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CEB Backup 07/26/2012 Backup Code Enforcement Board July 26 , 2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: July 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. June 28, 2012 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. Serafin Riveron Jr. & Carida O. Menendez CESD20110012707 2. Anthony DiNorcia Sr. LLC. 2007100236 3. Anthony DiNorcia Sr. LLC. CELU20100022151 B. STIPULATIONS C. HEARINGS CASE NO: CESD20100007042 OWNER: KIRK SANDERS OFFICER: INVESTIGATOR MICHELLE SCAVONE 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: CESD20120000114 OWNER: OLYMPIA PARK RTL BLDG DEV. LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 6.06.03(A) FAILURE TO INSTALL STREETLIGHT AT NORTH ENTRY /EXIT AT VANDERBILT BEACH RD. FOLIO NO: 64630000021 VIOLATION ADDRESS: 2400 VANDERBILT BEACH RD. NAPLES, FL 34109 CASE NO: CESD20120000116 OWNER: VP OFFICE HOLDINGS, LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 6.06.03(A) FAILURE TO INSTALL STREETLIGHT AT NORTH ENTRY /EXIT AT VANDERBILT BEACH RD. FOLIO NO: 237600008 VIOLATION ADDRESS: 2244 VENETIAN COURT NAPLES, FL 34109 5. W CASE NO: CESD20110011822 OWNER: MIRIAM H. MONTES DE OCA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a), THREE SHEDS, A SEPARATE GARAGE AND ADDITIONS MADE TO THE RESIDENTIAL STRUCTURE, SPECIFICALLY A GARAGE, FLORIDA ROOM AND ENCLOSED LANAI HAVE NO VALID COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40410840001 VIOLATION ADDRESS: 4015 20TH AVE NE NAPLES, FL 34120 CASE NO: CESD20110006729 OWNER: JASON NARDELLA OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: 2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 110.1 USE AND OCCUPANCY PERMIT # 2009020211 FOR A POOL AND SPA EXPIRED ON AUGUST 4, 2009 WITHOUT FOLIO NO: OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION /OCCUPANCY FOLIO NO: 66262014467 VIOLATION 1329 SAINT CLAIR SHORES RD. NAPLES, FL 34104 ADDRESS: 343 BURNT PINE DRIVE NAPLES, FL 34119 CASE NO: CESD20110017156 OWNER: RONNIE G. & BEVERLY J. BISHOP OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) TURNED PERMITTED GARAGE INTO A GUEST HOUSE FOLIO NO: 294600009 VIOLATION ADDRESS: 1329 SAINT CLAIR SHORES RD. NAPLES, FL 34104 CASE NO: CENA20120003516 OWNER: STEVEN J. MARTARANO OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54 -181 CONSTRUCTION DEBRIS DUMPED ON THE ESTATES ZONED PROPERTY FOLIO NO: 39387240004 VIOLATION ADDRESS: 211 20TH ST. SE. NAPLES, FL 34117 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. 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 WITHOUT REQUIRED PERMIT FOLIO NO: 37221120305 VIOLATION RESIDENCE UNPERMITTED AND INCOMPLETE ADDRESS: 50 WILSON BLVD. S. NAPLES, FL 34117 2. CASE NO: CESD20100006940 OWNER: MICHAEL & AMY FACUNDO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 11, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22- 26(b)(104.5.1.4.4) EXPIRED COLLIER COUNTY BUILDING PERMITS FOLIO NO: 63860280007 VIOLATION ADDRESS: 318 WASHINGTON AVENUE IMMOKALEE, FL 34142 CASE NO: CESD20100021657 OWNER: FIFTH THIRD MORTGAGE COMPANY OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION & AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22- 26(b)(104.5.1.4); FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS SECTION 105.1 AND ORDINANCE 04 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(B)(1)(a) PERMIT 2009100320 EXPIRED AND HAS BEEN CANCELLED LEAVING ADDITIONS /ALTERATIONS ON RESIDENCE UNPERMITTED AND INCOMPLETE FOLIO NO: 74412600008 VIOLATION ADDRESS: 3420 CALOOSA STREET NAPLES, FL 34112 CASE NO: CESD20110009946 OWNER: CARLOS REGO RIVERS OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) ADDITIONS MADE TO THE REAR OF THE STRUCTURE WITHOUT PERMITS FOLIO NO: 35743160007 VIOLATION ADDRESS: 211745 TH TERRACE NAPLES, FL 34116 31 CASE NO: CEAU20110000498 OWNER: MATTHEW ARSENAULT & CHRISTINA ARSENAULT OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 WHITE FENCE SURROUNDING THE PROPERTY AND A BROWN WOODEN FENCE NEXT TO THE PRINCIPLE STRUCTURE FOLIO NO: 37226440006 VIOLATION PERMITS ADDRESS: 1056 TH STREET S.E. NAPLES, FL 34117 CASE NO: CESD20110003169 OWNER: KIMBERLY M. FRY OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) AND 10.02.06(B)(1)(e)(i) CONVERTED THE DOWNSTAIRS UTILITY ROOM INTO LIVING SPACE AND ADDED A ROOM ON THE FOLIO NO: UPSTAIRS DECK, BOTH WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY FOLIO NO: PERMITS FOLIO NO: 41883680004 VIOLATION 110 WILSON BLVD. S. NAPLES, FL 34117 ADDRESS: 6025 ENGLISH OAKS LANE NAPLES, FL 34119 CASE NO: CESD20100008561 OWNER: JOSSE L. PEREZ & ISABEL PEREZ OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) NO COLLIER COUNTY PERMITS OBTAINED OR INSPECTION AND A CERTIFCATE OF COMPLETION FOR THE POOL AND POOL SCREEN CAGE FOLIO NO: ENCLOSURE FOLIO NO: 37221090008 VIOLATION 2221 GOLDEN GATE BLVD. W. NAPLES, FL 34117 ADDRESS: 110 WILSON BLVD. S. NAPLES, FL 34117 CASE NO: CESD20110010712 OWNER: MANUEL OLVERA OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) PERMIT 200709908 FOR RE -ROOF THAT WAS CANCELLED WITHOUT COMPLETING ALL INSPECTIONS AND CONVERSION OF A GARAGE TO LIVING FOLIO NO: SPACE WITHOUT PERMITS FOLIO NO: 35765240002 VIOLATION 2221 GOLDEN GATE BLVD. W. NAPLES, FL 34117 ADDRESS: 1823 43' STREET SW NAPLES, FL 34116 CASE NO: CESD20120003258 OWNER: INTEGRITY FIRST CR SERVICES OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17 EXPIRED POOL PERMIT AND NO PROTECTIVE BARRIER AROUND THE POOL FOLIO NO: 36912040009 VIOLATION ADDRESS: 2221 GOLDEN GATE BLVD. W. NAPLES, FL 34117 10. CASE NO: CEPM20110003139 OWNER: CWALT INC. ALTERNATIVE LOAN TRUST 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: 37281720004 VIOLATION ADDRESS: 5612 ND STREET NE NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - August 23, 2012 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110012707 COLLIER COUNTY, FLORIDA, Plaintiff, vs SERAFIN RIVERON JR & CARIDA 0 MENENDEZ, 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: 07/26/2012 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: 1756 55th TER SW SERVED: SERAFIN RIVERON JR & CARIDA 0 MENENDEZ, Respondent Jonathan Musse, 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 major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. July 9, 2012 Colleen Crawley Grwoth Management Division/Planning & Regulattion Collier County Code Enforcement 2800 Horseshoe Drive N. Naples, FL 34104 Dear Colleen, I will like to request an extra 120 days extension on Case: CESD20110012707. Please let me know what will be the next step. Thank you, Serafin Riveron Jr. Can Do Construction Services Inc. 4784 32°" Ave. SW Naples, Florida 34116 CBC# 1254156 Thomas A Arthurs 239.280 9271 Schedule of Events Permit application Project: S& CO Properties 1756 55`' Ter. SW Date Description 1) October 28, 2011 1'` attempt to apply for permits 2) Nov. 2, 2011 Contracted T. Alan Neal Professional Land Surveyor 3) Nov. 8, 2011 Survey completed 4) Nov. 17, 2011 Picked up suncv copies (5) 5) Nov. 20'h 2nd attempt to apply for permits Keith A. Reed 239.572.=4986 Case: CESD20110012707 Remarks Rejected ( need site survey) Rejected ( need Site Improvement plan) Need total 11 copies 6) Dec — mid Jan Couple unsuccessful attempts to meet with administrator (Holidays) 7) Late January (2012) Met w/ administrator ( was instruction to provide fund $ 1150.00 for 1000 app fee 150.00 Fire Review) 8) Feb 15 "' Attempted to turn over the fiords to $ 1150.00 w? Michael Levv assistance ( Business Center Project coordinator. 9) March 20 " Picked up Sealed engineering plans Have taken nest. Photos Cover Shect ready for print Rejected For Reason of 1) plans size 24:36 2) Cover Sheet 3) Engineering seal 10) March 22 County code enforcement commission meeting (Granted 1.20 days 10) March 26"' heady for 3rd attempt to met with the site impro} -em.t dept. Mike Lew (Bus. Or. Proj. coord.) Suggested a pro -Site Delv mtg 11) April 10th Met with Paula Brethauer ( Mike Levy office) She was veTy helpful Scheduled a pre -app brd meeting for May 911' 1. 2) May 9 Attended to meeting with 12 copies of set of prints provided by our engineering and surveyor ( Mistake unknown : Copies 21 x 18) Results from the pre -app meeting 1) Suggestion from fire commission - Fire flow test and a. sun;ey shoiOng fire hydrn. Locations 2) Sprinkler (req'd unknown, TBD) 13) May 15'h — May 25"' Re -do prints and add suggested items to the plans. Error: Although the site dely commission did not acknowledge ghat the paper size plans form our surveyor and engineering firms. it was assumed that would ok size. 1 l) First week of June. (Had to delay a week because Paula Brethauer ( Mike Levi- office) went on vacation just after Memorial Day. 15) June 1.1 Meet with Paul to find out that (not listed in the checklist) that the cover sheet of the drawing also need to be scaled from our engineer, and that the surveyor needed to do Topograhic sun7eyor. (site elevation) 16) June 12 I notified our surveyor (Allen Neal). He in -turned placed a call into the delvopemnet dept and was told that it would not be necessary .. see attch e -mail. Also I was informed June 12`h from Paid a. Brrethauer ( Mike Levy office), that my cover page of the set of prints also needs to be Sealed copy from our engineering firm. Paula apologized, for again this was not a reg'd from the Checklist. 17) June 20 Waiting for updated prints from our engineer and surveyor. Note: Mike, from the beginning of time, I had known about the actual page size to be 36x24. But, being that our engineer and surveyor both printed on 24x18 , and the pre -app meeting had no concern about the paper sizel took the chance to submit the plans. This correction seems to be the final approach to follow, Time span for the site dely. Committee's for review is unknown, please request 60 day extention. Thanks to Attched: Letter of confirmation reg'd Topographic not necessary. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. SERAFIN RIVERON, JR. AND CARIDA O. MENENDEZ, Respondents CESD20110012707 INSTR 4679371 OR 4784 PG 1830 RECORDED 4/11/2012 3:51 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 March 22, 2012, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Serafin Riveron, Jr. and Carida O. Menendez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent, 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 1756 55TH Terrace S.W., Naples, FL 34116, Folio 36232640008, more particularly described as Lots 13 and 14, Block 155, of GOLDEN GATE, UNIT 5, according to the Plat thereof, recorded in Plat Book 5, Pages 117 to 123, inclusive, of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) in the following particulars: Addition of covered porch without 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 obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (July 20, 2012). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by July 20, 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day o n a 1 1, 2012 at Collier County, Florida. STATE OF FLORIDA ) )SS: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenne elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of I 2012 ,b`y Kenneth Kelly, Chair of the Code Enforcement Board of Collier ounty, Florida, who is personally known to me or who has produced a Flo 'da Driver's License as identification. 11 prag KRISTINE TWENTE Notary Public - State of Florida •; My Comm. Expires Jun 18, 2015 NOTARY PUBLIC My commission expires: j• ♦ °Q, �. Commission # EE 87272 ��iFOF F� °�� ^ BondPd Tnrouoh Na icna Notary Assn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been; sent by U. S-- ail to Serafin Riveron, Jr. and Carida O. Menendez, 450 17`x' Street NW, Naples, FL 34120 this '�/4�' day of ! 2012. M. Jearisawson, Esq. Florida Bar No. 750311 700 I4leventh Street S., Ste. 102 8�tt of ;s��a ..- Z a y lorida 34102 `;aunty of CC�L �� 'S; (2�3"63 -8206 I HEREBY CE4T1 Y-THAF%rs3IS4 .orrect copy 6t a document aA f4ie in Scs rd tlinttt 'i and,Recoras of U- -flo Ccu II l it -,SS my r9a �n offl 10 `h t �'!� Clay of DW1 NT E. BRC.GK, C OF-COURTS y � x. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.. CESD20110012707 Serafin Riveron Jr & Carida O Menendez Respondent(s), STIPULATION /AGREEMENT CONIES NOW, the undersigned, Serafin Riveron Jr & Carida O Menendez, on behalf of himself or as representative for Respondent and enters into.this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD201.10012707 dated the 13th 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 WWch W, QQlQ ; 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. Addition of covered porch without permit. 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 Joc-p— 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 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 ssessed to the property owner. Respondent or Re resertativ (sign) Diane , Director Fof . Code Enforcement Department Respondent or Repres ative (print)-- Date Date p REV 1/4/12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007100236 ANTHONY DINORCIA SR LLC, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Perm it22- 26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3963 Domestic AVE Naples, FL SERVED: ANTHONY DINORCIA SR LLC, Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 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 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 ]as comunicaciones de este evento. Por favor traiga su propio traductor. SOU R N'�.ct�. Earth Surfaces of America Inc. rF7/4 k 7 "Abell" July 10, 2012 Ms. Colleen Crawley Administrative Secretary Collier County Code Enforcement 2800 North Horseshoe Dr. Naples, FI 34104 RE: #CELU 2010 -00 -22151 & 2007 -10 -0236 Dear Ms. Crawley, As a follow -up to our meeting yesterday, I would like to highlight the steps that we have taken to cure the violations against the property at 3963 Domestic Avenue. • We have retained a landscape architect, Wayne Hook & Assoc., to redesign the landscape. This has required a new property survey, which has been completed. The survey reflected that the adjoining property's fence is on our property, delaying the process. • Architect Mario La Mendola, is in the process of developing as -build drawings. • We have removed all exotics as required and have cleared the area for the partial swell. • We have retained a general contractor who has obtained a C.O. for the major extension. Some other permits and C.O.'s that were previously approved were discovered by our general contractor during the process. We are proceeding with all of the above but this project has become more complex and costly than we originally anticipated. Therefore, we are requesting an additional 120 days to comply. Sincerely, Tony DiNorcia President Earth Surfaces of America, Inc. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. ANTHONY DINORCIA, SR., LLC. Respondent 2007100236 INSTR 4679360 OR 4784 PG 1804 RECORDED 4/11/2012 3:51 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 March 22, 2012, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Anthony Dinorcia, Sr., LLC is the owner of the subject property 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3963 Domestic Avenue, Naples, FL, Folio 274560004, more particularly described as the East '/z of the South % of the North 658.60 feet of the South 1347.20 feet of the West '/2 of the East '/2 of the East '/z of the Northwest 1/4, Section 36, Township 49 South, Range 25 East, Collier County, Florida, less the South 30.00 feet thereof is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i) in the following particulars: Numerous unpermitted structures, including office canopy structures, silos and buildings. 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), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By obtaining any and all Collier County Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (July 20, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 20, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. 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 $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 day of 1 �. , 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 � day of 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Count, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINETWENTE r r Notary Public - State of Flori&- �'' • •= My Comm. Expires Jun 18, 2015 '' Commission # EE 8727CEF Bonded Through National Notary Assn. rARY PUBLIC commission expires: TE OF SERVICE I HEREBY CERTIFY that a true M- 7ccorrect copy of this ORDER has been sent by U. S. Mail to Anthony Dinorcia, Sr., LLC., 6920 Hunters Road, Naples, FL 34109, this L.I t-`- ay of 2012. M. Jean Rawson, Esq. tsw c . itit I ' . `Florida Bar No. 750311 uounty of (:i._ '700 11`h Street S., Ste. 102 Naples, Florida 34102 i HEREBY CERTIFY THAT this, is a *an# (239) 263 -8206 .orrect copy oT actis'rgent o6,ftle in Board Minu£e3 ar?drRec ©tt at C Viet Co u* r--�Ss� rnr_rp '�a o * a�.se l this �� 0 f f l�� Gag :, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007100236 Anthony Dinorcia Sr. LLC Respondent(s), STIPULATION /AGREEMENT A,4k \Crj COMES NOW, the undersigned, 8h 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 2007100236 dated the 18th 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 3.z2 -Iz; 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. Numerous unpermitted structures, including office, canopy structures, silos and buildings THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ l ,d-=r'ncurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining any and all Collier County permits, inspections through to certificate of occupancy or certificate of completion for all unpermitted structures or alternatively obtain any and all demolition permits within I2-o days or a fine in the amount of 2dywill 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 via, ti into compliance and may use the assistance of the Collier County Sheriff's Office to enfo.rc e p isions of this agreement and all costs of abatement shall be assessed to the property pondent or Representative (sign) Respondent or Representative (print) � --�---/1,z Date 4r Diane Flagg, Director Code Enforcement Department 3.5 Z Date REV 1/4/12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20100022151 COLLIER COUNTY, FLORIDA, Plaintiff, vs ANTHONY DINORCIA SR LLC, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: SDP Required 1 0.02.03(B)(5) LOCATION OF VIOLATION: 3963 Domestic AVE Naples, FL SERVED: ANTHONY DINORCIA SR LLC, Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five. (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. July 10, 2012 Ms. Colleen Crawley Administrative Secretary Collier County Code Enforcement 2800 North Horseshoe Dr. Naples, FI 34104 RE: #CELU 2010 -00 -22151 Dear Ms. Crawley, As a follow -up to our meeting yesterday, I would like to highlight the steps that we have taken to cure the violations against the property at 3963 Domestic Avenue. • We have retained a landscape architect, Wayne Hook & Assoc., to redesign the landscape. This has required a new property survey, which has been completed. The survey reflected that the adjoining property's fence is on our property, delaying the process. • Architect Mario La Mendola, is in the process of developing as -build drawings. • We have removed all exotics as required and have cleared the area for the partial swell. • We have retained a general contractor who has obtained a C.Q. for the major extension. Some other permits and C.O.'s that were previously approved were discovered by our general contractor during the process. We are proceeding with all of the above but this project has become more complex and costly than we originally anticipated. Therefore, we are requesting an additional 120 days to comply. Sincerely, Tony DiNorcia President Earth Surfaces of America, Inc. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ANTHONY DINORCIA, SR., LLC. Respondent CELU20100022151 INSTR 4679361 OR 4784 PG 1807 RECORDED 4/11/2012 3:51 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 March 22, 2012, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Anthony Dinorcia, Sr., LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3963 Domestic Avenue, Naples, FL, Folio 274560004, more particularly described as the East 'h of the South '/z of the North 658.60 feet of the South 1347.20 feet of the West '/z of the East '/2 of the East '' /z of the Northwest 1/4, Section 36, Township 49 South, Range 25 East, Collier County, Florida, less the South 30.00 feet thereof is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.03(B)(5) in the following particulars: Swales on sides and rear of property filled in violating SDP 2004 AR5054. 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 10.02.03(B)(5) be corrected in the following manner: 1. By obtaining all Collier County Building Permits for all unpermitted improvements or by obtaining a Demolition Permit and restoring the property including the swale to its originally permitted condition within 120 days (July 20, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 20, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. : That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day oft 2012 at Collier County, Florida. i CODE ENFORCEMENT BOARD COLLIER 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 �-I 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. ►CRISTIN qofida 555 uy'�'B�y�4 Notary public Tres to oil8, 2015 Exp Jun y My Comm EE 87272 # ion �` i ez Cotnmiss ton ?tniedatyRsSn •5 555 \�,` ��n��q1 T�1'41lVQh 1QA. : ar.,wC rARY PUBLIC commission expires: TE OF SERVICE �''-�' I fiEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Anthony Dinorcia, Sr., LLC., 6920 Hunters Rd., Naples, FL. 34109 this L {day of i = , 1 `_ , 2012. /M. J6 son, Esq. Florida ar No. 750311 700 Eleventh Street S., Ste. 102 8bat4 of Naples, Florida 34102 (239) 263 -8206 �O'JMY Of COLLJ- HfBEB `CERTI TOAD' thri'it - orrect tbCiy or ..�s - dUMeht Op ft.-e in Roard indtes . n kkords of d 00jer C p v my gat ift `cay Qr NIGHT 8R�4iKi f CLERK O C�I�# RM BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20100022151 Anthony Dinorcia Sr. LLC Respondent(s), STIPULATION /AGREEMENT An-khon COMES NOW, the undersigned, W� s °r " 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 CELU20100022151 dated the.? g day of October, 2011 In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 3.-z2- t2-; 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. Swales on rear and sides of property have been filled in THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ P 5 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier Building Permit(s) for all unpermitted improvementss or obtain a Collier County Demolition Permit and restore the property including swale, to it's originally permitted condition within 11-0 days of this hearing or a fine in the amount of Zoo 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 vj.glation into compliance and may use the assistance of the Collier County Sheriff's Office to enforcethp /provisions of this agreement and all costs of abatement shall be assessed to the property spondent or Representative (sign) Respondent or Representative (print) 3 /-2� Date Diane Flagg, Director Code Enforcement Department 3.5-12- Date REV 8/17/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007042 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRK N SANDERS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/26/2012 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 Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -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 audience 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. CESD20100007042 Kirk N. Sanders, 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):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 86, 2010. 6. Date owner /person in charge given Notice of Violation: September Is', 2010. 7. Date on/by which violation to be corrected: September 29`', 2010. 8. Date of re- inspection: May 17`r', 2011. 9. Results of Re- inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 17th day of May, 2011 s I -tv ✓Vl -AiTie Botts Oode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S to (or ff ed) and subscribed before this 17th day of Maw, 2011 by Azure Botts Signa e of otary Public) (Print/Type /Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) Colleen Davidson Commission #DD998206 REV 1-5-11 ` Expires: J-U^IE 07, 2014 SODDED =D ATLA rrc BOND 'Nc co, INC- Personally known 'f or produced identification Type of identification produced • REV 1-5-11 Case Number: GESD20100007042 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 structurefimprovements: AND / OR M ust remove said structure /improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. 4. Must cease all extra use at any and all property other than property zoned for commercial use as identified in Ordinance 04 -41, as amended, Section 2.04.03, Tables 1 and 2. Must remove all extra mobile homes other than what was approved in 1975 from property and /or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and /or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 0912912010 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 remaipA, and costs of prosecution. SER rED BY: INQUIRIES AND COMMENTS SHOULD BE f DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Iny�(rs/igator Signature ��_.. Phone: 239 252 -2440 FAX: 239 252 -3900 Azure Sorrels Signature and Title of Recipient Printed Name of Recipient Date . � . i | i � ' \ E -Codes SECTION 105 PERMITS page 1 of 1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any 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. httn: / /ecodes. citation. com/c�i- exe /cpage. dU ?pg= cutnbdrx &rp =d: ° /oS C.-,�iebc.ontent %5 Conli... 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS 10.02.06- Submittal Requirements for Permits Page 1 of 2 d to the County must meet the requirements for that particular permit, A. Generally. Any permit submitte 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 (DR[), 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. Ili] 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.muricode.com/HTML /13 2/ leve12/ CHl OAP RED EKIPR_10.02.00APREItmi 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 oil 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). httro: / /librarv.rn=' code. com/HTML/ 13 992 /level2 /CH 1 OAPREDEKIPR_10.02.00AI'RE.htrnl 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/leve12/CH2ZODIUS2.02.00ESZODI.html 5/17/2011 Qi ��parea B >. 3607 TAIA AMI TRAlt. NOR11l NAPIA.S, 1 13101 incidental to the issuance ul a title insuratice policy file *: 5 "9G465 -MS Parcel 11) 9: 56150200005 and 56 1 5052000 2 C;ranter(s) SS V. NYARPiAfNTY DF:EI) (INDIVIDUAL) * ** 2381544 OR, 2469 PG. 1190 RBCORDID in OHM! RICORDS of COLLIII COM, YL 10/61/18 at 0' ;3PN DwIGE? 1. MCI, CAII cows 0. 00 ABC *8B 8.66 ReLh: BTICUTIYB T1 ?:B iHiJRAHCB ?lCT t:F This WARRANTY DLLD, dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of F.. Thomas Wainw right, tir, , Deceased +vItose post office address is 4141 Chantelle Drive, Apt. D101, Naples, FL. 34112 herinafter called the GRAN 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 punts~ to this instrument and the hens. legal represontatneS Intl assigns of individuals, end the successors and assigns of corporati(.In+. ) WITNESSETFI: That the• GRANTOR, for and in cunsidcration of the Suet of 110.00 and other valuable con <nderatiuus, receipt whereof is hereby acknowledged, hereby grunts, bargains, sells, aliens, renames, releases, conveys and confirms unto the t;KAN fEE. all that certain land situate in COLLIER County, Florida, yit� L ry LOTS 9, 26, 27, 28 AND THE NORTH 28 FEET "j'L: (YT N BLOCK PLAT BOOK 1, PACE 46, OF PUBLIC EjE�ti OF C "OLL[E :H CO�tt r SUBJECT TU covenants, conditions, rcstnct1 Its, er tit i. Inns a ism, fr` sent assessments for the year 97 and subseyu nt y `;test tin to alL pp sidle r. Irvin imposed by governmental authetrities, il'any, D TOGETHER with all the tenements, hereditai ipl.� I } gp d it V t erf o be II I 'ter TO HAVE AND TO HOLD, the same in I'ec dOS SUBDIVISION, AS RECORDED IN "OR, DA, and grrenlents ul I't'CUrd. II art \', taxes and limn es and or re�trlcllon; ,old prohibitions / �n+ + Ise apprrcull ut . AND THE GRANTOR hereby covenant. with sat It N [T.F that except :n .tb i nibf the GRAN I OR is Ia+I full+ +rued of id Ind in fee simple; that the GRAN FOR has good n tt1 wCul authurit} �l,t I�arhd conve\ said Land; that the C;KAN f OR herrbr fully warrants the title to said land and will defend the Me }i s �cfditll' all persons +thumsuc-er , i cam/ IN W[TNF.SS WHEREOF', CiRANTDR has signed and sealed these present, the date sit forth above. SIGNED IN THE PRESENCE: OF T1 IL' i�) G W1'I'NESSF:S: Signature: `� - -' Witness: pr � - - - -- I Marjorie S. N•ainwrighl ii l N T L ' Signature; � = Witness: Pr t - - - -- — ---- f -_.__. State of Florida County of Collier 1 HEREBY CE.RTIPY that on this day, before me, alt otticer dal} authorized in the Stare aturesaid and in the t.'ouort aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E. Thomas Wainwright, Sr., Deceased , t me Io+s n to be the person (s) drscrihrd in and wtlo executed the foregoing instrument or ++ho has produwed its identification and who did not tide cal oath. aLkIVMkIedgCd t'el'orc mr titan he tic. tiley rsreute.i the �.unc WI INESS m\ hand and oftie;al -rill in Ihr C'aunry and State luu atartsald this ___ dn) of 4 %G Z atrrlRl' " naturrl c° _ No 1.1K1' I't fHI.1C', (Print Nallle) „l 1•; ��CrIIfCS fi }'. 3507 TAMLAHtTRAmsoit'rn N:kPLt:S, FL. 11103 incitknul to the issuance of a title insure ace radio Filc k: 5.95465 -MS Parcel ID 9: 561502ON05 and 56 1 V-520002 Cirantce(s} SS v )iVAR4tANN'rl UE ba) (INDIVIDUAL) * ** 2381544 OR: 2469 PG: 1190 RICORDID it D£FICIA'_ RECORDS of COLLIER CDOETT, IL 10109iH it 02 {3Pfl DWIGHT 1, BROC1, CLERK cans Itaaaa.oa 31C *SF 6.t?tt Pets: 1I1CUTIY1 TITI; .K5JRAFCS ?lCI t'f This WARRANTY DEt:U, dated October 5, 1445 by Marjorit S. Wainwright, Surviving Spouse of E. Thomas Wain" right, 1,r. , Deceased whose post office address is 4241 Chantelle Drive, Apt. DIIIi, Naples, FL. 34112 herinafter called the GRAN] 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 "Urantor" and "Grantee" include all panic, to this instrument and the hens, legal represcmatnes and assigns of individuals, and the successors and assigns of corpuration,.l WITNESSETH: That the GRANTOR, for anti in consideration of the sill" of 510.00 and other valuable cons de(ations, rccetpt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and cnntirms unto the LIRAN FEE, all that certain land situate in COLLIER County, Florida, vi LOTS 9, 26, 27, 25 AND THE NORTH 25 F PLAT BOOK 1, PAC ;E 46, OF THE PUBLIC SUBJECT TO covenants, conditions, restncti l assessments for the year 97 and suhseyu tit imposed by governmental authorities, itany, TOGETHER with all the tenements, hereditai i6l TO HAVE AND TO HOLD, the carne in I'ce si% 5, BLUCa: . OF COLLIER C to all-a Pp cuhk AND THE GRANTOR hereby covenaits with sa' Q N 11.1: that except a, land in fee simple; that the GRAN FOR has guild G "k a fill uuthoritt " fully warrants the title to said land and will defend the lair\i`` dirt I ill IU SUBDIVISION, AS RECORDED IN and agreements ill record, It dll \', (a \es and Linarl •es and or re,tncuoD; and prohibmons ,A r,e appert:utung. Isxhe GRAN IUK is lasttulk —zed 01- -vaid ..onve) said iand; that the LiRAN IOR hereby all persons whorttsoe\er IN WITNESS WHEREOF, GRANTOR has signed and sealed these present, the date set forth above. i SIGNED IN THE PRESENCE Of: THE F0I,Ll8dT1JG WI'('NESSf:S: Signature: Witness: Print N Marjorie S. Wainwright �., .� .... l L - - ._:_ Signature: � ..- __ . .. Witness: Pr t Stale of Florida County of Collier 1 HEREBY CERTIFY that on this day, before me, an officer duty authuriced in the stale aturesaid and in the L'ounty aforesaid, to take acknowledgements, Rersonaliy appearrd Marjorie �. W'ainwright, Survvning Spouse of E, Thomas !rain "right, Sr., Deceased , tLV me ua +n to be the persun (NJ described in and atto C\.rCn[rd the foregoing instrument or who has produced .. _ its identification and who did not talc an path, .gloom Icdged f elbrc inc that hc:.hc. they :•\rcutVJ th; ..uoe N'I I'NfiSS m} hand nntl official seal in the ('aunty and titatr Ias, aforrutd this dm of b tsi it 1' nature l� NO 1 AK), PtIRI.IC', (Print Nume) i r, 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 Coed 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 Michelle Scavone, Code Enforcement Official Department Case No. CESD20100007042 DESCRIPTION OF VIOLATION: Mobile homes installed on property and additions/alterations made without first obtaining all required 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 any and 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. Kirk N. Sanders Inv. Michelle Scavone Department Case No CESD20100007042 INVESTIGATIONS Hours Per Hour Total $0.00 I 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(Add!Pages) 3 $8.50 $25.50 FOF Total $81.43 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 $0.001 Total Operational Costs $81.43 Details Page 1 of 1 Property Record Sketches Trim Notices • .• .=.4 -- .1 Current Ownership Parcel No. 56150200005 I Property Address 2280 PINELAND AVE Owner Name SANDERS, KIRK N Addresses PO BOX 2481 City NAPLES State FL Zip 34106-2481 Legal LOS PINOS ELK A N 28FT LOT 8, ALL LOT 9, 26&27 7 Section Township Range Acres*Acreage Map No. Strap No. 11 50 25 0.63 5A11 471700 A 85A11 "1tI Millage Rates Sub No. 471700 1 LOS PINOS 11`1 Millage Area School Other Total Use Code 28 112 5.527 6.4951 12.0221 'See Instructions for Calculations 2012 Preliminary Tax Roll Latest Sales History (Subject to Change) I If al i VaiLlOS shown n N + 0 this parcel w w created a■ , IC ' Tax Roll Land Value $68,500.00 Date Book-Page Amount (+)Improved Value $0.00 10/1998 2469-1190 $120,000.00 (.)Market Value $68,500.00 (-)SOH Exempt Value&Other Ex( iphc $0.00 11/1989 1485-6 $0.00 (=)Assessed Value $68,500.00 08/1984 1099-373 $0.00 (-)Homestead and other Exempt Volud $0.00 (=)Taxable Value $68,500.00 (z)School Taxable Value(Used fc ;cod Taxes) $68,500.00 SOH="Save Our Homes"exempt value due to cap on assessment increases. The Information is Updated Weekly. http://www.collierappraisencom/RecordDetail.asp?Map=No&FolioID=56150200005%20... 7/25/2012 _ I YbacetaEverildo From: Ernie Kerskie(ekerskie©collierappraiser.com] Sent: Thursday,October 07,2010 2:40 PM To: YbacetaEverildo Subject: Property Owner Help Attachments: E NAP TRL PK ZONING.pdf Dear Mr.Ybaceta, This email may not be associated with your line of work up on Horseshoe, but please bear with me and I am sure you can direct it in the right individual. Property owner Kirk Sanders came to our office on Tuesday, Oct 5, 2010, looking for some help. It seems that code enforcement has targeted his trailer park property off Pelton and Pineland Avenues, north of US-41,just behind the Wendys("East Naples Trailer Park")for code violations. He has owned the property since 1998 and said he was told at the time of purchase by everyone involved that the property was compliant It is an extremely old trailer park and according to Mr. Sanders it was established in approximately 1956. Due to the age of the park and how long it has been established, Mr. Sanders believes his uses and or buildings should be considered"grand-fathered"and possibly legal non-conforming. He came to our office originally looking for permit numbers that sometimes can be found on the property cards, but unfortunately there are no permit numbers on the property cards associated with his two folio numbers(56150200005& 56150520002). The properties are both assessed as vacant and the improvements(mobile homes)are considered motor vehicle. I am not sure exactly what structures he is looking to see if it or they are permitted, he did not share with me why code enforcement is citing. He then questioned the zoning of the property and I pulled up the Collier County Growth Management Division Planning and Regulation Zoning map and explained that the property according to the map is zoned GTMUD-MXD C-4. For starters, he would like to know: I♦r 1)When and by what Collier County Ordinance and official recording did the property receive this current designation? 2)What was the prior zoning to GTMUD-MXD C-4 and what Collier County Ordinance and recording made it that designation? 3)What was the zoning before that or at the time of platting of the Los Pinos subdivision in Plat Book 1 Page 46? I have attached a PDF file showing the partial zoning map and the location of the properties and their folio numbers. Can you please assist this property owner with the above questions,direct it to the correct zoning individual or maybe connect • Mr. Sanders with a Collier County Growth Management Division Planning and Regulation Liaison Officer to assist him? I am trying to ascertain other information for Mr.Sanders not regarding zoning information,but historical records if we have any. Thank you for your attention to this matter, Mr. Sanders was quite polite and at this point he is exasperated with getting turned around to so many different county offices. Sincerely, v Ernie W.Kerskie,CFE Director of Mapping Collier County Property Appraiser 3950 Radio Road - Naples, Florida 34104-3750 • Direct No.:239-252-8161 INSTRUCTIONS Note:Complete this form in its entirety.Shade each applicable bubble in pen or pencil.The EXPLANATION OF CODE REFERENCES is for informational purposes only and is subject to change.The current Florida Administrative Code should be consulted for the official version of these references. EXPLANATION OF CODE REFERENCES 51.1.E 1.Drainage:64E-15.002(1)(a).Parks must be evaluated by the county public health unit for environmental health hazards and erosion determinations. 2.Space Size:64E-15.002(2xa)(bx3xaxe).Space requirements for tent spaces are 500 square feet;1200 square feet for Rvs;2400 square feet for single wide mobile homes;and 3500 square feet for double wide mobile homes.Spaces developed before the effective date of this rule are grandfathered. 3.Density:64E45.002(3).There are no more mobile homes and or RVs than the permitted number of spaces.The park has not increased the number of permitted spaces without prior approval from the CHD.RV spaces are limited to no more than 25 per acre. 4.Roads:64E-15.011(4).The roads accessing and within the establishment are maintained to accommodate the vehicular traffic including emergency vehicles. 5.Setbacks.64E-15.002(2Xc)(3xd).Spaces and buildings are located at least five feet from the exterior boundary.Spaces are at least 25 feet from a highway and its right of way. WATER SUPPLY 6.Approved System:64E-15.003(4 64E-15.006.The water supply system has been approved by the Department of Environmental Protection or the Department of Health.Mark item 7 for repairs of system. 7.Distribution System:64E-15.003(2x3).The water distribution system has been approved by the local plumbing jurisdiction. 8.Bacteriological/Chemical:64E-15.003(1).The water system is sampled in accordance with the frequency and limits of Chapter 62-550 or Chapter I OD-4,FAC. 9.Backflow Prevention:64E-15.003(2X3)(a).Back flow or back siphonage devices are installed in the water distribution line connecting from the main to the unit in new facilities. 10.Water Stations:.64E-15.003(3xaxb).The prescribed number of water stations are available at the recreational vehicle park. SEWAGE DIS(OSAI 11.Approved System:64E-15.004(1).The sewage treatment and disposal system has been approved by the Department of Environmental Protection or the Department of Health. 12.Plumbing:64E-15.006.All plumbing has been approved by the local plumbing jurisdiction.All sewer to R.V.unit connections are readily removable,acid resistant,and of semi-rigid material. The connections are capped when not in use.Sewer to unit connections of mobile homes are rigid,fixed connections. 13.Dump Stations:64E-15.004(5)(6)(7).The prescribed number of sewer dump stations arc available at the recreational vehicle park. • *14.Septic Tanks:64E-15.004(1).This item provides for the marking of septic tank repair violations. SANITARY FACILITIES 15.Adequate:64E-15.005(1).All RV parks constructed after the effective date of this rule have the minimum number of required sanitary facilities for each gender.The numbers of sanitary facilities have been exempted at RV park's as of January I,1993,unless otherwise noticed. 16.Ratio:64E-15.005(2x3x4).There are the right number of sanitary facilities for non self-contained RV spaces. 17.Repair:64E-15.005(5).Sanitary facilities fixtures are operational and have accessory supplies for patrons and guests. • GARBAGE AND REFUSE DISPOSAL, 18.Storage:64E-15.007(1x2).Solid waste is processed in a manner that does not create nuisances,odors,harborage,insect breeding accident hazards,or air pollution. Garbage is stored in impervious containers with tight-fitting covers. 19.Collection/Disposal:64E-15.007(3).Garbage and other solid waste are collected in the frequency of the local jurisdiction and the waste is disposed at a DEP approved site. INSECT AND RODENT CONTROL 20.Harborage:64E-15.008.The premises are free from rat harborage and rats. 21.Extermination:64E-15.008.Effective extermination measures are taken when rodent and insect vectors are found. **RECREATIONAL CAMPS **22.Sites:64E-15.009(1)(axbxc)(d).The site is located to minimize insect and rodent infestations.The roads accessing and within the establishment are maintained to accommodate the vehicular traffic in a safe manner.Designated tent spaces are a minimum of 500 square ft. 23.Shelters:64E 15.009(2xaxbxcxd)The shelters provide enough space to prevent overcrowding,provide separate sleeping facilities for each gender,and provide screening of not less than 16 mesh for window and door openings. 24.Heating:64E-15.009(3)(axb).There are approved heating devices or equipment in permanent,non transient structures to maintain a minimum temperature of 68 degrees Fahrenheit during the • months of September through April.Cooking devices are not considered heating equipment. 25.Electric Wiring:64E-15.009(4).Electric wiring is installed in accordance with the local electrical ordinance or the 1993 edition of the National Electrical Code. 26.Beds and Bedding:64E-15.009(5)(a)(bxexd)(e).Beds are provided for camp occupants when other arrangements have not been made.Mattresses and other bedding which has been sanitized are provided.Bedding is checked regularly to ensure freedom from vermin.Prescnbed standards of spacing between beds and bunks are maintained. 27.Food Service Facilities:64E-15.009(6xaxb).There is a 64E-11,FAC,kitchen operating at this facility.The kitchen is permitted by DOH.Accessory kitchens have been approved by the health department. 28.Sanitary Facilities:64E-15.009(7xa)(b)(cxd)(e)(})(g).There are the prescribed ratios of toilets,urinals,showers and handwashing fixtures for each gender in barracks and dormitory type shelters.Sanitary facilities are located within 200 feet of each sleeping room.There is a satisfactory method for laundering bedding and clothing. • 29.Water Supply:64E-15.009(8xaxbxc)The water supply is approved.When drinking fountains are provided they are out of the angle jet type. 30.Sewage Disposal:64E-15.004(1),64E-10.010(1).The sewage treatment and disposal system is approved by DOH or DEP. 31.911#:64E-15.011(4).Each recreational camp has access to Emergency Medical Care.The name of the operator and how to contact that person is posted in prominent places. 32.Disease Control:64E-15.011(3).The operator or supervisor of a recreational camp has been informed of the reporting responsibilities of communicable diseases to the CHD. Emergency medical staff are aware of the location of the recreational camp. PERMITS AND FEES 33.Permit Current.Chapter 513,FS.,All permits expire September 30 of each year.The permit is current 34.Plan on File:64E-15.010(2Xb).A current copy of the layout and configuration of the park or camp is on file at the health department. 35.Permit Application:64E I5.010(2xa)(bxcxd).Park and camp operators must make annual applications for permits. • 36.Fee Paid:64E-15.010(3xaxb)(c).Parks and non-exempt recreational camps shall pay the established fee per space or its equivalent of occupants to space. OWN R/OCCUPANTRESPONSIBQdTY 37.Maintenance:64E-15.011(1).The premises of the park or camp must be maintained free from rubbish,waste paper,garbage,litter,and other refuse.Repairs of water and sewer systems • must be given the highest priority of maintenance. 38.513 Available:A copy of Chapter 513,FS.,must be available to all R.V.park management and patrons during normal hours of operation. STATE OF FLORIDA .7,-;. c. - DEPARTMENT OF HEALTH *" '.f`.: COUNTY HEALTH DEPARTMENT - ,. ti>ti," MOBILE HOME,LODGING RECREATIONAL VEHICLE PARK,RECREATIONAL PURPOSE: CAMP,AND MIGRANT PARK TYPE: ow ROUTINE O REINSPECTION INSPECTION REPORT C=1 MIGRANT PARK =I CONSTRUCT. NEW t= MOBILE HOME PARK CI COMPLAINT o CHANGE OF OWNER = LODGING PARK O QA aURVEY =I CONSULTATION MN RECREATIONAL VEHICLE PARK O ';VHER O RECREATIONAL r j1fAfE OF PARK OR CAMP tin- NM7LLS �(kNILLK i nK � '„,. UL' ` Cl Satisfactory Ar�bRESS" i PI�N1 kLAN Q Slid- E 1 CITY NAd1LAF S OWNER 4CI t' t( S ANI D>;k S ZIP 34112 o Incomplete r= Unsatisfactory pE,,LSON IN CHARGE • • k 1 ■ PHONE 23q- 290- 3720 Correct Violations by - In Next Inspection iy,, AND e o 8:00 AM on: 14() I) 245 �i ITIO rye: . e B MI "�n+' .DATE . 1 ( 2 DATE ;, $ ; 2PAC> ' �� 210 1 100 G 3 23 1 2 GI 111111©4 Illi�IFEI MHP 1i t27 C�ondeM/�r�o ...[YID.....■.e 05 C37 ti17 a1:33 WO t• alcOacODE00=105 c0a E J EOJ DO al an 210rVAI to41ti5 ctoc1:1EtaCIDC706 Gil MEM CI7[lo .•C]7 •■MI Elm t [1=1 RV ra[�W.'-07 r53 2.0 E5220 t23 411t23t=07 r23 t2I1:21[23 w ... r.E23 rat23 4116411112J ....Cu RI AM 08 1 I t8i r25 E47 25 =08 41W30 C3 c30 •,.sc. R.E3:] •,.1:20 E3o r3a r 1 ! • 09 On 30 Elt 30 an ant=09 tom 1:43 tam Edo E4D •'•EN •.•t 13o Et7= Occu ied C5o MI o 10 �1 Eli]33 G5o i =310 r C57 MI E5D E37 -•[5� t ....t 1=5:1 E 5o t Spat •:.-11 CV OS 1:9:1 40 143 cal C:=111 C67❑l3CE7[$7CEO •..C67 •...: '•..(27C$7E515'7 13 •. ....12 cl i)45 4 0 45 Er) citilmb 12 EZD ETi On az EV ■■MI .... ..ETD EV E7D CrJ Cam ... ...013 Occupants Ct3150 Ittl 20 23:3 t$A_J 13 MI 21a 213 23:121:1 •:•2: ••••.• a..EEO E$7E$]C$7 �• •'■.14 X35 2223 Ego c03 14 1 al3c9o4•L9a •,•1:90 t 7 113c91[9D N /A o OUT OF'BUSINESS ,� ■ k'9' ..1, t l irenwnts of Chapter 64E-15 of the Florida Administrative Code and must be'corrected C. . r. 4`r "'r,` a t�olt�,R Violation ofChapter 64E-1 S of the Florida Administrative Code and Chapters 381,3 '6 �',, ,44,j,,,,, pit` d '1 �A# �lcpt in the Results section above,or a citation,administrative fine,or other legal ttctieet:; , I. ,p-t: ,, , ,: SITE AND LAYOUT SEWAGE DISPOSAL VERMIN CONTROL o I.Drainage o 11.Approved System ma 20.Harborage C=3 31.911 it r= 38.513,FS,Available I= 2.Space Size o 12.Plumbing o 21.Extermination o 32.Disease Control OTHER STATE 0 3.Density = 13.Dump Stations RECREATIONAL CAMPS** 0 39. 0 4.Roads o 14.Septic Tanks o 22.Sites PERMITS AND FEES o 40. 0 5.Setbacks SANITARY FACILITIES o 23.Shelters a 33.Permit Current o 41. DRINKING WATER o 15.Adequate(1993) Q 24.Heating o 34.Plan on File o 42. 0 6.Approved System o 16.Ratio 0 25.Wiring 0 35.Permit Application o 43. 0 7.Distribution System o 17.Repair Ci 26.Beds and Bedding C= 36.Fee Paid OTHER LOCAL o 8.Bact./Chem.Samples GARBAGE AND �I 27.Food Service OWNER/OCCUPANT o 44. rlir 9.Backflow Prevention REFUSE DISPOSAL 0 28.Sanitary Facilities RESPONSIBILITY o 45. 0 10.Water Stations aim 18.Storage 1=3 29.Water'Supply o 37.Maintenance r=46. = 19.Collection/Disposal 130.Sewage It is unlawful to modify any Mobile Home,Lodging,RV Park,Recreational Camp and Migrant Park without first having obtained approval from the department. I i ITEM COMMENTS AND INSTRUCTIONS NUMBERS (continue on attached sheet) N ■k Mo\L SINK AND WLF k1GLIZATDR iiMisA CARVOU dt 3, ItLM(.AJL rI\i> j6C1) kND I'NGI'ItNL Ti\NKS - k3LIIIND "5, kklti'IOVL LINI.ISLD TC.ILII BLIIINI) " 0, S hIS i 1'L`I\OM) 13L1 NLLN4 (\NO U, V'JGU[) ANDIILI S 13�IIIND 4- C�AK �1GC- " 2 j 2() RI- L Ik 1 , "Q , si 13. '1 q 13ACK11GW I'I of NTl()N 1)0j1CLS MISING :-7 n HEALTH DEPARTMENT INSPECTOR I t I N,• ,t PHONE.?51 .l C� 543 COPY OF REPORT RECEIVED BY: MAILLD TO I`)t 4NL DATE: 05 '25141 DH Form 4039,1/05(Obsoletes Previous Edition and HRS-H Form 4036) ESTABLISHMENT/FACILITY STATE OF FLORIDA ' F`tC f -'''.4.4 , • DEPARTMENT QF HEALTH COUNTY HEALTH DEPARTMENT "' ,. --.i MOBILE HOME,LODGING,RECREATIONAL VEHICLE PARK,RECREATIONAL v ,,,,,,o- PURPOSE: CAMP,AND MIGRANT PARK TYPE: tt 1 ROUTINE o REINSPECTION INSPECTION REPORT o MIGRANT PARK o CONSTRUCT. O NEW = MOBILE HOME PARK O COMPLAINT o CHANGE OF OWNER o LODGING PARK O QA SURVEY O CONSULTATION Ca RECREATIONAL VEHICLE PARK J 0 OTHER O RECREATIONAL CAMP East Naples Trailer Park NAME OF PARK OR 2280 Pineland Street 11-54-00223 ± SULT� ; ADDRESS Naples FL, 34112 s�Satisfactory Owner: Kirk Sanders(239)290-3720 o Incomplete OWNER Contact: Kirk Sanders (239)290-3720 o Unsatisfactory PERSON IN GHARC Recreational Vehicle Park Correct Violations by o Next Inspection •t t� ..gii'",END S 0 8:00 AM on: 5r"Y 2 l JC 'r.DATE'„ 't TIO M ''s'74't' MIT N M s MI ", DATE k . IIID4IIIE C OMt 00 Q: CZiI9� / (7 G / / / f r M H P X 05 EXKIUMMIDEll t 7 cU:r cOie 05 eO CDJ CW c0 c0] .r.•r. ...1=0:1 .,.0630001:00= MMilmE1a=06 E J4S MBIO a=104=1:1=06 E$74nICIt it a -..,. .... ..l 7 1:1=LZ] RV E23M 3=07 MM MW t2p to E27 cIti.o 07 EZ]C27 E27 E27[27 r r EZ7 .u.c2=tarITItEln C3][37 a=08 E33J2S c2S C3nM( JI08 MC3tC301:3:Jc3a ,�•R• ,...MMIM180 con C. o09 t n3O MW ab =on M[MC IC4JC4_i •.. ■'"ce0 I Eon O.c ed c53 c5 10 c8 QS m s 1:53 ESno 10 t eo m c-53 .4D 5C5:C51i p asp 10011 E9ngiA mew or E8u®11 mt3xmmeom •.••:• '•.•05:1 •:•C11]Cb5Esmceo m X012 rams au gss Cl7 427=1=12 [Za E27 CZ7 ETA . .. .mmmalb CaP 033 1100 13 occupnts MT 60 I x Eft 0153 #:013 cfloMMMEtti CEO Cdr:113 413t MI Elm 14 42561 42459 WI MK=14 C93¢0:31313 M MI c. [$i■. E9:31:931:9103:1 o OUT OF BUSINESS ,'''`' ',..4,' ,;7,..,,, p t,, +t'Irglttrefttetlt of Chapter 64E-15 of the Florida Administrative Code and must be correctel. c it ' ,„ ' x� . ' twt tt i solation o Chapter 64E-15 of the Florida Administrative Code and Chapters 381 3,86**, 3 o {i'. 4 ' „ ,� wt: �'',a' dira/ed in-the Results section above,or a citation,administrative fine or other legal acilaYt, ,,,,,q.,,t v li. SITE AND LAYOUT SEWAGE DISPOSAL VERMIN CONTROL o I.Drainage o II.Approved System o 20.Harborage o 31.911# 0 38.513,FS,Available 0 2.Space Size o 12.Plumbing o 21.Extermination o 32.Disease Control OTHER STATE 0 3.Density o 13.Dump Stations RECREATIONAL CAMPS** 0 39. 0 4.Roads o 14.Septic Tanks o 22.Sites PERMITS AND FEES o 40. 0 5.Setbacks SANITARY FACILITIES o 23.Shelters o 33.Permit Current o 41. DRINKING WATER o 15.Adequate(1993) 0 24.Heating 0 34.Plan on File o 42. 0 6.Approved System o 16.Ratio 0 25.Wiring 0 35.Permit Application o 43. 0 7.Distribution System o 17.Repair t=26.Beds and Bedding 0 36.Fee Paid OTHER LOCAL 0 8.Bact./Chem.Samples GARBAGE AND 27.Food Service OWNER/OCCUPANT o 44. 0 9.Backflow Prevention REFUSE DISPOSAL r=i 28.Sanitary Facilities RESPONSIBILITY o 45. 0 10.Water Stations o 18.Storage to 29.Water Supply 0 37.Maintenance o 46. 0 19.Collection/Disposal I1 30.Sewage It is unlawful to modify any Mobile Home,Lodging,RV Park,Recreational Camp and Migrant Park without first having obtained approval from the department. ITEM COMMENTS AND INSTRUCTIONS NUMBERS (continue on attached sheet) A/o U 191,A %IOW N or tf Oa HEALTH DEPARTMENT INSPECTOR: --'1 t PHONE: COPY OF REPORT RECEIVED BY.. -----I T r/\<W-1�",y� DATE: ' DH Form 4039,1/05(Desolates Previous Edition and HRS-H Form 4036) Sf}/ ei(S ESTABLISHMENT/FACILITY INSTRUCTIONS Note:Complete this form in its entirety.Shade each applicable bubble in pen or pencil.The EXPLANATION OF CODE REFERENCES is for informational purposes only and is subject to change.The current Florida Administrative Code should be consulted for the official version of these references. EXPLANATION OF CODE REFERENCES C T's 1.Drainage:64E-15.002(1)(a).Parks must be evaluated by the county public health unit for environmental health hazards and erosion determinations. 2.Space Size:64E-15.002(2XaXbX3XaXc).Space requirements for tent spaces are 500 square feet;1200 square feet for Rvs;2400 square feet for single wide mobile homes;and 3500 square feet for double wide mobile homes.Spaces developed before the effective date of this rule are grandfathered. 3.Density:64E-15.002(3).There are no more mobile homes and or RVs than the permitted number of spaces.The park has not increased the number of permitted spaces without prior approval from the CHD.RV spaces are limited to no more than 25 per acre. 4.Roads:64E-15.011(4).The roads accessing and within the establishment are maintained to accommodate the vehicular traffic including emergency vehicles. 5.Setbacks.64E-15.002(2XcX3)(d).Spaces and buildings are located at least five feet from the exterior boundary.Spaces are at least 2;feet from a highway and its right of way. WATER SUPPLY 6.Approved System:64E-15.003(1),64E-15.006.The water supply system has been approved by the Department of Environmental Protection or the Department of Health.Mark item 7 for repairs of system. 7.Distribution System:64E-15.003(2X3).The water distribution system has been approved by the local plumbing jurisdiction. 8.Bacteriological/Chemical:64E 15.003(1).The water system is sampled in accordance with the frequency and limits of Chapter 62-550 or Chapter 10D-4,MC. 9.Backflow Prevention:64E-15.003(2X3Xa).Back flow or back siphonage devices are installed in the water distribution line connecting from the main to the unit in new facilities. 10.Water Stations:.64E-15.003(3Xa)(b).The prescribed number of water stations are available at the recreational vehicle park SEWAGE DISPOSAL 11.Approved System:64E-15.004(1).The sewage treatment and disposal system has been approved by the Department of Environmental Protection or the Department of Health. 12.Plumbing:64E45.006.All plumbing has been approved by the local plumbing jurisdiction.All sewer to RN.unit connections are readily removable,acid resistant,and of semi-rigid material. The connections are capped when not in use.Sewer to unit connections of mobile homes are rigid,fixed connections. 13.Dump Stations:64E-15.004(5)(6)(7).The prescribed number of sewer dump stations are available at the recreational vehicle park. *14.Septk Tanks:64E-15.004(1).This item provides for the marking of septic tank=air violations. SANITARY FACB ITIF,S 15.Adequate:64E-15.005(4 All RV parks constnu tod after the effective date of this rule have the minimum number of required sanitary facilities for each gender.The numbers of sanitary facilities have been exempted at RV park's as of January 1,1993,unless otherwise noticed. 16.Ratio:64E-15.005(2X3X4).There are the right number of sanitary facilities for non self-contained RV spaces. 17.Repair:64E-15.005(5).Sanitary facilities fixtures are operational and have accessory supplies for patrons and guests. GARBAGE AND REFUSE DISPOSAL 18.Storage:64E-15.007(1X2).Solid waste is processed in a manner that does not create nuisances,odors,harborage,insect breeding accident hazards,or air pollution. Garbage is stored in impervious containers with tight-fitting covers. 19.Colleetion/Dlsposal:64E-15.007(3).Garbage and other solid waste are collected in the frequency of the local jurisdiction and the waste is disposed at a DEP approved site. INSECT AND RODENT CONTROL • 20.Harborage:64E-15.008.The premises are flee from rat harborage and rats. 21.Extermination:64E-15.008.Effective extermination measures are taken when rodent and insect vectors are found. **RECREATIONAL CAMPS **22.Sites:64E-15.009(1)(aXbXc)(d).The site is located to minimize insect and rodent infestations.The roads accessing and within the establishment are maintained to accommodate the vehicular traffic in a safe manner.Designated tent spaces are a minimum of 500 square ft. 23.Shelters:64E-15.009(2XaXbXcXd)The shelters provide enough space to prevent overcrowding,provide separate sleeping facilities for each gender,and provide screening of not less than 16 mesh for window and door openings. 24.Heating:64E-15.009(3Xaxb).There are approved heating devices or equipment in permanent,non transient structures to maintain a minimum temperature of 68 degrees Fahrenheit during the months of September through April.Cooking devices are not considered heating equipment 25.Electric Wiring:64E-15.009(4).Electric wiring is installed in accordance with the local electrical ordinance or the 1993 edition of the National Electrical Code. 26.Beds and Bedding:64E-15.009(5XaXbXcXdXe).Beds are provided for camp occupants when other arrangements have not been made.Mattresses and other bedding which has been sanitized are provided.Bedding is checked regularly to ensure freedom from vermin.Prescribed standards of spacing between beds and bunks are maintained. 27.Food Service Facilities:64E-15.009(6Xa)(b).There is a 64E-11,FAC,kitchen operating at this facility.The kitchen is permitted by DOH.Accessory kitchens have been approved by the health department 28.Sanitary Facilities:64E-15.009(7)(a)(b)(eXdXexf)(g).There are the prescribed ratios of toilets,urinals,showers and handwashing fixtures for each gender in barracks and dormitory type shelters.Sanitary facilities are located within 200 feet of each sleeping room.There is a satisfactory method for laundering bedding and clothing. 29.Water Supply:64E-15.009(8XaXb)(c)The water supply is approved.When drinking fountains are provided they are out of the angle-jet type. 30.Sewage Disposal:64E-15.004(1),64E-10.010(t).The sewage treatment and disposal system is approved by DOH or DEP. 31.911#:64E-15.011(4).Each recreational camp has access to Emergency Medical Care.The name of the operator and how to contact that person is posted in prominent places. 32.Disease Control:64E-15.011(3).The operator or supervisor of a recreational camp has been informed of the reporting responsibilities of communicable diseases to the CHD. Emergency medical staff are aware of the location of the recreational camp. PERMITS AND FEES 33.Permit Current Chapter 513,FS.,All permits expire September 30 of each year.The permit is current 34.Plan on File:64E-15.010(2)(b).A current copy of the layout and configuration of the park or camp is on file at the health department. 35.Permit Application:64E-I5.010(2)(aXbXcXd).Park and camp operators must make annual applications for permits. 36.Fee Paid:64E-15.010(3XaXb)(c).Parks and non-exempt recreational camps shall pay the established fee per space or its equivalent of occupants to space. OWNEB(9CCUPANT RESPONSIBILITY 37.Maintenance:64E-15.011(1).The premises of the park or camp must be maintained free from rubbish,waste paper,garbage,litter,and other refuse.Repairs of water and sewer systems must be given the highest priority of maintenance. 38.513 Available:A copy of Chapter 513,FS.,must be available to all R.V.park management and patrons during normal hours of operation. • 1 • STATE OF FLORIDA •, ` F DEPARTMENT OF HEALTH ' '-:,7 • COUNTY HEALTH DEPARTMENT MOBILE HOME,LODGING,RECREATIONAL VEHICLE PARK,RECREATIONAL " '+ ''4 PURPOSE: `Opwa`� CAMP,AND MIGRANT PARK TYPE: 4513 ROUTINE l= REINSPECTION INSPECTION REPORT o MIGRANT PARK t= CONSTRUCT. 0 NEW O MOBILE HOME PARK COMPLAINT O CHANGE OF OWNER O LODGING PARK O QA SURVEY O CONSULTATION rte.RECREATIONAL VEHICLE PARK O OTHER o RECREATIONAL CAMP NAME OF PARK OR CAMP 4 -4 j.. Ai Y(:f% 5 / ,Qa.i .. PA 12 t1,�_ " ,' `SUL : . . ADDRESS 2 2 `+CJ VIM; /.t,v a 1 ./ . CITY /V4�/':-5 ROY Satisfactory /_ �; t= Incomplete OWNER I r'2,f ' a�I; ZIP 3�'/ 1 '"'�: p 12- [= Unsatisfactory PERSON IN CHARGE 11 I `" _ '. \/ '.1 ..• : PHONE 9 1't%t-7 7'0 Correct Violations by gaga Next Inspection : tce :.E�ND�'.''� 0 8:00 AM on: 1 O S 4,r I"L/Ag ' ,.DATE t ITI a '' ''i :I�MIT NUMB "' 4,° MI „ DATE'"'3 0000 Cln00 . E s1. PA c2494.1c2:°Slm 3111111111111 I Ear Wile 4 0o II MHP E0icm�tar�05 C�4DMC3a41 m ■�n -• •-05 CWCixic07t icOi ■�.... ••,--•CO3COoC0o (r 1 a7f t 1CGo06 c4 $ min ........-06 mC15r; it i= -.-. -m m=m 1C*1 r2m==07 r37Q0 mm --=-07 127C27t2ir2tr21 -= C� RV r.r� ra Q�4$7 E3a4=30[$]p 06 MW MW t ■.•.•-.t=08 CtaMMr31t 1 mi3D .:.R• R.t31t t ' / oti art=09 al 30 On 30 ■•• •••. 09 We uvula=[IX] •..CII7 •,• "'•cilJ t43rr1742 OS •cupied CSC r 10 c*:I c 10 [S1t".to[3�]i .-•C5J ...4i7t31r$C t Spa es M M011 OrM Mt1I01 ■.. .....---"11 MMMt1 iM ■..053 ■.....i ...Ca7CQ7MEM ( -4' r2 i M 12 r1:00151 4D 0.'9 ■. eZj-12 [27 t?I M mW .... ■..., •,.M rx7 M M t$.1 Mo 13 44104 U 30 •.. •:. Occupitnts 13 C8�M 1731 rg1 t33 .:..:. •.•1133 CSt C8j t t=14 12351 42116+.9 ..-14 c JcJC93Cg7 •-•[9] n a-.COD CICICMI `v1 .. O OUT OF BUSINESS it'".-" rrk* °=; E ' . •. s ) , : e 'r A of ltap ter 64E-I5 of the Florida Administrative Cade and must be CrAY1 ¢'a , irtlr3}t Chapter 64E-15 of the Florida Administrative Code and Chapters 384 3 d ,s'' .S K7a s n the.Results section above,or a citation,administrative fine or other/ al etet 1•. g, r . SITE AND LAYOUT SEWAGE DISPOSAL VERMIN CONTROL o I.Drainage 0 11.Approved System o 20.Harborage o 31.911# 0 38.513,FS,Available 0 2.Space Size o 12.Plumbing o 21.Extermination o 32.Disease Control OTHER STATE 0 3.Density o 13.Dump Stations RECREATIONAL CAMPS** 0 39. 0 4.Roads o 14.Septic Tanks C7 22,Sites PERMITS AND FEES o 40. 0 5.Setbacks SANITARY FACILITIES C]23.Shelters 0 33.Permit Current t=41. DRINKING WATER a 15.Adequate(1993) 0 24.Heating o 34.Plan on File 0 42. o 6.Approved System o 16.Ratio C7 25.Wiring t= 35.Permit Application o 43. 0 7.Distribution System t= 17.Repair C]26.Beds and Bedding . 0 36.Fee Paid OTHER LOCAL 0 8.Bact,/Chem.Samples GARBAGE AND i=i 27-Food Service OWNER/OCCUPANT 0 44• 0 9.Backflow Prevention REFUSE DISPOSAL 1=28.Sanitary Facilities RESPONSIBILITY 0 45. o 10.Water Stations r>p3 18.Storage GI 29.Water Supply t= 37.Maintenance t=46. t0 19.Collection/Disposal I1 30.,Sewage It is unlawful to modify any Mobile Home,Lodging,RV Park,Recreational Camp and Migrant Park without first having obtained approval from the department. ITEM NUMBERS COMMENTS AND INSTRUCTIONS (continue on attached sheet) f ,/lly) /4 A// i 1 /:/,(`; f,"tf 1/f IPJ,6 _i1V 17 •f pr,,,-.. e:,'/ C4 �::/ , v .� / i',i i 7 A v ,1/ .,' C.-.. :.r s;s/ t 7 s r, .. <- , / , , , HEALTH DEPARTMENT INSPECTOR: V i 1. t -1:) i C/L � PHONE: t ,-- 7 , J 7 L ._ ' COPY OF REPORT RECEIVED BY: _JO/i(,,; •? l `.� 1..,1/, 't DATE: ' 1 DH Form 4039,1/05(0bsoletes Previous Edition and HRS-H Form 4036) ESTABLISHMENT/FACILITY y.= '--- INSTRUCTIONS Note:Complete this form in its entirety.Shade each applicable bubble in pen or pencil.The EXPLANATION OF CODE REFERENCES is for informational purposes only and is subject to change.The current Florida Administrative Code should be consulted for the official version of these references. EXPLANATION OF CODE REFERENCES •D ainage:64E-15.002(1)(a).Parks must be evaluated by the county public health unit for environmental health hazards and erosion determinations. 2.Space Size:64E-15.002(2Xaxbx3xaXe).Space requirements for tent spaces are 500 square feet;1200 square feet for Rvs;2400 square feet for single wide mobile homes;and 3500 square feet for double wide mobile homes.Spaces developed before the effective date of this rule are g andfitthered• 3.Density:64E-15.002(3).There are no more mobile homes and or RVs than the permitted number of spaces.The park has not increased the number of permitted spaces without prior approval from the CHD.RV spaces are limited to no more than 25 per acre. 4.Roads:64E-15.011(4).The roads accessing and within the establishment are maintained to accommodate the vehicular traffic including emergency vehicles. rg enc Y 5.Setbacks.64E-15.002(2xex3xd).Spaces and buildings are located at least five feet from the exterior boundary.Spaces are at least 25 feet from a highway and its right of way. WATER SUPPLY 6.Approved System:64E-15.003(1),64E-15.006.The water supply system has been approved by the Department of Environmental Protection or the Department of Health.Mark item 7 for repairs of system. 7.Distribution System:64E-15.003(2X3).The water distribution system has been approved by the local plumbing jurisdiction. 62-550 or Chapter 10D-4,FAC. &Bacteriological/Chemical:64E-15.003(1).The water system is sampled in accordance with the frequency and limits of Chapter ChP 9.Backflow Prevention:64E-15.003(2x3xa).Back flow or back siphonage devices are installed in the water distribution line connecting from the main to the unit in new facilities. 10.Water Stations:.64E-15.003(3xaxb).The prescribed number of water stations are available at the recreational ational vehicle park. SEWAGE.DISPOSAL 11.Approved System:64E-15.004(1).The sewage treatment and disposal system has been approved by the Department of Environmental Protection or the Department of I lealth. 12.Numbing:64E 45.006.All plumbing has been approved by the local plumbing jurisdiction.All sewer to R.V.unit connections are readily removable,acid resistant,and of semi-rigid material. The connections are capped when not in use.Sewer to unit connections of mobile homes are rigid,fixed connections. 13.Dump Stations:64E-15.004(5)(6x7).The prescribed number of sewer dump stations are available at the recreational vehicle park. *14.Septic Tanks:64E-15.004(1).This item provides for the marking of septic tank repair violations. FACILITIES 15.Adequate:64E-15.0(15(1).All RV parks constructed after the effective date of this rule have the minimum number of required sanitary facilities for each gender.The numbers of sanitary facilities have been exempted at RV park's as of January I,1993,unless otherwise noticed 16.Ratio:64E-15,005(2x3)(4).There are the right number of sanitary facilities for non self-contained RV spaces. 17.Repair:64E-15.005(5).Sanitary facilities fixtures are operational and have accessory supplies for patrons and guests. GARBAGE AND REFUSE DISPOSAL, insect breeding accident hazards,or air pollution. 18.Storage:64E-15.007(1x2).Solid waste is processed in a manner that does not create nuisances,odors,harborage, Garbage is stored in impervious containers with tight-fitting covers. 19.Collection/Disposal:64E-15.007(3).Garbage and other solid waste are collected in the frequency of the local jurisdiction and the waste is disposed at a DEP approved site. INSECT AND RODENT CONTROL 20.Harborage:64E-15.00&The premises are free from rat harborage and rats. 21.Extermination:64E-15.008.Effective extermination measures are taken when rodent and insect vectors are found. **RECREATIONAL CAMPS **22.Sites:64E 15.009(lxaxbxcxd).The site is located to minimize insect and rodent infestations.The roads accessing and within the establishment are maintained to accommodate the vehicular traffic in a safe manner.Designated tent spaces are a minimum of 500 square ft. &provide sleeping provide screening of not less than 16 23.Shelters:64E-15.009(2Xaxbxcxd)The shelters provide enough space to prevent ovetcrowdin rovide sl in facilities for each gender,and p g mesh for window and door openings. 24.Heating:64E-15.009(3Xa)(b).There are approved heating devices or equipment in permanent,non transient structures to maintain a minimum temperature of 68 degrees Fahrenheit during the months of September through April.Cooking devices are not considered heating equipment. 25.Electric Wiring:64E-15.009(4).Electric wiring is installed in accordance with the local electrical ordinance or the 1993 edition of the National Electrical Code. 26.Beds and Bedding:64E-15.009(5)(a)(bXcXd)(e)•Beds are provided for camp occupants when other arrangements have not been made.Mattresses and other bedding which has been sanitized arc provided.Bedding is checked regularly to ensure freedom a from 64E-11,FAG kitchen operating standards of S spacing ly.The kitchen permitted arc by DOHgAcecssory kitchens have been approved by the 27.Food Service Facilities:64E-15.009(6Xa)(b)•Them health department. 28.Sanitary Facilities:64E-15.009()(axbxcxdxexf)(g)•There are the prescribed ratios of toilets,urinals,showers and handwashing fixtures for each gender in barracks and dormitory type • shelters.Sanitary facilities are located within 200 feet of each sleeping room.There is a satisfactory method for laundering bedding and clothing. 29.Water Supply:64E-15.009(8xa)(bxc)The water supply is approved.When drinking fountains are provided they are out of the angle-jet type. 30.Sewage Disposal:64E-15.004(1),64E-10.010(f►.The sewage treatment and disposal system is approved by DOH or DEP. 31.911#:64E-15.011(4).Each recreational camp has access to Emergency Medical Care.The name of the operator and how to contact that person posted prominent the CHD. 32.Disease Control:64E-15.011(3).The operator or supervisor of a recreational camp has been informed of the reporting responsibilities Emergency medical staff are aware of the location of the recreational camp. PERMITS AND FEES 33.Permit Current Chapter 513,FS.,All permits expire September 30 of each year.The permit is current 34.Plan on File:64E-15.010(2)(b).A current copy of the layout and configuration of the park or camp is on file at the health department. 35.Permit Application:64E-15.010(2)(axbXc)(d).Park and camp operators must make annual applications for permits. 36.Fee Paid:64E-15.010(3Xaxbxc).Parks and non-exempt recreational camps shall pay the established fee per space or its equivalent of occupants to space. OWNER/OCCUPANT RESPONSIBILITY 37.Maintenance:64E-15.011(1).The premises of the park or camp must be maintained free from rubbish,waste paper,garbage,litter,and other refuse.Repairs of water and sewer systems must be given the highest priority of maintenance. 38.513 Available:A copy of Chapter 513,FS.,must be available to all R.V.park management and patrons during normal hours of operation. Ir STATE OF FLORIDA '• DEPARTMENT OF HEALTH '�`' `.- COUNTY HEALTH DEPARTMENT - -grc`, MOBILE HOME,LODGING,RECREATIONAL VEHICLE PARK,RECREATIONAL o.wc+o PURPOSE: CAMP,AND MIGRANT PARK TYPE: I= ROUTINE NM REINSPECTION INSPECTION REPORT O MIGRANT PARK o CONSTRUCT. O NEW O MOBILE HOME PARK o COMPLAINT D CHANGE OF OWNER O LODGING PARK ® RECREATIONAL VEHICLE PARK O QA SURVEY O CONSULTATION O OTHER o RECREATIONAL CAMP ,.� N ca !r 5 TY.oaf-y f a+r k .R� U "L:41'",•,,,:..' NAME OF PARR OR CAMP 21 1F\('tV1c� -S t . CITY IUCI pI&� cm Satisfactory ADDRESS. O t> �_ o Incomplete :',OWNER \v: ■i .`1`1 r\r\t 4-r, ZIP "3<A 1 17 o Unsatisfactory PERSON IN CHARGE v 1 k :1( kk"(t E V S PHONE ! Cl 2 9O .3 7Z0 Correct Violations by o Next Inspection CTZETZE ND 0 8:00 AM on ')f, r ?It ^ '..DATE' # " ITT s .. "'" RMIT NUMBER $ IT DATE 3. �i1�D0 X00 k, :a,.. - .,.x ,-y _:, ;SPAC 09411m13°4"wal IIIIMEMI 111111 -2- 1111111E14111111111111 MHP 0113c0=1c0:3 ECM=05 r3i401RuC3odD® .......r.-05 c).1 ECM COD E03 CO3 MI •,.... --•MDrI7C147 E]lC C o 06 rat 4't c4 I1 20 .............=06 Eli m E$7 E 7 C27 ..t' 7 rt7 Cr7 c7 r2r E2=1 r2uo 07 MW MW - ....0 07 E?J E2 I E2 EZI a] .... w.wa ...cZtrarldo c2 t RV c37 E3 t c3>o 08 M29 M29 .‘...........-08 Igiv33 c30135 E3D ......, ....,., '...[3j E3]c3>4ia 1 3 u7r, 03=09 1 MOD an C301 09 1 (33:34110 atiE* t ]t7rCOt7jil Ca] O cugied E83 IRS 10 39 I$7 Q� •-.. •••■.10 ['.in 'E.3 r_'ia DS3 .....1, RIM"ES3 ,.-.E'.ta EMI at]I:50 - pa es col c5a t 11 Itt 40 M40 .:. .:.011 1M E EIIp[6J ce i .•-•..v ..■M .•■093E 8:1M EMI I m ME=12 twos i20ttl'o - •-12 L?u c23 rat/On MI n.••• ••to ■ •E1131:23 p Ep Cam - UP=13 i pts0 - --12 t35mt87C8nmi tul or mmE$im Occupdnts m m=m 4969 cmay " 14 mmcg,uIE$3 -.m -I 7 -mmmm o OUT OF BUSINESS ' :"47,11145'1'' ''-i ke , ° *siiigt3 oiChapter 64E-15 of the Florida Administrative Code and must be corrected.'Cotril,(i t. yp, ),, t ' 'z°y "` }fit' 1ka v tjatmr�tfChapter 64E-15 of the Florida Administrative Code and Chapters.3.5r 86 an d.4„ 1 g ,r ' e in t)te,Results section above,or a citation,admini.strative,fine,or other legal action wily r;, ,4-:;',1';1 SITE AND LAYOUT SEWAGE DISPOSAL VERMIN CONTROL o I.Drainage o I I.Approved System O 20.Harborage O 31.91 I# 0 38.513,FS,Available 0 2.Space Size o l2.Plumbing E= 21.Extermination o 32.Disease Control OTHER STATE 0 3.Density o 13.Dump Stations RECREATIONAL CAMPS** 0 39. 0 4.Roads o 14.Septic Tanks o 22.Sites PERMITS AND FEES o 40. 0 5.Setbacks SANITARY FACILITIES Ea 23.Shelters o 33.Permit Current t=41. DRINKING WATER o 15.Adequate(1993) 0 24.Heating 0 34.Plan on File =I 42. 0 6.Approved System o 16.Ratio 0 25.Wiring O 35.Permit Application o 43. 0 7.Distribution System t= 17.Repair C=26.Beds and Bedding C=I 36.Fee Paid OTHER LOCAL 0 8.Bact./Chem.Samples GARBAGE AND t=27,Food Service OWNER/OCCUPANT o 44. o 9.Backflow Prevention REFUSE DISPOSAL »28.Sanitary Facilities RESPONSIBILITY o 45. o 10.Water Stations o 18.Storage Cf 29,Water Supply o 37.Maintenance o 46. 0 19.Collection/Disposal O.?9,4v.rage' It is unlawful to modify any Mobile Home,Lodging,RV Park,Recreational Camp and Migrant Park without first having obtained approval from the department. ITEM COMMENTS AND INSTRUCTIONS NUMBERS (continue on attached sheet) i i a' HEALTH DEPARTMENT INSPECTOR: /_--yfdl,w '�./' `,,!/-lrr� PHONE:_ - , i COPY OF REPORT RECEIVED BY.' I _. . ..._ DATE: "i / ;r DH Form 4039,1/05(Obsoletes Previous Edition and HRS-H Form 4036) I ESTABLISHMENT/FACILITY if INSTRUCTIONS Note:Complete this form in its entirety.Shade each applicable bubble in pen or pencil.The EXPLANATION OF CODE REFERENCES is for informational purposes only and is subject to change.The current Florida Administrative Code should be consulted for the official version of these references. • EXPLANATION OF CODE REFERENCES 511E 1.Drainage:64E-15.002(1)(a).Parks must be evaluated by the county public health unit for environmental health hazards and erosion determinations. 2.Space Size:64E-15.002(2Xa)(bX3Xa)(c).Space requirements for tent spaces are 500 square feet;1200 square feet for Rvs;2400 square feet for single wide mobile homes;and 35(X)square feet for double wide mobile homes.Spaces developed before the effective date of this rile are grandfathered. 3.Density:64E-15.002(3).There are no more mobile homes and or RVs than the permitted number of spaces.The park has not increased the number of permitted spaces without prior approval from the CHD.RV spaces are limited to no more than 25 per acre. 4.Roads:64E-15.011(4).The roads accessing and within the establishment are maintained to accommodate the vehicular traffic including emergency vehicles. 5.Setbacks.64E-15.002(2XcX3Xd).Spaces and buildings are located at least five feet from the exterior boundary.Spaces are at least 25 feet from a highway and its right of way. WATER SUPPLY 6.Approved System:64E-15.003(1),64E-15.006.The water supply system has been approved by the Department of Environmental Protection or the Department of Health.Mark item 7 for repairs of system. 7.Distribution System:64E-15.003(2X3).The water distribution system has been approved by the local plumbing jurisdiction. 8.Bacteriological/Chemical:64E-15.003(1).The water system is sampled in accordance with the frequency and limits of Chapter 62-550 or Chapter 10D-4,FAC. 9.Backflow Prevention:64E-15.003(2X3Xa).Back flow or back siphonage devices are installed in the water distribution line connecting from the main to the unit in new facilities. 10.Water Stations:.64E-15.003(3XaXb).The prescribed number of water stations are available at the recreational vehicle park. SEWAGE DISPOSAL 11.Approved System:64E-15.004(1).The sewage treatment and disposal system has been approved by the Department of Environmental Protection or the Department of Health. 12.Plumbing.64E-15.006.All plumbing has been approved by the local plumbing jurisdiction.All sewer to R.V.unit connections are readily removable,acid resistant,and of semi-rigid material. The connections are capped when not in use.Sewer to unit connections of mobile homes are rigid,fixed connections. 13.Dump Stations:64E-15.004(5X6)(7).The prescribed number of sewer dump stations are available at the recreational vehicle park. • *14.Septic Tanks:64E-15.004(1).This item provides for the marking of septic tank repair violations. SANITARY FACILIT1ES 15.Adequate:64E-15.005(1).All RV parks constructed after the effective date of this mle have the minimum number of required sanitary facilities for each gender.The numbers of sanitary facilities have been exempted at RV park's as of January 1,1993,unless otherwise noticed. 16.Ratio:64E-15.005(2X3X4).There are the right number of sanitary facilities for non self-contained RV spaces. 11.R iiri RE T5:005(5).Sanitary facilities fixtures are operational and have accessory supplies for patrons and guests. GARBAGE E 18.Storage:64E-15.007(1)(2).Solid waste is processed in a manner that does not create nuisances,odors,harborage,insect breeding accident hazards,or air pollution. Garbage is stored in impervious containers with tight-fitting covers. 19.Collection/Disposal:64E-15.007(3).Garbage and other solid waste are collected in the frequency of the local jurisdiction and the waste is disposed at a DEP approved site. INSECT AND RODENT CONTROL 20.Harborage:64E-15.008.The premises are free from rat harborage and rats. 21.Extermination:64E-15.008.Effective extermination measures are taken when rodent and insect vectors are found. **RECREATIONAL CAMPS **22.Sites:64E-15.009(1XaXb)(eXd).The site is located to minimize insect and rodent infestations.The roads accessing and within the establishment are maintained to accommodate the vehicular traffic in a safe manner.Designated tent spaces are a minimum of 500 square ft. 23.Shelters:64E-15.009(2XaXbXc)(d)The shelters provide enough space to prevent overcrowding,provide separate sleeping facilities for each gender,and provide screening of not less than 16 mesh for window and door openings. 24.Heating:64E-15.009(3XaXb).There are approved heating devices or equipment in permanent,non transient structures to maintain a minimum temperature of 68 degrees Fahrenheit during the months of September through April.Cooking devices are not considered heating equipment. 25.Electric Wiring:64E-15.009(4).Electric wiring is installed in accordance with the local electrical ordinance or the 1993 edition of the National Electrical Code. 26.Beds and Bedding:64E-15.009(5)(a)(bxcXd)(e).Beds are provided for camp occupants when other arrangements have not been made.Mattresses and other bedding which has been sanitized are provided.Bedding is checked regularly to ensure freedom from vermin.Prescribed standards of spacing between beds and bunks are maintained. 27.Food Service Facilities:64E-15.009(6)(aXb).There is a ME-11,FAC,kitchen operating at this facility.The kitchen is permitted by DOH.Accessory kitchens have been approved by the health department. 28.Sanitary Facilities:64E-15.009(7)(aXbXcXd)(eXt)(g).There are the prescribed ratios of toilets,urinals,showers and handwashing fixtures for each gender in barracks and dormitory type shelters.Sanitary facilities are located within 200 feet of each sleeping room.There is a satisfactory method for laundering bedding and clothing. 29.Water Supply:64E-15.009(8XaXbXe)The water supply is approved.When drinking fountains are provided they are out of the angle-jet type. 34).Sewage Disposal:64E-15.004(1),64E-10.010(1).The sewage treatment and disposal system is approved by DOH or DEP. 31.911#:64E-15.011(4).Each recreational camp has access to Emergency Medical Care.The name of the operator and how to contact that person is posted in prominent places. 32.Disease Control:64E-15.011(3).The operator or supervisor of a recreational camp has been informed of the reporting responsibilities of communicable diseases to the CHD. Emergency medical staff are aware of the location of the recreational camp. PERMITS AND FEES 33.Permit Current.Chapter 513,FS.,All permits expire September 30 of each year.The permit is current. 34.Plan on File:64E-15.010(2)(b).A current copy of the layout and configuration of the park or camp is on file at the health department. 35.Permit Application:64E-15.010(2Xa)(bXc)(d).Park and camp operators must make annual applications for permits. 36.Fee Paid:64E-15.010(3)(aXb)(c).Parks and non-exempt recreational camps shall pay the established fee per space or its equivalent of occupants to space. O W N ER/OCCUPANT RESPONSIBLI ITY 37.Maintenance:64E-15.011(1).The premises of the park or camp must be maintained free from rubbish,waste paper,garbage,litter,and other refuse.Repairs of water and sewer systems must be given the highest priority of maintenance. 38.513 Available:A copy of Chapter 513,FS.,must be available to all R.V.park management and patrons during normal hours of operation. . '' HEAL, STATE OF FLORIDA DEPARTMENT OF HEALTH Audit Control: 11-BID-1742717 OPERATING PERMIT Mobile Home Parks -Recreational Vehicle Park Permit Number: 11-54-00223 Issued To: East Naples Trailer Park County: Collier 2280 Pineland Street Amount Paid: $100.00 Naples, FL 34112 Date Paid: • 08/29/2011 Issue Date: 10/01/2011 Permit Expires On: 09130/2012 Mailed To: Sanders,Kirk 2595 Winifred Avenue - Naples, FL 34112 Collier Collier County Health Department MH Spaces: 0 RV Spaces: 13 Migrant Spaces: 0 P.O. Box 429 Tent Spaces: 0 Total Beds: 0 Total for Billing: 13 Naples, FL 34106 ORIGINAL-CUSTOMER (Non-Transferable) DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE • ..- .• .• _ . _ ,-c-f•-,---Z';:-.•,-,4,...%, -; ...3-....„; , . . . .. . . . . . . . ... . . . tE.7.. ..-.,, ..,=,•-7-,...t. ..",zi,',-- ---..5xt-....!•.: ‘..•-•"zr,,,,,z•14,,,-,"."?...11.• s,' .‘ "......N.'-',1.7••••e'se ....',....1z(s. -.- .>". ..tk.. 1-•.'I -'' '''..="---''•."-- .- ...'''' 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N 4 East Naples Fire Control and Rescue District �A444 4798 Davis Blvd. Naples, Fl 34104 v' , Phone: (239) 774-7111 Fax: (239) 774-1782 "!' sr �* R� Structure Fire Report 44. 1/10 Incident#1003555 Alarm 6/7/2010 Arrival 6/7/2010 Controlled 617/2010 Cleared 6/7/2010 19:13:00 19:18:00 19:28:00 20:47:00 Number Prefix Street or Highway Street Type Suffix Apt 2280 Pineland Avenue City State Zip Directions or Cross Street Naples FL 34113 Business/Condo Name Property Use Mutual Aid 419 1 or 2 family dwelling None Incident Type 111 Building fires Action taken HazMat Released 11 Extinguish None Station 022 Alarms 01 District 15 Shift A Property Value/Loss Fire Personnel 015 Fire Apparatus 009 Property Value $50000.00 Property Loss $4000.00 EMS Personnel 0000 EMS Apparatus 0000 Content Value $1000.00 Content Loss $1000.00 AR# Detector Performance non present Personnel Apparatus ID Rank 49 E22 Officer In Charge 0 53 Capt 113 E20 102 SRU Member Making Report M 49 Lt 62 21 108 BA20 96 A 71 CH22 33 C22 53 C24 54 S22 87 E24 143 12R Comments Received call ref structure fire, upon arrival found light smoke showing established command,offensive attack. Forcible entry was made throughfront door with Irons and PPV assist. Fire located in kitchen(on top of counter) Extinguished with 1 3/4"pre connect. PPV was continued to clear structure. Occupant stated he had a pot on a hot plate and left the structure to run an errand. Original address was 2280 Pineland Avenue. Owner was Kirk Sanders, phone 290-3720. FPL on scene to pull meter to structure. Collier County Code Enforcement Officer Azure Sorrels advised of possible code violations. Red Cross contacted by S22(on scene until 2300 hrs)to assist occupant. 1 r 7,.1/4/b - at N4A 4 4 East Naples Fire Control and Rescue District �a � 4 dit 0 0 0 4798 Davis Blvd. Naples, Fl 34104 Phone: (239) 774-7111 Fax: (239)7741782 '. f 8, per #. RBS�J Structure Fire Report 4 ,# Rl#, Incident# 1003555 Alarm 61712010 person Involved Business Name 1 First Name Last Name Bruce Roughgarden PO Box Number Prefix Street or Highway Street Type Suffix Apt 15 Maude Way City State Zip • Naples FL 34113 Owner Business Name 2 First Name Last Name Kirk Saunders • PO Box • Number Prefix Street or Highway Street Type Suffix Apt 2595 Winifred Avenue City State Zip Naples FL 34113 2 • like?kp? N 1►N East Naples Fire Control and Rescue District �y� .„Nts 4798 Davis Blvd. Naples, Fl 34104 '• , N , +1r d, Phone: (239)774-7111 Fax: (239) 774-1782 �t` VI ■�P RaV Structure Fire Report 4t R2 Incident#1003555 Alarm 6/7/2010 On-Site Materials or Produce Material#1 Stored Equipment Involved in ignition Equipment Involved 632 Food warmer,hot plate Brand unknown Model unknown Serial# unknown Year unk 4 Digit Power Source 11 Electrical line voltage(>=50 volts) • Portability Portable ignition Detail, Area of Fire Origin 24 Cooking area,kitchen Heat Source 40 Hot or smoldering object,other item First Ignited 76 Cooking materials, including edible Type Material First 57 Food, starch, excluding fat and grease Ignited Cause of Ignition unattended hot plate Factors Contributing to ignition Factors Contributing 11 Abandoned or discarded materials or To Ignition Human Factors Contributing to Ignition Human Factors None Age ? Gender Fire Suppression Factors Suppression Factors NNN 3 Hopi * � East Naples Fire Control and Rescue District +aq! # ?� 4798 Davis Blvd. Naples, Fl 34104 . 1 tia 4,0 Phone: (239) 774-7111 Fax: (239) 774-1782 ;v gag � # Ras(' ,Structure Fire Report • Ras(' Incident#1003555 Alarm 6/712010 BS[lSict= Building Hieght Structure Type Enclosed building Stories Above Grade 1 Building Status Occupied and operating Stories Below Grade 0 Fire Origin Main Floor Size Story of Fire Origin 1 Total Sq. Ft. 1500 Fire Spread Confined to object of origin Material Contributing to Most Flame Spread Item Contributing UU Type of Material UU presence of Automatic Extinguishing Systems presence of Detectors AES Presence None Present Detector Presence Undetermined AES Type Detector Type AES Operation Detector Power Supply AES Failure Reason Detector.Operation Sprinkler Heads Detector Effectiveness Detector Failure Reason .Number of Stories Damaged By Flame Minot.Damage( 1 to 24%) 1 - Significant Damage(25.to 49%) Heavy Damage(50 to 74%) Extreme Damage(51 to 100%) 4 • Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year 2012 Go The 2012 Florida Statutes Title XL Chapter 723 View Entire Chapter REAL AND PERSONAL PROPERTY MOBILE HOME PARK LOT TENANCIES 723.023 Mobile home owner's general obligations.—A mobile home owner shall at all times: (1) Comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes. (2) Keep the mobile home lot which he or she occupies clean and sanitary. (3) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and to conduct themselves in a manner that does not unreasonably disturb other residents of the park or constitute a breach of the peace. History.—s. 1, ch. 84-80; s. 918, ch. 97-102. Copyright© 1995-2012 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&... 7/26/2012 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2012 Go The 2012 Florida Statutes Title XL Chapter 723 View Entire Chapter REAL AND PERSONAL PROPERTY MOBILE HOME PARK LOT TENANCIES 723.024 Compliance by mobile home park owners and mobile home owners.—Notwithstanding any other provision of this chapter or of any local law, ordinance, or code: (1) If a unit of local government finds that a violation of a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation and enforce the citation under its local code and ordinance enforcement authority. (2) A lien, penalty, fine, or other administrative or civil proceeding may not be brought against a mobile home owner or mobile home for any duty or responsibility of the mobile home park owner under s. 723.022 or against a mobile home park owner or mobile home park property for any duty or responsibility of the mobile home owner under s. 723.023. History.—s. 1, ch. 2011-105. Copyright© 1995-2012 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&... 7/26/2012 Sunshine Key Associates Ltd. Partnership v. Monroe County,684 So.2d 876(1996) 22 Fla. L.Weekly D10 Original Image of 684 So.2d 876(PDF) 684 So.2d 876 District Court of Appeal of Florida, Third District. SUNSHINE KEY ASSOCIATES LIMITED PARTNERSHIP,Appellant, v. MONROE COUNTY,Florida,etc.,Appellee. No.95-1944. I Dec. 18, 1996. Owner of park for recreational vehicles brought action against county seeking declaratory and injunctive relief against zoning regulation defining recreational vehicles as not exceeding eight feet in width. The Circuit Court, Monroe County, Sandra G. Taylor,J.,found for county. Owner appealed. The District Court of Appeal,Nesbitt, J.,held that regulation was arbitrary and thus unenforceable. Reversed and remanded. West Headnotes(2) [1] Zoning and Planning=Effect of determination Claim by owner of park for recreational vehicles, that width distinction in regulation defining recreational vehicles was unconstitutionally arbitrary, was not barred by doctrine of administrative res judicata, even though county planning commission denied owner's appeal of enforcement proceedings and board of county commissioners denied appeal of commission's decision. 1 Cases that cite this headnote 121 Zoning and Planning Mobile homes; trailer parks Zoning regulation defining recreational vehicles as not exceeding eight feet in width was arbitrary and thus unenforceable; industry was moving toward wider models, state regulations were amended to accommodate wider vehicles, and vehicles in question were transportable,used for transient housing, and met all other requirements for recreational vehicles. Monroe,Fla.,Code § 9.5-4. 2 Cases that cite this headnote Attorneys and Law Firms *877 Greenman&Manz and Franklin Greenman,Marathon,for appellant. 4` :•tl raNext 20 I. Trtontso,1 Reuters No clout to original t.i.'_, kkoveritment Works • Sunshine Key Associates Ltd. Partnership v. Monroe County, 684 So.2d 876(1996) 22 Fla. L.Weekly D10 Morgan&Brookes and Ralf Brookes, Sarasota;James T.Hendrick,Key West, for appellee. Before SCHWARTZ,C.J. and NESBITT and FLETCHER,JJ. Opinion NESBITT,Judge. In June 1992, the Director of Planning for Monroe County prepared and forwarded a memorandum to the Monroe County Growth Management staff advising them that actions previously taken by the county were contrary to the Monroe County Code and that certain "park models" were no longer to be allowed in land-use districts designated for recreational vehicles (RV's). After that memorandum, Monroe County Code Enforcement began proceedings against Sunshine Key Associates Limited Partnership, owner and operator of an RV park on Ohio Key in Monroe County. The park timely filed an administrative appeal, arguing the classification of park models as mobile homes was arbitrary and without reason. The Monroe County Planning Commission heard the park's appeal and denied it. The park appealed that decision to the Board of County Commissioners. The Board denied the park's appeal. al The park then filed the instant action in the circuit court for declaratory and injunctive relief, and damages. See State ex rel. Dept. of General Services v. Willis, 344 So.2d 580 (Fla. 1 DCA 1977); (holding"... Administrative Procedure Act does not and cannot displace circuit court jurisdiction to enjoin enforcement of facially unconstitutional agency rules. [citations omitted] That jurisdiction remains unimpaired, a necessary concomitant of the judicial power vested in the circuit courts by Article V, Sections 1 and 5 of the Constitution.");see also Department of Environmental Regulation v. Falls Chase Special Taxing Dist., 424 So.2d 787 (Fla. 1 DCA 1982)(same). Consequently, the constitutional claim of the park was not barred by doctrine of administrative res judicata. Before the June 1992 memorandum, Monroe County had allowed RV's, including park models, to stay at Sunshine Key's park on a transient basis irrespective of the unit's size or length. With the passage of the Monroe County Land Development Regulations in 1986,the county defined RV in the Monroe County Code, in part, as a vehicle of less than eight feet in width, a definition similar to the Florida Statutes defmition of RV in effect at the time of the drafting of the regulations. The State of Florida amended its statutory definition to accommodate RV's of greater width prior to the passage of the regulations, however,the county did not amend its definition. *878 Also, with the passage of the revised regulations, the county defined mobile homes2 and included in the definition of mobile home "expandable recreational vehicles, known as `park models' designed and built as a permanent residence, the structure for which is ... in excess of eight (8) feet in width." In March 1992, Sunshine Key submitted building permit applications to provide tie-downs and concrete slabs for five existing park models and in April 1992, applied for three after- the-fact permits for existing electrical hookups for similar park models. It was several months later that the county began its enforcement action against Sunshine Key. 121 The essence of the park's argument is that to the extent that the RV regulation defines RV's as vehicles not exceeding eight feet in width, the regulation is arbitrary, and without logic or reason. An arbitrary classification is one that has no reasonable or practical basis for its application. See Florida League of Cities, Inc. v. Department of Environmental Regulation, 603 So.2d 1363 (Fla. 1st DCA 1992) (holding "Some reasonable basis" standard is proper basis for deciding whether challenged statute survives rational basis standard under Florida Constitution); see also Florida Citrus Comm'n v. Owens. 239 So.2d 840 (Fla. 4th DCA 1969), cert. denied, 242 So.2d 873 (Fla.1971) (Citrus Commission regulation as applied to citrus grower prohibiting him from marketing his fruit as"Indian River Citrus"held to be arbitrary.) As both parties conceded at oral argument,the industry is moving towards wider vehicles. Many new vehicles are over eight feet wide yet meet all remaining regulatory criteria for RV designation, including the critical distinction of being "road ready." The county argues the models at issue were permanently placed on the site, making their designation as mobile homes proper. As conceded by the park, some owners had affixed sheds, porches, and other attachments to their vehicles, inhibiting their"road ready" capabilities. This explains why in an on-site inspection, the trial judge observed vehicles which she concluded were not readily movable. However, as the park points out, if classified as RV's, these additions would be code violations by the individual owners and thus, should not be determinative of the classification of these vehicles when not so encumbered. _j w?2 Thorn: a' Reuters ;' c m to a r t V t , r-.. Sunshine Key Associates Ltd. Partnership v. Monroe County, 684 So.2d 876(1996) 22 Fla. L.Weekly D10 The trailers here were of the plug-in variety, and connected to the potable water sources by garden hoses. The testimony was that they were transportable and used as transient living quarters. As the trial judge concluded in her final judgment, use of the park models, "meets all of the definitions of recreational vehicles as found in 9.5-4 Monroe County Land Development Regulations except that their width exceeds 8 ft." Accordingly,we reverse the trial court's order and find the width distinction in the regulation defining recreational vehicles is arbitrary,and as such,unenforceable.The judgment is reversed and remanded for further proceedings. Parallel Citations 22 Fla.L. Weekly D10 Footnotes 1 Monroe County Code Section 9.5-4 defines a recreational vehicle as: (R-6) Recreational vehicle means a vehicle or portable structure built on a chassis and designed as a dwelling for travel, recreation or vacation for tenancies or less than six(6)months;which has a transportable body width not exceeding eight(8) feet and a length not exceeding thirty-five(35)feet;and which does not qualify as mobile home;and: (1)The travel trailer or park trailer has been placed in a travel trailer park,campground or a storage yard; (2)The travel trailer or park trailer has current licenses required for highway travel;and (3) The travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on it wheels or internal jacking system and attached to this site only by the quick disconnect-type utilities commonly used in campgrounds and trailer parks or by security devices. No permanent additions such as Florida rooms shall be permitted. (Ord. No. 21- 1989,.11(PD193N(a))). 2 Monroe County Code Section 9.5-4 defines a mobile home as: (M-13)Mobile home means a structure transportable in one (1)or more sections which structure is eight(8) body feet(2.4 meters)or more in width and over thirty-five(35)feet in length,which structure is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein, including expandable recreational vehicles, known as"park models" designed and built as a permanent residence, the structure for which is thirty-five (35) feet or less in length and in excess of eight (8) feet in width. End of Document t;2(112 I homson Rcutcrs. No claim to original IJ.S.Government V1'orks. v �_T c..ltz 3 Next 0 22,12 Thor ° rt ReL11; s Nt c _.,.t to a;v=`, „_,] U. ,. ©ov i,s e 1t' , http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and- solicitations/513.01.html ail 41M4 Florida Laws: FL Statutes -Title XXXIII Regulation of Trade, Commerce, Investments, and Solicitations islAS Section 513.01 Definitions. (3) "Mobile home" means a residential structure that is transportable in one or more sections, which structure is 8 body feet (2.4 meters) or more in width, over 35 feet in length with the hitch, built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. (4) "Mobile home park" means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. (5) "Operator" means the owner, operator, keeper, lessor, proprietor, manager, assistant manager, desk clerk,agent, or employee of a mobile home, lodging, or recreational vehicle park or a recreational camp who is designated by the permittee as the individual solely responsible for the daily operation of the park or camp and its compliance with this chapter and the rules adopted under this chapter. (6) "Permittee" means a person who applies for and is granted a permit under this chapter and who is ultimately responsible for the operation of the mobile home, lodging, or recreational vehicle park or the recreational camp and the compliance of the park or camp with this chapter and the rules adopted under this chapter. http://law.onecle.com/florida/motor-vehicles/320.01.html Florida Laws: FL Statutes-Title XXIII Motor Vehicles Section 320.01 Definitions,general. 320.01 Definitions,general. As used in the Florida Statutes, except as otherwise provided, the term: (1) "Motor vehicle" means: (a) An automobile, motorcycle,truck,trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds. (b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended. As defined below, the basic entities are: 1. The "travel trailer," which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 81/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road. 7. The "park trailer," which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards.The length of a park trail-r means the distance from the exterior of the front of the body(nearest to the drawbar and coupl ng mechanism)to the exterior of the rear of the body(at the opposite end of the body), including any p otrusions. 8. The "fifth-wheel trailer," which is a vehicular unit mounted on wheels, designed t. provide temporary living quarters for recreational, camping, or travel use, of such size or wei:ht as not to require a special highway movement permit, of gross trailer area not to exceed 400 s i uare feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. (2)(a) "Mobile home" means a structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. For tax purposes,the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. In the event that the mobile home owner has no proof of the length of the drawbar, coupling, or hitch,then the tax collector may in his or her discretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar, coupling, or hitch. (b) "Manufactured home" means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. (3) "Owner" means any person, firm, corporation, or association controlling any motor vehicle or mobile home by right of purchase, gift, lease, or otherwise. (4) "Trailer" means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle. (35) "Resident" means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months,who has registered to vote in this state,who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state. (36) "Nonresident" means a person who is not a resident. » » >> 4Vtio, u » s o'f•-DM Sec. 2-2004. - General Definitions and Abbreviations. :,` When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County, Florida. Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to writing. Person means an individual, association, firm, partnership, corporation, or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers. Public nuisance means those nuisances as identified in either F.S. § 893.138 or F.S. § 823.05, or other statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi-judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations. Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce. (Ord. No. 2010-04, § 1) Collier C ur t.Y, lorida„Coe of Ordinances >> PAR l • CODE >> C hapter lm » ,v;:1-r--1 .# ”�.{ RR° T V;7 » DiVI IO . -ACRONYMS ANg DEFINITIONS » DIVISION 2. -ACRONYMS AND DEFINITIONS Sec. 62-52. - Definitions Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only applicable to this Ordinance and do not supersede any other Land Development Code definitions. Accessory structure means a Structure that is located on the same parcel of property as the principal Structure and the use of which is incidental to the use of the principal Structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal Flood damage potential. Manufactured home means a Building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable Structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more Manufactured home lots for rent or sale. Structure means, for Floodplain management purposes, a walled and roofed Building, including gas or liquid storage tank that is principally above ground, as well as a Manufactured home. Violation means the failure of a Structure or other Development to be fully compliant with the requirements of this Ordinance. A Structure or other Development without the elevation certificate, other certifications, or other evidence of compliance required in this Ordinance is presumed to be in Violation until such time as that documentation is provided. 1 r,' ,°Count r cia Land Developrnent Code >> -CHAPTER 1 GENERAL. P °VISIONS >> 4. )8 00 - LA Viz;`= n, '-'.>>1.08.02 - Definitions Accessory use or structure:A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure Building: Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind Commercial vehicles:Any vehicle used in conjunction with a commercial or business activity, or possessing the following characteristics. Any motor vehicle not recreational in nature having a rated load capacity of greater than one ton, exceeding 7%feet in height, 7 feet in width, and/or 25 feet in length.The display of lettering or a similar sign upon a vehicle shall not in and of itself make a vehicle commercial. Conditional use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than 1 family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen Mobile home: A structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mobile home park: A parcel of land under single or unified ownership, which is designed and used for long-term placement of manufactured homes for non-transient residential use; may include accessory services and facilities for the residents of the manufactured home park. Nonconforming: Refers to uses, buildings, lots, or structures that are in existence at the time of adoption of this Code or any Amendment(s), which were in compliance with applicable laws at the time of establishment or construction, but which do not comply with regulations and requirements of this LDC Recreational vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer,truck campers, camping trailers, and self-propelled motor homes. Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, a... Page 1 of 1 onecle — _ .r Search •Ads by Gooale. Federal Labor Laws Bankruptcy Laws Law.Attorney Labor Laws Court Opinions Florida Laws:FL Statutes-Title XXXIII Regulation of Trade, — US Supreme Court Commerce,Investments,and Solicitations Section 513.01 Definitions. Board of Patent 1( 4 Board of Patent Appeals Legal Research Ilona>Florida laws>Regulation Of Trade Commerce Investments and Solicitations>Florida Laws:FL Statutes 1 -Title=CHI Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. I State Laws ddtSOO, Alabama Merrill Edge®Trading Arizona No Annual Account Fee.30 Free Online Trades Per Month.Open Now. California www.merrilledae.com Florida M Georgia Choina Illinois Indiana 513.05 Rules. Massachusetts -:4 Michigan The department may adopt rules pertaining to the location,construction,modification,equipment, New jersey and operation of mobile home parks,lodging parks,recreational vehicle parks,and recreational \ New York camps,except as provided in s.633.022,as necessary to administer this chapter.Such rules may • North Carolina include definitions of terms;re qu irements for plan reviews of proposed and existin g parks and camps; Pennsylvania plan reviews of parks that consolidate space or change space size;water supply;sewage collection nd Texas disposal;plumbing and backflow prevention;garbage and refuse storage,collection,and disposal; . Virginia insect and rodent control;s ac e re _i rements;heating facilities;food service;lighting;sanitary facilities;bedding;an occupancy equiv lency to spaces for permits for recreational camps;sanita / US Code facilities in recreational vehicle parks;and the owners`responsibilities at recreational vehicle par \ and recreational camps. 1 USC-General Provisions History.—s.5,ch.12419,1927;CGL 4144;s.1,ch.19365,1939;ss.19,35,ch.69-106;s.3,ch.76-168;s.442,ch.77-147;s.1,ch. 2 USC-The Congress 77-457;ss.2,3,ch.81-318;ss.7,14,15,ch.83-321;s.20,ch.87-287;ss.7,26,ch.93-150;s.44,ch.98-151;s.47,ch.2000-242. 3 use-I ytOrganization Sections: Ites Previous 513.01 13.07 513.01�4 513.02 ,13:03 .,13045 513.05 >1.i11;,1 _13.02 513:0, 4 USC-Flag and Seal USC-Gov't �' � � � r c i$ 6USC Domestic security 1 r 13-057 i,J>> �I:SOfa 1..... 513.10 Next USC-Agriculture 8 USC-Aliens and Nationality - _ 9 USC-Arbitration Last modified:March 26,2010 I' \I 10 USC-Armed Forces - 11 USC•Bankruptcy • _.---_-ti 12 USC-Banks and Banking • 13 USC-Census Ask a Lawyer Online Now A Lawyer Will Answer You Nowl Questions Answered Every 9 Seconds.L„•-.m,w stwr.c,nr 14 USC-Coast Guard 15 USC-Commerce and Trade False Claims Act Oui Tam Thinking of Blowing the Whistle?It's Up To You-Qui Tam Law Firm ow,.00wcrun,vndcmetmn, 16 USC-Conservation 17 MC-Copyrights Bankruptcy attorney in florida Florida Foreclosure Answers Info.KEL Florida Foreclosure Lawyer 1;66.'+-------.—D 18 USC-Crimes 19 USC-Customs Duties 20 USC-Education 21.USC-Food and Drugs 22 USC-Foreign Relations 23 USC•highways 24 MSC-hospitals 25 USC-Indians 26 USC•Internal Revenue • Code 27 LISC-Intoxicating Liquors 28 USC-judiciary • 29 LISC-Labor 30115C-Mineral Lands 31 USC-Money and Finance • 32 USC•National Guard 33 USC-Navigation 34 USC-Navy(repealed) 35 11S-Patents 36 USC-Patriotic Societies 37 USC-Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property -41 USC-Public Contracts 42 USC-Public Health 43 USC-Public Lands 44 LISC"-Public Printing 45 USC-Railroads 46 USC•Shipping 47 LISC-Telecom 48 USC•Territories 49 USC-Transportation 50 USC•War US Constitution Preamble Art.I-Legislative Art.II-Executive Art.lit-Judicial Art.IV•Slates'Relations Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification Swarm.Coati Caws I.anhn Law Finn web Design -- http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and-solicitations/.,, 6/19/2012 Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, a... Page 1 of 1 onecle •Ads by Goo91e• Florida Banking Investment Law Business Ronda Investment Court Opinions Florida Laws: FL Statutes-Title XXXIII Regulation of Trade, i US Supreme Comm Commerce,Investments,and Solicitations Section 513.01 Definitio s. US Tax Court - Board of Patent Appeals Legal Research.Home>Florida taws>Regulation Of Trade Commerce Investments and Solicitations>Florida Laws:FL S tutee , -Title 200x111 Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. State Laws # _ Get Quotes F Alabama Sick of Factoring? , -. I _ .• Arizona — THE RECEIVABLES' California An Alternative to Factoring's High Rates i e..isa Set YD. 1 G°'"" EXCHANGE Florida - ......�.o. t..m, ! MnMy Georgia / Illinois Indiana 513.065 Enforcement;citations. / Massachusetts Michigan (1) If the department reasonably believes that a permittee has committed a violation of this chapter Nevada P Y P \\\ New Jersey which affects the public health,safety,o r sanitation,then the department may serve a citation on the New York permittee for such violation.However,the department must have previously notified the permittee of Y me North Carolina ,i Oregon the violation and the permittee must have failed to timely correct the violation.Citations issued under , Pennsylvania this section are proposed agency action. - - `\ Texas Washington (2) Citations shall be in writing and shall describe the particular violation,including a specific Washington reference to the provision of this chapter or rule promulgated hereunder alleged to have been violated. US Code / 1 (3) The department may seek to impose a fine not to exceed$500 for each violation cited under ' 1 USC-General Provisions section.Each day a violation continues after an initial citation is issued is a separate violation for 2 USC-The Congress Y p 3 USC-The President which a subsequent citation may be issued.However,if the initial citation is not upheld through 1 4 USC-Flag and Seal administrative hearing under chapter 120,any subsequent citation for the same violation is void. , 5 USC-Gov't Organization 6 USC-Domestic Security 71SC-Agritwtmre - (4) Citations shall contain a conspicuous written notice of the permittee's right to request a heari \ 8113(-Aliens and Nationality under chapter 120 within 21 days after the date of receiving the citation and shall contain a I�/ \ 9 USC•Arbitration description of the procedures to be followed to request hearing. Y 15 USC-Armed Forces P P quest such a hearin .Citations shall contain a Y 11 USC-Bankruptcy conspicuous statement that if the permittee fails to timely request an administrative hearing,the 12 USC•Banks and Banking permittee maybe deemed to have waived the right to an administrative hearing.The statement s all 13 USC-Census also warn that if the permittee does not re qu est a hearin g,the citation becomes final agency actin 14 USC-Coast Guard 15 USC-Cottmmerce and Trade and if the permittee fails to pay the fine within 60 days after the date of receiving the citation,the 16 USC-Conservation permittee will be required to pay the maximum fine or penalty. 17 USC-Copyrights 18 USC-Crimes (5) The de 19 IISC-Customs Ditties department may reduce or waive any civil penalty initially sought to be imposed through 10 USC-Education citation.In determining whether to reduce or waive a fine under this section,the department she use 21 USC•rood and Drugs the criteria in s.513.055(2)(b). 22 ttSC-Foreign Relations 2311SC-I tighways 24 USC•Hospitals (6) This section is an alternative means of enforcing this chapter.Nothing contained in this section 25 USC-Indians prohibits the department from enforcing this chapter or the rules adopted thereunder by any other 26 USC-Internal Revenue Code means permitted under this chapter.However,the department may only use a single enforcement 27 USC•Intoxicating Liquors procedure for any one violation. 20 USC-Judiciary 29 USC-Labor 30 USC-Mineral Lands iE(7) Citations issued under this section shall be served on the permittee or individual at the park or 31 LISC-Money and Finance camp designated by the permittee except that service may be made by a department designee if nal 32 USC-33 LISC-Natioat oGtuard designated by rule to effect such service. 34 USC-Navy(repealed) 35 USC-Patents History--s.13,ch.93-150;s.25,ch.97-98. 36 USC-Patriotic Societies 37 USC-Uniformed Services Sections: Previous 513.045 513.05 513.051 513.052 513.053 5:13.054 513.055 513.065 513.08 51c.10 38 USC-Veterans'Benefits 39 USC-Postal Service 513.111 513.112 51.3.114 513.115 513.117 Next 40 USC-Public Property . 41 IISC-PublicContracts Last modified.-March 26,2010 45 USC-Public ticaldt 43 t ISC-Public Lands 44 IISC-Public Printing 45 USC-Railroads 46 USC-Shipping Merrill Edge®Tradin 47 USC-Telecom g 48 USC-Territories No Annual Account Fee.30 Free Online Trades Per Month.Open Now. 49 USC-Transportation SO USC-War www.merrtlledee.com AAChowes iD US Constitution Preamble . Art.I-Legislative Art.It-Executive , Art.III-Judicial Art.IV-States'Relations _ - Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification . Suaeme Court Cases I anus Law Firm Web Desna http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and-solicitations/... 6/19/2012 Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, a... Page 1 of 1 onecle • •Ads by Goodie, Florida Bankinc Investment Law Business Flonda Investment Court Opinions Florida Laws:FL Statutes-Title XXXIII Regulation of Trade, Commerce,Investments,and Solicitations Section 513.01 Definitio s. US Supreme Court t J US Tax Court ! j I Board of Patent Appeals 141241 th,;Par,li 1b,me>Florida Laws>I e^ulatinn_(H ride Commerce Investments and Solid rations)Florida Laws:FL St tutes -Title XXX1I1 Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. State Laws - Alabama Cheaper Than Factoring ft ; -% "'` • .Arizona / ` HE RECEIVABLES' California Cash Invoices in 24 Hours I ?°et Yaw Six Item o"rem i'}(CHANGE Florida !lee Te.me ire •Georgia . . ..... Illinois Indiana 513.10 Operating without permit;enforcement of chapter;penalties. Massachusetts lae aaan iD (1) Any person who maintains or operates a mobile home park,lodging park,recreational vehicle New Jersey park,or recreational camp without first obtaining a permit as required by s.513.02,or who maintains New York or operates such a park or camp after revocation of the permit,is guilty of a misdemeanor of the North Carolina second degree,punishable as provided in s.775.082 or s.775.083. 1 Oregon Pennsylvania 'Texas (2) This chapter or rules adopted under this chapter may be enforced in the manner provided in . Virginia J Washington 381.0012 and as provided in this chapter.Violations of this chapter and the rules adopted under is J chapter are subject to the penalties provided in this chapter and in ss.381.0025 and 381.0061. US Code History.—s.1,ch.19365,1939;CGL 1940 Supp.7849(a);s.1,ch.59-214;s.3,ch.76-168;s.1,ch.77-457;s.6,ch.80-351;4.2,3, ch.81-318;ss.10,14,35,ch.83-321;s.10,ch.89-182;s.129,ch.91-224;s.57,ch.91-297;ss.15,26,ch.93-150. 1 USC-General Provisions 2 USC-The Congress Sections: Previous 513.051 513.052 513.053 513.054 513.055 513.065 513.08 513.10 513.111 4 USC-FlagndiSel 57.3.112 513.114 513.115 513.117 513.118 513.121 Next #USC-Flag and Seal 5 USC-Govt Organization 6 USC-Domestic Security Last modified:March 26,2010 7 USC•Agriculture 1 / \\ • 8 USC-Aliens and Nationalit• . 9 USC-Arbitration �/ 1'\I 10 USC-Armed Forces 1t ISC-Bankruptcy Merrill Edge!()T'radint; t2 USC-Banks and Banking 13 USC-Census No Annual Account Fee.30 Free Online Trades Per Month.Open Now. 14 USC-Coast Guard www.merrilledae.com 15 USC-Commerce and Trade AaChoicee 16 USC•Conservation 17 USC-Copyrights 18 USC-Crimes 19 USC-Customs Duties 20 USC-Education 21.USC-rood and Drugs 22 USC-Foreign Relations 23 USC-Highways 24 USC-Hospitals 25 USC•Indians 26 USC-Internal Revenue Code 27 USC-Intoxicating Liquors 28 IISC-Judiciary 29 11SC-Labor 30 INC-Mineral Lands 31 USC•Money and Finance 32 -National Guard 33 USC-Navigation 34 USC-Navy(repealed) 35 USC-Patents 36 USC•Patriotic Societies 37 USC-Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health 43 USC-Public Lands 44 USC-Public Printing 45 USC-Railroads as USC•Shipping 47 USC-Telecom 43 USC-Territories , 49 USC-Transport atinn 50 USC-War US Constitution Preamble Art.I-Legislative Art.II-Executive Art. It-Judicial Art.IV-States'Relations Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification Supreme Court Cases I.nabs Lao Firm Woo Design http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and-solic}tations/... 6/19/2012 '� I Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, a... Page 1 of 1 onecle _--- `,�Search Ads by Goodie Labor Laws Fior to Federal Labor Laws '2iankruotcy Laws Law Attu rie,; Court Opinions Florida Laws:FL Statutes-Title XXXIII Regulation of Trade, US Supreme Court Commerce,Investments,and Solicitations Section 513.01 Definitions. BOB'S Tax Court Board of Patent Appeals Legal Research flame>Florida laws>Regulation Of Trade Commerce Investments and Solicitations>Florida Laws:FL Statutes W A T C H E S -Title XXXIII Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. State Laws Pre-Owned notes Exchange Alabama Merrill Edee(83 Trading Arizona Start Trading Today.30$0 Online Trades Per Month&No Annual Fee. O1 California www.merrilledae.com Florida AdChoices© Georgia Illinois Indiana 513.112 Maintenance of guest register and copy of laws. Massachusetts Michigan Nevada (1) It is the duty of each operator of a recreational vehicle park that rents to transient guests to New Jersey maintain at all times a register,signed by or for guests who occupy rental sites within the park.The New York register must show the dates upon which the rental sites were occupied by such guests and the rates North Carolina charged for the guests'occupancy.This register shall be maintained in chronological order and shall Oregon -,-�.� ... .. Pennsylvania be available for inspection by the department at any time.An operator is not required to retain a • V •" Texas register that is more than 2 years old. • ,.w,_• Virginia Washington 1 (2) Such operator shall maintain at all times a current copy of this chapter in the park office,which • c shall be made available to a member of the public upon request. ° US Code History.-s.11,ch.84-182;s.1,ch.85-G5;s.36,ch.92-78;s.17,ch.93-150. 1 USC-General Provisions 2 USC-The Congress Sections: Previous 513.053 51'1.054 513.055 513.065 513.08 513.10 513.117 513.112 513114 3 USC-The President .,d 4 USC-Flag and Seal 513.115 513.117 513.118 513.121 513.122 513.13 Next . 5 USC Gov't Organization r,use Domestic seeuri'1' Last modified:March 26,2010 ToriloffowJ USC-Agriculture R lISC-Aliens and Nationality 9 USC-Arbitration -'- 10 USC-Armed forces 11 USC-Bankruptcy Ask a Lawyer Online Now 12 uSC-Banks and Banking 13 UsC-Census A Lawyer Will Answer You Now! wy Questions Answered Every 9 Seconds. 14 USC-Coast Guard Law.JustAnswer.com 15 USC-Cetnmerce and Trade AdChokea D 16 USC-Conservation 17 USC-Copyrights 18 USC-Crimes 19 USC-Customs Ditties 20 USC-Education 21 USC-Fond and Drugs 22 USC-Foreign Relations 23 USC-llighways 24 USC-I tospit als 25 DSC•Indians 26 USC•Internal Revenue Corte 27 USC-Intoxicating Liquors 28 USC-Judiciary 29 USC-Labor 30 USC•Mineral Lands 51 LISC-Money and Finance 32 USC-National Guard 33 USC-Navigation 34 USC-Navy(repealed) 35 USC-Patents 36 USC-Patriotic Societies 37 USC-Uniformed Services 38 USC--Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health 43 IISC-Public Lands 44 USC-Public Printing 45 USC-Railroads 46 USC-Shipping 47 USC-Telecom 48 LISC-Territories 49 LISC-Transportation 50 USC•War US Constitution Preamble Art.I-Legislative Art.li-Executive Art.III-Judicial .Art.IV-States'Relations Art.V-Mode of Amendment Art.VI-Prior Debts Art VI1-Ratification Sutaerne Court Cases I Jests law Fern web Design http://law.onecle.coo/florida/regulation-of-trade-commerce-investments-and-solicitations/... 6/19/2012 Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, a... Page 1 of 1 onecle EZIE3 Ads by Goonte Federal Labor Laws Law Attorney Bankruptcy Laws Labor Laws Court Opinions Florida Laws:FL Statutes-Title XXXIII Regulation of Trade, US Supreme Court Commerce,Investments,and Solicitations Section 513.01 Definitio s. US Tax Court Board of Patent Appeals Legal Research Home>Florida Laws>Regulation Of Trade Commerce Investments and Solicitations>Florida Laws:FL S tutes -Title 7000III Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. State Laws (� '�" /-G 1 • No account minimum BUtLDef j t' Alabama 13uy stocks for _ Y nr - Mixona Get at 3n amount Florid ma i • Get a> �.9.<rsU. !� Florida rrt.;"'r■r' Georgia Illinois Indiana 513.117 Park rules and regulations. Massachusetts Michigan G Any operator of a recreational vehicle park may establish reasonable rules and regulations for th New Jersey management of the park and its guests and employees;and each guest or employee staying, New York sojourning,or employed in the park shall conform to,and abide by,such rules and regulations so long North Carolina as the guest or employee remains in or at the park.Such rules and regulations are deemed to be a Pennsylvania special contract between the operator and each guest or employee using the facilities or services of the Texas recreational vehicle park and control the liabilities,responsibilities,and obligations of all parties.Any j Virginia rules or regulations established pursuant to this section must be printed in the English language and ,` Washington posted,together with a copy of ss.513.114,513.121,and 513.13 and a notice stating that a current`_opy US Code of this chapter is available in the park office for public inspection,in the registration area of such / •recreational vehicle park. 1 USC-General Provisions History.—s.11,ch.84-182;s.1,ch.85-65;s.36,ch.92-78;s.20,ch.93-150. /J 2 USC-The Congress 3 USC-The President 4 USC-Flag and Seal Sections: Previous 513.054 513.055 513.065 513.08 513.10 513.111. 513.112 513.114 513.115 5USC-Gov't Organization 513.117 513.118 513.121 5:13.122 513.13 513.151 Next 6 USC-Domestic Security i USC-Agriculture ausc-AliensandNationality Last modified.'March 26,2010 9 USC-Arbitration 10 USC-Armed Forces 11 USC-Bankruptcy 12 USC-Banks and Banking Ask a Lawyer Online Now 16 Lawyers Are Online.Questions Answered Every 9 Seconds.gmata,amr-L.wjeeAnawv.cam 13 USC-Census 14 USC-Coast Guard Merrill Edge®Trading No Annual Account Fee.30 Free Online Trades Per Month.Open Now w,.,,.m,niitotcos n 15.USC"-Commerce and"trade 16 USC-Ctutsrrv:d inn Chapter 7 Bankruptcy Free Chapter 7 Consultation!Minimize Debt Bankruptcy Options ch,4ocrw+cesD 17 USC-Copyrights 18 USC-Crimes 19 USC-Customs Duties 20 USC-Education 21 USC-Food and Drugs 22 USC-Foreign Relations 23 USC-Highways 24 USC-Hospitals 25 USC-Indians 26 USC-Internal Revenue Code 27 USC-Intoxicating Liquors 28 USC-Judiciary 29 I1SC-Labor 30 USC-Mineral Lands 31 USC-Money and Finance 32 USC-National Guard 33 USC-Navigation 34 USC-Navy(repealed) 35 USC-Patents 36 USC-Patriotic Societies 37 USC•Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health 43 USC-Public Lands 44 USC-Public Printing 45 USC-Railroads 46 USC-Shipping 47 USC-Telecom 48 USC-Territories 49 USC-Transpmnation 50 USC-War US Constitution - Preamble Art I-Legislative Art.II-Ececudve- Art.III-Judicial Art.IV-States'Relations Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification 5,teeme Coon Cases I Jesse Lew Fm Web Design ... http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and-solicitations/... 6/19/2012 1.1l11 iva&avv J. 1-la ULa IULI.J — 11L1L 111111111 111/4.5 U1CLLun11 nil 1 1 �vllullvl v�., 111vvJLUlvuw, onecle EMI •Ads by Gonpl• Florida Banking Investment Law Business Florida Investment Court Opinions Florida Laws:FL Statutes-Title XXXIII Regulation of Trade, Commerce,Investments,Investments and Solicitations Section 513.01 Definitions. US Supreme Court US Tax Court Board of Patent Appeals Legal Research Horne>Florida Laws>Regulation Of Trade Commerce Investments and Solicitations>Florida Laws:FL Statutes -Title XXXIII Regulation of Trade,Commerce,Investments,and Solicitations Section 513.01 Definitions. State Laws _ g - Ask a Lawyer Online Type your question here...) Alabama J Sit Arizona "Lawyers are O?,..-t. California i.S6 aOuesUbn-Get an Anracr xsuD Florida Georgia i, I Illinois Indiana Q 513.118 Conduct on premises;refusal of service. Massachusetts Michigan The operator of a recreational vehicle park may refuse accommodations or service to any person 1 r Nevada New Jersey whose conduct on the premises of the park displays intoxication,profanity,lewdness,or brawling; New York who indulges in such language or conduct as to disturb the peace or comfort of other guests;who North Ore Carolina engages in illegal or disorderly conduct;or whose conduct constitutes a nuisance.Such refusal of Pennsylvania accommodations or service shall not be based upon race,color,national origin,sex,physical disability, Texas or creed. / Virginia 1. Washington History.—s.13,ch.84-182;s.1,ch.85-55;s.36,ch.92-78;s.21,ch.93-150. US Code Sections: Previous 513.054 513.055 513.065 513.08 513.10 513.111 513.112 513.114 513.115 513.117 513.118 513.121 51 3.122 513.13 513.151 Nest 1 USC-General Provisions - USC-The congress Last modified.-March 26,2010 3 USC-The President 4 USC-Flag and Seal 5 USC-Gov't Organization 6 USC-Domestic Security 7 USC-Agrictdtnre Merrill Edge®Trading 8 USC-Aliens and Nationality I i 9 USC-Arbitration No Annual Account Fee.30 Free Online Trades Per Month.Open Now. ,/ ]0 USC-Armed Forces www.merrilledge.com 11 USC-Bankruptcy AdCtniroa 12 USC-Ranks and Banking 13 IISC-Census 14 USC-Coast Guard 15 USC-Commerce and Trade 16 USC-Conservation 17 USC-Copyrights 18 USC-Crimes 19 IISC-Customs Dirties 20 IISC-F.ducal inn 21 I ISC-food mid t buys 22 USC.foreign Sinai torts 2_3 IISC-Highways 24 USC-Hospitals 25 USC-Indians 26 USC-Internal Revenue Code 27 USC-Intoxicating Liquors 28 USC-Judiciary 29 USC-Labor 30 USC-Mineral Lands 31 IISC-Money and Finance 32 IISC-National Guard 33 IISC-Navigation 34 IISC-Navy(repealed) 35 USC-Patents 36 ttSC-Patriotic Societies 37 USC-Uniformed Services 38 USC-Veterans'Benefits 39 USC-Postal Service 40 USC-Public Property 41 USC-Public Contracts 42 USC-Public Health 43 USC-Public Lands 44 USC-Public Printing 45 USC-Railroads 46 USC-Shipping 47 USC-Telecom 48 USC-Territories 49 USC-Transportation 50 USC-War US Constitution Preamble Art.1-Legislative .Art.fl-F_xecutive .All.III-Judicial .Art.IV"-Stares Relations - Art.V-Mode of Amendment Art.VI-Prior Debts Art VII-Ratification Supremo Court Cases I ausbe Law Firm Web Design http://law.onecle.com/florida/regulation-of-trade-commerce-investments-and-solicitations/... 6/19/2012 INFORMATION BOOKLET - °� # �n � - z r„, .. . _ _ _ .„,„,,-..,-„,..., ,,,,,,,,,,,,,,,,,... . 1,,,:,,,,,,,, ,,,,--„, -,„*.„-, i . „....,,, ,_'s r � � q ' `_�' ,wed ;� � i x � �£ 111ff e ,i }' rs'F.�4aE^1' � M Hwy.. � ..ate-, : i, �� . �. ate- � ,� ro It ilit Pertaining to The Regulation of Mobile/Manufactured Home Manufacturers, Dealers and Installers PREPARED BY MANUFACTURED HOUSING SECTION BUREAU OF MOTOR VEHICLE FIELD OPERATIONS DIVISION OF MOTORIST SERVICES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES HSMV-81094(Rev. 07/11) 1 application must be accompanied by a check or money order for the full cost of the number of decals ordered at $10 per decal. The address of the Installer License Subsection appears above. Installer Decal Refunds: A licensed installer may receive a refund for installer decals purchased if they do not intend to use them,their business is closed, or if their installer license has been suspended or revoked. To get such a refund requires the return of the unused installer decals and a request for a refund for their cost. This request is also made to the Installer License Subsection in the MHS. Inspection of Mobile/Manufactured Home Installation Pursuant to Section 320.8285. F.S., each county or municipality in the state shall be responsible for the on-site inspection of each mobile/manufactured home installation located within the jurisdiction of such entity. The on-site inspection shall ensure compliance with the department's uniform installation standards. This requires installers to get permits from local government building departments to install mobile/manufactured homes. MHS staff provide technical training to local government building department officials to ensure they know how to properly inspect a mobile/manufactured home installation. HUD Wind Zone Restrictions: A mobile manufactured home may not be installed unless it meets the construction standards for the Wind Zone in which it is to be installed. The Wind Zones for the United States are established by HUD in 24 CFR, Section 3280.305. The Wind Zones which apply to Florida are shown in Exhibit 37. MOBILE/MANUFACTURED HOME REPAIRS AND REMODELING Section 320.8232(2), F.S., and Rule 15C-2.0081, F.A.C., provide that repair or remodeling of a mobile/manufactured home shall not be more stringent that the standard to which the home was originally constructed. Rule 15C-2.0081, F.A.C., provides specific guidance in this regard as follows: • Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be free standing and self-supporting with only the flashing attached to the main unit unless the added unit has been designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes: • Anchoring of additions shall be in compliance with requirements for similar type construction. • Repair or remodeling of a mobile/manufactured home shall require the use of material and design equivalent to the original construction. Structure shall include, but not be limited to, roof system, walls, floor system, windows, and exterior doors of the mobile/manufactured home. • Electrical repair and replacements shall require the use of material and design equivalent to the original construction. 18 • Plumbing repairs and replacements shall require the use of material and design' equivalent to the original construction. MOBILE/MANUFACTURED HOME COMPLAINTS Inevitably, as in any area of commerce,there will be complaints about mobile/manufactured homes and/or their installation. The MHS and the Bureau of Motor Vehicle Field Operations (BMVFO)try to resolve such complaints as efficiently and fairly as possible for all affected parties. Department of Highway Safety and Motor Vehicles Jurisdiction Over Mobile/Manufactured Home Complaints Since the department licenses mobile/manufactured home manufacturers, dealers and installers, it necessarily has regulatory authority over them including complaints against them. Since all mobile/manufactured home manufacturers, dealers and installers must provide warranties,the department is in the position to ensure that they honor their warranties. In addition, Section 320.861, F.S., specifically authorizes the department to inspect pertinent books, records, letters, and contracts of any licensee whether dealer or manufacturer, relating to any written complaint made to it against such licensee. Section 320.865, F.S., also specifically makes the department responsible for maintaining electronic records of all complaints filed against licensees, including those licensed under the provisions of Sections 320.77 (mobile/manufactured home dealers) and 320.8225 (mobile/manufactured home manufacturers). These records shall contain all enforcement actions taken against licensees and against unlicensed persons acting in a capacity which would require them to be licensed. The electronic file of each licensee and unlicensed person shall contain a record of any complaints filed against him or her and a record of any enforcement actions taken against him or her. Mobile/Manufactured Home Manufacturer or Dealer Complaints Filing a Mobile/Manufactured Home Manufacturer or Dealer Complaint: A complaint against a mobile/manufactured home dealerfor contractual disputes should be filed with the relevant BMVFO office using form HSMV-84901 (see Exhibit 38) or a reasonably complete letter identifying the dealer and specifying the substance of the complaint. The most common complaint BMVFO addresses with dealers is failure to transfer title to the home. The addresses and telephone numbers of the BMVFO regional offices are provided in Exhibit 23. A complaint against a mobile/manufactured home manufacturer and/or dealer for violation of the Federal Manufactured Home Construction and Safety Standards should be filed with a MHS office (see Exhibit 1) using form HSMV-81095 (see Exhibit 39) or a reasonably complete letter identifying the manufacturer and dealer and explaining what structural defects are suspected. Such a complaint should be filed within 12 months of the date the home was delivered to the purchaser since that is when the manufacturer warranty expires. When investigating complaints 19 PREFACE This booklet summarizes the functions and responsibilities of the Bureau of Motor Vehicle Field Operations (BMVFO) and the Manufactured Housing Section (MHS), Division of Motorist Services (DMS), Florida Department of Highway Safety and Motor Vehicles (DHSMV)to assure compliance with federal and state laws and regulations regarding mobile/manufactured homes offered for sale in Florida. The regulation of modular homes, however, is the responsibility of the Florida Department of Community Affairs. If you are a manufacturer of mobile/manufactured homes, a dealer who sells mobile/ manufactured homes, or an installer who sets up mobile/manufactured homes in Florida, this booklet will be valuable for you. Should you have any questions or problems concerning the manufacture or sale of mobile/ manufactured homes,please contact the BMVFO or MHS in our headquarters offices or one of our regional offices. The locations, addresses and telephone numbers of the BMVFO offices are shown in Exhibit 23 and the locations, addresses and telephone number of the MHS offices are shown in Exhibit 1 of this booklet. AUTHORITY Sections 320.011, 320.71, 320.77, 320.781 and 320.822 through 320.866, Florida Statutes and Public Law 93-383, passed by the U.S. Congress on 8/22/74, Sections 601-628. A SAFER FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES Rule: 15C-2.0081 Rule Title: Mobile/Manufactured Home Repair and Remodeling Code Department: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Division: Division of Motor Vehicles Chapter: RULES OF PROCEDURE FOR BUREAU OF MOBILE HOME AND RECREATIONAL VEHICLE CONSTRUCTION Latest version of the final adopted rule presented in Florida Administrative Code(FAC): 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code. These guidelines shall be used to assure safe and livable housing and shall not be more stringent than the standard to which the home was originally constructed. (1)Structure. (a) Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be free standing and self-supporting with only the flashing attached to the main unit unless the added unit has been designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes. (b)Anchoring of additions shall be in compliance with requirements for similar type construction. (c) Repair or remodeling of a mobile/manufactured home shall require the use of material and design equivalent to the original construction. Structure shall include, but not be limited to, roof system, walls, floor system, windows and exterior doors of the mobile/manufactured home. (2)Electrical repair and replacements shall require the use of material and design equivalent to the original construction. (3)Plumbing repairs and replacements shall require the use of material and design equivalent to the original construction. Specific Authority 320.011 FS. Law Implemented 320.8232,320.8245,320.8285 FS. History—New 1-1-90,Amended 12-10-92, 4-8-99. ': ,. ,, , ilkoo,, , ,,,,,, . rc. . a _._ Q Z , � W W C. 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N 1985 AERIAL PHOTOGRAPHY FROM FLORIDA DEPT OF REVENUE (P'°•R 4111,),_ FOR USE BY THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE , i W E PARCEL#56150200005 and /7"-- PARCEL#56150520002 1923 S 2280 PINELAND AVE LORI in LOS PINOS SUBDIVISION DISCLAIMER NOTICE THE OFFICE OF THE COLLIER COUNTY PROPERTY APPRAISER RED OUTLINE DEPICTS APPROXIMATE LOCATION A ciiiliNViR DISCLAIMS ANY LIABILITY FOR INFORMATION PROVIDED HEREIN AND DOES NOT WARRANT THE OF SUBJECT PARCEL AND DOES NOT NAPLES,FLORIDA ACCURACY OF THIS INFORMATION CONFIRM PARCEL OWNERSHIP BOUNDARIES , Y s 11111N, 101 . A a4 A. r+ dF • 9 Y 4 4 § y. r. ■***1.:14;;I '' I 4‘44k4; .111 — 1/14, , s 4 +. , a • �, .Pp"` • 4. �, Ar .t. ,.: '•41,i7...'' • 10,.„';',41.--. . . 4 iii, F . y ,w :s ■ I It" A 1:::. 'op::..,,,,r , 41, 'n J ,r ' . • 4 9 , m 4 ' 10 A ill":ni* ',, 4 „i• i f&„ „ --.. . r ' ' ,,A , IS . ..My a . . 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'. . •, - , ... . -,— -'c",,,,•,,,,, -„,.'„ - ... , ., . .._ . . .. . - - f ...• • k .. .0, ., . ...ill° ,,,, — 1. .',,,,I .,., ,-. . ... ;----''' 7'-'4- '!';'• A 't'''-:- - t . . . : - ; it .—.- ,,,.:.;.•,,4.- :7--,..,—,-.,-,-,-. _-,..-•,, ,4 4,.,,,,:.,.,, ;,-, . ,...,„ 0E§28§21a12 ff :CR I t4411/4 i or ' +•- •.. 05/23/2012 08 : 52 • • • REGITLATIONS • • • • • • • • • • . - - _ _ _ - • "Auto Camps," and "Motor Camps.". the full width of t e lot and measured be- TRAILER PARK: Any lot or plot of tween the rear line of the lot and the rear • - ground on which accommodations are pro- line of the main building. vided for two or more trailers or house cars SECTION II used by transients as living or sleeping District a d Boundaries . . quarters. In order to regu ate and restrict the = TRAILER OR HOUSE CAR: A mobile height and size o building; to regulate residence on wheels, skids or rollers pro- and restrict the intensity of land use; to - pelled by an attached vehicle or other pro- regulate the area of yards, •courts and pelling apparatus. other open spaces about buildings; to - • USED CAR LOT: A lot or group of con- classify, regulate and restrict the location • tiguous lots, used for the display and sales of commerce and industries and the location of used automobiles where no repair work of buildings designed for specified indus- is done except the necessary recondition- trial, commercial, residential, and, other ing of the cars to be displayed and sold uses, the unincorporated area of Collier on the premises. - County is hereby .ivided into districts of USED CAR JUNK YARD: A lot or group •which there shall .e — as follows: of contiguous lots used for the dismantling R-1A Single f.I ily District Regula- or wrecking of used automobiles or the tions. storage, sale or dumping of dismantled or R-1 Single F•mily Residential Dis- wrecked cars or their parts. trict. - YARD: An open space on the same lot R-2A One and 1 wo Family Residential with a building, unoccupied and unob- Districts. ' strutted from the ground upward, 'except` R-2 One and wo Family Residential >' by tree or shrubbery or as otherwise pro- District vided herein. R-3B Multi-Fa ,ily District Regulations • YARD FRONT: A yard across the full R-3A Multi-Fa ily District Regulations -- width of the lot extending from the front R-3 Multiple 1"'amily Residential Dis- line of.the building to the front line of trict. the lot, excluding steps and unenclosed 4 R-4A Mobile Home District. porches. R-4 Mobile Home District. YARD, SIDE: An open unoccupied space • C-1A Neighborhood Commercial Dis- ` on the same lot with a building, between trict. the building and the side line of the lot C-1 Ne:ghborl-ood Commercial Dis- extending through from the front build- tract. ' ing line to the rear yard or to the rear C-2 Retail Commercial District. line of the lot, where no rear yard is re- C-3 Commerci 1 — Light Industrial. 5 quired. I Industrial District. --—- YARD, REAR: A yard extending across A Agricultu al District. • 8 . 9 I • –= x � Y A c g j _r • 10. Neighborhood retail grocery store 7. A Permit shall be required for in- (not super-market) meat processing stalling mobile nd/or Trailer Home plants such as sausage manufacture and for the cons ruction of any strut- (no slaughterhouses). ture appurtenan thereto. Said Permit B. HEIGHT REGULATIONS: shall be obtain d from County au- : - .-• No structure in R-4-A Zone shall exceed ece rities who shall be authorized to 50 feet in height. receive a fee for the issuance of said • C. AREA REGULATIONS: Permit. The County shall have the 1. Minimum lot size shall be 5,000 square authority to revoke or refuse to issue - a Permit to any Mobile and/or Trailer feet. f Home, or attached structures, which 2_ Minimum lot width at building line fail to comply with sanitary stand- shall be 50 feet, with front yard of �' 25 ards or becomes a menace to safety, 5 feet and a minimum side yard of 2l�: welfare and health of the public. ;;;. .' r feet. Rear yard must be suffi- cient to take care of septic tank and 8• R-4 Zone shall of be permitted ad jacent - jacent to any z ne higher than R- drain field. 9. Minimum size f R-4 area shall be 3. Minimum size of trailers permitted ten (10) acres. on these lots must include 160 square ,-40 .7 feet of liveable floor space. SECTI N VI 4. In lieu of sewers, only septic tanks and drain fields which comply with Mobile.Ho e District State Board of Health regulations R-4 will be permitted. There will be a A. USE REGULATIONS:•, minimum of one (1) septic tank per Premises located in an R-4 Zone shall be trailer; said tank and drain field used only for the foll 'ng purposes: .. shall be at least 50 feet away from 1. The installatio of mobile and/or any well used for water supply. Trailer Homes for residential use. _ 5. Only one mobile and/or Trailer 2. Adjacent structures are to be limited Home shall be permitted on a lot. to those which complement trailer Said trailer and/or mobile home must and must not exceed 25% of the lot be equipped with modern sanitary area. facilities, to include a kitchen sink, 3. This area is not to be used as a corn- lavatory, bath and commode, either mercial Trailer l''ark. inside or ,attached to said trailer 4. Single family •sidence. and/or mobile home. - B. HEIGHT REGU ATIONS: - 6. Each mobile and/or Trailer Home No structure in 'R-4 Zone shall exceed 25 shall have a minimum of one (1) 20- • __ ___ _ gallon garbage can with cover. feet in height. 26 - 2 __. - - yam w -^ - " r' _.f - - - _ tR '•• .-t.-* Lys _ - : :.'- - _ - - 0 .. .. . ..., _ . . ; . ... . ... .,:. . . . . . .. . ,_.:_ ,_ . ..„. .,.. --., --' : y • - N-* d C. AREA. REGULATIONS: authority to re•.ke or refuse to issue I - a permit to any mobile and/or trail- 1. Minimum lot size shall be 4,000 er home,or attached structures,which square feet. fail to comply with sanitary stand- -...- -._ - - 2. Minimum lot width at building line ards or become'1 a menace to safety, shall be 40 feet, with front yard of 25 welfare and health of the public. feet and a minimum side yard of I 8. R-4-A Zone shall not be permitted Ti". feet. Rear yard must be suffi- adjacent to any zone higher than R-3. cient to take care of septic tank and 9. .l•Iinimum size of "R-4-A" area shall drain field. be 10 acres. However where corn- 3. .Minimum size of trailers permitted bined with "R-4" the total area of a: • on these lots must include 160 square both must be ndt less than 10 acres. feet of lineable floor space. 10. Minimum lot size for single family 4. In lieu of sewers only septic tanks residence shall be no less than 5000 E ' and drain fields which comply with square feet. Minimum building size __ — State Board of Health regulations must be no less than 400 square feet = will be permitted. There will be a of living area. Minimum lot width `:::2•.----".'. l minimum of one (1) septic tank per ! for a single family residence shall be trailer; said tank and drain field 50 feet at buildi g line, for an inter- r shall be at least 50 feet from any for lot, and 70 feet for a corner lot. 9 well used for water supply. Set back requirements same as re- 5. Trailers and/or mobile homes must I quired in "R-1" oning. be equipped with modern sanitary fa- cilities, to include a kitchen sink, lav- SECTIO YII-A avatory, bath and commode, either NEIGHBORHOOD COMMERCIAL ., inside or attached to said trailer and/ DIST ICT . - • or mobile home. CLASSIFICA ION C-1A 6. Each mobile and/or trailer home shall have a minimum of one (1) 20-gallon The regulations set orth in this Section, garbage can with cover. or set forth elsewher in this Resolution 7. A permit shall be required for in- when referred to in t is Section, are the stalling mobile andior trailer home "C-1A Neighborhood Commercial District." • and for the construction of any struc- A USE REGULATIONS: ture appurtenant thereto. Said per- Structures and/or premises Iocated in a - mit shall be obtained from county C-1A zone shall be us d only for the fol- authorities who shall be authorized lowing purposes: T- 1. Any use permit d in R-3 Residen- �, to receive a fee for the issuance of said permit. The County shall have tial District. +_ 28 29 - • . ' __' � F t •t K�• i - .-_ _ __ ?.. j. Nt - 'ia' - ^yam'- i�°'-L^'..• � C 5- - _?ate y 2. Offices, banks, theaters, (not Drive- B. AREA REGULATI NS: in), beauty parlors, photograph stu- 1. Minimum lot area, side and rear yard dios, dry-cleaning and laundry pick- requirements for wellings shall be - up stations, barber shops, filling sta- the same as pre cribed in Section tions, florists, automobile sales rooms, V for the R-3 Res dential District. parking lots and storage garages, 2. Rear yard depth of at least 20 feet _-:----- - telephone exchanges, restaurants and shall be allowed back of stores. Must be sufficient to take care of septic lunchrooms, police and fire stations, dairy products and ice cream stands 1 and any other retail business, EX- tank. No outside toilets permitted. CEPT THE FOLLOWING USES 3. Lot area width and yard provision ARE EXPRESSLY PROHIBITED: do not pertain to dwelling units or living apartments located on the sec- Automobile wrecking yards, bottling and floors of commercial structures. works, building material store yards, 4. Adequate off-street parking shall be contractors' plant and storage yards, provided as defied in Off-Street ice plants, junk yards, laundries, ex- Parking Regulatio s. (XI-A). cept the self service type, machine shops, garages, except private park- SECTION II-A ing garage and storage garage, stone yards, veterinary hospitals, storage Neighborhood Com ercial District warehouses, dance halls,private trail- C-1 _ S. . ers or any type trailer park, any kind of manufactory or treatment of pro- A building or premis shall be used for ducts not clearly incidental to the only the following pu ses: product of a retail business conducted 1. Any use permitte in R-3 Residential on the premises. District. 3. Advertising signs and structures. 2. Offices, banks, theaters, (not drive- } in), beauty parlors, photograph stn- 4. Accessory buildings and uses custo- dios, dry-cleaning and laundry pick- marily incident to any of the above up stations, barbe• shops, filling sta- uses. tions, florist, automobile sales rooms, - . 5. Motels. parking lots, and storage garages, • telephone exchanges, restaurants and 6. Nothing herein would prevent the lunchrooms, police and fire stations, storage of materials and supplies in- dairy products and ice cream stands, cident to,a business, within the build- I skating rinks, and any other retail ing or in an accessory building lo- business, except the following. uses - = cated on the lot with the main build- are 'expressly prohibited: automobile • ing. 30 31 • - - s: f _ 1111° . - - - . -4--::-..--;.''.:111.-7..-1 --4'. _ 4F-Ti s iS _ _ :z �T -s�vt' •x e •yam L x5 .a _--S • 1":, - .t; • I 1 tivrecking yards, bottling works,build- 2. Rear yard depth of at least 20 feet ing material store yards, cleaning shall be allowed back of stores. Must and dyeing plants, coal and wood tank. No outside toilets permitted. be sufficient to take care of septic - yards, contractors' plant and storage yards, ice plants, junk yards, laun- 3. Lot raea, width and yard provision dries except the self service type, do not pertain to dwelling units or machine shops, mechanical garages, living apartments located on the stone yards, veterinary hospitals, second floors of commercial struc- storage warehouses, dance halls, tents tures. for living purposes, house cars or C. SPECIAL PROVISIONS RELATIVE mobile homes, for individual living j TO BUNGALOW COURTS AND quarters, any kind of manufactory s CABIN CAMP: or treatment of products not clearly incidental to the product of a retail Bungalow Courts, cabin camps or i camps shall not be constructed upon business conducted on the premises. sites less than 100 feet wide. The .7. a 3. Advertising signs and structures. front yard lines be the same 4. Tourist camps constructed as speci- shall _ . as set for Section for the Resi- fied in Section VII-C. dential R-3 District, and rear yards 5. Accessory buildings and uses custom- 1 must comply with the regulations of arily incident to any of the above the State Board of Health, for the uses, successful operation of septic tanks. 6. Trailer camps or courts, constructed The lot area used b such camps or and operated pursuant to regulations courts shall not be ess than 10,000 ' prescribed by the State Board of square feet, and shall allow not less Health. than 2,000 square feet building - 7. Nothing herein would prevent the q per buildin unit or Per family. storage of materials and supplies in - The minimum distance between build- cident to a business, within the build- ing units shall be, for single bunga- ing or in an accessory building lo- lows, 15 feet; for duplexes, 20 feet. cated on the lot with the main build- Side and rear yards shall not be less mg. than 7% feet. B. AREA REGULATIONS Before a permit is granted for con- 1 struction •of cabins or bungalows, i 1. Minimum lot•'area, front, side and plans shall be filed with the zoning rear yard requirements for dwellings director showing size and space of shall be the same as prescribed in L all buildings intended to be erected Section V for the R-3 Residential in the court or cam.s and the total District. area and boundaries of the site. 32 33 - { _ - :_: -y" - . • E '�-.. 5-Rai."'. j .. . - f, - '° • ... - - - `lam 5,. _ .n- _ c `}" -' "4ss-`3 }c:: -, .t-�' ... y, +tr� . om _ } rte -- ,:-.:-.41-.r..---1: - -_ ::- ...� i : ii r - 0 x g? its . _ ,l'--'1'41,,4141 Z x •- _'` 'Ic SECTION VIII 2_ Minimum lot are and yard require- ! ments for dwellin s shall be the same Retail Commercial District "C-2" l as prescribed in he R-3 Residential I District. A. USE REGULATIONS: I 3. Lot area, width nd yard provisions A building or premises shall be used for {{ do not pertain t ,dwelling units or only the following purposes: S living apartments located on second 1. Any use permitted in the C-1 Neigh= i floors of commercial structures. borhood Commercial District. I 4. Rear yard shall be sufficient to take r 2- Any business of a retail type. care of .septic tank. No outside 3. Mechanical garage. 1 toilets permitted. 4. Pressing and dry cleaning establish- ! SECTION IX ;3 - ment. I I Commercial-Light industrial "C-3" 5. Second-hand car lots. 1 A. USE REGULATIONS: �. 6. Any general merchandising enter- A building or premises shall be used for ,x � prise. only the following purposes: !'" 7. Bottling works. 1. Any use i,., 1 permitted in C-2 Retail Ito 8. Contractors or building supply stor- �y Commercial District- s age yards where located in the rear [ 2. Wholesale and distribution busi- 1` of the structure used as administra- nesses, including warehouses and tine office or sales room. storage yards. 9. Accessory buildings and uses Gusto- 3. Packing houses. manly incident to any of the above 4. Any light mar. acturing which is uses. not obnoxious or offensive by reason 10. Drive-in theaters where sites, ar- of emission of odor, fumes, dust, rangements of inlet and exits have I smoke, noise, or vibration. The per mission of such industrial operations been approved by the Board of Ad- justment- ! shall be subject to approval of the • 11 In this district those uses excluded Board of Adjustment. from the C-1 district are likewise 5. Veterinary hospitals. excluded unless listed above as per- 6. Accessory buildings and uses custo- mitted. No packing house or can 1 manly incident to any of the above ' ping plants allowed. k uses and located 0n the same lot or B. AREA REGULATIONS: j adjacent thereto. i 7. In this district t ose uses excluded 1. Except as provided in Section XII, ■ - from the "C-1" d "C-2" districts no building or structure shall exceed ''.. ': '~ are likewise excl ded unless listed 2'/_ stories or 35 feet. above as permitt 34 35 __ — _ n F ter: -�-: - h Previous mit Number, If anyJ C171 ' • FLORIDA STATE BOARD OF HEALTH BUREAU OF SANITARY ENGINEERING - JACKSONVILLE 1, FLORIDA • Application From: (Name of City, Corporation.; Firm or Individual) Address (Street & Number) (Town) (County) To Operate Tourist Camp: Cabin Trailer • Owned by Address ' (Street & Number, P.O.Box) Operated by Address (Street & Number, P.O.Box) To the State Board of Health Jacksonville 1, Florida Pursuant and subject to all the terms, conditions, and provisions of the Tourist and Trailer Camp Act of the State of Florida, Chapter 513, Sections 513.01 - 513.11 inclusive, Florida Statutes 1941, applica- tion is hereby made for a permit to operate Tourist and/or Trailer Camp located at description of which is fully given in the data filed herewith and made a part hereof. Dated Oc.744 , 19 } (Name and Address of person or persons making application) NOTE: Where application is made lz a private or municipal corporation, it must be signed in the name of the corporation by its duly authorized officer or officers in the form furnished by theiState • Board of Health. Where application is by partnership, member in charge of firm must sign. If leased, the application must be made by lessee. In all cases the Post Office address of the appli- cant must be given. N FLORIDA STATE BOARD OF HEALTH APPLICATION FOR PERMIT TO OPERATE TOURIST AND TRAILER CAMP San-404 • i Name _ 1/1/2) ; cy t i r 3 Type: Cabins < Trailers Capacity (No: persons) Location: County I C) / /(' e Highway No. / Distance from nearest town %1 `� / / S Approximate size ft: by ft., or ' V acres. Is camp site well drained L t S Proximity to nearest mosquito breeding area t Shaded Open `` Rubbish, debris, or underbrush present 77 0) Office and attendant provided t, o- Regulations posted L- . / Municipal Ordinance SANITARY FACILITIES PROVIDED •Water Supply: Public Private If private supply indicate source (dug, driven or artesian wells, spring, rain water, lake river, etc.) If wells, how many? '--- Depth Type and size of casing Depth of casing 6/7 Pumping Equipment Water Storage f d U system in good repair (tanks properly covered, freedom from leaks, etc.) (I 1:7 S How is supply protected,against surface contamination Distance from possible contaminating influences /10 Number and distribution of water spigots Approved drinking fountains Are direct hose connections between system and trailer water tanks permitted? Date of recent satisfactory laboratory test :ts Describe other sources of water on premises h r't If more than one system, does cross-connection exist? Toilets: (Cabin facilities not to be included) Number stools (M , F ) Number urinals: / Sufficient Type floors in toilet rooms a" ) b r r .-?~r, Toilet tissue provided Li Clean and in good repair Showers: Number showers (M ,? F ) • .) Sufficient Hot Water t4 p S r Type floorsC-9 M PAL,'fype walls J C'S O h tClan, good repair, and impervious construction ( Lavatories: Number of lavatories (M I , F i ) Sufficient No. Individual towels Liquid or bar soap Hot.water Li '6, S Clean and in good repair Laundry: Describe facilities _) r P ! '? N T �1. ► 5 ..7 r a:-! t�"is ; °I p d A 5 / 4 S h +fie Clean and in good repair Adequate s_1 +, V r Slop Sinks: Number Location 01,4 -6 �� 'Porter Service Clean and Good repair Sewage Disposal: public sewer Private sewer Septic tanks 1,i 6 Describe 41/.4/1 t ,,i 11771 -2�� ` Final Disposal-of effluent 41.14.4.--, • If septic t,1 1.1t give capacity ti e t, ti 6 # Gals. Length of drain tile i th)frk-'e / / Are sewer connections to individual trailers allowed f-' =' 4 If so, describe / ✓✓ "7' r.! i Is use of trailer toilets.permitted? 1.-.1.-P,-- To what extent Describe connections , .. Describe facilities for emptying and cleansing toilet buckets f C c> 'MI )7r1 y c, `C_ Any evidence of slop water on ground )7 i) Is sewage disposal complete and satisfactory 6.I e S if Garbage Disposal: Regulation covered metal cans provided d e'- S Sufficient No. I P S Frequency of collection. 1.+5 ts.. 'P k" Final Disposal ('i•# #) )h `4 L\ c) Li t—r-.1 i CABINS Number: Single Double I Maximum capacity Ce Ventilation ,.°_.i!J 1 '1-`1 C3 0 tom; S Lighting Insect and rodent proof State of Repair ca r) ) a I Buildings and equipment clean :, "'~,Number equipped with: Toilets_ I Showers Bath Tubs Lavatories I' Sinks- / Beds: Single Double / Cots / Linens ' " S ti Cooking facilities C S 4 ? V -S TRAILERS �t C� How many trailer lots available �'€ Number normally used Size of lots �� /�1( 34.J Are lots properly laid out and marked ' • • MISCELLANEOUS Indicate which of the following are provided: Community House %t Store ' Restaurant Swimming pool Is swimming pool approved Is fresh milk sold Source `--_ Pasteurized Is dairy approved By whom Status of food handling facilities Mosquito and fly breeding controlled Evidence of insects or-rodents on premises I hereby declare the foregoing to be an accurate statement of conditions, and agree to comply fully at all times with the provisions of the State Sanitary Code. Signature of ( erator Date CERTIFICATE OF INSPECTION I hereby certify that inspection of this tourist and/or trailer camp was made today. Conditions are satisfactory and it is recommended that permit be granted, subject to restrictions of Sections 513.01 - 513.11 inclusive, Florida Statutes 1941, and Chapter XVI, Florida Sanitary Code. (Name) / ��tt� (Title) -_ /t A. ho zed representative of the Florida State Board of Health Date cif NOTE: If camp does not comply with the State Sanitary Code do not file this application for permit until the necessary corrections are made. Operation without a permit is a violation of the above State Law and should be treated accordingly. T. M. CUMBIE, PN.G., VICE PRESIDENT HERBERT L. BRYAN'S, M.D., PRESIDENTS F. P. MEYER, D.D.S., MEMBER OU FSICY PENSACOLA ST. PETERSBURG • CARL C. MENDOZA, M.D., MEMBER CHARLES J. COLLINS, M.D., MEMBER JACKSONVILLE - ORLANDO \\er'itift$77 -,4;6•41 44 ihirIia 'tatt riarb of Pratt TELEPHONE ELc N 4O B e V"0 ,4�� WILSON T. SOWDER, M.D., M.P.H., STATE HEALTH OFFICER 94,4,4., „�.i. ' �* POST OFFICE ra°Dall4 JACKSONVILLE 1 Box 210 BUREAU OF SANITARY ENGINEERING November 20, 195 - DAVID B. LEE,M.S. IN ENG, - DIRECTOR IN REPLY PLEASE REFER TO Collier County T & Tr. East Naples Trailer Park 156 • Dr. Merwin E. Buchwald, Director Collier County Health Department P. 0. Box 14 Everglades, Florida Attention Mr. C. E. Burdeshaw Dear Doctor-Buchwald: The attached Application for Permit (San. 404) for the East Naples Trailer Park owned and operated by Er. E. T. Wainwright is being returned with a request for more complete information, It is noted in the Sewage -Disposal Section of the application on page three that septic tanks having a capatity 'of 600 to 800 gallons -are used to receive the wastes from the trailers and cabin. We would apprediate having information as to the number of trailers connected to each septic tank and the capacity of the tank in each case. The size of the tanks receiving the wastes from the cabin, the laundry and the community toilets is, needed for proper evaluation since it appears that 17 trailer spaces are not sewered. • We also would like to know the most recent date of a satisfactory laboratory test of the water supply for this establishment. Upon return of this application, together with the requested information, we shall continue our processing of the desired permit. Verr ruly yours • / . 4 it,z,bi ... / . , . • . Charles E. Cook, Chief . Environmental Sanitation -.ection EDH:et Encl. • cc: Mr. Elwood M. Larsen § w Advisory Legal Opinion- Code Enforcement, definition of violator Page 1 of 4 FAQ Contact P�A. .� ' A- . °;oNDI 4,,;;,t ilt A ' IpAll A i°LORI DA OFFICE OF T tc.\-1 Ol RN EI GENERAL • • About the Attorney General IP Pam Bondi,Attorney General of Florida • About AG Pam Bondi • Photo Gallery • Official Photo • Office Overview • Employment • Programs Programs Units • Consumer Information • Consumer Investigations • Criminal Justice Programs • Preventing Crime in the Black Community • Seniors v.Crime • Administrative Services - • Antitrust • Cabinet Affairs • Citizen Services • Civil Rights • Communications • Crime Victims Services • Criminal Appeals • Economic Crimes • General Civil Litigation • Inspector General • Legal Opinions • Legislative Affairs • Lemon Law • Medicaid Fraud • Personnel • Solicitor General • Statewide Prosecution • Independent Commissions • Information Technology • Services • Consumer Protection • Crime and Fraud • Identity Theft • Lemon Law • Medicaid Fraud • Open Government • Victim's Services • Legal Resources • AG Opinions http://www.myfloridalegal.com/ago.nsf/Opinions/0A 13B93BAFB9BF068525777000516A... 5/23/2012 Advisory Legal Opinion - Code Enforcement, definition of violator Page 2 of 4 Florida Constitution and Laws U.S. Constitution Advisory Legal Opinion-AGO 2010-32 6 Print Version Number:AGO 2010-32 Date:July 29,2010 Subject:Code Enforcement,definition of violator Mr. Scott Knox Office of the County Attorney 2725 Judge Fran Jamieson Way Viera, Florida 32940 RE: COUNTIES - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT - ORDINANCES - whether county can adopt a definition of "violator" for purposes of enforcing its local codes and ordinances. Part I, Ch. 162, Fla. Stat. Dear Mr. Knox: On behalf of the Board of County Commissioners of Brevard County, you have asked for my opinion on substantially the following question: Do the provisions of Part I, Chapter 162, Florida Statutes, preempt or otherwise operate to prevent Brevard County from adopting an ordinance defining the term "violator" to include property owners when ordinance violations exist on or at their properties, but are caused or allowed to be caused by tenants residing at those properties? In sum: The Local Government Code Enforcement Boards Act does not preempt or otherwise operate to prevent Brevard County from adopting an ordinance defining a "violator" to include the owners of real property upon which a code violation may exist when the violation may have been caused by tenants residing on those properties. You have asked whether the provisions of the "Local Government Code Enforcement Boards Act,"[1] represent a preemption to the state of the matters addressed therein and the discussion herein is limited to this issue. Part I, Chapter 162, Florida Statutes, the "Local Government Code Enforcement Boards Act,"[2] was enacted to create administrative enforcement procedures for violations of county and municipal technical codes. [3] Specific legislative action was necessary to authorize local governing bodies to impose administrative fines in light of the constitutional prohibition against the imposition of penalties by administrative agencies except as provided by law. [4] While a municipality has the authority to prescribe penalties for violations of its ordinances, state law must authorize an administrative agency to impose such penalties. [5] Moreover, if a municipality uses the provisions of Chapter 162, Florida Statutes, as the means of enforcing its codes, it does not have the authority to alter the statutorily prescribed enforcement procedures set forth therein. [6] A previously issued opinion of this office, Attorney General Opinion 81-62, considered the converse of your question, that is, whether the jurisdiction of a local government code enforcement board was limited to reviewing only a property owner's alleged violation of the city code to the exclusion of a nonproperty owner's alleged violation. As discussed in that opinion, resolution of the question is dependent on a review of the wording of the particular ordinance or code provision allegedly being violated to determine to whom the ordinance assigns responsibility for compliance. The act itself recognizes that both a property owner and someone other than the owner of the property may be responsible for a violation of a local government code provision. For example, the section providing enforcement procedures for the act, mentions both the "violator"[7] and "the owner of property that is subject to an enforcement proceeding[.]"[8] Similarly, the notice procedures for the act reflect several options depending upon the identity of the violator. Section 162.12(1) (a) , Florida Statutes, authorizes notice to be given by certified mail, return receipt requested "if such notice is sent . . . to the owner of the property in question[.]" Another section of this statute, section 162.12(1) (c) , Florida Statutes, authorizes the delivery of notice of a violation by "[1]eaving the notice at the violator's usual place of residence[.]" Attorney General Opinion 81-62 notes that a review of the legislative history surrounding adoption of the act "discloses no intent on the part of the Legislature that the board's jurisdiction be http://www.myfloridalegal.com/ago.nsf/Opinions/OA13B93BAFB9BF068525777000516A... 5/23/2012 Advisory Legal Opinion - Code Enforcement, definition of violator Page 3 of 4 limited to only property owners' alleged violations of the enumerated codes thus excluding from its jurisdiction nonproperty owners' violations of designated codes that apply or may apply to nonproperty owners." The Local Government Code Enforcement Boards Act was intended to provide "an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities[.]"[9] As the earlier opinion concludes, "[t]o interpret the Act as providing for an 'equitable, expeditious, effective, and inexpensive method' of enforcement only for violations committed by property owners appears to me to be in contravention of the express intent of the Legislature especially when the terms of the underlying municipal ordinance apply or can be properly construed to apply to nonproperty owners within the incorporated area."[10] I am aware of no legislative amendments of the act or case law decided since the 1981 opinion that would change this conclusion. It is my opinion that the conclusion is equally applicable to counties as to municipalities. Thus, this office has previously concluded that local ordinances and codes may apply or be construed to apply to alleged violations by both property owners and nonproperty owners under the provisions of Part I, Chapter 162, Florida Statutes. I recognize that the notice of violation provisions in Chapter 162, Florida Statutes, specifically require that the "violator" be notified; however, the Local Government Code Enforcement Boards Act does not define "violator" for purposes of the act, nor does the use of the term limit its application based on ownership interests in the property. [11] Further, Florida courts have held that since code violations clearly "run with the land" and subsequent purchasers can be held responsible for bringing their property into compliance with the local code, [12] "[b]y necessity and logic, there is nothing unconstitutional in holding that as the party who has the power to bring the land into code compliance, the current owner should be charged with that responsibility."[13] , Thus, it would appear that a local code provision defining a "violator" to include the owner of the ,A- property upon which code violations exist would not be preempted by or conflict with the terms of Part I, Chapter 162, Florida Statutes. In sum, the Local Government Code Enforcement Boards Act does not define the term "violator" for purposes of the act, nor does the use of the term limit its application based on ownership interest in the property upon which a violation occurs. Thus, it is my opinion that the act does not preempt or otherwise operate to prevent Brevard County from adopting an ordinance defining a "violator" to include the owners of real property upon which a code violation may exist when the violation may have been caused by tenants residing on those properties. Sincerely, Bill McCollum Attorney General • BM/tgh [1] See s. 162.01, Fla. Stat. , for the short title of the act. [2] See s. 162.01, Fla. Stat. , for the short title of the act. [3] See s. 162.02, Fla. Stat. , providing legislative intent for the act. [4] Section 18, Art. I, Fla. Const. And see s. 1, Art. V, Fla. Const. , which provides that "[c] ommissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices." [5] Id. And see Op. Att'y Gen. Fla. 89-24 (1989) (municipality may prescribe penalties for violation of its ordinances) . [6] See Op. Att'y Gen. Fla. 01-77 (2001) . See, e.g., Ops. Att'y Gen. Fla. 89-16 (1989) , 85-33 (1985) , and 84-55 (1984) . [7] Section 162.06(2) , Fla. Stat. [8] Section 162.06(5) , Fla. Stat. [9] Section 162.02, Fla. Stat. http://www.myfloridalegal.com/ago.nsf/Opinions/0A 13B93BAFB9BF068525777000516A... 5/23/2012 Advisory Legal Opinion - Code Enforcement, definition of violator Page 4 of 4 [10] And see Inf. Op. to Dellagloria dated May 2, 2001. [11] And see Op. Att'y Gen. Fla. 88-36 (1988) (notice required to be given to the "violator" of a code requires notification to all owners of property owned by more than one person) . [12] See Henley v. McDonald, 971 So. 2d 998 (Fla. 4th DCA 2008) , Monroe County v. Whispering Pines Associates, 697 So. 2d 873 (Fla. 3d DCA 1997) , and City of Gainesville Code Enforcement Board v. Lewis, 536 So. 2d 1148 (Fla. 1st DCA 1988) . And see s. 162.06(5) , Fla. Stat. , requiring the owner of property subject to an enforcement proceeding€b--di4close the existence and the nature of the proceeding to any prospective transferee and to disclose in writing to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. [13] Monroe County v. Whispering Pines Associates, 697 So. 2d 873, 875 (Fla. 3d DCA 1997) . Search: All AG databases and a Quick Links • File a Complaint • Open Government • Biennial Rule Review • Fraud and Scams • AG Opinions • Employment News Releasesview all • Life Sentence for SUR-13 Gana.Member • $40 Million Settlement with Skechers • Attorney General Bondi's Statement on Nati... • 27th Annual National Conference on Preventi... • 27th Annual National Conference on Preventi... Stay Connected ;=v 1;' Read Attorney General Bondi's Weekly Brief Provide your email address below to receive the Attorney General's Weekly Briefing featuring the latest news and updates on top issues. Enter email address Florida Toll Free Numbers: -Fraud Hotline 1-866-966-7226 -Lemon Law 1-800-321-5366 Privacy Policy I Contact Us Copyright©2011 State of Florida • http://www.myfloridalegal.com/ago.nsf/Opinions/0A13B93BAFB9BF068525777000516A... 5/23/2012 Collier County, Florida, Land Development Code »-CHAPTER 9 VARIATIONS FROM CODE REQUIREMENTS »9.03.00-NONCONFORMITIES» t••••%‘°°4:r40 9.03.03 -Types of Nonconformities B- Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single-family dwellings, duplexes or mobile homes shall be permitted in accordance with section 9.03.03 B.4. 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution. co ie Gvur ty Growth Management Division Planning & Regulation vtRuWY042Q Building Review vati} !(‘ July 9, 2012 CESD20100007042: Address: 2280 Pineland, Naples Fl. Violation Determination: YES. There are no permits in the system for the installation of Manufactured homes, sheds, additions or fences at this address. NOTE: If the structures are in a flood zone, Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located above the Base Flood Elevation. Permits are required for the installation of mobile homes in Collier County;the installation shall be performed by a licensed Installer, Dealer Installer or Manufacturer Installer. Manufactured homes installed in Collier County shall meet the requirements of Wind Zone Three (3). OPTIONS: If the owner wants to keep structures in place, all necessary permits shall be applied for from the Department of Health and the Building Department. Or; if the applicant wants to remove any work which was done without a permit, a Demolition Permit will be required. Thomas DeGram Building Official Date: 7- 9-'Z_ Myro Jacobs Chiefs ural Inspector ate: .7 Bu4r9 Rcm vSsores•2&K)Noah horseshoe()five•Naples.Florida 34 304•239-252-2400•WNW coaNergov.net CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120000114 COLLIER COUNTY, FLORIDA, Plaintiff, vs OLYMPIA PARK RTL BLDG DEV LLC, Respondent(s) R &P Property Management, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code, 04 -41, as amended, Section 6.06.03(A) LOCATION OF VIOLATION: 2400 Vanderbilt Beach RD SERVED: OLYMPIA PARK RTL BLDG DEV LLC, Respondent R &P Property Management, 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 W TH 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, pars un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120000114 Olympia Park RTL Building Development LLC., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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 6.06.03 (A) 2. Description of Violation: Failure to install streetlight at north entry/exit at Vanderbilt Beach Rd. 3. Location/address where violation exists: 2400 Vanderbilt Beach Rd. Naples, FL 34109. Folio: 64630000021 4. Name and address of owner /person in charge of violation location: Olympia Park RTL Building Development LLC PO Box 25965 Shawnee Mission, KS 66225 C/O R/A R &P Property Management 265 Airport Rd. S. Naples, FL 34104. 5. Date violation first observed: 1/04/2012 6. Date owner /person in charge given Notice of Violation: 1/19/2012 7. Date on/by which violation to be corrected: 2/13/2012 8. Date of re- inspection: 5/24/2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. 1. Dated this day of ��;a�; 2012 Code Ercement Investigator STATE OF FLORIDA COUNTY OF COLLIER W to (or aff d) and su scribed before thz_day o ;�j�(�2012 byjW3 3�`S (Signature of Notary Public) ( Print /Type /Star>,��n E of FLORIDA Name of Notary `,,,u ) Colleen Crawley Personally known or produced identification j _ Commission # EE129317 Expires: 3L7NE 07, 2014 BONDED THRU ATLA\TIC 130NDM CO., EqC. REV 1 -4 -12 Case Number: CES020120000114 Date: January 11, 2012 Investigator: Stephen Athey Phone: 2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION. Owner: OLYMPIA PARK RTL BLDG DEV LLC PO BOX 25965 SHAWNEE MISSION, KS 66225- Registered Agent: R &P Property Management, 265 Airport Rd S., Naples, FI 34104 Location: 2400 Vanderbilt Beach RD Unincorporated Collier County Zoning Dist: PUD Property Legal Description: OLYMPIA PARK A LAND CONDOMINIUM UNIT 100 Folio: 64630000021 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: Planned Unit Development Procedures. Collier County Land Development Code 04 -41 as amended, section 6.06.03 - Streetlights A. Streetlights shall be designed and installed utilizing IES standards for each street and intersection at required intervals along each street and at the end of each cul -de -sac. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Streetlight at the north entry/exit on Vanderbilt ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Install streetlight at entry per Land Development Code section 6.06.03 Provide arterial level street lighting at the project access point on Olympia Park Blvd whick is the shared access with Venitian Park PUD ON OR BEFORE: 2 -13 -12 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT f - 2800 North Horseshoe Dr, Naples, FL 34104 Investigator = iture �f�jF j Phone: 239 252 -2440 FAX: 239 252 -2343 Stephen A Signature and Title of Recipient Printed Name of Recipient Date 6.06.03 - Streetlights 0 Streetlights shall be designed and installed utilizing the IES standards for -each street, intersection at required intervals along each street and at the end of each cul -de -sac. The IES standards for this street lighting are per IESNA RP 8.00, except as below: At the entry /exit of any residential or commercial development approved through a SDP, SDPA, or PPL located on a public collector or arterial street, the following additional standards shall apply: 1. 2. At the points where the edges of pavement of the entrance road meet the intersecting right -of -way line, the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles. In cases when this Code may conflict with any other lighting codes, requirements, policies, or recommendations relating to the spillover of light outside of project boundaries, public safety needs shall be evaluated by staff and shall take precedence in the required placement of fixtures. A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right -of -way except when located at a single -lane one -way driveway. In such case, one (1) fixture will be allowed but it shall meet minimum required foot - candle values. If the applicant can show the existing illumination levels from existing roadway lighting meet the required foot candles through a photometric lighting plan (calculated or by field measurement) certified by an engineer, licensed in the State of Florida, the county manager or designee may waive or modify the requirement for additional lighting at the point where the entry road intersects the public right -of -way. .1 PREPARED BY: Craig D. Grider, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 PREPARATION OF DEED ONLY. NO OPINION OF TITLE RENDERED. 3841662 OR; 404( RECORDED in OFFICIAL RECORDS of 05/18/2006 at 03:36PE DWIGHT 1, ReUMPRESS /F111E1 HENDERSON FRANKLIN 1715 KORROS ST F4 MYERS FL 33901 WARRANTY DEED i � ,, COLLIER COOETY, FL BROCI, CLERK COAS 1250000.00 RIC FEE 35.50 DOC -.70 8750.00 THIS WARRANTY DEED, made on the 15`' day of May, 2006, between N.D.C., L.L.C., a Florida limited liability company, whose post office address is P.M.B. 87, P.O. Box 413005, Naples, Florida 34101 -3005, Grantor, and Olympia Park Retail Building Development, LLC, a Florida limited liability company, whose post office address is 12810 Tamiami Trail North, Naples, Florida 34110 -1614, Grantee. (here -used rein the terms Grantor and Grantee shall be construed as singular or plural as the�cc%t�rgty T� WITNESSETH that the`Cira°rW DOLLARS ($10.00) and other /goo�aa the receipt whereof is hereby ackn�wlel Grantee's heirs and assigns ore County of Collier, State of orio Unit 100 of OLYMP] Condominium thereo 190, inclusive, as amen amendments thereto, of Property ID No. 64630000021 , for and in conside tion f the sum of TEN AND 00 /100 valuabl ca�ratio to Cifantor in hand paid by Grantee, e N), f3irante d, ar ain d 4d sold to the said Grantee and 0 0 ~ c e , s tuate, lying and being in the t: a land Con ft inilur ak" ding to the Declaration of d in Officiall qr "ok 2763, at Page 131 through licial Records Bo 5, at Page 2975, and subsequent "eeordc. Cb11 r County, Florida. Subject to: (a) ad valorem real property taxes for the year 2006 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) those matters set forth on Exhibit "A ", attached hereto and incorporated by reference. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. AND the Grantor hereby covenants with the 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 this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. WARRANTY DEED PAGE 1 OF 2 OR; 4040 PG; 0087 IN WITNESS WHEREOF, the Grantor has hereunto set his or her hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in the presence of Print STATE OF FLORIDA COUNTY OF COLLIER The foregoing ins ' i, Stephen L. Pistner as Presid Member of N.D.C., L.L.C., a and did not take an oath. N.D.C., L.L.C., a Florida limited liability company By: Pistner Associates Inc., a Florida corporation, i nagi ber By: n L. Pistner,.President WARRANTY DEED PAGE 2 OF 2 day of May, 2006, by rida corporation, Managing He is personally known to me OR: 4040 PG; 0088 EXHIBIT "A" PERMITTED EXCEPTIONS 1. Terms, provisions, covenants, liens, conditions and options contained and rights and easements established by the Declaration of Condominium of Olympia Park, and all exhibits attached thereto and recorded January 9, 2001, in O.R. Book 2763, Page 131, as amended in O. R. Book 3875, Page 2975, and as may be further amended, all of the Public Records of Collier County, Florida. Such Declaration and/or Amendment(s) establishes and provides for easements, Iiens, charges, assessments, an option to purchase, a right of first refusal, and the prior approval of a future purchaser or occupant. 2. Easement contained in instrument recorded March 17, 1968, in O.R. Book 273, Page 926, and as modified by easement, termination or reservation in instrument recorded January 30, 1990, in O.R. Book 1501, Page 1792, all of the Public Records of Collier County, Florida. 3. Easement contained in instrument recorded August 15, 1977, in O.R. Book 701, Page 1778, Public Records of Collier County, Florida. 4. Easement in favor of City of Naples, contained ' to a nom corded February 27, 1973, in O.R. Book 507, Page 787, Public Records of Collier County, Florida. /, 5. Easement in favor of City of Naples, Or (rqbWa in instrument Public Records of Collier County, FlAdafr--_--, 6. Easement in favor of City of Nap Public Records of Collier County, 7. Easement in favor of United Tele `laoh► ,*Q iMOL� & Book 862, Page 381, Public Recor �ollier County, 8. Easement contained in instrument r ` `o-Lded June 30, 1989, in County, Florida. ? 9. Easement contained in instrument recorded 9t9i County, Florida. 27, 1973, in O.R. Book 507, Page 790, 27, 1973, in O.R. Book 507, Page 791, recorded March 28, 1980, in O.R. 1, Page 1811, Public Records of Collier 1501, Page 1822, Public Records of Collier 10. Agreement contained in instrument recorded April 19, 1993, O.R. Book 1816, Page 1969, Public Records of Collier County; Florida. 11. Easement contained in instrument recorded February 20, 1998, O.R. Book 2390, Page 2714, Public Records of Collier County, Florida. 12. Easement in favor of Collier County, contained in instrument recorded February 20, 1998, in O.R. Book 2390, Page 2716, Public Records of Collier County, Florida. 13. Memorandum of Lease recorded in O.R. Book 2505, Page 2823, Public Records of Collier County, Florida. 14. Agreement recorded January 24, 2000, in O.R. Book 2633, Page 3294, as amended by the First Amendment to the Joint Driveway Access and Easement Agreement as recorded March 27, 2002, in O.R. Book 3007, Page 856, all of the Public Records of Collier County, Florida. 15. Easement in favor of Florida Power & Light Company, contained in instrument recorded November 22, 2002, in O.R. Book 3159, Page 3335, Public Records of Collier County, Florida. WARRANTY DEED PAGE 3oF4 * ** OR; 4040 PG, 0089 * ** 16. Easement in favor of Florida Power & Light Company, contained in instrument recorded December 10, 2002, in O.R. Book 3171, Page 1662, Public Records of Collier County, Florida.. 17. Declaration of Easements, Covenants, Conditions and Restrictions by Olympia Development Group, Inc., and N.D.C., LLC, which contains provisions for, but not limited to, maintenance assessments, recorded April 1, 2003, in O.R. Book 3253, Page 3352, Public Records of Collier County, Florida. 18. Instrument creating easement and other rights pertinent to the ownership, operation and maintenance of water utility facilities in favor of the Board of County Commissioners of Collier County, contained in instrument recorded July 15, 2003, in O.R. Book 3341, Page 857, Public Records of Collier County, Florida. 19. Conservation Easement contained in instrument recorded in O. R. Book 3842, Page 3194, Public Records of Collier County, Florida. 20. All other covenants, restrictions, reservations or easements of record or common to the development. NOTE: All of the recording information contained herein refers to the Public Records of Collier County, Florida, unless otherwise indicated, and does not intend to reimpose same. C �E'- L Y WARRANTY DEED PAGE 4 OF 4 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120000114 Board of County Commissioners, Collier County, Florida Vs. Olympia Park RTL Building Development LLC. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 6.06.03 (A) David Jones, Code Enforcement Official Department Case No. CESD20120000114 DESCRIPTION OF VIOLATION: No street light at north entry/exit at Vanderbilt Beach Rd. 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. Install all required arterial lighting and obtain any necessary permits, inspections, and certificate of completion for the installation of arterial lighting within days of this hearing or pay a fine of$ dollars a day until 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. Olympia Park RTL Bldg Dev. LLC. Inv. David Jones Department Case No CESD20120000114 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(Add!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: CESD20120000116 COLLIER COUNTY, FLORIDA, Plaintiff, vs. V P OFFICE HOLDINGS LLC, Respondent(s) Richard Armalavagb, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code, 04 -41, as amended, Section 6.06.03(A) LOCATION OF VIOLATION: 2244 Venetian Court Naples, FL SERVED: V P OFFICE HOLDINGS LLC, Respondent Richard Armalavage, Registered Agent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de Proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120000116 VP Office Holdings LLC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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 6.06.03 (A) 2. Description of Violation: Failure to install streetlight at north entry /exit at Vanderbilt Beach Rd. 3. Location/address where violation exists: 2244 Venetian Court. Naples, FL 34109. Folio: 237600008 4. Name and address of owner /person in charge of violation location: VP Office Holdings LLC 4600 Enterprise Avenue Ste. A Naples, FL 34104 C/O R/A Richard L. Armalavage 2240 Venetian Court Naples, FL 34109. 5. Date violation first observed: 1/04/2012 6. Date owner /person in charge given Notice of Violation: 1/17/2012 7. Date on/by which violation to be corrected: 2/13/2012 8. Date of re- inspection: 5/24/2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this % day of J'y 2012 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 'X �T �s to (or affirmed) and subscribed before this � � day of ��i , 2012 by 1 Personally known or produced identification Type of identificat' n produced REV 1-4 -12 (Print/Type /Starr Commiss o ed Na a S b c G�BRGir�` TA Y I BLIC S'T'ATE Off' FLOOD. Comm## OE3ci€ 4 E 161Q' ExpIP@s 12212t A ' E j Case Number: CESD20120000116 Date: January 11, 2012 Investigator: Stephen Athey Phone: 2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: V P OFFICE HOLDINGS LLC 4600 ENTERPRISE AVE STE A NAPLES, FL 34104- Registered Agent: Richard L. Armalavage, 2240 Venetian Court, Naples, Fl 34109 Location: Olympia Park, Walgreens PUD, Venetian PUD Unincorporated Collier County Zoning Dist: PUD Property Legal Description: 2 49 25 E1/2 OF NE1/4 OF NW1 /40F NE1/4, LESS W113, LESS THATPORTION NKA 2210 BUILDING CONDO AS DESC IN OR 3409/3044, Folio: 237600008 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: Planned Unit Development Procedures. Collier County Land Development Code 04-41 as amended, section 6.06.03 - Streetlights. A. Streetlights shall be designed and installed utilizing the IES standards for each street and intersection at required intervals along each street and at the end of each cul -de -sac. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No streetlight at the the north entrylexit at Vanderbilt. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Install stretlight at entry per Land Development Code section 6.06.03 ON OR BEFORE: 2 -13 -12 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: InvestigatopSTig natur ' Stephe Athey 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 6.06.03 - Streetlights- FA Streetlights shall be designed and installed utilizing the IES standards for -each street, intersection at required intervals along each street and at the end of each cul -de -sac. The IES standards for this street lighting are per IESNA RP 8.00, except as below: At the entry/exit of any residential or commercial development approved through a SDP, SDPA, or PPL located on a public collector or arterial street, the following additional standards shall apply: 1. 2. At the points where the edges of pavement of the entrance road meet the intersecting right -of -way line, the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles. In cases when this Code may conflict with any other lighting codes, requirements, policies, or recommendations relating to the spillover of light outside of project boundaries, public safety needs shall be evaluated by staff and shall take precedence in the required placement of fixtures. A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right -of -way except when located at a single -lane one -way driveway. In such case, one (1) fixture will be allowed but it shall meet minimum required foot - candle values. If the applicant can show the existing illumination levels from existing roadway lighting meet the required foot candles through a photometric lighting plan (calculated or by field measurement) certified by an engineer, licensed in the State of Florida, the county manager or designee may waive or modify the requirement for additional lighting at the point where the entry road intersects the public right -of -way. pmt by and return to: Stanley J. Lleberforb Attorney at Law Stanley J. Lleberrarb, P.A. 1100 Fifth Avenue South Suite 405 Naples, FL 34102 239- 403 -0611_ File Number: 4528.004 Grantee S.S. No� Parcel Identification No. 00238440704 & 00237600008 * ** 3007250 OR: 3064 PG: 1801 IDCOIDID in Or7ICIAL IICOIDS of COL1,111t COMM, iL 0110112002 at 03:17PK DIIf,M1 1, IQOCI, CL111 COIs 200000100 IIC !It C00 DOC -,70 10200,00 Rata: SUILIT J 1,I181RIA111 1100 STI A91 S 1405_ IAPLIS !L 14102 Above This line For Recording Datal _ Warranty Deed (STATUTORY FORM - SECTION 689.02. F.51 Th13 Indenture made this 26th day of June, 2002 between Kenney Schryver, as Trustee of Land Trust 98- 101-with full power and authority under Fl. statute 689.071 whose post office address is 686 15th Avenue South, Naples, FL 34102 of the County of Collier, State of Florida, grantor*, and V. P. Office Holdings, LLC, a Florida limited liability company whose post office address is 1847 Trade Center Way, Naples, FL 34109 of the County of Collier. State of Florida, grantee', Wituesseth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS (SI0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land. situate, lying and being in Collier County, Florida, to -wit: The East Half of the Northeast Section 2, Township 49 South, Re Subject to taxes for 2002 reservations and limitations and said grantor does hereby fully whomsoever. In Witness Whereof, grantor has Signed, sealed and delivered in our Collier 'Grantee' arc used for singdlar or plurld. as - __ y set grantor's hand and'seal (hyd1 t� State of Florida County of Collier of the Northeast Quarter of -; ney Schryver / rtri<Stee restrictions, easements, against lawful claims of all persons requires. year first above written. The foregoing instrument was acknowledged before me this_ day of June, 2002 by Kenney Schryver. Trustee. who (X) is personally known or LJ has produced as identification.. �j (Notary Seal) &4t�bc Printed Name: DiensmNabla My Commission Expires: jtAr c mrrb" 000070111 atr l atift i em ok no DoubleTtmw COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120000116 Board of County Commissioners, Collier County, Florida Vs. VP Office Holdings LLC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 6.06.03 (A) David Jones, Code Enforcement Official Department Case No. CESD20120000116 DESCRIPTION OF VIOLATION: No street light at north entry/exit at Vanderbilt Beach Rd. 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. Install all required arterial lighting and obtain any necessary permits, inspections, and certificate of completion for the installation of arterial lighting within days of this hearing or pay a fine of$ dollars a day until 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. VP Office Holdings, LLC. Inv. David Jones Department Case No CESD20120000116 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I 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 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 $0.00 IOF Total $0.00 Total Operational Costs $80.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110011822 COLLIER COUNTY, FLORIDA, Plaintiff, vs MIRIAM H MONTES DE OCA, 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: 07/26/2012 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: 4015 20th AVE NE SERVED: MIRIAM H MONTES DE OCA, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239 )774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. 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 paid you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110011822 Miriam H. Montes De Oca, 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: Three (3) sheds, a separate garage, and additions made to the residential structure, specifically a garage, Florida room and enclosed lanai have no valid Collier County Building permits. 3. Location /address where violation exists: 4015 200' Ave NE, Naples, Fl. 34120, Folio #40410840001 4. Name and address of owner /person in charge of violation location: Miriam H Montes De Oca, 4015 206 Ave NE, Naples Fl. 34120 5. Date violation first observed: August 23, 2011 6. Date owner /person in charge given Notice of Violation: December 17, 2011 7. Date on/by which violation to be corrected: January 14, 2012 8. Date of re- inspection: June 19, 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 thiAkay of. jam, 2012 _ (( Dann domina Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before tl iay of , 2012 by /BALI Ccv�r,(cl *Ac-N_ (Signature of Notary Public) (Print /Type /Stamp Commissioned / Name of Notary Public) Personally known I or produced identification NOTARY PUBLIC-STATE OF FLORIDA nisi y Adams mmiss Coon # EE005769 REV 1 -4 -12 Exrires: JiNE 30, 2014 BONDED TFRU ATLAN 7C BONDING CO., INC Case Number: CESD20110011822 Date: December 15, 2011 Investigator: Janis Potter Phone: 239 252 -2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MONTES DE OCA, MIRIAM H 4015 20TH AVE NE NAPLES, FL 34120 Location: 4015 20th AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 72 W 105FT OF TR 13 Folio: 40410840001 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: Three (3) sheds, a separate garage, and additions made to the residential structure, specifically a garage, Florida room and enclosed lanai have no 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 OR obtain a Collier County Demolition permit and remove said structure(s) from the property and return to original permitted state. ON OR BEFORE: 1/14/2012 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: In esator Signature nis Ptigotter 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 CESD20110011822 Date USPS.com® - Track & Confirm English Customer Service USPS Mobile SPS (Quick Tools Ship a Package Track & Confirm YOUR LABEL K1LJI 3ER SERVICE 70102760000180207021 Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM P'Wacy Policy : - Government Services > Terms of Use BUY Stamps & Shop, F OIA, , Print a Label with Postage No FEAR Act EEG Data > CLIS10mer Service Site Indeex > C,op r gh1G 2012 USPS, A.I'I Rights; Reserved Page 1 of 1 Register I Sign In Search USPS.com or Track Packages Send Ivlail Manage Your ivlail Shop vusiness Solutions STATUS O: YOUR ITEM DATE 3 TIME LOCATION Delivered December 17, 2011, 2:37 pm NAPLES, FL 34120 ON A60UT.USPS.COM About USPS Horne Newsroom > Mail Service Unciates Forms & Publications, Careers P[ATUR'e'S OTHER USPS SITES Business Customer Gateway Postal Inspectors > Inspector General, Postal Explorer r https://tools.usps.com/go/TrackConfirniAction.action 6/19/2012 Municode Page 1 of 26 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1 • Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional .use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1 • Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, http: / /library.municode. comlprint.aspx ?cllentID =13 992 &HTMRequest =http %3 a %2 f%2fli... 4/30/2012 Municode Page 2 of 26 moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit (s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. Application for buiiding or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off - street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i• Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with http: / /Iibrary.municode. com/print. aspx ?clientID =13. 992& HTMRequest= http %3 a %.2P /`2fli... 430/2012 02/17/04 15:23 FAX 954 402 9675 TOWN & COUNTRY TITLE — -7 RETCTRN TO: TOWN & COV' NTRY.TITL'E, INC. 1415 PANTEER LANE, SUM #237 NAPLES, I -WRIDA 134109 04- 7012D DL OCA Property Folio No. 4047b840001. PREPARED BY: B'.d, REEVES, ESQ. Terra Mc Prep, Inc, 6565 Taft Street #101 Hollywood, FL 33024 Z017 * ** 3353848 OR; 3513 PG; 1614 RECORDED in OFFICIAL. RECORDS Of COLLIER COUNTY, FL 03104/2004 at 02:34PK DWIGHT B, BROCK, CURB CONS 160000.00 RBC FIB 630 DOC -.10 1120,00 Retn: , YOU 6 COUNTRY TITLE GUARANTY PICK UP . WARRANTY DEED f3tatutoi'y F=M- Sectiaa 89.02 r.s.y This Indenture, made this 17th• day of Febi , 2604; between DESIGN `MS H0r#M GROUP, NC., A AORIDA. CORPORATION .whose post•office address is 5195 17th Avenue SW, Naples, `Florida, 34116, hereinafter called the Crrantort and NmaAM fi. MONTES DE OCA, m'arrfed woman whose post office address is 4015 20th Avenue Northeast, Naples, Ao:ilda 34I20, beireinaiter'called thu'grantee *. W1'I•ITFSSETH: That said Faut6i -Jor and in consideration dithe sum o'fTEN AND NO1100 (510.00) EkMars, and oiher gbod 9hd valuablc consideration to said grantor to hand paid ;by said &=me, the receipt wlicrdof ie hereby addrowledg%[, has granted, batgainl;d and sold to the grantee, dud grantee's Veirs and "gns foiever, the following described land, sbiate, lying and being in COLLIER County, Florida, to wit': TF,ft3 WEST 105 kUT:Ok THE WEST LSD FEIET CRTSED AS THE %VEST lo$.F1RI.T OF TRACT 13, OT' GOLDEN CATk ESTATES 10NIT NO. 72, ACy( ORj3 T �kAT THBA1O`Fj AS RECORDED IN PLAT BOOK 5, AT PACES OF THE PTTBLIC i7ECORDS OR ` M, ', 1DA. / Subject to rei Hetions, rcstrvaiioos, zoning ordinances, and taxes for the cur Said granter does hereby fully wa whomsoever. In Witness Whereof, Grantor Signed, sealed and deliyei'ed in our set grantor's hind f, `n Sig�HttiRf of Witness �'-- ype name e ofWimess Diana P. Lindsey. Pnnt/Type name of Wit=s ony; pt videdatfiat this shall not serve m reimpose same, ,—R =.\, s' st the liw,fid claims of 811 persons aT t a day' d`yow frst above written 2 INIIt � d 'OME GROL`P, INC., RIDA CORP s [RANCISCO MOR-kLES, M2SMENT. STATE OF Florida COUNTY OF Collier The foregoing iastnrm6nt was.aeknowledgcd before me this 17th day of February, 2004, by FRANCISCO MORALES, PRESIDENTO1DESIGNEitS 'HOME GROUP, IIVC.,AFLORID' CORPORA ON Owhois(are}perwnaIIy'loiown to the or Cbave) produced valid drivers licenses or �� ij L( as ideapficatton. (SEAT.) lic Xty., "' O ... Frescos 5. Lapin^ 0026M 1 U F r 7 Y`• My Conn"°° 0f' QN EzPvss ia!a+ar)' t B. 201x8 . c °�rEirz POOR QUALITY ORIGINAL BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110011822 Miriam H. Montes De Oca Respondent(s), STIPULATION/AGREEMENT y� e? IA%r 1 e. cc S Oe Qcc,• COMES NOW, the undersigned,�6" ov\ �° C5°e Gon behalf of himself or b 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 CESD20110011822 dated the 15TH day of December, 2011. In consideration of the disposition and resol9tion of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled fors iy.2b2C;''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$�,2incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Permit(s) or Demolition Permit(s), inspections, and Certificate of Completion/ Occupancy with«!" 12C-days of this hearing or a fine of$25(),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 iwi Chn'5�ijhe�' ,G.,'" e."(i1, , aGG+ Por : alL.L..... ......„..._.„. ii r Respondent or Represe't r'e (sign) Mane lagg, Director Code Enforcement Department Y cA..-Nvv.b, \koq4-e___ r 2,,,,, Respondent or Representative (print) ,.Date t -Z (0-12.- Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110011822 Board of County Commissioners, Collier County, Florida Vs. Miriam H. Montes De Oca Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Danny Condomina, Code Enforcement Official Department Case No. CESD20110011822 DESCRIPTION OF VIOLATION: Three (3) shed, a separate garage, and additions made to residential structure, specifically a garage, Florida room and enclosed lanai have no 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. Miriam H. Montes De Oca Inv. Danny Condomina Department Case No CESD20110011822 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 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: CESD20110017156 COLLIER COUNTY, FLORIDA, Plaintiff, vs RONNIE G & BEVERLY J BISHOP, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/26/2012 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: 1329 SAINT CLAIR SHORES RD SERVED: RONNIE G & BEVERLY J BISHOP, Respondent Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)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, pars un major 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 vin! avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Ronnie G. & Beverly J.Bishop, Respondent(s) DEPT CASE NO. CESD 20110017156 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06 (B) (1) (a) 2. Description of Violation: Turned permitted garage into a guest house 3. Location/address where violation exists:: 1329 Saint Clair Shores Rd. Naples, Fl. 34104 Folio# 294600009 4. Name and address of owner /person in charge of violation location: Ronnie G. & Beverly J. Bishop 1329 Saint Clair Shores Rd. Naples, Fl. 34104 5. Date violation first observed: 2/28/12 6. Date owner /person in charge given Notice of Violation:: 2/28/12 7. Date on/by which violation to be corrected: 3/29/12 8. Date of re- inspection: 5/14/12 9. Results of Re- inspection: Non - compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid, and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 21s' day, of May, 2012 ; armelo Gomez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S 1JAkA4k4 ��LkA rn to (or aff ed) and subscribed before thisjday ofjM Ckt , 2012 by L—_ ignature of o Public) (Print/Type /Stamp Commissioned � Name of Notary Public) Personally own � or produced identification SHIRLEY t�REr1A Type of identificati n produced NOTARY PUBLIC STATE OF FLORID S Comm* N)0943480 REV 5-13-10 r�.r.s 14 ExnirPg 12,1211,-,( f Case Number: CESD20110017156 Date: February 28, 2012 Investigator: Carmelo Gomez Phone: 2392522971 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BISHOP, RONNIE G & BEVERLY J 1329 SAINT CLAIR SHORES RD NAPLES, FL 34104- Location: 1329 SAINT CLAIR SHORES RD Unincorporated Collier County Zoning Dist: Property Legal Description: 31 49 26 N1/2 OF S1 12 OF SE1 /4 OF NE1/4 OF NE1/4, LESS W30FT 2.39 AC OR 1622 PG 990 Fo I i o: 294600009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance's) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), .nspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: TURNED PERMITTED GARAGE INTO A GUEST HOUSE ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspectionl. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must requesticause required inspections to be performed and obtain a certificate of occupancy /completion. ON OR BEFORE: 03/2912012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE Investigator Signature Carmelo Gomez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature a le of Recipient COLLIER COUNTY LAND DEVELOPMENT CODE Codified through Ordinance No. 11 -21, adopted June 14, 2011. (Sapp. No. 7) Preliminaries COLLIER COUNTY- LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 Published by Municipal Code Corporation Tallahassee, Florida 2004 COLLIER. COUNTY BOARD OF COUNTY COMMISSIONERS Donna Fiala, Chairman Tom Henning Jim Coletta Fred W. Coyle Frank Halas 10.+02.06 Subm °dtal Requirements for Peru- its B. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on &Wding or land ilteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code -are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to .clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. tHis wARRANTY cato bade the 31st day of etas A.U. 1991 by Harold tripp and Catherine Tripp, husband and *ife hereinafter called the grantor, CD to Ronnie ti. Bishop and Beverly J. Bishop, husband and wife C"J whose postoffice address is 1329 St. Clair Shores Road, Naples, Florida 33942 tO hereinafter called the grantees (uhenver and kerein tkt tens 'Grantor' add 'fraetee' isclude all the earths to this inatrwnt did the N heirs, leGas represeatativn aid assign of individuals, dad the saeasaors and mills of corporations) WITNES5ETH: that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in collier county, Florida, viz: North One -Half (N 1 /l) of the $out 1/4) of the Northeast one -Quart r' Section 31, Township 49 South�Ttn subject to easements, rest TOGETHER with all the t in anywise appertaining. TO HAVE AND TO HOLD, the —Hal# i 1/2) of the southeast one-ouarter (5E q ft Northeast One- Uuarter (NE 1/4) of `Ens County, Florida. q reservation co #on to the subdivision. b -- \ r:1 Gto i) _ats i\ a lartenances thereto belonging or fee simplab e e AND the grantor hereby covens r �' h said ,rarIM at the grantor is lawfully seized of said land in fee simple, that.��, ao' right and lawful authority to sell and convey said land, that the grantor L u'krY warrants the title to said land and land the lawful persons tha said December 31# t 1990 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. signed, sealed and d 1•vered in our presence= l o d Tripp Catherine Tripp STA,T.E .oF .fiorida CLl_gRTY •t1F I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the county aforesaid, to take acknowledgments, personally appeared Harold Tripp and Catherine Tripp, husband and wife to ate known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. SS; y"hghd and official seat in the county and State last aforesaid this 31st day of flay AM..',i9S1,;,'. not Pu6k state of Soria PUBLIC Recorded and vi ;hed . ` tKf�itEY;::1it Commission Ex P, ies lane 2. 1994 a..n.e mm Lo, fm • 1mm M� %n Ottm�at N7Y} FLOR�OA lER COU ,.., ' . •^ r. ? C0 AnAES C. GILES, CtERK tot ihitl t f!l)` IWtR lb i ilt+et oaet'tbtn3 e.t . y �{T, RCf y.,� foot 01487048. -t? v4s womt raw or U* ft, iliass ML ME it STY �i t� ftotto lint oW�Iortt e $ S: tat yat to fitot Auteee Aorta flteidd 59►►1 Fwtd i Csatna ' I a .t.s' lea fCiD... .. ::fit Ut`it Ct}U 3Y CLERK OiF - .Kf� rt#Wtt twaistri ftrut to. (folio) VAetst AW. �C stwo0s) S.SASP , ....«. -$Mt MM MIS UX fat OMSS146 ORfA•- •.......•.•••SfAOt AM tots lint tar 11CM1016 Odin ••.••- ��••••••••••.•••••••••••• tHis wARRANTY cato bade the 31st day of etas A.U. 1991 by Harold tripp and Catherine Tripp, husband and *ife hereinafter called the grantor, CD to Ronnie ti. Bishop and Beverly J. Bishop, husband and wife C"J whose postoffice address is 1329 St. Clair Shores Road, Naples, Florida 33942 tO hereinafter called the grantees (uhenver and kerein tkt tens 'Grantor' add 'fraetee' isclude all the earths to this inatrwnt did the N heirs, leGas represeatativn aid assign of individuals, dad the saeasaors and mills of corporations) WITNES5ETH: that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in collier county, Florida, viz: North One -Half (N 1 /l) of the $out 1/4) of the Northeast one -Quart r' Section 31, Township 49 South�Ttn subject to easements, rest TOGETHER with all the t in anywise appertaining. TO HAVE AND TO HOLD, the —Hal# i 1/2) of the southeast one-ouarter (5E q ft Northeast One- Uuarter (NE 1/4) of `Ens County, Florida. q reservation co #on to the subdivision. b -- \ r:1 Gto i) _ats i\ a lartenances thereto belonging or fee simplab e e AND the grantor hereby covens r �' h said ,rarIM at the grantor is lawfully seized of said land in fee simple, that.��, ao' right and lawful authority to sell and convey said land, that the grantor L u'krY warrants the title to said land and land the lawful persons tha said December 31# t 1990 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. signed, sealed and d 1•vered in our presence= l o d Tripp Catherine Tripp STA,T.E .oF .fiorida CLl_gRTY •t1F I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the county aforesaid, to take acknowledgments, personally appeared Harold Tripp and Catherine Tripp, husband and wife to ate known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. SS; y"hghd and official seat in the county and State last aforesaid this 31st day of flay AM..',i9S1,;,'. not Pu6k state of Soria PUBLIC Recorded and vi ;hed . ` tKf�itEY;::1it Commission Ex P, ies lane 2. 1994 a..n.e mm Lo, fm • 1mm M� %n Ottm�at N7Y} FLOR�OA lER COU ,.., ' . •^ r. ? C0 AnAES C. GILES, CtERK COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD 20110017156 Board of County Commissioners, Collier County, Florida Vs. Ronnie G. & Beverly J. Bishop Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) Carmelo Gomez, Code Enforcement Official Department Case No. CESD 20110017156 DESCRIPTION OF VIOLATION: Turned permitted garage into a guest house 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 applicable Collier County Building or Demolition permits, to retain the guest house or restore the structure to it's permitted condition as a garage within 90 days of this hearing or a fine of$100.00 a day to be imposed for each day violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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.Ronnie G. & Beverly J. Bishop Inv. Carmelo Gomez Department Case No CESD20110017156 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 6 78 0.022 $1.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.72 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 $79.72 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 $79.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120003616 COLLIER COUNTY, FLORIDA, Plaintiff, vs STEVEN J MARTARANO, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54 -181 [A] LOCATION OF VIOLATION: 211 20th ST SE SERVED: STEVEN J MARTARANO, 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 Is audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traigp su propio traductor. Avbtisman —Tout odisyon yo f6t an angle. Nou pan gin moun you fd tradiksyon. St ou pa paI6 angI6 tanpri vini av2k yon intApret you pall you -ou. COLLIER COUNTY,.FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Steven J. Martarano, Respondent(s) DEPT CASE NO. CENA20120003516 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 Ordinance, Chapter 54, Article VI, Section 54 -181 2. Description of Violation: Construction debris dumped on the estates zoned property. 3. Location /address where violation exists: 211 20`h ST SE Naples, FL 34117 Folio 339387240004 4. Name and address of owner /person in charge of violation location: Steven J. Martarano 211 20`h ST SE Naples Fl 34117 5. Date violation first observed: March 14`h, 2012 6. Date owner /person in charge given Notice of Violation: March 14`h, 2012 7. Date on/by which violation to be corrected: April 12`h, 2012 8. Date of re- inspection: June 201h, 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 -5 -11 Dated this R� day of July, 2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER jet Sworn to (or affirmed) and subscribed before this ��' '� day of July, 2012 by Patrick Baldwin (Signature of 1ptary Pudic) (Print/Type /Stamp Commissioned VV Name of Notary Public) Personally known _X or produced identification Type of identification produced NOTARY PL -KIGsT `. i OF ri_oIUDA Brand -s Coni_: i io.: Y DD926130 u%pi es; S P. 17, 2013 BONDED TaRU' hTl _MC B ONDM G CO., INCA Case Number: CENA20120003516 Date: March 14, 2012 Investigator: Patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARTARANO, STEVEN J 211 20TH ST SE NAPLES , FL 34117 - Location: 211 20th ST SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 51 N 18OFT OF TR 65 Folio: 39387240004 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: 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Construction debris dumped on the estates zoned property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must remove or cause to remove any unauthorized accumulation of litter. Unauthorized accumulation of litter is defined as the accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a) The subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b) The building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. 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 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 AFFIDAVIT OF POSTING Code Case Number: CENA20120003516 Respondent(s): MARTARANO, STEVEN J 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 211 20th ST SE , on _3 -14 -2012 (Date), at _2:00pm_ (Time), and at. the _X_Collier County Courthouse _ Immokalee Courthouse. (Signature of Code Enforc ment Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _14th day of _March_, 2012 by Patrick Baldwin (Name of person ma�ing statement) I� (Signature of Notary Public) dOTARYPLBi.K: -STi ?; AFFIDAVIT OF MAILING Respondent(s): Case# CENA20120003516 PB -23 NOV MARTARANO, STEVEN J 211 20TH ST SE NAPLES, FL 34117 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: Code Case Number: CENA20120003516 v 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 211 20TH ST SE NAPLES FL 34117, on March 15 1P 2012 , at 8 :05Am.. (Signature of Code orcement Official) Kimberly Brandes ' STATE OF FLORIDA COUNTY OF COLLIER Sworn t r affirmed) and subscribed before me this day of March , 201 by Kimberly Brandes (Name of person aking statement} (Print, type or stamp CommisO!5tdd Na Notary Public) XPersonally known Produced identification Type of identification produced SHRLUY QARM W)TARY P1iBUC sTATE of F :ORI D Comrr* OD00439 =171y, MIs� �iE✓� ina0�sti ;��"�it�ati"rxte.��.e�n#,�f v� „' ��ai�ir�nto�► -r 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 211 20TH ST SE NAPLES FL 34117, on March 15 1P 2012 , at 8 :05Am.. (Signature of Code orcement Official) Kimberly Brandes ' STATE OF FLORIDA COUNTY OF COLLIER Sworn t r affirmed) and subscribed before me this day of March , 201 by Kimberly Brandes (Name of person aking statement} (Print, type or stamp CommisO!5tdd Na Notary Public) XPersonally known Produced identification Type of identification produced SHRLUY QARM W)TARY P1iBUC sTATE of F :ORI D Comrr* OD00439 ARTICLE VI. -LITTER, WEED AND EXOTICS CONTROL4PTICO_CH54EN_ART... Page 4 of 12 ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this article. (Ord. No. 2005 -44, § 6) Sec. 54 -181. - Unauthorized accumulation of litter. 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 Sec. 54 -182. - Dumping or depositing of abandoned property prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of abandoned property on any public or private real property, street, or highway. However, abandoned property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of abandoned property, shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it is not visible from any public right(s) -of -way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. (Ord. No. 2005 -44, § 8) .......... . ...... ..... ............. ... ............_......___.._... - -- ---- ._._.._...— .— _...._.._.__.. - -- - ___..... ._ .......... .. ......... .____._. Sec. 54 -183. - Storage of titter. (a) All commercial establishments shall store litter in containers sous to eliminate wind- driven debris and litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an unlawful accumulation of litter and must be immediately cleaned up as it occurs. i (b) All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store litter. (c) Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. (d) Any and every person in possession, or in charge or in control of any place, public or private where litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and /or containers capable of holding such materials, until proper final disposal is accomplished. (e) All construction and demolition contractors, whether owners or agents, shall provide on -site receptacles for litter sufficient to prevent wind - driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an unlawful accumulation of litter and shall be immediately cleaned up as it occurs. (1) Should a violation of subsection (e) of this section occur, the construction /demolition contractor, whether owner or agent, will be required to secure a roll -off container with cover, for containment of construction debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. (Ord. No. 2005 -44, § 9) Sec. 54 -184. - Waste materials management. (a) Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. On -site containment of downed trees and other vegetative growth shall be permitted on residentially -zoned lots exceeding one acre in size and in the Estates zoned areas and httn : / /Iibrarv.municodc.com/HTML /10578 /level3/PTICO . CH54EN_A.RTVILIWE'-XCO.... 5/27/2011 ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL4PTIC0_CH54EN_ART... Page 5 of 12 only for vegetative growth which has been cut, cleared or removed on the same property of the permitted construction, providing all of the following conditions are met: (1) A valid building permit for construction of a single - family residence on the applicable lot has been obtained and is posted before removal and containment of such growth; and (2) The site plan shall identify the location of the containment area; and (3) The containment area is subject to the following restrictions: - a. The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than 10,000 square feet; and b. All such excavated earthen depressions containing downed trees and vegetative growth shall not be closer than 15 feet from the side and rear property lines or within a public or private easement or right -of -way; and C. The nearest point of such excavated earthen depression for containment of on -site downed trees and vegetative growth shall not be closer than 75 feet to any structure, 100 feet from private and /or potable wells, and no closer than 10D feet to any public or private right -of -way; and d. All downed trees and vegetative growth contained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than 24 inches above the surrounding natural elevation including earthen cover; and e. All cleared vegetation four inches and less in diameter shall either be chipped /shredded, or removed from the site. No chipped or shredded material shall be placed in the containment area. Stumps, root balls, tree trunks and other cleared vegetation four inches and larger in diameter may be placed in containment areas; and (4) No excavated material shall be removed from the site. (5) Failure to either remove downed trees or downed vegetative growth from residentially -zoned lots exceeding one acre in size, or estates zoned properties, or to properly contain such material as required by this article, shall result in such downed trees and /or downed vegetative growth being classified as litter and thereby subject to property owner, agent, and/or other responsible parties to any and all penalties provided under this article; and (6) Clearing within wetlands will require a department of environmental protection permit. (Ord. No. 2005 -44, § 10) _.... _... ...... _. ... . ... .... .... _......_..._ .__ ...... _.___._.._--- ..__._.__ ._...... Sec. 54 -185. - Declaration of public nuisance. (a) 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. (b) 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. (c) 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. (d) The accumulatioq -of Exotics is hereby prohibited and declared to be a public nuisance when located i upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius -o# -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. (e) The accumulation of Exotics, 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 such httn : / /Iibrary.municode.com/HTML /10578 /level3/PTICO_CH54EN ARTVILIVJEEXCO.... 5/27/2011 INSTR 4576853 OR 4693 PG 2942 RECORDED 6/21/2011 10:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $945.00 REC $18.50 CONS $135,000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: Aries Title, Inc. 720 Goodlette Road, N. Suite 304 Naples, Florida 34102 Property Appraisers Parcel Identification (Folio) Number. 393$ ]240004 Consideration: $135,000.00 SPACE ABOVE THIS LINE FOR RECORDING DAT. THIS WARRANTY DEED, made the i 4A day of June, 2011 by Grindstone Partners, LLC a Florida limited liability company , whose post office address is 4309 Crayton Road, Naples, FL 34103 herein called the grantor, to Steven J. Martarano, a Married Man whose post office address is 211 20 "i Street, S.E., Naples, FL 34117, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for Olaicbr t�m of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipIrvv�Yt'pf'i's here byRacic?t�ghereby grants, bargains, sells, aliens, remises, releases, conveys and confirm I u to tire grantee all that certal lard situate in COLLIER County, State of Florida, viz.: The North 180 feet of Tract 65, G @LDEN GXWFl F ES RTES} UNIT , a )subdivision according to the plat thereof as recorded in Pl�k Bop1 fk'5� d 411 s �gl7lier ounty, Florida. Subject to easements, restri res lorfs— reco --abt ,;xes for the year 2011 and thereafter. TOGETHER, with all the tenements, $f l ents sand a u ane 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. File No.: 1105003 * ** OR 4693 PG 2943 * ** Warranty Deed — Page 2 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: GRINDSTONE PARTNERS, LLC, a j Florid llLmited liability c p n��\ Witness #1 Signa e M r . Wise, Sol ember and Manager Printed Name #2 Signature �vc'e 4 #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was ac c Sole Member and Manager, on b personally known to me or hzs prod ?,,0..P SEAL My Commission Expires: -1-//J File No.: 1105003 2011 by Murray R. Wise, as ed liability company, who is cation. KNIGHT N f DD 843003 _ Va !d 11,201^ A/ Publics -- "' Printed Notary Name BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CENA20120003516 Steven J Martarano Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Steven J Martarano, 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 CENA20120003516 dated the 14th day of March, 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 July 26th, 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 $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing all litter to a site intended for a final disposal or store desired items within a completely enclosed structure within 60 days of this hearing or a fine of $100.00 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 of abatement shalibeasessed to the property owner. Respo d nt br Representative(sign) �O� iane Flagg, Director Code Enforcement Department , { -7 a // Respondent or Representative (print) Date _.?4",,_ E� Date REV 1/5/1 1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20120003516 Board of County Commissioners, Collier County, Florida Vs. Steven J Martarano Violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Patrick Baldwin , Code Enforcement Official Department Case No. CENA20120003516 DESCRIPTION OF VIOLATION: Construction Debris dumped on the 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. Removing all litter to a site intended for a final disposal or store desired items within a completely enclosed structure 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 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. Steven J. Martarano Inv. Patrick Baldwin Department Case No CENA20120003516 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 $0.00 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: CESD20120002439 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROGER & TAMMY MACAULEY, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required 110.1 LOCATION.OF VIOLATION: 6161 Spanish Oaks LN SERVED: ROGER & TAMMY MACAULEY, Respondent Michele Mcgonagle , Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACIOk Este audiencia sera conducida an at idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, par@ un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avefisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inlepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20120002439 Roger & Tammy Macauley, Respondent(s) STATEMENT OF VIOLATION AMID 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): Code of Laws and Ordinances, Chapter 130, Article III, Section 130- 96(a); 2007 Florida Building Code, Chapter 1, Section 110.1; Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and (B)(1)(e)(i) 2. Description of Violation: No CO obtained for garage conversion, CBS 3 car garage, Shingle re -roof. An 8x38 addition to a single family home, wooden fence, and three accessory structures Were added without permits. 3. Location/address where violation exists: 6161 Spanish Oaks Lane, Naples, FL 34119, Folio: 41933010003 4. Name and address of owner /person in charge of violation location: Roger & Tammy Macauley, 6161 Spanish Oaks Lane, Naples, FL 34119 5. Date violation first observed: February 16, 2012 6. Date owner /person in charge given Notice of Violation: February 24, 2012 7. Date on/by which violation to be corrected: March 24, 2012 8. Date of re- inspection: March 27, 2012 9. Results of Re- inspection: Violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th day of June, 2012 STATE OF FLORIDA COUNTY OF COLLIER t- Michele McGonagle 4%A114_ Code Enforcement Investigator SW21n to (or a ed) and subscribed before this 7`h day of June, 2012 by Yv' C'�'e_ .te— r ^ , / (Signa e of dtgy Public) (Print/Type /Stamp Commissioned Name of Notary blic) �HRLEY GARCIA Personally known X or produced identification NOTARY PUBLIC Type of identification produced _ STATE OF FLOE i `. Cnrnrn !�D0943go ,�E t9��' Expires 12/21/2( i D ti�G REV 1-4 -12 Case Number: CESD20120002439 Date: February 24, 2012 Investigator: Michele Mcgonagle Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MACAULEY, ROGER & TAMMY 6161 SPANISH OAKS LN NAPLES, FL 34119 - Location: 6161 Spanish Oaks LN Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 97 E112 OF TR 46 Folio: 41933010003 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: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter 130, Article III, Section 130 -96(a) Limitation on the parking, storage or use of recreational vehicles. No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a Residential District, or any location not approved for such use. Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 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 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) 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: No CO obtained for Garage conversion, CBS 3 car garage, or shingle re -roof. 8x38 addition to single family home.; wooden fence; and three accessory structures 8x8, 10x15, and 15x27; added without permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Obtain all required Collier County Building Permit(s) or Demolition Permit, .inspections, and Certificate of Completion /Occupancy for the garage conversion, CBS 3 car garage, re -roof, addition to house, 6 foot fence, and all three accessory structures. ON OR BEFORE: 03/24/2012 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 remains, and costs of prosecution. SERVED BY: Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phoney 239 252 -2440 FAX: 239 252 -2343 I Signature Ad Titl 'gf'qecipien #/) Printed Name of Recipient Date AFFIDAVIT OF SERVICE Code Case Number: CESD20120002439 Respondent(s): MACAULEY, ROGER & TAMMY THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Michele Mcgonagle , Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Roger Macauley at 6161 SPANISH OAKS LN, on February 24, 2012(Date), at 3:15(Time). (Signature of Code EnforcemiYnt Official) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or ffirmed) and u scribedpefore me this a ha day of and , 2012 by Michele Mcgonagle (Name of person making statement) 2 (Signature of Notary P b'c) tn r° : •' • • �� INDIRA RAJAH * MY COMMISSION # EE 126592 EXPIRES: December 7, 2015 °FFL°�\Oe Bonded Tk Budget Notary services (Print, type or stamp Commissioned Name of Notary Public) 'Personally known Produced identification Type of identification produced ARTICLE III. - PARKING, STORAGE AND USE OF VEHICLE CONTROL ORDINA... Page 2 of 4 2. Residential district: A residential zoning district as described in the Land Development Code to include: RSF -1, RSF -2, RSF -3, RSF -4, RSF -5, RSF -6, RMF -6, RMF -12, RMF -16, RT, VR and MH Zoning Districts as well as the single - family and multifamily residential components of Planned Unit Development (PUD) Zoning Districts. 3. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right -of -way line. Where double- frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. (Ord. No. 10 -26, § 4) Sec. 130 -95. - Limitations on parking, storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. (Ord. No. 10 -26, § 5) Sec. 130 -96. - Limitation on the parking, storage or use of recreational vehicles. , (a) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a Residential District, or any location not approved for such use. In Residential Districts permitting single - family homes or mobile homes, a Recreational Vehicle may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such Recreational Vehicle may be parked anywhere on residential premises, other than on county rights -of -way or right -of -way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and /or cleaning prior to or after a trip. For the purpose of this section, the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots, the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. (b) The following exceptions may be granted by the County Manager or his designee: (1) Recreational Vehicles may be parked only on a driveway located within the front yard and /or on a driveway located within the side yard of a single - family or mobile home residence other than on County rights -of -way or right -of -way easements for a period not to exceed 48 hours within any given 7 -day time period so long as a permit is obtained from the Collier County Code Enforcement Department. Said permit must be affixed to the Recreational Vehicle in such a way that the permit is visible from the street. Such permits shall be available on -line at the Collier County Code Enforcement Department website. (2) Recreational Vehicles may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and /or cleaning prior to or after .,,,,,,,or)(IP rnm/HTML /10578/leve13/PTICO CH130TRVE ARTIIIPASTUS... 5/18/2012 1 0.6, i - - E -Codes Chapter 1, Section 110 - CERTIFICATES OF OCCUPANCY AND COMPLETION SECTION 110 CERTIFICATES OF OCCUPANCY AND COMTLETION 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the. certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions. shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 110.4 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. nt %SCo cna�e. dll? pg= cutnbdrx &rp= d: ° /aSCwebcontenli... 4/20/2012 E -Codes rabuZ. vl� This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 110.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. License terms • Privacy policy Click here for copyright © information, r tf,n • //PCnd es. citation. com/c�,,i- exe /cpage. dll ?pg= cutnbdrx &rp =d: %5 Cwebcontent %5 Conli... 4/20/2012 10.02.00 - APPLICATION REQUIREMENTS 54 months Page 79 of 138 18 months —First Phase 30 months— Second Phase 42 months —Third Phase 54 months — Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB, Ord. No. 06 -63, § 3.SS; Ord. No. 07 -67, § 3.U; Ord. No. 08 -63, § 3.KK) 10.02.06 - Submittal Requirements for Permits l 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 (DR[), 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 DR] 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 DR] 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. '- 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. 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 1,++�- %/1;1,rar i m'nn; r-MP nnm/NTkff J13992./t evel2 /CHI OAPREDEKIPR 10.02.00APRE.htm1 5/18/2012 10.02.00 - APPLICATION REQUIREMENTS Page 80 of 138 code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit (s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, - altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off - street parking and off - street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures_ as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. httn• /IlilkrarNT mrnnir•.nr1P nnm/NTX9,11 ;992 /level2 /C T41 OAPREDEKIPR 10.02.00APRE.html 5/18/2012 10.02.00 - APPLICATION REQUIREMENTS Page 81 of 138 i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his'designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable -regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d• Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of 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. L 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 http:// llbrarv. municode. com/ HTML /13992/level2 /CHlOAPREDEKIPR 10.02.00APRE.htm1 5/18/2012 INSTR 4360189 OR 4507 PG 1122 RECORDED 11/6/2009 1:12 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $1,505.00 REC $18.50 CONS $215,000.00 Recording requested by: When recorded, mail to: Name: Address: (ltcl LX-, City: (1 qA�J State /Zip: pt, a1- klck r� Property Tax Parcel/Account This Quitclaim Deed is made Space above reserved for use by Recorder's Office Document prepared by: Name Oa M) J Hann r CD \lo\ Sc�ox, 'an CY�S l r\ Cla -alsJ . �1.. 5-111a1 II, , City of • .. For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs and assigns, to have and hold forever, located at (•1141 5ee,,,-; L5, ook5 LrkrSa. �-r , City of Clt /n „�� , State of Lcrtdo l 1rn E SF f 2.. ii i0 C-ML"t E ¢4c� \ �h� k on t ALcold:ry "Cord-ad in P\e�- Cock i t ¢z CLS 0-ra Rtp PuSo1zL �) Y2 c or cis o(— L° mkv er �' o�. c•l y 1 Pla�ido�_ Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any. Taxes for the tax year of Z60 shall be prorated between the Grantor and Grantee as of the date of recording of this deed. *NOVAQuitdaim Deed Pg.l (Ot-0M * ** OR 4507 PG 1123 * ** Dated: rouernhtd �r �7COq of Grantor Name of Grantor Sr re of Witness #1 Signature of Witness e State of f— l p-i co("Gt a Prin ,,°,u of Witness #I j � Ga� pe Fez I t14 ZMm of Witness #2 \- County of 1 On nc5w. b aw r e personally came before me and, being duly, did move that he /she is the person described in the above document and that he /she signed the above document in my presence. a� Jk�L Notary Signature Notary Public, { In and for the County of (`� I I�X State of 0I'—l' My commission expires: (� (I i Seal APRIL K YICHIE 4�t < Notary Public state of Florida Send all tax statements to Grantee. eommissiw, DD733940 My comm. expires Nov. 13, 2411 'NOVA Quitclaim Deed Pg.2 (01-M BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120002439 Roger&Tammy Macauley Respondent(s), • STIPULATION/AGREEMENT COMES NOW, the undersigned,j ct�r P1'�o', 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 CESD20120002439 dated the 24th day of February, 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 forll20 'L; 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. No CO obtained for garage conversion, CBS 3 car garage, or shingle re-roof. An 8x38 addition to a single family home, a wooden fence, and three accessory structures were added without permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ i 17:1 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 ISO days of this hearing or a fine of$ ;;ISD per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ` Respondent or Representative (sign) Dia a Flagg, Direct r ;)1/4/ Code Enforcement Department I �Ie 4,9 2 (� / z Respondent or Representative (print) ate % i .), Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120002439 Board of County Commissioners, Collier County, Florida Vs. Roger& Tammy Macauley Violation of Ordinance/Section(s) code of Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a); 2007 Florida Building Code, Chapter 1, Section 110.1; Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and (B)(1)(e)(i) Michele McGonagle, Code Enforcement Official Department Case No. CESD20120002439 DESCRIPTION OF VIOLATION: No CO obtained for garage conversion, CBS 3 car garage, or shingle re-roof and an 8x38 addition to single family home, a wooden fence, and three accessory structures were added without 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 n Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Roger & Tammy Macauley Inv. Michele McGonagle Department Case No CESD20120002439 I INVESTIGATIONS I Hours Per Hour Total I $0.001 I FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total I 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 I $13.721 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 I $81.721 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 I $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 I so.00I lOF Total 1 $0.001 Total Operational Costs $81.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20110006426 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: 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 33131 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, 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): Collier County Land Development Code, 04 -41 as amended, Sections 5.06.11(A)(1) and 5.06.07(A) Location: 50 Wilson Blvd. Naples, FL 34117 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 July 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 — July 26, 2012 (159 days) for the total of $15,900.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $15,980.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CES20 1 1 0006426 vs. 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. 1 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 5.06.1 ](A)(]) 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 Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,'day of.QYI , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth_Kelk3; 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 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 D' riv'er's License as identification. .., KRISTINE TWENTE � NOTARY PUBLIC Notary Public - State of Florida ;. • My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 OF 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 C < , �^ 52012. M. Jean Dawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 i�{jttA (239) 263 -8206 :curt/ of COLLIER s H ERE!.IY ERTI FY: THAT t41s Is a t-~U8 afto req- Copy Qt �x ttrt7E$!91 on fi18 in nano a a Official seat 4hIs S c9 G' y €zt .-Q ( C)-, n` �, /E R 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 �W_ 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 a re- 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 �', FLORIDA CODE ENFORVMENT 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) oiu`oo i arsogoitxvuv.n ",Eltaaaxog ai.OZ 0� �i�ifl_ :saatdx7, Uotssruzu!o ' - 59LS00'3� #• 3 (Print /Type /Stamp Commissioned Name of Notary Public) Gulle.-O . F'.,9H� Vm2I0,U AO'dLN,L;-DI.911d 7, i ,L0K Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006940 COLLIER COUNTY, FLORIDA, Plaintiff, vs MICHAEL & AMY FACUNDO, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required22- 26(b)(106.1.2) LOCATION OF VIOLATION: 318 Washington AVE Immokalee, FL SERVED: MICHAEL & AMY FACUNDO, 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 eI 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. For favor traiga su propio traductor. Jul -15 -12 21:23 Ben Starlinq„ III July 15, 20] 2 Dear Code Enforcement Board, I, Michael Facundo, owner of 318 Washington Avenue and the responsible person for the home construction in progress, is requesting for 180 day extension. All About Drafting did not fulfill its obligation in finishing the plans. I have contracted with another drafter who will complete my plans in approximately 3 weeks from the date referenced above. In the mean time I have found another General Contractor who will complete the construction of my home upon drawings completed. Graciously, I am seeking the Board's approval of the extension referenced above, and wavier of the any fines. Respectfully, Michael Facundo P.02 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100006940 Board of County Commissioners vs. Michael & Amy Facundo, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, Adoption & Amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) Location: 318 Washington Avenue Immokalee, FL 34142 Folio 4 63860280007 Description: Expired Collier County Building permits 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 247, for more information. An Extension of Time was granted on November 18, 2011 See the attached Order of the Board, OR 4744 PAGE 1093, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 26, 2012. The Fines and Costs to date are described as the following: Order Item 91 & 4 Fines at a rate of $200.00 per day for the period between June 19, 2012 — July 26, 2012 (38 days) for the total of $7,600.00. Fines continue to accrue. Order Item 9 8 Operational Costs of $81.15 have been paid Total Amount to date: $7,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100006940 vs. INSTR 4635236 OR 4744 PG 1093 MICHAEL AND AMY FACLIvTDO, RECORDED 12/8/2011 3:29 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondents COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for seven (7) months (June 18, 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 .may day of k� C J - , 2011 at Collier County, Florida. .'emu n ry of CO LLI ER i H ERE`3Y wE.RTIFY THAT this is a +>' Ue 3no Kesrrect : pF` `d c l -kent on file in Boars �� i',' t�Lws- r�t�f�:E 2C i of.-Co'vIler County ;� n��,'3 a L el ff'tiS EkX OF COURTS C 'S.r CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth-K-efl , au 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,;W day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is --- personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public - State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 20t5 My commission expires: ;rF o�. Commission # EE 87272 % " Bondcd 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 Michael and Amy Facundo, 318 Washington Avenue, Immokalee, FL 34142 this �3;'�day of I� 2011. M. Jean gR wson, 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, CASE NO.: CESD20100006940 vs. INSTR 4501468 OR 4629 PG 247 RECORDED 12/2/2010 2:59 PM PAGES 3 MICHAEL AND AMY FACUNDO, DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT Respondents 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 Michael and Amy Facundo 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 Tyler Construction, their representative, 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 318 Washington Avenue, Immokalee, FL 34142, Folio 63860280007, more particularly described as Lot 12, Block 32, of NEWMARKET SUBDIVISION, according to the plat thereof, recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) in the following particulars: Expired 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, Buildings and Building Regulations, Article II, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) be corrected in the following manner: 1. By re- applying for and obtaining a Collier County building permit within 180 days (May 13, 2011). 2. By obtaining all required inspections and certificate of completion within 185 days of the issuance of the permits. 3. That the Respondent shall report to the CEB at the January 2011 meeting as to the progress. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 13, 2011, then there will be a fine of $200 per day for each day until the violation is abated. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 185 days of the issuance of the permits, then there will be a fine of $200 per day for each day until the violation is abated. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 7. 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. 8. 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 �q day of , 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI7111"T FLORIDA BY: Kennet T-K-el , 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I"f day of � I C, c -, A i �> 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. . 01PFV PAN KRISTINE 1-101 TON °* My COMMISSION 11 bD 68S5S5 EY,PIRES: June 18, 2011 �A Bonded Thru Notary Public Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER ha�,been sent by U. S. Mail to Michael and Amy Facundo, 318 Washington Avenue, Immokalee, FL 34142 this ZZ' day of N 2010. SLas t U r#tUrii K .: ounty of COLUER i HERER?Y CERTIFY THAT.;;.f�� is,ia tw'SW .orrect copy or a aocum.�ht.0 €1.18 "i" Slnard Minutes and Redercts,O� Col$esr Cou* 'T E.SS my ano and' 1caki. t this A, or e - t, o WIGHT E. SRQt�4;'CLE�aQF COUR y ` M. J awson, 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 Petitioner, vs. CaseNo.CESD20100006940 Michael Facundo & Amy Facundo Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Michael Facundo & Amy Facundo, on behalf of himself or 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 CESD20100006940 dated the 18th day of May, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 18th 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must re -apply for and obtain a Collier County Building Permit within 180 days of this hearing or a fine of $200.00 per day will be imposed and request required inspection to, be performed and passed thru a certificate of completion /occupancy within • -1�� %, days &f44iss or a fine of $200.00 per day will be imposed.4 -�rvm dXk. of �ma- issvanc.� 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 Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. r. �i ,I P l . Al Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department ` //:? Respondent or Representative (print) 'Date Date LJ `( REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FACUNDO, MICHAEL AMY FACUNDO, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER " CEB CASE NO. CESD20100006940 BEFORE ME, the undersigned authority, personally appeared Weldon J Walker Jr., 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 ordered to re -apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200 /day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or $200 /day 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 4629PG 247. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 6/18/2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to re -apply for and obtain a Collier County building permit within 180 days (May 1), 2011) or $200 /day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or $200 /day and pay operational cost of $81.15 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 18th day of June, 2012. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or (Signature of Notary Public) COLLIER COUNTY, FLORIDA Weldon J Walker Code Enforcemei! before me this 18th day of (Print/Type /Stamp Commissioned Name Personally known � otary 2012 by Weldon J Walker Jr. NOTARY P-,7SIC- 'T.kTE nF mo -RiDA ,.Maria io Rc04 Coirntission # EE EB04956 566 E;i li rs: J1di.16, 2015 BONDED THRU ATLANTIC BONDING CO.,INO. l CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100021657 COLLIER COUNTY, FLORIDA, Plaintiff, M FIFTH THIRD MORTGAGE COMPANY, Respondent(s) CORPORATION SERVICE COMPANY, 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: 07/26/2012 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: 3420 Caloosa ST Naples, FL SERVED: FIFTH THIRD MORTGAGE COMPANY, Respondent CORPORATION SERVICE COMPANY, Registered Agent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100021657 Board of County Commissioners vs. Fifth Third Mortgage Company, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article Il, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4); Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 3420 Caloosa Street Naples, FL 34112 Folio # 74412600008 Description: Permit 2009100320 expired and has been cancelled leaving additions/ alterations on residence unpermitted and incomplete. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4690 PAGE 258, for more information. The property is in compliance with the Code Enforcement Board Orders as of June 22, 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 September 24, 2011 — June 22, 2012 (273 days) for the total of $54,600.00. Order Item # 5 Operational Costs of $84.01 have been paid Total Amount to date: $54,600.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. INSTR 4572286 OR 4690 PG 258 RECORDED 6/812011 1:21 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, vs. FIFTH THIRD MORTGAGE COMPANY, Respondent CESD20100021657 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26, 2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Fifth Third Mortgage Company is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3420 Caloosa Street, Naples, Florida 34112, Folio 74412600008, more particularly described as Lot 15, Block D, SOUTH TAMIAMI HEIGHTS, according to the Plat thereof, as recorded in Plat Book 3, Page 44, in the Public Records of Collier County, Florida is in violation of the Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4); Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) in the following particulars: Permit 2009100320 expired and has been cancelled leaving additions /alterations on residence unpermitted and incomplete. 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 the Collier County Code of Laws, Chapter 22, Article 11, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4); Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County.Building permits, inspections, certificate of occupancy /completion for all unpermitted improvements to the structure or by obtaining a demolition permit and removing all unpermitted improvements and restoring to a permitted state within 120 days (September 23, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 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 $84.01within 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 �)''pday of 2011 at Collier County, Florida. t CODE ENFORCEMENT BOARD COLLIER COUNTY BY: Ken�I�.elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2 day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is <� ersonall known to me or who ha produced a Florida Driver's License as identification. ,yY KRISTINE TWENTE Notary Public -State of Florida NOTARY PUBLIC •; 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 Fifth Third Mortgage Company, 505 Kingsley Drive, MD 1MOC20, Cincinnati, Ohio 45265, Corporation Service Company, RA, 1201 Hays Street, Tallahassee, Florida 32301this a'day of 2011. M. Jean wson, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FIFTH THIRD MORTGAGE COMPANY, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20100021657 BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 26, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR BooA&PGi�2, et. seq. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on [6/22/2012]. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Permit 2009100320 for additions /alterations has been reissued with permit number PRBD20120305019 and has been finaled and issued COED]. FURTHER AFFIANT SAYETH NOT. DATED this [] day of [], 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Michelle Scavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this `;,)?-day of . J ( I 2012 by Michelle Scavone Si nature of Public) �' ( $ �' Pbli ) '� NOTARY Pi BL; C-:)7':1; E OF FLORIDA i-ofl;wn Crawley =Cem.-n:ss;o_' # EE129317 (Print/Type /Stamp Commissioned Name of Notary Public) `., Expire::: _7 i7 E 07, 2014 BMW TH3 .;TLADT`C >i : 'il 2G Co., INC. Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs Carlos Rego Rivers, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20110009946 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: 07/26/2012 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: 2117 45th TER SW SERVED: Carlos Rego Rivers, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION T04 -8800: ASSISTED LISTENING CONTACT THE COLLIER COUNTY THE HEARING IMPAIRED ARELAVAILABLE IN THE COUNTY COMMISSIONERS 'OFFICE EAST TAMIAMI TRAIL, NAPLES FLORIDA NOTIFICACION: Esta 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, pare 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. CESD20110009946 Board of County Commissioners vs. Carlos Rivers, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41, as amended, Section 10.02.06(B)(1)(a) Location: 2117 45th Terrace Naples, FL 34116 Folio #35743160007 Description: Additions made to the rear of the structure without 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 1099, for more information. An Extension of Time was granted on March 22, 2012. See the attached Order of the Board, OR 4784 PAGE 1835, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 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 June 21, 2012 - July 26, 2012 (36 days) for the total of $3,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $79.72 have been paid Total Amount to date: $3,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 1 1 0009946 VS. INSTR 4679373 OR 4784 PG 1835 CARLOS RIVERS; RECORDED 4/11/2012 3:51 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA / REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 22, 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 Respondents are granted an Extension of time for 90 days (June 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 I � day of -LQ � 2012 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA :auntyofCOLLIER Kenne e y, Chair a' 2800 North Horseshoe Drive 1 HEREBY CERTIFY THAT Naples, Florida 34104 ;arrect copy of a aocument On fIIB`, 3oard Minutes and Recoras dt C.01- 1lex „Coal! s rev ha fE” •da : 1 figs ay of 4 15 RM ?NNI T E. 8 0.6K, CLERK OF ou'; STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `" I day of 1 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. INETWENTE � 1 1�Q Lt✓`� P(i`Cwi Notary Public State of Florida NOTARY PUBLIC k My Comm. Expires Jun 18, 2015 ;N9* Commission # EE 87272 My commission expires: �.FOF. Bonded Through National Notary Assn. ri `` CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlos Rivers, 2117 45d Terrace S.W., Naples, FL 34116 this L{�' ay ofC' 012. M. Jeari awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 700 Eleventh Street S., Ste. 102 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CARLOS RIVERS, Respondent CESD20110009946 INSTR 4635239 OR 4744 PG 1099 RECORDED 12/8/2011 3:29 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Carlos Rivers 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 2117 45th Terrace, Naples, FL, Folio 35743160007, more particularly described as the Lot 13, Block 19, GOLDEN GATE ESTATES, Unit No. 2, a subdivision, according to the plat thereof, as recorded in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10..02.06(B)(1)(a) in the following particulars: Additions made to the rear of the structure without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or 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 $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 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 =day of , ;,J . , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C - TY —Eb DA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Uo The foregoing instrument was acknowledged before me this 22 day of Q�1,\)�� 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. `•tiPpY PUB,, KRISTINE TWENTE NOTARY PUBLIC Notary Public - State of Florida My commission expires: • "c My Comm. Expires Jun 18. 2015 :�'�, • °e Commission # EE 6ja CERTIFICATE OF SERVICE Bontle� Tr,.,.; ".. a��ra� Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlos Rivers, 2117 45`}' Terrace S.W., Naples, FL 34116 thisg __-3 ay of tw ?L; . ) , 2011. M. Jean .Dawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Stat-v at F tr;R(UA Naples, Florida 34013 ouRry of COLLIE (239) 263 -8206 1 H EREBY CERTIFFY THAT thl s is a true a oorrect copy of.-.a (iddu ent on file (er Boars cif Cot -Her County fT �. rv�v e aW official seal thft �VIC r E 'E 10GK, 6,EERtbFFCCt�i.1E BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110009946 Carlos Rivers Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Carlos Rivers, 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 CESD20110009946 dated the 2nd day of August, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 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. The violations are of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), and described as additions made to the rear of the structure without permits. 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 all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within 12- ® days of this hearing or a fine of $ f ®d per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 . hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Respondent or Representative (print) //— /F- (-Po(/ Date /J nleOFlagg, Director Code Enforcement Depa mefit ( / /d // date " REV $/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Rego Rivers, Carlos, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110009946 BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 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 violation by obtaining all Collier County building or demoliton permits and requesting all required inspections through to issuance of certificate of completion/occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4744 PG 1099. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on June 21st, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permit PRBD20 1 1 1 1 06762 has been issued for the addtions but has not completed required inspections. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of June, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Gl Joe Mucht/ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER tl T�j (or affirm , and subs 'bed before me thi� day ofJM�—" 201 2 by Joe Mucha. (Signature of Notary Public) (I NOTARY PUBLIC -STATE OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) Colleen Crawley Commission # EE129317 Expires: JUN E 07, 2014 Personally known BONDFID THRU ATLANTIC BONDING CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEAU20110000498 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MATTHEW ARSENAULT & CHRISTINA ARSENAULT, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Fence - Building Permit FBC105.1[B] LOCATION OF VIOLATION: 105 6th ST SE Naples, FL SERVED: Matthew Arsenault & Christina Arsenault, 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 -BBOO; 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 Vaductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEAU20110000498 Board of County Commissioners vs. Matthew Arsenault & Christina Arsenault, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 Location: 105 6th Street S.E. Naples, FL 34117 Folio # 37226440006 Description: White fence surrounding the property and a brown wooden fence next to the principle structure 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 660, for more information. The property is in compliance with the Code Enforcement Board Orders as of March 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between March 21, 2012 — March 28, 2012 (8 days) for the total of $800.00 Order Item # 5 Operational Costs of $80.29 have been paid Total Amount to date: $800.00 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. MATTHEW ARSENAULT AND CHRISTINA ARSENAULT, Respondents OF, 4-ILOL CEAU20110000498 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 Matthew and Christina Arsenault are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 105 6' Street S.E., Naples, FL, Folio 37226440006, more particularly described as the East 180' of Tract 92, GOLDEN GATE ESTATES, UNIT NO. 13, according to the map or plat thereof, as recorded in Plat Book 7, Pages 71 and 72 of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1in the following particulars: White fence surrounding the property and a brown wooden fence neat to the principle structure. 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 Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 60 days (March 20, 2012) 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by March 20, 2012, then there will be a fine of $100 per day for each day until the violation is abated. ♦ - • 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation 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 Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of i 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA—_ BY: Kenneth X113 -, Cliau 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �– The foregoing instrument was acknowledged before me this ; ) 1 day of R h 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. I KRISTINE TWENTE t►� P�: NOTARY PUBLIC Notary Public -State of Florida • ; " • My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 °;n Bonded Through National Notary Assn. RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Matthew Arsenault and Christina Arsenault, 105 6u` Street S.E., Naples, FL 34117 this ; S O day of/ , 2012. M. JeanwRawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 ti 'O ;R 4iF, Naples, Florida 34013 Qurity rri COLLIE (239) 263 -8206 1 !-;!EREc, :P1ERTi�` _' �i,aT this is a f va ansc p:i� 5rE li� file i bpy `i Rt nk E3oGf 0 :!u ?4 E`e S a.n �4 p 'c6piS of `oPier County hano C phid3l, seal this ID WIG p 3R0, ,K,i,, ' C. 1LGRK . OF COUR TS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Matthew and Christina Arsenault, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEAU20110000498 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 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 b to all vi 1 ti as stated in the Order recorded in the public records of Collier County, Florida in OR Bool(pG et. seq. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on March 28th, 2012. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by The fence permit was COED. 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 to (or a ed) and subscribed before me this 29th X') auA � � � (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 :Commission # EE129317 Expires: JUNE 07, 2014 BONDED TBRD ATLANTIC BONDING CO., INC, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs KIMBERLY M FRY, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20110003169 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: 07/26/2012 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: 6025 English Oaks LN Naples, FL SERVED: KIMBERLY M FRY, Respondent Michele Mcgonagle , Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an eI 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. CESD20110003169 Board of County Commissioners vs. Kimberly M. Fry, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) Location: 6025 English Oaks Lane Naples, FL 34119 Folio # 41883680004 Description: Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits. Past Order(s): On June 23, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4698 PAGE 1356, for more information. An Extension of Time was granted on February 23, 2012. See the attached Order of the Board, OR 4772 PAGE 1293, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 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 June 23, 2012 — July 26, 2012 (34 days) for the total of $6,800.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have been paid Total Amount to date: $6,800.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KIMBERLY M. FRY, Respondent INSTR 4666305 OR 4772 PG 1293 RECORDED 3/8/2012 12:03 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CESD20110003169 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 23, 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 120 days (June 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 ;day of 2012 at Collier County, Florida. AM cat ru ai I DA H EREBY CERTIEY:.THA M9 It a tall ct, =Dy af.3 OOVUTedt on file. in �- -d 9jnutes and:ROCO.raS of Comer Cow R= :v o� a o C. this GHT E. BROCA, CLERK OF COURTS CODE ENFORCEMENT BOARD STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this--Tj day of 2012, by Robert Kaufman, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. CHRISTINALURBANOWSI4 FTARY PUBLIC MY COMMISSION #EE 142130 commission expires: EXPIRES: Novamber 22, 2015 Bonded Thru Not2rg Public Undenaflem CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD�as been nt by U. S. Mail to Kimberly M. Fry, 6025 English Oaks Lane, Naples, FL 34119 thi �-C day of � Yr— , 2012. 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. CESD20110003169 KIMBERLY M. FRY, INSTR 4582316 OR 4698 PG 1356 RECORDED 7/6/2011 9:16 AM PAGES 3 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT p / COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 23, 2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Kimberly M. Fry is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6025 English Oaks Lane, Naples, Florida, Folio 41883680004, more particularly described as the East 75 feet of the West 150 feet of Tract 61, GOLDEN GATE ESTATES, Unit No. 96, according to the Plat thereof, as recorded in Plat Book 7, Page 94 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), 10.02.06(B)(1)(e) and I0.02.06(B)(1)(e)(i) in the following particulars: Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 180 days (December 20, 2011). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 21, 2011, then there will be a fine of $200.00 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 $80.57 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 al day of , 2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,;�� day of ti Y�y 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 .fky PQ&",, Notary PubliC - State of Florida o �. My Comm. Expires Jun 18, 2015 �?: Commission # EE 87272 '••';O ;; 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 Kimberly M. Fry, 6025 English Oaks Lane, Naples, FL 34119 this , = > i `day of 2011. M. Jeap awson, Esq. Florid�Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 �Ounry of COLLIER (239) 263 -8206 1 HERBY CERTIFY THAT,*t8,13 a tna a0 ;orract copy of a clocumedt on yard is int#tes and f ►as.at [TNE. S my dalrytt tN 0 1 , S41-kmy pt ovum BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Kimberly M. Fry Petitioner, Respondent(s), STIPULATION /AGREEMENT Case No. CESD20110003169 COMES NOW, the undersigned, Kimberly M. Fry on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110003169 dated the 11th day of March, 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 ,)Ltc L Q�1) , Q -o i1 ; 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. Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ �O _'�'1 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion withirfN days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. ", t i 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. ,-� '-Re pondent or epresentativ (sign) Diane Flagg, Director Respondent J r Representative (print) Date Code Enforcement Department Date REV 1/5/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FRY, KIMBERLY M, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110003169 BEFORE ME, the undersigned authority, personally appeared Michele Mcgonagle, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4772 PG 1293. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on June 25, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Did not demolish or obtain permit for improvements FURTHER AFFIANT SAYETH NOT. DATED this 17th day of July, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD m5a� t*," Michele Mcgonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER t7 to (or affi d) and sub cribed before me this /14 day ofl"Tu � 2012 by Michele Mcgonagle igna ure of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � NOTARY PUBLIC -STATE OF FLORIDA s• : ^I?e :.> rawley C u rsstiic;1 4= EE129317 v,VE 07, 2014 BONDED THRU ATLANnC BONDING CO.,INC. mimoer/y M. Fry 6025 English Oaks Ln Naples, FL 34119 239-404-1596 July 17, 2012 Collier County Board of Commissioners Collier County, Florida, Plaintiff Vs. Kimberly M Fry Ref: Case#: CESD20110003169 6025 English Oaks Ln, Naples Fl 34119 Dear Collier County Board of County Commisioners: To Whom It May Concern: I originally had a General Contractor Carey Meyers with A_Team Builders who was suppose to do the modifications required to be in compliance. He has abandoned me in the process of trying to find out specifically what is required. He has not returned my phone calls since Oct. I also tried to hire 2 other contractors Don Deflavis and a personal friend who had insurance/license issues and was not able to help me. I have had serjous health issues and under Drs. care for Epstien Barr Virus, Cytomegliovirus, Cronic fatigue and depression as a result of this and other circumstances in my life. I have had 2 deaths in my family in the past 4 months. I have made every attempt to bring the violation into compliance and was held up by the code enforcement and building departments of collier county. I have gone to the extent of hiring an engineer who had given me remedy options that would cost more than $3000.00. When presented to the building department they informed me that I need further additional work which was not mentioned by the engineer. The cost thus far has exceeded $12,000. I am financially depleted and am not able Financially to continue any further expenses to bring the house into compliance. I have been served "notice of default"on my mortgage by the mortgage holder. They will begin forclosure on my home as soon as I respond to their letter which I received On July 6th and have 30 days to respond. I am assuming they will win the forclosure and I will be without a home. I have hired an attorney, Patrick White tp help me find clarification on what is actually being required of me at the cost of$1700. that was a waste of my money. I have personally removed all appliances and kitchen cabinets in an effort to try to comply to some degree. I purchase the home in the condition it is in and feel this is an unfair situation and expense to me. In light of the circumstances the best I well be able to do is advise the mortgage holder upon forclosure. ' I` mber y M. F CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100008561 COLLIER COUNTY, FLORIDA, Plaintiff, vs JOSSE L PEREZ & ISABEL PEREZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/26/2012 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: 110 Wilson BLVD S Naples, FL SERVED: JOSSE L PERE &ISABEL PEREZ, 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 an at idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100008561 Board of County Commissioners vs. Josse L. Perez & Isabel Perez, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41, as amended, Sections 10.02.06(B)(1)(a) Location: 110 Wilson Blvd. S. Naples, FL 34117 Folio 4 37221090008 Description: No Collier County permits obtained or inspection and a Certificate of Completion for the pool and pool screen cage enclosure. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1289, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 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 June 23, 2012 — July 26, 2012 (34 days) for the total of $5,100.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid Total Amount to date: $5,180.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20100008561 JOSSE L. (A/K/A JOSE M. PEREZ) AND INSTR 4666303 OR 4772 PG 1289 ISABEL PEREZ RECORDED 3/8/2012 12:03 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondents COLLIER COUNTY FLORIDA / REC $18.50 INDX $1.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23, 2012, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Josse L. (a/k/a Jose M. Perez) and Isabel Perez 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. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 110 Wilson Blvd. S., Naples, FL, Folio 37221090008, more particularly described as the South 165 feet of Tract 161, GOLDEN GATE ESTATES, UNIT NO. 13, according to the map or plat thereof, as recorded in Plat Book 7, Pages 72 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a)in the following particulars: No Collier County permits obtained or inspection and a Certificate of Completion for the pool and pool screen cage enclosure. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (June 22, 2012) 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 22, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this � day of 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD P11, t 'Kafifin n, ice Chair Nora eshoe Drive Naples; 06rida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of�7 • , 2012, by Robert Kaufman, Vice Chair ofthe Code Enforcement Board of Collier County; Fi b i ad—,—Wh is personally known to me or who has produced a Florida Driver's License as identi ,cation. `'W 'Py4� CHRISTINA L URBANOWSKI NOTARY PUBLIC MY COMMISSION # EE 142130 My commission expires: EXPIRES: Novamber 22, 2015 og Bonded Thru NOXY Pubhb Underwf ters ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent �y U. S. Mail to Josse L. ( a se M. Perez) and Isabel Perez, 110 Wilson Blvd. S., Naples, FL 34117 this,, ay of 2012. 'M. Jean Rg3Vson, Esq. loridaBarNo.750311 x2375 North Tamiami Trail, Ste. 208 S-taf>M 01 U.��X Naples, Florida 34013 :AaRtY O. GQl.L1� (239) 263 -8206 i HEREBY C RT3f'1 THAT this 13 ® 04 .OPCWPTIBt�t on In 3aar�:~Nlinutes P t, Re�At : At�t Eft s (3a)f:OT= n -r �vT GURX OF 00URn 4A js� low COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. PEREZ, JOSSE L & ISABEL, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20100008561 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 February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permits , inspections and a Certificate of Completion /Occupancy within 120 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4772 PG 1289 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 6/25/2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No Collier County Building Permits were obtained and completed. FURTHER AFFIANT SAYETH NOT. DATED this 1 st day of July, 2012. COLbIER\COUNTY, FLORIDA "CODE ENFORCEMENT BOARD Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 1/7 Sworn to (o7ain-ned) and subscribed before mef this c,' day of d/ _ 2012 by Christopher Ambach (Signature ofNotar'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � NOTARY Pt'BLI FLORIDA rr't D 92 61 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110010712 COLLIER COUNTY, FLORIDA, Plaintiff, vs MANUEL OLVERA, 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: 07/26/2012 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: 1823 43rd ST SW SERVED: MANUEL OLVERA, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU 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. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110010712 Board of County Commissioners vs. Manuel Olvera, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41, as amended, Section 10.02.06(B)(1)(a) Location: 182343 d Street S.W. Naples, FL 34116 Folio #35765240002 Description: Permit 2007090908 for re -roof that was cancelled without completing all inspections and conversion of a garage to living space without permits. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1310, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 26, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $250.00 per day for the period between June 23, 2012 — July 26, 2012 (34 days) for the total of $8,500.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have not been paid Total Amount to date: $8,580.29 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20110010712 vs. INSTR 4666313 OR 4772 PG 1310 MANUEL OLVERA, RECORDED 3/8/2012 12:03 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 February 23, 2012, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Manuel Olvera is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1823 43`d Street S.W., Naples, FL, Folio 35765240002, more particularly described as Lot 19, Block 45, GOLDEN GATE ESTATES, UNIT NO. 2, according to the map or plat thereof, as recorded in Plat Book 5, Pages 65 through 77 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a)in the following particulars: Permit 2007090908 for re -roof that was cancelled without completing all inspections and conversion of a garage to living space without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (June 22, 2012) 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 22, 2012, then there will be a fine of $250 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,_�- day of 2012 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD The foregoing instrument was acknowledged before me this day of v� 2012, by Robert Kaufman, Vice Chair of-the Code Enforcement Board of Collier Count , lori a, ho is personally known to me or who has produced a Florida Driver's License as identification .o;g s' "Fa . CHRISTINA L URBANOWSb NOTARY PUBLIC MY COMMISSION # EE 142130 • EXPIRES: November 22, 2015 My commission expires: 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 Manuel Olvera, 1823 43`d Street S.W., Naples, FL 34116 this day of� 2012. M. Jean Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 Stow .° ± K' `�izn n 9) 263 -8206 i HE tEFMF,YTHAT Ns Is s ,aired covly '0 ,a okoment on fife In Board M'jnut Odcorcas of Co�Mler County t�}�5 my a AL 1: ' l i this ' 4 C iMGi04E. H G , CLERK OF COMS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. OLVERA, MANUEL, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110010712 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all Collier County building and/or demoliton permits; inspections; and certificates of completion/occupancy within 120 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4772 PG 1310. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on June 25th, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No permits have been obtained. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of June, 2012. STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and ignature of Notary Public) (Print/Type /Stamp Commissioned Personally known � COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe Much&,/ Code Enforcement Official 6 before me this day 2012 by Joe Mucha of Notary Public) .NOTARypUBLTC -STATE nr F7,OPJDA C011ee_rl i r'8F4'1ey `Comrnission # E.E129317 solve Expires: Jt;'ltiE 07, 2014 FbD TILR V ATLANTI C BONDING CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120003258 COLLIER COUNTY, FLORIDA, Plaintiff, vs. INTEGRITY FIRST CR SERVICES, Respondent(s) Leandro Feliz, 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: 07/26/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION: 2221 Golden Gate BLVD W SERVED: INTEGRITY FIRST CR SERVICES, Respondent Leandro Feliz, Registered Agent 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 propic traductor, para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120003258 Board of County Commissioners vs. Integrity First CR Services, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41, as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 4, Section 424.2.17 Location: 2221 Golden Gate Blvd. W. Naples, FL 34117 Folio # 36912040009 Description: Expired pool permit and no protective barrier around the pool. Past Order(s): On May 24, 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 4806 PAGE 3379, for more information. The property is not in compliance with the Code Enforcement Board Orders as of July 26, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $500.00 per day for the period between June 9, 2012 — July 26, 2012 (48 days) for the total of $24,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid Total Amount to date: $24,081.15 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20120003258 vs, INSTR 4705564 OR 4806 PG 3379 INTEGRITY FIRST CR SERVICES, RECORDED 6/13/2012 9:21 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent 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 May 24, 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 Integrity First CR Services is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2221 Golden Gate Blvd. W, Naples, Florida 34117, Folio 36912040009, more particularly described as GOLDEN GATE ESTATES, UNIT 7 E, 150 FT of TR 32 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) and 2007 Florida Building Code, Chapter 4, Section 424.2.17 in the following particulars: Expired pool permit and no protective barrier around the 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 Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections I O.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 4, Section 424.2.17 be corrected in the following manner: 1 By obtaining all required Collier County Building Permits through required inspection and certificate of completion/occupancy within 15 days (June 8, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 8, 2012, then there will be a fine of $500 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 $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. i DONE AND ORDERED this f S ` day of + 2012 at Collier C Florida. o�ITy' u' CODE ENFORCEMENT BOARD CO IEI� UNq'Y, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 2800 N Naples, 34104 Drive The foregoing instrument was acknowledged before me this 1�1\ day of Liu _ 2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier "County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. a KRISTINE TWENTEx��,� Notary Public - State of Florida My Comm. Expires Jun 18, 2Ut5 NOTARY PUBLIC Commission # EE 87272 My commission expires: �''�° 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. M '1 to Integrity First CR Services, c/o RA Leandro Feliz, 4100 Corporate Square, Naples, FL 34 tl1 ' this \ � day olf N.h 2012. I � M. Jeai, kawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 AstIm M FIJ IDA j(27-263-8206 s, Florida 34102 ,�nty at CQLU HEREBY CERTIFY THAT Oft M a WM ,1fi� . oorect cony of a oecument onr tie Board Minutes and Recoras'"v1 Go&'llar .a ' JIT SS my hir�A and,. 208r of r COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY CONMSSIONERS, Petitioner vs. INTEGRITY FIRST CR SERVICES, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120003258 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 May 24, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permits through required inspection and certificate of completion /occupancy within 15 days (June 8, 2012) or $500 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 4806 PG 3379 . 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on July 17th 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: Respondent ordered to obtain all required Collier County Building Permits through required inspection and certificate of completion/occupancy within 15 days (June 8, 2012) or $500 per day will be imposed. FURTHER AFFIANT SAYETH NOT. DATED this 17th day of July, 2012. COLLIER COUNTY, FLORIDA CODE ORCEMENT BOARD Christopher kmbach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S to (or affi n d) and sub cribed before me this Oay ofQ U:l 2012 by Christopher Ambach (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA Crawley (Print /Type /Stamp Commissioned Name of Notary Public) Personally known � Lr:; i5sio'.` #3E129317 Eir, , . :' E 07, 2014 'BONDED rxaV , ; ,tONDINC Co., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20110003139 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CWALT INC. ALTERNATIVE LOAN TRUST, 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: 07/2612012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION: 561 2nd ST NE Naples, FL SERVED: CWALT INC. ALTERNATIVE LOAN TRUST, 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 en el idioma Ingles. Servicios the traduccion no seran 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. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20110003139 Board of County Commissioners vs. CWalt Inc. Alternative Loan Trust, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 4, Section 424.2.17 Location: 5612 nd Street N.E. Naples, FL 34120 Folio # 37281720004 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 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 ud 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- ;.-p day of Uo," - , 2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 1,_3C 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 1 ,1 "aY P`'B�''• NOTARY PUBLIC Notary Public -State of Florida • _ My Comm. Expires Jun t 8, 2015 My commission expires: Commission # EE 87272 F,Cf °` Banded 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, 5612 ,d Street, N.E., Naples, Florida 34120 this 7 ``k�day of } c-, %,j 1, 2011. M. Jeem`Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 St8ta3 t F ;F�j - - s, Florida 34103 ;panty of CAf.Ll 263 -8206 �,s I HEREBY CERTIFY THAT thial Is ar tfW OW .orrect copy or a aocument on fife to Board Miriutes and'<iteco'ras At Caber an* SS my n' 4 a .a . 9 tf'Ei" LSs�ll this aay Of" DWIGHT E. DRO!Gt VLERK Qf,CQUM COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner ►uy 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 ftgll violations as stated in the Order recorded in the public records of Collier County, Florida in OR Boo1G 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 COD�ENFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to affirmed and subs e ore m his 19th day of (sign e of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � March , 2012 by Patrick Baldwin NOTARY PUBLIC -STATE OF FLORIDA " Deheia Pulse _ Commission # EE049564 '- .'`„',.•' Expires: JAN. 16, 2015 BONDED TFIIiU ATT .� 71C BONDING CO., INC.