012. COLLIER COUNTY, FLORIDA CO 1--- ,I ORCEMENT BOARD . ---- 0 Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sr,om • or affirmed) d subscribe. •efore me this 24th day of April ,2012 by Patrick Baldwin % ) ∎ % 1 i (Signature of Notary Public) di, . NOTARY PCBLiCSTAT; (;)1 FLORIDA Colleen Crawley (Print/Type/Stamp Commissioned Name o otary Public) `_Commissio, T°EE129317 ',, /Expires: JIJ E 07,2014 Personally known-4 BOWil THRr,^.:..,:CTIC 86>"ONG CO.,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100009135 COLLIER COUNTY, FLORIDA, Plaintiff, vs Opera Naples, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22- 26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 2408 Linwood AVE Unit:1 Naples, FL SERVED: Opera Naples, Inc, Respondent Azure Botts, 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. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100009135 Board of County Commissioners vs. Opera Naples, Inc., Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Ordinance 04 -41, as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) Location: 2408 Linwood Avenue Naples, FL Folio # 61631160002 Description: Alterations of building consisting of, but not limited to, electrical, adding and removing of interior walls, adding and widening of doors /jams without first obtaining 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 4718 PAGE 2022, for more information. The property is not in compliance with the Code Enforcement Board Orders as of April 26, 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 February 22, 2012 — April 26, 2012 (65 days) for the total of $13,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have been paid Total Amount to date: $13,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. OPERA NAPLES, INC. Respondents CESD20100009135 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 Opera Naples, Inc. is the owner 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 2408 Linwood Avenue, Naples, Florida, Folio 61631160002 more particularly described as Unit No. 1, 2, 3, 4, 5, 6, 7A, 713, 7C, 7D, 7E, 7F, 7G, 71-1, 8, 12, 13, 14, 15, 17, 18, 19, 20, 21, and 22 of Linwood, a Condominium, according to the Declaration of Condominium recorded in O.R. Book 1066, Page 248, and all exhibits and amendments thereof, Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, 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: Alterations of building consisting of, but not limited to, electrical, adding and removing of interior walls, adding and widening of doors /door jams without first obtaining required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105. 1, and Ordinance, 04 -41, as amended, the Collier County Land Development Code, 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 Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (February 21, 2012), INSTR 4605968 OR 4718 PG 2022 RECORDED 9/13/2011 2:09 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 21, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 Sheriffs 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 ,) j day of (.�l_:vs 2011 at Collier County, Florida. U CODE ENFORCEMENT BOARD COLLIER COUNTY1- -LOR-fDA 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 f day of 2011, b Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, FIorida, who is personally known to me or who has produced a Florida Driver's License as identification. r"Of,0F P'. KRIST INE TWENTE NOTARY PUBLIC Notary Public - State of FIorida My commission expires: My Comm. Expires Jun 18, 2015 � Commissron #� EE 87272 CERTIFICATE OF SERVICE Bonded Through National Notary Assn. I HEREBY CERTIF that a e and correct copy of this ORDER has been sent by U. S. Mail to Opera Naples, Inc., RA Gerald Goldberg, 1250 Gulfshore Blvd. S., Naples, Florida 34112 this Fday of 2011. _ J aiY�t�3 L"ef � i.�: `K.l llP► y of COLLIER :arract c r� .Ty r�e;tn Board Knu nd "Regarm:of qpp County officaal S+e [ this f Qaty ci . n :'WI HT-,,F,*: G 7 'ER OF. U . Gt M. Jean,,Rawson, Esq. „ Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Opera Naples Inc. Petitioner, Respondent(s), Case No. CESD20100009135 STIPULATION /AGREEMENT COMES NOW, the undersigned, GCS i�c L_�; c� �� con behalf of himself or C� �� _ �_ t J'A ash 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 CESD20100009135 dated the 9th day of June, 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 A� �,, az-v -� a.o � t ; 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. Alterations of building consisting of but not limited to; electrical, adding and removing of interior walls, adding and widening of doors /door jams without first obtaining required Collier County Building permits. IIEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ cW-0 -�"9 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits, inspections, and certificate of occupancy /completion within 180 days of this hearing or a $200.00 per day fine will be imposed for each day the violations remain. 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,t,e 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 abatements all be assessed to the property owner. _ t �� , .o �(i l/ t . d��,r �� ., � ;�t"�t7 G /��tE�b�'� G��" ✓�' Re slYondent & Representative (sign) Respondent or Representative (print) Date Dian Flagg, Director- / /,q,�4 Code Enforcement Department Date REV 1/5/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Opera Naples, Inc, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20100009135 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 28, 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 4718 PG 2022. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on February 22nd, 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: apply for and obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 17th day of April, 2012. COLLIER COUNTY, FLORIDA E EAT ORC ENT BOARD he e cavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 1b %Swrmn or affir ed) and su scribed before me this 1 f day of j 2012 by Michelle Scavone e of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA Colleen Crawley (Print/Type /Stamp Commissioned Name of Notary Public) j = Commiss;on # EE129317 •�V Expires: JUNE G7,2014 Personally known BONDED THHU ATLANTIC BONDING CO .,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20110003139 COLLIER COUNTY, FLORIDA, Plaintiff, vs NICHOLAS & CATHERINE GONZALEZ, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION: 561 2nd ST NE Naples, FL SERVED: NICHOLAS & CATHERINE GONZALEZ, 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 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. CEPM20110003139 Board of County Commissioners vs. Nicholas & Catherine Gonzalez, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 4, Section 424.2.17 Location: 5612 nd Street N.E. Naples, FL Folio 43728172004 Description: No protective barrier surrounding the swimming pool Past Order(s): On October 27, 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 4734 PAGE 2797, for more information. The property is in compliance with the Code Enforcement Board Orders as of March 8, 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 November 27, 2011 — March 8, 2012 (103 days) for the total of $20,600.00. Order Item # 5 Operational Costs of $80.86 have not been paid Total Amount to date: $20,680.86 The County recommends abatement of $20,600.00 in daily fines as case is in compliance and operational costs of $80.86 will be imposed as a lien. INSTR 4624603 OR 4734 PG 2797 RECORDED 11/8/2011 3:40 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 COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. NICHOLAS AND CATHERINE GONZALEZ, Respondents CASE NO.: CEPM20110003139 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 Nicholas and Catherine Gonzalez 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 5612 d Street, N.E., Naples, Florida, Folio 37281720004 more particularly described as the South 150 feet of Tract 25, GOLDEN GATE ESTATES, Unit No. 14, according to the Plat thereof, as recorded in Plat Book 7, Pages 73 and 74, of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2007 Edition, Chapter 4, Section 424.2.17 in the following particulars: No protective barrier surrounding the swimming pool. 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 4, Section 424.2.17 be corrected in the following manner: 1. By obtaining a Collier County Building Permit to install an improved protective barrier through required inspection and certificate of completion/occupancy within 30 days (November 26, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 26, 2011, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 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 Z day of - , 2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 1 _)C> �1;- 2011, 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 identification. KRISTINE TWENTE� Notary Public State of Florida NOTARY PUBLIC ' My Comm. Expires Jun 18, 2015 My commission expires: •4 Commission # EE 87272 '�91F OF F`OQ`�� 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 Nicholas and Catherine Gonzalez, 561 2na Street, N.E., Naples, Florida 34120 this -day of ? \i e-)< , �> �,; 2011. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Staus or F ; Na Iles, Florida 34103 ,oanry of COLLl 263 -8206 t' 1 HEREBY CERTIFY THAT this Is itMa &W : oorect copy of a oocument on the in Board ginutes apdt ReC0rpS.9t Cotil.ec OW* ASS my n `L stay o['� DWIGHT E. 9RaGK ;CLERK OF000RTS iirr7u ! .yam COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. GONZALEZ, NICHOLAS & CATHERINE, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEPM20110003139 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 October 27, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to a to 11 violations as stated in the Order recorded in the public records of Collier County, Florida in OR 13ookL GQAqj-et. seq. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 3 -8 -2012. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Permit number prbd20120203062 has been coed. FURTHER AFFIANT SAYETH NOT. DATED this 19th day of March, 2012. COLLIER COUNTY, FLORIDA -CODS ENFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to Sor_affinned and subscribe e ore e_this 19th day of ( ign�:t�e of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally known � March , 2012 by Patrick Baldwin NOTARY PUBLIC -STATE OF FLORIDA " Delicia Pulse Commission # EE049564 Expires: JAN. 16, 2015 BONDED THRU A-MA TI C BONING CO., INC. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20120000965 Dominick Cammuso Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Michael McDonnell, on 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 CENA20120000965 dated the 24th day of January, 2012. 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 April 26, 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$81.72 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing any unauthorized accumulation of topsoil and litter consisiting of but not limited to: vegetation material, concrete, etc. from the property to a site intended for final disposal or an area on the property authorized for such storage and/or obtain approval for proper disposal in conformance with federal, state, and local laws and regulations within 180 days of this hearing or a fine of$250.00 per day will be imposed until the violation has been abated. 4) 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.) 5) That if the ',-sp• dent fails to abate the violation the County may abate the violation using any method to bring t �vi• ion into compliance and may use the assistance of the Collier County Sheriff's Office to enfor = t !r- •.'•ns of this agreement and all costs of abatement shall be assessed to the property owner es, • -nt or Representative (sign) -f6( Diane Flagg, Director Code Enforcement ement Department e �/d CV d 2 espondent o r Representative (print) Date 11/2(40 h vc3 c+v REV 8/17/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Case No. CESD20100016684 vs. Joseph R and Betty J Respondent(s), STIPULATION/AGREEMENT `. I "fir n,; , on behalf of himself or J as COMES NOW, the undersigned, Agreement with Collier County as to the representative olu ion of Notices es opondent and reference (case) number CESD20100016684 dated the 11th day of resolution of Notices of Violation January, 2012. of Violation for which In promote efficiency in said the administration of the which' eration of the disposition and resolution of the matters outlined in said Notice(s) therein the a hearing �, /a ',-� to p e hearing is currently and for process; and to obtain a quick and expeditious resolution of the matters outlined ce. enforcement pro , 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; operational costs in the amount of $ g�� incurred in the prosecution of this case 1) Pay p k within 30 days of this hearing. 2) Abate all violations by: or Demolition Permit, inspections, and Certificate day Obtaining all required Collier County Building/t�n Permit(s) of this Hearing or a fine of��- Certificate of Completion/Occupancy �- �' will be imposed until the violation is abated. e Enforcement within 24 hours of abatement of the violation and request 3) Respondent must notify Cod or legal holiday,then the phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by p method notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) abate the violation using any Sheriff's Office om liance and may use the assistance of the Collier County c 4) That if the Respondent fails to abate the violation the County may nt shall be assessed to the property to bring the violation into compliance and all costs of abatement enforce the provisions of this agreement adt:jt_. ■ 1 �,? ;K. /may Diane Flagg, Director �� -- espondent or Represe• ativ- (sign) Code Enforcement Department a•tr c-t() Date Respondent or RepreseSative (print) Date REV 1/4/12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110002585 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOHN C BOYER & BETTY JANE SAVARD-BOYER, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:514 105th AVE N Unit:A Naples, FL SERVED: JOHN C BOYER & BETTY JANE SAVARD-BOYER, Respondent Ralph Bosa, 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 setfor 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.Servicios the traduccion no saran 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. • us/la/GUJL 11:41 rJA GJ21 5214 1U58 BJ Savard-Boyer Z001 April 19, 2012 Dear Colleen, We just met with Diane Flagg and Ralph Bosa to discuss working towards compliance permitting on the property located at 514 105th Ave. Naples. An extension is needed to complete the necessary work. Please submit an extension request to the Board on Thursday April 26th. If we could receive a 90 day time period, that would help. We hope to attend the meeting. Thank you, 414# —91-6-‘-17 BJ Savard-Boyer & John Boyer CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20110002585 vs. INSTR 4635247 OR 4744 PG 1121 JOHN C. BOYER AND BETTY JANE SAVARD-BOYER, RECORDED 12/8/2011 3:29 PM PAGES 2 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: 1. That John C.Boyer and Betty Jane Savard-Boyer are the owners of the subject property. �..� 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 514 105th Avenue,Unit#A,Naples, Florida,Folio 62841960004, more particularly described as Lot 28, less the West Three(3)feet thereof,and Lot 29, Block 74,Unit No.6, NAPLES PARK,according to the plat thereof,recorded in Plat Book 3,Page 15,Public Records of Collier County, Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)in the following particulars: Observed a structure in the rear of the yard behind main structure which was permitted for a den/storage now converted to a living space with plumbing and air conditioning and no permits were obtained. 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, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)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 180 days(May 15,2012). 2. By vacating the property within 30 days(December 18,2011). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 15,2012, then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by December 18, 2011,then there will be a fine of$100 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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$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 poi day of • ,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) The foregoing instrument was acknowledged before me this G1ay of I\- P� fir— , 201 l, y 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 ?_�; ;` •, Notary Public-State of Florida •; ••,: My Comm.Expires Jun 18,2015 My commission expires: 1,':`o�c Commission#EE 87272 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 John C. Boyer and Better Jane Savard-Boyer,479 Palm Court,Naples,Florida 34108 this-,L--..)S of I.jo U. ,2011. ;i.tUA NI..J✓an Rawson;Esq. unru of COLLIER Florida Bar No. 750311 Attorney for the Code Enforcement Board 1 HERE 3'Y CERTIF' THAT this Is a 'UG and 2375 N.Tamiami Trail,Ste.208 :orreet copy ot a aocurnent on file in Naples, Florida 34103 goarci ft +ut 'end Records ot Co(-lier Count' (239)263-8206 N sS'r'nv _ no.and o i seat this CLE, R1(OF COURTS • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007090878 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JON R DENISE T C BRIMMER, 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: 04/26/2012 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:561 7th ST NW Naples, FL SERVED: JON R DENISE T C BRIMMER, 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: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,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. permit application 2007090878 Ms. Crawley, My wife and I have received notice that our building permit application has been denied.We request a 90(ninety) day extension to permit application 2007090878 so that we may continue to gather required documentation. We are working diligently to bring our property into compliance with all Collier County building codes. Unfortunately,the professionals that we first hired were not able to furnish us with the needed documentation in a timely manner and we have thus been forced to hire a new team.This new team is more receptive to our deadline and, I believe,willing to complete the work in an expeditious manner. Thank you for your patience with us and your consideration of our extension request. Sincerely, Jon R. Brimmer 2007090878 561 7th Street NW Naples FL 34120 , a) a) b ' C C o .---. C� U 4'. N Ar.3 2) 2' Y ' 0 01 ~ N , N f0 N (a O Y 3 N c) ^ , 0N .0 :°�, 3N c Lo C w X e-i a) - Nt Nt co C g 3 3 - o cc 'b ti 0 'b p U ,,, N C > ❑ Gr. b M : U a) a . y Ts Y -1 O o ° c ,° 5 yo • .o o F, cMn ; H o io 51 po - Y w to lam ° as a) E- °. b z; � N >x C id C ►a p O N O a. a) C C. 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Q � .S o_0 cn < 1- ncn -° NQ •n - as > rn co co co in o 0 0 0 CO o CV N N N N ti ti O O ti _ 5S O 4 O 0 0 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110002585 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOHN C BOYER & BETTY JANE SAVARD-BOYER, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:514 105th AVE N Unit:A Naples, FL ^ SERVED: JOHN C BOYER & BETTY JANE SAVARD-BOYER, Respondent Ralph Bosa, 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 audlencia sera conducida 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 comunicaciones de este evento.Por favor traiga su propio traductor. u'l;i , ulc 11:41 z&& GJa DWI lugs 13J Savard-Boyer 21001 April 19, 2012 Dear Colleen, We just met with Diane Flagg and Ralph Bosa to discuss working towards compliance permitting on the property located at 514 105th Ave. Naples. An extension is needed to complete the necessary work. Please submit an extension request to the Board on Thursday April 26th. If we could receive a 90 day time period, that would help. We hope to attend the meeting. Thank you, 414# / L p BJ Savard-Boyer & John Boyer CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20 1 1 0002585 vs. INSTR 4635247 OR 4744 PG 1121 RECORDED 12/8/2011 3:29 PM PAGES 2 JOHN C. BOYER AND BETTY JANE SAVARD-BOYER, 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: 1. That John C.Boyer and Betty Jane Savard-Boyer are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 514 105th Avenue,Unit#A,Naples, Florida,Folio 62841960004, more particularly described as Lot 28, less the West Three(3)feet thereof,and Lot 29, Block 74,Unit No.6, NAPLES PARK,according to the plat thereof,recorded in Plat Book 3,Page 15,Public Records of Collier County, Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)in the following particulars: Observed a structure in the rear of the yard behind main structure which was permitted for a den/storage now converted to a living space with plumbing and air conditioning and no permits were obtained. 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, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)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 180 days(May 15,2012). 2. By vacating the property within 30 days(December 18,2011). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 15,2012, then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by December 18, 2011,then there will be a fine of$100 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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$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._ ot day of • ,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) The foregoing instrument was acknowledged before me this< ay of K Pi--t` , 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 a��" •4 , NOTARY PUBLIC .4. o: Notary Public-State of Florida '_• • My Comm.Expires Jun 18,2015 My commission expires: Commission#EE 87272 ''''" Bnnded 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 John C. Boyer and Better Jane Savard-Boyer,479 Palm Court,Naples, Florida 34108 this,p- qay of n U. , 2011. /c srfs v; F LI;RIl�A M..J n Rawson;Esq. ,',aunty of COLLIER Florida Bar No. 750311 Attorney for the Code Enforcement Board I HERESY CERTIFY THAT this Is a true and 2375 N.Tamiami Trail, Ste.208 :orrect coot' of a aocument on file in Naples, Florida 34103 Board:l€1'+dt ;4nd Records of CoIller Count/ (239)263-8206 VESSmy no and of W seat this of -ao AEG, TE. SRO0($1..ERt(OF COURTS • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007090878 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JON R DENISE T C BRIMMER, 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: 04/26/2012 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:561 7th ST NW Naples, FL ^ SERVED: JON R DENISE T C BRIMMER, 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 en el idioma Ingles.Servicios the traduccion no seran disponibles en Is 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. permit application 2007090878 Ms. Crawley, My wife and I have received notice that our building permit application has been denied. We request a 90(ninety) day extension to permit application 2007090878 so that we may continue to gather required documentation. We are working diligently to bring our property into compliance with all Collier County building codes. Unfortunately,the professionals that we first hired were not able to furnish us with the needed documentation in a timely manner and we have thus been forced to hire a new team.This new team is more receptive to our deadline and, I believe,willing to complete the work in an expeditious manner. Thank you for your patience with us and your consideration of our extension request. Sincerely, Jon R. Brimmer 2007090878 561 7th Street NW Naples FL 34120 a 7 c W' Y Y ) 0) .b p C a C C �\ p O O O • a) m a)y Y N 1-. 3 -- s' O O 114 5 Cq h A • N N v cn 00 ^' S .z CO — CO • E '~ oN w N To N N o t N N•�� 3 N i N C N C O a) .N h VV• V gam, p. 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U .c a3 .aw a< 0- E aaoaQ2 .E aO c < I- au) -a NQ _a a min > a) 00 co co I1) O O O O m m O N N N N N ✓ c- \••- r r f• ti O O ti r r r r r O O O O O CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:2007090878 vs. JON R.AND DENISE T.C. BRIMMER, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19,2012,on the Respondent's 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(April 19,2012). 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 Can ,2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO ► •RIDA Siaea 01 E LcAtLA BY: ,aunty of COLLIER Kenneth Kelly,Chair 2800 North Horseshoe Drive I HERE!3Y CER7"Iti AAr this is a true anal Naples,Florida 34104 :or'rec:t copy--6t a aocuinent on file In Soard ]vIigi tes a•nd Redoras-0f CoU ler Count wi ri , a mv."fana an offic1 I seat this S cay of INSTR 4652724 OR 4760 PG.658 (duo )WIGN" t: B3iQ�.K,•CLEIttt bF COURTS RECORDED 1/31/2012 3:27 PM PAGES 2 � ��- t/ 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT �• �,..�.., • ,�r�a—�� COWER COUNTY FLORIDA REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3S day of 2012,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Flbl ida,who is personally known to me or who has produced a Florida Driver's License as identification. KRiSTirdE TWENTE � , Notary Public -State of Florida NOTARY PUBLIC • My Comm.Expires Jun 18,2015 My commission expires: ,;\ Commission#r EE 87272 k •..��'� Bonded Through National Ntlf to ANIL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jon R. and Denise T.C.Brimmer,561 71h Street,N.W.,Naples, Florida 34120 this-35%1 day of ,:2012. M.JeC----J-_-_,,7-6"4-14 n Raves n Esq. Florida Btir No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples, Florida 34103 (239)263-8206 INSTR 4593906 OR 4708 PG 1563 RECORDED 8/5/2011 3:04 PM PAGES 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, CASE NO.: 2007090878 vs. JON R.AND DENISE T.C.BRIMMER, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 28,2011,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: 1. That Jon R. and Denise T.C.Brimmer are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 561 7th Street N.W.,Naples,Florida,Folio 37110760009 more particularly described as the South 180 feet of Tract 12,Golden Gate Estates Unit 11,according to the Plat thereof,as recorded in Plat Book 4,Pages 103 and 104,of the Public Records of Collier County,Florida is in violation of Ordinance 04.41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a). 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 in the following particulars: Detached garage built in rear yard without first obtaining 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,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(l)(a). 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days(November 25,2011). • 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 25, 2011,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 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 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 '-'s) day of Ci ,2011 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 c Y 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. KAISTINE TWENTE ��— � —� ��'" Public-State of Florida P`B` -. Notary P015 NOTARY PUBLIC 5 +�`� _My Comm.Expires Jun 18, •aQ: Commission#EE 87272 My commission expires: ,;9r °p, Rnnd,,?Tt,rmi9n 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 Jon R. and Denise T.C.Brimmer, 561 7th Street,N.W.,Naples,Florida 34120 this-D--'tHay of f It ,2011. 'M.Jean Rawson,Esq. " Florida Bar No. 750311 Attorney for the Code Enforcement Board najr, v; F u:ittLA 2375 N.Tamiami Trail, Ste.208 ',aunty of COLLIER Naples,Florida 34103 (239)263-8206 H Ef ERt,C.E.RThre.TkIAT this is a t oorect co@ :A.6681)Cherst on the in 3o �A tees .{ i• Re6ras sit':Coker C4utt • •.i ficial;seal this Sti'' —ac-ay ?r )WlGJ4I E.BROCK, CL tX OF COURTS • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007090878 Beni S C Jon R. and T.C. Brimmer Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jon R and T.C. Brimmer, on behalf of himself or -L as representative for Respondent and enters into this Stipulation and Agreement with Collier ounty as to the resolution of Notices of Violation in reference (case) number 2007090878 dated the 27th day of September, 2007. In consideration of the disposition an resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for pip( 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$76.76 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 _ / (.7 days of the date of this hearing or a fine ofS/SO°o 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 and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all abatement shall be assessed to the property owner. AI Respondent or Representative (sign) f° r "'vane Flagg, Director Code Enforcement Department en l-3 e `YYNYY Q(/J -7/; il1, Respondent or Representative (print) Date i/Ar/ 0 Date ' Y1 tSG ` •C.. 'Br' Is re_f e_sco-KA fve- `'t 0.C1C JOYS R REV 1/5/11 �s Y1 mm.ex •J CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:2007090878 vs. JON R.AND DENISE T.C.BRIMMER, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19,2012,on the Respondent's 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(April 19,2012). 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 ,pLIhday of Lt-1 . ,2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO ■T •RIDA Stara of F IJ RIUA BY: ;Qum of COLLIER Kenneth Kelly,Chair 2800 North Horseshoe Drive I MERRY CERTIFY Tr-lath"is Is a +me and Naples,Florida 34104 .or rest copy`lif a aoctlment n the In 9oard Minutes and Records- f Collier County � t,�►� mN"liana and officlai seat this '-mil S oay of t INSTR 4652724 OR 4760 PG.6S it./C.(0 )WIG E. 4'Rt1CK, ,CLERKK OF comas RECORDED 1/31/2012 3:27 PM PAGES 2 1 % t 0 • ✓ DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3S day of , 2012,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Fl ida,who is - personally known to me or who has produced a Florida Driver's License as identification. w wt KRISTINE WENTE K �-„ '-€_''-' �App,-- �T y . Notary Public State of Florida NOTARY PUBLIC I. • i My Comm. Expires Jun 18,2015 My commission expires: , Commission#EE 87272 '''t,'...."`''`, Bonded Through National May ANN. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jon R. and Denise T.C. Brimmer,561 7`h Street,N.W.,Naples, Florida 34120 this,95 day of��y r ,.2012. M.Jehn'Iti v�son Esq. tf Florida BgrNo. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 INSTR 4593906 OR 4708 PG 1563 RECORDED 8/5/2011 3:04 PM PAGES 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, CASE NO.:2007090878 vs. JON R.AND DENISE T.C.BRIMMER, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 28,2011, 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: 1. That Jon R. and Denise T.C.Brimmer are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 561 7th Street N.W.,Naples,Florida,Folio 37110760009 more particularly described as the South 180 feet of Tract 12,Golden Gate Estates Unit 11,according to the Plat thereof,as recorded in Plat Book 4,Pages 103 and 104,of the Public Records of Collier County,Florida is in violation of Ordinance 04.41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a). 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 in the following particulars: Detached garage built in rear yard without first obtaining 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,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a). 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days(November 25,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 25, 2011,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 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$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this r1 day of L�s 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: L_ ` Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisc-D–Dday of C _A , 2011,by-Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,llorida,who is personally known to me or who has produced a Florida Driver's License as identification. I(RISTINE TWENTE „\0,044,''•,„ Notary Public State of Florida :„�`�c. My Comm,Expires Jun 18.2015 NOTARY PUBLIC • My 87272 M commission expires: viii aE Commission#EE F,nnon Ttinrigh National Notary Assn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Jon R. and Denise T.C.Brimmer,561 7`h Street,N.W.,Naples,Florida 34120 this—J—day of(?;p ,2011. 'M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board )U 1t t31 F u HIAL . 2375 N.Tamiami Trail, Ste.208 ;ou n y of COLLIER Naples,Florida 34103 (239)263-8206 H EREPY',CER ;F`Y THAT this Is a bus snit orrect eo 5 i,a.666961ent on_:file in •iopr.{A# ►utes . • Rea$ros St Collier County &'rt a oiai • „•.a seat this S" --ocay ,of a .a 1.rr 3W t GJ3 E 4BROQK, CUP(OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007090878 'Dclni S C Jon R. and T.C. Brimmer Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jon R and T.C. Brimmer, on behalf of himself or It: vcrs-t-1 -L as representative for Respondent and enters into this Stipulation and Agreement with Collier ounty as to the resolution of Notices of Violation in reference (case) number 2007090878 dated the 27th day of September, 2007. In consideration of the disposition an resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ?7 . i 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; r� . 1) Pay operational costs in the amount of$ 5:16 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 /a 0 days of the date of this hearing or a fine oil/SO a°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 and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all :, abatement shall be assessed to the property owner. W" I Respondent or Representative (sign) f°P !iane Flagg, Director Code Enforcement Department 'ent�e MM. } - /; g/rr Respondent or Representative (print) Date / r/ I, Date 1 1 Y\t s c. -17C.. 1Br is rq Yes2�-t-viN � 11. -(1t onck 3'z YN REV 1/5/11 "a r1 Yr mri Qv \J1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20110006574 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRSTIN C MARTUCCI, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:311 16th AVE NE Naples, FL i SERVED: KIRSTIN C MARTUCCI, 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 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 comunicaciones de este evento.Por favor traiga su propio traductor. Colleen Crawley From: PerezCristina ^ Sent: Monday, April 16, 2012 12:36 PM To: Colleen Crawley Subject: FW: KAM Concrete Pumping (Golden Gate Estates) From: davc823 @aol.com fmailto:davc823 @aol.com1 Sent: Monday, April 16, 2012 12:11 PM To: PerezCristina Subject: KAM Concrete Pumping (Golden Gate Estates) Case#CELU20110006574 Property: 311 16th Ave NE Naples, Fl 34120 %'- (KAM Concrete Pumping) Ms. Cristina Perez, This is in regards to having our concrete pumps parked at our residence out in the estates. We have purchased a piece of industrial property over by Radio Rd. Due to the purchase of the property, we have very limited funds to get the property ready for the company. We are asking for an extension to be able to keep our pumps on our property until January 2013. We really need to have time to get the money to pay the impact fees, clear the land, bring in fill, and pour a slab of concrete to park the pumps on. I thank you so much for your patience ^ and willingness to work with us on this matter. Case# CESD20110008406 In reference to the fence permit: We never put the fence in along the canal. We had taken out a permit to do a fence along the canal back in 2009 and we decided not to put it in. Thank you, Kirstin Martucci 239-353-7172 Davc823 @aol.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20 1 1 0006574 vs. KIRSTIN C.MARTUCCI, INSTR 4635246 OR 4744 PG 1118 RECORDED 12/8/2011 3:29 PM PAGES 3 Respondent 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: 1. That Kirstin C.Martucci is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 311 16th Avenue N.E.,Naples,FL,Folio 37493560007,more particularly described as the West 180 feet of Tract 49,GOLDEN GATE ESTATES,Unit No. 18,according to the plat thereof, as recorded in Plat Book 7,Page 7,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances, Section 126-111(b)—Local Business Tax,and Ordinance 04-41,the Collier County Land Development Code,as amended,sections 2.02.03 and 5.02.03(C)in the following particulars: No valid Collier County occupational license for KAM Concrete Inc.; company/employee vehicles stored/parked on Estates zoned property;and employees traveling to and from residence parking personal vehicles on-site and picking up company vehicles. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Section 126-111(b)—Local Business Tax,and Ordinance 04-41,the Collier County Land Development Code,as amended, sections 2.02.03 and 5.02.03(C)be corrected in the following manner: 1. By obtaining any and all occupational licenses from the Tax Collector to include,but not limited to,a �.� Zoning Certificate from Growth Management Division within 45 days(January 2,2012). 2. By using property as intended,an Estates-zoned property,by complying with the Collier County Land Development Code,04-41,as amended,section 2.02.03 and 2.03.01(B)within 180 days(May 15,2012). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 2, 2012,then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 15,2012, then there will be a fine of$250 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 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 Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. ►Jti DONE AND ORDERED this7i' day of ! N . ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIBA— BY: Kenneth Kel y, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) _ M� The foregoing instrument was acknowledged before me this c. �,2 day of K)uUZ.na. , 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. ,`ar,,,,, KRISTINE TWENTE s" "B` NOTARY PUBLIC `� Notary Public-State of Florida •: ' :•p My Comm.Expires Jun 18,2015 My commission expires: • 111 s e: Commission#EE 87272 Parried 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.Mail to Kirstin C. Martucci, 311 16th Avenue N.E.,Naples,FL 34120 this.3LP day of ,2011. 11'9 ai t 3 t N M.Jein'Rawson,Esq. Utl tlW of COLLihk Florida Bar No. 750311 2375 North Tamiami Trail,Ste.208 HEREBYCERTWY THAT this Is a true arid Naples,Florida 34013 ;orrect cony of a,aoctami rit on the ]n (239)263-8206 Board 4 iri ,tes and'Records sit Corlier Cott ,-, rriV n official Sept this OWIG 114%G 'SLEW OF mum • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20110006574 Kirstin C. Martucci Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kirstin Martucci, 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 CELU20110006574 dated the 27th day of June, 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 November 18, 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$ 81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: applying for and obtaining any and all occupational license(s) from the Tax Collector to include, but not limited to, a Zoning Certificate from Growth Management Division within 45 days of this hearing or a fine of $100.00 per day will be imposted until the violation is abated. 3) Must use property as intended, an Estates zoned property, by complying with the Collier County Land Development Code, 04-41 as amended, sections 2.02.03 and 2.03.01(B) within 180 days of this hearing or a fine or$250.00 per day will be imposed until the violation is abated. 4) 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.) 5) 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. 6C-Z id" Res iii or Re6r4eotative (sign) for Diane Flagg, Direct Code Enforcement Department Respondent or Representative (print) Date Date REV 8/17/11 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110008406 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRSTIN C MARTUCCI, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tarniami Trail East Building F, Naples, FL 34112 VIOLATION: Fence- Building Permit FBC105.1[B] LOCATION OF VIOLATION:311 16th AVE NE SERVED: KIRSTIN C MARTUCCI, 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 en el idioma Ingles.Servicios the traduccion no reran disponibles en la 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. v Colleen Crawley From: PerezCristina Sent: Monday, April 16, 2012 12:36 PM To: Colleen Crawley Subject: FW: KAM Concrete Pumping (Golden Gate Estates) From: davc823(aaol.com Imailto:davc823 @aol.com] Sent: Monday, April 16, 2012 12:11 PM To: PerezCristina Subject: KAM Concrete Pumping (Golden Gate Estates) Case#CELU20110006574 Property: 311 16th Ave NE Naples, Fl 34120 (KAM Concrete Pumping) Ms. Cristina Perez, This is in regards to having our concrete pumps parked at our residence out in the estates. We have purchased a piece of industrial property over by Radio Rd. Due to the purchase of the property, we have very limited funds to get the property ready for the company. We are asking for an extension to be able to keep our pumps on our property until January 2013. We really need to have time to get the money to pay the impact fees, clear the land,bring in fill, and pour a slab of concrete to park the pumps on. I thank you so much for your patience r� and willingness to work with us on this matter. Case# CESD20110008406 In reference to the fence permit: We never put the fence in along the canal. We had taken out a permit to do a fence along the canal back in 2009 and we decided not to put it in. Thank you, Kirstin Martucci 239-353-7172 Davc823 @aol.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20 1 1 0008406 vs. INSTR 4635245 OR 4744 PG 1115 KIRSTIN C.MARTUCCI, RECORDED 12/8/2011 3:29 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 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: 1. That Kirstin C.Martucci is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 311 16th Avenue N.E.,Naples,FL,Folio 37493560007,more particularly described as the East 180 feet of Tract 49,GOLDEN GATE ESTATES,Unit No. 18,according to the plat thereof, as recorded in Plat Book 7,Page 7,of 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)and 10.02.06(B)(1)(e)(i)and Florida Building Code,2007 Edition, Chapter 1,Permits, Section 105.1 in the following particulars: A 384 square foot shed on the property;no valid Collier County Building Permit has been issued. Permit Number 2009081356 for a 6' chain link fence expired on 2/22/10. 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 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 a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 120 days(March 14,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 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 .70 day of`Jb' j ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLtt ; PA BY: Ke • • air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,p The foregoing instrument was acknowledged before me this- day of C"J eArnhQr, 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 a°°� NOTARY PUBLIC fk,°�� Notary Public-State of Flori a My Comm.Expires Jun 18,2015 My commission expires: " o7: Commission#EE 87272 --'4,V.\�'`� Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDERAa5 been sent by U. S. Mail to Kirstin C.Martucci,311 16th Avenue N.E.,Naples, FL 34120//tt±his93 'day of k. \;Pyt1�2P,r ,2011. M.Jean' awson,Esq. Florida ar No.750311 2375 North Tamiami Trail, Ste.208 ;;;i 3TN 01. ;R1W14. Naples,Florida 34013 ;purity of COLLIER (239)263-8206 NERE CERTIFY T�#AT tihios #s a~rise ane i ��-� o�cumeflt oo file Ett correct c,�!�Y ,.., Recoras ref Clier COUfltjt Board,,# i , €e aot t ;iris n��f:�sl o#fiifaist alert .say of CLEt 0 COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20110008406 Kirstin C. Martucci Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, /Cy'(--yg/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 CESD20110008406 dated the 27th day of June, 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 forfrkt \ I ; 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 $ 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 1 ( days of this Hearing or a fine of$ (A 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. �� / 7 / Respondent or Representative (sign) .4 v Diane Flagg, Director Code Enforcement Department . ( 1 Respondent or Representative (print) Date Date REV 8/17/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110009351 ^ COLLIER COUNTY BOARD OF COUNTY COMIVIISSIONERS,Petitioner vs. SNEEDEN,JANET,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 November 18, 2011, the Code Enforcement Board held a hearing and issued an Order in the 1 above-styled matter and stated that Defendant(s) was to abate the violation by obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 90 days (February 16, 2012) or $200/day will be imposed and pay operational costs in the amount of$80.86 within 30 days. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4744PG 1134 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 26,2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with all of the above the conditions: FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of April, 2012. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD I W &j\J- \/-°' - I W.Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to , w to(or afFrme and subscr. ed before me thibj3 day of kri 1 ,2012 by Eric Short ►t. (Signature of Notary Public) ('Print/Type/Stamp Commissioned Name of Notary Public) Personally known • • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ^ BOARD OF COUNTY COMMISSIONERS, Case: CELU20110006574 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRSTIN C MARTUCCI, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:311 16th AVE NE Naples, FL .-� SERVED: KIRSTIN C MARTUCCI, Respondent Christopher Ambach, Issuing Officer RESPOND ENTS 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.Servicios 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. Colleen Crawley From: PerezCristina Sent: Monday, April 16, 2012 12:36 PM To: Colleen Crawley Subject: FW: KAM Concrete Pumping (Golden Gate Estates) From: davc823Caaol.com imailto:davc823©aol.coml Sent: Monday,April 16, 2012 12:11 PM To: PerezCristina Subject: KAM Concrete Pumping (Golden Gate Estates) Case#CELU20110006574 Property: 311 16th Ave NE Naples, Fl 34120 (KAM Concrete Pumping) Ms. Cristina Perez, This is in regards to having our concrete pumps parked at our residence out in the estates. We have purchased a piece of industrial property over by Radio Rd. Due to the purchase of the property, we have very limited funds to get the property ready for the company. We are asking for an extension to be able to keep our pumps on our property until January 2013. We really need to have time to get the money to pay the impact fees, clear the land,bring in fill, and pour a slab of concrete to park the pumps on. I thank you so much for your patience .-� and willingness to work with us on this matter. Case# CESD20110008406 In reference to the fence permit: We never put the fence in along the canal. We had taken out a permit to do a fence along the canal back in 2009 and we decided not to put it in. Thank you, Kirstin Martucci 239-353-7172 Davc823 @aol.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20110006574 vs. KIRSTIN C.MARTUCCI, INSTR 4635246 OR 4744 PG 1118 RECORDED 12/8/2011 3:29 PM PAGES 3 Respondent 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: 1. That Kirstin C.Martucci is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 311 16th Avenue N.E.,Naples,FL,Folio 37493560007,more particularly described as the West 180 feet of Tract 49,GOLDEN GATE ESTATES,Unit No. 18, according to the plat thereof, as recorded in Plat Book 7,Page 7,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances, Section 126-111(b)—Local Business Tax,and Ordinance 04-41,the Collier County Land Development Code,as amended,sections 2.02.03 and 5.02.03(C)in the following particulars: No valid Collier County occupational license for KAM Concrete Inc.;company/employee vehicles stored/parked on Estates zoned property;and employees traveling to and from residence parking personal vehicles on-site and picking up company vehicles. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Section 126-111(b)—Local Business Tax,and Ordinance 04-41,the Collier County Land Development Code,as amended,sections 2.02.03 and 5.02.03(C)be corrected in the following manner: 1. By obtaining any and all occupational licenses from the Tax Collector to include,but not limited to,a Zoning Certificate from Growth Management Division within 45 days(January 2,2012). 2. By using property as intended,an Estates-zoned property,by complying with the Collier County Land Development Code,04-41,as amended,section 2.02.03 and 2.03.01(B)within 180 days(May 15,2012). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 2, 2012,then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 15,2012, then there will be a fine of$250 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 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 Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. tJ V DONE AND ORDERED this!;/17( day of 1\_,C\.; ,2011 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'. day of ( .'wen,`. , 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'r''n"'• KRISTINE TWENTE i_c� rce- �' `B'' NOTARY PUBLIC 2°.�.`o Notary Public-State of Florida •: " :•p My Comm. Expires Jun 18,2015 My commission expires: • I •om: � � .• Commission#EE 87272 Pnnded 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.Mail to Kirstin C. Martucci, 311 16th Avenue N.E.,Naples,FL 341.20 this -3'"day of O v , ,2011. :K I sJ N M.Jeer/Rawson,Esq. ;Minty Of COLLIER Florida Bar No.750311 r,,� 2375 North Tamiami Trail, Ste.208 I H ERE9Y Cf R•TI Y WHEAT this Is a true art0 Naples,Florida 34013 :or rec colt 4f p,h0CL. IT9 T1t on file m (239)263-8206 Board inu'as ani! �ytr4 nt c. ' of Colder County msa eetfficiat se t this t D .ay QWIG E:BOIL -.CLEW OF` COURTS • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20110006574 Kirstin C. Martucci Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kirstin Martucci, 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 CELU20110006574 dated the 27th day of June, 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 November 18, 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$ 81.43 incurred in the prosecution of this case within 30 days of this hearing. .-.. 2) Abate all violations by: applying for and obtaining any and all occupational license(s) from the Tax Collector to include, but not limited to, a Zoning Certificate from Growth Management Division within 45 days of this hearing or a fine of $100.00 per day will be imposted until the violation is abated. 3) Must use property as intended, an Estates zoned property, by complying with the Collier County Land Development Code, 04-41 as amended, sections 2.02.03 and 2.03.01(B) within 180 days of this hearing or a fine or$250.00 per day will be imposed until the violation is abated. 4) 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.) 5) 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 agreement and all costs of abatement shall be assessed to the property owner. / , cy Res nfor Re koreCen tative (sign) for Diane Flagg, Direct Code Enforcement Department Kars' V► C ld/Ct^ike6; !l• /1S ' Ii Respondent or Representative (print) Date Date REV 8/17/11 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110008406 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRSTIN C MARTUCCI, 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: 04/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Fence- Building Permit FBC105.1[B] LOCATION OF VIOLATION:311 16th AVE NE SERVED: KIRSTIN C MARTUCCI, 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:Este audiencia sera conducida en el idioma Ingles.Servicos 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, Colleen Crawley From: PerezCristina Sent: Monday, April 16, 2012 12:36 PM To: Colleen Crawley Subject: FW: KAM Concrete Pumping (Golden Gate Estates) From: davc823 @aol.com [mailto:davc823 @aol.coml. Sent: Monday, April 16, 2012 12:11 PM To: PerezCristina Subject: KAM Concrete Pumping (Golden Gate Estates) Case#CELU20110006574 Property: 311 16th Ave NE Naples, Fl 34120 (KAM Concrete Pumping) Ms. Cristina Perez, This is in regards to having our concrete pumps parked at our residence out in the estates. We have purchased a piece of industrial property over by Radio Rd. Due to the purchase of the property, we have very limited funds to get the property ready for the company. We are asking for an extension to be able to keep our pumps on our property until January 2013. We really need to have time to get the money to pay the impact fees, clear the land,bring in fill, and pour a slab of concrete to park the pumps on. I thank you so much for your patience and willingness to work with us on this matter. Case# CESD20110008406 In reference to the fence permit: We never put the fence in along the canal. We had taken out a permit to do a fence along the canal back in 2009 and we decided not to put it in. Thank you, Kirstin Martucci 239-353-7172 Davc823 @aol.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. ■••■ 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20 1 1 0008406 vs. KIRSTIN C. MARTUCCI, INSTR 4635245 OR 4744 PG 1115 RECORDED 12/8/2011 3:29 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 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: 1. That Kirstin C.Martucci is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 311 16th Avenue N.E.,Naples,FL,Folio 37493560007,more particularly described as the East 180 feet of Tract 49,GOLDEN GATE ESTATES,Unit No. 18,according to the plat thereof, as recorded in Plat Book 7,Page 7,of 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)and 10.02.06(B)(1)(e)(i)and Florida Building Code,2007 Edition,Chapter 1,Permits, Section 105.1 in the following particulars: A 384 square foot shed on the property;no valid Collier County Building Permit has been issued. Permit Number 2009081356 for a 6' chain link fence expired on 2/22/10. 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 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 a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 120 days(March 14,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 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`shaal_l not stay the Board's Order. DONE AND ORDERED this , day of�b0 • ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FL• i IDA BY: /' Ke - • air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of C\ \J 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 `1:� l�C Wt_ $.# `A' Notary Public-State of Florida NOTARY PUBLIC . •o My Comm.Expires Jun 18,2015 My commission expires: Commission#t EE 87272 °,, ,,,, Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER as been sent by U. S. Mail to Kirstin C.Martucci,311 16t Avenue N.E.,Naples, FL 34120tthis 93wday of \ie°ltit}i,r,2011. /)7? M.Jeay' awson, Esq. Floridar No.750311 2375 North Tamiami Trail, Ste.208 /3Te. Gt IX.iRit3A Naples,Florida 34013 ounty of COLLIER (239)263-8206 HERESY CERTIFyo 'ti•IArthiS IS a :rise ane correct ocagr e p aocumeni foie Utz 14u to On Recoras of comer Cour� ?�oarc�, o#fiiciatt this clna .moo of -, CLER1 Of COURTS � " P• :lam , . verzscliff-- • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20110008406 Kirstin C. Martucci Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, �',<1-,i,1 /l.?„1,-'i-uc?�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 CESD20110008406 dated the 27th day of June, 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 forrY ( \ I ; 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 $ \ .\( • 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 1 O days of this Hearing or a fine of$ I Sb. cO 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. 2 A , Respondent or Representative (sign) . v Diane Flagg, Director Code Enforcement Department I'r S4 1'r) L ��/ar 4„, Respondent or Representative (print) Date 1Y -/ Date REV 8/17/11