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CEB Backup 08/23/2012 Code Enforcement Board Backup Documents August 23 , 2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: August 23,2012 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 Lionel L' Esperance Gerald Lefebvre, Vice Chair Tony Marino Kenneth Kelly Ronald Doino Jr., Alternate James Lavinski Chris Hudson,Alternate Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES— A. July 26,2012 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Re-Hearing 1. Robert E. & Colleen Rossomando CEOCC20120002338 Motion for Continuance Motion for Extension of Time I � B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20120004317 OWNER: PACIFICA LAUREL RIDGE LLC. % PACIFICA COMPANIES LLC. OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A/C HANDLER INSTALLED WITHOUT VALID COLLIER COUNTY PERMITS FOLIO NO: 3618008008 VIOLATION ADDRESS: 5543 LAUREL RIDGE LANE UNIT 107 NAPLES. FL 34116 2. CASE NO: CESD20120001351 OWNER: STEVE&ALICE POSELEY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,BUILDING AND LAND ALTERATION PERMITS,(PERMITS, INSPECTIONS,CERTIFICATE OF OCCUPANCY REQUIRED)COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a)AND(e)DEMO WORK BEING DONE-NO PERMIT OBTAINED FOLIO NO: 24537040001 VIOLATION ADDRESS: 706 W. VALLEY DR. BONITA SPRINGS, FL 34134 3. CASE NO: CESD20110016681 OWNER: KRG 951 &41 LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.13(F)FAILURE TO SUBMIT ANNUAL PUD MONITORING REPORT FOLIO NO: 726240005 VIOLATION ADDRESS: NO SITE ADDRESS • 4. CASE NO: CELU20120007339 OWNER: TIMOTHY TODD LAINHART,LORI RENEE LAINHART,ANTHONY IRA LAINHART AND DEANA RENEE LAINHART OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1.04.01(A),2.02.03 AND 10.02.06(B)(1)(a)A PERMITTED ACCESSORY STRUCTURE WITH UNPERMITTED ALTERATIONS AND WITH NO PRINCIPAL STRUCTURE ON THE SAME PARCEL FOLIO NO: 37692280007 VIOLATION ADDRESS: NO SITE ADDRESS 5. CASE NO: CESD20110016035 OWNER: IRIS LABRIE OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 110.1 EXPIRED PERMIT#2001041543 AND NO CERTIFICATE OF COMPLETION OBTAINED FOR PERMIT FOLIO NO: 55901120005 VIOLATION ADDRESS: 266 6TH STREET W.BONITA SPRINGS,FL 34134 6. CASE NO: CESD20110012040 OWNER: WESTBURY QUAIL GARDENS LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.13(F)FAILURE TO SUBMIT PUD MONITORING REPORT FOLIO NO: 64918000028 VIOLATION ADDRESS: NO SITE ADDRESS 7. CASE NO: CENA20120006825 OWNER: GWENDOLYN GREEN OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI, SECTION 54-181 LITTER CONSISTING OF BUT NOT LIMITED TO; REFUSE,CLOTHES, BOXES,ASSORTED METALS,PLASTICS AND WOOD TIRES,ETC. FOLIO NO: 41044640003 VIOLATION ADDRESS: 3675 10TH AVE. SE.NAPLES, FL 34117 8. CASE NO: CESD20110005345 OWNER: GRAND CYPRESS COMMUNITIES,INC. OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND SECTION 10.02.06(B)(1)(e) REMODEL INCLUDING THE REMOVAL OF A FIRE WALL BETWEEN COMMERCIAL UNIT 604&605,PRIOR TO ISSUANCE OF A COLLIER COUNTY BUILDING PERMIT FOLIO NO: 76885100984 VIOLATION ADDRESS: 3887 MANNIX DR.UNIT 605 NAPLES,FL 34114 9. CASE NO: CESD20110015021 OWNER: KLUVER TR,DAWN COMMERCIAL TRUST REAL TRUST OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(I)(e)UNPERMITTED ALTERATIONS AND THE CONSTRUCTION OF WALLS, BEING BUILT WITHOUT PROPER COLLIER COUNTY PERMIT FOLIO NO: 61946000006 VIOLATION ADDRESS: 3666 TAMIAMI TRAIL NORTH NAPLES, FL 34104 10. CASE NO: CESD20120004188 OWNER: DOREEN BIGICA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)NO COLLIER COUNTY BUILDING PERMITS FOR GARAGE DOOR CONVERTED TO DOUBLE GLASS DOORS FOLIO NO: 45965880003 VIOLATION ADDRESS: 2391 19TH ST. SW.NAPLES, FL 34117 11. CASE NO: CESD20120006530 OWNER: DOREEN BIGICA OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.13(F)FAILURE TO SUBMIT ANNUAL PUD MONITORING REPORT FOLIO NO: 36453120006 VIOLATION ADDRESS: 5100 27TH PLACE SW NAPLES,FL 34116 • 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: 2007050898 OWNER: MR.99 CENTS,INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ 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)A 50 FOOT BY 12 FOOT ROOM ADDITION WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY PERMITS FOLIO NO: 00074560000 VIOLATION ADDRESS: 1813 LAKE TRAFFORD ROAD IMMOKALEE, FL 34142 2. CASE NO: CESD20110006971 OWNER: HENRY&JAN E.HOLZKAMPER OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)DRYWALL HAS BEEN REMOVED AND REPLACED IN THE EAST BUILDING'S BOTTOM EAST UNIT(a)AND THE STAIRS ON THE FRONT OF THE EAST BUILDING HAVE BEEN REPAIRED TO INCLUDE BUT NOT LIMITED TO: HANDRAILS. STEPS AND SUPPORTS WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS FOLIO NO: 5260044005 • VIOLATION ADDRESS: 3230 THOMASSON DR.NAPLES,FL 34112 3. CASE NO: CESD20110015948 OWNER: MICHAEL ZAGER&PAULA J. RHOADS OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND I0.02.06(B)(1)(e)REMODELING/ALTERATIONS TO INSIDE AND OUTSIDE OF THE HOUSE WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTIONS FOLIO NO: 65322840006 VIOLATION ADDRESS: 557 CYPRESS WAY EAST NAPLES, FL 34110 4. CASE NO: CESD20110000679 OWNER: MADERLINE& EDILEYDIS GONZALEZ OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)CONCRETE SLAB WITH PVC PIPING,AN UNFURNISHED GAZEBO TYPE STRUCTURE WITH ELECTRICAL SERVICE AND A MOBILE HOME HAVE ALL BEEN CONSTRUCTED ON THE PROPERTY WITHOUT FIRST OBTAINING ALL REQUIRED BUILDING PERMITS FOLIO NO: 00420080008 VIOLATION ADDRESS: 6066 ADKINS AVE.NAPLES,FL 34112 • 5. CASE NO: CESD20110014953 OWNER: TOMMY PICKREN OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED. SECTION 10.02.06(B)(1)(a)AN UNPERMITTED SHED WITH UTILITIES(PLUMBING)IN THE REAR YARD FOLIO NO: 63401440002 VIOLATION ADDRESS: 1072 N.ALHAMBRA CIRCLE NAPLES,FL 34103 6. CASE NO: CELU20110009421 OWNER: TERRY HERNANDEZ& BRIAN K. FULTS OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTIONS 2.02.03 OBSERVED POOL BUILT ON THE PROPERTY WITH NO PRIMARY STRUCTURE POOL WATER GREEN WITH ALGAE FOLIO NO: 35988400001 VIOLATION ADDRESS: 2700 47TH TERRACE SW.NAPLES,FL 34116 7. CASE NO: CESD20110007803 OWNER: LARRY W. FOX OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)STORAGE SHED IN THE REAR YARD CONVERTED INTO A LIVING SPACE WITH A SMALL KITCHEN AND BATH ACCORDING TO THE PROPERTY OWNER, STORAGE SHED OCCUPIED BY FAMILY MEMBERS FOLIO NO: 37014680007 VIOLATION ADDRESS: 681 11TH STREET SW.NAPLES,FL 34117 • 8. CASE NO: CESD20110013644 OWNER: GISELLE&ALEJANDRO MELENDI OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION I0.02.06(B)(I)(a)AND 10.02.06(B)(1)(e)(i)ATTACHED GARAGE ENCLOSURE AND TURNED INTO LIVING SPACE,DETACHED GARAGE AND SWIMMING POOL WITH ENCLOSURE BUILT WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40865680007 VIOLATION ADDRESS: 3680 4TH AVENUE SE NAPLES,FL 34117 9. CASE NO: CESD20110014115 OWNER: OSLAY FERNANDEZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A SCREEN ENCLOSURE WITH CANCELLED PERMIT#2005033480 ALSO A POOL, DECKING AND SHED TYPE STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY PERMITS FOLIO NO: 38902360001 VIOLATION ADDRESS: 4120 68TH AVE.NE.NAPLES, FL 34120 10. CASE NO: CEPM20100019476 OWNER: ERICK DORESTIL&ELVITA PIERRE OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: FLORIDA BUILDING CODE, 2010 EDITION,CHAPTER 4, SECTION 424.2.17, ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(a)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(15)NO PROTECTIVE BARRIER SECURING THE SWIMMING POOL. SWIMMING POOL PERMIT EXPIRED WITHOUT OBTAINING A CERTIFICATE OF COMPLETION FOLIO NO: 40527040008 VIOLATION ADDRESS: 3661 12TH AVE.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- September 27,2012 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEOCC20120002338 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Robert E & Colleen Rossomando, Respondent(s) NOTICE OF HEARING MOTION FOR REHEARING 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code, 04-41, Section 2.02.03 LOCATION OF VIOLATION:4641 5th AVE NW SERVED: Robert E & Colleen Rossomando, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Serviaos 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. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner/Movant, CASE NO.: CEOCC20120002338 v. ROBERT E. AND COLLEEN ROSSOMANDO, Respondents MOTION FOR REHEARING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, by and through the undersigned attorney, submits this Motion for Rehearing pursuant to Article IX, Section q, of the Collier County Code Enforcement Board ("CEB") Rules and Regulations, stating as follows: FACTS 1. This motion for rehearing is based on the CEB's June 28, 2012 hearing, and subsequent July 6, 2012 written Findings of Fact, Conclusions of Law, and Order of the Board ("Order"), finding that "the Respondents are not in violation of Ordinance 04-41, as amended, of the Collier County Land Development Code, Section 2.02.03." A copy of that section is attached hereto as Exhibit A. 2. The violation at issue is "operating an inn-type lodging business in an Estates zoned district." The Respondents plainly admit that they using their Estates-zoned property for operating an inn, or transient lodging facility. 3. The County contends that such an operation is not a lawful use in the Estates zoning district. 4. Based on a 4-3 vote, the CEB found the Respondents were not in violation of applicable zoning. 5. The County received a copy of the written Order on July 9, 2012. A copy of the Order is attached hereto as Exhibit B. STANDARD FOR REHEARING 6. Under Article IX, Section q, of the CEB Rules and Regulations, a party may move for rehearing of the Order based on the ground(s) that (1) the decision was contrary to the evidence; or (2) that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. ARGUMENT FOR REHEARING 7. A review of the proceedings indicates that both grounds for rehearing exist. A copy of the hearing minutes' is attached as Exhibit C. 8. The CEB's Decision was contrary to the evidence: a. During the hearing, irrefutable and uncontroverted evidence was presented, indicating that Respondents advertised and used their Estates-zoned property for transient lodging purposes. b. During the hearing, irrefutable and uncontroverted evidence was presented to show that, under applicable zoning, such a use is not a valid permitted, conditional, or accessory use. A copy of the Estates zoning district permitted, conditional, and accessory uses is attached hereto as Exhibit D. c. Respondents failed to present any evidence in support of their position that operation of an inn, or transient lodging facility, is allowed in the Estates zoning district. 'Draft Minutes,pending approval. 2 d. Despite the existence of this clear, uncontroverted evidence, the CEB held that the use was permitted in the Estates zoning district. 9. The CEB's Order involved an error on a ruling of law, which was fundamental to the CEB's decision: a. The CEB's decision had the effect of changing the Estates zoning district to allow transient lodging — i.e., a commercial use. b. Although hotels and other transient lodging facilities may be permitted in certain zoning districts (e.g., Residential Tourist zoning district), they are not a permitted, conditional, or accessory use in the Estates zoning district. c. The Master Plan for the area in question (part of the County's Comprehensive Plan) indicates that the Estates zoning district is designated for residential (as opposed to commercial) use. d. The CEB's order involved errors on ruling of law — i.e., (1) the ruling was inconsistent with the language and intent of the County Land Development Code, particularly with respect to unauthorized commercial uses within the Estates zoning district; and (2) the decision was inconsistent with the County's Growth Management Plan, Golden Gate Estates Master Plan, which does not contemplate such commercial uses within the Estates zoning district. e. Finally, the CEB heard argument and testimonial evidence concerning conflict between the County's LDC and state statutes, which impacted their decision-making. Under its Rules and Regulations, the CEB "is without jurisdiction" to hear such argument and evidence (see Article IX, first paragraph, of the CEB Rules and Regulations). CONCLUSION 10.Based on the evidence presented at the original hearing, there is no dispute that Respondents operate a commercial, short-term, transient lodging facility in the Estates zoning district. Mr. Rossomando's own testimony established that three of four bedrooms of their residence are being advertised, offered, and employed for this unauthorized commercial use. 3 11.The CEB ruled 4-3 in favor of the Rossomandos. This very close vote followed considerable deliberation and debate. The impact of the vote is to allow a commercial use where such a use is prohibited under the Land Development Code, and inconsistent with the County's Comprehensive Plan. The CEB's Order, in such a close case, could have major precedential implications for land use in the Estates zoning district. 12.Because the CEB's Order was inconsistent with the evidence presented at the hearing, and involved errors on rulings of law as described above, the County has met the applicable grounds for the granting of a rehearing. WHEREFORE, in light of the foregoing, the County respectfully requests a rehearing of this matter. Respectfully submitted, BY: l JEFF E. WRIGHT AWistant County Attorney Office of the Collier County Attorney 3299 Tamiami Trail East Naples, Florida 34112 (239)252-8400 (239)252-6300 (fax) Florida Bar No. 20203 j effwright @colliergov.net 4 CERTIFICATE OF SERVICE A copy of the foregoing was forwarded via US Mail to Jeffrey M. Perlow, Esq., 18901 NE 29th Avenue, #100, Aventura, Florida 33180-2807, and to the Respondents named above, at 4641 5th Ave. NW, Naples, Florida 34119-1515, this 19th day of July, 2012. fl t BY: / JEFF! WRIGHT Assi ant County Attorney • 5 Municode Page 1 of 1 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. EX BIT http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2£.. 7/19/2012 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CEOCC20120002338 vs. ROBERT E.AND COLLEEN ROSSOMANDO, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 28,2012,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: 1. That Robert E.and Colleen Rossomando 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 in person and by Counsel,Jeffrey Perlow. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4641 5th Avenue N.W.,Naples,Florida 34119,Folio 36661320009,more particularly described as Tract 22,GOLDEN GATE ESTATES,Unit No.2,per plat thereof recorded at Plat Book 4,Page 75,Public Records of Collier County,Florida,has been alleged to be in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 2.02.03 in the following particulars: Operating an inn-type lodging business in an estates zoned district. 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 Respondents are not in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 2.02.03. 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. EXHIBIT 8 DONE AND ORDERED this ( U day of ,4,j% Jg2012 at Collier County,Florida. COJDE ENFORCEMENT BOARD CO Ago.o TY 1?LORID•• • ,bert I � hair 2800 No TS•a'a-::-shoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) i� The foregoing instrument was acknowledged before me this(( day of , , .i , 20 2, obert Kaufinan,Chair of the Code Enforcement Board of Collier ounty, lorida,who is who ha produced a Florida Driver's License as identification. i �$:?rip' Notary Public-State of Florida �-• •I My Comm.Expires Jun 18,2015 �" ,t/)(J '�.�,rf Nl�'l .r_-;�, �� = Commission•EE 87272 : N TARY PUBLIC 1 '' , ,,PO- Bonded Through National Notary Men. M My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Robert E. Colleen Rossomando,4641 56 Avepue N.W.,Nap es,Florida 34119 and to Jeffry S.Perlow,Esq.,5425 Park Central Court,Naples,FL 34109 this l c' day of .< _ ! 2. t " dk-li /re-L'A Al":2--&*A--1 M. a'• •wson,Esq. Flori•a Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 Ju.; '8, 2012 here too lo on this one. And I'm sure th at over the me year they have known t .t they had to obtain a building perm > INVESTI k • TOR SHORT: It was address-/on the order. CHAIRMA KAUFMAN: Okay. So Y: ave a motion to deny this request and we lave a second. All those in fay. ? 3Y. MR. MIESZCAK. Aye. ,d" CHAIRMAN KA . k AN: /e.' MR. L'ESPERANCE: • - y` Y MR. LAVINSKI: Aye ' MR. LEFEBVRE: ?fe. 0 MR. DOINO: A CHAIRMAN r. • UFMAN: Oppo •,* (No respon,°`. MR. HU ON: Opposed. CHA '4 AN KAUFMAN: •`. s e joppos- Chris. O . VESTIGATOR SH I AV hank you. MR. LEFEBVRE: i •t. - hear this, the imposition •' fines. CHAIRMAN • .4 4.• N: Under imposition of fines. We're in the h in:. now. Jen, I'll wait for you to let us kn. MS. BA he first case will be number one, Case START' CEOCC20 . 338, Robert E. and Colleen Rossomando. (Mr. ..1) Mrs. Robert Rossomando and Supervisor Jeff Letourneau were duly sworn.) MS. BAKER: This is in reference to violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 2.02.03. Description of violation: Operating an inn-type lodging business in an Estates zoned district. Location/address where violation exists: 4641 Fifth Avenue Page 14 EXHIBIT C 8 Northwest, Naples, Florida, 34119. Folio 6661320009. June 28, 2012 Name and address of owner/person in charge of violation location: Robert E. and Colleen Rossomando, 4641 Fifth Avenue Northwest, Naples Florida, 34119. Date violation first observed: February 15th, 2012. Date owner/person in charge given notice of violation: March 9th, 2012. Date on/by which violation to be corrected: April th, 2012. Date of re-inspection: April.30th, 2012. Results of re-inspection: The violation remai . CHAIRMAN KAUFMAN: Mr. Letournea tal SUPERVISOR LETOURNEAU: Goo• 't mg. For the record, Jeff Letourneau, Collier County C*.,-01 forcement. Pd like to start out by handing in s. - ase evidence in the following exhibits: Four printed pa: - o ' ebsites, four pages of Land Development Code and deft , • , and three pages of an email I received from County Attorn- • IT Klatzkow. I did show this to Mr. P- it this morning. I think he might have some objection on it. MR. PERLOW: ave to strongly object to the email. That's not what's ca d c mpetent substantial evidence, that's an opinion from the viRtey and that's conversations going back and forth between th.: : orney and Mr. Letourneau. It's just not evidence. SUPE ► . ■R LETOURNEAU: Actually, it was a request for legal serve Viom Mr. Klatzkow that I asked him in an email to make a determine on if this was a -- this particular activity was a violation. And I got his answer back on that email right there. MR. PERLOW: It is still not factual evidence presented at a hearing. He's offering an opinion as an attorney for Code Enforcement. CHAIRMAN KAUFMAN: He's offering an opinion as the county's attorney. Page 15 June 28, 2012 Jean, do you have any problem with what Klatzkow has written? MS. RAWSON: We've allowed evidence like that in before from the County Attorney's opinions,, you know, on more than one occasion. Not only the County Attorney, a couple of times from other people in code enforcement you've allowed evidence in about people's opinion. MR. LEFEBVRE: The building department specifically. MS. RAWSON: Yes. And I know that Mr. Klatz w is not here; however, credible hearsay is permissible. , MR. PERLOW: Well, I think that violates obsomando's fundamental due process. I can't cross-examine opinion. I can't question him at all. He mentions in here this is a possible/ .1 i ited use. There are statements in here. I can't question him 'is document if he is not here. And that does violate Mr. Ros • r a• •o's due process rights. MR. LEFEBVRE: Can you . ' • he mic closer to you, please. MR. PERLOW: Yes. CHAIRMAN KAUFM reff, do you have comments on this? SUPERVISOR LET: EAU: This is common r p actice. We have determinations five, sous parts of the county at all times on code cases. Zonin g i g department, county attorney, we request their legal advice v lations all the time and we go forward with cases on his o•i ■• • a lot of times. I don' .i?' ;-, I think that his opinion does matter. He is the County A' ► ey, and part of his job is to make decisions on whether something is a violation or not. MR. PERLOW: But the bottom line is he's offering testimony that I can't cross-examine. And it's being accepted on the face of the letter. CHAIRMAN KAUFMAN: Well, this is based on the past precedent. I would tend to accept the email, and should you disagree you have the means to file an appeal based on our interpretation. Page 16 June 28, 2012 MR. PERLOW: Thank you. MR. LEFEBVRE: Now, I have a question. You have seen this whole package? MR. PERLOW: I did. I saw it this morning for the first time, yes. MR. LEFEBVRE: I make a motion that we accept this package in its entirety. MR. PERLOW: And I would object to that. CHAIRMAN KAUFMAN: Okay. Unfortunate) )re not on the Board, so we have a motion to p accept the ack ritten. Do we have a second? MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We hay ,c nd. All those in favor? . MR. MIESZCAK: Aye. " CHAIRMAN KAUFMAN: MR. L'ESPERANCE: A . MR. LAVINSKI: Aye MR. LEFEBVRE: • MR. DOINO: AQQ. CHAIRMAN A) -40V Opposed? �� Pp (No respons:i MR. HUD `V; • : Opposed. CHAI NI' • 't KAUFMAN: One opposed. Oka": t e package is accepted. And obviously I haven't seen this package yet either. SUPERVISOR LETOURNEAU: Okay, I'd like to start out by the actual website that you can go on. The first one is bedandbreakfast.com, as you can see. If you go down to the bottom one you see, A Dream Come True Home. I believe that is the advertisement for this particular property. And then you have the view website. And when you click on that you Page 17 June 28, 2012 come to the second page, which has the home page, A Dream Come True. It basically tells you, you know, what a nice facility this is, everything else. Then if you click on rooms, you know, view rooms, you come to that third page which shows three bedrooms, I believe, that are being rented out. You have mom's room, grandma's room and Lady Di's room. As you can see there's rates available on this website. And the third page shows you the services; it's a typical bed and breakfast, it looks like. You stay for the night, you com down and get your bed and breakfast -- you get your breakfast at itchen table. � So that's -- I'm just trying to establish that t 54, is this activity going on on this property. CHAIRMAN KAUFMAN: Okay. 'S, SUPERVISOR LETOURNEAU: ' ,ZSgext part of the packet would be the ordinances I took out o e and Development Code. The first ordinance would be 2.02. ohibited uses. I just want to really stress M - at's the ordinance that I am claiming there is a violation + iT d I'm going to read it here: Any use or structure not speci Alp identified in the zoning district as a permitted use, conditi e or accessory use shall be prohibited in such zonin g district That's what 1(ililire today for you guys to make a decision on, that and that alo . . As yo :* - •wn the page I also put a definition of motel/hotel, which sta • building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public with or without accessory uses such as restaurants, meeting rooms or recreational facilities. I want to just say daily rate is what I'm trying to get at right there, which I believe that they're charging at this facility. I couldn't find a transient definition in the Land Development Code, so I put the next one in there, which was destination Page 18 June 28, 2012 resort/hotel, and I believe I highlighted the first sentence right there which says: A transient lodging facility, i.e. less than six months occupancy. That's what I could find in the LDC as far as transient lodging. The next section I put in was just for reference was residential tourist district. Now, if you scroll down to permitted uses, you'll see the first one is hotels and motels. That is a permitted use in that zoning district, allowable as a permitted use. The next one I put in was the whole Estates distriut in the permitted, the accessory and the conditional uses. you can see � AlW y if you overlook the whole thing, hotels and motes e not part of the Estates zoned district as far as any kind of us- 1, ere. All right, any questions so far? (No response.) >. CHAIRMAN KAUFMAN: N foam me. MR. L'ESPERANCE: Good. SUPERVISOR LETOU '. 'NI : Okay. I'd like to move on to Mr. Klatzkow's email. This t, was something I sent to him because I just wanted to with the County Attorney that what I was saying in my Noti •ee iolation was an actual violation. So I wrote hi to -- it's called a Request for Legal Services, which I wanted h. :p ion on this violation. I highlight-•• if you go down to the middle of that first page, my first qu- 4. - as: I am requesting the County Attorney Office to determine is type of transient lodging or hotel use is allowed in this -- that I referenced, residential single-family and Estates districts. If you scroll down a little further, the first thing he says is: In answer to your question -- he restates the prohibited use, which I cited on the Notice of Violation. Which it's not a permitted accessory or conditional use in this zoning district. - Now, if you move on to the -- then he also quotes the residential zoning district in between there which also states that there's no hotel Page 19 4 June 28, 2012 or motel as a use in that type of zoning district. After you get done with that, he has a little spiel on the third page stating: Renting one's home in the manner described in your request for legal service is a transient rental use. This use is not authorized in residential zoning districts or the Estates. Other districts such as certain commercial districts, the residential tourist district and many PUD's specifically authorize this use. That does not mean one cannot rent out one's home for a single-family resident use. TyiVy such rentals are in excess of six months. Accordingly, in answer to your questions -- a first question was: I'm requesting the County Attorney's OfficeN etermine if this type of transient lodging or hotel use is allow-11. • ese types of neighborhoods. Not authorized. Pretty, clear right t I also went on, I just wanted to .ehoWcyil it was authorized, if he did say that, if they needed a horn- ■ pational license, but it was pretty moot at that point that t t can't do it, so there's no sense even getting into that. , Okay, the original c s opened on February 14th. I did get a complaint through the department. I'm not really sure how it came in, but someb m the zonin g department artment sent me an email saying they had a Taint about this particular property. I'm not sure who -- you v. " v, if it was a neighbor, competitor, or what it was. So aft- "s. .- sive research, we did serve Mr. Rossomando a Notice of It) ation. Because it was -- in the beginning it was a little vague about, you know, the period of time that you can rent one's house out. Because obviously there are people that rent rooms out in residential districts. And from what I can gather with transient and Mr. Klatzkow's opinion, it looks like six months is pretty much the least amount of time that you can rent out a piece of property without it becoming a transient use and we're getting into the hotel/motel use at that point. Page 20 June 28, 2012 That's pretty much it, if you don't have any questions. CHAIRMAN KAUFMAN: I have one question. I know on certain rentals certain tax has to be paid to the county. SUPERVISOR LETOURNEAU: Yes. CHAIRMAN KAUFMAN: Have any taxes on this particular property been paid to the county? SUPERVISOR LETOURNEAU: I do believe that they were paying a tourist tax. MR. ROSSOMANDO: Yes, we were. We have number and we've been paying the tax on a month both to the pY g �� county and the state. CHAIRMA , N KAUFMAN: Okay, that' I . uestlon. Any other questions from the Board ounty? (No response.) SUPERVISOR LETOURNEA Before I hand it over, I just want to just reiterate, we're just he : ainake a determination -- or ask you guys to make a determinat's • 'J ether this is a use that's allowed in the Estates zoned district. • . ' it. Thank you. CHAIRMAN KAU ''•�• • : Okay, good morning. MR. PERLOW: inquire? CHAIRMAN MAN: Sure. Why don't you give us your testimony first ans: eA you can go back and forth with questions. Correct, Jean? MR. P Si. Z : I would like to cross-examine -- MS. SON: No, I think he cross-examines him first. MR. P RLOW: -- based upon what was testified to. CHAIRMAN KAUFMAN: Oh, okay. MS. RAWSON: Right. MR. PERLOW: Mr. Letourneau, where in 2.03.02 does it state you can rent in excess of six months? SUPERVISOR LETOURNEAU: It doesn't state it in the prohibitive ordinance. Page 21 June 28, 2012 MR. PERLOW: Well, then it's a prohibitive use, isn't it, to rent at all? SUPERVISOR LETOURNEAU: It would be pretty much impossible to label every activity in the Land Development Code. It could say breathing is allowed in the Estates, it could say, you know, whatever. I mean, it's going to be hard to go over everything that's allowed, so they pinpoint exactly what's allowed in a certain zoning district. MR. PERLOW: This opinion states that six monilbeould be okay, correct? SUPERVISOR LETOURNEAU: It does. , MR. PERLOW: But it doesn't say in 2.;VI at six months is okay; isn't that correct? SUPERVISOR LETOURNEAU: �yis correct. MR. PERLOW: And 'it also do- 't ay in that section that three nights or four nights or five nights .hibited; isn't that correct? SUPERVISOR LETO ' ►.''!*l : That is correct. MR. PERLOW: So yo.. : domly, correct me if I'm wrong, establishing six-month c ).! isn't that correct? SUPERVISOR L ' EAU: That is not correct. MR. PERLON 1, it doesn't say in the code that it's six months. SUPERVI ETOURNEAU: It says in a certain definition I gave that tr. iz • i.e. is six months or less. MR. OW: But you're basing it strictly on 2.03.02; isn't that correct? SUPERVISOR LETOURNEAU: No, that's what I cited the gentleman with. I'm not basing it solely on that ordinance. MR. PERLOW: When was the property first inspected? SUPERVISOR LETOURNEAU: The property -- I've only been onto the property twice. I've never inspected to see if there was anybody coming in and out of there. I do believe that I had Mr. Page 22 June 28, 2012 Rossomando state that they were doing what they had advertised on the website. MR. PERLOW: Well, it says, does it not, that on February 15th, 2012 the violation was first observed? SUPERVISOR LETOURNEAU: It was first observed on the website. MR. PERLOW: It wasn't observed on premises? SUPERVISOR LETOURNEAU: No, it was not. MR. PERLOW: Have the premises ever been o Eby you or someone from your office? SUPERVISOR LETOURNEAU: I've been( he premises. MR. PERLOW: And have you seen re 1_ z ing place? SUPERVISOR LETOURNEAU: I v .,. .t. MR. PERLOW: When was the rei ;s:,•tion done? SUPERVISOR LETOURNEA The reins p ection was done on the website, once again. I went to ebsite and it was still up, advertising for daily rentals. MR. PERLOW: So ev.404'1 g was based upon the website and that's it? SUPERVISOR L1 [ ' EAU: Yes. And Mr. Rossomando I believe at one point ld e that they were doing it. MR. PERL Mr. Rossomando were to rent to somebody for 30 days, wo 11• at be a violation of 2.03.02? SUPE Nkt R LETOURNEAU: Yes. MR. Ili OW: How about 60 days, would that be a violation? SUPERVISOR LETOURNEAU: I'm just basing it off the transient lodging which is -- and the County Attorney's opinion. I believe anything less than six months would probably be a violation at this point. MR. PERLOW: So anybody renting to anyone in Naples for under six months is in violation? SUPERVISOR LETOURNEAU: Depending on what zoning 4 Page 23 June 28, 2012 district they're in. There's a lot of variable , obviously. MR. PERLOW: Well, if you're in an states zone, anybody under six months, you'd be in violation; is 't that correct? SUPERVISOR LETOURNEAU: According to this County Attorney's opinion, yes, I think at that point you could say it's transient lodging. MR. PERLOW: And looking at this letter from the County Attorney where he states 2.03.02 residential zoning dist 'cts in A he's referencing RS-1, 2, 3, 4, 5 and 6. Do an of thos 1icts g Y apply in this case? . ■ SUPERVISOR LETOURNEAU: Ar you Osing about 2.0 -- you're talking about residential zoning dist i is email right here, is that what you're -- MR. PERLOW: Yes. Yes, please. SUPERVISOR LETOURNEA please. Estates is not included in that particular grouping of zoni MR. PERLOW: So anyt ' those zoning districts would also be a violation if they were u'u• dlb..x month ; is that your opinion? SUPERVISOR LET: 4 EAU: Ye . MR. PERLOW: '.y. • ' this email it $tates, or you testified rather, that this mi: be . transient lodging or hotel; is that correct? SUPERVIS C': L TOURNEAU: Correct. MR. PERL i • ': Are you aware of the statutory definition in the State of Fl !t .r a hotel? SUP SOR LETOURNEAU: No I'm not. MR. P RLOW: You're not aware of Section 5.09.242 that defines a hotel as 25 or more guests? SUPERVISOR LETOURNEAU: Okay. MR. PERLOW: You're not aware of that? SUPERVISOR LETOURNEAU: I arb not. MR. PERLOW: So would you agree that Mr. Rossomando is not operating a transient type hotel, assuming what I just told you is Page 24 June 28, 20I2 correct about the Florida statutory definition? SUPERVISOR LETOURNEAU: I would probably agree that the hotel reference prob -- he doesn't have a hotel; he's got transient lodging though. MR. PERLOW: But he doesn't have a hotel? SUPERVISOR LETOURNEAU: I guess if that's the state definition, I would agree that he doesn't have a hotel. MR. PERLOW: But you would also testify that a thing under six months, five months is transient lodging? SUPERVISOR LETOURNEAU: In Estates ackr idential zoning. MR. PERLOW: Even though that's not 01-2 - ion 2.03.02 or in the Collier County Enforcement Code; is t14 o ect? SUPERVISOR LETOURNEAU: It in the prohibited use. MR. PERLOW: I have nothin: • rt r. CHAIRMAN KAUFMAN: °�.Mi u finished asking? MR. PERLOW: I'm finis. -41 . i h that examination, yes, please. May I question Mr. Ro N M4; do? CHAIRMAN KAU 7•• ' : Sure. MR. PERLOW: •ssomando, how long have you lived on these premises? MR. ROSS O 1iA DO: Since 2003. MR. PERL And did you build the home? MR. • i? • NDO: We built the home. MR. ► OW: And at some point did you go to zoning and make an inquiry regarding whether or not you could rent rooms in your home? MR. ROSSOMANDO: I did. MR. PERLOW: And where did you go? MR. ROSSOMANDO: I went to zoning. I asked them whether I can rent rooms short-term and they said yes. MR. PERLOW: And when was that? Page 25 June 28, 2012 MR. ROSSOMANDO: That was -- I'm not sure, 2004, 2005 when we started thinking about doing this. MR. PERLOW: And after receiving that reply, did you at some point start renting rooms? MR. ROSSOMANDO: Yes. MR. PERLOW: And when was that? MR. ROSSOMANDO: 2007. MR. PERLOW: And did you go to someone at so e point and ask about taxes and paying taxes? MR. ROSSOMANDO: Yes. We weren't aw aMirst that we aa; needed to pay taxes and were contacted by the t. -ople in 2009. We paid the current taxes and all back taxes 4 2ve been paying currently. MR. PERLOW: Prior to being iss is citation, had you had g y prior contacts with the code enforcermt. MR. ROSSOMANDO: Yes. 1`.J MR. PERLOW: And wh e those contacts? MR. ROSSOMANDO: ast two years. MR. PERLOW: W *, •u explain what those contacts entailed? �Q MR. ROSSO NDO: Well, in the p people past le have -- code p enforcement has A 's e to the house, talked to me, talked to my guests. At one time there .s confusion that I was!renting my guesthouse. I have a gu- "-': e on the property, my mother-in-law lives there. Another ti hey talked to my guests and went back and said that renting my bedrooms was a permitted use and I can continue. MR. PERLOW: Were you ever given a citation before this? MR. ROSSOMANDO: Not a citation. In this case no one came to the house to talk to us. Code Enforcement came to the house to deliver a cease and desist order. MR. PERLOW: So you're not aware of any inspection actually taking place on premises? Page 26 June 28, 2012 MR. ROSSOMANDO: No. My mother-in-law did say she saw a car parked in my driveway and look at her house through binoculars. MR. PERLOW: Do you consider what you're operating to be a hotel? I MR. ROSSOMANDO: No. MR. PERLOW: What's the difference between your residence and your rentals and a hotel? MR. ROSSOMANDO: There are a number of dif rences. One, the number of rooms as stated, we only have thre s. We don't p erform a number of services tha4 a hote l rms. We don't have a 24-hour front desk. We d n't ha %oncierge service. We don't accept credit cards. We -- the pla?c 115 -s when we go on vacation. We don't have any employees, ' my wife and I that run it.MR. PERLOW: Did you at so - - :Zit look at the code to determine what the prohibited use • - in the Estate district area? MR. ROSSOMANDO: Y- "'?!1 id. MR. PERLOW: Whatu do final? MR. ROSSOMAN O` . ound that paragraph D of the Estates code is a prohibited usoop - .raph. And it states that the permitted uses are as follows, d ] only lists the training and bating of fighting g animals. MR. PERL ': And you didn't see anything in there about rentals or r- a rooms? MR. -�� . OMANDO: The code is silent on renting of rooms. As Mr. Perlow said, it doesn't say we can rent rooms. Code is silent on renting, period. Doesn't say we can rent the whole house, part of the house, for long-term, short-term, anything. And renting is one of the incomes in this county where people buy residences just to rent. So I don't think it was the intention of the code to eliminate renting. MR. PERLOW: How, long:have you been paying taxes on your rentals? Page 27 June 28, 2012 MR. ROSSOMANDO: Since 2009. MR. PERLOW: And this was after s eaking to the representatives that you were supposed to e paying the taxes? MR. ROSSOMANDO: That's correc . MR. PERLOW: And you state you h ve four rooms? MR. ROSSOMANDO: We have -- t e house is a four-bedroom house. We live in one of the bedrooms; w rent out the three other bedrooms. MR. PERLOW: Explain to the boardwhy you b involved in doing this and why you're resentl doi it. p y �g MR. ROSSOMANDO: Whenever we travlito we loved staying in these types of houses. There's a friendsh p 19� s a knowledge the owners have and we just enjoy doing this. ,‘S, MR. PERLOW: I have nothing fu `: - MR. ROSSOMANDO: No, I : ,ate,' to go on. MR. PERLOW: Go ahead, se did you want? Excuse me for one mome a '; -ase. CHAIRMAN KAUFM :10 1 MR. PERLOW: W- ill to address the issue of home occupation. Would you ple4e'Scplain to the Board what you want to talk about and how ye . ' - living in the house and how you're renting out the rooms and h4. ' at affects your view of what a home occupation is? • MR. iiiio8 OMANDO: Section 5.02.01 talks about home occupations. And it says it's allowable on any zone which permits residential dwellings must be conducted by the owner. Can't have signs, no excess traffic, no excess delivery of goods. And I believe the renting of my spare bedrooms in my house imeets this requirement. MR. PERLOW: Do you have any signs in front of your house? MR. ROSSOMANDO: There are no Signs. MR. PERLOW: There's no sign for abed and breakfast in front Page 28 I i June 28, 2012 of your house? MR. ROSSOMANDO: No. MR. PERLOW: How many are the most amount of cars you have parked in your yard at one time? MR. ROSSOMANDO: A maximum of three cars. MR. PERLOW: Do you consider yourself occupying or renting a rooming house? MR. ROSSOMANDO: It can be considered a roo ,in: house. According to the definition paragraph, Section 22.257 -es a rooming house as a residential dwelling which rent.► e to non-family members. MR. PERLOW: And in renting this roo o 13• P ouse, this is one of the reasons you realized you had to pay to , is 't that correct? MR. ROSSOMANDO: That's co he Tourist Tax Code defines -- lists a rooming house as orte types of dwellings that g 1�:�1rri typ g need to pay their transient tax. So s that it was intended for a rooming house type property to permitted use. MR. PERLOW: Is the - O thing else you want to address with the Board today as far as -N• ,ou're renting these rooms and why you believed initially you : le to do so? MR. RO S S O I think it's a win/win for everyone involved. Collee-ni enjoy doing this. Our guests enjoy our home, enjoy Collier Clow. - activities. Collier County gets increased tourist taxes. Coll.".t my businesses get increased business. Mos • ur guests don't like staying in hotels. They prefer this type of lodging. Therefore, they will go -- if it's not allowed in Collier County, they will go to Lee County which offers these types of lodging. Real estate sales could increase, because a lot of our guests are looking to buy. If they stay here, they'll buy here. For these reasons I believe we are in compliance with the current ordinances and we should be allowed to continue to operate. Page 29 June 28, 2012 MR. PERLOW: Nothing further of Mr. Rossomando. CHAIRMAN KAUFMAN: Okay. Do you have any other witnesses? MR. PERLOW: No. But I would like to briefly address the Board in closing, if permitted. CHAIRMAN KAUFMAN: Sure. MR. PERLOW: Estates District E does not list renting rooms as a prohibited use. If you look closely at the code, it's not rohibited. Under the Collier Coun ty Land Develo m6nt Code, Sext 5.02.03, under home occupations, what the Ro'ssomi.ndos arei4olnk is not a prohibited use. According to the testimony that's been �'': - e ere today, and we're focusing on 2.03.02, if it doesn't say e e you can rent, then you can't rent. Except you can rent, acc►`• ' : to the testimony, if it's six months or more. If you're going pie strictly on the statute, I don't -- or this code, I don't know ou can cut off the time period at six months. That's being doe - . • •omly here. So again, according to imony Offered here today, anybody in the City of Naples that.--, eir condo for their house for under six months is in violation. 44' : ould result in thousands and thousands of violations. Why ' th. Because today we're trying to establish the cut-off at six - • t s. That's not what the code says. The code is silent on it. If t :» z de intended there not to be any rentals, there would be 1. :e in there to that effect. Qtherwise what we're saying her it we're going to interject in this code section a six-month limit where you have to rent for at least six;months or you can't rent to anyone. That's what's being offered here today. I have nothing further. CHAIRMAN KAUFMAN: Okay. DO you have any questions of the respondent? SUPERVISOR LETOURNEAU: I do. Mr. Rossomando, do you have any inspections done by any Page 30 June 28, 2012 government entity for this type of establishment? MR. ROSSOMANDO: No, I don't. SUPERVISOR LETOURNEAU: So nobody comes in to make sure everything's safe? MR. ROSSOMANDO: SUPERVISOR LETOURNEAU: Would you consider this a business venture? MR. ROSSOMANDO: No. SUPERVISOR LETOURNEAU: But you dic,It,Nt, S, ge home occupation ordinance; is that correct? MR. ROSSOMANDO: That's correct. SUPERVISOR LETOURNEAU: They l) some of the home occupation ordinance, but they didn't quo ` ct on C, which states: The use shall not generate more traffic t ould be associated with the allowable residential use. To tha •d, raveling to and from, as well as meeting or parking at the r- : - ce by either employees of the business operated therefrom w■ s . - not residing at the subject address or by customers or J. of the home occupation is prohibited. That statement ri si e says you can't have people coming over for any kind o ess activities. You're making money on these people. To at's a business. Do you ha - t ome occupational license? MR. • • NDO: No, I don't. SUP *It SOR LETOURNEAU: Okay. I want to go right back to the Estates district one more time here. The beginning statement, it gives you the whole purpose of the Estates, which is basically: The purpose and intent of the Estates district is to provide lands for low density residential development in a semi-rural to rural environment with limited agricultural activities. That's it. Doesn't say anything about, you know, tourists or -- you can call it what you want, it might not be a hotel, but it's definitely Page 31 June 28, 2012 a hotel type use because you're having dail rates going on. They specifically put hotel/motels, th t type of transient lodging in certain zoning districts and purposely le that out of the Estates and residential districts, because they do not w nt that allowed in those type of districts. It could be changed down the road if somebody petitioned the commissioners and they agree to it. But at this point I don't think it's -- I don't think just because ilt's not in there doesn't mean it's allowed. Because they purposely put it into of r zoning districts. That's all I have. MR. PERLOW: My only response to that is e that this is a hotel/motel type lodging is ridiculous. It''s not .1kte , it's not a motel. It's a couple, a family that are renti . •1)- • rooms here and ` there. It's not a hotel. It doesn't even mee , s atutory definition of a hotel. And I think it's -- again, it's ludic o argue that this is a hotel or a motel. SUPERVISOR LETOURNE • ■ • An they are running this business, allowing people into - ouse, o inspections done by state, county, federal; no saf= Olt -caution whatsoever have been determined by any gove agency for his type of use. MR. PERLOW: /,y • may address that, anyone who rents their condo f o r a m h 0 a time, because tlhe condo laws and bylaws approve of that k' t o action, they're not having it inspected either. So there aren't i v: - tors running around Naples inspecting all the time for a a A - sr two-month occupancies. MR. ni BVRE: But here's the difference: He's serving food. He's doing more than someone as an owned would be renting a unit. An owner renting a unit is not physically o premise renting a unit operating a business, per se. That's the dis 'nct difference. Now, I'm not sure if this is the proper 1 iolation. I think the violation that might be more appropriate would be lack of having a home occupancy license. That would be y feeling. And I think it would be very difficult to get that home oc upancy license. Page 32 i June 28, 2012 MR. PERLOW: Home occupation? MR. LEFEBVRE: Home occupational license, thank you. But I think that's the distinct difference here is someone that owns a condo renting it out for three months, for season or whatever, is not physically there making them -- making food and so forth. MR. PERLOW: Well, if that's the case, if the Rossomandos stop severing a light breakfast, which is all they do, would that bring them in compliance? Because I'm sure they'd be willing to dci that. Then we're back to the same q uestion -- MR. LEFEBVRE: Well, the other difference. MR. PERLOW: -- about the time, the six n ehs, one month, one week, two weeks. MR. LEFEBVRE: The other differe►.szo� • is you're not having multiple -- typically you're not having , 'le unrelated parties coming into that particular home. Artkal • the owners are not on-site -- are not sharing the same residen zaen you're renting it out for three months. So there's a lot • "11 inct differences between what they're doing and what som- • 1 an individual if I owned a condo renting it out for three here's huge differences between what they're doing. �Q MR. PERLO B there are eo le that rent out rooms in their P p condos. They owNondo, they rent out a second room to somebody. The - wing there with them. So that does occur. MR. 1. t RE: But that's usually for a longer term and usually the"), not there every morning making breakfast, making -- MR. P RLOW: The problem is -- MR. LEFEBVRE: And they're not advertising it as a bed and breakfast. They're -- MR. PERLOW: The difficulty is and the problem is when we start talking about longer terms, shorter terms, we're subjectively saying what that term is. We're saying that six months is okay but three months isn't. It's not in here. Page 33 June 28, 2012 So if you're citing 2.03.02, and that's what we're here for today, there's no time constraint within that code provision. So what you're saying, okay, if it was six months we wouldn't even be here today because he would be in compliance with 2.03.02; is that what we're saying? MR. LEFEBVRE: We're saying also, the home occupancy says that you're not supposed to increase traffic. Well, you're obviously increasing traffic because itwas -- hold on, I'm not finis ed. If it's just he and his wife, that would be two cars. you're bringing in three other bedrooms with three other you're a family and have two or three kids, a lot of times (4'1 be traveling with your kids, so there will be less trips. It : 1 • •t to increase trips. There's a lot of things. I'm thinking t 'i i might be the wrong -- you might be quoting the wrong viola. - ere it might be a home occupancy. Cati M R. PERLOW: And I'll j J ust - I don't want to belabor the point but on the cars, Mr. and A 71 : ossomando keep their cars in the garage when the guests are t 44 o at all times there's no more than three cars, you know, in , eway. MR. LEFEBV ' 44 e •esn't say three cars in the driveway, it says more trips. ob l 'ously if you're bringing people in -- he stated that they're ; ,:irt out to businesses within the county, they're going to restaur. • , they're going here, they're going there. That's increasing •r ' .s versus if it's just he and his wife. MR. ,�1 , ZCAK: Motion to close the public hearing. MR. L' SPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to close the public hearing. MR. HUDSON: I'd still like to -- CHAIRMAN KAUFMAN: Yeah, we can still talk. MR. MIESZCAK: After your -- CHAIRMAN KAUFMAN: Okay, all those in favor of closing Page 34 1 June 28, 2012 the public hearing, say aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Opposed? y (No response.) "A ' CHAIRMAN KAUFMAN: Okay, the publ%earing is closed. Chris? MR. HUDSON: One, I would just li..4'S,s y I think I agree with Mr. Lefebvre, I think this is probably a ;1 - occupancy license issue. Second, I don't think this is the venu=, t' nk we're heading in dangerous water if we're going to . - •out a precedent. THE COURT REPORTE E . . , cuse me, you're talking very fast. MR. HUDSON: Sorry , Again, I agree with 4 . s ebvre, I think that this is a home occupancy issue. I thi'40 ' - in general this is going to head into dangerous waters, t in: about a precedent. I really wis • - Nunty Attorney was here. That's why I objected to havi:, . e evidence admitted. I think that we are talking about thin CHAN KAUFMAN: Slow down, Chris. MR. DSON: Sorry. I think that we are talking about things in general terms. We have one definition over here, we have a definition over here. I think that there's two really good cases here. I wish that the County Attorney was here to sort of answer what he said in his email. I'd also like to say in general, I am that person who travels around the state because of what I do for a profession. And I might stay in a Page 35 I June 28, 2012 home for one night, three days, four days, a month, two months. And I can tell you that if it's not in this code, it should be. We should label out the actual number. And I think that this side has a case there, because I can tell you I've stayed in tons of counties all over this state where I show up, I pay cash, I stay and I'm out the door, because I don't like to stay in a hotel, I don't like to stay in a motel, I like to stay in a home. It's a disappointment that I think that Mr. Letourne is right about the zoning, particularly here in this case. And t �` h I wish gP Y Y the County Attorney was here. So that's where I w41-to state my opinion. (� CHAIRMAN KAUFMAN: Any other ;: e✓✓nts from the Board? (No response.) ')■„S., - CHAIRMAN KAUFMAN: I cane I had scribbled down here. If you're a real estate person -man show, if you will, and you're a broker and you want t.'ilk an office in your house, you don't have a bunch of agent , g to your house, you have to apply for an occupation license •i • agree with Chris and with Mr. Lefebvre regarding th �. , • s required. It's unfortunat think that taxes have been Y .aid So you would P have thought that 's ould have come up before. But it hasn't. So that confuses th:i - e to Mr. Hudson's point. They're paying taxes, which is th- •.? - ent almost sanctioning what's going on. I also ee that this may be above our pay grade to decide. We're not here to write the LDC, we're only here to interpret those portions that come before us, whether they're in violation or not. I agree, it is not a hotel, based on what has been presented here. However, it is a bed and breakfast, as anybody would attest to. So those are my two cents, for whatever they're worth. Jean, do you have any comments regarding the legality of that particular statute of the LDC that's stated? Page36 June 28, 2012 MS. RAWSON: Your job is to decide whether or not a code violation exists. The code that has been cited is the Land Development Code, Section 2.02.03. So you're going to have to decide if that particular provision of the code has been violated and if so, what to do about it. You can't make new law. MR. LEFEBVRE: I make a motion that there is not a violation, based on the case presented and the statute. MR. HUDSON: Seconded. CHAIRMAN KAUFMAN: We have a motion arF,,thave a second. Any discussion on the motion? ,� MR. MIESZCAK: I'd like to discuss somet IV. You know, it states right here, 2.02.03, and it's in writing ti •1 a ditional use shall be prohibited in such zoning district. Tha ,,i . we're on. I like the bed and breakfast, probably a great thin ,t in here, if I lived next door, maybe I wouldn't like it. So I e're not doing what we should be doing and we're saying -- • nk there's a violation that does exist. And I'm quoting what o . 1.1e enforcement officer said. So -- I'm in denial of that motion. , MR. LAVINSKI: irman, I agree. And if I look at the County Attorney's, ande to a County Attorney to get an opinion, and that continue o io , there's no doubt in my mind it says it's not authorized and it • s transient lodging. And I just don't think it should be allow:• ' this situation, or we shouldn't have wasted our time talking . - - County Attorney. MR. ID SON: Mr. Chairman, again, I would just like to note that's why I opposed this being admitted into this case. I think that this attorney should have had the opportunity to cross-examine the County Attorney. CHAIRMAN KAUFMAN: Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Okay, we have a motion that a Page 37 June 28, 2012 violation does not exist and we have a second. All those in favor of that motion, signify by saying aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: And those opposed? MR. LAVINSKI: Nay. MR. MIESZCAK: (Indicating.) y MR. L'ESPERANCE: (Indicating.)( g ) � CHAIRMAN KAUFMAN: That's three. S®violation does not appear to exist on a vote of 4-3. That's it. SUPERVISOR LETOURNEAU: Ti u. MR. PERLOW: Thank you. �� b- A a , I • 0, a I-min 6 • , . CHAI ' 4N KAUFMAN: 'oard is g oin to take a g 10-minute break this time. Si econvene at a quarter ..- -r. (Recess.) , CHAIRMAN KA ► '''.r. • : I'd like to call the 'ode Enforcement Board back to active s :bN: MS. BAKER: e�rext -= CHAIRMA FMAN: •°. .n-, case? MS. B A PO; -- case is numb-, 1 Case CELU20110011262, Gracelyn •i. _ io Rue. MR. lb, SON: Mr. Cr :irman, I have to r- se myself from this case. CHAIRMAN 'i,- FMAN: Okay. And I think tha 4 e'll have paperwork too fo ou to sign. MS. RA. ON: He's already signed. C A "1 AN KAUFMAN: He's ahead of the game. Okay. (J: athan Slaby and Supervisor Perez were duly sworn.) MS. BAKER: This is ,in vio -- Page 38 Municode Page 7 of 19 ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. LPC 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any us .6 \ other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 5.05.04 3. Essential services, as set forth in section 2.01.03 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on EXHIBIT an adjacent parcel of land. 4.' Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum http://library.municode.com/print.aspx?h=&clientlD=13992&HTMRequest=http%3 a%2£.. 7/19/2012 Municode Page 8 of 19 of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. On lots/parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. 5. One guesthouse, subject to section 5.03.03 6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 7. Excavation and related processing and production subject to the following criteria: These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00 c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 6. Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. The site area shall not exceed 20 acres • http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3a%2f... 7/19/2012 Municode Page 9 of 19 8. Essential services, as set forth in subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 10. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot lien may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) ESTATES: CONFORMING CORNER LOT R.O.W A P/L R.O.W FRONT SETBACK 37.5' REDUCED BY 50% V i P/L PIrL 180' FULL FRONT C—30 J LOT <------ --------------> WIDTH SETBACK SIDE * SETBACK n SIDE ! 30' SETBACK:, V / P/L * Example-lot width may vary,but never less than 150' R.O.W -SETBACKS MEASURED FROM R.O.W. LINE R.O.W -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE — i http://library.municode.com/print.aspx?h=&clientID=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 10 of 19 b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) ESTATES: NON-CONFORMING CORNER LOT R.O.W A - - f/L- - - - - - - - - - R.O.W A REDUCED V15 FRONT SETBACK I I I 105' LOT E 75' 10%LOT 10,5' WIDTH FULL FRONT WIDTH P SETBACK 10%LOT WIDTH P(L W 10.5' - - - - - - -� PL- - - R.O.W 'R.O.W -SETBACKS MEASURED FROM R.O.W. LINE -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE — - - C. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. (Ord. No. 06-63, § 3.C: Ord. No. 07-67. §3.C: Ord. No. 08-11, §3.D: Ord. No. 08-63, §3.C; Ord. No. 10-23, §3.E) 2.03.02 - Residential Zoning Districts http://library.municode.com/print aspx?h=&clientID=13 992&HTMRequest=http%3 a%2£.. 7/19/2012 Municode Page 11 of 19 A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve, and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single-family districts (RSF). a. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 5.05.04 3. Schools, public. This includes "Educational plants;" however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts. 2. Private docks and boathouses, subject to section 5.03.06 3. One guesthouse, subject to section 5.03.03 4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in section 10.08.00 1. Noncommercial boat launch and multiple dock facilities, subject to the applicable review criteria set forth in section 5.03.06 2. Churches. 3. Schools, private. 4. Child care centers and adult day care centers. 5. http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 12 of 19 Cluster development to include one- and two-family structures, subject to section 4.02.04 6. Golf courses. 7. Group care facilities (category I); care units subject to the provisions of subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-183 F.A.C.; all subject to section 5.05.04. 8. Category II group care facilities and care units subject to section 5.05.04, only when the tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. a. Permitted uses. 1. Single-family dwellings. 2. http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2£.. 7/19/2012 Municode Page 13 of 19 Duplexes, two-family dwellings. 3. Multi-family dwellings, townhouses as provided for in section 5.05.07 4. Family care facilities, subject to section 5.05.04 5. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-6 district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Schools, private. Also, "Ancillary Plants"for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to §400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 8. Cluster development, subject to section 4.02.04 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi- family 12 district (RMF-12) is to provide lands for multiple-family residences having a mid- rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple- family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land httn://library.municode.com/print.aspx?h=&clientID=13992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 14 of 19 use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-12 district (RMF-12). a. Permitted uses. 1. Multi-family dwellings. • 2 Townhouses, subject to the provisions of section 5.05.07 3. Duplexes. 4. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. 5. Family care facilities, subject to section 5.05.04 6. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-12 district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 5. Schools, private. Also, "Ancillary plants" for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi- family-16 district (RMF-16) is to provide lands for medium to high density multiple-family http://library.municode.com/print.aspx?h=&clientID=13 992&HTMRequest=http%3 a%2£.. 7/19/2012 Municode Page 15 of 19 residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-16 district (RMF-16). a. Permitted uses. 1. Multi-family dwellings. 2. Townhouses, subject to the provisions of section 5.05.07 3. Family care facilities, subject to section 5.05.04 4. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-16 district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 5. Schools, private. Also, "Ancillary plants"for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. http://library.municode.com/print.aspx?h=&clientlD=13992&HTMRequest=http%q3 a%2f... 7/19/2012 Municode Page 16 of 19 Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 1. Hotels and motels. 2. Multi-family dwellings. 3. Family care facilities, subject to section 5.05.04 4. Timeshare facilities. 5. Townhouses subject to section 5.05.07 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RT district. 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. 3. Private docks and boathouses, subject to section 5.03.06 4. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Marinas, subject to section 5.05.02 3. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 5. Private clubs. 6. Yacht clubs. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 17 of 19 8. Ancillary plants. d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 1. Single-family dwellings. 2. Duplexes. 3. Multi-family dwellings. 4. Mobile homes. 5. Family care facilities, subject to section 5.05.04 6. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the VR district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. Storage, repair and maintenance areas and structures for fishing and farming equipment, when used by the residents of the permitted use. c. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in section 10.08.00 1. Boatyards and marinas, subject to section 5.03.06 and the applicable review criteria set forth in section 5.05.02 http://library.municode.com/print.aspx?h=&cli entlD=13 992&HTMRequest=http%3 a%q2f... 7/19/2012 Municode Page 18 of 19 2. Child care centers and adult day care centers. 3. Churches. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 4.02.04 6. Fraternal and social clubs. 7. Schools, private. Also, "Ancillary plants"for public schools. 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built r,omes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the lmmokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 5.05.04 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 19 of 19 TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 5. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures customarily associated with mobile home development such as administration buildings, service buildings, utilities, and additions which complement a mobile home. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. One single-family dwelling in conjunction with the operation of the mobile home park. c. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Schools, private. 5. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. (Ord. No. 08-11, §3.E) http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 AMENDED CERTIFICATE OF SERVICE A copy of the foregoing was forwarded via US Mail to Jeffry Steven Perlow, Esq., 5425 Park Central Ct., Naples, Florida 34109-5934, and to the Respondents named above, at 4641 5th Ave. NW,Naples, Florida 34119-1515, this 19th day of July, 2012. BY: JEFF E. WRIGHT Asis‘ant County Attorney 5 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner/Movant Case No: CEOCC 20120002338 v. ROBERT E. AND COLLEEN ROSSOMANDO, Respondents OBJECTION TO MOTION FOR REHEARING COME NOW ROBERT E. ROSSOMANDO and COLLEEN ROSSOMANDO, by and through the undersigned attorney, and object to Petitioner's motion for a rehearing in the instant matter, stating as follows: Article IX, Section q, of the Collier County Code Enforcement Board Rules and Regulations states, in part, as follows: "A party may motion a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board." The allegation before the Code Enforcemnet Board was that respondents were in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 2.02.03. Extensive evidence and testimony were presented on this issue by both the petitioner and the respondents. The County presented evidence that the respondents were renting out rooms in a house which they also maintain as a residence. Petitioner argued that a six month rental period was permitted. However, 2.02.03 makes no such reference to said time period. At the same time, Petitioner argued that any rental period less than six months is prohibited by the same Section. Petitioner argues for the rehearing, in part, on the basis that "During the hearing, irrefutable and uncontroverted evidence was presented to show that, under applicable zoning, such a use is not a valid permitted, conditional, or accessory use." The Petitioner further argues that if the use is not listed as permitted, it is prohibited. Yet, using this very same reasoning, the six month rental period is also prohibited. The Petitioner would have the Code Enforcement Board establish a precedent that only a six month or more rental use is permitted. At the hearing, petitioner stated "it looks like six months is pretty much the least amount of time that you can rent out a piece of property without it becoming a transient use and we're getting into the hotel/motel use at that point." (page 20 of the transcript). Clearly, this is a line of reasoning that the Board was unwilling to accept. The ordinance itself and extensive testimony regarding same were reviewed at the time of this hearing. The Board considered all of the relevant factors involved in this particular case, including the fact that the respondents have paid taxes on the rentals, have utilized this property as their home, and also made extensive inquiries on the usage issue before commencing to rent out rooms. Petitioner, in its rehearing request, addresses the issue of "hotels and other transient lodging facilities." However, this is an issue that was thoroughly covered at the time of the hearing. It was evident from the testimony that the respondents are not operating a hotel, based upon the very statutory definition of same. The decision of the Code Enforcement Board was not contrary to the evidence. It was a very close decision based upon all of the evidence presented. Petitioner, in fact, notes in its rehearing request that "This very close vote followed considerable deliberation and debate." Petitioner cannot now ask for a rehearing because it simply disagrees with a close, well thought out, deliberate decision. The second reason postured by Petitioner as as a basis for rehearing is that the Order involved an error on a ruling of law. However, Petitioner does not cite one case or provide any statutory authority to support its position. Petitioner simply disagrees with the decision and calls this an error on a rule of law. There certainly was no such "changing of the Estates zoning district to allow transient lodging" as the petitioner alleges. The Board only found that these particular respondents, based on all of the testimony and evidence submitted, did not violate the referenced ordinance. The Petitioner argues that the ruling was inconsistent with the language and intent of the County Land Development Code and the County's Growth Management Plan. Yet, Petitioner's allegations of inconsistencies are just opinions unsupported by any case law. Clearly, the opinion of Petitioner as it related to the CEB'S order does not establish an error on a ruling of law which was fundamental to the decision so as to justify a new hearing. Wherefore, Respondents respectfully request that the Petition for a Rehearing be denied. Respectful _• • -. Jeffry S. Perlow, Esquire 5425 Park Central Court Naples, Florida 34109 (239) 514-2910 (239) 593-1169 fax Florida Bar 354759 jeffperlow@hotmail.com CERTIFICATE OF SERVICE A copy of the foregoing was forwarded via US Mail to Jeff E. Wright, Esq. 3299 Tamiami Trail East, Naples, Fl. 34112 on this 8th day of August, 2012. Jeffr . 'erlow, Esquire Colleen Crawley From: irisnaples @aol.com lent: Thursday, August 16, 2012 3:13 PM To: Colleen Crawley Subject: case CESD20110016035 LaBrie at 266 6th st To Colleen Crawley: Per our phone conversation, I respectfully request for a continuance in the above case until I am finished with the Physiatrist through the office of Dr. Clark MD. in Concord, NH Hospital location. I was rear ended by a vehicle which left me not walking even one step without crutches to wheelchair. This doctor has helped me regain limited mobility, but approaching age seventy has taken a year of extended work to get that mobility. My husband died after an accident so no longer have any help. My last appointment with that Physiatrist in the second week of September, at which time I will be able to return to Florida. I believe I have retained John Kuszlyk to oversee the finished railing project to complete the building project. The property has been recently mowed and trimmed this week. Thank you for your understanding. I expect it to be finished soon. Iris LaBrie 1 I I CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120004317 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PACIFICA LAUREL RIDGE LLC % PACIFICA COMPANIES LLC, Respondent(s) Danny Bennett, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06(B)(1)(a) LOCATION OF VIOLATION:5543 Laurel Ridge LN, Unit:107 SERVED: PACIFICA LAUREL RIDGE LLC % PACIFICA COMPANIES LLC, Respondent Danny Bennett, Registered Agent 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 WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)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 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. CESD20120004317 Pacifica Laurel Ridge 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 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation:A.0 handler installed without valid Collier County permits. 3. Location/address where violation exists: 5543 Laurel Ridge LN Unit# 107, Naples, FL 34116, Folio#3618008008 4. Name and address of owner/person in charge of violation location: Pacifica Laurel Ridge LLC %Pacifica Companies LLC, c/o Danny Bennett,236 E 6th Ave, Tallahassee,FL 32303 5. Date violation first observed:March 15,2012 6. Date owner/person in charge given Notice of Violation: March 26,2012 7. Date on/by which violation to be corrected: April 21,2012 8. Date of re-inspection: May 25,2012 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of July, 2012 Jonath Musse Code E cement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 30th day of July,2012 by Jonathan Musse ►��i ill..Ia 1 .4(' ature of N.' Pte!..lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally kno 1, x_or produced identification Type of identification produced BHitIEY GARCIA NlOTARY PUBLIC ;. STATE OF FLORI u:',. R • EV 1-4-12 Comm#DDQg43q�� F't9� Expires 12/21/2 ! •l-I. / I . Case Number: CESD20120004317 Date:.March 22, 2012 Investigator: Jonathan Musse Phone: 239-252-2411 • Cell: 239-877-8134 • COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PACIFICA LAUREL RIDGE LLC % PACIFICA COMPANIES LLC 1785 HANCOCK ST STE 100 SAN DIEGO, CA 92110 • Registered Agent: Danny Bennett 236 E. 6TH AVE. • Tallahassee, FL 32303 • Location: 5543 Laurel Ridge LN, Unit:107 Unincorporated Collier County Sec: 16 Twp: 49 Range: 26 Zoning Dist: PUD Folio: 36180080008 Property Legal Description: GOLDEN GATE UNiT 4 PART 1 THAT PORTION OF TR A DESC AS: COMM AT CTR LI INTERSECTION OF SANTA BARBARA+ 16TH PL .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) -irtificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Jmpletion 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 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. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATiON(S). Did Witness: .A/C handler installed without valid Collier County 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 • --cupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. • • • • • ON OR BEFORE: 04!21/2012 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 Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY:_ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT - 2800 North Horseshoe Dr, Naples, FL 34104 Investigatok\Si ature Phone: 239 252-2440 FAX: 239 252-2343 Jonathan Mus.e Signature and Title of Recipient Printed Name of Recipient March 22, 2012 Date • • • • • 1 I 1 N ° D � mo m o C3D CI) � o D a oo w -4- ? � 3 MDt I =C) 73 O) Z0 � Q N � . .� a :�, --- ® " gym O_ � � � � � � ''+ _�' Q CAD m r; .� ��. SD om. Cl `C ) W O N O �.: cn -4, ® � °� ® so = m ® n .:• � ocD � o O; j I. vn D CD m i N-'C ,.n m CD :. C P p �. .r O' Do CD m cr ® ■ . , -� ci. m�m CD m = -� CD , / a cD £fl . a 0 m CD m 'aZt ., 0. z, a -i '&' 1) 0.,.?' .i7r-------oi::';:.i. a 23 m . ::: ,:,-,.....0•:-: R 0 DO El ; .,- a ail 4 m• -:: 1.,J•.;;-.1,. .::::::.., M (� N y '�: m K O Cl) r. 0 �: -C-11 'J O cn co m CD N eD CD N a. i: • CD co• tr�'S, .... gin' J m:-::� - a 10°02°06 Submittal Requirements. for Permits 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. LUND 33,3LU,000-.UU P d Q.) Consideration: $ 3,320,000.00 - Doc Stamps: $ 23,240.00 Recording: $ 44.00 Prepared by and return to: Richard J.Levin,Esq. Cumsky&Levin LLP 6 University Road Cambridge,MA 02138 SPECIAL'WARRANTY DEED THIS INDENTURE is made as of this 21st day of June,2011 between CYPRESS POINT LIMITED PARTNERSBIP, a Mississippi Limited Partnership, as Grantor, whose address is do Boston Capital Partners, One Boston Place, Suite -1 i 0., Bos .:. chusetts 02108 and PACIFICA LAUREL 7, RIDGE, LLC, a Florida limited Iiabilat c r.J ,- tutu- ose address is do Pacifica Companies LLC, 1785 Hancock Street, Suite 10cC-tairDiego, California 1 WITNESSETH: That lie ranto for�aad -,c iderat n f the sum of TEN AND 00/100 DOLLARS (S10.00) and other v. uable oc n de ns to said G?`antoi the receipt whereof is hereby • acknowledged, has granted, brrga'a- of tAee n`i raritee's successors in title forever • the following described land I cat: the ounty fir, §iagi of Floor da,to-wit: As described in E it "A" attached hereto and by :! nce made a part hereof (the "Property'), ; ', Property tax ID 36"81j,' Numbers: Grantor hereby covenants with Grantee i e.aira - ed of the aforesaid Property in fee simple; • that it has good right and lawful authority to se an convey said Property; that it hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor,but against none other, excluding from said warranty, and the Grantee taking subject to, • all easements, restrictions, reservations, liens, encumbrances and other matters or claims of record, if any, and taxes, including, without limitation, the Extended Low-Income•Housing Agreement dated August 8, 1994 by and between Florida Housing Finance Agency and the Grantor recorded with Collier 'Jr; County Official Records Book 1979, Page 1540, the requirements and restrictions of which are incorporated herein by reference and the Grantee by acceptance and recording of this deed hereby agrees to assume and be bound by said requirements and restrictions. TO HAVE AND TO HOLD the same together with all and singular and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, Iien, equity and claim whatsoever of Grantor, either in law or in equity, for the use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. • [This Page Ends Here—Signature Page Follows] Witnesses CRESS POINT LIlV1<ITEI3 PART1dERSHI]P, a Mississippi limited partnership By: BCP .res- Point LLC,a Massachusetts limited 1,m� - - `` liability co zany, its General Partner mess j Print name:\r It _e„ve.�.i OF 7 Id -k By: Name: J�.hnP. ` anjng �•�itness fK//ELL, Title: •nager Print name: f e',r� Hereunto duly authorized CHUSETTS • COMMON► � `'fl� '(It ,>>N Suffolk, ss. 7 / 1 .tee noersign notary public, personally appeared On this �day of June, 2�ll,�be1� rove to m , o ti, •«., - •( i e o ,identification, which was on the John P. Manning, who 1 • ,e s i e w-, o\?be ,,e person whose name a f � ( n personal or attached[� m , , d ac le gedi t$ me t\atjhe red it purpose as Manager of BCP C t voluntarily for its stated preceding or attached docu +P-,. s Point Limited Partnership. enera`'a /) J \\71"\- \ -4,-oint L C `� - •. sic c .. ?�_ 5 mission expires: •7: 'Up• /^ ;,., • :::f . t •:r�e:e r=i.^ .s ., a=a�.i,�',x�x r'r ut �' !� j' [Continued Next Page] = ,. • , My Commission Epires i January 16.2015 t , 2 \Deed v2(06-15- C:\Documents and Settings\trivert\Local Settings\Temporary Internet Files\ContentOutloolAKS3ZM 2 . _ _,.__.__."....,i cPttinds\Temporary Interact Fil es\ContentOutlook\I33ZMUW2\Deed v2(06- d The undersigned Pacifica Laurel Ridge, LLC hereby acknowledges that it is taking title to aforesaid premises subject to the aforesaid Extended Low-Income Housing Agreement dated August 8, 1994 by and between Florida Housing Finance Agency and the Grantor, and Pacifica Laurel Ridge, LLC hereby agrees to assume and be bound by said requirements and restrictions. PACIFICA LAUREL RIDGE,LLC, a Florida limited liability company I ii\A-0-7 — • By:r/� ik& A Dee.: Israni ustee of D •• .any, C Section 401(k)57.\/,i i }I.eo t ••.••Ian and Trust /0.-\) 41,,,...?„;.\\ rizi.„..„,1 , 111 s ( 1 (.7 ''.\1__;.:") \'.-_: 'ri (71' .1 ' i T.-- i . ' �� C / 1 • • CALIFORNIA ACKNOWLEDGEMENT • STA FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) . On 1.7 i c�,Q i / , before me, D. Hummer, a Notary Public personally appeared Deepak Israni who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the.same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. . I certify under PENALTY OF PE• 'C diii 'la••. of the State of California that the foregoing paragraph is true, ct. —Ai.),WITNESS my hand and off. icial�7s F - f✓ — •P w ornmtsslon el 1926816 Signature _,k _Aitlitf `Z ;1. z't.e, .): _. H is n Public-Cafifornlr z D. Hummer, N t Publie, . ) ) I ego County a (,,,) O C mm.Ex Ues Mar 10,2015 'C'. ) I/,,, ...-•/ ; r> r i c.. .�. • • • • EDIT "A" . • PROPERTY DESCRIPTION Lots 1, 2, 3 and 4, and Lots 13, 14, 15, and 16, Block 152,of that certain subdivision Imown as GOLDEN GATE UNIT NO. 4, PART"1, according to plat thereof on file and recorded in the office of the Clerk of the Circuit Court of CoIIier County, Florida, in Plat Book 9,page 122, described as follows: Commencing at the centerline intersection of Santa Barbara Boulevard and 16th Place Southwest as shown on the plat of GOLDEN GATE UNIT NO.4, PART 1, as recorded in Plat Book 9, page 122,of the public records of Collier County, Florida;thence along the center line of 16th Place Southwest, East 580.40 feet thence North 30.00 feet to the Northerly right-of-way Line of 16th Place Southwest and the Place of Beginning;thence along the Northerly right-of-way line of 16th Place Southwest,West 503.14 feet;thence 38.93 feet along the arc of a circular curve co ortheast, radius of 25.00 feet, chord bearing North 45° 23'29" West 35.11 feet to er --i fa • 'ne of Santa Barbara Boulevard; thence kA' ► ,T orth 00° 46'57" West, 280.03 feet; along the Easterly right-of-way Iine�o�� Barbara Bo �;� thence 39.61 feet along the arc ofia krcti1ar curve concave to eSo theast, radius of 25.00 feet, chord bearing North 44°36'32" East, 3A.59/feet to the.Southerlyfright-oh--wa line of Green Boulevard; thence East along the Southerly right-o wa f lin o green 1oulev. 11, East'5,06. 7 feet;thence South 330.00 feet to the Northerly right-of-way life o ,I , Elie - • offBeginning. -AND- ( /°r1 1„ r Lots 5, 6, 7, 8 and a portion of L , Block 152, of tha ' erta I su CI sion 'mow as GOLDEN GATE ■ e plat thereof on fi =dire in the office of the Clerk of the UNIT NO. 4, PART 1, according P ')��`� ribed as follows: Circuit Court of Collier County, FIb r' ,in Plat Book 9, page -1-t -' ----c1S-S-> Commencing at the centerline intersec -Boulevard and 16th Place Southwest, as shown on the plat of GOLDEN GATE UNIT 1 RT 1, as recorded in Plat Book 9, page 122, of the public records of Collier County, Florida; thence along the centerline of 16t Place Southwest, East 1135.40 feet; thence North 30.00 feet to the Northerly right-of-way line of 16th Place Southwest and the Place of Beginning; thence along the Northerly right-of-way line of 16th Place Southwest, West 555.00 feet; thence North 330.00 feet to the Southerly right-of-way line of Green Boulevard; thence along the Southerly right-of-way line of Green Boulevard:East.555.00 feet; thence South 330.00 feet to the Northerly right-of-way line of 16th Place Southwest and the Place of Beginning. LESS AND EXCEPT Lots 9, 10, 11 and the East 24 feet of the South 42 feet of Lot 12,Block 152, GOLDEN GATE UNIT NO. 4, PART 1, which are described as Parcels 13, 14, 15 and 20, in that certain Deed recorded in Official Records Book 1335, page 1054, et seq., of the public records of Collier County,Florida. BEING ALSO DESCRIBED AS: A portion of the Southwest 1/4 of Section 16, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the intersection of the centerline of 16th Place Southwest with the West boundary of the Southwest 1/4 of said Section 16, as shown on the plat of GOLDEN GATE UNIT 4, PART 1, as recorded in Plat Book 9, pages 121 through 124, of the public records of Collier County, Florida; thence North 90° 00'00" East, 686.40 feet along said centerline; thence North 00° 00'00" East, 30.00 feet to the North right-of-way Iine of said 16th Place Southwest and'the Point of Beginning; thence South 90° 00'00" West, 4 _ ..... ,,, __-,r....i...,7.wc171.d711171∎FlPPri v2(06-15- 609.14 feet along said right-of-way line to the beginning of a curve concave to the Northeast having a radius of 25.00 feet; thence Northwesterly, 38.93 feet along said right-of-way line and curve through a central angle of 89° 13'03", to the East right-of-way line of Santa Barbara Boulevard, as recorded in Plat Book 9, pages 121 through 124; thence North 00°46'57" West, 280.03 feet along said right-of-way Iine to the beginning of a curve concave to the Southeast having a radius of 25.00 feet; thence Northeasterly, 39.61 feet along said right-of-way line and curve through a central angle of 90°46'57"to the South right- of-way line of Green Boulevard, as recorded in said Plat Book 9, pages 121 through 124; thence North 89° 58'38" East, 1062.47 feet along said right-of-way line; thence South 00° 01'54" East, 165.04 feet., thence South 89° 59'03" West, 425.25 feet; thence South 00° 01'30" East, 123.20 feet; thence South 90° 00'00"West, 24.00 feet;thence South 00°,05'55"West, 41.92 feet to the Point of Beginning. / -� Coy r4 1 ,/ 1 1 Vv/ f • 5 _ 2 ma MT,nrP•rl VZ(0b-15- Afr I 9 U 0, y-' ()ail 5 20'1 4:37 prn COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT#: PRHV2012081717401 PERMIT TYPE: HV ISSUED: 08-16-12 BY: APPLIED DATE: 08-16-12 APPROVAL DATE:08-16-12 MASTER#: COA: JOB ADDRESS: 5543 Laurel Ridge LN,Unit:107 JOB DESCRIPTION: REPLACE A/C EQUIPMENT 2-TON(CESD JOB PHONE: 20120004317)5543 LAUREL RIDGE LN# 107 SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 36180080008 SECTION-TOWNSHIP-RANGE: 16-49-26 OWNER INFORMATION: CONTRACTOR INFORMATION: PACIFICA LAUREL RIDGE LLC%PACIFICA Monroe Service Co COMPANIES LLC PO Box 5451 1785 HANCOCK ST STE 100 Key West,FL 33045 SAN DIEGO ,CA 92110- CERTIFICATE#:<No Valid License Found> PHONE: FCC CODE: 999 CONSTRUCTION CODE: 0207 JOB VALUE: $1,200.00 TOTAL RES SOFT: 0 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120004317 Board of County Commissioners, Collier County, Florida Vs. Pacifica Laurel Ridge LLC Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Jonathan Musse, Code Enforcement Official Department Case No. CESD20120004317 DESCRIPTION OF VIOLATION: A/C handler installed without valid Collier County 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 X_ days of this hearing or a fine of $ X 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.Pacifica Laurel Ridge LLC. % Pacifica Companies, LLC Inv. Jonathan Musse Department Case No CESD20120004317 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120001351 COLLIER COUNTY, FLORIDA, Plaintiff, vs. STEVE &ALICE POSELEY, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:706 W VALLEY DR SERVED: STEVE & ALICE POSELEY, Respondent Delicia Pulse, 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 W-I0 NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. Colleen Crawley From: MuchaJoseph Sent: Tuesday, August 21, 2012 10:33 AM To: Colleen Crawley Cc: PulseDee Subject: CEB continuance request for Poseley, CESD20120001351 From: Alice E. Poseley [mailto:aposeley(@touchtronics.com] Sent: Tuesday, August 21, 2012 10:30 AM To: MuchaJoseph Cc: Steve Poseley Subject: hearing scheduled for Aug 23 Hi Joe, As you know,Steve is currently in Florida at the 706 W. Valley Drive,apt A location. He just had two inspections and was approved on the plumbing and framing. He will be there until Aug. 28th. He is planning to get the electrical and occupancy done on this trip. Per our verbal conversation last month,we thought we had until September to complete the remodel,so if needed we had some extra time if it was not completed by the end of this trip. Can you please help us get a continuance on the hearing date since we have made such good progress? It would be very helpful to us by letting Steve focus on getting the repairs completed and not need to take a day out for the hearing. Thanking you in advance, Alice E. Poseley President TouchTronics, Inc. 57315 Nagy Drive Elkhart, IN 46517 USA Of 800-294-2570 Of 574-294-2570 Fx 574-293-1611 Mo 574-596-2262 aposeleyPtouchtronics.corn www.touchtronics.corn Under Florida Law. addresses are public records. It you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120001351 Steve and Alice Poseley, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Collier County Code of Laws and Ordinances 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)(I)(a)and(e) 2. Description of Violation: Interior Demo work being done--no permit obtained. 3. Location/address where violation exists: 706 W Valley Dr Bonita Springs, FL 34134 Folio: 24537040001 4. Name and address of owner/person in charge of violation location Steve and Alice Poseley 24741 NE Ce Dah Dr Elkhart, IN 46516 5. Date violation first observed: January 27,2012 6. Date owner/person in charge given Notice of Violation: February 4,2012 • 7. Date on/by which violation to be corrected: February 29,2012 • 8. Date of re-inspection: July 2, 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 •ublic hearin•. Dated this ZS day of-3u\( , 2012. V'°4.3arl°A° t-411—s"e Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thisL day of,� �� 2012 by Dee Pulse ( ignature of Notary/Public) (Print/Type/Stamp Commissioned Name of Notary public) Personally known ✓ or produced identification NOTARY PUBLIC-STATE OF FLOR1hA Type of identification produced Kerr `QaIT1S • ■' Cn�.mission>r EE005769 Expires: JUNE 30,2014 BODED TBRU'ATLAicncBO1vD G00..INC. REV 1-4-12 Case Number: CESD20120001351 Date:January 27,2012 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: POSELEY, STEVE &ALICE 24741 NE CE DAH DR ELKHART, IN 46516- Location: 706 W VALLEY DR Zoning Dist: RSF-4 Property Legal Description: BONITA SHORES UNIT 2 BLK 19 LOT 24 Folio:24537040001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Interior Demo work being done--no permit obtained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Growth Management Division. ON OR BEFORE: February 29, 2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT ►�%� —� 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse Signature and Title of Recipient Printed Name of Recipient Date II 4110 ,, sA y a v 4 g } rn ❑.�''• 5,is - w �A J N O :C M O E w ^m O N E it q m m • 2 m� uS Q o g o z q m DDD y € 0 m y F E W d a . y ID c ' `g "F, w U ¢ c S 115 C.) d !C ra d vi a E ru ..o cc ? o 1 E a� ` m J Ln O v 0` •yt j Collier County Code of Laws and Ordinances Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required)Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and (e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : 2957590 OR: 3009 PG: 1238 um= Ii Ot1ICIAL UCOID$ of awn COIRI, OL Ft 1 0 �ktr ,2YS�70VO�D/ H/11/2112 at 11:3511 MICR I. 11100, CLIII 0OU 11101.11 UC III 11.51 DOC-.1O 111.11 Iota: IflODD 1 i WO I P03111 24741 MCIMI It ILIUM II 41514 LF291i-01 8298.04 QUITCLAIM DEED THIS QUITCLAIM DEED,executed this .2 3 day of A4arc1•. , 2001 , by first party, Grantor. Rose M . 4 - k. ,41 c 6, kt n i S whose post o f f i c e address is a.44 7 q/ N e e_e..10.-1,, Dr., f I kL1a. f, / N yG Si d to second party.Grantee, 51-eve 8 t e, 64..e4v, v s km K.l it u1 : s e whose post office address is .1 e( y�.,Ne C e IPo.L1 D l., ` f C v t,,l e/ I/6 5-7 6 f ` \i '___—v` WITNESSETH.That!the �' o ccl st r n and for the sum of 4„ Otte Wor ch.-4 ¢ Cu,.Q Te4, �h,4Marls `- i`/ �� nollars($1 10 DUD ' ) paid by the said second party. :°'1 e�..-ilr ,lie - •y ac le i�ecif does hereby remise, release and quitclaim unto the said .- . y forever,all the ri 14 t, title, int4ti-5i claim which the said first party has in and to the following .: i 'bed parcel of land, s:M phov and appurtenances thereto in the County of Ca 1/,et- , State of- �e,Ia,- to wit: No /344 try Leek __,,.----,-,"A-\''-',/\- , 706 w.y* t) /4 101- v'- &,1, Srr,'il 3 , P t:. 3///3y • tort 7t.I, Block If, Boles,A- 51164.e-5 , Uk,t f 0- its re co H.G.6 ;A pike-i,o t 5, Q f4i4-413, eC- g... Po 6l ic, et(oar Qu if i a.— Ca.,i,fy , p-1°redid.. o 1992.2001 Maio E-Z Produces Mc. `1 Roy. UMW This radio dos ant arrirrr the reader*of legs Brice or services.This pnduct is breadsd for ikreetioaal use way win sot a u,batiauc lor kind advice-Sur law vary.so cows*as sumrey as all legal satins.This product was not aeceuarily prepared by a peruse Il'rocd to practice law in your state. AZAB 1 1 *** OR: 3009 PG: 1239 *** IN WITNESS WHEREOF,The said first party has signed and sealed these presents the day and year first bove written. Signed,sealed and delivered in presence of: -4,.., 1-2i, ,.,, .,,t..fre.-2w__.-7- 1_i :lure of Witness Signature of trst Puny r - . i.. - . p s l 1 1'1 c cT I h n t`S Print n —_ Print ame of rst Party Signature of First Party A rldhgalE. '_ (' kc St.,.to Irt ft>c 1< Print name of Witness Print name of First Puny 4 /r'c t'_ E, #. .s.4 - State of g,.... County of E t_441,.4 __)j - OD G , On 3-.13.o a- before me, , appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(fs), .1-7*!' iUic, _ /their signature(s)on the instrument the person(s),or the entity upon behalf of�a�hich, i c.�( xecuted the instrument. WITNESS my hand and o icial seal. ^t\. /-�� Cd 7 / .1.1 z- Signature of / �` '1� `_----- —5`` \ , 5 %,ca t.3 Iii i �t own jp•.. ( L,', a .Il, k fj;"�\) ��y �•I of ID 'ic: (3ea7�' t .+« } EJ State of �_ C �� �s - / i ..at County of f.L I tiA- . \ :1/- r� .e-` ' On 3-a3 �- " appeared t ` . ,_ personally known to me(or provedlin,the basis of satisf t 5 evidence)to 'd persoti(S)whose . . names)is/are subscribed to the withiNistiti~''t, dw jdged to me t�t ecuted the same in his/her/their authorized capacity(ies-g t l isitierhheir signatures)on the ipstrumenLthe person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand o 1 'al seal. 3-1).-oZ Signature of Notary S A',..1. (4 0., , (`1) �� 4, toaa Affiant sown Produced ID)< Type of ID i c -1....�.•t,,,:ir, Soadr/r.'...K4q.....1.7*-"*fgeiligl . '''' '.0' ' •t,''.' '. ' .. ignature of Preparer //a/;—ryl • Print Name of Preparer 1 • ; ' '474/ 4kce� 4 �•► y Address of Preparer yG r -�.. NV 2 COLLIER COUNTY CODE ENFORCEMENT BOARD OSM CASE NUMBER CESD20120001351 Board of County Commissioners, Collier County, Florida Vs. Steve and Alice Poseley Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required)Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and (e) Dee Pulse, Code Enforcement Official Department Case No. CESD20120001351 DESCRIPTION OF VIOLATION: Interior Demo work being done--no permit obtained. 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. Steve & Alice Poseley Inv. Dee Pulse Department Case No CESD20120001351 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: CESD20110016681 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KRG 951 &41 LLC, Respondent(s) CORPORATION SERVICE COMPANY, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) LOCATION OF VIOLATION: Folio#726240005 SERVED: KRG 951 & 41 LLC, Respondent CORPORATION SERVICE COMPANY, Registered Agent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as 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. CESD20110016681 KRG 951 &41 LLC,Respondent(s) STATEMENT OF VIOLATION AND REOUEST 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 10.02.13(F) 2. Description of Violation: Failure to submit annual PUD monitoring report. 3. Location/address where violation exists:No site address.Folio 726240005 4. Name and address of owner/person in charge of violation location: KRG 951 & 41 LLC 30 S. Meridian St. Ste. 1100 Indianapolis, 1N 46204 C/O Corporation Service Company 1201 Hays St. Tallahassee,FL 32301 5. Date violation first observed: 12/12/2011 6. Date owner/person in charge given Notice of Violation:5/25/2012 • 7. Date on/by which violation to be corrected: 6/25/2012 8. Date of re-inspection: 6/26/2012 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this '?1' day of j // , 2012 1� j ,.-) Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this).° day of5lil ,2012 by /0,2,4 tic-7e 5 !144I...4 Mi. I. I C C -- ignature o No . Public)) (PrintlType/Stamp Commissioned Personally ii own Name o Not 1' .t GARCIA �'or produced identification NOTARY UHL(C Type of identific on produced j STATE OF FLORID. v +i'i' Comm*D .,. . D0945&3r: • `rl:E ic) Expires 12/21/20 (j REV 1-4-12 Case Number: CESD20110016681 Date: May 25,2012 Investigator: David Jones Phone:2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KRG 951 &41 LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN 46204 Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Location: Unincorporated Collier County Zoning Dist: Property Legal Description: 3 51 26 COMM INTERSEC OF SLY R/W LI SR 90 WITH E R/W LI SR 951,ALG SLY R/W SR 90, S54 DEG E1500.10FT TO POB, CONT Folio:726240005 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. Monitoring Requirements. Collier County Land Development Code 04-41 as amended, section 10.02.13(F) • F. Monitoring requirements. In order to ensure and verify that approved project densities or intensites of land use will not be exceeded and that development committments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s)of a PUD to the County Manager or his designee.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Failure to submit annual PUD monitoring report ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. You are responsible for filing an Annual Monitoring Report with Collier County on the anniversary of your PUD's approval. The requirements for Monitoring Reports are set forth in Sections 10.02.13(F) and 10.02.07(C)(1)(b) of the Collier County Land Development Code. You must submit your report on or before June 25th 2012. Per County Code you are obligated to submit the following: Two completed copies of the PUD Annual Monitoring Form: One of three traffic county options: One executed affidavit. Failure to provide these reports and documents can result in non-issuance of development permits and approvals. ON OR BEFORE:June 25, 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 • i I 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 David Jones Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Respondent(s): Code Case Number: CESD20110016681 KRG 951 &41 LLC THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: • I David Jones, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at Folio 726240005 , on 5/25/2012 (Date),at_1:00pm (Time), and at the_X_Collier County Courthouse_Immokalee Courthouse. (Signature of Code Enforcement Official) David Jones '' STATE OF FLORIDA COUNTY OF COLLIER Sworn to'(or affirmed)and subscribed before me this . 'day of 2012 by David Jones(Name of person rn ing statement) 1 ( ignatur t9f TE 0,FLORIDA Barr J. Garbrough Commission#DD974207 ,.,,,,.,.•" Expires: MAR.23,2014 BONDED TERD ATI.ANTICBD.NDLAIG CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) i •ersonaiiy known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20110016681 Respondent(s): NOV mailed Reg/Agent Regular/Certified#7011 1570 0000 0064 02-PA Case#CESD20110016681 DJ-97 NOV U.S. Postal ServIceT.$ CORPORATION SERVICE COMPANY CERTIFIED MAIL,, RECEIPT 1201 AL HAYS STREET p (Domestic Mall Only;No insurance Coverage Provided) TALLAHASSEE,FL 32301-2525 p For delivery information visit ourwabsiteatwwwusPS.com w,, THE DESCRIPTION OF THE DOCUMENTS) SERVED: . - ' °" [Check the appJfcable.documenf(s)] o postage $ XNotice of Violation Certified FeA to 1 `' r4.: Notice of Hearing O Return rierelpt Fee� I ttcr (Endorsement Hedui ed I i Notice of Hearing/Imposition of Fines Rtmtrc'ed t).t,,,,,F,. i C:3 (E-PliaMe..mcArair.rall,-1-a. Citation a Case# CESD20110016681 DJ-97 NOV Notice to Appear i CORPORATION SERVICE COMPANY _Code Enforcement Board Evidence Packet o 1201 HAYS STREET Other: rs- 1 TALLAHASSEE, FL 32301-2525 PS Form 3500,Au•ust 2006- .:See Reverse tor instructions I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at above location, on May 30,2012, at 8:30Am. z'' , (Signature of Code Enf,pfc'rnent Official) Kimberly Brandes j� STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or„,affirmed)and subscribed before me this 3. day of May 2012 by Kimberly Brandes (Name of person making statement) {Signs ota N PTikay LIC-STATE OF FLORIDA .i."''''''''' Marlene Serrano tit• =Commission#DD926213 ''Expires: SDP.17,2013 gnrmt:v THRII ATI.A'TIC BONDDIG OO. (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification • Type of identification produced ,- zi p Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. Name of project. b. Name of owner. c. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and any on-site or off-site commitments completed and approved as of the due date of the monitoring report. d. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. e. A traffic count report for all access points to the adjacent roadway network which must be signed and sealed by a professional engineer and performed over a 72-hour weekday period to include 15 minute intervals and turning movements in the PM peak 2 hours; except that the owner(s) of the PUD, in lieu of submitting an annual traffic count report, may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count(s) as defined in -an engineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the major roadway • network used by the development as defined in the originally submitted traffic impact statement. f. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 9. Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. h. Status of commitments in PUD document, including projected completion dates if then established. Other information as may be required by County Manager or his designee. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be given at least 6 month's prior written notice to.a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual-monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning Services Department Director shall automatically transfer responsibility for filing that annual monitoring report. • 36.72582 OR: 3860 PG: 2805 .'3 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:52PM DWIGHT E. BROOK, CLERK CONS 180000.00 This Instrument Prepared By: RIC FEE 27.00 DOC-.70 1260.00 Retn: George P. Langford GOOD GOODLETTE COLEMAN ET AL 3357 Tamiami Trail North • 4001 TAMIAMI TR N #300 Naples, Florida 34103 NAPLES FL 34103 (239)262-2011 FEE SIMPLE DEED THIS INDENTURE made this c:Z day of July,2005,by GEORGE P.LANGFORD, a single man,hereinafter called the Grantor,to KRG 951&41,LLC,an Indiana Limited Liability Company,whose post office address is: 30 S.Meridian Street, Suite 1100,Indianapolis,IN 46204, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in c sill o, •o - sum of Ten Dollars ($10.00) and other valuable considerations, receipt wheieo .i,ter • - •wedged, hereby grants, bargains, sells, aliens, remises, releases, and tr s- unto the Grantee, t certain land situate in Collier County,Florida, to wit: ' \\\ A 6.75%interest in e r77 e r-,.. •. .8 `che?ti Exhibit"A". This deed is being d • -. -d .0 o s y 'th ajd d 0x.,ihhe remaining 93.25% interest in the subject r- property. . , TOGETHER with as 1 e. -nements,heredi -.ts' 9ppurtenances thereto belonging or in any wise appertaining. 4 GRANTOR covenants with Grantee r-is lawfully seized of the property in fee simple;that Grantor have good right and lawful authority to sell and convey the property;that Grantor warrant the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. TO HAVE AND TO HOLD, the same in fee simple forever. IN WHEREOF WITNESS, the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of „,.„.. .. .0, Q�L s: (,),,,:s „ I . E E . ANGFORD (Printed Name itness) 1 .1,/ ess: iMIAVOI111,717WP (Tinted Name of Witness) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this� �day of July, 2005 by GEORGE P. LANGFORD, who is person. • _ - . • me or who has produced as identification. My Commission Expires: �It ' CO 1*/j4 // /,/� Ns„' :' P c L � � i� (SEAL) /� pis/ � �:, / Z� X40 Minnie C Ma I �/ r to e N e o Notary Public) My Commission...-• . t/ ,s,-- ti ‘c.n� Expires September 48, • ( ) D \, I., VI\•■_.-, ‘\ .—.. / ', F.' 1/ \\ste::f.N.....,..T� CIF-CL� a, 0 N cc” O CT 1 I • Tract 56.■ • Exhibit "A" Commencing at the intersection of the Southerly right-of-way line of State Road 90 with the East right-of- way line of State Road 951;-thence along the Southerly right-of-way line of said State Road 90,South 54°20'16" East 1500.10 feet for the PLACE OF BEGINNING; thence continue along said Southerly right- of-way line South 54°20'16" East 797 feet to a point on said Southerly right-of-way line which lies North 54°20'16" West 2363.33 feet from the intersection of said Southerly right-of-way line with the East line of Section.3,Township 51 South, Range 26 fast;thence-South 35°39'14"West 400 feet; thence_North 54°20'16" West 797 feet to a point which lies South 35°39'44" West 400 feet from the Place of Beginning; thence North 35°39'44" East 400.0s z,.--t to the PLACE OF BEGINNING, being a part of Section 3, Township 51 South, Range.26 . = ors••ty, Florida. //' r C 7 `e-..'.\ / -�.,7„ -ter`\ \ Y !IOW T f-:- T.,/Q „)) 1 L 41 i-)\,) -10/ z:tH- ''f''C.-'1,\"N,.,.t,."....,,s.......,...._.\\\\\\''''''------ —-----'--',/.::>(-S1/(...)- - CD CO b 00 O X- X- of • COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110016681 Board of County Commissioners, Collier County, Florida Vs. KRG 951 & 41 LLC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 10.02.13(F) David Jones, Code Enforcement Official Department Case No. CESD20110016681 DESCRIPTION OF VIOLATION: Failure to submit annual PUD monitoring report. 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. Respondent must submit two complete copies of the Planned Unit Development annual monitoring report form, one of three traffic county options, and one executed affidavit 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. KRG 951 & 41 LLC Inv. David Jones Department Case No CESD20110016681 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages, Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 i I CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20120007339 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TIMOTHY TODD LAINHART, LORI RENEE LAINHART, ANTHONY IRA LAINHART& DEANA RENEE LAINHART, 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: 08/23/2012 • 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: Folio#37692280007 SERVED: TIMOTHY TODD LAINHART, LORI RENEE LAINHART, ANTHONY IRA LAINHART & DEANA RENEE LAINHART Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CELU20120007339 Timothy Todd Lainhart,Lori Renee Lainhart,Anthony Ira Lainhart,and Deana Renee Lainhart Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Section 1.04.01(A), 2.02.03, and 10.02.06(B)(1)(a) 2. Description of Violation: A permitted accessory structure with unpermitted alterations and with no principal structure on the same parcel. 3. Location/address where violation exists: (No Site Address)Folio: 37692280007 4. Name and address of owner/person in charge of violation location: Timothy Todd Lainhart, Lori Renee Lainhart, Anthony Ira Lainhart, and Deana Renee Lainhart. 2531 2nd ST NW Naples, FL 34120 5. Date violation first observed: May 14,2012 6. Date owner/person in charge given Notice of Violation: May 15,2012 7. Date on/by which violation to be corrected:June 15,2012 8. Date of re-inspection: July 25,2012 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 25th day of July,2012 W.Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before this a`� day of ,JG4 2012 by J (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC STATE OF FLORIDA Kimberly Brandes '` =Commission"DD926130 REV 1-4-12 ,,� s/Expires: SIP.17,2013 BONDED THRI;ATLANTIC BON-DING CO.,INC. Case Number: CELU20120007339 Date: May 15,2012 Investigator: Eric Short ' Phone: 2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LAINHART, TIMOTHY TODD LORI RENEE LAINHART ANTHONY IRA LAINHART DEANA RENEE LAINHART 2531 2ND ST NW NAPLES, FL 34120 Location: (No Site Address) Folio: 37692280007 Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 22 TR 33,LESS E 300FT Folio: 37692280007 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: General Provisions. Land Use. Collier County Land Development Code 04-41as amended, Section 1.04.01(A) and Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 and 10.02.06 (B)(1)(a) A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building,structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. 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. The County Manager or his designee shall be responsible for determining whether applications for building or land • alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A permitted accessory structure with unpermitted alterations and with no principal structure on the same parcel. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amended 2. Must obtain all required permits, inspections, and certificate of completion/occupancy to build a principal structure or demolish the existing accessory structure on the property. 3. If the principal strucutre/use is approved, the accessory structure must return to its original permitted state and/or obtain building/demo permit(s) inspections and certificate of completion/occupancy. ON OR BEFORE: 06/15/2012 !1_ .,C 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 (e �/p� 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 W. Eric Short Signature and Title of Recipient Printed Name of Recipient Date This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit, building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. Case Number:CELU20120007339 Date: May 15, 2012 Investigator:Eric Short Phone:2392525732 '/S AFFIDAVIT OF POSTING Code Case Number: CELU20120007339 Respondent(s): LAINHART, TIMOTHY TODD LORI RENEE LAINHART ANTHONY IRA LAINHART THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation • _Notice to Appear Code Enforcement Board Evidence Packet Other: I Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at Folio: 37692280007 , on 05/15/2012 (Date), at 2:09PM (Time), and at the X Collier County Courthouse_Immokalee Courthouse. ),..)- -2,_.,(--t.:., \-Aii\-a- (Signature of Code nforcement Official) W. Eric Short • STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me 5 this 1 = day of In(24-- , 2012 by / n Eric Short(Name of person maf�(ig statement) / `_ Y(11 P /)/1, ' V, (Signature of Notary Public) 0TARY PCP;!::-:; OF FLORIDA Kirober. Brandes . } Commi::': o:_:#DD926130 ' Expires. SEP.17,2013 BONDED THRC ATL' nr E.DLNG CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced G \\ AFFIDAVIT OF MAILING ��% Code Case Number: CELU20120007339 Resp(: :dent(s): NOV mailed Regular/Certified#7010 2780 0001 8837 2035 Case#CELU20120007339 ES-46 NOV LAINHART,TIMOTHY TODD LORI RENEE LAINHART ANTHONY IRA LAINHART DEANA RENEE LAINHART 2531 2ND ST NW NAPLES, FL 34120 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: • [Check the applicable document(s)] XNotice of Violation Notice of Hearing Not' of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at DEANA RENEE LAINHART, 2531 2ND ST NW NAPLES, FL 34120, on May 15,2012 , at 1:51 Pm. //� X? (Signature of Code Enfo ement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn t9,(or affirmed)and subscribed before me this I day of May ,2012 by Kimberly Brandes (Na a of person making statement) ,,, Vo4 A� QHiRL'EY CAROIA (Signature of Not, v.'+,1 NOTARY PUBLIC t _STATE FLdFtI�.`_ {`'"AV Comm/#DD094399aC v 4CE�g1� Expires 12/21/2013 (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced • Collier County Code of Laws 04-41 as amended, Section 1.04.01 - Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. Collier County Code of Laws 04-41 as amended, Section 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. • Collier County Code of Laws 04-41 as amended, Section 10.02.06(B)(1)(a) 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. 1lt0: * 3178185 OR: 3283 PG: 2791 **ro 1 ippppp,pp DIANOIID TITLI INC RICO1DID in the OPPICIAL NCORDS of COLLIUI COONft, IL UC Ill 4,00 5455 JAIGRI ROAD $1 •05I0412101,st 10:5511 DIIC1! I. IPOCI, CLIIII DOC- TO 100.00 115115 FL 34105 WARRANTY DEED(STATUTORY FORM-SECTION 689.02 F.S.) THIS INDENTURE,Made this ' day of May,2003,BETWEEN THEO E.BUSH,a married man, whose post office address is 15050 Jefferson,PO 48.Morley,Michigan 49336,Grantor'and TIMOTHY TODD LAINHART and LORI RENEE LAINHART,husband and wife,as tenants by the entireties as to a 50%interest(1"party),whose mailing address is 2531 Second Street NW, Naples,FL and ANTHONY IRA IAINHART and DEANA RENEE LAINHART,busbaad and wife,as tenants by the entireties as to a 50%interest(2''party),whose mailing address is 2061 Santa Barbara Blvd.,Naples,FL. First party and second party shall hold title as tenants in common without rights of survivorship.Grantee'. WITNESSETH.That said grantor,for and in consideration of the sum of Ten Dollars,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: Tract 33 less the East 300 feet,GOLDEN GATE ESTATES,Unit No.22 according to the plat thereof recorded in Plat Book 7,Page 84 of the Public Records of Collier County,Florida. The subject property is not the homestead of,nor contiguous to the homestead of the Grantor. Grantor resides at 15050 Jefferson,Morley,MI subject to easements,restrictions,reservations of record and ad valorem taxes for the year 2003 and subsequent years;and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all perso.. ,•• r . "'Grantor"and"Grantee"areu f•- r O as context requires. IN WITNESS WHEREOF,TH t))L. ;USH,Grantor has here •to grantor's hand and seal the day and year first above written. Signed; led and delive -• r in Or pre ce: i ,\ . WITNESS ,c,rl .. `J I <' V (prin •r type name) ',. C/ WITNESS ■` ` Ti` ► -SCE C.IR (print or type name) STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments,personally appeared Theo E.Bush to me well known to be the person described in and who executed the foregoing instrument and acknow ed before me that he executed the same. WITNESS my hand and official seal in the County d State last afore-said th)s / _day of May,2003. ' (SEAL) 7_ 1 ,..� _,.-,!2 ._ Notary Public-State of Florida PATRICIA S.SMITH (Print,Type or Stamped Commissioned Mr COMMISSION I DD 007703 Name of Notary Public)Commission# '1` BoldedThruW:1104 rm.., Personally Known `FOR Produced Identification_ Type of Identification Produced THIS INSTRUMENT WAS PREPARED ''''',.\ IN CONJUNCTION WITH ISSUANCE OF TITLE INSURANCE BY: CYNTHIA SMITH CRYTZER Grantor S.S.. DIAMOND TITLE,MC. 5455 Jaeger Road,Suite B Naples,Florida 34109 Property Appraiser Folio No.: (941)592-9688 37692280007 O 1r r ,, k 4 ill x ‘•k:V i Pt.+a t,,,,,,,,,„..,,,..,.,:i.,,; ,..., ..,,,..,,,,,,. .,, :.:_, .* , : , Ell" . � , A ti) ..';.•;‘,;•..,)'-','''' ir , ....4., 1 I OC i� H .1 + I 1, .,,,,,,g, / . t I 1 I Y l I { 1 ! , t { 4111101,40041:, ., ',,'.: H f # ` j I r `,, j ' i t i f 1 'iii I • 1 , i .l';'....;* '''., ■ I I , ii 'j 1 I ( ! III , �' ;' z ' ' ± 41 si III Ili PI I I'I 11I III NI I CII III III III III FI I► ,:` VV ya "j P s� F Y • ?n a 0 •t 41111k ` u l f £8 • r I J It illigtik f 4 � e ,� l,r _' "crq a - N . -. a _ c_ p ,,,....—_flaw- —-*.-- - ---- .1: -T.' ..X-ii., . , , e E., �• 4 � ilk N xp, }, ' o r� J■ v\ip 1p .+ r CD �7 � y 4. .. -h.� - •. 7 O z �.> - !;j: J #t 0. rn .AMR f P c a LI❑ Li p c SD @ O 1. = 0 n r c C1 co A trr .run w 40 - 3 o c i A v n --1 --'. W = p 3 m W e 0. W Z CI- ut2 XI-Ez 0, Ii wa R. 71 -.I 3 0 ' + r �1 e. m ro r a z co •Z v N d, m W v Lo 0 V) 0 rn 7 Z in lC, w �` o rnv _ ¢ c D rn { p to IT w a GO COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20120007339 Board of County Commissioners, Collier County, Florida Vs. Timothy Todd Lainhart, Lori Renee Lainhart, Anthony Ira Lainhart, and Deana Renee Lainhart Violation of Collier County Land Development Code 04-41 as amended, Section 1.04.01(A), 2.02.03, and 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CELU201200007339 DESCRIPTION OF VIOLATION: A permitted accessory structure with unpermitted alterations and with no principal structure on the same parcel. 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 to build a principle structure and return the accessory structure to its original permitted state or demolish the existing accessory 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 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. Timothy Todd Lainhart, Lori Renee Lainhart, Anthony Ira Lainhart & Deana Renee Lainhart Inv. Eric Short Department Case No CELU20120007339 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages, Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110016035 COLLIER COUNTY, FLORIDA, Plaintiff, vs. IRIS LABRIE, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required110.1 • LOCATION OF VIOLATION:266 6TH ST W Bonita Springs, FL 34134 SERVED: IRIS LABRIE, Respondent Delicia Pulse, 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.Serviaos the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tenon vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110016035 Iris Labrie, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 1, Section 110.1 2. Description of Violation:Expired Permit 2001041543 and no Certificate of Completion obtained for permit. 3. Location/address where violation exists: 266 6TH ST W Bonita Springs, FL 34134 Folio 55901120005 4. Name and address of owner/person in charge of violation location: Iris Labrie P. O. Box 2365 Bonita Springs, FL 34133 5. Date violation first observed:November 9,2011 6. Date owner/person in charge given Notice of Violation: November 30, 2011 • 7. Date on/by which violation to be corrected: December 20,2011 8. Date of re-inspection: July 2,2012 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 esaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. / 41111111111% Dated this 30 day of 3 J\ , 2012 L 'Dee Pulse Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Sworn to(or affirmed)and subscribed before this, iay of 2012 by Dee Pulse. Barbara J. Garbrough Commission#DD974207 .1111/. /1.�._ ✓.1_ .L.:' Expires: MAR.23,2014 (Signature of • a Public) (Print/Type/Stamp commissions` `ric ansnnc CO.,INC. Name of Notary Public) Personally known V----or produced identification Type of identification produced REV 1-4-12 Case Number: CESD20110016035 Date: November 18, 2011 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LABRIE, IRIS PO BOX 2365 BONITA SPRINGS , FL 34133- Location: 266 6TH ST W Zoning Dist: RSF-4 Property Legal Description: LITTLE HICKORY SHORES UNIT 2 BLK E LOT 18 OR 1539 PG 249 Folio: 55901120005 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) Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy 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 : Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit 2001041543 expired/abandoned and no Certificate of Completion/Occupancy obtained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: December 20, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse Signature and Title of Recipient Printed Name of Recipient Date 0 4/L r- , N n I o m g_ v,1ao , :❑ ❑ i 2 ❑ ti E i '� .8 W ,. �` ,a2 m , "r ca c) Ck'. a� E p L 0 m «{ O 2 m E 7 7.N. u'S ¢ U O_ 2 m U W C y i ,,,_{ m h I q -'-' n> ' m v ti c_ w g U v g 'w - tr a 0 ¢ Di o of v E ru o is c0 U N N r..1 N E m m � r Ln O Q m .a lO p E > CO� E m 0_ CI o °�r ° � J0 o g LL w (/)73 g�� � `a I:2 O y co co 00zu CEO 00 m�r2 m Z r1 W ,i0� E= °a fA co LC) t= 0 p ti .. iiiii N c.,1 Cn N m c 0 F— O E N LL 2 F2 U co cc m m 1 Ct m ! ._ or D. 0 cc E E-t m o v I cr _ 03 W - € z UF-1 r°n¢ `o Q a mU d � i° co co ■ I r a G Collier County, Florida, Land Development Code -CHAPTER 10 APPLICATION, REVIEW,AND DECISION- MAKING PROCEDURES 10.02.00-APPLICATION REQUIREMENTS 10.02.06- Submittal Requirements for Permits 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. Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy 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 ~°Ulf-CLAIM DUD RAMCO FORM t3 Retain to: (melon see-addrused stamped envelops) 0 0 15 3 9 0 0 0 2 4 9 Na er ,'BATCHELOR, SHIPPY & VOJAK, P.A. P.. 0. Box 1899 OR BOOK PAGE Bonita Springs, Florida 33959 i This Instrument Prepared by: I WITLIOUT TITLE EXAMINATION BATCHELOR, SHIPPY & VOJAK, P.A. 1 P. O. Box 1899 AllgraliC Bonita Springs, Florida 33959 RE rte PRM DOC 1.SS tNT IND -- SPACE AJ�OVf DRS LI FOR PPRO,CUWIG DATA SPACE AIM Tilts UK FOR RECERDINO DATA ' l Is alit Ai_.... Deed, Executed this 14thdoy of June ,A.D. 1990 , by GEORGE LaBRIE and IRIS LaBRIE, Husband and Wife, first party,to IRIS LaBRIE, whose postoffice address is 1194 Hookset, Hookset, New Hampshire 03106 second party: U, (Wherever used herein the terms"riot party"and "woad party"shall include dn`uLar and plural,heirs,kid representatives, and adens of individuals, and the metenors and mantis at corporation', wherever the content so admits oe requires.) .. lir t� CI itnesseth, That the said first party, for and in consideration of the sum of S t 0 s ' . LU cn in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re• cv c lease and quit-claim unto the said second_frusver, all the right, title, interest, claim and demand which N v the said first party has in and to the Joll4 ng'Tle l.,piece or parcel of land, situate, lying and being x in the County of Coll' _ oF�lorida , to-wit: Lot 18,/Bloc "E" , LITTLE HICKOm SHORES UNIT 2, according to the/plat' .lhereo�\..re.co.rded in P}�at Hook 3, at Page 79, Public) Reirordle&-fa;Col er to\inty, loi.da. / 1 il co i t"`". Ci �e. ` �`!�. ._tz L .,� co ca iII /,..,,.'' CV � ) , /I crs cc m J r/ - .'"��' -- - i 3ecetved r % $ Documentary Stamp Tax 0 t, Recebied ` „ " /. _ , , / Class"C" Intangible . 7', . . �' Arlie' Personal Property Tax J $ ar - 0 TY Ct_ 'der URTS BY �_'_ �4 -'—_ D.0 3o %iaue and to Hold the same together with all and singul•. the appurtenances thereunto belonging or in anywise appertaining, and all the estate,right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. in witness whereof,The said first party has signed.and sealed these presents the day and year first above tten. Signed, se•le• and dd�delivered I presence of:• Wi - GE GE aBRIE 7L -. .44 - — - - �- e.. ...f`�'.. IRIS LaBRIE Witness • STATE OF )'C.i%u)Hilt .�ltLLi COUNTY OF --p{.t '�Lh0101L 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 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110016035 Board of County Commissioners, Collier County, Florida Vs. Iris Labrie Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 1, Section 110.1 Dee Pulse, Code Enforcement Official Department Case No. CESD20110016035 DESCRIPTION OF VIOLATION: Expired Permit 2001041543 and no Certificate of Completion obtained for permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 I Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Iris Labrie Inv. Dee Pulse Department Case No CESD20110016035 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages, Copies Per Page Total Black&White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(adds Pages) 3 $8.50 $25.50 FOF Total $80.00 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: CENA20120006825 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GWENDOLYN GREEN, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181[A] LOCATION OF VIOLATION:3675 10th AVE SE Naples, FL 34117 SERVED: GWENDOLYN GREEN, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta 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 taiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 2OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20120006825 Gwendolyn Green, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinance, Chapter 54,Article VI, Section 54-181 2. Description of Violation: Litter consisting of but not limited too;refuse, clothes, boxes, assorted metals,plastics and woods,tires, etc... 3. Location/address where violation exists: 3675 10th Ave SE Naples,FL 34117 Folio#41044640003 4. Name and address of owner/person in charge of violation location: Gwendolyn Green 3675 10th Ave SE Naples,FL 34117 5. Date violation first observed: May 7th,2012 6. Date owner/person in charge given Notice of Violation: May 9th,2012 7. Date on/by which violation to be corrected: June 1st,2012 8. Date of re-inspection: July 16th,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 Z T' day of July, 2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn-Co(63affirnned— nd-su• cribed before this „Z-7 day of July,2012 by Patrick Baldwin ignature of Notary Pu•lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced , ""''•, Delicia Pulse Commission#EE049564 'y,,;,..,/Expires: JAN.16,2015 BONDED TE O ATLANTIC BONDING CO.,INC. REV 1-5-11 • Case Number: CENA20120006825 Date: May 09,2012 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GREEN, GWENDOLYN 3675 10TH AVE SE NAPLES , FL 34117- Location: 3675 10th AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 83 W 75FT OF E 180FT OF TR 56 Folio:41044640003 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: Collier County Code of Laws and Ordinance, Chapter 54, Article VI, 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- recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Litter consisting of but not limited too; refuse, clothes, boxes, assorted metals, plastics and woods, tires, etc... 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: 6-1-2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution.\ SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 nvestigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient AFFIDAVIT OF MAILING Code Case Number: CENA20120006825 Respondent(s): U.S Postal Service,,, NOV mailed Regular/Certified#7010 2780 0001 8837 1885 Case#CENA20120006825 NOV PB-23 CERTIFIED' iLrr� RECEIPT GREEN,GWENDOLYN ' (Domestic Mall Only;No Insurance Coverage Provided) 3675 10TH AVE SE or.�rteilvery information wart aurwebaite�at_www.usps.coinri NAPLES, FL 34117 '" s m .. THE DESCRIPTION OF THE DOCUMENT(S) SERVED: co Postage t$ , , ) [Check the applicable document(s)J ertt�nd Fee XNotice of Violation ° Mob—tKartnt Pee ��-- Postmark. ° itin nay � r l otl) € y. Notice of Hearing° ° .__.._......_..._._max. .:.., ._ _Notice of Hearing/Imposition of Fines �o —Citation n Case# CENA20120006825 NOV PB-23 ° GREEN, GWENDOLYN —Notice to Appear 3675 1 OTH AVE SE Code Enforcement.Board Evidence Packet r` NAPLES, FL 34117 Other: PS Form 3800,August 2006 See3?evetse tow instructions' 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 3675 10TH AVE SE NAPLES, FL 34117, on May 10,2012, at 8:10Am. f (Signature of Code nforcement Official) Kimberly Brandes/ STATE OF FLORIDA COUNTY OF COLLIER Sworn tor affirmed)and subscribed before me this \\) day of May , 2012 by Kimberly Brandes (Name of person making st- - ent) (Signature of Notary Public) r"v BLANCA NIEVES MY COMMISSION 00 EXPIRES' B T r Notary Pu U oder ers (Print, type - • • sstone• fame of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CENA20120006825 Respondent(s): GREEN, GWENDOLYN 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 3675 10th AVE SE , on 5-9-2012 (Date), at _2:OOpm (Time), and at the_X Collier County Courthouse_ Immokalee Courthouse. ' ., ----7----'—c (` • =ture of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before me this_9th day of_May , 2012 by Patrick Baldwin (Name of person make st_1 ent) AligiAgik_a _ 0 1 (Signature of Notary Public) 0 (Print,type or stamp Commissioned Name of NOTARY PUBLIC-STATE OF FLORIDA Notary Public) Colleen Crawley •1▪ 11 1 :Carnmission#EE129317 '• ,,.•`Expires: JUNE 07,2014 X Personally known BOND TU ATLANTIC BONDINGCO,INC. Produced identification Type of identification produced ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL#PTICOCH54EN ART... Page 1 of 12 Collier County, Florida, Code of Ordinances >> PART 1 - CODE >> Chapter 54-ENVIRONMENT>> ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL >> _i• ARTICLE VI. - LITTER, WEED AND EXOTICS.CONTROL 211 Sec. 54-175,-Purpose and intent. Sec. 54-176. -Title. Sec. 54-177.-Applicability. Sec. 54-178. -Definitions. Sec. 54-1.79. - Litter declared to be a public nuisance. • Sec. 54180.-Unlawful to lifter. • . Sec. 54-181. - Unauthorized accumulation of litter. Sec. 54-182. - Dumping or depositing of abandoned property prohibited. . • Sec. 54183. Storage of litter. • Sec. 54184.-Waste materials management. • • Sec. 54-185. - Declaration of public nuisance. Sec. 54-186, - Exemptions. Sec. 54187. - Notice of violation. Sec. 54-188.-Assessment for abating nuisance. • Sec. 54189. -Assessment right to hearings on declaration of public nuisance and assessment. • • • Sec. 54-190. Enforcement procedures. Sec. 54191. - Immediate corrective action. Sec. 54-192.- Procedures for and effect of mailed notices. Sec. 54-193.- Procedures for mandatory lot mowing program. Sec. 54194.- Penalties. • • • Secs.54-195-54-225.- Reserved. • • Sec. 54-175. - Purpose and intent. This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown E debris and materials. i • (1) The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. (2) The accumulation of weeds, grass or Exotics or similar growth on, or in close proximity to, • • - ' ' residentially, commercially, or industrially-zoned land is detrimental to the health, safety and welfare of the citizens of Collier County. (Ord.No. 09-08,§ 1) ---- -- - ------ - -..-.--- -----., • Sec. 54-176. -Title. - --- ---- _- This article shall be known and may be.cited as the"Collier County Litter, Weed and Exotics Control Ordinance". • • - - (Ord.No. 2005-44, §2) -. - -- -- — - ---- --- -- --- Sec. 54-177. -Applicability. --- • This article shall apply to, and be enforced in, all unincorporated areas of Collier County. • (Ord.No. 2005-44, §3) - _-- -- -- - i Sec. 54-178. - Definitions. ` i When used in this Ordinance, the following words, phrases or terms shall have the following meanings, unless the content clearly indicates otherwise: . , u ./„_,______ ____ _: ,. 7,- ,,,,..,,/rrT,, rr /-1 n< 72/1P,,PZ/FTrn rR54PN AR TVTT,TWEEXCO.... 5/27/2011 ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL4PTICOCH54EN 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 • •I 1 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 I ! 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 pro ert in any residential area, unless such abandoned property h is kept in a completely Y enclosed building. (Ord. No. 2005-44, §8) Sec. 54-183. -Storage of litter. • (a) All commercial establishments shall store litter in containers so as 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. (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 i • 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 Pr 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 j ___i_ _ _rrTT, AT i,r, ic n.„.1 Q rpTrrn ruS4FN A R TVTT,TWEEXCO.... 5/27/2011 *** 2989255 OR: 3044 PG: 2626 *** Prepared By Heldl Fenner • WORDED In OPPICIAI UCOIDS of COLLIE(COUNTY, t1 !sl■adT{tkG■araatyAg°ey,Inc. 09/29/2002 it 0I:920 DIIGIT A. RIOCI, CLINE 9200 Bonita Beach Rd.,Ste.100 COI$ 191900.00 Bonita Spring,Florida 34135, 34133 TIC III 1.00 incidental to the issuance of a title insurance policy. File Number:021304b DOC•.10 1343.30 Parcel ID 9:41044440003 Rat: Grantee(s)SS a: ISLAID TITLI GUARANTY AGIICY I PICI UP WARRANTY DEED (CORPORATE) This WARRANTY DEED,dated 05/15/2002 by: Kaye Homes,Inc..a Florida Corporation whose post office address is: 4863 Golden Gate Pkwy.,Naples,FL 34116,hereinafter called the GRANTOR,to Gwendolyn Green,•single person whose post office address Is:3675 10th Ave.SE Naples FL 34117,hereinafter called the GRANTEE: (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains, sells,aliens.remises,releases,conveys and confirms unto the GRANTEE,all that certain land situate in Collier County,Florida,viz: The West 75 feet of East 180 feet of Tract 56 of GOLDEN GATE ESTATES, UNIT 83, according to the plat thereof,recorded in Plat Book S,Page 22,of the Public Records of Collier County,Florida. SUBJECT TO covenants,conditions,restrictions,reservations, limitations,easements and agreements of record, if any; taxes and assessments for the year 2002 and sub• l lea sir to.all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental aprjsor lie. Farryr--;..�#,, TOGETHER with all the tenements.heredita�iients and appurtenances thereto longing or in anywise appertaining. / / i L- --,1"" \1 TO HAVE AND TO HOLD,the same in fee simrt„ple f6ocv er. I( r ► )\h \7� 1� w AND THE GRANTOR hereby cove ttantsiw ti h said 'y TE -that c t above noted, the GRANTOR is lawfully seized of said land in fee simple; t Mile 9. �?� • fight 4a ' ,uthority to sell and convey said land; that the GRANTOR hereby fully wa t nysyslthe title to said land laid will'defen same against the lawful claims of all persons whomsoever. \�,2A ' /..C.••`III/ IN WITNESS WHEREOF,GRANTOR has and sealed these rf\soCt s41te date set'forth above. ye)Hm oes,Inc.,a Florida Corporation IN THE PRES N L WING Wf2T1lr`�.SbH4:I Signature• / By'' 1 ( ?'' Print N e: ci j s, 79 /4,,.6. Stuart O.Kaye,President__ .. Signature �L. ir,///#6.-c., Print Na /We State of Florida County of Collier THE FOREGOING INSTRUMENT was sworn and acknowledged before me on 05/15/2002 by: Stuart O.Kaye,President of Kaye Homes,Inc.,a Florida Corporation on behalf of the corporation. He/She is personally known tome or who has produced Driver's/iLicense as i'cntifica�ttoon. 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G • r " i t • f`:1. �.(y, R. ��•r , r • f ...„00 4 . ,,...,:• , t• * r COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20120006825 Board of County Commissioners, Collier County, Florida Vs. Gwendolyn Green Violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Patrick Baldwin , Code Enforcement Official Department Case No. CENA20120006825 DESCRIPTION OF VIOLATION: Litter consisting of but not limited too; refuse, clothes, boxes, assorted metals, plastics and woods, tires, etc... 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. Gwendolyn Green Inv. Patrick Baldwin Department Case No CENA20120006825 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: CESD20110005345 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GRAND CYPRESS COMMUNITIES INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:3887 Mannix DR Unit:605 Naples, FL SERVED: GRAND CYPRESS COMMUNITIES INC, 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 en el idioma Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanph vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110005345 Grand Cypress Communities Inc,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e) 2. Description of Violation: Remodel including the removal of a fire wall between commercial unit 604 and 605,prior to issuance of a Collier County Building Permit 3. Location/address where violation exists: 3887 Mannix Dr. Unit 605, Naples, Florida 34114, Folio #76885100984 4. Name and address of owner/person in charge of violation location: Grand Cypress Communities Inc, 3887 Mannix Dr. Suite 612,Naples, Florida 34114 5. Date violation first observed: May 11, 2011 6. Date owner/person in charge given Notice of Violation: December 2,2011 7. Date on/by which violation to be corrected: December 31,2011 8. Date of re-inspection: June 1,2012 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 9th day of July, 2012 Danny ■omina Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this day of51-'L Li 2012 by DA-4'111,-1 C(:`'1 c(0.,mot + . �� G -; (Signature of Not. Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced ' . Kerry Adams Commission#EE005769 REV 1-4-12 Expires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number: CESD20110005'345 Date: December 01,2011 Investigator: Danny Condomina Phone: 2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GRAND CYPRESS COMMUNITIES INC 3887 MANNIX DR STE 612 NAPLES, FL 34114-5411 Registered Agent: GODE, LARRY J. 3887 MANNIX DR SUITE 612 NAPLES FL 34114 Location: 3887 Mannix DR Unit:605 Naples, FL3887 Mannix DR, Unit:605 Unincorporated Collier County Zoning Dist: PUD Property Legal Description: TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 30, LESS THAT PORTION NKA TOLLGATE BUSINESS PARK II CONDO AS DESC Folio: 76885100984 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Remodel including the removal of a fire wall between commercial unit 604 and 605, prior to issuance of Collier County Building Permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building permit(s), inspections, and certificate of completion/occupancy for described improvement. ON OR BEFORE: 12/31/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE — –� DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Invest.=: .r Signature Phone: 239 252-2440 FAX: 239 252-2343 Danny Condornina Signature and Title of Recipient Printed Name of Recipient Date • V AFFIDAVIT OF POSTING Respondent(s): Code Case Number: CESD20110005345 GRAND CYPRESS COMMUNITIES INC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J XNotice of Violation Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Danny Condomina, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s)at 3887 Mannix DR Unit:612 Naples, FL, on DECEMBER 2,2011 (Date), at 3:08 PM (Time), and at the X Collier County.Courthouse—Immokalee Courthouse, (Si._•- o Torcement Official) Danny Co.,.•mina STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this - day of rp m 2011 by Danny Condomina(Name of person making statement) 4 i/ i O�f'�4 7 AP:tr. 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(I) ,; a1•r11111rM■1L" gEINIM11111111o•r11111r1r111w•11.•1.110..•.11 cm ....---.....! t. • ..,.....*.'" 4 MO 0.1 Ej• '14:14 ...5') .....11. ..... K (,) _, u) ...... 0 .......... MIMIMINIMMIIIN■INIMIS I a.* ......-'-".....-'--. 0 ru C 11110111111.11MMINNIMINOMONIM IMINIMON=1111•11111011■•■ 31...... ...... NIMININISMIIIIIII.11111.■ 1 ,, 11., 1 •••••• .....1 6.) cr. ....m■mi. ,,t....-...71 z-- if; z__,..C) ; ;...Z.! , '...,,,b i-_-- — ,'i.:1 2 o , .......,... -,,,,,,. — .._,... ;,..zol ... — .... ........ ........ . i. .., —. :' tr, Z.7,:i f.,•. 0.:{i",:t:,,4'''',,,11N F B .7- re, tias'ity z.. ...... ..; --- li I c ... '...s.. .' .. . , .....—........._ « , , • - - . . : Muni code 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 and 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, httii://library.municode.com/print.aspx?clientlD 13992&HTMRequest=http%3a%2f%2fli... 4/30/2012 Municode Page 2 of 26 moved, added to, altered, utilized or allowed to exist and/or no and 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. 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://library.munico de.cam/print aspx?clientlD=13 992&HTMRequest=http%3 a%o2f%2fli... 4/30/2012 IViunicode Page 3 of 26 construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. • ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. http://library.rnunicode.com/print.aspx?clientlD=13 992&HTMRequest=http%3 a%2f°'o2fli... 4/3 0/2012 3650457 OR: 3834 PG: 2066 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/01/2005 at 10:11AI DWIGHT E. BROCK, CLERK CONS 1250789.00 This instrument prepared by and EEC FEE 44.00 after recording, return to: INDEIING 2.00 DOC-.70 8755.60 Leo J. Salvatori, Esq. Retn: Salvatori&Wood, P.L. SALVATORI & WOOD 4001 Tamiami Trail North 4601 TAIIAII TR N #330 Suite 330 Naples, Florida 34103 NAPLES IL 34103 3060 RE-RECORDED TO INCLUDE ENTIRE LEGAL DESCRIPTION WARRANTY DEED O THIS WARRANTY DEED, made this 30th day of June, 2005, between TOLL GATE COMMERCIAL CENTER, a Florida general partnership, whose post office address is 5645 Strand Boulevard, Suite 3, Naples, Florida 34110, ("Grantor"), and GRAND CYPRESS C COMMUNITIES, INC., a Florida corporation, whose post office address is 5672 Strand Court, _ Suite 3, Naples, Florida 34110, ("Grantee"). WITNESSETH that Grantor, fora ,/or r' ' n, of the sum of Ten Dollars ($10.00), and other good and valuable cope r '-n-t-o-Gra r\ `hand paid by Grantee, the receipt c a whereof is hereby acknowledged(` s-granted, bargain ti sold to Grantee, and Grantee's C1' a heirs and assigns forever, the fo7towin• described land, itu , lying and being in Collier c l a d County, Florida, to-wit: r / K Tracts 29 and 30 of/Tol rg`a • rt -F n - , '• e 3 as recorded in Plat cc- .4 Book 22, Pages 95 ro •h 10. o"th b - e�+�•r•s f Collier County, Florida; LESS AND EXCEP tFi- -y es a 1r- .1 !9, f by described on Exhibit' A •• E attached heeet o Subject to those item -,, forth on Exhibit :, a'h veto and incorporated herein by virtue of this - - ce. �C `°v ., and Grantor does hereby fully war h , Me to sad a nd will defend the same against the � ° lawful claims of all persons whomsoeJerR ,. rzt .o ^' IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and - year first above written. Signe., sealed and delivered TOLL GATE COMMERCIAL i• a .r-sence of: CENTER, a Florida general partnership Witness No. 1 Signa re By: TOLL GATE JOINT VENTURE, dad O _ a Florida general partnership,�r4 LLz� \l . Sf oLL 9 P P, General Partner WiC is No. 1 Print ame • By: (Corporate Seal) i� TOLGATE INC., }, o d ,, a Florida .� o ,� . tness No. 2 ignature 04 corpora p A!✓ • , as General Partner 4iC !_A'i J Witness No. 2 Printed Name By: obert S. Hardy, as Pr dent 1 Prolaw:22556 OR: 3834 PG: 2067 STATE OF FLORIDA /OR: 3921 PG: 2386 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /}1 ' day of June, 2005 by ROBERT S. HARDY, in his capacity as President of TOLGATE, INC., a Florida corporation, as General Partner of TOLL GATE JOINT VENTURE, a Florida general partnership, as General Partner of TOLL GATE COMMERCIAL CENTER, a Florida general partnership, who is personally known to me. �*, Nota Public - 4-6-2zio-- � .4 `'F[. VALERIE J.STOLL { y Q` MY COMMISSION 0 DD 187885 1 'tor mot EXPIRES:April 30,2007 1//.1 �/J /� /,/ 1400-SNOTAAY R.Notry Discount Assoc.Co. Ff}.G 5-'^'c Typed, printed or stamped name of notary My Commission Expires: 4/36/C7 „,,,,a)cy,) ,„ ,e)_,„\\ L (17. 14----,...„ i f t) ),,.. 5'r'\ \\IA4 /2:. / \\, . N./' ,„,,, ,_/______.-4-rE (__:_,,,,,s„__.,_'.?-, c\-).,,,/ 2 Prolaw:22556 • óR: 3921 PG: 2387) • And • -- - -4 /_�r4, ''' By: (Corporate Seal) Witness No. 1 Signature 8475, INC., as General Partner i)1 .141/ 40 ,.oil/ By: //l1 Q-LAZ G -�/04LG� -ss k o./1 Printed •me David G. Budd, as Vice President i A'' 0. Witnee! Rigi I r AG e• Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER r� � The foregoing instrument was ig ed d re me this D day of June, 2005 by DAVID G. BUDD, in his capacity ` e- rP esFd nt f INC., a Florida corporation, as General Partner of TOLL GATE" VENTURE, a F Ode-general partnership, as General Partner of TOLL GATE COI, M _ E i , . Fib Ida `general partnership, who is personally known to me. ,r I ent W-1,41yEilled NEM• �'G �ot `°.•Ii t ...84:1 �� MOD 2t. :: ♦ �;�t'�1' rr � G-�r /vti; Ex?\RES'.AP �u.,wm / ' c Typed, printe&ol �p ) sine of notary My Commission° ires: 1 . r'' ,-_ __ ,.% m THE REMAINDER OF T :. Gf IN NTIONALLY LEFT BLANK `1=' N Q• 3 Prolaw:22556 OR: 3834 PG: 2069 J OR: 3921 PG: 2388 j And �� By: (Corporate Seal) Witness No Signature AMPCO INVESTMENTS S• lei / INCORPORATED, a Florida /Vc,�'►r-r�1 ! "� corporation, as General Partner Witness No. 1!Printed Name By: _..4.. . ..12b,zfri..a/4.2z(7 Charle'E. Cannon, as President Witness No. 2 Signature M,;1lsAct 1>;a bu- Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER f,_.--�--.— The foregoing instrument v "� ktibW►e gTe`d`bee. e this 021 day of June, 2005, by CHARLES E. CANNON, 9 dent of Ampco '` 't ents Incorporated, a Florida corporation, as General Part�r of TO► L.._GATE COMME' IA , CENTER, a Florida general partnership, who is personally/1(n wnio-erg. ' _ -- IC"AIJOIP&,,,,,,■5- of -1. .........-../ �"'� � CARU1 J.IQlTAY ['J.., .�- ,.,� t ` I �"' MY COMMISSION 0DD282809 {. / )� v,e Typed, Prin -a,'ir Stamb=, ame of Notary \c My Commis . ►rr(' - res: �� of8� a-Do1 THE REMAINDER OF THIS` I 1. •NALLY LEFT BLANK ` CARLA KLIT Y I\ if(COMMISSION#00262809 4,,�•14t6 CARLAJ.KLITAY MY COMMI'SIGN DD282809 EXPIRES:OCT 28,2007 4 Prolaw:22556 OR: 3921 PG: 2389 EXHIBIT A Tracts 29 and 30 of Tollgate Commercial Center, Phase 3, as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida; LESS AND EXCEPT the West 100' of Tract 29, which West 100' is further described as follows: Commence at the northwest corner of Tract 29 of Tollgate Commercial Center Phase Three as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida for a point of beginning; and run North 89°56'02" East along the north line of said Tract 29, a distance of 104.39 feet; THENCE run South 00°03'58" East, a distance of 272.15 feet to an intersection with the south line of said Tract 29 and the north right-of-way line of County Road No. 84; THENCE run South 89°56'02" West along the south line of said Tract 29 and the north right-of-way line of County Road No. 84, a distance of 100.00 feet to the southwest corner of said Tract 29; THENCE run North 00°03'58" West along said west line, a distance of 188.00 feet; THENCE run North 37°28'53" West along said west line, a distanc.e....of-54...90 feet to a point on a curve of said west line and the easterly rig e o?„lir , • Mouse Drive, said curve being concave northwesterly an ',0 'i ,vii" raids • , ; ',OP feet, a central angle of 34°05'32" and a chord be r nand distance of N• 11- 28'21" East, 49.83 feet, respectively; THENCE run ly terms along sai cu e, an arc distance of 50.58 feet to the said oin of beginning. `ti (7 1 p , f\ i(7J „,c-:,.1). \\,1\-)...."' J ' 1--4 ` t/ '/ fc)\ ,{� *** OR: 3834 PG: 2070 *** v(*** OR: 3921 PG: 2390 ***1 Exhibit B Permitted Encumbrances 1. Declaration of Easements, Restrictions, Covenants, Rules and Regulations for Toll Gate Commercial Center P.U.D., and the Articles of Incorporation and By-Laws for Tollgate Center Property Owner's Association, Inc., as recorded in Official Records Book 1455, Page 535, as amended in Official Records Book 1571, Page 1964, Official Records Book 1584, Page 15, Official Records Book 1895, Page 466, Official Records Book 1916, Page 2367, Official Records Book 2089, Page 174, Official Records Book 3070, Page 57, all of the Public Records of Collier County, Florida. 2. Reservations of Oil, Gas and Mineral Rights recorded in Deed Book 30, Page 91, Deed Book 33, Page 434 and Deed Book 33, Page 131 as to portions of Tracts 21, 22, 23 and 29 lying in Sec. 2-50S-26E, of the Public Records of Collier County, Florida. 3. Reservation of drainage ditches and drainage facilities as contained in Deed recorded in Official Records Book 1477,JPag���(J^Ti Public Records of Collier County, Florida. 4. Preliminary Development. CTertient as recor ea f ),Official Records Book 1564, Page 871, of the Public Records�.of'Collier County, Florida'`'� 5. Subject to easements a.d oftierr na t s as hown on the recorded plat of Tollgate Commercial Center Pha e• d ' '- -.'F g tc the plat thereof as recorded in Plat Book 22, Pag 9 i th bli FR-c,r. •. 9ifiq C unty, Florida. 'r) )6. Resoluti on for creating th of en--G- - A ate' - ST District as recorded in Official Records Boo Page 1838, of theRublic R c~)' s of Collier County, Florida. I 7. Ad valorem real estate We for the year 2005 '' f �t subsequent years, bearing Tax Identification Numbers 76 Y r 8 (Tract 2 85100984 (Tract 30). 5 Prolaw:22556 i ..11,, ■4 ir:A/ i -,..;::,.• ... 6- -0 4 ANoRTa. ,,. 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Grand Cypress Communities Inc Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06 (B)(1)(e) Danny Condomina, Code Enforcement Official Department Case No. CESD20110005345 DESCRIPTION OF VIOLATION: Remodel including the removal of a fire wall between commercial unit 604 and 605, prior to issuance of Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Grand Cypress Communities, Inc. Inv. Danny Condomina Department Case No CESD20110005345 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 17 221 0.022 $4.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.86 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 $82.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $82.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110015021 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KLUVER TR, DAWN COMMERCIAL TRUST REAL TRUST UTD 6/9/95, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3666 Tamiami Trail North Naples, FL SERVED: KLUVER TR, DAWN COMMERCIAL TRUST REAL TRUST UTD 6/9/95, Respondent Joseph Giannone, 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.Servos the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110015021 Kluver TR,Dawn Commercial Trust Real Trust UTD 6/9/95,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 Sections 10.02.06 (B)(1)(a)and 10.02.06(B)(1)(e) 2. Description of Violation: Unpermitted alterations and the construction of walls,being built without proper Collier County Permit. 3. Location/address where violation exists: 3666 Tamiami Trail North,Naples, Fl 34104 Folio#61946000006 4. Name and address of owner/person in charge of violation location: Kluver TR, Dawn Commercial Trust Real Trust UTD 6/9/95, 11932 Germaine Ter,Eden Prairie, MN 55347 5. Date violation first observed:November 1st 2011 Ico, 6. Date owner/person in charge given Notice of Violation: December 22nd,2011 7. Date on/by which violation to be corrected:January 11`h,2012 8. Date of re-inspection: July 17th,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 1st, day of August, 2012 s. • o:eph Giannone ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this S r day of;r', -;L;S r 2012 by JtH i (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY pL PI,I4STATE of FLORIDA Type of identification produced Ada1 5 T.7305769 A z r t L REV 5-13-10 Case Number: CESD20110015021 !'L Date: December 12,2011 Investigator:Joseph Giannone Phone: 239 252-2492 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KLUVER TR, DAWN COMMERCIAL TRUST REAL TRUST UTD 6/9/95 11932 GERMAINE TER EDEN PRAIRIE , MN 55347- Location: 3666 Tamiami Trail North Unincorporated Collier County Zoning Dist: C-4 Property Legal Description: N I C L F 22 49 25 W 375FT OFLOT 74, LESS S 150FT OF W 125FT Folio: 61946000006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land • development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted alterations and the construction of walls, being built without the proper Collier County Permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection; November 7th, 2011 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 01/11/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Up4estiga'.or Signature Phone: 239 252-2440 FAX: 239 252-2343 Joseph Giannone Signature and Title of Recipient Printed Name of Recipient Date 1 rrrrr • mo - r .4>oimi z co oZ ►v � m m��° o co �' ° -Dm � 7j oogwmm o •` • 2 cn m D —� n.....° 3 aoro -mi • c,^' [n O Z �7D mm mm m � 'o Z -1 °) ci m m,a-co a i O � W � -� m o ° �O y o O A � 5_ F tv -.4 2 2 , g.2 Z rU • 3 a m m a �° �' CT' m m m cn D �t • 3 W ru A " vm �� R. m z m'm J sirs ag m g �, N � � m i.IT m 'a 1 ;r3. ‘ ° - - •-•I. ' ' •--':•:::'::-.:--',..::-,'•:,:::::•; ?II il z FN ° _r..,........,... ....,...,,,,,,..;' ' m° a i - r a -- , <- k• F t 3, _ lj k 1 -..I .V. r r V y b` r �; t �^z.ak� .. - � "}y S� #. {'fir S ' x ' {a � r-.��- LDC 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 and alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code • a .... 'hKf:ilk;�l' •5.4. !LYN F...,?!k°'tl:..4 __ �...-:r:R.� �. ,w .. _i.4r r __ - i1LnDoU U : 43Lt5 YU: i i RECORDED in OFFICIAL CORDS of COLLIER COUNTY, FL a 02/08/2008 at 08:30AM RIGHT E. BROCK, CLERI CONS 3200000.00 REC FEE 18.50 Richard J. Swift, Jr. , Esq. DOC-.70 22400,00 Garlick Stotler & Peeples, LLP Retn: 5851 Ridgewood Drive, 1 101 Naples, II��LL 34108 GARLICK STETLER ET AL PICK DP Pereal le Nmabar. Quitclaim Deed '}. This Quitclaim Deed, Made this I day of January , 2008 A.A., Between Wichael Jaax, individually and as Successor Trustee of the Commercial Trust Real Estate Services Land Trust dated June 9, 1995 of the C0 1y of , Sim of Kansas plantar,ntor, and Dawn IZluver, as Successor Trustee of the Commercial Trust Real Estate Services Land Trust dated June 9, 1995 whose address is; + 11932 Germaine Terrace, Eden Prairie, MN 55347 of the County of , state orM i n n e s o t a Witnesseth that she GRANTOR, grauttse trR�,for sad k eoneideration of the sum of TEN DOLLARS ($10) DOLLARS. and stied good and valuable moved ration to GRANTOR is hand paid hy'GRANTEE, the receipt whereof is hereby aolmovAtaiged, he granted.bargained and quitclaimed to the said GRANTEE end GRANTEE'S hcln,m setoli forever.the foltowuy,dese ribed lard tibia=, lying sad bans is the Chanty of Collier t to wit See Attached Exhibit "A" / �i ����, SUBJECT to 'coning, building co '/r ootth.er use r®str3-tia'n�s imposed by governmental authority, ov s ,ding oil, gals, and >minesz;l interests of record, if any;/es ' tenons ngasameats\of record, if any; and real estate taxes scot t eequ..t to Dec r 9 , 2007. 1 Grantor warrants that the - '""i<� n 't\h s • - ,4 or adjacent to his homestead; nor is i •• ; � o ly sad he resides at the address . •s -'1bR1 / The Grantee shall have full' • -r and authority" pr4teq assures, sell, Isaac, encumber, d dispose of the opatrti -deocribed in this instrument ~wS? :::/)//{ J To Have sad to Hold the same Moiler with ell or m anyw so / apparels*, mod aG Otto testate, right, thk,- i>tttrest, lie\ egak rd, -elyu{�-pt!hatt�x 'C�fS,gta�xa; either m law or equity, for Me am, lsnedt owl profit of the said Fame forever. \j L L III Wiaae:S Whet eof,the grantor he haaunas set ha had end seal the day and • •j,• wrinsa. Signed,sealed and dNivered to oar presence; Printed Name: ' -• . Hi, • el Jaax, Individual y and as Witness Su easor Trustee (71-(..fl P.O. •. .. :254s W ear I tfeh Terrace,Ltewaod,KS 66211 j/; C;�ti WQ Printed Name: AMMIENIROW lfit mass STATE OF MUSS as COUNTY OF The foregoing *strums was .dmmwlodgod before me this 7 [ley of January , 2008 by Michael Jeata, Individually and as Successor Trustee of the Commercial Trust Real Rotates Services Land Trust dated June 9, 1995 be is iacraoaally imam to aac or he ha produced hit Florida driver t a license as idattibc.tinn o t r, Pftt Printed Name: Notary Public - Commission Expires: NOTARY PUBLIC-State of Kansas —r41.,=— CELIA BROO --E- = == —r9tti My Appt Exp.s.... /9 - -'/ � � 1366-003 Las Gm.tiw ti o 04.04v sras.m.1%._1001 a;,i w ssss Fare►two- ••••• v • •-■ ••■ • ••• .• • • •.. 1 ISIS m,I I I V'1 *** OR: 4328 PG: 1698 *** Exhibit "A" Parcel 1: The Westerly 125 feet of the Southerly 15 feet of the Westerly 375 feet of Lot 74, Naples Improvement Co 's . ittle Farms, according to the map or plat thereof as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. Parcel 2 : The West 375 feet of Lot 74, Naples , Improvement Co' s . Little Farms, LESS the South 150 feet of the West 125 feet thereof, according to the map or plat thereof as recorded in Plat Book 2 , Page 2, Public Records of Collier County, Florida. The combined Parcels are more particularly described as follows : The West 375 feet of Lot 74, Naples Improvements Co' s Little Farms, according to the map or plat thereof, as. recorded in Plat Book 2 , Page 2, of the Public Collier County, Florida. \-:7------- \\\ 7C)71 t. -4-\' 7, / „,-.7.-- � c--)r_A ..__ L.)) \-T(_,k) .....,, u • COLLIER COUNTY SPECIAL MAGISTRATEI OSM CASE NUMBER CESD20110015021 Board of County Commissioners, Collier County, Florida Vs. Kluver TR, Dawn Commercial Trust Real Trust UTD 6/9/95 Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, As Amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Joseph Giannone, Code Enforcement Official Department Case No. CESD20110015021 DESCRIPTION OF VIOLATION: Unpermitted alterations and the construction of walls, being built without the proper Collier County Permit. RECOMMENDATION: That the Special Magistrate 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. Kluver Tr, Dawn Commercial Trust Real Trust Inv. Joe Giannone Department Case No CESD20110015021 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: CESD20120004188 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DOREEN BIGICA, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(B)(1)(e) LOCATION OF VIOLATION:2391 19th ST SW Naples, FL 34117 SERVED: DOREEN BIGICA, 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 en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo let an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpn vini avek yon intepret pou pale you-ou. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120004188 Doreen Bigica,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e) 2. Description of Violation:No Collier County Building permits for garage door converted to double " glass doors. 3. Location/address where violation exists: 2391 19th St SW, Naples, Fl. 34117, Folio #45965880003 4. Name and address of owner/person in charge of violation location: Doreen Bigica, 2391 19th St SW,Naples Fl. 34117 5. Date violation first observed: March 21,2012 6. Date owner/person in charge given Notice of Violation: March 29,2012 7. Date on/by which violation to be corrected: April 28, 2012 8. Date of re-inspection: May 22,2012 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 5th day of June, 2012 --- �' •aarm Condomina Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or aff-• ed)and su•scribed before thisdday ofju'(L„2012 by tltl .,\ C.".1(n'n (Signature of Notary Public) (Print/Type/Stamp Commissioned _ ) Name of Notary Public) Personally known l . or produced identification Type of identification produced NOTARY PUBLIC•STATF.OF FLORIDA '' l Colleen Crawley 5• ins 'COIl?II1155ion#EEI293 7 REV 1-4-12 y•,•„•'''Expires: .JLI'rE 117,2014 BONDH)THRV ATLANTIC SOttW at,�iR, Case Number: CESD20120004188 Date: March 29, 2012 Investigator: Danny Condomina Phone: 2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BIGICA, DOREEN 2391 19TH ST SW NAPLES, FL 34117 Location: 2391 19th ST SW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 195 S 180FT OF TR 70 OR 1915 PG 1899 Folio:45965880003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for "hich a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development an approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Collier County Building permits for garage door converted to double glass doors. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building or Demolition permit, inspections, and certificate of occupancy/ completion for described alteration. ON OR BEFORE: 04/28/2012 Failure to correct violations may result in:- 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation °mains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT ,- 2800 North Horseshoe Dr, Naples, FL 34104 I estigator ign'afure Phone: 239 252-2440 FAX: 239 252-2343 'Danny Condomina Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20120004188 Respondent(s): BIGICA, DOREEN THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Danny Condomina, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 2391 19th ST SW on March 29;2012 (Date), at 3:15 PM(Time), and at the X Collier County Courthouse Immokalee Courthouse. (Signature ade-Eiiforcement •Ticia Danny Condomina STATE OF FLORIDA COUNTY OF COLLIER Sworn t L�o.�r (firmed)and sub cribed efore me this X✓'-=`day of Nya4 C ,2012 by Danny Condomina(Name of person making statement) (Signature of Notary Public) NOTARY PGBLIC-S3',4TE OF FLORIDA Kimberly Brandes Commission#DD926130 Expires: SEP.17,2013 BONDED Tiimr Al T Avr*r 2,,'-''DTC CQ.,INC, (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case N mber: CESD20120004188 Respondent(s): Case#CESD20120004188 DC-31 NOV U.S.Postal Service BIGICA, DOREEN CERTIFIED MAIL., RECEIPT 2391 19TH ST SW NAPLES, FL 34117 (Domestic Mail Only;No Insurance Coverage Provided) For delivery Information emit our webcite at www.ucps.com C3 IMMAIMIEIRIlinill—s DESCRIPTION OF THE DOCUMENT(S)SERVED: ru [Check the applicable document(s)j .0 Postago $ �►' _ yf iz jl XNotice of Violation Candied rqe _Notice of Hearing °o Return Receipt Fee P. :rk I=1 (Endorsement R�squi;e 1) Notice of Hearing/Imposition of Fines neot °°"' "Fee 0 _Citation r-r ri.i Case# CESD20120004188 DC-31 NOV _Notice to Appear o BIGICA, DOREEN _Code Enforcement Board Evidence Packet o -; 2391 19TH ST SW _Other: P- '' NAPLES, FL 34117 PS Form 3E00.Aug trd P006 See.igt•Te;',e Ice elz iectionc 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 2391 19TH ST SW NAPLES,FL 34117, on March 29,2012, at 10:32Am. (will go Tomorrow's mail-3/30112Fri) I are /40 0 af2 Li -°, (Signature of Code •rcement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or affirmed)and subscribed before me this day of March ,2012 by Kimberly Brandes ( -me of person making statement) ii I(`gna ure of N u " ' ¢.i c) si RL.EY sA ► NOTARY PUBLIC I:-STATE OF FLORID y . Comm#DD094 $o * t 4V ' ,. _^ 1 if Al+t s (Print,type or stamp ommissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced Or mV .°i CJ cr' n ° P too„. o g w zi5 2 aa o 3 e � c c5 U 111 7 E c ..., DDD Q- ill Z' 2 Ti m `m CI.17 W m ih m CAL rn 3T:� ro } > 'LUGS a 6 m .CC 4 -T. - © a".4,0❑ a ,a E 0 C.) a 2 m m C3 co m m w 0 E V > a CO ti 8 0 021DoE 0 ti- ntw Am d a lit �'-0 0 .-4 I`- 1'`- s » mroa oWC!1r o 3- °� ym cV W (� w tat C 2 0 d i EL, � p� a W LL E E T, , . C) = 3.gm a) U -J E o u p°r>LO O= ate ! (r) o) Cl- CO z 8 D-. Vigo Um NZ 1 � p co III ■ ■ r Li- tt) N LL Muni code 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 I 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 Orpermit 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.com/print.aspx?clientlD=13 992&HTMRequest=http%3 a%2f%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. 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 1 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 4 a 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. 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_//library.municode.com/print.aspx?clieritlD=13 992&HTMRequest=http%3 a%2f%2fli... 4/30/2012 Municode Page 3 of 26 construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. http://library.municode.com/print.aspx?clientlD=13992&HTMRequest=http%3 a%2tt/o2fli... 4/30/2012 3105416 OR: 3189 PG: 2072 RICORDID lD OIFICIAL RECORDS of COLLAR COUNTY, IL 01/06/2003 at 07:55AM DWIGHT I. BROCA, CLIRI RIC FIE It.50 D3C•,10 .70 Ret.n: .JACOB I COLGROVI 1570 SHADOWLAWI DR EXPOS DL 34104 4321 QUIT-CLAIM DEED 283.RP 1 ti THIS QUIT-CLAIM DEED, executed this 1 1 day of December, 2002, by JOHN P. BIGICA, a single man, hereinafter designated as the Party of the First Part, to DOREEN BIGICA, a single woman, whose Post Office address is 2391 Nineteenth Street SW, Naples, Florida, 34117, hereinafter designated as the Party of the Second Part. WITNESSETH : That the said First Party, for, and in consideration of, the sum of Ten($10.00) Dollars, in hand paid by the said Party of the Second Part, the receipt of which is hereby acknowl- edged, does hereby remise, release, and quit-claim unto the said Party of the Second Part, for- ever, all the right, title, interest, claim, and demand which the said Party of the First Part has in, and to, the following described lot,piece-or arr�el of land, situate, lying, and being in the C >� County of Collier, State of Florida�,-tb w��, U� The South 180 feet of,Tra r70, GOLDEN GATE TXTES, Unit 195, accord- ing to the Plat therepf, asirennrded`in-Plat-Book 7,\at Page 102, of the Public Records of Collier Couniy„. ri —r (....., if (_,;(4, �,�SUBJECT TO eas c ionsjines\eta,.. ons..o x record, if any, and taxes for the current yea and all s bsequen�:�ears. i Parcel Identification N \ 45965880003 '' ..� cy/ CONSIDERATION LES'SIEIA- `MIRED($100.00) DOLLARS THIS DEED IS BEING EXECUTED IN ACCORD WITH THE FINAL DECREE OF DISSOLUTION OF MARRIAGE WHICH WAS ENTERED BY THE COLLIER COUNTY CIRCUIT COURT UNDER CASE NO: 02-3758-CA-01. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim, whatsoever, of the said Party of the First Part, either in law or equity, to the only proper use, benefit, and behoof of the said Party of the Second Part, forever. IN WITNESS WHEREOF, the said Party of the First Part has signed and sealed these presents the day and year first above-written. Li . -- Akt ,r\I WITNESS ,) JOHN'P. BIGICA I . -artiki In-"? ''k- C-)e 1 ',/ 1 liklitv PRINT WITNESS NAME OR; 3189 PG; 2073 01".A WITNESS �T�fcY.�E CoG�'2o - PRINT WITNESS NAME STATE OF FLORIDA . § § COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to admin- ister oaths and take acknowledgments, personally appeared JOHN P. BIGICA who is. n-_ ally known to me or who has produced his Florida Driver License Number as identification, and who executed the foregoing Quit- Claim Deed and he acknowledged before me that he executed the same. WITNESS MY HAND and Official Seal this _� � day of December, 2002. � 1 1 PG:. //�A� CC9i$i�ture of Notary �, ;flail M\'f'r1MMISS�E".(7‘9‘1114,5--- .flame of otary Printed ?an,, Flonfu,(3 J..azanc�¢'\ —' IAIIM1NDTAFV FL wary ierme Doom , . . ,,. ... 7 �� v ,, penal on Cq V 'ssion Number \ My o ��Aston Expires r\1 CI. C',` THIS INSTRUMENT PREPARED BY: JACOB E. COLGROVE, ESQUIRE 1570 SHADOWLAWN DRIVE NAPLES, FLORIDA 34104 941/775-4200 PREPARATION OF INSTRUMENT ONLY, WITHOUT BENEFIT OF TITLE OPINION Ip 1, x ii '-. . :-.: d T/ �' r i"4 � ,`? ,, i . I t �... 4YI � zy i :r 111 i d. ' 1 ' 31 6, .: , r !71"'t„..- '-''''''S.-.447,:t:::';:';,:.:!4..1'..„ii..4''',"':'''',.,'*-,.:-;7": n•;:f'',Itti'i'''gl''''1:s;-1',":".'.:'., ii- i. ,.�5 S fig l.i ` 'k4'...�` IN IV f i 9 s ri, 0 N t, . ,�, • �t t .,, , yy33 YY.. i .,, 43.. ,..If ,.,„,•,., 1r :, ,,,i .-: .;:.''''',..' ..,....,..' •': ' . ... ,.. .. s T A n 8 h k t J V fig s +, F 0 .-F ri" +,,r t ! cl d 1 _-,- .i.,,,,, ii,,,,,,';,,`-I.,;:;,.,*.t...., .,7t .t t.it. . - +6 �.:-,�1¢ 4' ` "" `fir i.+ :*✓ ,_' III G I , J .. h1Lff �'lt�1 n , •i I .�.P,_\ / i hd .( i d I T ,� E x �kI � n) — J !{ : � —_ � . aVi P -A n 4'4! -- --. --1 yl ahoy J : ;22 ....122 OS CO / a i —C I H11.1.1_O ,�" ".Id I. -_fit v cat- • _ • i �� A : Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Doreen Bigica Inv. Danny Condomina Department Case No CESD20120004188 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120004188 Board of County Commissioners, Collier County, Florida Vs. Doreen Bigica Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06 (B)(1)(e) Danny Condomina, Code Enforcement Official Department Case No. CESD20120004188 DESCRIPTION OF VIOLATION: No Collier County Building permits for garage door converted to double glass doors. 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 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120006530 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PARK EAST DEV LTD, Respondent(s) JAMES G O'GARA, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) LOCATION OF VIOLATION: 5100 27th Place SW Naples, FL 34116 SERVED: PARK EAST DEV LTD, Respondent JAMES G O'GARA, Registered Agent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive • Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. • I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20120006530 Park East Dev.LTD,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended section 10.02.13(F) 2. Description of Violation: Failure to submit annual PUD monitoring report. 3. Location/address where violation exists: 5100 27th Place SW Naples, FL 34116 Folio 36453120006 4. Name and address of owner/person in charge of violation location: Park East Dev. LTD 5258 Golden Gate Pkwy Naples, FL 34116 C/O James G. O'Gara 5258 Golden Gate Pkwy Naples, FL 34116 5. Date violation first observed:4/30/2012 6. Date owner/person in charge given Notice of Violation: 5/18/2012 7. Date on/by which violation to be corrected: 6/18/2012 8. Date of re-inspection: 6/19/2012 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 this c2‘.7 day ofcL;i , 2012 ( 4— / - Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw.m to(or affirme.)and subscribed before thisXday of i/.+-4-,2012 by /1 `-.'� 'S n :I. .. 414 Li ignature of ot.s Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known , or produced identification smiRLEY GARCIA Type of identifi ation produced Nt.‘s;- , NOTARY PiJBLIC `'., . STATE OF FIOflI. REV 1-4-12 " . , Comm#DDO9433�;C '4, E i% Exaires 12/21/2C i�:. Case Number: CESD20120006530 Date: May 18,2012 Investigator: David Jones Phone:2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PARK EAST DEV LTD 5258 GOLDEN GATE PKWY NAPLES, FL 34116 Registered Agent: James G. O'Gara 5258 Golden Gate Parkway Naples, FL 34116 Location: Unincorporated Collier County Zoning Dist: Property Legal Description: GOLDEN GATE, UNIT 7 BLK 261 LOTS 13-16 Folio:36453120006 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. Monitoring Requirements. Collier County Land Development Code 04-41 as amended, section 10.02.13(F) F. Monitoring requirements. In order to ensure and verify that approved project densities or intensites of land use will not be exceeded and that development committments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s)of a PUD to the County Manager or his designee.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Failure to submit annual PUD monitoring report. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): You are responsible for filing an Annual Monitoring Report with Collier County on the anniversary of your PUD's approval. The requirements for Monitoring Reports are set forth in Sections 10.02.13(F) and 10.02.07(C)(1)(b) of the Collier County Land Development Code. You must submit your report on or before June 18th, 2012. Per County Code you are obligated to submit the following: Two completed copies of the PUD Annual Monitoring Form: One of three traffic count options: One executed affidavit. Failure to provide these reports and documents can result in non-issuance of development permits and approvals. ON OR BEFORE: 6/18/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 1 �w "--- - 2800 North Horseshoe Dr, Naples, FL 34104 Investigator S..gnattiire Phone: 239 252-2440 FAX: 239 252-2343 David Jo s) Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit, building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Respondent(s); Code Case Number; CESD20120006530 PARK EAST DEV LTD THE DESCRIPTION OF THE DOCUMENVT(S) POSTED: (Check the applicable document(s)1 XNotice of Violation Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other I David Jones, Code Enforcement Official, hereby swear and affirm that I have personall document(s)for the above respondent(s)at Folio 36463120006, on y posted the above described 12:30pm 5/18120'12 (Date), at (Ti me), and at the X Collier County Courthouse Immokalee Courthouse. (Signature of Code - ►,4 cement Official) David Jones,,,,,---"-- STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 14 .,___ ____day of '?'1 8y 2012 by David Jones(Name of person making statement) (Signature of Notary Publirrll ND 1'PTJ3LT.CST9 JFFL0RTJ3A i N r• ;, ' I\1t*10er'y Brandes Co 7.71 ;., .,,�$ D92613Q ., ,,,o-- Expires' SEP.17,2013 BONDED MC ATLANTIC B;ND tip:CO.,INC (Print,type or stamp Commissioned_Name of Notary Public) "Personally known Produced identification Type of identification produced 1 AFFIDAVIT OF MAILING Code Case Number:CESD20120006530 Respondent(s): PARK EAST DEV LTD REG AGENT:JAMES G. O'GARA THE DESCRIPTION OF THE DOCUMENT(S)SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirley Garcia, Code Enforcement Official,hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S.Mail to the above respondent at 5258 GOLDEN GATE PKWY NAPLES, FL 34116, on 5/22/12 (Date),at 7am (Time). i ,L,a,,C,. ignature of Co•e otOement Official) Shirley Garcia . STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this ..Z3'"Ai day of ,2012 by Shirley Garcia(Name of persory,fnaking statement) ,. w &, 24 — (Signature of Notary Publ' ."OTARY PUBLIC-STATE c3;FLORIDA KimberlyµB�r�a(n;dres�/� w ,„.;..CDfn,iSS,O.1#DD926130 ,,,,,/Expir s: SEP.17,2013 BQNA OTanATLLAh7ICsontNGcc.,a (Print,type or stamp Commissioned Name of Notary Public) X_Personally known Produced identification Type of identification produced `,,E' ff �, Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. Name of project. b. Name of owner. c. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and any on-site or off-site commitments completed and approved as of the due date of the monitoring report. d. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. e. A traffic count report for all access points to the adjacent roadway. network which must be signed and sealed by a professional engineer and performed over a 72-hour weekday period to include 15 minute intervals and turning movements in the PM peak 2 hours; except that the owner(s) of the PUD, in lieu of submitting an annual traffic count report, may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count(s) as defined in an engineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the major roadway network used by the development as defined in the originally submitted traffic impact statement. f. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 9. Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. h. Status of commitments in PUD document, including projected completion dates if then established. Other information as may be required by County Manager or his designee. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD, 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning Services Department Director shall automatically transfer responsibility for filing that annual monitoring report. i lets 2586418 OR; 26 5 PG; 0984 COTS 950000.00 MTTIOPOLITAI TITU i GUARANTY RCOIDID 14 the OIlICIAL IICOIDS .f COLLIIR COUITT, PL LIT III 10.50 PICK OP 01/21/2000 At 01:331X DIIGIT I. lOCI, CLINK DOC-.10 ii50.00 WARRANTY DEED (CORPORATE) THIS INDENTURE,Made this day of January 13, 2000 BETWEEN • Avatar Properties Inc. a Florida corporation 201 Alhambra Circle, 12th Floor, Coral Gables, Florida '3134 a cOtpetsbon organised and exsttcg under the laws of the State of FLORIDA of the County of IQMQ-DADS ,Soto of Merida;petty of the that rt Development, Ltd., a Florida Limited Partnership 5405 Park Center Court, Naples, Florida 34105 of the County of Collies ,State of Florida,patty/parries of the second part WITNESSEfH: that the said party of the fast pan,for and is coaudeatioa of the sum of TEN AND NO/100 DOLLARS(S10.00),AND OTHER GOOD AND VALUABLE CONSIDERATION is hand paid by the said patty/parties of the second part,the receipt whereof ks hereby acknowledged,granted, bargained and sold to thud party/patties of the second part,their heirs and assigns forever,the following described land,sites Yang being in the County of Col liar See of Florida,ie wit Lots 28, 29 30 and 31, Block 217, GOLDEN GATE UNIT 6, according to the plat thereof, as recorded in Plat Hook 5, pages 124 through 134. inclusive, Public Records of Collier County, Florida. AND Continued SUBJECT TO RESIRTCIZVE COVENANTS,CONDITIONS,EASEMENTS AND RESERVATIONS** Aad the said pony of the that pert does hereby fully warrant the tide to said land,and will defend the same and the lawful claims of all persons whomsoever,except for taxes end assessments far the year of 2000 wbaegnmt yeas. COMMON TO THE • r v t�nsetas X00 : . ' - •• •C•-•. 'ammo=to be=muted n its name by its :,r•• orpeste Seal to beheiFfo tired the day and year th n / at shove written. • (CORPORATE SEAL) % ` v �¢ / vatar o ties Inc. a Florida ion . l / d r� ' i L, •Executive �1{ ��---/ D'..,•• .11. teas. Vise President Signed iiiiiiiw in• . 'k_i%/illl._/ 4 �A' }.171 • rhsra - •.ate +; . STATE OF FLORIDA COUNTY OF MIAMI-fie by me foregoing instrument was acknowledged before me this. 1Rthday of January - 11100 Dennis S. Getman the Executive vice President a t tR rmr corporabm on bduif of the corpora io . Hs/Sirs errata !sown sotmahas ereonaiiy w- vn es ailifir.7,iii Y Clark N•• " t'to sad for the Cowry and Sone Afareraid. GRANTEE: Park East Development, Ltd. y ioatspites 23, 2002 SOCIAL SECURITY N: GRANTEE: SOCIAL sECURfly I: gan ANIO RETURN TO: PROPERTY 1De PREPARED etropolit Tit a 4 ranty Co o U$ 5401 Pelican Bay Blvd., ►600 See Attached l'..^.t.' Naples, FL 34108 S o File i 99-03-0342 o°I Attn: Diana P. Lindsey V 9 i p 49 al u i.o a Ill. V minaret II o Y Q i o. Q- u *** OR: 2635 PG: 0985 *** • • COETEM0122011 OP LEGAL LiscaIPTIOB Leta 13, 14, 15 and 16. Block 261. Lots 1, 2, 3 and 4, Block 262 and Lots 1, 2, 3, 4, 5, 6, and 7, Block 243, GOLDEN GATE MA/T 7, according to the plat thereof, as recorded in Plat Book 5, pages 135 through 146, inclusive, Public Records of Collier County, Florida. • • • ROM Per Ialossatioo Onlyc Tex 20 036318160006 Tax ID 136311100005 Tax ID 036311640007 Taft ID 036320080002 Tax ID 036453120006 Tax ID 036153160001 ?mac ID 036653200007 Tax ' 09 Tax ID 136453280001 Tax ID 130453320000 6 Tax ID 036453400001 Tax ID 036441010006 r • 36441• _ • fax ID 036441160007 WM ID 036441200001 /'r f• ID 03644124000*",� Tax ID 036441210000 Tax ID 036441320009 `' "•, (I) • E-; • -riE CI}jj'��L • • • • COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120006530 Board of County Commissioners, Collier County, Florida Vs. Park East Dev. LTD Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 10.02.13(F) David Jones, Code Enforcement Official Department Case No. CESD20120006530 DESCRIPTION OF VIOLATION: Failure to submit annual PUD monitoring report. 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. Respondent must submit two complete copies of the Planned Unit Development annual monitoring report form, one of three traffic county options, and one executed affidavit 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. Park East Dev. Ltd. Inv. David Jones Department Case No CESD20120006530 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007050898 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MR 99 CENTS INC, Respondent(s) NIVIAN HASSAM, 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: 08/23/2012 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: 1811 Lake Trafford RD lmmokalee, FL SERVED: MR 99 CENTS INC, Respondent NIVIAN HASSAM, Registered Agent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 2007050898 Board of County Commissioners vs. Mr. 99 Cents, Inc„Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(l)(e) and 10.02.06(B)(1)(e)(i) Location: 1813 Lake Trafford Road Immokalee, FL 34142 Folio # 00074560000 Description: A 50 foot by 12 foot room addition without first obtaining proper Collier County permits. Past Order(s): On September 24, 2009 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 4499 PAGE 2139, for more information. The last Extension of Time was granted on March 22, 2012 See the attached Order of the Board, OR 4784 PAGE 1797, for more information. The property is in compliance with the Code Enforcement Board Orders as of June 25, 2012. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of$200.00 per day for the period between June 21, 2012—June 25, 2012 (5 days) for the total of$1,000.00 Order Item# 1 Operational Costs of$86.71 have been paid Total Amount to date: $1,000.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.2007050898 vs. Mr.99 CENTS INC. INSTR 4679357 OR 4784 PG 1797 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 Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(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,ann Appeal shall not stay the Board's Order. (� DONE AND ORDERED this - da y o ,�,I) k 0,2012 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Vt8t of :Ri l Lounty of COLLIER • j r •, air 2800 North Horseshoe Drive i H EREBY CERTIFY THAT this is 8 kla, Naples,Florida 34104 .;orrect copy or a oo+,uritern on Me in Board Minutes and,ReCOrOS of Corner Cout%tp ' , seal this teiRoSaymovina,iiitoti_it �Z IGHT E. E4RO :K, CLERK OF COURTS 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,Flor . who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTN°T• Y PUBLIC 0;*n1,4,,, ' .-0`• = Notary Public-State ottiiunimission expires: •; r•,v;• My Comm.Expires Jun 18,2015 ) Commission#EE 87272 Bonded Through National ATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Mr.99 Cents,Inc., 1811 Lake Trafford RD,Immokalee,FL,Christopher Mast,Esq., 1059 5'1 Avenue N.,Naples, FL 34102 and Michael L.Kraus,Esq.,400 Fifth Avenue S., Ste 200,Naples,FL 34102 thii-day of 2012. 1, M.Jean, wson,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, CASE NO.2007050898 vs. Mr. 99 Cents Inc. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on August 25,2011,on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: • That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for six(6)months(February 21,2012). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L2 / day of ( ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY F •: BY: —� i . - 1y-C •.0 51atN 01 r t1yA, 2800 North Horseshoe Drive rOUray of COLI.i Naples,Florida 34104 HERE" CEt T)SY:i4 ' tii $ a tale and ..n7.pr-r rn y C11sii,{3ocurnen OR"yl81n Count z,S 6 'end. Fla 0' i- I i ' I'FDS y INSTR 4605805 OR 4718 PG 1657 ca y.,01- • *, RECORDED 9/13/2011 11:01 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT ZM9 -$T E. BROL4 CLERICAF ®�RTC' r CCOLLIER C IER COUNTY FLORIDA 11' ' I �c a va - tut' STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, I day of a t 2011,by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County,Florida,rho is ✓personally known to me or who has produced a Florida Driver's License as identification. KRlSTiNE TWENTE t 4 1 •r ti� Nogry Public-State of Florida r NOTARY P B• ..My Comm.ExDk�dun 18,2015 ' My commission expires: Commission!EE 87272 Bonded Ttuo*OU National Notary Man. P CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mr. 99 Cents, Inc., 1811 Lake Trafford RD, Immokalee,FL, Christopher Mast,Esq., 1059 5th A venue N.,Naples, FL 34102 and Michael L.Kraus,Esq.,400 Fifth Avenue S., Ste 200,Naples,FL 34102 this `day ofnk.ti&, 2011. M.'Je••'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 INSTR 4560693 OR 4681 PG 2027 RECORDED 5/13/2011 8:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, CASE NO.2007050898 vs. Mr.99 Cents Inc. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on April 28,2011,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(July 29,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of !l 1 cl�l 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO _e '.:: • BY: .ice .Pf.1t tL Ft� A Ke eth Kell COLLIER 2800 "o I Horseshoe Drive -4:founw of Naples,Florida 34104 1 HEREBY CERTIFY THAT this Is a true an f'orract copy of a crocus e t OA'Ala iF Board Minutes an4 rds Ot Collier OOaltl .'"n= ow liana mil ..cfff+ dal t 014,ft $1/c-Yrtn!-)t,l f .'J• `n STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of (l"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. KRISTINE TWENTE I��w. �. � —1 v'., NOTARY PUBLIC Nory Public State of Florida tozr ' My omm.Expires Jun 18,2015 My commission expires: ,�. Commission+E EE 87272 1%%F; ;o`'` 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 Mr.99 Cents,Inc., 1811 Lake Trafford RD,Immokalee,FL,Christopher Mast,Esq., 1059 5th Avenue N.,Naples, FL 34102 and Michael L.Kraus,Esq.,400 Fifth Avenue S., Ste 200,Naples,FL 34102 this ((,*'—day of , 2011. 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, CASE NO. 2007050898 vs. Mr. 99 Cents Inc. Respondent / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on October 28,2010,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 six months(April 22,2011) Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of /'--!U V.,2010 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA . -tat:; c it kkLt+ BY: �or�t ofCOWL* KennChair 2800 North Horseshoe Drive 4 HERESY CERTIFY THAI the S* OW Naples, Florida 34104 ~order t cony Of a aecu mtePt on folk AD - .;,.rd Minut*s.and-R@coitts ot.C.94,st C Al :SS my 1 ria-and 0fc1 sal this `1 . as 8fl f/,K ,,.) 1pt INSTR 4495311 OR 4623 PG 1813 �- RECORDED 11/12/2010 3:48 PM PAGES 2 DWIGHT E. DWIGHT E. BROCK CLERK,tt.r BROO �— COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ')day of t/J C)\/ ,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. TLC E.=- ._. rr \"sJl/L t,,:�:' KRISTINE BOLTON NOTARY PUBLIC �J a MY COMMISSION#DD 686595 My commission expires: a k-,;.: EXPIRES:June 18,2011 ',;.,v. v Bonded Trite Nata 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 Mr. 99 Cents,Inc., 1811 Lake Trafford RD, Immokalee, FL,Christopher Mast,Esq., 1059 5th Avenue N.,Naples, FL 34102 and Michael L. Kraus,Esq.,400 Fifth Avenue S., Ste 200,Naples,FL 34102 this 'day of tV C"\ 2010. /; .e__, -7,1 7// ae,,, t,-- t,/,_ 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 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007050898 vs. MR. 99 CENTS, INC., INSTR 4350760 OR 4499 PG 2139 RECORDED 10/12/2009 2:31 PM PAGES 2 DWIGHT E. BROCK Respondent. COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Mr. 99 Cents, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1813 Lake Trafford Road, Immokalee, Florida, FL, Folio #00074560000, more particularly described as the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4, Less Lake Trafford Road right-of-way, Less the South 380.72 feet, and Less the West 95 feet, all in Section 32, Township 46 South, Range 29 East, Collier County, Florida is in violation of Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: A 50-foot by 12-foot room addition without first obtaining proper Collier County permits. ORDER OF THE BOARD • Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$86.71 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall obtain a Collier County building permit for any construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtain a Collier County demolition permit to remove any said illegal construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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 with all costs of abatement to be assessed to the property owners. 5. Respondent shall terminate electrical to the storage room within 15 days of this hearing. 5. Respondent shall provide monthly updates in a written form to Code Enforcement for the next 365 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this /s� day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this / i day of October, 2009 by Kenneth Kelly, 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. WANDA RODRIGUEZ Commission DD 631743 Expires January 21,2011 NOTARY PUBLI ''gyp,,,,. Bonded Thru Troy Fain Immure 800-386-1o19 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 Mr. 99 Cents, Inc., do Nivian Hassam, Registered Agent, 280 NW 129th Ave., Miami, FL 33182 this ,-,3--AcA day of October, 2009. Sulk a; ;t.fiRISR / �ounry of COWER HEIDI ASHTON-CICKO, ESQUIRE I HEREBY CERTIFY THAT WS 13 a Ns ea Florida Bar No. 966770 :orrect copy of a r v...em t C'1 Ills m Attorney for the Code Enforcement Board -ard Mint t:s r %rfik of Collie'Curdy OFFICE OF THE COUNTY ATTORNEY N ESS my 'W '-jkit seat this Harmon Turner Building Gay 3301 East Tamiami Trail Naples, Florida 34112 It H E. BFROC:'K �� . MUD x(239)252-8400 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007050898 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MR 99 CENTS INC,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: That on September 24, 2009,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 noted in original finding of fact OR Book 4623 PG 1813. Extention of time granted in OR Book 4784 PG 1797. 1. That the respondent did contact the investigator. 2. That a re-inspection was performed on [June 21,2012]. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by otaining a Demolition Permit, inspections and CO by 06/21/2012. FURTHER AFFIANT SAYETH NOT. DATED this/flay of , ,2012. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD /Yip,— Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to r affirmed)and subscribed before me this /O day of A-35U$1 ,2012 by Maria Rodriguez /CAI (Signature of Notary Publ e9tp0.'';8,,c INDIRA RAJAH (Print/Type/Stamp Commissioned Name of Notary Public) * �_� * MY COMMISSION A EE 126592 ill` EXPIRES:December 7,2015 Personally known 0ri?FOFf.OQ 4. Bonded Thru Budget Notery Services CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006971 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HENRY &JAN E HOLZKAMPER, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:3230 Thomasson DR Unit:A Naples, FL SERVED: HENRY & JAN E HOLZKAMPER, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110006971 Board of County Commissioners vs. Henry and Jan E. Holzkamper, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 3230 Thomasson Dr. Naples, FL 34112 Folio # 5260044005 Description: Drywall has been removed and replaced in the east building's bottom east unit (a) and the stairs on the front of the east building have been repaired to include but not limited to: handrails, steps, and supports without first obtaining all required Collier County building permits. Past Order(s): On August 25, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4732 PAGE 491, for more information. An Extension of Time was granted on February 23, 2012 See the attached Order of the Board, OR 4772 PAGE 1327, for more information. The property is in compliance with the Code Enforcement Board Orders as of August 7, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between May 24, 2012—August 7, 2012 (76 days) for the total of$15,200.00. Order Item# 5 Operational Costs of$81.15 have been paid Total Amount to date: $15,200.00 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, CESD20 1 1 000697 1 vs. HENRY AND JAN E. HOLZKAMPER, INSTR 4666320 OR 4772 PG 1327 RECORDED 3/8/2012 12:03 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COWER COUNTY FLORIDA REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 23,2012,on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. • ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(May 23,2012). Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of Ice-if)" ,2012 at Collier County, Florida. _ ., � " '� CODE ENFORCEMENT BOARD Matt t ' ; STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this_ day of �7� i , 2012,by Robert Kaufman,Vice Chair opthe Code Enforcement Board of Collier Coun Florida,who is personally known to me or \-7 who has produced a Florida Driver's License as identific. •en. av MiS>a NOTARY P ,��„e�;,,,, �CHRISTIN,�+I-�#EE 142.30 UBLIC aa$' `: MY cOMMISSiON A, *_ EXPIRES:NovePm U �2 My commission expires: 7�+,P• Bonded Thtu Notary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has be r�ttby U. S.M '1 to to Henry and Jan E. Holzkamper, 12887 Valewood Drive,Naples,FL 34119 thisr day of 2012. /2 ? L C M.Jeaykawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 INSTR 4621763 OR 4732 PG 491 RECORDED 11/1/2011 1:09 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110006971 vs. HENRY AND JAN E. HOLZHAMPER, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Henry and Jan E.Holzhamper are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3230 Thomasson Drive,Naples,FL,34112 Folio 5260044005,more particularly described as Lots 12 and 13,Jonesville Subdivision,according to the plat hereof recorded in Plat Book 4,Page 41, of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and 10.02.06(BX1)(e)in the following particulars: Drywall has been removed and replaced in the east building's bottom east unit(A)and the stairs on the front of the east building have been repaired to include but not limited to: handrails,steps,and supports without first obtaining all required Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) and 10.02.06(B)(lxe)be corrected in the following manner: 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure/improvements and requesting all required inspections through certificate of occupancy/completion within 90 days(November 23,2011). • 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 23, 2011,then there will be a fine of$100 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ij�`/ day of rt-R- • ,2011 at Collier County,Florida. J CODE •" e •C • T BOA '.c CC IERCO,A Ty,F a •. cA B . r ., / —....0111111 Ro '.0 an,V.-- hair 00 orth Horseshoe Drive 'Napl ,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ; d y of (,(zz (i , 2011,by Robert Kaufman,Vice-Chair of the Code Enforcement Board of Collier bounty, Florida,who is ersonall known to me or who has produced a Florida Driver's License as identification. n., KRISTINE TWENTE ,/ if 40,7e� -= Notary Public•State of Florida R t Lam-` `—k ` '� '� : f• •2 My Comm.Expires Jun 18,2015.: NOTARY PUBLIC *s..--.4;• ,•' Commission#EE 87272 My commission expires: •N« Bonded Through National Notary Assn. I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Henry and Jan E. Holzkamper, 12887 Valewood Drive,Naples,FL 34119 this/ ..)l_ d• of �.Cv- ,2011. �_ ! s__ M. e. '.wson, sqr Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 C, ., ",; lorida 34013 ;.olrinty Of COLti p 63-8206 I HEREBY CERTIFY TEAT• , ,: : :orrect coot' or'a documetlm Mille iA 3oard Minutes and pf(tpi CO G S 'm . , au!! . `, oay ot. b. 6 ' � it ii DWIGHT L Nagai Vt ERK;0?COURTS so L. o .,__ . ,_ _ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20110006971 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HOLZKAMPER,HENRY JAN E MOORE,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michelle Scavone,Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 25, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG , et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [August 7, 2012]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Obtaining a Collier County building permit and obtaining a certificate of completion]. FURTHER AFFIANT SAYETH NOT. DATED this [7th] day of[August], 2012. COLLIER COUNTY, FLORIDA C DDE ENFORCEM•i T BOARD , () i 1 i'' ii i 1; In 7:"Li(rw\r --�Michelle Scavone `'' �- Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER worn to(or aff ,•ed)and s .scribed before me this V day of jJ p ti34., ,2012 by Michelle Scavone \\\, , ►Q ignature of Nota ' Public) Li ' NOTARY PUBLIC-STATE OF FLORIDA colleen Crawley (Print/Type/Stamp Commissioned Name of Notary Public) `\i /Expires:I JUNEE7,:2014 BO■DDD THRU ATLANTIC BONDING CO.,INC. Personally known CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110015948 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MICHAEL ZAGER & PAULA J RHOADS, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:557 Cypress WAY E Naples, FL SERVED: MICHAEL ZAGER & PAULA J RHOADS, Respondent John Connetta, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to.be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the • hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110015948 Board of County Commissioners vs. Michael Zager & Paula J. Rhoads,Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 557 Cypress Way East Naples, FL 34110 Folio # 65322840006 Description: Remodeling/alterations to inside and outside of the house without first obtaining the proper Collier County permits and inspections. Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 314, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 26, 2012—August 23, 2012 (59 days) for the total of$8,850.00.Fines continue to accrue. Order Item# 5 Operational Costs of$81.15 have not been paid Total Amount to date: $8,931.15 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20 1 1 00 1 5948 vs. MICHAEL ZAGER AND PAULA J. RHOADS, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2012,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: 1. That Michael Zager and Paula J. Rhoads are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 557 Cypress Way East,Naples, Florida 34110, Folio 65322840006, more particularly described as Lot 1066 of PALM RIVER ESTATES, Unit 3,according to the Plat thereof as recorded in Plat Book 8, Page 9,of the Public Records of Collier County, Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)in the following particulars: Remodeling/alterations to inside and outside of the house without first obtaining the proper Collier County Permits and Inspections. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41, as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(June 25,2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 25, 2012, then there will be a fine of$150 per day for each day until the violation is abated. INSTR 4691325 OR 4795 PG 314 RECORDED 5/9/2012 11:20AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$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 / 1 day of /)'7;,t if, ,2012 at Collier County, Florida. COD e•CEMENT BOARD CO LIIERR\TY, FL' `IDA BY: �/4/ (Robert Kauf'mai�jj Cl}.ir 2800 Nortli)1or`seslioe Drive Naples,"Flof4da 34104 STATE OF FLORIDA ) / )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /�.day of l7'7Ca,1„-- 2012,by Robert Kaufman,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. �pSP �B�•,,, KRISTINE TWENTE Notary Public-State of Florida NOTARY PUBLIC ,� ,;, •r My Comm.Expires Jun 18,2015 My commission expires: Commission EE 87272 Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIF''`tRat- 'true and correct copy of this ORDER has been sent by U. S. Mail to Michael Zager and Paula J. Rhoads, 557 Cypress Way East,Naples, Florida 34110 this / S day of /)�� ,2012. :x/.y,, ✓ 1`;�—) M.Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples, Florida 34102 pia o. F v::ittYA (239)263-8206 ,ounty of COLLAR IN i HEREBY CERTIFY THAT but is alss :orroct copy of a aoCUment on !a Board Minutes and Recoros of Cod*C = MrrWPSS my nano ono official SIM bwbay or Ati&zt�o/� ,. aWIG E. mut, CLERK eir ", 4V� COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110015948 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Michael Zager&Paula J.Rhoads, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Connetta, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26th 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to in violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4795 PG 314. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 6/26/2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(June 25th 2012). FURTHER AFFIANT SAYETH NOT. DATED this 26th day of June,2012. COLLIER --01 JNTY, FLORIDA CODE FORCE e BOARD JohriCi netta Codeorcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 26th day of June 2012 by John Connetta. (Signature of Notary Public NOTARY pUYI;IGST;T OF FLORIDA mauls (Print/Type/Stamp Commissioned ' „L� f1`,oO :N000.0u�c Name of Notary Public) BO`DW ti ` Personally known ' REV 1/4/1 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110000679 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MADERLINE & EDILEYDIS GONZALEZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES • PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 08/23/2012 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: 6066 Adkins Avenue Naples, FL SERVED: MADERLINE & EDILEYDIS GONZALEZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING.YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)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 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. CESD20110000679 Board of County Commissioners vs. Maderline & Edileydis Gonzalez, Respondent(s) Violation(s): Collier County Land Development Code, 04-41,as amended, Section 10.02.06(B)(1)(a) Location: 6066 Adkins Avenue Naples, FL 34112 Folio # 00420080008 Description: Concrete slab with PVC piping, an unfurnished gazebo type structure with electrical service and a mobile home have all been constructed on the property without first obtaining all required building permits. Past Order(s): On July 28, 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 4708 PAGE 1582, for more information. An Extension of Time was granted on January 19, 2012 See the attached Order of the Board, OR 4760PAGE 648, for more information. • The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 July 19, 2012—August 23, 2012 (36 days) for the total of$7,200.00. Fines continue to accrue. Order Item # 5 Operational Costs of$80.86 have been paid Total Amount to date: $7,200.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20 1 1 0000679 vs. MADERLINE AND EDILEYDIS GONZALEZ, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19,2012,on the Respondent's Motion for Extension of Time,and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 6 months(July 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,a day of .an • ,2012 at Collier County, Florida. J CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Start-,, S l:'Lr FRIDA BY: ( =' ;minty of COLLIER Kenneth Kelly, Chair 2800 NorthHorseshoe Drive 1 HERE^Y CERTIFY-THAT this Is a true an Naples,Florida 34104 'orrect copy of a,oociment on file In Board Minutes ani :Recores of Collier County i?`" 5 rnu na`na a�n4 Official seat this aay of " " �OZ�� INSTR 4652720 OR 4760 PGa (the' RECORDED 1/31/2012 3:27 PM PAGES 2 'Er t3f3044 E. ' RK OF COURTS DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT ' / ♦ COLLIER COUNTY FLORIDA • : , REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this )Crday of ') , 2012,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County, Flo'r a,who is personally known to me or who has produced a Florida Driver's License as identification. p4,..o, kHi; i.rat TWENTE • NOTARY PUBLIC .` Notary Public -State of Florida My commission expires: • •_ my Comm. Expires Jun 18,2015 •,,. Commission#EE 87272 bonded Through National Notary Man. CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maderline and Edileydis Gonzalez, 6066 Adkins Avenue,Naples, Florida 34112 this ?S" ay of •, 2012. M.Jean ga.• vson, Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 • INSTR 4593914 OR 4708 PG 1582 RECORDED 8/5/2011 3:04 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20110000679 vs. MADERLINE AND EDILEYDIS GONZALEZ, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 28,2011,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: 1. That Maderline and Edileydis 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 appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6066 Adkins Avenue,Naples,Florida,Folio 00420080008 more particularly described as the South 1/2 of the West'/2 of the Northeast 1/4 of the Southwest'/4 of the Northwest '/4 of Section 16,Township 50 South,Range 26 East, Collier County,Florida less the West 30' and the South 30' thereof reserved for right-of-way is in violation of Ordinance 04-41, as amended,the Collier County Land Development Code, Section10.02.06(B)(1)(a)in the following particulars: Concrete slab with PVC piping,an unfinished gazebo type structure with electrical service and a mobile home have all been constructed on the property without first obtaining all required building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section10.02.06(B)(1)(a)be corrected in the following manner: 1. By applying for and obtaining Collier County Building Permits or a Demolition Permit through required inspection and certificate of completion/occupancy within 180 days(January 24,2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 24, 2012,then there will be a fine of$200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z day of 011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this n"day of CLL'-e , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Fiorida,who is • personally known to me or who has produced a Florida Driver's License as identification. � . �p ,,� KRISTINE TWENTE .`'`''S L i�' l Lk"" 1' Off��+ Notary Public-State of Florida / NOTARY PUBLIC•_My Comm.Expires Jun 18,2015 My commission expires: ='� "_. 4 Commission as EE 87272 r �''°�``�`� CERTIFICATE OF SERVICE �������` Bonded Through National Notary Assn. � I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maderline and Edileydis Gonzalez, 6066 Adkins Avenue,Naples,Florida 34112 this'?' 'day of I.)-(_.c , 011. / i / (`_ ',/e- t riC.. tr,-AA∎ M. Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Di2TN "' F L{,kllM Naples, Florida 34103 .s.ounty of CC:U.1Ri (239)263-8206 H EREPY.CE ET.,6 1447:0 hls'1$ a bus an# ,;rrect C cot•a , 8rtt,aO floe in oa rd rvkl rt�ttis +cores r ollier County ,,T. IS *tv 1 6:0 ar1t is�eat this )WIGF1Y .f,B,ROCK, CLERWOF COURTS 5 I BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110000679 Maderline and Edileydis Gonzalez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Edileydis Gonzalez, on behalf of himself and Maderline Gonzalez enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110000679 dated the 22nd day of February, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 28th, 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. Concrete slab with PVC piping and an unfinished gazebo type structure have been constructed on the property without first obtaining all required building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits OR demolition permit, their required inspections, and a certificate of occupancy/completion within 180 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all cyst. l 'abatementishha -ssessed to the property owner. Respondent or Representative (sign) ,%< D.-ne Flagg, Di -ctor - Code Enforcement Department Re pon -nt or Ref resentative (print) ate /1'1keierI t- GO('2-A ez 1 Ed"/e ,cJ -1 6Cr,2R/e Date • REV 1/5/11 i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110000679 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CARRILLO,RAIDEN ROQUELINA PINED IRASEMA LAMBERTO-PINEROGONZALEZ,MADERLINE EDILEYDIS GONZALEZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 23, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [apply for and obtain Collier County Building or Demolition Permit(s)]as stated. in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1582. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [August 8, 2012 ]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [Violation remains.] • FURTHER AFFIANT SAYETH NOT. DATED this "U] day of[A ], 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEM BOARD N , V-1.---- ------\\ Tony Asaro i \ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER worn to(or affi .ed)and su•scribed before me this L d day of fn vt74— ,2012 by Tony Asaro (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known' • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014953 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TOMMY PICKREN, 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: 08/23/2012 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: 1072 N ALHAMBRA CIR Naples, FL SERVED: TOMMY PICKREN, Respondent Joseph Giannone, 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.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110014953 Board of County Commissioners vs. Tommy Pickren, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 1072 N. Alhambra Circle Naples, FL 34103 Folio # 63401440002 Description: An unpermitted shed with utilities (plumbing) in the rear yard. Past Order(s): On March 22, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4784 PAGE 1837, for more information. The property is 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 April 22, 2012—July 26, 2012 (96 days)for the total of$19,200.00. Order Item # 5 Operational Costs of$81.43 have not been paid Total Amount to date: $19,281.43 The County recommends abatement of$19,200 in daily fines as case is in compliance and operational costs of$81.43 will be imposed as a lien. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110014953 vs. TOMMY PICKREN, INSTR 4679374 OR 4784 PG 1837 RECORDED 4/11/2012 3:51 PM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT sP 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 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: 1. That Tommy Pickren 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. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1072 N.Alhambra Circle,Naples,FL 34103,Folio 63401440002,more particularly described as Lot 3,Block 2,Naples Twin Lakes,according to the Plat thereof,as recorded in Plat Book 4 at Pages 35 and 36 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: An unpermitted shed with utilities(plumbing)in the rear yard. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,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 30 days(April 21,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 21,2012, 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. i 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day o0 ",l t ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: IldlirliglP Ke i -ire y, 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,b Kenneth Kelly,Chair of the Code Enforcement Board of Collier Co i ty,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. • *At 1111,,,, KRISTINE TWENTE OTARY PUBLIC o�_- P4e Notary Public-State of Florida =?*'�: Expires Jun 18,2015 y commission expires: ,., „ '"Comm,Exp P,+�+i•o Commission#EE 87272 ,,,, . „top," Bonded Through National Notary ASC RTIFICATE OF SERVICE BY CERTIFY that a true and correct copy o .this ORDER has been sent by U. S.Mail to Tommy Pickren, 1072 N.Alhambra Circle,Naples,FL 34103 this (-- day of C� _4,..- ,2012. '/ l - it `_���; ,,r..c "',. /M. Jean Ra''� n,Esq. Florida BaifiTo.750311 700 Eleventh Street S., Ste. 102 Naples,Florida 34102 (239)263-8206 stout ay F`t s6 lD1 r 4 uodnty of COLLIES` HEREBY CERTIFY THAT WO is 111 41014 :orrect Copy,mt a oocurrent o+,the in Board Minutia's anag ecdros o ollier COMM. 'SS rt.! ha' d and 'N 1,1 s aay of _, DWI HT E � ' 'tLERK.OF COURTS R 1 ,......„...... ErP f COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20110014953 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Tommy Pickren,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph Giannone , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22nd, 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 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4784 PG 1837. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 23rd, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Removal of a Shed with utilities. In the rear yard of the home located at 1072 North Alhambra Cir.Naples Fl. FURTHER AFFIANT SAYETH NOT. DATED this 1st day of May,2012. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 1 S torn to(or a ed)and subscribed before me this day of 2012 by 3Cp 11 `111 '_ ( ignature of Notary Public) 411 NOTARY PUBLIC•STATE OF FLORIDA Crawley (Print/Type/Stamp Commissioned '•��� Commi #EE129317 Name of Notary Public) .• Expires: . tNE 07,2014 BONDED THRU ATL.4\TIC BONDING CO.,INC. Personally known I REV 1/4/12 i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110014953 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PICKREN,TOMMY,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph Giannone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4786 PG 365 , et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [July 26th, 2012]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Removing the Shed and Utilities]. FURTHER AFFIANT SAYETH NOT. DATED this [6th] day of[August], 2012. . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT OARD ' '..f. ....7,,,yt...„4-y---51— Jo Giannone C∎.e Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w.m 4\vuo ,,ItzsA to(or affi 7., ed)and s bscribed before me this jday of U5-1—. ,2012 by Joseph Giannone Signature of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA Colleen Crawley (Print/Type/Stamp Commissioned Name of Notary Public) i -41; `Commission#EE129317 `•.,,, Expires: JUNE 07,2014 Personally known BONDED THRU ATLANTIC BONDING CO,INC. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110014953 Board of County Commissioners vs. Tommy Pickren, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 1072 N. Alhambra Circle Naples, FL 34103 Folio # 63401440002 Description: An unpermitted shed with utilities (plumbing) in the rear yard. Past Order(s): On March 22, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4784 PAGE 1837, for more information. The property is 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 April 22, 2012—July 26, 2012 (96 days) for the total of$19,200.00. Order Item # 5 Operational Costs of$81.43 have been paid Total Amount to date: $19,200.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20110009421 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERRY HERNANDEZ & BRIAN K FULTS, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:2700 47th TER SW Naples, FL SERVED: TERRY HERNANDEZ & BRIAN K FULTS, 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)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingies.Servidos the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20110009421 Board of County Commissioners vs. Terry Hernandez & Brian K. Fults, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 2.02.03 Location: 2700 47th Terrace SW Naples, FL 34116 Folio# 35988400001 Description: Observed pool built on this property with no primary structure. Pool water green with algae. 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 2795, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 December 12, 2011—August 23,2012 (256 days) for the total of$38,400.00. Fines continue to accrue. Order Item # 4 Abatement costs of$6,530.00 have not been paid Order Item# 5 Operational Costs of$80.86 have not been paid Total Amount to date: $45,010.86 INSTR 4624602 OR 4734 PG 2795 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, CASE NO.: CELU201 10009421 vs. TERRY HERNANDEZ AND BRIAN K. FULTS, Respondents 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: 1. That Terry Hernandez and Brian K. Fults are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2700 47th Terrace S.W.,Naples,Florida, Folio 35988400001 more particularly described as Lot 5, Block 88, GOLDEN GATE ESTATES, Unit 3, according to the Plat thereof, as recorded in Plat Book 5,Pages 97 through 105,of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, as amended,the Collier County Land Development Code, Section 2.02.03 in the following particulars: Observed pool built on this property with no primary structure. Pool water green with algae. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 2.02.03 be corrected in the following manner: 1. By obtaining a Collier County Demolition Permit through required inspection and certificate of completion/occupancy or fill the pool with County-approved clean fill within 45 days(December 11,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 11, 2011,then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the 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 _) day of 1'� )" `' ,2011 at Collier County, Florida. CODE : MEN BOARD CO I ' 'e I T , L RIDA B :/ J , Robert . ;f {an,Vic- air 2800_Norr -•rseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -,G�� day of t' - v 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. ��•���Y P.4��� KRISTINE TWENTEA �� �V-��ti- �i =e —ik��-, Notary Public-State of Florida NOTARY PUBLIC I. • ?My Comm.Expires Jun 18,20' My commission expires: 's� �'"- t3; Commission EE 87272 '''',�°;�■:S Bonded Through National Notary A, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Terry Hernandez and Brian K. Fults,2700 47th Terrace S.W.,Naples,Florida 34116 this -'ti J'day of t\11'� ,2011. 1-/Z 17--- ,,y,___I .Iii,;,:Jean Ran,Esq. Staff c' FV JRIDA <r`t '�t:•ida Bar No. 750311 .. utny of COLLIER rah 4� r r^ orney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 i N EREF'Y CERTIFY THAT this is ! RIMS* Naples, Florida 34103 :oorect copy or a aocument an,fife tn (239)263-8206 Board Minutes and RecOjos;A Colaler Coup nSS my nape/ITN?..v # icy day of . +ZV' ll 'WIGHT E. BROC, , CLERK F COUNTS ',.v . .. 4 _1_ -:,— .ros. ___ - i► 4 i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20110009421 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Terry Hernandez and Brian K. Fults,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Investigator Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 27, 2011, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4734 PG 2795. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 8/7/12. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtain Collier County Demolition Permit through required inspection and certificate of completion/occupancy or fill pool with County-approved clean fill within 45 days (December 11,2011) FURTHER AFFIANT SAYETH NOT. DATED this 8th day of August, 2012. COLLIER COUN , LORIDA E ENFOR• ME T BOARD Investigator Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swoo d to(•, a f ed)and subscribed before me this C day of 2012 by . (Signa ,•,wry IP '4�}! SIGN#DD 933915 It p '''r ' - EXPIRES:February 16 2014 It ",;F o' Bonded Thru Notary Public Underwriter, (Print/ '•.° a p ommissioned Name of Notary Public) Personally known J REV 1/4/12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007803 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LARRY W FOX, 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: 08/23/2012 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:681 11th ST SW SERVED: LARRY W FOX, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran 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. CESD20110007803 Board of County Commissioners vs. Larry W. Fox,Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 681 11th Street SW Naples, FL 34117 Folio # 37014680007 Description: Storage shed in the rear yard converted into a living space with a small kitchen and bath according to the property owner, storage shed occupied by family members. 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 1329, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 2012. The Fines and Costs to date are described as the following: Order Item# 1 & 3 Fines at a rate of$150.00 per day for the period between June 23, 2012—August 23, 2012 (62 days)for the total of$9,300.00. Fines continue to accrue. Order Item#6 Operational Costs of$80.57 have been paid Total Amount to date: $9,300.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20110007803 vs. INSTR 4666321 OR 4772 PG 1329 LARRY W.FOX, RECORDED 3/8/2012 12:03 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA / REC$27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on 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: 1. That Larry W. Fox 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 681 11th Street SW,Naples,FL,Folio 37014680007,more particularly described as the South 180 feet of Tract No. 72,GOLDEN GATE ESTATES,UNIT NO. 9,according to the map or plat thereof,as recorded in Plat Book 4,Pages 99 and 100 of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a)in the following particulars: Storage shed in the rear yard converted into a living space with a small kitchen and bath according to the property owner,storage shed occupied by family members. 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(June 22,2012). 2. By not occupying the unpermitted living space and turning off the utilities within 24 hours until the Building or Demolition Permit has received a certificate of completion/occupancy. 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$150 per day for each day until the violation is abated. 3. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 24 hours, then there will be a fine of$250 per day for each day until the Building or Demolition Permit has received a certificate of completion/occupancy. 4. 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 fmal inspection to confirm the abatement. 5. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 6. 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 fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ,2012 at Collier County,Florida. CODE-ENFOR EMENT BOARD COLLIER (4TY,F •RIDA �._■® Roe ='`fmar),Vi - Chair 2800 Nrth'I-I rs- oe Drive Naps,Flo • a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of*�rL,C f 2012,by Robert Kaufman,Vice Chair of the Code Enforcement Board of Collier County, Florida e is personally known to me or \.Z who has produced a Florida Driver's License as ide • .tion. �! `\ CHMY RCISOML IOuN pNp EE 14W2S130 KI N—OTARY PUBLIC —� � p•. : ;; EXPIRES:November 22,2015 My commission expires: Zr ••••. Bonded lieu Notary Public Undervrtiters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correc o sy of i9 OpIER has been sent by U. S. Mail to Larry W. Fpx 11th Street S.W.,Naples 341 i1 1 W 7 M1.day of `-`t.. — - ,2012.• :,10unty Of COWER I HEREBY CERT1FY'T}1AT this Is a M.Jean Rawson,Esq. Of a:-flaCtle�t'i OA �� Florida Bar No. 750311 :orrect-CODy 2375 North Tamiami Trail, Ste.208 Board Minutes and`RCOYC35 ot.C4CiieP w " Naples, Florida 34013 r €`Sb rnv a 0 !cn'. C� , hi (239)263-8206 T E BROOK -CLERX OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20110007803 Larry W. Fox Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Let r%V 7-0 X; , on behalf of himself or as representative for Respondent and entel`s into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110007803 dated the 6th 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 S-��Dru. ` 3 4::Q 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 $ 30.' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or a Demolition Permit, inspections and a Certificate of Completion/Occupancy within 120 days of this hearing or a fine of$150.00 per day will be imposed until the violation is abated. 3) Unpermitted living space must be unoccupied and utilities turned off within 24hrs.of this hearing until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of$250.00 per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab- - ent shall be assessed to the property owner. f.- Respondent/. Representative (sign) n" ODiane Flagg, Director Code Enforc ement Department/07 3//?- Respondent or Representative (print) Date X - Date `� � REV 8/17/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110007803 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FOX,LARRY W,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 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)] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4772 PG 1329 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 3rd 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 a Demolition Pennit were obtained to include all required inspections through certificate of occupancy/completion within 120 days (June 22, 2012)] • FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of July, 2012. COLLIER COUNTY, FLORIDA CODE-ENFORCEMENT BOARD ` : Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ,worn to or affirmed and subscribed before me this = day of j v 114 ,2012 by Christopher Ambach " el! e ofN.l, 'u. 4141 gY GARC1P. NOTARY PUBLIC • i STATE OF FLC)Rll,, (Print/Type/Stamp Commissioned Name of Notary Public) a y !,,�-" Cwnm#aD0943dC '?et 1• Expires 12/21/2z)1. Personally known J CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110013644 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GISELLE &ALEJANDRO MELENDI, 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:3680 4th AVE SE Naples, FL SERVED: GISELLE & ALEJANDRO MELENDI, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. • Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida on el idioms Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110013644 Board of County Commissioners vs. Giselle & Alejandro Melendi, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 3680 4th Avenue SE Naples, FL 34117 Folio #40865680007 Description: Attached garage enclosure and turned into living space, detached garage and swimming pool with enclosure built without Collier County Building permits. Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 333, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 26, 2012 —August 23, 2012 (59 days)for the total of$11,800.00. Fines continue to accrue. Order Item# 5 Operational Costs of$80.57 have not been paid Total Amount to date: $11,880.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20110013644 vs. GISELLE AND ALEJANDRO MELENDI, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2012,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Giselle and Alejandro Melendi are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3680 4`h Avenue S.E.,Naples, Florida 34117, Folio 40865680007, more particularly described as the West 75 feet of the East 180 feet of Tract 59 and the East 75 feet of Tract 59, GOLDEN GATE ESTATES, Unit 80,according to the Plat thereof,as recorded in Plat Book 5 at Page 18 of the Public Records of Collier County, Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections10.02.06(B)(I)(a)and I0.02.06(B)(I)(e)(i) in the following particulars: Attached garage enclosed and turned into living space, detached garage and swimming pool with enclosure built without Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, as amended,the Collier County Land Development Code, Section10.02.06(B)(1)(a)and 10.02.06(B)(l)(e)(i) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(June 25,2012). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by June 25, 2012, then there will be a fine of$200 per day for each day until the violation is abated. INSTR 4691331 OR 4795 PG 333 RECORDED 5/9/2012 11:20 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this S 1 day of Y�l(Ci l ,2012 at Collier County,Florida. CODE CEMENT BOARD COL TY, F--ORIDA BY:// abert-Ka i an, % hai/ 2800 North Hor s Drive Naples, Flo!' 104 e STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I 't day of i)—A 2012,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County Florida,who is • personally known to me or / who has produced a Florida Driver's License as identification. KRISTINE TWENTE 'J.--�°1Pa Y 1p VB Y� t _�„ ,�s Notary Public-State of Florida ��- ▪ * ,ao':•=My Comm. Expires Jun 18,2015 NOTARY PUBLIC N• r 'o`.: Commission#EE 87272 My commission expires: '''' ''' Bonded Through National Notary Assn. ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by L.J. S. Mail to Giselle and Alejandro Melendi, 18361 S.W. 82nd Avenue,Palmetto Bay, FL 33157 this °' day of l j';c;, ,2012. M.Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Slams Naples, Florida 34102 ;,otunty of COLLAR (239)263-8206 HEREBY CERTIFY THAT Ms is M rte Ms . :orrect copy of a document on fRala Board Minutes and Recoros of POW _ N►TIRI€SS my nano and otfissa$ laid _ $�Lltipay of _t- o WWJB E. BROCA, CLERK OF Cwo �, r '11A i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110013644 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MELENDI,GISELLE&ALEJANDRO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to a,10,45,_violations as stated in the Order recorded in the public records of Collier County, Florida in OR Boole il5PG 3- 3 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 27th, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permits have not been obtained. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of June, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ___g.,-, ,e ,______ Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w ■ ' to(or affi e l)and sub ribed before me this 28th day of June ,2012 by Patrick Baldwin �� ` 1 Signature of Notary Public) 4 NOTARY PUBLIC-STATE OF FLORIDA -dc t rawley (Print/Type/Stamp Commissioned Name of Notary Public) - 'mom '711ssion 4 t E 129317 E.p1. -t-s: ,'L's x07,2014 _---_•,.. ONDED THRU ATLANTIC BONDING CO.,INC, Personally known\i CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014115 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OSLAY FERNANDEZ, Respondent(s) NOTICE OF HEARING 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4120 68th AVE NE Naples, FL SERVED: OSLAY FERNANDEZ, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110014115 Board of County Commissioners vs. Oslay Fernandez, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 4120 68th Avenue NE Naples, FL 34120 Folio # 38902360001 Description: A screen enclosure with cancelled permit # 2005033480. Also a pool, decking and shed type structures on the property without Collier County permits. Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 312, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 26, 2012—August 23, 2012 (59days) for the total of$11,800.00. Fines continue to accrue. Order Item# 5 Operational Costs of$80.29 have not been paid Total Amount to date: $11,880.29 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20110014115 vs. OSLAY FERNANDEZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2012, and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Oslay Fernandez 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. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4120 681H Avenue N.E.,Naples, Florida 34120,Folio 38902360001, more particularly described as the West 180 feet of Tract No.20, Unit 43,GOLDEN GATE ESTATES,according to the Plat thereof,recorded in Plat Book 7,Page 28,of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section10.02.06(B)(1)(a) in the following particulars: A screen enclosure with canceled permit#2005033480. Also a pool, decking and shed type structures on the property without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(June 25,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 25, 2012, then there will be a fine of$200 per day for each day until the violation is abated. INSTR 4691324 OR 4795 PG 312 RECORDED 5/9/2012 11:20AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County 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$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 0 1 ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COL -I • II TY FLO•IDA It BY: 4111111rjar Robert kaitfmaif, 'air 2800 North'H'o• - oe Drive Naples, F Ida 34104 STATE OF FLORIDA ) (- )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this / day of/) %c cc 2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier Coui*y, Florida, who is personally known to me or / who has produced a Florida Driver's License as identification. KRISTINE TWENTE �� � �1't c 'It r z � PY PV'•I —,,`-, Notary Public-State of Florida NOTARY PUBLIC • ;•E My Comm.Expires Jun 18.2015 My commission expires: Commission #EE 87272 O `°'' Bonded Through National Notary Assn. ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Oslay Fernandez,3020 S.W. 103`d Avenue, Miami, FL 33165 this S' day of n'\ - ,2012. -1 (t;; M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Stet ac P1,3 AIDA Naples, Florida 34102 aunty Ot COIUER (239)263-8206 1 HEREBY CERTIFY THAT Oki lie ILOM -orrect copy or a moment o$ Soar Minutes and RecorO Ot CO,F " term$ tr1V Diana _11a� !M�' 'H''oay of 3W16HT BRau4 vv. J to ,` COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110014115 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FERNANDEZ,OSLAY,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Eric Short, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4795 PG 312 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 26, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with all conditions of the order: FURTHER AFFIANT SAYETH NOT. DATED this 2 7 day of "71v1'`'C- , 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER � T 9woin to(or affirmed)and subscribed before me this- day of J i , 2012 by Eric Short (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY Pi:'; ; ; ;,,E'r is -oRIDA Personally known ',,, Crr i leq r2.si.:. ., 2129317 BOND' ', . .., i 2014 ED TH; CC.,INC. C6SD2Of00/iL(15 Colleen Crawley From: Hope Hull [hope.hull @fieldassets.com] Sent: Monday, August 20, 2012 12:08 PM To: Colleen Crawley; BakerJennifer Cc: CrowleyMichaelle Subject: Continuance request: 4120 68TH AVE NE NAPLES, FL 34120 Importance: High Hello, I am writing to request a continuance on the Hearing scheduled for Thursday August 23, 2012 regarding property address 4120 68TH AVE NE NAPLES, FL 34120. I have been working with Michelle Crowley since November of 2011, as well as the bank that we have been seeking approval from to perform the work. Since this property is in pre- foreclosure,the required permits cannot be pulled by anyone but the owner. In addition, the removal of pools and decks, as required by the violation, is typically not an option since the home (and pool & deck) are not yet bank owned. The foreclosure is not yet scheduled, but I feel an extension of 30 days will allow me time to continue seeking approval from the bank for us to abate the violations. I appreciate your consideration. Hope Hull Senior Code Compliance Coordinator Direct: 512.539.4149 Customer Service: 866.399.9570 FAX: 512.873.3365 hope.hull @fieldassets.com www.FieldAssets.com inj _0a FIELOASSET SERVICES Like IP DISCLAIMER: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender by replying to this message and then delete it from your system. Use, dissemination or copying of this message by unintended recipients is not authorized and may be unlawful. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. 1 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20100019476 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ERICK DORESTIL & ELVITA PIERRE, Respondent(s) NOTICE OF HEARING 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Private Pool Maintenance - Dwelling22-231(15) LOCATION OF VIOLATION:3661 12th AVE NE Naples, FL SERVED: ERICK DORESTIL & ELVITA PIERRE, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20100019476 Board of County Commissioners vs. Erick Dorestil & Elvita Pierre, Respondent(s) Violation(s): 2010 Florida Building Code, Chapter 4, Section 424.2317, Ordinance 04-41, As amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) and Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) Location: 3661 12th Avenue NE Naples, FL 34120 Folio # 40527040008 Description: No protective barrier securing the swimming pool. Swimming pool permit expired without obtaining a certificate of completion. Past Order(s): On June 28, 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 4816 PAGE 1512, for more information. The property is not in compliance with the Code Enforcement Board Orders as of August 23, 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 July 6, 2012 —August 23, 2012 (49 days)for the total of$12,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.72 have not been paid Total Amount to date: $12,331.72 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CEPM20100019476 vs. ERICK DORESTIL AND ELVITA PIERRE, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 28,2012,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: 1. That Erick Dorestil and Elvita Pierre are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3661 12th Avenue N.E., Naples,Florida 34120,Folio 40527040008, more particularly described as The West 75 feet of Tract No. 92, GOLDEN GATE ESTATES,Unit No. 74, according to the Plat thereof recorded in Plat Book 5,Page 10 of the Public Records of Collier County,Florida,is in violation of 2010 Florida Building Code, Chapter 4, Section 424.2.17, Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a), and Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(15)in the following particulars: No protective barrier securing swimming pool. Swimming pool permit expired without obtaining a certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of 2010 Florida Building Code, Chapter 4, Section 424.2.17, Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a),and Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-23 1(15)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within.7 days(July 5,2012). INSTR 4717089 OR 4816 PG 1512 RECORDED 7/122012 2:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 i 2. That if the Respondents do not comply with paragraph I of the Order of the Board by July 5,2012, then there will be a fine of$250 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.72 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. ff Sh DONE AND ORDERED this U' day of,_,i, ,/,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLL3 TY;FLORIDA fsIOLJl)i BY. /� •-oberrKilnfmaii,Chair 2800 Northkorse hoe Drive Naples, lorida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this L� day of tL_- 2012,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County',Florida,who is r n 1 t or who has produced a Florida Driver's License as identification. ,;il"P�e, KRISTINE TWENTE i .L i p `d. Notary Public-State of Florida 4y !\ ' 1 L,!'I'v,A �,t i My Comm. Expires Jun 18,2015 NOTARY PUBLIC 's t,�`� ,�; Commission#EE 87272 �'" ,"`'��, Bonded Through National Notary Assn. 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 Erick Dorestil and Elvita Pierre,3661 12th Avenue N.E.,Naples,Florida 34120 this ,-4—day of.-r_, (., ,2012. M.Jean/Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 `` ``'1'. (239)263-8206 ;,.ts-,iy of C01_LII-..k..... t. „.t cop F i;-F- oe.F.d6'i'Kerv%okf to In<<g nb Recvt-tl or-COSiler C ' •h V -S.+ v ctO Elva vtli thie " 'gyp I ) a p Or:(...3tjk 2.012:-.—, -IGHT E. g',ROCA C-LER':,OF CO . IPO �.- COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20100019476 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DORESTIL,ERICK ELVITA PIERRE,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Danny Condomina, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 22, 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 BoolMEISILPGIS►a. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 6, 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: Obtain all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 7 days. FURTHER AFFIANT SAYETH NOT. DATED this-y day of July, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD D omina �- Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w. to(or affi i ed)and subscribed before me this Mday of3U,fk/ ,2012 by Danny Condomina (Signature of Notary Public) Ai NOTARY PUBLIC-STATE OF FLORIDA % .uiic` I Crawley `•� Curarniss,: ;"EE129317 (Print/Type/Stamp Commissioned Name of Notary Public) `Expi J'..NE 07,2014 BONDED THRU ATLANTIC.BONDING CO.,INC. Personally known • r f CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120012335 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROBERT P HENDRICKS &AMANDA E HENDRICKS, , 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: 08/23/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Hot/Cold Water- Dwelling22-231(2) LOCATION OF VIOLATION:2531 48th AVE NE Naples, FL 34120 SERVED: ROBERT P HENDRICKS &AMANDA E HENDRICKS, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor, Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou le tradiksyon.Si ou pa pale angle tenon vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20120012335 Robert P Hendricks and Amanda E Hendricks, 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 Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(11)and 22-231(2) 2. Description of Violation:An occupied dwelling with no electrical power or hot and cold water supply. 3. Location/address where violation exists: 2531 48th Ave NE Naples,FL 34120 Folio: 38972600005 4. Name and address of owner/person in charge of violation location: Robert P Hendricks and Amanda E Hendricks 5. Date violation first observed: August 15,2012 6. Date owner/person in charge given Notice of Violation: August 16,2012 7. Date on/by which violation to be corrected: Immediately 8. Date of re-inspection: August 16,2012 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 at-tempts 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 16 day of, August 2012 (/U., ) �_ 1 W.Eric Short l'`�1�J Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this /Lim day of (J.?/ ,2012 by (Signature `Notam Pubh)I ` (Print/Type/Stamp Commissioned Name of Notary Public) Personally known , or produced identification Type of identification produced NOTARY PUBLIC-S-, E OF FLORIDA " Kimberly Brandes Commission#DD926130 REV 1-4-12 Expires: SEP.17,2013 BONDED THRU ATL YfIC BOYDD G CO.,INC, Case Number: CEPM20120012335 Date:August 16,2012 Investigator: Eric Short Phone: 2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HENDRICKS, ROBERT P &AMANDA E 2531 48TH AVE NE NAPLES, FL 34120 Location: 2531 48th AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 44 E 75FT OF W 180FT OF TR 133 OR 430 PG 789 Folio: 38972600005 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: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(11)and 22-231(2) 11. Electrical systems.All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation.: 2. Hot and cold water supply. Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An occupied dwelling with no electrical power or hot and cold water supply. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all local, state, and federal regulations and lawfully reconnect the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 2. Must comply with all local, state, and federal regulations and lawfully supply the kithchen sink, lavatory basin, tub or shower with an edequate supply of both hot and cold water, all in good working condition. ON OR BEFORE: Immediate action required 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 ✓w' �\ 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 W. Eric Short Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to,right-of-way permit,building permit, demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. Municode Page 1 of 4 Sec. 22-231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED— Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY— Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES— Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES— Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT—every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES— Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION— Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM— Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight http://library.municode.com/print.aspx?h=&clientID=105 78&HTMRequest=http%3 a%2f... 8/16/2012 Municode Page 2 of 4 shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS— Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS— Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS—All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS— all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION—The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS—The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS— Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS— Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES— Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. 9. PROTECTIVE/GUARD RAILINGS— Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS— Handrails shall be required in the manner prescribed by the Building Code. http://library.municode.com/print.aspx?h=&clientlD=10578&HTMRequest=http%%3 a%2£.. 8/16/2012 Municode Page 3 of 4 WINDOWS AND EXTERIOR DOORS— Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. J WINDOW SASH—Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE— Every door shall be provided with proper hardware and maintained in good condition. SCREENS— Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT—All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE—All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS— Every interior door shall be properly fitted within its frame. P. INTERIOR FLOOR, WALLS AND CEILING— Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS— Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS- Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS— Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other http://library Inunicode.com/print.aspx?h=&clientID=10578&HTMRequest=http%3 a%2f... 8/16/2012 Municode Page 4 of 4 than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT— Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE—all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION— no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e., game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITIES— all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS— a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS—All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act. (Ord. No, 2090-02, §6) http://library.municode.com/print.aspx?h=&clientlD=105 78&HTMRequest=http%3 a%2f... 8/16/2012 i *** 3761056 OR: 3959 PG. 1755 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Prepared by and return to:Barbara Ahmdt 01/03/2006 at 03:2514( DWIGHT E. BROCK, CLERK Nations Title Agency of Florida RIC HE moo 1933 Highway 19 N DOC-.10 .10 Clearwater,FL 33764 Retn: NATIONS TITLE OF FL Property AppralseesParcel ID#:38972600005 19331 US HWY 19NAY 11106 CLEARWATER FL 33764 QUIT CLAIM DEED This QUIT CLAIM DEED,made this del.,day of 1 g%. ,2005,between Robert P.Hendricks, a single person and Amanda E.Morell,a single person NKA Amanda E.Hendricks whose address is:2531 48th Ave North East,Naples,FL 34120 hereinafter called"GRANTOR",and Robert P.Hendricks and Amanda E.Hendricks,husband and wife whose address Is: 2531 48th Ave North East,Naples,FL 34120 hereinafter called"GRANTEE": WITNESSETH:That the GRANTOR,for and in consideration of the sum of TEN DOLLARS($10.00) in hand paid by the said GRANTEE,the receipt whereof Is hereby acknowledged,does hereby remise, release and quit-claim unto the GRANTEE,all light,title,interest,and claim which the GRANTOR has in and to the following described lot,piece or parcel of land,situate,lying and being in the County of COLLIER,State of Florida,to wit: LEGAL. The East 75 feet of the West 86- x. -'t�133, of Golden Gate Estates, Unit 44, according to the plat thereo r•' •-• • :it-,��`7, Page 29 of the Public Records of Collier County, Florida. ,�/0 , fr--1ltTO HAVE AND LD . e t• - i I the ppurtenances thereunto,of all interest, equity a d d• ha .- - - G iil]'0 eith r in law or equity, for the proper use,beneft a dam•- .If - G• E,,i - ;r. 1 'Grantor"a t ntee"are used for singuc or plural,as/ t requires. r ' IN WITNESS WHE \ the GRANTOR has sig nc1 sga�ted: ese presents the day and year first above written. - f Signed,seal-• =nd dellv=k 9p ,,. ce..of• , Witness: a L. .. By„---- - - I .. - • 0 . , _..1 -gnatu - Robert P.Hendricks Printed Name: _ i.. .• witness: 4.I. . ah'i By: 'LULU. P. Or_.I .Li 14 i '.. / ; p Signs re Amanda E.Morel!NKA Amanda E. Printed Name: _a I Hendricks STATE OF FLORID . COUNTY OF COLLIER Robert P.Hendricks and Amanda E.Morell NM Amanda E.Hendricks acknowledged the foregoing instrument before me on this 22 day of nt,Gtrrdsb( ,2005. I personally know them or who has produced L c.t/>6Q• as Identification and who did not take an oath. i •NOTARY PUBLIC-STATE OF FLORIDA I' ' k �i (SEAL) Notary • blic Z2C Scott Commission`DD425395 Printed erne:x. ,(j Scot l�iy Corn fission Expires: 5 , 3, Expires: MAY 03, 2309 Bonded Thru Atlantic Bonding Co.,Inc er Comity CODE ENFORCEMENT ENTRY CONSENT My name is S ikjI In CY 'e Z I am the ❑ Property Owner CAgent for the Owner DicCupant at � 11/` n e t°`/-crg(G{A6 Wv6( ( Address Investigator, ()J . C_ , has provided Collier County identification, and has identified himself/herself as an Investigator with Collier County Code Enforcement. The Investigator has advised me that the purpose of this inspection is to inspect the property and/or structure(s), for compliance with the Collier County Property Maintenance Code, Ordinance # 2004-58. I hereby authorize an inspection of this property and/or structure(s). /11/ Signature: ` operty Owner/Agent for Owner/Occupant) C Witne ed By: (Inves igator's Name) Date Time QEN \x.00123 5S Case# Entry Consent Rev ceRy\Qoi,Q.Clc)3A0 la3A0 kfl- , R cz, c- , so 0'I maircw ell 'molnik IPPIMIR f.• A . , .. , • . ■ 414 ' .....-' : rr Altkb 4 2 : 4. .4f . t - .. .._ .,......,.,..., , .. . 0 , , t ;■,:,: , ■ , . , ,. . , w Mr r ,,.... • '''!'-• , Or, 1111 t. '■..,-...' '.,'.-..,•"..,r , , r '■,.r■ if g,, 0 ' .4'' ' '''. 11,41 020 'allit‘ # r ■ ' . . 40 ' lini ... . * . . . .. , . , .; . .. .... . ..., ..- .-- , i • ..,, ICI" 4° I r,..,...m.*,...0,-, .,. , .... _:., .,. . ig,,, w ' Ilk. .. 4, +r- CA el CNI Lei... *7- E6 0 v> M M c'd e oS c / _ . , , colo. c lil ., VIi Q N I Co r0 v) ( K. Qw ' .� 0 I-m IN CO K _ H ! '- J =y t r iS L w r � � 1 o �` I 2 -�� fill) ..= IDA N r-iii) .... > Coo .r.5 . tts. 0 . C . — ._. NM U • %O f 4). q i I k COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEPM20120012335 Board of County Commissioners, Collier County, Florida Vs. Robert P Hendricks and Amanda E Hendricks Violation of Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(11) and 22-231(2) Eric Short, Code Enforcement Official Department Case No. CEPM20120012335 DESCRIPTION OF VIOLATION: An occupied dwelling with no electrical power or hot and cold water supply. 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. Restoring the electricity to the dwelling with an active account with Lee County Electric Cooperative or vacating the dwelling until such time that the electricity is restored with an active account with Lee County Electric Cooperative within days of this Hearing or a fine of$ per day will be imposed for each day the violation continues. 2. Providing an adequate hot and cold water supply to all plumbing fixtures in the dwelling or vacating the dwelling until such time that an adequate hot and cold water supply can be provided to all plumbing fixtures within days of this Hearing or a fine of$ per day will be imposed for each day the violation continues. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert P. Hendricks & Amanda E. Hendricks Inv. Eric Short Department Case No CEPM20120012335 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 I IMPOSITION OF FINES HEARING 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 I $0.001 IOF Total $0.00 Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014160 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARTHA MENDEZ-CRUZ, 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: 08/23/2012 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:3525 47th AVE NE Naples, FL 34120 SERVED: MARTHA MENDEZ-CRUZ, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to,the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. Colleen Crawley From: VERONICA FERNANDEZ[veroniquesinteriors @gmail.com] ;ent: Tuesday, August 14, 2012 4:31 PM To: Colleen Crawley Subject: 3525 47th ave ne, naples,fl permit#20111004887 MS. CRAWLEY AS PER OUR TELEPHONE CONVERSATION AND AS PER YOUR INSTRUCTIONS ENCLOSED IS THE REQUEST FOR THE EXTENSION OF TIME ON THE ABOVE MENTIONED PROPERTY, BOARD OF COUNTY COMMISSIONERS PROPERTY ADDRESS: 3525 47TH AVE NE,NAPLES, FL. 34120 TO WHOM IT MAY CONCERN; AS OF AUG. 15TH, 2012, WE HAVE REPERMITTED THE HOME, PASSED ELECTRICAL, PLUMBING, SEPTIC AND LANDSCAPING INSPECTIONS. SIGHT DRAINAGE SHOULD BE COMPLETED IN ONE WEEK. THE ONLY ITEM PENDING TO GET THE FINAL INSPECTION AND THE CERTIFICATE OF OCCUPANCY IS THE RIGHT OF WAY PERMIT. UNFORTUNATELY, MY PARENTS HAD A $4,500 EXPENSE ON THE SEPTIC DRAIN FIELD THAT IAD TO BE REDONE, IT SANK WHEN SOMEONE DROVE OVER IT WITH A HEAVY MACHINERY AND ALSO, THE PROPERTY LIES ON A 75 FOOT LOT AND A RETAINING WALL HAD TO BE PUT UP IN ORDER TO PASS SIGHT DRAINAGE THAT COST $2,600. AT THE PRESENT TIME THE CULVERT INSTALLATION AND RIGHT OF WAY PERMIT TOTALS $2,600 AND MY PARENTS DO NOT HAVE THE FUND TO COMPLETE THIS LAST ITEM. WE ARE THEREFORE REQUESTING THE BOARD TAKE THIS INTO CONSIDERATION AND GRANT US AN EXTENSION OF TIME TO COMPLETE THIS PROJECT. MY PARENTS ARE 76 AND 84 YEARS OLD. LIVING ON SOCIAL SECURITY AND ARE SAVING UP TO BE ABLE TO FINISH THIS PROJECT QUICKLY. WE ASK THE BOARD TO GRANT THIS EXTENSION SINCE WE HAVE PROGRESSED A LOT ON THE HOME. THANK YOU FOR YOUR KIND ATTENTION GIVEN TO THIS MATTER. SINCERELY, V. FERNANDEZ DAUGHTER AND P.O.A. FOR MARTHA MENDEZ-CRUZ (HOME OWNER) i CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110014160 vs. INSTR 4666318 OR 4772 PG 1323 MARTHA MENDEZ-CRUZ, 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: 1. That Martha Mendez-Cruz 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. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3525 47th Avenue N.E., Naples,FL,Folio 39778000002,more particularly described as The East 75 feet of the West 180 feet of Tract 65,GOLDEN GATE ESTATES,Unit 62, according to the map or plat thereof, as recorded in Plat Book 5,Page 87 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)(I)(a)in the following particulars: Permit No.2009020960 expired with no Certificate of Completion/Occupancy. 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 180 days(August 21,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 21, 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. i 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this' day of \b- • ,2012 at Collier County,Florida. CODE-ENFO CEMENT BOARD L CO IER T T ,FLORIDA B � A -A■ Robert'1aufina ,. c- hair 2800 North Jrse: oe Drive Naples,FloS`iif: 4104 STATE OF FLORIDA ) 7 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this=.' day of\,_ � ,\Y `-(' , —.� 2012,by Robert Kaufman,Vice Chair of-the Code Enforcement Board of Collier County, Florida,who\is personally known to me or who has produced a Florida Driver's License as identification. zi CHRISTINA L URBANOWSKI OTARY PUBLIC so: rig MY COMMISSION#EE 142130 Vrmi ��._�,,,o EXPIRES:November 22,2015 , y commission expires: .; of•c:" Bonded Thru Notary Pu§Ik Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy tls ORDER has een sent by U. S. Mail to Martha Mendez-Cruz, 740 19th Street S.W.,Naples,FL 34117 this, rr day of ,2012. 6 ' ( Cz. L1 M. Jean Rawson,Esq. t Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 State 07 FLFAIDA , , ' - .,Naples,Florida 34013 t my of COLLIER , ''' :x`(239)263-8206 I HEREBY CERTIFY THAT this to a hie an# .orrect copy of a aocument on file in 3oard Minutes`.and Rectum of CO M&Count A'MESS .mv,. a'''BnC Off-Mir t 11____�� ',.._ ooay of Wit HT E. BROCA, CLERK OF COURTS tv, I„-_. . 0 ,-, • ,, -kn. 40