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Backup 11/20/2008
Code Enforcement Board Backup Docs November 20 , 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: November 20th,2008,at 9:00 a.m. Location: Community Development Services,2800 North Horseshoe Drive,Naples,Fl 34104. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—October 31st,2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Re-Hearing CE6 ?a1 o('ogo I Motion for Extension of Time 1. BCC vs. AMG Properties Inc. CEB NO.2007090454 B. STIPULATIONS C. HEARINGS 1. BCC vs. Empire Developers Group, LLC. CEB NO. CESD20080014496 2. BCC vs. Brian&Dara Gorman CEB NO. CESD20080008567 3. BCC vs. Eduardo&Annette Nodarse CEB NO. 2007020522 4. BCC vs. Maricela Nunez CEB NO. 2007080129 5. BCC vs. Mencia's Restaurant, Inc. CEB NO. CESD20080014639 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs. Empire Developers Group, LLC. CEB NO. CESD20080007919 2. BCC vs. Patriot Square,LLC. CEB NO. 2007060341 3. BCC vs. Heriberto and Antonio Perez CEB NO. CESD20080000222 B. Motion for Reduction/Abatement of Fines/Liens 1. BCC vs. Mark Brecher CEB NO. 2007-06 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office 1. BCC vs. Cynthia Aurelio Markle CEB NO. 2006060005 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - January 22nd,2009 11. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20080008567 vs. BRIAN G.AND DARA L.GORMAN, Respondents ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on November 20,2008,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on January 22,2009. 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 L33 d�h ay of 1\2)0\1.,2008 at Collier County,Florida. CODE ENFORCEMENT BO RD COLLIE! COUNTY,F 0'li�i A / BY: IL__/ . A: • IL-i i_ State PUMA feral. Lefebvre, o' air :ounty of COLLIER `y 2800 North Hor eshoe Drive Naples,Florida 34104 I HEREBY CERTIFY THAT this is a two anti -orrect copy or a aocumii t'on the in Board Minutes (n!1,i!: coros,ot CofIter County T ESS my �t t r� of ciai'se r aay of WIGHT E. BROGK,CLERK OF COURTS IIP STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) f'W� The foregoing instrument was acknowledged before me this,9---) day of �)a v - ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or t/ who has produced a Florida Driver's License as identification. ' aSTINE HOLTON NOTARY PUBLIC ri^^'MISSION#DD 686595 EPIRES:June 18,2011 My commission expires: Bonded u Notary Pudic UndervnNers �" , thr CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Brian G.and Dara L. Gorman,227 Dolphin Cove Ct.,Bonita Springs,FL 34134 and to Patrick White, Esq.,Porter Wright,5801 Pelican Bay Blvd.,Suite 300,Naples,FL 34108 this, —day of Uv . ,2008. M.Jea awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA n BOARD OF COUNTY COMMISSIONERS, Case: 2007060801 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KARNES, RICHARD L & LISA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: + 1f2'2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Unpermitted screen enclosure in the rear of the primary structure LOCATION OF VIOLATION:627 PALM AVE Goodland, FL SERVED: KARNES, RICHARD L & LISA, 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 at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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 CEB CASE NO 2007060801 BOARD of COUNTY COMIVIISSIONERS Petitioner VS KARNES, RICHARD L & LISA Respondent CODE ENFORCEMENT BOARD Hearing date: 07.31.08 Time: 9:00am Location: 3301 Tamiami Trail East, Building"F", Naples, FL 34112 APPEAL to CODE ENFORCEMENT BOARD, exercising option: A Motion for Rehearing shall be in writing and sent to the secretary to the Board within ten(10) days of the date the order is received by the party, but in no event more than twenty(20) days from the date of mailing of the Order. The written Motion for Rehearing shall specify the precise reasons thereof. CEB/RULES and REGULATIONS/ARTICLE IX,paragraph "q"& "r" q. 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 written Motion for Rehearing shall specify the precise reasons thereof A Motion for Rehearing shall be in writing and sent to the secretary to the Board within ten (10) days of the date the order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing or the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within ten (10) days after the decision is made. If the Board determines that it will grant a rehearing, it may: '(1) Schedule a hearing where the parties will be give the opportunity of persenting evidence or argument limited by the Board to the specific reasons for which the rehearing was .-� granted; or(2)Modify or reverse its prior Order, without receiving further evidence,providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. APPEAL to CODE ENFORCEMENT BOARD, based upon the following: Date On/by which violation to be corrected: 08.02.07 as indicated on document—false & misleading see respondent submittal document#12 Violation, as written, was corrected as validated by inspection, Collier County Building Department on 05.14.08 see respondent submittal document#8a, #8b. Notice of Hearing states violation still exsists, false see respondent submittal document#11 The violation (unpermitted screen enclosure) did not still exsist, testimony by Investigator Ambach acknowledged this when asked directly by the Board ARTICLE IX CONSOLIDATED CODE ENFORCEMENT REGULATIONS DIVISION 4/Sec. 2-2026.4 (4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction in the notice, the code enforcement officer may either issue a citation or schedule the case for hearing, and the notice of hearing shall so state. If the code enforcement officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. Mr.McMllen testified for the Petitioner, his interests were not of concern in this matter, specifically; his property, 621 Palm Avenue, was not being affected by our previous violation, his property being the 3rd site to our East.. Nor were his interests questioned and validated prior to allowing his testimony. ARTICLE IX CONSOLIDATED CODE ENFORCEMENT REGULATIONS DIVISION 4/Sec. 2-2029. a.2 (2) All hearings shall be open to the public and any person whose interests may be affected by the matter before the enforcement board shall be given an opportunity to be heard Official minutes of all hearings shall be kept. Additionally: Mr. McMillen did not request permission to speak prior to start of hearing, as required. Mr. McMillen disrupted the hearing without cause, as shown. CEB/RULES and REGULATIONS/ARTICLE IX,paragraph `;j" J Any person who can provide relevant evidence to support that a violation has or has not accurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board The violation(unpermitted screen enclosure) did not still exsist, testimony by Investigator Ambach acknowledged this when asked directly by the Board and (burden of proof, as written,includes both requirements) Respondent acted in good faith and with consent after consulting(as directed by Investigator Ambach) with Supervisor Susanna Capasso, Investigator Ambach's immediate superior. Additionally Supervisor Susanna Capasso acknowledged this direction given to Respondent during her testimony See respondent submittal document#9b. ARTICLE LV CONSOLIDATED CODE ENFORCEMENT REGULATIONS DIVISION 4/Sec. 2-2029. a.4 (4) At the hearing, the burden of proof shall be upon the prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the violator committed, or was responsible for maintaining or allowing the violation to continue. Respondent asked to excersise option of"opening statement" and"closing statement", closing statement was not allowed prior to the boards ruling. This is irrepairable and violation of Due Process Note: Respondent does start to speak at the beginning of what is felt to be the process of ruling, but is quieted ARTICLE IX CONSOLIDATED CODE ENFORCEMENT REGULATIONS DIVISION 4/Sec. 2-2029. a.3 (3) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. Other CEB/RULES and REGULATIONS/ARTICLE XII/Miscellaneous/Section 6 Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. APPEAL to CODE ENFORCEMENT BOARD, in closing: Members of the Board, The Respondent, having had no prior property violations and based upon the above, a request is respectfully made to the Board to "reverse its prior Order" ref CEB/RULES and REGULATIONS/ARTICLE IX,paragraph "r"including a request for removal of the order to pay operational costs of$87.44 additionally, _ Work that was included on the demolition permit; the removal of(2) sheds, which were not part of the "Notice of Violation--An-unpermitted screen in the rear property of the primary structure", has been completed, pending inspection. In showing respect to the Board, a copy of CC'ed permit will be forwarded to the Board as an addendum to this document. Sincerely, date as.ao. 0(6 `w date Richard Karnes Lisa Karnes 627 Palm Avenue, PO Box 98, Goodland, Florida 34140 DELIVERED PERSONALLY, 08.20.08 to SECRETARY of the BOARD Ref: CODE ENFORCEMENT BOARD, ORDER OF THE BOARD 08.06.08 ARTICLE IX. CONSOLIDATED CODE ENFORCEMENT REGULATIONS CEB/RULES and REGULATIONS RESPONDENT, KARNES —HEARING SUBMITTAL PACKET 07.23.08 RESPONDENT, KARNES—HEARING SUBMITTAL PACKET 07.31.08 CEB CASE NO 2007060801 n BOARD of COUNTY COMMISSIONERS Petitioner VS KARNES, RICHARD L &LISA Respondent — ----- CODE ENFORCEMENT BOARD Hearing date: 07.31.0 8 Time: 9:00am Location: 3301 Tamiami Trail East, Building"F", Naples, FL 34112 APPEAL to CODE ENFORCEMENT BOARD, addendum Members of the Board, Reference - Appeal to Code Enforcment Board dated 08.20.08: Work that was included on the demolition permit; the removal of(2) sheds, which were not part of the "Notice of Violation -An unpermitted screen enclosure in the rear property of the primary structure", has been completed,pending inspection. In showing respect to the Board a copy of CC'ed permit will be forwarded to the Board as an addendum to this document. , Permit 2008040719, Final received 08.21.08, copy attached. Sincerely, 1 Si 7 date OB.ct.O U1/441,......, 1\1___ _ date e 'al . og RichF es Lisa Karnes 627 Palm Avenue, PO Box 98, Goodland, Florida 34140 DELIVERED PERSONALLY, 08.22.08 to SECRETARY of the BOARD 0 ,jai INSPECTION JOB CARD - COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 643-9757 ERMIT NBR 2008040719 MASTER NBR ISSUED 4/9/2008 'C' ESC. : REAPP OF 2007100558 .,_ .,OCATION: 627 PALM AVE UBDIVISION: 810 Goodland Isles 1st Addition LOT 19 BLOCK C :ONTACT NAME: RICHARD CONTACT PHONE: (239) 642-1188 ).B.A. SETBACKS FRONT: REAR: 20.00 LE T: 6.00 RIGHT: 6.00 SPECIAL: RR=ESMTS FLOOD ZONE: AE-12 tEQ DESCRIPTION I \. 0 DESCRIPTION .5 (4 ' ., - ---- - - L15 FINAL BUIL ING ., .--- : : . . . . o ))„. ...., , , - . NOISE ORDINANCE 9D-17 - NOISE LIMITATIONS e e in effect at all times. Work permitted: RESIDENTIAL Areas - 6:30AM to 7:O0PM Monday thru Saturday NON-RESIDENTIAL Areas (more than 5D0 feet from Residentail Area) 6:0DAM to B:DDPM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOADSPEAKERS. ETC. - Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS- Call 48 Hours prior to digging/FPL 434-1222/YTS 1-BOO-542-0DBB/PalmerCATV 183-0638 and all other applicable utilitea. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. FS 713.135 CDPR2022 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060801 vs. RICHARD AND LISA KARNES, ----- 0 Respondents C7 F4 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD E- THIS CAUSE came on for public hearing before the Board on July 31,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: N C7 ca a o " 1. That Richard and Lisa Karnes are the owners of the subject property. ��V O 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. O E 0 A 3. That the Respondents were notified of the date of hearing by certified mail and by posting. U Q 4. That the real property located at 627 Palm Avenue,Goodland,FL,Folio 46421000009,more particularly `7) o a described as Lot 19,Block C,GOODLAND ISLES FIRST ADDITION,a subdivision according to the Plat thereof .[ recorded in Plat Book 8,pages 1 and 2,of the Public Records of Collier County,Florida is in violaion of Collier MrS County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06 B (1), 10.02 06 B(1)(a), 10.02.06 B(1)(e),and 10.02.06B (1)(e)(i)and the Florida Building Code 2004 Edition section 105.1 in the A following particulars: � a An unpermitted screen enclosure in the rear of the primary structure. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in 1.4 Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: Lrl That the violat ons of Collier County Ordinance 04-41,the Land Development Code,as amended,sections " z a 10.02.06 B(1), 10.02.0(3 B(I)(a) 10.02.06 B(1)(e) and 10.02.06B(1Xe)(i)and the Florida Building Code 2004 Edition section 105.1 l.be corrected in the following manner: Pc! 1. By demolishing the screen enclosure under demolition permit#2008040719,including all required inspections and receiving a certificate of completion and restoring the property to its original permitted condition within 30 days(August 30,2008). *** OR: 4385 PG: 0885 * * 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 30, 2008,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 the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$87.44 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this (/ day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: l "A C, Richard Krn ,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) a'1— The foregoing instrument was acknowledged before me this LC day of A - `_, n 2008, by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,...7-who has produced a Florida Driver's License as identification. KRISTINE NOLTGN al A .4 AIL v/ , 1 ah = MY COMMISSION t DD 666565 NOTARY PUBLIC .S My EXPIRES:June 16,2011 My commission expires: t'% o d Bonded Thru Notary Public UnderWr tors CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Richard and Lisa Karnes,627 Palm Avenue,Goodland, Fl 34140 this J p.'e'I" day of ,2008. in'? (41 , M.Jea0.awson,Esq. State OS tlkll}H Florida Bar No. 750311 Attorney for the Code Enforcement Board ;:rounty of COLLIER:, 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 I HEREBY CERTIFY Td rr i i33s is a true any (2 9)263-8206 "erred"erred copy cr E >u a c cr n .le in Board Minutes ana-1 o 4f4s•of' ilRer County VI-NESS ray 4-1.41,4-4-,10 c k,;.il• f.this e day ot<�..d `W - B I E. B ` C-=Q OF C RTT T - ,,. V iJ 9 /. - CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060801 vs. RICHARD AND LISA KARNES, Respondents ORDER ON MOTION FOR REHEARING THIS CAUSE came on for public hearing before the Board on November 20,2008 on the Respondent's Motion for Rehearing,and the Board having heard considered the matter,and being duly advised in the premises,hereby DENIES the said Motion for Rehearing. 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 Rehearing is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of .2)c,{ ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLI R COUNTY,FLORIDA B �4 _11 Gerald Lefebvr-, air - `- 2800 North Hor shoe Drive State of FkORIDA t �.. Naples,Florida 34104 :ounty of COLLIER I HEREBY CERTIFY'CHiRT thitis,a MO SSO :orrect copy of a�adcum a;on Board Minutes alit) as of-'Collier Count) MESS my toi u aid official seal s clay of 0.7416 DWIGHT E. BROLI CLERK OF COURTS OM DA orming _sis STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisoJ day of t\.;C; ,2008,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. --__ NOTARY PUBLIC MY CORISTI E HOLTON My commission expires: "tot EXPIRES: 595 �—: :June 18,2011 -14 Bonded Titre Notary Public Unde w,Nera = ICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Richard and Lisa Karnes,627 Palm Avenue,Goodland,Fl 34140 and to Samantha Stevins,Esq.,2656 Airport Road S.,Naples,Florida 34112 thisr �$ay of '\Jov ,2008. M.Jea awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 P'''\ ,,m1 /'- ''1' AMG Properties Inc. P.O. BOX 43-2320, MIAMI, FL 33243-2320 P TEL.: 786 594 0112 FAX: 786 594 0113 Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Ref: 3831 Arnold Avenue Case#: 2007090454 Attn: Jen Waldron Dear Ms. Waldron, I would like to request an extension of thirty(30) days to submit all final drawings and plans and apply for permit for all the construction needed at the above address. I have enclosed a copy of the letter from our contractor which states that they have been in contact with the code enforcement and building department in Collier County. As stated in his letter, the contractor is almost ready to submit the quote for my review. I would greatly appreciate you allowing this extension. Should you have any further questions please do not hesitate to contact me at josegAgarsh.net. Thank you for your time. Sincerely, U L. Jose A. Garcia Page 1 of 1 Jose Garcia From: Mitch Van Beek[mvanbeek @wagner-florida.comj Sent: Wednesday, October 29, 2008 10:07 AM To: Jose Garcia Cc: Ken Grill Subject: FW: Naples (3831 Arnold Ave) Jose, I have contacted the code enforcement and the building department in Collier County and they indicated that the design wind speed for 1997 is 110 mph and are willing let up upgrade the faulty structure to that wind speed. I have recently ran through the numbers and determined that we are going to have to replace the primary frames and the secondary frames to meet the 110 mph wind loads. My initial intent was to just change out or add new primary frames, however, since the secondary frames (Purlins, Eave Struts and Side girts ) also need to be replaced, it will be more cost effective to replace the entire extension. I already have pricing to bring the electrical up to code and am currently working with Butler to price out a new building extension to meet the structural requirements. I hope to have your quote ready early next week. Regards, Mitch Van Beek, PE, CGC Project Manager Wagner Construction Co., LLC Ph: 352-728-2221 Fax: 352-728-6670 Cell: 352-267-1939 10/29/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007090454 vs. AMG PROPERTIES,INC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 20,2008,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby DENIES the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 5 day of IV(j J . ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI COUNTY,FLO D BY: �� erald Lefebvre 'hair 2800 North H. eshoe Drive shoo -,"�; Naples,Florida 34104 :aunty , I HEREBY CERTIFY THAT this Is a true an :orrect copy or a aocUr Im on file in Board Minutes an-f:i r '.7s'tif,C©liier County ri3JEss my ~*� .a;;; oficial eai his day of tQQjj DWIGHT E. BROCK, CLERK OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this i`.-1) day of C ', 2008,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or 7 who has produced a Florida Driver's License as identification. '`' • MY CO ISTINE HOITON o 2 _L U MMISSION#DD 68659NO ARY PUBLIC '•-'•�o° EXPIRES:June 18,2011 i.� ' q�;$.`. Bonded Thru Notary Pubs c Unde writer �"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 A.M.G. Properties, Inc.,Jose A.Garcia,R.A., 7301 SW 57th Court,Suite 500, South Miami,FL 33143 this t- Tay of � , 2008. ///! / e..� M. Je s''awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Empire Developers Group, LLC., Respondent(s) Goodman Breen & Gibbs (Registered Agent), DEPT No. CESD20080014496 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20080014496 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EMPIRE DEVELOPERS GROUP LLC, Respondent(s) GOODMAN BREEN & GIBBS R.A., Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34112 VIOLATION: Dust Control22-26(104.5.5) LOCATION OF VIOLATION: Folio#00185880006 SERVED: EMPIRE DEVELOPERS GROUP LLC, 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 at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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 pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon interpret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n vs. Dep. Case Number CESD20080014496 Empire Developers Group 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.07-44 as amended,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 Florida Building Code 2004 Edition Chapter 1 Permits, Section 22-26 subsection 104.5.5 and 04-41 The Collier County Land Development Code,as amended,Sections 4.06.04.A.1.a.vii[a-d] 2. Description of Violation: Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. 3. Location/address where violation exists: Folio Number 00185880006.Legal Description 21 48 26 E1/2 OF SE1/4 OF SW1/4,Less R/W&OR 3579 PG 3893 4. Name and address of owner/person in charge of violation location Empire Developers Group LLC.,Goodman Breen and Gibbs 3838 Tamiami Trail N Suite 300.Naples,FL 34103 as registered agent. 5. Date violation first observed: 9-24-08 6. Date owner/person in charge given Notice of Violation: 9-24-08 7. Date on/by which violation to be corrected: 10-9-08 8. Date of re-inspection: 10-27-08 9. Results of Re-inspection: The 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 28th day of October,2008 Pfkuvr.Js Z 4.124 -+- Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 28th day of October ,2008 by (S' a of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced NOTARY PUBLICSTATE OF FLORIDA ' Jennifer Waldron REV 3-3-05 r,;, Commission DD123767 «.,• Expires: SEP.17,2012 BONA ?HMI MANTIC BONDENG Co.,Qrc. 1 1 Ca's. i. , • r.CES 0080014496 Da :Septeer 24,2008 es.gator:P trick Baldwin Phone: .c 9-252-5756 ��, COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:EMPIRE DEVELOPERS GROUP LLC 9351 CORKSCREW RD ESTERO,FL 33928 Registered Agent:Goodman,Breen and Gibbs 3838 Tamiami Trail N,Suite 300 Naples,FL 34103 Location: Folio Number 00185880006 Unincorporated Collier County Zoning Dist:RPUD Property Legal Description:21 48 26 E1/2 OF SE1/4 OF SW1/4,LESS RAN&OR 357E PG 3893; Folio:185880006 - _ NOTICE I Pursuant to Collier County Consolidated Code Enforcement Ordinance No.0-'-44,you erelnot ied that a violation (s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Adoption/Amendment of the Florida Building Code 2004 Edition Dust Control.Coollier County Code of Laws and Ordinances,Chapter 22,Article II,Section 22-26(104.5.5)and 04-41,Th, Land D!weldprittent Code,as amended,Sections(s)4.06.04.A.1.a.vii[a-dj Adequate dust control measures shall be employed by the permittee to prevent complaints a'sing ton'unheal unsafe or d maging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to on nr cessat oh of work causing chh dust and to decline inspection requests.: Y prevent fill is used to bring building lots to desired construction elevations those lots s all immediate) e seeded,tq revent erosion,exotic seed infestation and dust. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). j [ Did Witness: Disturbed land in Vita Tuscana Folio number 00185880006 that has not been hydro-seeded i creating dust and unhealthy conditions. 1 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): • Initial Inspection 1. Must immediately implement dust control measures to prevent unhealthy,unsafe,or damaging conditions anti maintain said measures at all times. These measures will include hydro-seeding. Tt is must de accomplished with n 14 �� days of the issuance of this notice. ON OR BEFORE:10/09/2008 Failure to correct violations may result in: 1)Mandatory notice to appear or issuance of a citation that may result in fines up to f 500 and costs of prosecution.OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per v Nation,as long as the violation remains,and costs of prosecution. S D BY: INQUIRIES AND COMME NTS SHOULD BE DIRECTED TO CODE Et,FORCEMENT ai./=e--le' ,&:----e— --------_:. 2800 North Horseshoe Dr Naples,FL 34104 nvestigator Signature Phone:239 252-2440 FE:K:239 252-2343 Patrick Baldwin `' — -Z y _c) Signature nd Tit a of Rec:?ien /Ofty ti'- :/NST7 74A Printed Name of Recipient 3 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.05. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL). i. For individual single family lots orblocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation. ii. To allow for safety during tree removal, if a developer owns contiguous single familylots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. Fill dirt may be imported on to the site if there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section4.06.04.A.l.a.iii.c. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots orblocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material, such as lake number (lake#) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. ii) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) Preliminary Clearing and Excavation Permits (PCEP): Once the environmental review is complete and approved, the applicant may submit for a PCEP to allow for early clearing, excavation,and earthwork as per the work limits that are shown on the applicant's site plan. All requirements of section 3.05.05.C.1. must be met. iv) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing ,-� referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. v) The type of vegetation to be removed must be shown on the drawing. vi) The source of the material, such as lake number(lake#) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the 100 acres may be used to bringbuilding lots to desired construction elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. iv. No VRSFP will be issued without first submitting copies of all required approved agency permits,regardless of whether the permit is for clearing and filling or simply filling a site. v. 'When a VRSFP authorizing up to 100-acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional 100-acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize greater than 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of$5,000.00 per acre must be posted. a) When fill is used to bringbuilding lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of$10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit(VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board,through a Schedule of Development Activities, that the project will be completed in a reasonable amount of ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord.No. 02-01, § 1, adopted Jan. 8, 2002, provided for the adoption of the Florida Building Code to read as herein set out. Section 3 of said ordinance provided for the repeal of article II, §§ 22-26--22-35 and 22-46--22-57,pertaining to the Building Construction Administrative Code as enacted by Ord.No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, § 58-26 et seq. Land development code reference--Building board of adjustment and appeals, div. 5.4. Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference,the Florida Building Code, 2001 edition(FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition,the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection"which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County,under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such,which may occurbefore, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration,repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of. Section 104.5.5, entitled "Dust Control,"is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. Section 104.5.6, entitled "Noise Control,"is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. No work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled "Work Commencing before Permit Issuance, "has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit, he shall be subject to a penalty of quadruple(four times) the permit fees. Section 104.6.4, entitled "Schedule of permit fees,"has been deleted in its entirety and replaced with the following: 104.6.4. The Board of County Commissioners shall establish, by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this Code and related Ordinances. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Code. These fees may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical,plumbing,mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements,"is a new section which will read as follows: 104.6.5. The general contractor of record for the building shell permit will be allowed to _. apply for a permit for tenant improvements before the shell has been given a Certificate of Occupancy. Only the general contractor of the building shell will be able to obtain a permit for a tenant improvement prior to the shell being given a Certificate of Occupancy. Each tenant space (i.e., unit, suite, etc.) that is not finished under the original building contract will require its own permit for improvements. Revisions tothe original scope of work will not be considered for complete tenant improvements after the original permit is issued. No tenant spaces will receive a Certificate of Occupancy until after the shell has been given a Certificate of Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Building(4)-Partial building inspections,"is a new section which will read as follows: 7 3464148 OR: 3631 PG: 1454 MORBID it OFFICIAL RECORDS of COLLIER C0D%TT, FL 08/25/20D4 at D8:11A1 D%IGHT I. BROCI, CLIRE CORD 3500000.00 v RIC III 11.50 Prepared by and return to: DOC-,]0 24500.00 ■•■, Stanley J.Lieberfarb COFIDS 2.00 Attorney at Law - Rots: Stanley J.Lieberfarb,P.A. STAHL%Y J LIBB&RFARB 1100 Fifth Avenue South Suite 405 1100 5T0 AGE S D405 Naples,FL 34102 EMUS FL 34102 File Number. G04232 {Space Above This Line For Recording Data) Special Warranty Deed This Special Warranty Deed made this /2 day of August,2004 between Empire Builders of Collier County, ____ . __ .__.Inc.,a Florida limited liability company, whose post office address is 5660 Strand Court, Naples, Florida 34110, grantor,and Empire Developers Group, LLC,a Florida limited liability company whose post office address is 3838 Tamiami Trail North,Suite 300,Naples,FL 34103,grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS(510.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate, lying and being in Collier County,Florida,to-wit See Exhibit "A attached hereto and incorporated herein. Parcel Identification Number Tax I.D.# 00186560008; #00186760109; #00186600007;and#00186760002. • a I Subject to taxes for 2004 and su qbe . : ,. rht r y conditions, restrictions, easements, reservations and limitations of re rV y. SUBJECT TO a First Mort ge 1 : . . enneth D.Good ,n, ats Trustee of the Empire/Olde Cypress Investment Trust u/ d ay • ,t 14,record • 1 Official\Records Book 3577,Page 2122,of the Public Records of Colli r C'urtty..... o -: '1 prspcipal sum of$3,500,000.00, which mortgage Grantee herein : pf 1 a u �n,i.g - Together with all the tenements,he g t, : • the_ -o. or in anywise appertaining. Ilibk To Have and to Hold,the same in • ple forever. 2:—..e • And the grantor hereby covenants with s. . V g Y _ that the grantor i t{�ir seized of said land in fee simple;that the grantor has good right and lawful authority to .. 1. . '-. 1�tf e grantor hereby fully warrants the title to said land and will defend the same against the lawful c.'. y F�}Ras-cta' ing by,through or under grantors. • In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: EMPIRE BUILDERS OF COLLIER COUNTY,INC.,I Florida-: - --- - 'r corporation • ' . Print Name: '_ 16'��4 . :y: Willi ` Its: Pr Pri r Name: 2f ,r6, (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF Po.///E_ The foregoing instrument was acknowledged before me this /2 day of August,2004,by William Slavich,as President , of Empire Builders of Collier County,Inc.,a Florida corporation,who is personally known to me or who has produced as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided,then the • o executing this' • m- t was pe•• nally known to me. If the wards in the paenthetical"didNot"are not circled,then 4411.r, ons- cuti _this in : m,I d• • e an oath. My Commission Expires: 1iLL...a/ �� ••F• Stanley Lieberfarb Signature 4 My Commission DD1167E3 , ' °" August 29. Print Name o"rotary DoubleT'ime` 8 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CESD20080014496 vs. EMPIRE DEVELOPERS GROUP,LLC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 20,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Empire Developers Group,LLC..is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,William Slavich,Manager,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 Folio 00185880006,more particularly described as(see attached Legal)is in violation of the Florida Building Code 2004 Edition,Chapter 1,Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.04.A.1.a.vii(a-d)in the following particulars: Failure to utilize adequate dust control procedures shall be sufficient to order cessation of the work causing such dust and to decline inspection requests. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Florida Building Code 2004 Edition,Chapter 1, Section 22-26,subsection 104.5.5 and the Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.04.A.1.a.vii(a-d)be corrected in the following manner: 1. By hydro-seeing all disturbed land in Folio 00185880006(28.6 acres),grading house pads to a 4:1 slope and leveling all stockpiled material within 4 business days(November 26,2008),unless a Plans and Plat permit is issued. • . 2. If a Plans and Plat permit is issued and construction work is not started by December 15,2008,the Respondent agrees to hyro-seed all disturbed areas by December 31,2008. 3. By grading house pads to a 4:1 slope and by leveling all stockpiled material in Folio 00186000005 (18 acres)within 4 business days(November 26,2008)unless a Plans and Plat permit is issued. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 26, 2008,unless a Plans and Plat permit is issued,then there will be a fine of$10 per acre for each day until the violation is abated or a Plans and Plat permit is issued. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by December 31, 2008,then there will be a fine of$10 per acre for each day until the hydro-seeding is finished. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by November 26, 2008,then there will be a fine of$10 per acre for each day until the violation is abated or a Plans and Plat permit is issued. 7. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order. 8. 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 the site inspection. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$86.71 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 (9544—day of 00V• ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI r R COUNTY FL PI RIDA BY:/�:.%„,i46, erald Lefebvr- hair 2800 North H. seshoe Drive/ Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) � lay.� The foregoing instrument was acknowledged before me this aJ d of K)0\I , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. Noir Y‘11;t1StAA: SRS KRISTINE HOLTON NOTARY PUBLIC �• ;,K MY COMMISSION#DD 686595 EXPIRES:June 18,2011 My commission expires: VI,•G Bonded 7hru Notary Pubic Underwriters FLORIDA. :ounty of COLLIER • I HEREBY CERTIFY THAT this IS a true an :orrect copy of a aocument;Qn the Board Minutes ana" °rrortyt'of coiner County tsrss my n ro an official,S' ' I,th day of fir _ DWIGHT E. BROCK, { ERWOF COURTS. RIR h•Limid—ilf144.10....' OA �aaw.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Empire Develo ers Group,LLC,Goodman Breen and Gibbs,R.A.,3838 Tamiami Trail N.,Suite 300,Naples,FL 34103 this c3 'day of (-)O ,2008. J M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080014496 Empire Developers Group LLC, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, William Slavich, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014496 dated the 20th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22- 26 subsection 105.5.5 and 04-41 The Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] and are described as disturbed land in Vita Tuscana have not been hydro-seeded and now are creating dust. Adequate dust control measures shall be employed by the respondent to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$86.71 incurred in the prosecution of this case. 2) Abate all violations by: A. Hydro-seeding disturbed land in folio#00185880006 75•4. C-V grade house pads to a 4:1 slope and level all stockpiled material within 4 days of this hearing (November 26) or a fine of$10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is iss Vic. If a Plans & Plat permit is issued and construction work is not started by December 11, 2008, the Respondent agrees to t'Cem�O ;- 3i�r 300 X hydro-seed all disturbed areas within 14 days ( @a) or a fine of$10 per day, per acre will accrue until hydro-seeding is finished . B. Grade house pads to a 4:1 a artd level all stockpiled material in folio#00186000005 within ays of this hearing or a fine of$10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issued. C. If the respondent(s) 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. REV 2/23/07 ��� D. The respondent must notify the Code Enforcement Investigator when the violation is abated in order to conduct a final inspection to confirm abatement. Code Enforcement Department - � 411"" Diane Flagg 78816/11 ',`A./it./-/ Director, Code Enforcement l / 1`96/08 r, /- acs v Date Date REV 2/23/07 i 3464148 OR: 3631 PG: 1450 R1CORDID it OFFICIAL RECORDS of COLLIER COURTT, FL OS/25/2004 at 08:1111 DIIGBT B. BROCI, CLIRI [c COLS 3500000.00 " v Prepared by and return to: REC PEE 18.58 Stanley J.Lieberfarb DOC-.70 24500.08 Attorney at Law COPIES 2.00 Stanley J.Lieberfarb,P.A. RetII: 1100 Fifth Avenue South Suite 405 S4IILBT J LIEBIRFitRB Naples,FL 34102 R1100 F AVE S p405 IFLES S FL 34102 File Number. G04232 (Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this /2. day of August,2004 between Empire Builders of Collier County, ____--.._—...__ Inc.,a Florida limited liability company, whose post office address is 5660 Strand Court, Naples, Florida 34110, grantor,and Empire Developers Group, LLC, a Florida limited liability company whose post office address is 3838 Tamiami Trail North,Suite 300,Naples,FL 34103,grantee: (Whenever used herein the terms grantor and grantee include all the panics to this instrument and the heirs,legal r:presenusives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS(810.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate, lying and being in Collier County,Florida,to-wit See Exhibit "A" attached hereto and incorporated herein. Parcel Identification Number: Tax I.D.# 00186560008; #00186760109; #00186600007;and#00186760002. • L I Subject to taxes for 2004 and su • e C. conditions, restrictions, easements, ____ reservations and limitations of r IS '. y. r SUBJECT TO a First Mort ge I' • . : enneth D.Good .•a,a\s Trustee of the Empire/Olde Cypress Investment Trust u/ d ay —114,record-• t Officio ecgrds Book 3577,Page 2I22,of the Public Records of Colli r C.u • or•• 1 p cipal sum of 53,500,000.00 which mortgage Grantee h ein - • 4!r a u - rJ g _ -, Together with all the tenements,he -: • �,L�!. ..,,,, _ they •-o or in anywise appertaining, To Have and to Hold,the same in • l plc forever. �� And the grantor hereby covenants with s. • ; V g y that the grantor i seized of said land in fee simple;that the 1 grantor has good right and lawful authority to ,,II i. e grantor hereby fully warrants the title to said land and will defend the same against the lawful c. ., a s . , A • ing by,through or under grantors. • In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: EMPIRE BUILDERS OF COLLIER COUNTY,INC.,I Florida-r •"- - -—' - . - . --- corporation _ar i ��± Print Name: - ,�' '_ �.'—'�4 �F :y: Wiu'; `,r —ni Its: Pr.. • Pri r Name: MilifIrjerre•. (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF Po ii/>c•' The foregoing instrument was acknowledged before me this iz day of August,2004,by William Slavich,as President of Empire Builders of Collier County,Inc.,a Florida corporation,who is personally known to me or who has produced as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided,then the .. • executing this. .• m• t was • s,nally known to me. If the wards in the paenthetical"didNot"are not circled,then V •ns cuti _this in' m-1 d'. . a an oath. My Commission Expires: I / :4; Sa Signature 'M Ahy Commission DDt 1676 or 29' Print Name o rotary DoubleTrrne. 4r. °. *" 011: 3631 PG: 1453 *** EXHIBIT "A" The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East,less the south 100 feet thereof,lying and being in Collier County,Florida; Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East,Collier County,Florida; Less and excepting a parcel herein described as commencing at the south 1/4 corner of section 21, township 48 south,range 26 east;thence run north 00°05'10"west for a distance of 100.00'to the point of beginning. Thence run north 89°59'30"west for a distance of • feet: Thence run north 57°41'53"east for a dis • , •- - Thence run north 43°11'04"east for a• -;10,„., ?• - -.- •,A,-„, Thence run north 6994'31"east for- •1^7of 37.47 feet; � Thence run north 51°13'31"east f• _�?!nce of 49.97 feet Thence run north 48°50'11'east,•r a •i ,' • • 4 - I Thence run north 41°17'38"eas for d = :_ •f 3 1 f==t; Thence run north 55°19'31"ea for Thence run north 59°40'49"e t f• lig •• ••��- Thence run north 81°02'13"ea t �c• N!i Thence run north 85°19'57"ea-t1 - .L .. r t ‘%' Thence run north 80°56'51"eas lew= distance of 45.57 f r Thence run north 79°18'39"eas istance of 61.22 f--.1 O Thence run north 68°15'46"east •�41���_tance of 43.56 fee, Thence run south 00°04'57"east fo'i[ .. ..nce of 224.51 feet; Thence run north 89°58'07"west for- - _ •f 330.17 - 1� • To the point of beginning. E CIR Together with the following three mitigation parcels: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 11,Township 48 South, Range 26 East, Collier County, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South,Range 26 East,Collier County,Florida(Parcel I)subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,Section 11,Township 48 South,Range 26 East,Collier County,Florida(Parcel II)subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II; COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Brian G. and Dara L. Gorman, Respondent(s) DEPT No. CESD20080008567 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20080008567 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GORMAN, BRIAN G & DARA L, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Constructed a dock with boat lift and electrical connections without proper Collier County Permits LOCATION OF VIOLATION:227 DOLPHIN COVE CT Bonita Springs, FL ^ SERVED: GORMAN, BRIAN G & DARA L, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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 /tea 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 as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tenon vini avek yon intepret pou pale pou-ou. I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner -;- n vs. DEPT CASE NO.CESD20080008567 Brian G&Dara 1. Gorman, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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 2004-41,as amended Section(s): 10.02.06(B)(1)(a); 10.02.06(B)(1)(e);and 10.02.06(B)(1)(e)(i). -2. Description of Violation: Constructed a dock with boat lift and electrical connections without proper Collier County Permits. 3. Location/address where violation exists: 227 Dolphin Cove Ct,Bonita Shores,FL 34134-7456, Folio#29910000605 4. Name and address of owner/person in charge of violation location: Brian G. & Dara L. Gorman; 227 Dolphin Cove Ct,Bonita Springs,FL 34134-7456 5. Date violation first observed:June 13,2008 6. Date owner/person in charge given Notice of Violation: June 23,2008 7. Date on/by which violation to be corrected:July 23,2008 8. Date of re-inspection: October 16,2008 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 16th . day of October, 2008 Jola an Musse Co e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER lwiT to(or a'.I -d)and subscribed before this 16th day of October ,2008 by 1. I!.a 1 .:.' ignature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known )6 or produced identification Type of identification produced �,ar Po.G Vp;¢7rp public State of Florida emu., i`i,vidson s` Wi ::ssion DD558435 1.-0_,.opp r,.,,,;; ,,D.,'20 i 0 REV 3-3-05 2- • Case Number: CESD20080008567 Date:June 23,2008 Investigator:Jonathan Musse Phone:239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION • Owner: Brian G & Dara L Gorman 227 DOLPHIN COVE CT BONITA SPRINGS, FL 34134-7456 Location: 227 DOLPHIN COVE CT Bonita Springs,,FL Unincorporated Collier County Sec:5 Twp:48 Range:25 Zoning Dist RSF-3 Folio: 29910000605 Property Legal Description: DOLPHIN COVE LOT 7 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44,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) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) 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... : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s)and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status -Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A dock with boat lift and electrical connection built without first obtaining proper Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements:AND/ OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all Collier County Codes and Ordinances. 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. 3. Must request/cause required insPections to be performed and obtain a certificate of occupancy/completion AND l OR Must demolish describedimprovements/structure and remove from property. ON OR BEFORE:July 23, 2008 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 Y 2800 North Horseshoe Dr, Naples, FL 34104 In esti for Signature Phone: 239 252-2440 FAX:239 252-2343 Jon n Musse —S • ature and Title 6"ecipient �1 l Prin ed Name of Recipient June 23, 2008 Date 4 i A 9 . .,› 0 . ....144.01, ORDINANCE NO 04- 41 _ __ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS -2,, Ita. ,::,;'••F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER 0..... _,„0:- COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE , -`41-zw" COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; .v.- SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC, ._ 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.0q.4- f'-a APPLICABILITY, SEC. 1,05.00 FINDINGS, PURPOSE AND .1 *c;_. -31 • INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC. 1.07 O0 1.7-:: , LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINMONS;crIF; CHAPTER 2-ZONING DISTRICTS AND USES, INCLUDING SEC. 4-:7-. :.------ — 2_01.00 GENERALLY, SEC.2.02.00 ESTABLISHMENT OF ZONING 1 c:., = • DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 • PERMISSIBLE, CONDMONAL, AND ACCESSORY USES IN c ?. cr, ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC- -(T,4-=-: _ 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, --— SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLF1ELD AND /•-■ GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPM-ENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES -AND -STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUPTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND - IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER - SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7- RESERVED; CHAPTER 8 • - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC.8.04.00 BOARD OF ZONING APPEALS, SEC, /".. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, ' SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, • SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 2?e COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES • DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. rs- �Iding or Land Alteration Permits.. ' Building or land alteration permit and certificate of occupancy compliance process. e. 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 -47 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 =Y'w " alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site -:' development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier .County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or-land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape __ _. __ __ _ and dimensions of the lot to be built upon; the sizes and locations on the _____ lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If �., there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be- required. - ` ` - Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land .`: surveyor or engineer Ilpensed 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 7 occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, Kt 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 A Code and all other applicable regulations, ordinances; codes, and laws. .. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. improvement of property prohibited prior to issuance of building permit: No site work, removal of protected vegetation, grading, improvement of property or construction of any.type may be commenced prior to the ------ issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). . 3399183 OR: 3563 PG: 0194 �O' Brenda A.� �t�U it D�l°ICIA! tR�Rlid 0l tLI� M , iE k Tilde Sikes of SW FL,Inc. Q 1i2�2i7o� it C2.#i?R!<Mel I. ERA!, Q ERis 9244 Bonita Beach Suite 22i: p OQ, R Bonita Springer Floors 34135 0 [9 6.00 hat..9 HMO Reuel File Number. 04.001.39 WIWI illi! 53RY1t:RS 92&O HUH Ma u 1:ZZts HIM HENS B. 3413$ I General Warranty Deed made this April 330. A.D.By Philip G. c.sud/tir+ers Hargrove,w*hosemss is»227 Dolphin Cove Court,Bonita Ste,Florida. 34134.hetnhater called the grantor,to Brian G.Comma and Dann.I.German,whose patio ttfaae address is: mete: hereinafter called the Menem used bou¢ir am twig"taanacd`ntd+'fie"iaelao&all tat Wiest&this instrument we)tat antis,411 reatestivatima+;ea �d?r�idusbi,and done sv mwx rod cuss ar�i) ` cC Wilness.et,that the grantor,for and in consideration of the surd ofTen Dollars,($10.00)and other valuable causiderations, receipt whereof is hereby acknowledged,hereby grants,bargains, els,aliens,ttni ses,ae lasses„conveys and confirms unto the grantee, all that curtain lead situate in Lim County,Florida,viz: ^.... Lot 7,DOLPHIN COVE,=coding to the plat thereof as recorded in Plat Book 19,Page.55 as d 56,of the Public Records of Collier Canty,F1 pride. *a single man **a Single woman Faecal ID Number;2991000060S Together with all the tenements,hereditamenta and atwurtmanccs thereto belonging otr in anywise appertain„ .. To HMV and to Hold, the same in the simple brevet, And the grantor hereby covenants with said wanes that the grantor is lawfully seized of said land in for simple:dam the grants has good right and hulled authority to Sell arm cortvey said hod:that the grantor hereby fully warms the title to said had and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except tames a,c srang f subsequent to December 31,2003, 1 Its Witness W toilet, the said grantor has signed and sealed these presents the day and year first above.written. Signal sealed and delivered in our presence: ! 01141614 ,00.,),thaelp - -, Y °■nip+G,fit .�:.,ve nimbi tame a Fail . Mdrras: Dolphin Cove, Court,Snrto}a Sptittgs,Florida 341:34 / / 7"--,Z. .,. f?- _ {scam Milrcyn Uargrotr ' Weans ed Nil JENNY A._HOLCOINB Address Stain of Florida Cranny of Lee http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=311858 8/22/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner CEB CASE #: 2008- v. CESD200800008567 BRIAN G. AND DARA L. GORMAN Respondents. / (1l o p A MOTION FOR CONTINUANCE OF HEARING Comes now the Respondents, BRIAN G. AND DARA L. GORMAN, (hereinafter, "Respondents"), by and through their undersigned counsel, who on their behalf files this Motion for Continuance of Hearing, and for such cause states the following: 1. A hearing is set for this matter on November 20, 2008, (hereinafter, "Hearing") before the Collier County Code Enforcement Board, (hereinafter, "Board"), at which time the Board is to hear certain evidence presented by Collier County Code Enforcement upon which the Board will then be requested to render its Findings of Fact, Conclusions of Law and Order of the Board, (hereinafter, "Order"), as well as consider the position of Respondents with respect to such alleged violations. 2. Pursuant to Collier County's Consolidated Code Enforcement Ordinance, Ordinance No. 2007-44, and Board adopted Rules and Regulations, Article VIII, Section BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080014496 Empire Developers Group LLC, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, William Slavich, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014496 dated the 20th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22- 26 subsection 105.5.5 and 04-41 The Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] and are described as disturbed land in Vita Tuscana have not been hydro-seeded and now are creating dust. Adequate dust control measures shall be employed by the respondent to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$86.71 incurred in the prosecution of this case. 2) Abate all violations by: A. Hydro-seeding disturbed land in folio#00185880006 grade house pads to a 4:1 slope and level all stockpiled material within 4 days of this hearing (November 26) or a fine of$10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issued. If a Plans & Plat permit is issued and construction work is not started by December 31, 2008, the Respondent agrees to hydro-seed all disturbed areas within 14 days (January 15, 2009) or a fine of$10 per day, per acre will accrue until hydro-seeding is finished . B. Grade house pads to a 4:1 slope and level all stockpiled material in folio#00186000005 within 4 days of this hearing or a fine of$10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issued. C. If the respondent(s) 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. D. The respondent must notify the Code Enforcement Investigator when the violation is abated in order to conduct a final inspection to confirm abatement. REV 2/23/07 BOARD of COUNTY COMMISSIONERS Collier County,Florida Petitioner, Vs. DEPT NO. CESD20080014496 Empire Developers Group LLC, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, William Slavich, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CESD20080014496 dated the 20th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22- 26 subsection 105.5.5 and 04-41 The Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] and are described as disturbed land in Vita Tuscana have not been hydro-seeded and now are creating dust. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ k,:1) incurred in the prosecution of this case. 2) Abate all violations by: A. Hydro-seeding all disturbed land in folio#00185880006 (28.6)acres, grade hopads to a 4:1 slope and level all stockpiled material within days of this hearing or a fine of$10 per acre, per day will be assessed until the violation is abated based on the motion passed by the BCC on 10-28-08. B. Grade house pads to a 4:1 slope and teal!stockpiled material in folio#00186000005 (18)acres within days of this hearing or a fine of$10 per A� acre, per day will be assessed until the violation is abated based on the motion passed by the BCC on 10-28-08. C. If the respondent(s) 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. D.The respondent must notify the Code Enforcement Investigator when the violation is abated in order to conduct a final inspection to confirm abatement. REV 2123/07 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Empire Developers Group LLC Violation of The Florida Building Code 2004 Edition Chapter 1 Permits, Section 22-26 subsection 104.5.5 and 04-41 Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] Patrick Baldwin, Code Enforcement Official Department Case No. CESD20080014496 DESCRIPTION OF VIOLATION: Elevated lots in Vita Tuscana have not been hydro-seeded and now causing dust. Folio number 00185880006. Legal description 21 48 26 E1/2 OF SE1/4 OF SW1/4, LESS R/W & OR 3579 PG 3893 RECOMMENDATION: That the CEB order the Respondent to pay all operational costs $ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Grade elevated lots to the 4:1 grade, level the stockpiles and hydro-seed all disturbed land within days of this hearing or pay a day until all of the disturbed land is hydro-seeded. 2. 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 provisions of this order. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080008567 Board of County Commissioners, Collier County, Florida Vs. Brian G. &Dara L. Gorman Violation Collier County Ordinance 2004-41 as amended of Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20080008567 DESCRIPTION OF VIOLATION: Contructed a dock with boat lift and electrical connections without first obtaining proper Collier County permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs within 30 days of this hearing in the amount of $ incurred in the prosecution of this case and abate all violations by: 1. Obtaining a Collier County building permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with days of this hearing or a fine of$ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit to remove any said illegal construction additions, remodeling to include inspections, and certificate of completion within days of this hearing or a fine of $ per day will be imposed until violation is abated. 2. 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. 3. The respondent must notify the Code Enforcement Investigator within 24 hours of abatement in order to conduct a final inspection to confirm abatement. REV 2/23/06 9 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Eduardo &Annette Nodarse, Respondent(s) DEPT No. 2007020522 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-7 •1, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: 2007020522 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NODARSE, EDUARDO B &ANNETTE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Property has been mechanically cleared in excess of 1 acre without required permits LOCATION OF VIOLATION:4184 6th AVE NE Naples, FL SERVED: NODARSE, EDUARDO B &ANNETTE, Respondent Susan O'Farrell, 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 at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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 sewn disponibles en la audiencia y usted sera responsible 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 pou fe tradiksyon.Si ou pa pale angle tanpri 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.:2007020522 Eduardo and Annette Nodarse,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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 04-41 as amended Collier County Land Development Code Section 3.05.01 (B) 2. Description of Violation:Property has been mechanically cleared in excess of 1 acre without required permits 3. Location/address where violation exists: 4184 6th Ave.NE Naples,Florida folio#40743600002 4. Name and address of owner/person in charge of violation location:Eduardo and Annette Nodarse 4184 6th Ave NE Naples,Florida 34120 5. Date violation first observed:2-20-2007 6. Date owner/person in charge given Notice of Violation: 5-29-07 7. Date on/by which violation to be corrected: 5-16-07 8. Date of re-inspection: 8-1-08 9. Results of Re-inspection:Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th day of October,2008 P 0 C /1'1 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 7th day of October.2008 by Susan O'Farrell f (S. a - of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PVBIJC.STATE OF FLORIDA r . Jennifer E. Waldron e, m;I Conunj ion#DD823767 Expires: SEP.17,2012 BOND/CD TM/ATLANTIC BONDING CO,,INC. REV 3-3-05 2- COLLIER COUNTY,FLORIDA c...0 NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT .3: Eduardo and Annette Nodarse ORDER TO CORRECT VIOLATION(S) : 4184 6t`Ave NE You are directed by this Notice to take the following Naples,FL 34120 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Conduct no further vegetation removal. Within Collier County Zoning District: Estates And Sec 04 Twn 49 Rng 28 Subd Blk Lot Parcel Respondent must prepare a mitigation plan which meets Of Collier County Record. Property ID: 40743600002 the criteria as stated in 04-41 as amended Sec. PUD Tract Unit SDP 10.02.06.E.3 (Copy attached). The mitigation plan shall OR 4082 Page 3660 : OR Page be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy AKA(Address) 4184 6th Ave NE Naples,FL attached). The respondent is required to establish a monitoring program(10.02.06.E.3.e.i)that would NOTICE determine the 80% survivability of species of the plants Pursuant to Collier County Code Enforcement Board used in the mitigation effort over a five year period with (CEB) Ordinance No. 05-55 and 97-35,as amended,you are replacement required to maintain the 80%minimum notified that a violation(s) of the following Collier County annually.A minimum of five reports will be submitted by Ordinance(s) and or PUD Regulation(s) exists at the above- respondent. Reports will be due at one year intervals. described location. Ord No. 04-41 as amended Section 3.05.01(B) ON OR BEFORE: 16th May 2007 Ord No. Section Ord No. Section PENALTIES MAY BE IMPOSED 1) Mandatory notice to appear in court or issuance of a (JD#s: citation that may result in fines up to $500 per Regulations: violation. 2) Code Enforcement Board review finds a violation Sections: exists, a maximum fine of$1000.00 per day in the case Dated: of a first violation., as long as the violation remains, and costs of prosecution. DESCRIPTION OF CONDITIONS CONSTITUTING'I'H.E VIOLATION(S). ORVED BY: Personal Service ]Lfled Mail Posting of Property Did Witness: Vegetation removed over the allowable one acre without obtaining the proper required Collier County permits. I, HEREBY acknowledge that I have received, read, and understand this notice of INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE violation. ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax(239)403-2343 Signature and Title of Recipient c/It___ Investigator signature WeLle i----1 Print VIOLATION STATUS: Dated this 16th day of April 2007 Initial ❑Recurring ERepeat Reference case number: 2007020522 Notice.of Violation Orieinal to File. Craw to Recnnndent Cony for Site Pnctinv Cony for Official Foci-ins= 12 ev R/033 • • • ■ • ■ • -0 ! 1 •■ •■ •■ N z co I O: !D tro t b D ^'7'w•"0 ?V p" ' �] ti m , y ,..i Cr w o007m — O n x. CO =0, m d ,m U CD I to � L�7 a �`�' y fD 0 Fr m 00 [ O d 3 a N R~j z g a m 7006 2150 0005 6165 3333 o o ,a 0 �m °jfDa� Q Z. _ n 5i R). 'm in 0 oN fb ° a 0 • m m ma o ° °� ym o Om�' N I .« O.m o m m_ 0 3 o m O O o° o =v ~� m z v' �� J -- O t:7 1 l0 Z -5 C G d� Z a • o, m c� a j 3 TT cr.on O Ln tai a) m ..i mm m'm mT o ..O m 7,I.� a cn N W y m m a. w ZO m m m m O v o w t� s- v, ro co 0 c W m r > ' -" —ID co W Z l�i� m tai' y p D�•, P. w O m. �( p n x t� �e P. j 1D 3 a ❑❑Xm r---.. w 7 g I r � ra _ m _ v C0 "5 x' m m m y r N tai [ m y a 2. . `Rf 3 z a , a m O z 1'11 J w t+i Cy m y as m m N r--, m m w z. C\\ co d -fin O IQ CO � ' 3J1 m a m �;•j,• o 9 N � 2 ,4 0. 1 ❑❑❑ c a 1 N l0 "0 N 1 ���111 m m �, m, O 2°m_ . .. p ,mp a U O J m3 O t9 m 3' Z o Z m m n .y) R g m 3 `�i m y g Et '' v l m • o c7;N 0 1 o '< Z m �3 QD b s o m l O a m a �- w • N a. O m 4- LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County;to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate,trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3881646 OR: 4082 PG: 3660 RECORDED in OFFICIAL RECORDS of COLLIER COU T!, FL 08/03/2006 at 02:07PM DWIGBT B. BROCI, CLERK COBS 415765.00 RIC FEE 18.50 DOC-.70 2910.60 Retn: This Instrument Prepared by&return to: BDgARD B GILBBR? Name: Edward H.Gilbert,Esq. 5100 TOOII CBRlER CIR 1430 Edward H.Gilbert P.A. Address: 5100 Town Center Circle,Suite 430 BOCA RlllOR FL 33486 Boca Raton,FL 33486 File No.3712.031 Parcel I.D.#: 40743600002 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA SPECIAL WARRANTY DEED THIS WARRANTY DEED (the "Deed") is made this 1st day of August, 2006 (the "Effective Date")between WATERWAYS JOINT VENTURE IV,a Florida general partnership,having its principal place of business at 15122 Summit Place C .p -s jr. a 34119 (the"Grantor"),and EDUARDO B. NODARSE and ANNETTE NOD hose post office address is 4184 6th Ave.NE,Naples,Florida(the"Gran -15) Grantor, for and in con de - . • .+`0 •liars($10.00),and other good and valuable consideration t■ G : .r . I ..i 4,#b i -• - th receipt whereof is hereby acknowledged, does grant, bar a' : se - t;,1-s, an+ 9 an heirs and assigns forever,the following described land (th . :�'� t• -' -r •• all—. — ' nements, hereditaments and appurtenances thereto belonging r anyway appertaini si ate 1.V and being in Collier County, Florida,to wit: 4 0 The East 150 feet of Tract 49,GOL ► TE ESTATES • 78,according to the plat thereof as recorded in Plat Book 5,Page 16,of 'Al • . '• I *►unty,Florida. C The above described property is not the Constitutional homestead of the Grantor nor is it contiguous to such. SUBJECT TO: I. Conditions, restrictions, reservations and easements of record, if any, but this provision shall not operate to reimpose the same. 2. Zoning ordinances and restrictions, reservations, prohibitions and any requirements imposed by governmental authority. 3. Taxes and assessments for the year 2006 and subsequent years. 4. Homeowner Association fees accruing subsequent to the date hereof. Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by,through or under Grantor. (Signatures appear next page) *>r OR: 4082 PG: 3661 *** IN WITNESS WHEREOF,Grantor has executed this Deed on and as of the Effective Date. WITNESSES AS TO ALL: WATERWAYS JOINT VENTURE IV, a Florida general partnership By: Waterways at Hibiscus,Ltd.,a Florida Witness Si azure limited partnership,a general partner !Kathy A. Susko By: Waterways Development, 1 .,a Printed Name Florida corporation e Gene-1 Partner Ant//1Ant B : A y Wittneir'-rgnature Ric and Day.AM' President 1s►n iAi t.e - t a-mi ry, Printed Name CO � ) .2% } STATE OF FLORIDA • CJ � COUNTY OF COLLIER • . The foregoing instrum,nt ( iwes kn .!e• -- • m, 1 t da of August, 2006, by Richard Davenport,the President of W.: • s' - 0^. _ a Fes. . • "Corporation"),••ration(the Corporation"),the General Partner of Waterways a ft iscus,Ltd.,a Florida- i -• p. • 'p(the"Limited Partnership"), a general partner of Waterways •Ii Venture IV, a Floriet ��� e the "Partnership") on behalf of the Corporation,the Limited P. • - and the Partnership Mi. • . a an oath. Personally known. �� 1 Produced ID: NOTARY PUBLIC, State of Florida My Commission Expires: Print Nam ossimeffiti .c�Y A. S 'e"'ber � • .DD49, '.P� ':oUBto Q, •.......• ,� �c-OF FLO'S • 2 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Eduardo and Annette Nordarse Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code Section(s) 3.05.01(B)Vegetation Removal, Protection, and Preservation Susan O'Farrell, Code Enforcement Official Department Case No.2007020522 DESCRIPTION OF VIOLATION: Property has been mechanically cleared in excess of 1 acre without required Collier County permits RECOMMENDATION: 1. That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case within 30 days of this hearing in the amount of: $_86.43 And abate all violations by: 2. Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program(10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by respondent. Reports will be due at one year intervals. This mitigation plan must be submitted within days of this hearing or a daily fine of$ will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within days of acceptance of mitigation plan or a daily fine of$ will be imposed for each day until plant material is installed. 3 . 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. 4. The respondent must notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 00 D1 N 0 7/F C� tJ 'O ~2 • • p, V ..7_ 0 _ .� w A 00 .`�u oo - d r 11 N 3 ., x_ "4",.D a+ _ TA W �� ❑.. xD o3 "o 0 �'y] o W H 9 w czt ' ..� _ a `: tq `t § v,, FB�• I p_ II _ - I A..i..t ';4-. 'p -i,t-' It:''71,'';` ,r;J;"'".---'- , - _ -- ., y ..22,��IiC • }, . i%.,1`. pj4,i sue ,,. 4 «,,tY 411114.1.'�. { s d Y czt cd 4.,,,,,,,-. , m.. .._ : '. ' V N :1510 qe� + s a, \ o 4 ,..:., „,.,,,,,„., �y ---4,,,f i - S y 2F� 4 -, o' w N .,.. St eP a s O o+ cl m CV Ct ;. ° ... IL - -4,•-: , -4. 4:":44ffirogorlt : • /': .. - 4 1'. .'• ' . .i .,-,, -.4--7- :' 4.,;"' -- :. 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'y,t `s a• 3� . y,' ° . street Nemes 3.1,,,,-.4.-, .��u.. � 'r' �'' a ._ � ' '"_ o- '� '7� s':•�'T..3 '` .Sr Subdlv141ons 'tea' 3-, .d . „- ,� ,'. ;;g m" .3„ 3 it- Aerials 2ad75[b inch thhso). r'' r x,�$ s`q �a i '"*�`'+d pedals DNS�2 FEET) ``%- y,x ,,..�*'a°'l y° °i3« ,rail..:' ' -, d'B - s ' � tialidfng footprints. iy'r°"1 4 r y _ `� ai7� e°`,> `Fe.,s' yp? � - Confer County rrY: ..3- .-- •, ,_Tx£4 r �'Rya' 40o—t I' ,� - � 3'r` � Folio Number.40743600002 r „4.r x � 4 r ; , Name:NODARSE,EDUARDO B=8 .x,, - ;v., a''v ?-1/4 . ° `r . ' - --•s" • 3- ANNETTE . s } 2+. -'€ : 1n - Street#&Name:4184 6TH AVE NE ...4X , xR # + 3 � d:- � • R� L egal Description:GOLDEN GATE , y- ' . sae ( s � EST UNIT 76 E 150FT OF TRNA 49 OR �l. - '" '.ai 7*c ' %si s x` # °'r s g r'.7 1992 PG 1659-1663 � � �a ��r r�«r`� 4x j -� �' r�^t s t _ y3S,y» F, r r Via,=� rs.,�1, ‘7,-i,--, .. l'.w � r -+.';r.�' .. .:1 -amp,Ars-a:.�.rtacw...fi ^;'wY -..� +, �,r '�.,' �- -.� :6.: Yx 'F'� �� t .�7,: O 2004.Collier County Property Appraiser.Wnile the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. t bttp://maps.collierappraiser.com/webmap/mapprint.aspx?title=200 &orient=LANDSCAPE... 8/1/2008 2006 p h ."7,11., • q.)f. i -'4-74C''''';`:"1".":"7, r.,z .'„ `t i°ry �x.`'arri "x' _,. :"-s , _...., --'` -'4',,:-. 1 <,-.,-z.Vri7,4.-▪ at - �.r. --- 'fix - st-',. "'F� ..s ` 11 x E,:.;,-` 4,74.4„4„..1.,74..,.'''.—",,, -an -_ �"'-e- � ',.'-'-`-t-'" y t �' r 4 a . 3° ..t LEGENQ {,� � 1 � �' ` £ 4 i Y`�� °' �''sa k''��r 57ree41tiemes - s. i { � ] ?creels ' `�.� , :, - q ;-....;z' > ,a. U Subd➢dstons • ' • & a �' -� Arrteis Zeoe t6 inch urban! i),..' - S' µ Q7,:: Y : : Acv'lals ly PEI-TX k ti* t *,,,,„ .4.-7-17 . ,1 v a '4`.' � sanding Fomp»ncs a � .� �'ya, "�*s AT ▪a▪.� �'x k�� ? CoWer County t;.. +'`~ '' a-as � g'�' .tea�3�„ ` `�� s' ,,A0--. ,,,, 34.;-`"-''A Y t ` j ' ' e ' 44 3 ffim r • t' $ ` �x Folio Number 40743600002 { t:e, G xn `m`- ,, ' .- a- -a�° Name:NODARSE,EDUARDO 6=& t" t " ° cis m x • p rr.. P ANNETTE 4.,..,,, ,, . c. .4;0 �„w t-,11".,<-.;-; `� .,, Street#8 Name:4184 6TH AVE NE ii z, r �- s d .,, t Legal Description:GOLDEN GATE i :. -�a" "i 5 4,.r a .,,,','� 0 EST UNIT 78 E 550FT OF TR 49 OR 1 , =xe m r r g N $+x $ 1992 PG 1659-1663 ,,,,,Atr.- 124,teriL� 4�,-,i ` .0"nt''. 4 � '* y rya .re .,y.;� -.Ga@trr olfea14xay�an 6,aF4fa 4•¢rs+`#L. =, da'_ * - . "`_ - � a � ., _.•....,:.;',�, ®2004.Collier County Properly Appraiser.While the Collier County Properly Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://maps.eollierappraiser.com/webmap/mapprint.aspx?title=?006&ori ent=LANDSCAPE... 8/1/200 8 2007 i' q ire .. Y .t- -141.: -^,,.:4.....J.41 (Ti _� b NtlX,N ,r� z, c'�2?: _ ,. ter '. -f __..' s G { =---r .,-"' hF'I� - x r e +fi t .• _ ° h<r� a:, - , - rr .,,r ` -.. Street tilt* �� wy �^ � Parneis ax `' tf �,. a+.. . °. Su64fvlsions �' tir x+- 0-Pt `3�� *. Y Aerials 204'7 j6 Ind'ilrbsn�WE w 7 ..jj?��?�� ��+ ' � keriata ZOG7'j2 t=�T'� �i 3 c._ ,�m« r'7 :�i' r,' `n ,�` ; �q� E s Building Poniprint:s *74 :a -t- y% -,ar, 1. 'e: - w" '.y ? Cntuer Courriy 4.R 4 ' ,tea `s h a e..--,,,,,,....„„,„:, _„:„,„..,,„,-, c� az Folio Number.40743600002 # 6 ' ys� ' 659-16 tt1IIr '°.r ' '�"_ ' s :?�z - �., :.7. ' ;, -.. , Legal Description:GOLDEN GAT E � � yt x EST UNIT 78 E 150FT OF TR 49 OR s $ � " *r,,,,*4,,`:.„-• s 3 a t 1992 PG 1659-1663 d � `' �; s 2 � 1->` '' �..: wry ,q 3S.' .y. 4 ,m ^ri3- y h. rd .ru Y; 3_ ^ .era,. arer>tY�P .vA,. ,.. �,:.F T G -, G .t +' ,' {` "'i: O 20D4.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=2007&orient=LANDSCAPE... 8/1/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Eduardo and Annette Nordarse Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code Section(s) 3.05.01(B)Vegetation Removal, Protection, and Preservation Susan O'Farrell, Code Enforcement Official Department Case No.2007020522 DESCRIPTION OF VIOLATION: Property has been mechanically cleared in excess of 1 acre without required Collier County permits RECOMMENDATION: 1. That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case within 30 days of this hearing in the amount of: $ And abate all violations by: 2. Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by respondent. Reports will be due at one year intervals. This mitigation plan must be submitted within days of this hearing or a daily fine of$ will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within days of acceptance of mitigation plan or a daily fine of$ will be imposed for each day until plant material is installed. 3. 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. 4. The respondent must notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007020522 vs. EDUARDO AND ANNETTE NODARSE, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 20,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Eduardo and Annette Nodarse are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4184 6th Avenue,N.E.,Naples,FL,Folio 40743600002,more particularly described as The East 150 feet of Tract 49,GOLDEN GATE ESTATES,Unit No.78,according to the plat thereof as recorded in Plat Book 5,page 16 o f the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.1(B)in the following particulars: Property has been mechanically cleared in excess of 1 acre without required 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 Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)be corrected in the following manner: 1. The Respondents are ordered to install ten 8'— 10' slash pines and 30-3 gallon saw Palmettos within 210 days(June 20,2009). The Respondents are required to establish a monitoring program(10.02.06 E.3.e.i)that would determine the 80%survivability of species of the plants used in the mitigation effort over a two-year period with replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by Respondent. Reports will be due at one year intervals. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 20,2009, then there will be a fine of$50 per day for each day until the violation is abated. 3. 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. 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$86.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ate-ay of lv Oj V',,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA q , BY.,41,i.%., erald Lefebvr- ' air f 2800 North H. seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.)day of�O'J . , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. 11 ,;¢;'^,,.,,, KRISTINE HOLTON NOTARY PUBLIC `�,. MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 dt,,$f�y` Bonded Thru Notary Public Undermnter_rss CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been seq by U. S.Mail to Eduardo B.and Annette Nodarse,4184 6th Ave.N.E.,Naples,Fl 34120 this 4 2 3 day of NJ()•J • ,2008. e sweat FLORIDA M. ean c/wson,Esq. '.ounty of COLDER "°," Florida Bar No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY TftR'�thit'ta 8 WOO. 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 lorrect cony or a,tiocuM ?fl ate In (239)263-8206 3oard Minutes 3n9 I;•'=cros Cat CotIer County MESS mv -no c+ ci c ficial a t s nay of - DWIGHT E. BROGK,CLERK Ok COURTS OP..11LLAAG-tiediesPhe &C. voilli•mlillr OA COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Maricela Nunez, Respondent(s) DEPT No. 2007080129 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: 2007080129 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NUNEZ, MARICELA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Separated guest house constructed without first obtaining proper Collier County permits and being utilized a living/sleeping area. LOCATION OF VIOLATION: 1401 Orange ST Immokalee, FL 34142 SERVED: NUNEZ, MARICELA, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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[ogles.Servicios the traduccion no reran disponibles en la audiencia y usted sera responsible de proveer su propio traductor,para un mejor entendimiento con as comumcactones de este events.Por favor traiga su propio traductor. AvAtisman-Tout odisyon yo Mt an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avlk yon intepret pou pale you-ou. 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO. vs. DEPT CASE NO.2007080129 Maricela Nuez.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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): 04-41 as amended,The Collier County Land Development Code Sec(s). 10.02.06.(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(e)(i) 2. Description of Violation: A separated guest house constructed without first obtaining proper Collier County permits and being utilized a living/sleeping area. 3. Location/address where violation exists: 1401 Orange St,Immoakee,FL 34142 4. Name and address of owner/person in charge of violation location: Maricela Nunez; 1401 Orange St,Immokalee,FL 34142 5. Date violation first observed: July 10,2007 6. Date owner/person in charge given Notice of Violation:August 13,2007 7. Date on/by which violation to be corrected:August 27,2007 8. Date of re-inspection: October 21,2008 - 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 21st day of October,2008 ..:than Musse .. Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swe J1. • a`• •ed .11. subsc .e. bef' - this 21St day of October ,2008 by ir.I ature of Notary Public) (Prin t@ i.r: r1:Rtnissioned l/ NOT DD7 y j Personally known) or p oduced identification Co� issioD C 07 2011 OTARY PUBLIC-STATE OF FLORIDA c••,',y5!a - fires: INc Type of identification produce,,,., R,,„ Linda C. Wolfe vv cBOrm c co., „, Commission#DD739150 B°141)53 gL nn nNo Expires: LEC.07,2011 BONDED THRTI ATLANTIC BONZ,NC CO.,INC. REV 3-3-05 Case Number 2007080129 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION Date: Investigator: Jonathan Musse Phone: 239-403-2411 Respondent Maricela Nunez $' i3' Zoning Dist VR Sec 32 Twp 46 Rng 29 Mailing: 1401 Orange St Legal: Subdivision 30682040005 Block 3 Lot 1 Immokalee,FL 34142-2102 Location: Same As Above Folio 30682040005 OR Book 2140 Page 1428 Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation(s) of the following Violation(continued): codes exist: Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any other work which disturbs the existing structure and/or compaction of soil in of a building or structure,or to erect,install,enlarge,alter,repair,remove, any right-of-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(0)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work ®10.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project. structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is 010.02.0603)(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced • prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other Observed an unpermited structure being utilized a living area. applicable county regulations. IMMEDIATELY CEASE UTILIZING UNPERMITED E10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of STRUCTURE AS LIVING AREA 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). Order to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II Must be in compliance with all Collier County Codes and Ordinances. y Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress,or which constitute a fire hazard,or are otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final ( t�� building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: - t 5+ Or)r o Or? certification of a one or two family dwelling unit on the same property. the — fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an I) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.1.35 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree ` prosecution., / removal, well construction, approved site development plan, filling, re- ' 1 13/0 h /'7 vegetation,etc.)shall have been issued prior to the commencement of work at ((( t Re pS orsdent's Signature Da e tJ the site. Activities prohibited prior to permit issuance shall include,but are c�� • not limited to, excavation pile driving (excluding test piling), well drilling, ` X,( formwork,placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat,etc. Inv gato's Signature Date Section 106.1.2 Certificate of Occupancy. "—..\ 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 5/30/07 34604 • 0,1 s ORDINANCE NO.04-41 ¢�q ,t t� x ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER ��' 'caw" #"COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC._, • 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.01*i- APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE ANDty:.• '�_ INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC.1.07.00;F:-, LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2-ZONING DISTRICTS AND USES, INCLUDING SEC.r=;•; 2.01.00 GENERALLY,SEC.2.02.00 ESTABLISHMENT OF ZONING'- s-. s ` DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 ocn F•-?PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN 4: cs ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. °,-'-. •-' 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 STANDA • RDS,PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER • SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7- RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC.8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 4- �-. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or lana alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i• Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i• In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 015030 OR: 2140 PG: 1428 I I an= 1k0M of COLLAR COM, !L 1111 /If at 11:51* WIQR't 1. 11001, tLar It111.ii !le 11.S1 THIS INSTRUMENT PREPARED BY: 00c-,71 ttl.et Thomas K. Boardman M • BOARDMAN & SPILLER, P.A. • ilILLII I? IL P.O. Drawer 5250 ! 0 WIl SISI Irrunokalee, FE, 33934 I i !L 33134 PREPARATION OF INSTRUMENT ONLY Parcel I.D. No.: 30682040005 sazs SP CI TOIL l COILOZILa D12 WARRANTY DEED THIS INDENTURE, made •• of January, 1996, between JOSEPH N. PEREZ, a single man, Grantor I •,�' • 6': el .y Drive, Dalton, Georgia 30721, to MARICELA NUNEZ, Grant,- • mailing : •• 1 `00 18th-Street North, Irnmokalee, Florida 33934. WITNESSETH, that Granoo ••• in consi• : 7in of the sum of TEN AND NO/100 AND OTHER V • +' : C : • ' t,VV", to r in hand paid by the Grantee, the recei t,; 'jam whereof y • • g , : barge and sold to the Grantee, his/her heirs and : )14r t. '•-i land,situate,and being in the County of Collier, State a " •` .da, to-wit: • Lots l and 2, Block • Park, a subdivisi• • •>0 in Immokalec, Collier County, Florida, acco • •°ito • map or • : iske ,••f recorded in Plat Book 4, Page 70, in the Public ' - : gigio I. • 'i4 , Florida. This conveyance is subject to easements, restrictions, reservations, and other limitations of record. TO HAVE AND TO HOLD in fee simple forever. And the Grantor does hereby fully warrant the title to said land and,except as above,will defend the same against the lawful claims of all persons whomsoever. • CAKAACEEDAPERMIUN 7 *** OR: 2140 PG: 1429 tits IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first above written. Signed and dde Bred in the presence of: (Print) ew•J . «e•►• O H N. PEREZ (Sign). ..{ .li, � �l_l ' (Print) LINDA AVALOS STATE OF FLORIDA } COUNTY OF COLLIER } .8), C 0 ti The foregoing instrume • owledg-• :' p this , of January, 1996, by Joseph N. Perez, who is 4 •- .lly known to me or ,0 p ••uced Florida Driver's License No._ as 'to, ""..\ 'IV' • 0 I, (C—C . 1, l f N• .� . ;LI t : • LINDA AVALOS „y1• ':., o.: Co ,'„O. Expires: � ' * awir MUM um. LINK MUM " =ma Or fla 11aL 7.12110 Aw .. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. 2007080129 Maricela Nunez, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Maricela Nunez, on behalf of herself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007080129 dated the 13th day of August, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 20, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1)_._-.-.The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Constructed a separated guesthouse on property without first obtaining property Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$$86.71 incurred in the prosecution of this case. 2) Abate all violations by: 1.Obtaining a Collier County building permit, inspections, and certificate of completion with 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within 120 days of this hearing or a fine of$200.00 per day will be imposed until violation is abated. 3) If the'respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order at the owner's expense. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 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COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200708129 Board of County Commissioners, Collier County, Florida vs. Maricela Nunez Violation of Section(s) Violation Ordinance 2004-41 as amended, The Collier County Land Development Code, Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. 2007080129 DESCRIPTION OF VIOLATION: Separated guest house constructed without first obtaining proper Collier County permits.. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case and abate all violations by: 1. Obtaining a Collier County building permit, inspections, and certificate of completion within days of this hearing or a fine of$ per day will be imposed until violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within days of this hearing or a fine of$ per day will be imposed until violation is abated. 2. 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. 3. The respondent must notify the Code Enforcement Investigator within 24 hours of abatement in order to conduct a final inspection to confirm abatement. REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mencia's Restaurant Inc., Respondent(s) Juan Acevedo (Registered Agent), DEPT No. CESD20080014639 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-19 Deed 20-21 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20080014639 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MENCIA'S RESTAURANT INC, Respondent(s) Juan Acevedo, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION:209 Main ST Immokalee, FL SERVED: MENCIA'S RESTAURANT INC, Respondent Kitchell Snow, 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 at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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. AvBtisman—Tout odisyon yo felt an angle.Nou pan gin moun pou fel tradiksyon.Si ou pa pale angle tanpri vini avdk yon intdprelt pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY �-. BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080014639 MENCIA'S RESTAURANT 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. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations,Article II,Florida Building Code,as amended,section(s)22- 26[b][104.1.3.5], [106.1.2],Florida Building Code 2004 Edition,Chapter 1 Permits,section(s) [105.1],and 04-41,Collier County Land Development Code,as amended, Sec(s) 10.02.06[B][1][e],and 10.02.06[B][1][e][i]. 2. Description of Violation:Removal of sections of a firewall without permits.A DJ booth constructed on the interior of the structure without permits.A gas stove with a hood and a cooler installed without permits.Electrical work throughout building completed without permits. 3. Location/address where violation exists:205-209 West Main Street,Immokalee Fl,34142(folio # 25580600002) 4. Name and address of owner/person in charge of violation location: Mencia's Restaurant Inc, Juan Acevedo,PO Box 1648,Immokalee Fl, 34142 As Registered Agent,Menicia R Acevedo,710 Oak Street,Fairlawn NJ, 07410,Juan Acevedo,205 West Main Street,Immokalee Fl 34142. 5. Date violation first observed: September 19th,2008. 6. Date owner/person in charge given Notice of Violation: October 7th,2008. 7. Date on/by which violation to be corrected: October 26th,2008. 8. Date of re-inspection: October 29th,2008. 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 '•.e have failed as aforesaid; and that the violation should be referred the Collier County Code Enforcement Board for a . a hearing. Dated this bay of "C,' ,2008 Kitc'- n.w Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 2ki Sworn to(or affirmed)and subscribed before this day of Oa- , 2008 by Kitchell T. Snow (�gn/ e of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced 0m iARY PUBLIC-STATE OFFLORIDA Jennifer E. Waln }t €Commission#D823767 REV 3-3-05 'e ices: SEP.17 2011 Ronk.Mu/Antilfno BQNPNa ea,INc 2- COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080014639 Board of County Commissioners, Collier County, Florida vs. Mencia's Restaurant Inc Violation of Section(s)22-26(b) 106.1.2, 104.1.3.5, ,Chapter 22 Buildings and Building Regulations,Article II, Florida Building Code as amended, Florida Building Code 2004 Edition, Chapter 1 and section(s) 105.1,and 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) of The Land Development Code, 04-41, as amended —�._�_____..__ __.-__..._._ ---.-Kitchell T. SNOW, Code Enforcement Official Department Case NO. CESD20080014639 DESCRIPTION OF VIOLATION: Removal of sections of a firewall completed without permits. A DJ Booth constructed on the interior of the structure done without permits. A gas stove with a hood and a large cooler installed without permits. Electrical work throughout building completed without permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this-case-in--the-amount-of-S—qa within 30 days of the date of this hearing and abate all violations by: 1. Cease any use or occupancy on property until all permits have been Obtained with - all inspections through certificate of completion issued. Any use or occupancy not associated with permitting and inspections shall result in a$1000.00 a day fine. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 Case Number: CESD20080014639 Date:September 26,2008 Investigator: Kitchell Snow Phone:252-2493 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MENCIA'S RESTAURANT INC JUAN ACEVEDO (AS REGISTERED AGENT) PO BOX 1648 IMMOKALEE, FL 341431648 MENCIA R ACEVEDO(PRESIDENT) 710 OAK STREET FAIRLAWN NJ 07410 JUAN ACEVEDO 205 WEST MAIN STREET IMMOKALEE FL 34142 Location: 209/205 Main ST Immokalee, FL Unincorporated Collier County Zoning Dist:COMMERCIAL Property Legal Description:26 47 27 W112 OF SE1l4 OF SW 114 OF SE1/4, CARSONS BLK 2 LOT 1 N1/2, LESS RNV OR 1277 PG 1143 Folio:25580600002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation (s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(106.1.2) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 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) A building permit(or other written site specific work authorization such as for excavation,tree removal,well construction, approved site development plan,filling, re-vegetation, etc.)shall have been issued prior to the commencement of work at the site.Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving(excluding test piling),well drilling, formwork, placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat.Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code.: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s)and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: ^ Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, 3 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: 9/19/08 1). Did witness front section of building destroyed by vehicle must obtain permits for new door or windows or wall structure to be reinstalled to damage part of structure .2)Vehicle also pushed/damaged stove bar ect away from power and gas connections. Can find no evidence of permits for natural gas and stove installiation 3) Larger cooler installed at the inside rear of the property w/o permits.4)Suites have been joined by removal of sections of firewall with openings and door added.5) DJ booth added (built) in rear of structure without proper permits.6)All type of electrical additions to structure without proper permits.All these violations are contray to the Land Development Code and The Florida Building Code and must be brought into compliance with current Code. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements:AND/ OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND/ OR Must demolish described improvements/structure and remove from property. 3. 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. 4. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from prope ON OR BEFORE: 10/26/2008 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 I 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 liragliWAR 2800 North Horseshoe Dr, Naples, FL 34104 vestig �T�ig a Phone:239 252-2440 FAX: 239 252-2343 K1 • - 'now Signature and Title of Recipient Printed Name of Recipient Date 4 SENDER: COMPLETE THIS SECTION COMPLETE THIS FEC,,OE')VDELIVERY • Complete items 1,2,and 3.Also complete A Sig• - Item 4 if Restricted Delivery-is desired. X / / D Agent • Print your name and address on the reverse wirer:ir ❑Add • so that we can return the card to you. B. - C. ►: :of• • Attach this card to the back of the mailpiece, or on the front If space permits. W 1. Article Addressed to: D. Is delivery . different iron,item 1 ❑ -- M YES,enter delivery address below: ❑No CASE#CESD20080014639 MENCIA'S RESTAURANT INC JUAN ACEVEDO/REGISTERED AGENT 3, serviceiype PO BOX 1648 certified Mail p Express Mail IMMOKALEE FL 34143-1648 ❑Registered ❑Return Receipt for ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7006 3450 0002 4977 7733 No U. 2c-078c • PS Form 3811,February 2004 Domestic Return Receipt 102595-024- • SENDER: COMPLETE THIS SECTION c'Or.7FLETE THIS SECTION ON DELIVERY ''**Complete(terns 1,-2;•an :.AIs9D complete r A. , --item 4 if ResMcted Delivery is desired. • d address on the reverse • Print your name�lrt • C.bete;item so that we can return the card toyou. 9. -_.: :.py ■ Attach this sand to the back of the mai�iece, /%L =Z b ..or on the front if space permits. M • Yes D.Is delivery address different from Item 1? 1. Article Addressed to: It YES,enter delivery address below: 0 No it CASE #GESD20080014E - - MENCIA R ACEVEDO, PRESENT 710 OAK ST Certified Mau 0 Express Melt FAIRLAWN NJ 07410 o Registered 0 Return Receipt for = . _ .. . 0 Insured Mali 0 C.O.D. 4. Restricted Delivery?(Extra Fee) Cl.tles 7006 3450 0002 4971 7740 • 1\10V V,5CA3 a401 41 PS Foim 3811,,Febnisr 2004 , ,,;pomestic Return Receipt 10e5e6424A-1. • • • Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC")hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection"which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or r-� otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations,repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance,"which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical,plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and all other applicable systems. Section 102, is a "Reserved"section entitled "Building Department,"which will include a new Section 102.1., entitled "Restrictions on Employees,"which will read as follows: 102.1. An employee connected with the enforcement of this Code, except one whose only connection is as a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material or appliances for the { construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. No such employee shall engage in any other work that is inconsistent with his duties or is in conflict with the interests of the department. Section 102 will also include a new Section 102.2, entitled "Records,"which will read as follows: 102.2. The Building Official shall keep, or cause to be kept, a record of the business of the department. Except as may be otherwise specified by Florida Statutes, including the Public Records Law, all records of the department shall be open to public inspection. Section 102 will also include a new Section 102.3, entitled "Liability,"which will read as follows: 102.3. No County employee nor any member of the Board of Adjustments and Appeals, charged with the enforcement of this Code or any technical Code, acting for the applicable governing authority in the discharge of such duties, shall thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. Any suit brought against any employee or member because of such act performed by him in the enforcement of any provision of this Code or any of the technical Code, shall be defended by the County Attorney until the final termination of the proceedings. Section 102 will also include a new Section 102.4, entitled "Reports,"which will read as follows: 102.4. The Building Official shall submit annually a report covering the work of the preceding year. He may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. Section 103.8, is a new section (with numbered sections) entitled "Right of Entry,"which will read as follows: 103.8. Whenever necessary to make an inspection to enforce any of the provisions of this Code or the technical Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure,premises, electrical, gas, mechanical, plumbing or fire systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that, if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused,the Building Official shall have recourse to every means provided by law to secure entry. 103.8.1. When the Building Official shall have first obtained a proper inspection warrant or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. Section 103.9, entitled "Stop work orders"is a new section which will read as follows: P) 103.9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits,"is a new section (with numbered sections 103.10.1. and 103.10.2) which will read as follows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical,plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 103.11, entitled "Safety,"is a new section (with numbered subsections 103.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty(30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance, "is a new section which will read as follows:a04F1 35s `A1luilding permit(or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior`o the commencement of work at the site. q r-� Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork,placement of building materials, equipment or accessory structures and disturbance or removal of . protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance,permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project,prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event,the test piles are only allowed to remain exposed for a maximum of six (6)months. Section 104.2.1.2, entitled "Additional Requirements,"is a new section which will read as follows: 104.2.1.2 Additional Requirements: 1. Drawings to scale, minimum scale is 1/8". 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. 3. The first sheet of the Architectural Plans shall provide an information block with the following details: (a) Occupancy classification(s). If the building contains more than one (1) occupancy classification and/or tenant use areas, list each separately with the individual square footages. (b) Establish the required live load for the intended use of each floor and/or mezzanine area. (c) Building area (sq. ft.) for each floor and mezzanine area. (d) Grade elevation of first floor + N.G.V.D. (e) Applicable Flood zone. (f) Elevation of first habitable floor + N.G.V.D. (g) Height of building in feet above grade. (h) Building height in stories. (i) Type of construction. (j) Designed for applicable wind load. (k) Parking summary for occupancy classification(s) consistent with the calculation and supporting documentation from the approved final site development plan. 4. The permit documents (drawings) shall be no larger than 24" x 36." 5. The Building Official may require details, computations, stress diagrams, panel schedules, and other data necessary to describe the construction or installation and the basis of calculations. 6. Pre-manufactured Building Components. (a) Building components designed by specialty engineers (i.e. roof trusses, floor trusses, precast floor slabs, etc.) are required to be submitted at time of permit application. Extra loading of the trusses, beams or girders with hot water heaters, air handlers, compressors to or other loads not specifically considered in the specialty design will not be allowed without engineered sealed drawings acknowledging such extra loads. (b) The specialty engineer shall acknowledge that additional loading has been considered in the design and the type of roof covering shall be designated on the truss plans. (c) There will be no jobsite modifications of product allowed without an approved design by the specialty engineer. (d) During the design process of roof trusses, floor trusses, or precast floor slabs, consideration must be given to the possibility that point loading (i.e. girders and columns) may dictate redesign of bearing footing. This shall be coordinated by the design professional. (e) The design professional shall make a statement on his plan that he has considered and coordinated the truss layout plans, anchor details, uplift loads and reaction loads into his architectural plans by naming the truss manufacturer, their job number, and the date of the truss manufacturers plans on his architectural plans. (f) Provide the truss layout plans and details by the truss manufacturer to include the profiles for all special trusses that have reaction loads over 5000# and uplift loads over 1000#. These special reaction and uplift connections shall be keyed into a schedule that coordinates with the truss layout plan by a highlighted indication on the truss layout plan for quick reference. The truss manufacturer or the design professional shall provide the recommended anchor for each special connection in the required schedule. The engineered cut sheets for all trusses shall be available at the job site prior to the required inspection. (g) Provide an anchor bolt plan, fastener schedule and shop drawings as furnished by the steel building manufacturer. (h) Product approval is not required; however, all exterior doors, windows, skylights, vents, etc. shall be approved at the final inspection with either a certification sticker, by an approved testing laboratory and applied to the product by the manufacturer, or a signed and sealed document by the design professional indicating that the item is able to withstand the applicable windloading requirements as set forth on the maps adopted pursuant to § 1606.1.6, of the 2001 edition of the FBC, for the exact location of windspeed lines. (i) Engineered drawings shall be submitted with a signature and raised seal for all miscellaneous structures such as awnings, shutters, screen enclosures, swimming pools, spas and seawalls. Note: Job specific engineering is not required for aluminum structures that meet the specifications of approved master plan design manuals. These manuals shall be signed and sealed by a Florida state registered engineer and be provided to the building department. The master plan service provider shall periodically update their approved client list. Only approved clients of the service are allowed to reference the master plan design manual. (j) All signs and electric light standards shall meet structural and other standards regarding sign and light pole construction, erection, electrical wiring, etc. set forth in the building code. Plans for any pole or ground sign exceeding 32 square feet in area and/or eight (8) feet in height or light pole exceeding 8 ft. in height shall be accompanied by It foundation drawings signed and sealed by a licensed architect or engineer or the manufacturers recommendations as published by their representative engineer. (k) The Florida State certified architect or engineer of record shall sign and seal all submitted documents that were prepared under his/her license for the structural and functional components of the structure. The architect or engineer of record shall also indicate their company name,his/her legal name and State of Florida license number, address and phone number in the title block. 7. A Lot Drainage Plan shall be submitted by the permitted at time of approved Lot Drainage Plan at time of Certificate of Occupancy Inspection. Ground elevations shall be gradually sloped away from the building to effectively drain water away and to be managed on site through roof guttering or earth grading. No significant stormwater runoff is permitted to flow from the subject premises,onto abutting properties. 8. Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by an architect or engineer, when conflict exist between the FIRM elevation and others, the higher elevation shall be required; (a) FIRM elevation--The elevation that has been established by the Flood Insurance Rate Maps (FIRM). (b) Paved Road--A minimum of 18 inches above the crown of the nearest street or interior roadway system if finished with paving; or (c) Graded or Unfinished Road--24 inches above the crown if graded or otherwise unfinished; or (d) Mean Sea Level--Seven(7) feet above Mean Sea Level (MSL) based on the 1929 National Geodetic Vertical Datum (NGVD); or (e) Water Management Design. (1) Buildings within projects which have water management routing and storage facilities designed and built for a 25-year, three (3) day storm event in accordance with South Florida Water Management District's criteria may use a finish floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. (2) Buildings which are not within projects having a water management storage facility designed and built for a 25-year,three (3) day storm event in accordance with South Florida Water Management District's criteria shall use a finish floor elevation of 18 inches above the adjacent roadway crown elevation or the FIRM elevation, whichever is higher. 9. On parcels where unusual topographic conditions exist and the above standard conditions cannot be reasonably applied, the Building Official will consider requests to decrease the finish-floor elevation. All requests will require an analysis by a Florida registered professional engineer of the 25-year, three (3) day storm event and the 100 year, three (3) day storm event, using zero discharge for the entire drainage basin in which the proposed structure is located. Reductions may be allowed on the basis of the analysis, but in no case shall the finish floor be less than the FIRM. Note: Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. 10. Building permits that require a foundation inspection or floor elevation inspection shall submit a current survey with the permit application. 1 7 11. For fire damage issues, a professional review and written report shall be submitted concerning the components to be salvaged and all structural systems shall be certified by an architect or engineer. These documents will be required before issuing a permit for reconstruction of a fire-damaged structure. Section 104.4.1.6, entitled "Licensed Contractor/Designated Agent,"is a new section which will read as follows: 104.4.1.6. All construction within the County's jurisdiction shall be performed through and supervised by a licensed general contractor. A licensed contractor shall sign the application but may designate an employee or permitting service to submit and/or receive a building permit. Such designation shall be by power of attorney, and a separate power of attorney shall be required for each specific project or permit request. The power of attorney shall remain in effect for a period of one (1) year and it is the contractor's responsibility to notify the Building Review and Permitting Department of any change in status of the designee. Section 104.1.7, entitled "Unlicensed contractor,"is a new section which will read as follows: 104.1.7. A permit may be issued by the Building Review and Permitting Department to an unlicensed builder to build or improve a one-family or two-family residence or a farm outbuilding which is for their own use or occupancy and which remains under the same ownership and occupancy for a period of at least two (2) calendar years from the date Certificate of Occupancy is issued. During such two (2) year period, no additional permits, other than accessory, will be issued to this individual. All owners constructing their own residence shall carry public liability insurance equal to that as required for general contractors, and shall file a Certificate of Insurance with the Building Services Division. The Building Review and Permitting Department may also issue a permit to an unlicensed builder to build or improve their own commercial building provided the costs does not exceed $25,000.00 and the building is for their own use and occupancy and not for sale or lease. Section 104.1.7.1., is a new section which will read as follows: 104.1.7.1. A building permit issued to a licensed contractor by the Building Review and Permitting Department may be transferred to the subject property owner as an unlicensed contractor to complete construction of a single-family residence consistent with the terms and conditions specified in Section 104.1.7. Prior to the actual transfer of the building permit from the licensed contractor to the unlicensed contractor either of the following must occur: (i) The licensed contractor shall execute and submit to the Building Review and Permitting Department a sworn affidavit consenting to the full and complete release and transfer of the building permit from the contractor's control to the unlicensed contractor to complete construction of the single-family residence; or (ii) In the event the licensed contractor will not execute the aforementioned affidavit of release and transfer, the unlicensed contractor shall enter into an agreement with the County addressing the following to the satisfaction of the Building Official: (a) That the unlicensed contractor has requested that the licensed contractor provide an affidavit of release and transfer, and that the licensed contractor has refused; �3 (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction of a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department,;the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses,penalties, damages, and professional fees, including attorney fees and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board,the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally,the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section,the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension,the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent(10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced within one hundred and eighty (180) days from the �`' date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6)month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6)month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing,that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension of the project, the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt of the Building Official's decision,the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Council or a duly authorized Board may reverse the decision of the Building Official. Section 104.5.4, entitled "Waste Materials Management,"is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse,paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of Section 104.5.5, entitled "Dust Control,"is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. Section 104.5.6, entitled "Noise Control,"is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. IS No work is permitted on Sundays and the following holidays:New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled "Work Commencing before Permit Issuance,"has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit,he shall be subject to a penalty of quadruple (four times)the permit fees. Section 104.6.4, entitled "Schedule of permit fees,"has been deleted in its entirety and replaced with the following: 104.6.4. The Board of County Commissioners shall establish, by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this Code and related Ordinances. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Code. These fees may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical,plumbing, mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements,"is a new section which will read as follows: 104.6.5. The general contractor of record for the building shell permit will be allowed to apply for a permit for tenant improvements before the shell has been given a Certificate of Occupancy. Only the general contractor of the building shell will be able to obtain a permit for a tenant improvement prior to the shell being given a Certificate of Occupancy. Each tenant space (i.e., unit, suite, etc.) that is not finished under the original building contract will require its own permit for improvements. Revisions to the original scope of work will not be considered for complete tenant improvements after the original permit is issued.No tenant spaces will receive a Certificate of Occupancy until after the shell has been given a Certificate of Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Building(4)-Partial building inspections,"is a new section which will read as follows: 105.4.1. Partial inspections for structural,plumbing, mechanical, and electrical will be made as requested, providing the request meets one or more of the following guidelines; (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start of insulation on large commercial jobs. (e) Underground electric, sewer or water piping where cave in is of concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating of ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal of the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections-As-Built survey,"to read as follows: 105.6.1. It is the duty of the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors,"is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection,then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 1002lssuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner(or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy,"is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official,two or more sets of detailed plans or a general inspection, or both, may be required. When,upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord.No. 02-01, § 1, 1-8-02) l5 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Build2004_FL/3/8?f=templa... 3/13/2008 Ca 3351862 OR: 3510 PG: 3459 RECORDED in OFFICIAL RECORDS of COLLIER COORT, FL 03/02/2004 at 08:58AK DYIGBT I. BROCK, CLIRB COPS 350000.00 ---`, THIS INSTRUMENT PREPARED BY: REC FBI 10.50 Thomas K.Boardman DOC-.70 2450.00 BOARDMAN&SPILLER,P.A. Retn: 1400 North 15th Street,Suite 201 BOARD/II & SFILLER Immokalee,Florida 34142 1400 Y 15TH ST X201 IKKOKALIE FL 34142 Parcel I.D.No.: 25580600002 --... --4,-4-.,,,,,,,,,,,,,.,...,, WARRANTY DEED {vf eg 4r M f v.z nry :- s THIS INDENTURE, made this I et "day of February, 2004, between E.D.L., INC., a Florida corporation,Grantor,whose maili• . . ,tires • 205 West Main Street,Immokalee,Florida 34142, to MENCIA'S RESTA •• :., e►' .Q64311., Corporation, Grantee, whose mailing address is Post Office Box 4172 . ' • ywood, • - v 083. WITNESSETH, that ,I .".or o , .. •1 ,. side . ion .f the sum of TEN DOLLARS AND NO/100 AND OTHER •U D AND :, • . • :LE ONS►n E' • TIONS,to them in hand paid by the Grantee,the receipt he <. 3 - f� . .. a, . e ted,bargained,and sold to �` the Grantee,their hens and: si r:jy.,;,,.for. - , b 1 t:''"" . - ed land,situate,and being in the County of Collier, State of ,l' } ." = .- South '/2 of Lot 1 and .3 Lot 2,Block 2, :lam ision,according to the plat thereof recor,tik 'lat Book 2,Page • • ' .11c Records of Collier•County,Florida, less righ • x . •r State : _ • •ff the North side. II-E C.I. -G This conveyance is subject to easemen‘,, "- • ctions,and reservations and any other limitations of record,as well as to taxes for the current year and future years. TO HAVE AND TO HOLD in fee simple forever. And the Grantor does hereby fully warrant the title to said land and, except as above, will defend the same against the lawful claims of all persons whomsoever. *** OR: 3510 PG: 3460 *** '-.•• IN WITNESS WHEREOF,the Grantor has hereunto set his/her hands the day and year first above written. Signed and delivered in the presence of: • ,P , / E.D.L., ., (Si?•' . ,: .. • 7k , a / a Florida co ratio 1, . (Print) Owl K •OQ -I,„,iv . / B ' `� � (Sign)'•• . • 01 . P 1 i L P i ELIZONDO,Presia ent - (Print) _ e i ' v /' *I . STATE OF FLORIDA } COUNTY OF COLLIER ) The foregoing instrument w. t,c Iv: ' -:,1t, 4 $.- me this 1 q of F ruary, 2004, by LUIS ELIZONDO,President o t, ..44-INC.,. a Flo ,# • .I ration, who is ersonally known to me or who Oproduced Flori, . ! refs cense No. ... ;,-nti Ic: 'e r �-o o �fit '+ Ailt±i "410 - a✓�.', �1SAM.P: ! ! 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''.,''-..,,,-..-.".'.-,_..,.:.._-...`::.„. ',.......:.'.,.,-„--r. ,:; ,,.',: ..',:':: . . It4i;11;itlgaiAiDiti,..:,li'i••i'.=-:. • - --. I f ,.: . . - : .... , ,...„. .,.. .. .. , . .. , ,.. .,,,„..., -::4146''''t)-?'.-,,,t-.,n-.. ' --'..''.1..4„,'...4 •:"':''s*4'--,'....1-6." ' ' '":'''..1...'!;'.01' '.--'3‘.,°:' ‘'r"1 4--.''- -'''''''' '.5,,,,''''-'4''' '' ,r.l.'-'.'.,-'4--$:-`;', ,k tt'.iF,tk,.4::::: ."';''''',-<4'' ilt.4V., .=.:-",w .:,-'. ,,, ,' . :',',-.1,,...''''.:::'.7..-'-',,,,•''=-I'Vb. .' ' 'i'-,''':''''''. ''''''''..'. - «"'.'' "- '' ' :4 '. ''.."''-',1.**'-''7‘'c.,',.'. -''''-' ,""i...4'7,°- '• ' ''' 1;: '' , , - "Il'il.:!'.4f 4 f:-i:.....4'-'4'- ..:-r 4'--• '-.'''.,24,4k it' 1'4.V.'-,."-• -'=”''',.4''' ' ,r- ',,,,, , --,,,....„4,...k..T.!,: , ' - ^--t"*.--`.,-,..'. . •... , .. . . ,#..,1 -..--- '.'i=-." ''., ''":, ' '' ' •'-'.' :1••, ,-, ,, ,,,,,,, :,',..'::-, ..,..,‘:.---,f... . . .. . ' '-. ' ' " ;• .. •,,- ;''''''' .-t;"'if-._ ,-!-.' ..„:1,'.„,0-'..:'..--:. ... ,-:. •. -'..‘' i. • ' - , . , *- . , _ . --.4...-.2.3..%.4...„, -:..,-----..A!,c-,:.- , ' -.: • -, ' - _--,,-;-,-,.'--„. . : , , • . ..... .-. . - :',':',' 1 . .... . • ... . . . ,. • - — — -- _......„ _ ..__ _ ,.....____...........,__........_,... ------------- J F y'J,sk .. 4 ' 111/11W''' )110 a c ,:fir: . ' , • ft -4:,,--:''''.',,' :,I;',:;...,,-,,:i •. i' '-.'''iii:;'::::, 6 t. 1.. ..7- , . Fa • . .J. .4 q^M •{ cfif • COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080014639 Board of County Commissioners, Collier County, Florida vs. Mencia's Restaurant Inc Violation of Section(s) 22-26(b) 106.1.2, 104.1.3.5, 105.1,Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code as amended, Florida Building Code 2004 Edition, Chapter 1 and section(s) 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) of The Land Development Code, 04-41, as amended Kitchell T. SNOW, Code Enforcement Official Department Case NO. CESD20080014639 DESCRIPTION OF VIOLATION: Removal of sections of a firewall completed without permits. A DJ Booth constructed on the interior of the structure done without permits. A gas stove with a hood and a large cooler installed without permits. Electrical work throughout building completed without permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Cease any use or occupancy on property until all permits have been obtained with all inspections through certificate of completion issued. Any use or occupancy not associated with permitting and inspections shall result in a$1000.00 a day fine. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CESD20080014639 vs. MENCIA'S RESTAURANT,INC. JUAN ACEVEDO(R.A.) Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 20,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Mencia's Restaurant,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 personal service,certified mail and by posting. 4. That the real property located at 205-209 West Main Street,Immokalee,FL 34142,Folio 25580600002, more particularly described as South'/ of Lot 1 and all of Lot 2,Block 2,Carsons Subdivision,according to the plat thereof recorded in Plat Book 2,Page 40,in the Public Records of Collier County,Florida,less right-of-way for State Road 29 off the North side is in violation of Collier County Code of Laws and Ordinances,Chapter 22, Article II,Florida Building Code,as amended,sections 22-26(b)(104.1.3.5)and(106.1.2),Florida Building Code 2004 Edition,Chapter 1 Permits,section 105.1,and Collier County Ordinance 04-41,the Land Development Code, as amended,sections I0.02.06B(1)(e)and 10.02.06B(1)(e)(i)in the following particulars: Removal of sections of a firewall without permits. A DJ booth constructed on the interior of the structure without permits. A gas stove with a hood and a cooler installed without permits. Electrical work throughout building completed without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances,Chapter 22,Article II,Florida Building Code,as amended,sections 22-26(b)(104.1.3.5)and(106.1.2),Florida Building Code 2004 Edition, Chapter 1 Permits,section 105.1,and Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06B(1)(e)and 10.02.06B(1)(e)(i)be corrected in the following manner: J 1. By ceasing any use or occupancy on property until all permits have been obtained with all inspections through certificate of completion issued. Any use or occupancy not associated with construction,permitting and inspections shall result in a$1,000 per day fine. 2. 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 the site inspection. 3. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$90.43 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 3 day of 1 i0. ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: •4<<<%- /. / . Gera d Lefebvre,C .it / - 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) - The foregoing instrument was acknowledged before me this day of )G v , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ...,, KRISTINEHOLTON NOTARY PUBLIC *i�!r'.''' ;., MY GpMMISSION#DD 686595 My commission expires: - EXPIRES:June 18,2011 Kt*undervinters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mencia's Restaurant, Inc. Juan Acevedo(R.A.)P.O. Box 1648,Immokalee,FL 34143,Mencia R.Acevedo,710 Oak Street,Fairlawn,N.J. 07410 and Juan Acevedo,205 West Main Street,Immokalee,FL 34142 this 96 ay of lib V ,2008. C1nssq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florik 34102 t ?!.1" i `: s, s ; TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Empire Developers Group, LLC. Breen Goodman&Gibbs, Registered Agent CEB No. CESD20080007919 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 n Executive Summary 2 Past Orders of the Board 3-10 Affidavit(s) 11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20080007919 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EMPIRE DEVELOPERS GROUP LLC, Respondent(s) GOODMAN BREEN & GIBBS R.A, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: - 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Dust Control22-26(104.5.5) LOCATION OF VIOLATION: Folio#00186000005 SERVED: EMPIRE DEVELOPERS GROUP LLC, 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 at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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 disponibl es 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 traducior, 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 CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080007919 Board of County Commissioners vs. Empire Developers Group, LLC., Respondent(s) Violation(s): Ordinance(s) 04-41, the Florida Building Code 2004 Edition, Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.04.A.1.a.vii(a-d). Location: Folio # 00186000005 Description: Adequate dust control measures shall be employed by the permiteee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures sufficient to order cessation of the work causing such dust and to decline inspection requests. Past Order(s): On September 25th, 2008, 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 4398 PG 3836, for more information. The Respondent has not complied with the CEB Orders as of September 25th, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4599.33. See below. Order Item# 1 and Order Item #2 Fines at a rate of$180.00 per day for the period between October 10th, 2008-November 3rd, 2008 (24 days) for the total of $4320.00. Fines continue to accrue. Order Item#4 Operational Costs of $88.43, have not been paid. 2- 4204998 OR: 4389 PG: 1138 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/28/2008 at 08:13AM DWIGHT B. BROCK, CLERK CODE ENFORCEMENT BOA REC FEE 18,50 COLLIER COUNTY,FLORID RD-. iIALURON INTERIM OPERATIONS COORDINATOR BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY CODE ENFORCEMEN COLLIER COUNTY,FLORIDA, CUES BUILDING Petitioner, CEB NO.CESD20080007919 vs. EMPIRE DEVELOPERS GROUP,LLC. Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22,2008,on the Respondent's Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, •-•. and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on September 25,2008. Respondent waives written notice. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2`J day of 0A1...,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLL ' " COUNTY, '`ORI led ://7 • _ .� state. 01 F LORIUA Gera d Lefebv Chair :ouoty of COLLIER 2800 North .rseshoe Dri Naples, Florida 34104 I HEREBY CERTIFY THAT this is a true an :orrect cony at,a;ppurnent on file in Board Minutes'GTiti.- res of Collier County MTN SS 'hana iln.-official seal this 02 ay of v (908 )WIG. y E. BROC:K CLERIcOFCOURTS *** OR: 4389 PG: 1139 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(-95 day of ,2008,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. ' KRISTINE HOLTON NOTARY PUBLIC :c ,. ;;: MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 ' RF,t 07 Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Empire Developers Group, LLC,Goodman Breen and Gibbs, R.A.,3838 Tamiami Trail N., Suite 300, Naples, FL 34103 this day of 2008. • A t --)6"---'14 M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 n 4 Retn: JEN WALDRON lili9166 UK; 4.396 eu: CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 52.50 2800 N HORSESHOE/DR CDES BLDG 10/06/2008 at 03:35FM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO CESD20080007919 EMPIRE DEVELOPERS GROUP, LLC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 25,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Empire Developers Group,LLC..is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Folio 00186000005,more particularly described as(see attached Legal)is in violation of the Florida Building Code 2004 Edition,Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.04.A.I.a.vii(a-d) in the following particulars: Adequate dust control measures shall be employed by the permitee to prevent complaints arising from unhealthy,unsafe or damaging conditions. Failure to utilize adequate dust control procedures sufficient to order cessation of the work causing such dust and to decline inspection requests. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Florida Building Code 2004 Edition,Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41,the Land Development Code, as amended, section 4.06.04.A.I.a.vii(a-d)be corrected in the following manner: 1. By hydro-seeing all disturbed land in Vita Tuscana within 14 days(October 9, 2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 9, 2008, then there will be a fine of$180 per day for each day until the violation is abated. S 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 the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$88.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this � day of Oc_f . ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID,` / f�, I erald Lefebvre, hair Ar 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) D The foregoing instrument was acknowledged before me this--) day day of ()E, rjHP-r , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. `t',,P���.� KRISTINE HOLTON NOTARY PUBLIC ah MY COMMISSION#DD 686595 EXPIRES:June 18,2011 My commission expires: it'rfOss Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE a' I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Empire co Developers Group,LLC,Goodman Breen and Gibbs, R.A.,3838 Tamiami Trail N., Suite 300,Naples, FL 34103 this 2•1\-)° day of -)(Jn\o or,2008. GTh co M.Jean 'Win, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board e0 Fifth Avenue S.,Ste. 300 .,tat2 co FLORIDA aples, Florida 34102 •;ounty of COLLIER (239)263-8206 HEREBY CERTIFY THAT this Is S true ands .orrect copy of a oocument'on,file in Board Minutes and Rtrc9ras of Collier ottralt fid5NESS rnv ri�n afficiat.si�at tt�s arc ?WIGHT E. BROGK, CLERK OF COURTS • 34biliJ ux: nil n: 1iDL RECORDED in OFFICIAL RECORDS of COLLIER CODIFY, FL 00/25/2004 at 08:I708 MGR? E. BROOK, CLERK Y COBS 6500000.00 RIC FIB 19.50 ' Preoared by and return to: DOC-.70 45500.00 Stanley J.Lieberfarb COPIES 2.00 Attorney at Law Roth: Stanley J.Lieberfarb,P.A. SMAILEI 3 LIEBERFARB 1100 Fifth Avenue South Suite 405 I100 5!B AVE 5 1405 Naples,FL 34102 WLES FL 34102 File Number. G04232 ISpace Above This line For Recording Data] Special Warranty Deed //I1th This Special Warranty Deed made this lath day of August,2004 between Preserve Estates, L.L.C.,a Florida limited liability company, whose post office address is 5175 Blanding Boulevard,Jacksonville,Florida 32210,grantor, and Empire Developers Group,LLC,a Florida limited liability company whose post office address is 3838 Tamiami Trail North,Suite 300,Naples,FL 34103,grantee: (Whatever used herein the tams grantor and grantee include all the pate to this instrument and the heirs,legal representatives.and assigns of individuals, and the successors and assigns of corporationa teats and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/I 00 DOLLARS(510.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate, lying and being in Collier County,Florida,to-wit See Exhibit "A" attached hereto and incorporated herein. Parcel Identification Number. Tax I.D.# 00186000005;#00186520006; #0085880006; #00181400008;Tax LD.#00180560004. Subject to taxes for 2004 and subsea . s s ., conditions, restrictions, easements, reservations and limitations of reco.. 41 , '-4,- .. . .. ----__.._ .-. ... /O 1'' r, P I _. r r� is .., .' F L r c . h V I V�\ Together with all the tenements,he d' : ••..a. uFt .• ther Ion r in anywise appertaining. To Have and to Hold,the same in q ...le forever. ,J , And the grantor hereby covenants with s • tee that the grantor is /seized of'said land in fee simple;that the grantor has good right and lawful authority . s - - convey said land- - ••e antor hereby fully warrants the title to said � land and will defend the same against the lawfu =r . • • • .•i._by,through or under grantors. .•C In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. z CJ Signed,sealed and delivered in our presence: PRESERVE ESTATES,L.L.C..a Florida ti''p CO limited liability company . _ - -- "t7 • Clf\ k' By: COPPMITCH,INC.,a Florida ,..ration Print Nam OWARD SHEFFIELD %t.....- / - L' / CC) : Ronnie D.Copped" er CJ ! II I : Director C3C> OA a. f • i •nn Name: '1;Iiii x-1 a- STATE OF FLORIDA COUNTY OFbuVAL The foregoing instrument was acknowledged before me this '1,I4'day of August, 2004, by RONNIE D. COPPENBARGER,as Director,of COPPMITCH,INC.,a Florida corporation,as Managing Member,of PRESERVE ESTATES, L.L.C., a Florida limited liability company, who is personally known to me o es-identification and who did (did noo take an oath. NOTE: If a type of identification is not inserted in the blank provided,then the person touting is instrument was personally known to me. If the wards in the parenthetical"did not"are not circled,then the pe o xecu ng is instrument did take an oath. . My Commission Exoir r yh, moonotiscoo Signature Ni Wes p..esran. •! Uf'Uff RD SHFFT-IFI n Print Name of Notary DoubleTime° I 1 4" UK: 3b31 PG: 1453 711 EXHIBIT "A" The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21,Township 4B South, Range 26 East,less the south 100 feet thereof,lying and being in Collier County,Florida; Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East,Collier County,Florida; Less and excepting a parcel herein described as commencing at the south 1/4 corner of section 21, township 48 south,range 26 east;thence run north 00°05'10"west for a distance of 100.00'to the point of beginning. Thence run north 89°59'30"west for a distance of ' feet Thence run north 57°41'53"east for a di r• - Thence run north 43°11'04"east for a•' .•' Thence run north 69°14'31"east for- •,s-- e of 37.47 feet; T Thence run north 51°13'31"east • - 'rice of 49.97 feet; Thence run north 48°50'11'east ••r a 4 fe Thence run north 41°1 T38"eas for , di •= •f 3 11 fe Thence run north 55°19'31"ea- for- - - - • Thence run north 59°40'49"ea t fo = •s- e of+ • a- / Thence run north 81°02'13"e t fo ' •is i -of t D 3= �. Thence run north 85'19'57"ea - •ice.. •.= ••• ._3r--t Thence run north 80°56'51"ea 1ttr distance of 45.57 f- � Thence run north 79°18'39"ea distance of 61.22 - Thence run north 66°15'46"east - • -nce of 43.56 fee ' Thence run south 00°04'57"east fo - nce of 224.51 feet; C) Thence run north 89°58'07"west for- • -: _ •f 330.17 To the point of beginning. CiEcC Ft� Together with the following three mitigation parcels: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 11,Township 48 South, Range 26 East, Collier County, Florida, subject to a 30 foot easement on over under and along the South 30 1-0 feet of said property for all usual purposes of ingress and egress and the placement and servicing of utilities; And Or.› The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 • South, Range 26 East,Collier County,Florida(Parcel I)subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,Section 11,Township 48 South,Range 26 East,Collier County,Florida(Parcel II)subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel 11; 6 1 34b414b UR: 3b.11 Y(i: 145U RECORDED it OFFICIAL RECORDS of COLLIER COMM, FL 08/25/2004 at 05:1718 DYIGHT E. 81001, CURE CONS 3500000.00 _Q DEC PEE 15.50 Prepared by and return to: DDC-.70 2(500.00 Stanley J.Lieberfarb COPIES 2.00 Attorney at Law Utz: Stanley J.Lieberfarb,P.A. STARLIT Jr LIEBBRFAIE 1100 Fifth Avenue South Suite 405 I100 5711 AVE S 1405 Naples,FL 34102 EA M FL 34102 File Number: G04232 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this /Z,day of August,2004 between Empire Builders of Collier County, _ .__ . _____.Inc., a Florida limited liability company, whose post office address is 5660 Strand Court, Naples,Florida 34110, grantor, and Empire Developers Group, LLC,a Florida limited liability company whose post office address is 3838 Tamiami Trail North,Suite 300,Naples,FL 34103,grantee: (Whenever used herein the terms grantor and grantee include an the panics to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/l00 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate, lying and being in Collier County,Florida,to-wit: See Exhibit "A" attached hereto and incorporated herein. Parcel Identification Number: Tax I.D.# 00186560008; x00186760109; #00186600007;and#00186760002. • Subject to taxes for 2004 and su. e.F.: T, €€Qb w conditions, restrictions, easements, reservations and limitations of re• k: y. t.\• SUBJECT TO a First Mo • ge i. enneth D. Goodman,a Trustee of the Empire/Olde _ __Cypress Investment Trust u/ d ay=record,record t Officia eco1rds Book 3577,Page 2122,of the Public Records of Colli r C•u • to '•-• e pr cipal sum of 53,500,000.00, which mortgage Grantee he-ein • p es alsu . :n=,�:g Together with all the tenements, -.t.: �' g ts, t1��•<.;=,.•. _,. th on� min anywise appertaining. To Have and to Hold,the same in • pie forever. lC And the grantor hereby covenants with sa. g Y _i. that the grantor i ju seized of said land in fee simple;that the grantor has good right and lawful authority to .. . '• .r. e grantor hereby fully warrants the title to said 0 land and will defend the same against the lawful c in .n *Os- '' ing by,through or under grantors. MI In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. add Signed,sealed and delivered in our presence: 4'`3 LO _. EMPIRE BUILDERS OF COLLIER COUNTY,INC.,a Florida_. -- - CO / 't corporation _ k x9"2 / ANSI m` � Print Name: ;�'_ �`���_ C.o. y: Wlll'r�� CO AE Its: Pr1Ta„_� r,.F.. Pri F Name: 7 F , (CORPORATE SEAL) • STATE OF FLORIDA COUNTY OF 0o//I . The foregoing instrument was acknowledged before me this 1,2 day of August,2004,by William Slavich,as President of Empire Builders of Collier County,Inc.,a Florida corporation,who is personally known to me or who has produced as identification and who did (did not) take an oath. NOTE: if a type of identification is not inserted in the blank provided,then the . o executing this' trum t was pr .nally known tome. If the wards in the paenthetical"didNot"are not circled,then Iiiir ons cuti ..this in : ,Z d'. . e an oath. My Commission Expires: 1d % I i staey Liebedarb Signature s• nt �1 My Commission DD1187&3 r., Eroses August 29.2t1D?. , a Print Name o "rotary Air DoubleTime. 1 *** OR: 3631 PG: 1451 *** EXHIBIT"A" '/ *** OR: 4398 PG: 3841 ***/ The East 165 feet of the East 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 21,Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof for road and canal right-of-way. and The West 165 feet of the East h/ of the East'/: of the Southwest Y4 of the Southwest 1/4 of Section 21, Township 48 .•"r:vim,.,_ 6 East, Collier County, Florida, less and except the South 100 = -$ ' : _.•,-rt-•, r1 • - • canal right-of-way. ands The West'/:of the E st of e ,-t 1 of the o est Y4 of Section 21, 0 Township 48 South, a , _ 'c = - •-f r:= 1 , on•a, Less and EXCEPT the South 100 feet the f f• •a• : 15. t • a (7) �� and ,. The West 1/2 lot e . J y fputhr" 1 = 1 e Southwest 1/4 of Section 21, Township 48 t Co,� ,� � �,Fo�1��r • s ;f orida, LESS and EXCEPT the South 100 t ,. ,:, 4' '\ Pi I -ESC ,----' I POOR QUALITY ORIGINAL I to COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. DEPT CASE NO. CESD20080007919 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Empire Developers Group LLC,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 9-25-08, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to Hydo-seed all disturbed land in Vita Tuscana within 14 days of this hearing or a fine of$180 a day will be assessed until the violation is abated as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4398 PG 3836. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 11-3-08. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Hydo-seed all disturbed land in Vita Tuscana within 14 days of this hearing or a fine of $180 a day will be assessed until the violation is abated. FURTHER AFFIANT SAYETH NOT. Dated 11-3-08---- COLLIER COUNTY, FLORIDA CODE ENFORC MENT BOARD 'PctoCLa ) Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3rd day of November 2008 by Patrick Baldwin. ( a of Notary Public) il (Print/Type/Stamp Commissioned NOTARY P Jennifer OF FLORIDA Name of Notary Public) Jennifer E. Waldron "t 1111 ��mmission#D F1, 3767 'w„ ���•'`Expires: SEP.17 2012 Personally known sa A me sermstc so.,nvc. REV 1/9/08 I1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CESD20080007919 vs. EMPIRE DEVELOPERS GROUP,LLC. Respondent / ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on September 25,2008,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 2,2008 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4398,PG 3836, et. seq.on October 6,2008 . An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on November 3,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated October 2,2008,it is hereby ORDERED,that the Respondent,Empire Developers Group LLC, pay to Collier County fines in the amount of$4,320 for the period of October 10,2008 through November 3,2008(24 days)at a rate of$180 per day, plus$88.43 for the operational costs incurred in the prosecution of this case for a total of$4,408.43. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. , This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 954-day of Lt 0:I,,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F-•RID BY/4e Gerald Lefe• e,C .it 401"-- 2800 Nort orseshoe P Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, 0 day of 0 G' • ,2008,by Gerald Lefebvre,Clair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as ideVntification. 4"'"";,,, I�iISTINEHOLTON 1' k.v. A d."-1\ 4! -t--k-EL t;'Y1 ,.,�".�' MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,201 i My commission expires: ' Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Empire DevelopehGroup,LLc,Goodman Breen and Gibbs,R.A.,3838 Tamiami Trail N.,Suite 300,Naples,FL 34103 this' day of A. in v. ,2008. M.Je wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 state of FLORIDA :ouoty of COLLIER , I HEREBY CERTIPVINAT PO tiattle IMO :orrect copy of a.4)gcumin on fire Rl Board Minutes ape 1'ecoras of.COW'Coon* /+9ESS my ants officiat.Voris _ aay of ' WIGHT E. BROCK, CLERK OF,COURTh ev• at cualei....iertiLimi, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Patriot Square LLC. CEB No. 2007060341 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-9 Affidavit(s) 10 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: 2007060341 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PATRIOT SQUARE LLC, Respondent(s) CLAUSSEN, DENNIS E, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION: 4143 Tamiami Trail E (Folio#394440004) �-`• SERVED: PATRIOT SQUARE LLC, Respondent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239) 252-2343 Facsimile 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,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 pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007060341 Board of County Commissioners vs. Patriot Square, LLC., Respondent(s) Violation(s): Ordinance(s) 04-41, the Collier County Land Development Code sec. 10.0206(B)(1)(e)(i),10.02.06(B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(B)(2)(d)(ix) and of Ordinance 2004-58 sec 16(1)(n)(3) of the Property Maintenance Code for the unincorporated area of Collier County, FL Location: 4143 Tamiami Trail E Naples, FL Folio #394440004 Description: Freestanding sign without required permit. Sign has missing panels and exposed wiring, and is in overall state of disrepair. Past Order(s): On August 22nd, 2008, 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 4389 PG 1149, for more information. The Respondent has complied with the CEB Orders as of August 22nd, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 3000.00. See below. Order Item # 1 and Order Item #3 Fines at a rate of$150.00 per day for the period between August 30th, 2008-September 8th, 2008 (10 days) for the total of $1500.00. Order Item #2 and Order Item #4 Fines at a rate of$150.00 per day for the period between August 30`", 2008-September 8th, 2008 (10 days) for the total of$1500.00 Order Item #6 Operational Costs of $89.75, have been paid. 4245001 OR: 4389 PG: 1149 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/28/2008 at 08:13AK DWIGHT B. BROCK, CLERK RBC FEE 61.00 Retn:INTBROFFICB/3BN WALDRON CODE ENFORCEMENT BOARI NTBkIN OPERATIONS COORDINATOR COLLIER COUNTY,FLORID OLLIBk COUNTY CODE ENIORCENEN eDES BUILDING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO: 2007060341 vs. PATRIOT SQUARE, LLC., DENNIS E. CLAUSSEN, R.A. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Patriot Square, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4143 Tamiami Trail E.,Naples, Florida,FOLIO 394440004, more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(I)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)and 10.02.06(B)(2)(d)(ix) and Collier County Ordinance 2004-58,The Property Maintenance Code,section 16(1)(n)(3)in the following particulars: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), I0.02.06(B)(2)(d) and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,section 16(1)(n)(3)be corrected in the following manner: OR: 4389 PG: 1153 I. By obtaining an After-the Fact Demolition permit for the removal of the sign, and ensuring that all electrical components and safety concerns have been abated within 7 days(August 29,2008). 2. By removing the remaining portion of the sign and all debris associated with the sign within 7 days (August 29,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 29, 2008, then there will be a fine of$150 per day for each day for each day the violation continues. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 29, 2008,then there will be a fine of$150 per day for each day for each day the violation continues. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$89.75 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED thisQL day of 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI R COUNTY F•• • P B erald Lefebvr,,Chair 7 2800 North H.rseshoe L, ve Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisoo day of CI ^ , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florid ,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 0: KRISTINE HOLTON \ tilsl i` _ , ' = MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 n tit• Bondad7hm Notary Public Underwnters j My commission expires: Rf State 01 F>t<CFct4A .',ounty of COLLIER HEREBY,.CERTITY,T AT this!sat el l :correct cc `dot% aapucnent ofits In 'saard ira is-an,d'ecoros of Mier Nil Ss nit ,o and off'c al seal this 6ci±v aay.of- A •.,ii BRQ€K,4 CE CMOS , � OR: 4389 PG: 1151 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Patriot Square, Inc., Dennis E.Claussen,R.A., 1410 West rving Park Road,Chicago, Ill. 60613 this 9 day of ,2008. 2 4-1,=--7-7 M.Jeanjcawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4389 PG: 1152 Petitioner, Vs. DEPT NO. 2007060341 ATRIOT SQUARE, LLC, (Property Owner) DENNIS E CLAUSSEN, (Registered Agent) Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, Dennis E Claussen, on behalf of himself or Patriot Square LLC as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007060341 dated the 9th day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22nd 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(B)(2)(d)(ix), of the Collier County Land Development Code 04-41 as amended, and of section 16(1)(n)(3) of the Property Maintenance Code 2004-58, for the unincorporated are of Collier County and are described as a Freestanding sign without required permit, sign has missing panels and exposed internal wiring. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.75 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining an After the Fact Demo permit for the removal of the sign, and to ensure all electrical; components and safety concerns have been abated, within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. Removing the remaining portion of the sign and all debris associated with the sign within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection,/) Resp5onden ',7 Di1ne Flagg, Director / / Code Enforcement Department 47./ _ nil;-_`0 irk //espondent Date .5 I 1) 1�1f 1ls C(�vSstr� v Representative 6� r��.r�rj_s. Date, �; / % ,/7" n ;rye /.� (' (SV/•J REV 7/1/08 etcolaB is QEFICUL MOM of COLOR COM, FL It Ale")) 15/15/2114 et 11:11911 NM I. MCI, CLZU COQ 2ETS111.i1 - THIS INSTRUMENT PREPARED BY _ -T - IS,11.- . Joseph E.Ujczo,Esq. 1X-.71 11525.141 "--, Fla.Bar No.0138185 IOW Vogel Law Office,P.A- lOUL6 i MEI Suite B,Midwest Title Bldg. 5129 UMW DI #I 3936 Tamiami Trail North FL 34113 Naples,Florida 34103 (239)262-2211 PREPARATION ONLY WITHOUT OPINION WARRANTY DEED THIS WARRANTY DEED made the 14.9 day of April,2004,by PATRIOT SQUARE, INC.,a Florida corporation,hereinafter called the GRANTOR,to PATRIOT SQUARE,LLC,a Florida T.imited Liability Company,hereinafter called the GRANTEE, whose post office address is 1410 W. Irving Park, Suite 1,Chicago,IL 60612. (Wherever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and assip. • _ duals, and the successors and assigns of j corporations). 0- -\ WITNESSETH: That ,e :. or,for and in consi•i, -.•s of the sum of$10.00 and other valuable considerations, receipt ""•- -• is •- -• owl.:aed, hereby grants, bargains,, sells, • that certain land situate in ---==-- _—_aliens; remises;-releases; ca�ive / and counto �e � . •i- , =� Collier County, Florida,viz .^� CO t• 1 fi Property LD.: 03944401 i- N. CD TOGETHER with all the ten • ' ' • ++•�, ?t� �: Nand appurtenances thereto belonging or — in anywise appertaining. w c , TO HAVE AND TO HOLD the same in fee simple forever. 4...C3 b AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said -- land in fee simple;that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful w claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003; zoning,building code and other restrictions imposed by governmental authority, outstanding oil, gas and mineral interests of record, if any, and restrictions and easements of record. E 1F]IPS10310S2(31 W D.vpd OR: 4389 PG: 1154 N WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: Patriot Square,Inc. Witness-: a Florida corporation (Sid&4■1-AI& (print fil e • PP4 * Wit:—: ic.4 • ,1 (Sim• — '1��_ Michael A.Mancuso,President (Print Name aj borah ' -0 y�i..- STATE OF FLORIDA * � CO 1Vi, I COUNTY OF COLLIER cp .1-• 1 The foregoing W. .• a 1..: -. . \ ow -• befo - m-\thisA day of April,2004, - ------ 1 - by Michael A.Mancuso,Pr-."• •t ••-. =_ . -- el• da Q,oTooration; who is personally • known to me or who hasp 1 du►i.,�j Q t A� 'MCal -Was identification. ,-�., �� � � ,�-fir`_ �-`l ' .�� © Sh..e j; . 1. .fey .41-E C - .ed or Printed N- Commission No. ;` " UV co►ussIaN COD 130355 i My Commission E , ELMS: 1' ... i E•TILMl CSC22(TWD.I.* lc **" OR: 4389 PG: 1155 *** EXHIBIT A Commencing at the Southeast corner of Section 13, Township 50 South, Range 25 East, Collier County,Florida;thence along the East line of said Section 13,North 01°34'17"West 149.72 feet to the Northerly right of way of U.S.41 (S.R.90);thence along said right of way line North 39°05'20" West 2860.45 feet to the intersection of the Westerly right of way line of Lakewood Boulevard; thence continue North 39°05'20"West along the Northerly right of way of U.S.41 for 200.0 feet to the point of beginning; thence continue North 39°05'20" West along the Northerly right of way of U.S.41 for 200.0 feet;thence North 50°54'40"East 400 feet;thence South 39°05'20"East 400 feet to the West right of way line of Lakewood Boulevard;thence South 50°54'40"West 200 feet along said right of way;thence,North 39°05'20"West 200.0 feet; thence South 50°54'40"West 200 feet to point of beginning, containing 2.75 acres more or less with a 20 foot water and sewer easement within this parcel; along the Northeasterly side adjacent to Lakewood subdivision and along the Southeasterly side adjacent to Lakewo. V-1 • 7 C') G 41-E CtiC [t LULLILIt LA/U1N I I,rLVr,w±t / � CODE ENFORCEMENT BOARD �J DEPT CASE NO. 2007060341 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PATRIOT SQUARE,LLC,Respondent(s) DENNIS E CLAUSSEN,R.A. AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA • COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Sherry L Patterson, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 22, 2008,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4389 PG 1149, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 9, 2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by : Obtaining an After the Fact Demolition permit including all required inspections and Certificate of Completion on September 8,2008 for the removal of the sign, and ensuring that all electrical components and safety concerns had been abated. (The respondent was to abate all violations as stated in the order by August 29,2008 compliance date) By removal of the remaining portion of the sign, and all debris associated with the sign. Removal was confirmed on September 8, 2008. (The respondent was to abate all violations as stated in the order by August 29, 2008 compliance date) FURTHER AFFIANT SAYETH NOT. Dated September 9th, 2008 COLL I. • �i�' TY,FLORIDA CODE;:, 1 if CEMENT BOARD 1 Sher L •atterson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn r affirmed) and subscribed before me this September 9th,2008 by Sherry L Patterson. ?-.-? C::&4' . P4-1--/--, (Signature of Notary Public) ✓ ,-1 NOTATZYPCTF3TC-STET T—ORlDA (Print/Type/Stamp Commissioned •, '.','1"` •^^1 Name of Notary Public) ,, _,!-7-‘.1,` �): 7;,/i•ern.• �CNe�Till?U ATI,PF77'iC LO:;:JiiEG CO.,pi C. Personally known -4 Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007060341 vs. PATRIOT SQUARE, LLC., DENNIS E. CLAUSSEN,R.A. Respondent / ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on August 22,2008,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on August 25,2008 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4389,PG 1149, et. seq.on August 28,2008 . An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on September 9,2008,which Affidavit certified under oath that the required corrective action has been taken as ordered. THIS CAUSE came on for public hearing before the Board on November 20,2008,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c) whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the amount of the time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent; (h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby GRANTS the said Motion to Reduce/Abate Fine. Accordingly,it having been brought to the Board's attention that Respondent has complied with the Order dated August 25,2008, it is hereby ORDERED,that the Respondent,Patriot Square,LLC,pay no fines to Collier County. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this,-�_ day of 1..-C'J .,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID BY:I. _ _-� �. /� Gerald Lefebvre hair i 2800 North Hor eshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this9S day of t■ V . ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. I-77;. 7' ;�;IS?1NEHOLT01 NOTARY PUBLIC .' ,.,y,:' ':;;t. . ••; DD 886595 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 Patriot Square, Inc.,Dennis E. Claussen,R.A., 1410 West Irving Park Road,Chicago,Ill. 60613 this,9 e)4"day of k„,)jV , ,2008. State oi FLORIDA:minty of COLLIER 4 � 2, t M. ,` ,,,,,,, Jean son,Esq. I HEREBY cERT1 F'� ,1*T this Is a true anO Florida Bar No. 750311 :orrect Cooi'ot a Coci,rr* t Atha in Attorney for the Code Enforcement Board Board Minutes t ad.R��roros o?.Cottier Count' 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 EESS ru n ana off, ClaF S I (239)263-8206 aay of. U AM V4Pri DWIGHT E. BROGK,CLERK OF COURTS BIP " ,,•ONNINW .. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Heriberto and Antonio Perez CEB No. CESD20080000222 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 �-. Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20080000222 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PEREZ, HERIBERTO &ANTONIO PEREZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 11/20/2008 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive, Naples, FL 34104 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION:5384 Carolina AVE Naples, FL SERVED: PEREZ, HERIBERTO & ANTONIO PEREZ, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jennifer Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2496 Telephone (239)252-2343 Facsimile 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.Serv,cios the traduccion no seran disponibles en In 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 file an angle.Nou pan gin moue pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080000222 Board of County Commissioners vs. Heriberto and Antonio Perez, Respondent(s) Violation(s): Ordinance(s) 04-41, the Collier County Land Development Code sec. 10.0206(B)(1)(a),10.02.06(B)(1)(e)(i); Florida Building Code 2004 Edition, Section 105.1 Location: 5384 Carolina Ave Naples, FL 34113 Folio #62201240005 Description: Unpermitted improvements made to the rear of structure located on this RMF-6 zoned property Past Order(s): On April 24th, 2008, 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 4356 PG 1853, for more information. The Respondent has not complied with the CEB Orders as of April 24th, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 15,363.18. See below. Order Item#2 and Order Item # 4 Fines at a rate of$200.00 per day for the period between August 23rd, 2008-November 5th, 2008 (75 days) for the total of $15,000.00. Order Item#7 Operational Costs of $363.18,have not been paid. 2- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA w n = w 0 (D BOARD OF COUNTY COMMISSIONERS, t=• on COLLIER COUNTY,FLORIDA, • z omn H Da Di Da C-7 Da Petitioner, CESD20080000222 on on o VS. Nz cal H •-• N (-3 tel HERIBERTO AND ANTONIO PEREZ, Respondents on FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD o °Fa - - Fj THIS CAUSE came on for public hearing before the Board on April 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its ° ,a Findings of Fact,Conclusions of Law,and Order of the Board, as follows: E 'O• � O 1. That Heriberto and Antonio Perez are the owners of the subject property. 7d laa n 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the o Respondents, having been duly notified,failed to appear at the public hearing, on 3. That the Respondents were notified of the date of hearing by certified mail and by posting. ,q 4. That the real property located at 5384 Carolina Avenue,Naples, Florida,Folio 62201240005,more 7.1 o E---� particularly described as Lot I I, Block 4, Amended Plat Naples Manor Extension, according to the Plat thereof as recorded in Plat Book 3, Page 101, Public Records of Collier County, Florida is in violation of Collier County K w Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a)and I0.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition,section 105.1 in the following particulars: on ra ra Unpermitted improvements made to the rear of structure located on this RMF-6 zoned property. ta ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(l)(a)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,section 105.1 be corrected in the following manner: 1. Within 24 hours of the receipt of this Order, by ceasing and desisting use of the unpermitted additions and by turning off the electrical breakers to the additions. 2. By engaging the services of a general contractor licensed in Collier County to obtain all required permits, related inspections, and certificate of completions for all non-permitted improvements within 120 days (August 22,2008). 3 * OR: 4356 PG: 1854 *>k* 3. In the alternative,by engaging the services of a general contractor licensed in Collier County to obtain a demolition permit for removal of all non-permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 120 days(August 22,2008). 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 22, 2008,then there will be a fine of$200 per day for each day until such time as all permits receive certificates of completion. 5. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board by August 22,2008, there will be a fine of$200 per day for each day until demolition permit receives certificate of completion. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$363.18 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 Z3 day of( Lam, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COU Y, FLORIDA BY: ,'4/ Richard ,ring,Vice-Chair 2800 No .,,rseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of a.,: 2008,by Richard Kraenbring, Vice-Chair of the Code Enforcement Board of Collier C unty,Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. KRISTINE HOLTON K)1/4:5L15t- —/? 1410%x. X C ='... MY COMMISSION#DD 668595 NOTARY PUBLIC ;7'4 P, EXPIRES:June 18,2011 My commission expires: ,Rf;', Bonded Thru Notary Public Undsnv CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee ment by U. S. Mail to Heriberto and Antonio Perez, P. O. Box 684, Marco Island, Florida 34146 this 7 ' �ay of C }A V , State sly F )ounty of COLLIER M. Je. awson,Esq. I HEREBY CERTi,`e THAT h'Ps iS a t *Id Attorney. Bar the 750311 Attorney for the Code Enforcement Board -orrect Cop} Q' a 0 cu s ,� eup 1tr�? .N 400 Fifth Avenue S.,Ste.300 3oard Mtnt!t15 ax. r Court Naples, Florida 34102 SS my ` �t Y"., r'rr�4 ' tl�s (239) 263-8206 ` ')WIGHT E. B WC 4 CLE RK OF COURTS .13 vws , 4 4- I..V LLJ_rIC 1.k.,Li II t 1,r.1-vi\.1.1i ri CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080000222 \COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Heriberto and Antonio Perez,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on April 24th,2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to cease and desist use of the unpermitted addition and turn off electrical breakers to the addition within 24 hours of receipt of the order, hiring a general contractor licensed in Collier County to obtain permits; inspections; and certificates of completion for unpermitted improvements made or for the complete removal of the addition to include removal of all debris to a site intended for final disposal by August 22, 2008 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4356 PG 1853. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on November 5th,2008. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:Addition to the structure has not been permitted or demolished. FURTHER AFFIANT SAYETH NOT. Dated this 5th day of November 2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD q--0-e_ '-vt/tA-c11-, Joe Ikucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER . '. to(or a , ed)aid subscribed before me this 5th day of November 2008 by Joe Mucha. mature of Notary Public) Notary Public State of Florida a° Colleen Davidson Commission DD558435 (Print/Type/Stamp Commissioned +� +�o' Expires 0513012010 Name of Notary Public) Personally known .4 REV 1/9/08 S CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20080000222 vs. HERIBERTO AND ANTONIO PEREZ, Respondents, ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on April 24,2008,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 28,2008 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4356,PG 1853, et. seq.on May 5,2008. An Affidavit of Noncompliance has been filed with the Board by the Code Enforcement Official on November 5,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have not complied with the Order dated April 28,2008, it is hereby ORDERED,that the Respondents,Heriberto and Antonio Perez, pay to Collier County fines in the amount of$15,000 for the period of August 23,2008 through November 5,2008(75 days)at a rate of$200 per day,plus $363.18 for the operational costs,for a total of$15,368.18. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this (am`5' day of L CV,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLO• I A /4 BY: r�, ��/; /! 'erald Lefebvre air 2800 North Hs seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(9J day of K.j D`/. ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/who has produced a Florida Driver's License as identification. ,;01,,x•, KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION*DD 686595 My commission expires: ��:= EXPIRES:June 18,2011 a p i Bonded Thra Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Heriberto and Antonio Perez,P.O.Box 684,Marco Island,Florida 34146 this =,)j''day of 1\2jG",t , , 2008. 024,(4.1 M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 Stall at Ron* .:ounty of COLLIER I HEREBY CERTIFY THRTpIi is a buea n :orrect copy at a cogtiritgra on The In Board Minutes and,,, ;4+Cris,gt Collier Count ESS my -ti amj official Vphis aay of DWIGHT E. BROCK, CLERK OF COJJRT3 86011 *.*....e. ... CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-06 vs. MARK BRECHER, Respondent, ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on November 20,2008,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondent to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the amount of the time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby GRANTS the said Motion to Reduce/Abate Fine. The violations have been abated. ORDERED,that the fines are abated and that the Respondent is ordered to pay no fines to Collier County. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. s DONE AND ORDERED this; 3 day of I�1r,jt.; ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: (22,1.r G-rald Lefebvre, air , 2800 North Ho- eshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `_) day of G \,.; ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,,/ who has produced a Florida Driver's,License as identification. r KRISTINE HOLTON NOTARY PUBLIC ,. MY COMMISSION#DD 686595 My commission expires: : EXPIRES:June 18,2011 ' Bonded Thru Nowt'Public Underv�lers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mark Brecher,4830 Cherrywood Drive,Naples,FL 34119 and to Jason Mikes,Esq,Quarles&Brady, 1395 Panther Lane,Suite 300,Naples,FL 34109 this :6 44"day of N)O'.? ,2008. 777 ill M.Je}f•awson,Esq. Flor ea Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 Stater or FLORIDA :aunty of COLLIER I HEREBY CERTIFY THtT this is o true and :orrect cony ot, ocutrn,on file to Board Minute,.and ,l res of Collier County �E day o' LI,i(611frie_a an u ) s d v DWIGHT E. BROCK,CLERK OF COURTS imewrr:._! �`�� >. Memorandum ( 7 To: Marjorie Student-Stirling, Assistant County Attorney From: Code Enforcement Department Date: November 20th, 2008 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. STATUS HEARING COMPLY IOf OP.COST TOTAL$ HOMES- N-N mp RESPONDENT CEB# DATE BY DATE HEARING TOTAL FINE Corr► DATE , county DUE TEA') Abatement LAST Cost RECHECK Cynthia Aurelio Markle 2006060005 1/24/2008 2/7/2008 6/26/2008 $16,200.00 $320.05 $16,520.05 Y N