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CEB Backup 11/29/2012 CEB MEETING BACK-UP DOCUMENTS NOVEMBER 29, 2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: November 29,2012 Location: 3299 Tamiami Trail East,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre, Vice Chair Tony Marino Kenneth Kelly Ronald Doino Jr.,Alternate James Lavinski Chris Hudson,Alternate Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES— A. October 25,2012 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Re-Hearing 1. Kirk N. Sanders CESD20100007042 Motion for Extension of Time 1. Sean King Tr. CEVR20 1 1 0002999 B. STIPULATIONS C. HEARINGS 1. CASE NO: CEOCC20120002338 OWNER: ROBERT E.&COLLEEN ROSSOMANDO OFFICER: INVESTIGATOR JEFF IETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 2.02.03 AND THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 126,ARTICLE IV, SECTION 126-111(b)OPERATING AN INN-TYPE BUSINESS ON THIS ESTATES ZONED PROPERTY.NO COLLIER COUNTY BUSINESS TAX RECEIPT OBTAINED FOR SUCH USE. FOLIO NO: 36661320009 VIOLATION ADDRESS: 4641 5th AVE NW NAPLES, FL 34119 2. CASE NO: CESD20120004933 OWNER: IRVIN M.& BEVERLY J.JACKSON OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED SECTION 10.02.06(B)(I)(a)AND 10.02.06(B)(1)(e)(i)NO COLLIER COUNTY BUILDING PERMITS FOR ENCLOSED BOTTOM FLOOR OF A STILT HOME AND ADDING LIVING SPACE WITH A BATHROOM AND AN ADDITION OF A GAME ROOM, DEN AND BATHROOM FOLIO NO: 40680520009 VIOLATION ADDRESS: 3210 4TH AVE.NE.NAPLES, FL 34120 3. CASE NO: CESD20120008679 OWNER: TERRY J. KRAMER OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)PERMIT#2006014872 FOR A STEEL BUILDING AND PERMIT# 2004080864 FOR A POOL AND ELECTRIC HAVE BOTH EXPIRED WITHOUT ALL REQUIRED INSPECTIONS AND THE ISSUANCE OF A CERTIFICATE OF COMPLETION/ OCCUPANCY FOLIO NO: 37014480003 VIOLATION ADDRESS: 825 11TH ST. SW.NAPLES, FL 34117 4. CASE NO: CEVR20120008514 OWNER: TERRY J. KRAMER OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 3.05.08(C)PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION FOLIO NO: 37014480003 VIOLATION ADDRESS: 825 11TH ST. SW.NAPLES,FL 34117 5. CASE NO: CEPM20120007062 OWNER: FRANK MOOTISPAW OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236 HOUSE SEVERLY DAMAGED BY FIRE FOLIO NO: 309560005 VIOLATION ADDRESS: 1180 SUGARBERRY ST.NAPLES, FL 34117 6. CASE NO: CELU2012001 1611 OWNER: OLD BARN, INC. OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1.04.01(A)AND 2.02.03 PROHIBITED USE OF PROPERTY ZONED COMMERCIAL PLANNED UNIT DEVELOPMENT(PUD) FOLIO NO: 23596009 VIOLATION ADDRESS: 2879 ORANGE BLOSSOM DR.NAPLES,FL 34109 7. CASE NO: CEPM2012001 1612 OWNER: OLD BARN, INC. OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-234(3) BUILDING OFFICIAL HAS DEEMED STRUCTURE DANGEROUS FOLIO NO: 235960009 VIOLATION ADDRESS: 2879 ORANGE BLOSSOM DR.NAPLES, FL 34109 8. CASE NO: CESD20120006927 OWNER: JORGE L. MENDEZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i)PERMITTED GARAGE TURNED INTO LIVING SPACE WITH A FULL BATH AND A KITCHEN WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40935360008 VIOLATION ADDRESS: 3320 2ND AVE SE.NAPLES, FL 34117 9. CASE NO: CEPM20120013078 OWNER: JORGE L. MENDEZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI,CHAPTER 22, SECTION 22-242 VACANT HOME WITH A SCREEN ENCLOSURE AND SWIMMING POOL HAS BEEN DAMAGED BY A FIRE AND HAS NO ROOF FOLIO NO: 40935360008 VIOLATION ADDRESS: 3320 2ND AVE SE.NAPLES, FL 34117 10. CASE NO: CESD20120006147 OWNER: JOSSE L. PEREZ(AKA JOSE M. PEREZ)&ISABEL PEREZ OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AN UNPERMITTED WINDOW ADDED TO THE GARAGE ALONG WITH A LARGE HOLE IN THE GARAGE WALL WITH AN A/C UNIT WITHIN FOLIO NO: 37221090008 VIOLATION ADDRESS: 110 WILSON BLVD. S.NAPLES, FL 34117 11. CASE NO: CESD20120012127 OWNER: GREGORY LYNN THOMPSON & MISTY LOU THOMPSON OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A HISTORICALLY PERMITTED STEEL BUILDING IN THE REAR YARD NOW MISSING WALLS AND DOORS AND COMPLETELY ALTERED FROM IT'S ORIGINALLY PERMITTED STATE FOLIO NO: 36960760001 VIOLATION ADDRESS: 181 23RD ST. SW.NAPLES, FL 34117 12. CASE NO: CESD20120008800 OWNER: MARIA A. LEIVA OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i)CARPORT STRUCTURE WITH SLAB BUILT ON THE BACK OF THE ESTATES ZONED PROPERTY AND AN OVERHANG ADDED TO THE BACK WEST SIDE OF THE PRINCIPLE STRUCTURE AND THE BACK OF THE EAST SIDE OF THE PRINCIPLE STRUCTURE FOLIO NO: 41042120004 VIOLATION ADDRESS: 3525 12TH AVE. SE. NAPLES, FL 34117 13. CASE NO: CESD20120001674 OWNER: RAYMOND M. STONEBRIDGE &CHRISTINE M. STONEBRIDGE OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND FLORIDA BUILDING CODE,2010 EDITION, SECTION 105.1 SEVERAL UNPERMITTED STRUCTURES, DECKING, SCREENED LANAI, POOL/SPA AND WOODEN FENCING ON THE PROPERTY FOLIO NO: 37547360001 VIOLATION ADDRESS: 211 14TH AVE.NW.NAPLES,FL 34120 14. CASE NO: CESD20120004200 OWNER: MILLARD& DENISE SHORETTE OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION I0.02.06(B)(I)(a)AND I0.02.06(B)(I)(e)(i)2 SHEDS CONSTRUCTED WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 41280520000 VIOLATION ADDRESS: 2626 20TH AVE SE NAPLES, FL 34117 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20100003739 OWNER: COLLIER REALTY CORP OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)COOLER/STORAGE CONSTRUCTED/ATTACHED TO BUILDING PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 63863840004 VIOLATION ADDRESS: 101 NEW MARKET ROAD. E. IMMOKALEE, FL 34142 2. CASE NO: CESD201 10003049 OWNER: THOMAS P. SMITH OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)GARAGE CONVERSION, LARGE STRUCTURE AND FENCE ON THE PROPERTY WITH NO VALID COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40622180009 VIOLATION ADDRESS: 2461 4TH AVE.NE.NAPLES, FL 34120 1 3. CASE NO: CENA20120006825 OWNER: GWENDOLYN GREEN OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTION 54-181 LITTER CONSISTING OF, BUT NOT LIMITED TO,REFUSE,CLOTHES, BOXES,ASSORTED METALS,PLASTICS AND WOOD,TIRES, ETC. FOLIO NO: 41044640003 VIOLATION ADDRESS: 3675 10TH AVE. SE.NAPLES,FL 34117 4. CASE NO: CEVR20110014528 OWNER: LEON D.&JOAN MCCASKEY OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(c)PRESENCE OF COLLIER COUNTY PROHBITED EXOTIC VEGETATION, INCLUDING BUT NOT LIMITED TO, BRAZILIAN PEPPER,AIR POTATO, DOWNY ROSE MYRTLE, WITHIN A 200' RADIUS OF AN IMPROVED PROPERTY FOLIO NO: 75460840000 VIOLATION ADDRESS: 1335 CENTER LANE NAPLES, FL 34110 5. CASE NO: CENA20120003516 OWNER: STEVEN J. MARTARANO OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181 CONSTRUCTION DEBRIS DUMPED ON THE ESTATES ZONED PROPERTY FOLIO NO: 39387240004 VIOLATION ADDRESS: 211 20TH STREET S.E. NAPLES,FL 34117 6. CASE NO: CESD20110017435 OWNER: ROOKERY BAY BUSINESS PARK LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.13(F)FAILURE TO SUBMIT PUD MONITORING REPORT FOLIO NO: 732800002 VIOLATION ADDRESS: NO SITE ADDRESS NAPLES,FL 7. CASE NO: CESD20120004188 OWNER: DOREEN BIGICA OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)NO COLLIER COUNTY BUILDING PERMITS FOR GARAGE DOOR CONVERTED TO DOUBLE GLASS DOORS FOLIO NO: 45965880003 VIOLATION ADDRESS: 2391 19TH STREET S.W.NAPLES,FL 34117 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - January 24,2013 11. ADJOURN BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120006927 Jorge L Mendez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, o MA el , on behalf of himself as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120006927 dated the 11th day of May, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $%\345 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 90 days of this Hearing or a fine of $150.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. / , Respondent or -'-psntative (sign) ° r- Diane Flagg, Director �T / Cam, Code Enforcement Department ci ,Q'� J'CL/6 'G / /// 7 / //� Respondent or Representative (print) Date l // Z-97 ( Date REV 8/17/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CEPM20120013078 Jorge L. Mendez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jorge L. Mendez , on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20120013078dated the 28th day of August, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29th, 2012; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. An unsecured home on Estates zoned property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $%o.a.9 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Obtaining all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion/Occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure and pool with screen enclosure within L$0 days of this hearing, or a fine of g %SU°Qa day will be imposed for each day the any violations continue. b) Alternatively, obtain a Collier County Boarding Certificate and board the structure within VA days of this hearing AND c) Obtain all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion/Occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure with pool and screen enclosure within t SO days of the boarding certificate issuance , or a fine of I S O'°a day will be imposed for each day the any violations continue. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ,//1 Respondent • '-a resentative (sign) r d Diane Flagg, Director Code Enforcement Department Jep•-qc H¢��J� if 42 9/a Respondent or Representative (print) Date Date REV 1/4/12 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20120001674 Raymond M. and Christine M. Stonebridge Respondent(s), STIPULATION/AGREEMENT A/I-S'?-e:1 e b r,d _.� C/��1J kei t . 4 SA e n.�r;^J ..2. COMES NOW, the undersigned, , on behaff of himself orWci ve,,is r����,,bdd���s representative for Respondent and enters into this Stipulation and Agreement with Collier County as to tl1 resolution of Notices of Violation in reference (case) number CESD20120001674 dated the 25th day of October, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for)onber"Olato promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ .S.(0 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or a Demolition Permit, inspections and a Certificate of Completion/Occupancy within 120 days of this hearing or a fine of$150.00 per day will be imposed until the violation is abated.. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request 'the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the_vi©Iation--into.compliance and may use the assistance of the Collier County Sheriff's Office to enfdree the prov)sions of this ag. eement and all costs of abatement shall be assessed to the property owner. lqs#1( Resporidenf or Representative (sign) For Diane Flagg, Director Code Enforcement Department . ,\1\AS-V(12 cA,S-\toebn // 9, //R Respondent or Representative (print) Date lc-DO Date REV 8/17/11 • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120004200 Millard and Denise Shorette Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Maaoi-d a 4 i) %se 'S c-.t-k., on behalf of himself as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120004200 dated the 21st day of March, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled forivo.,Qv+.,o,a� agv,k ok to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 120 days of this Hearing or a fine of$150.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. op e ondent or Representative (sign) Fo r' Di 4Flagg, Director Disila3ale416 (Se-L- "" J Code Enforcement Department / /�w(',�V rte 49/-7' Respondent or Representative (print) Date 1 taq Iia- Date REV 8/17/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007042 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRK N SANDERS, Respondent(s) NOTICE OF HEARING MOTION FOR RE-HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:2280 Pineland AVE Naples, FL SERVED: KIRK N SANDERS, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION.Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. INSTR 4593905 OR 4708 PG 1561 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20100007042 • vs. KIRK N.SANDERS, Respondent FIND c& 'MNS OF Lk� RDER OF THIS CAUSE came on for public hearffig b= ore-the-Bo don July 28,201\and,he Board,having heard testimony under oath,received evide cc,a d heard- pechve to propria a matters,thereupon issues its Findings of Fact,Conclusions of La ,an• • •- f • :oar. as..fol 1. That Kirk N.Sanders is the o :r o the ub ec pr+.e ,. !j E-,) 2. That the Code Enforcement hrd has jurisdiction of th-..erson f the, sjpondent and that the Respondent,having been duly notifie,'�"'a}lcd to appear at the publ e. gg..T ,'/ 3. That the Respondent was notifi aufk date of hearing by cern ed` i1 and by posting. Y �. Y P g 4. That the real property located at 22 meta v u f),I6,tt ,norida,Folio 56150200005 and 56150520002, more particularly described as Lots 9, b,_,27;.2> rklthe North 28 feet of Lot 8,Block A,Los Pinos Subdivision,as recorded in Plat Book 1,Page 46,of the Public Records of Collier County,Florida is in violation of Florida Building Code,2007 Edition,Chapter 1,Permits,Section 105.1 and Ordinance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i)and 2.02.03 in the following particulars: Approximately 12-13 mobile homes were installed with several additions added to the mobile homes consisting of carports,screen porches,roof over's and living space below flood level with electrical and plumbing without first obtaining all required building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Florida Building Code,2007 Edition,Chapter 1,Permits,Section 105.1 and Ordinance 04-41,as amended,the Collier County Land Development Code,Sections10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i)and 2.02.03 be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days(August 27,2011). I *** OR 4708 PG 1562 *** • 2. By removing from the property any extra mobile homes other than that which was approved in 1975 for the legal non-conforming status,including the recreational vehicle within 30 days(August 27,2011). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 27, 2011,then there will be a fine of$250 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 27, 2011,then there will be a fine of$250 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.72 within 30 days. Any aggrieved party may appeal a finale ir e o"d-to tie Circuit Court within thirty(30)days of the execution of the Order appealed.An app5e 144131R ttr(g1,no o,but shall be limited to appellate review of the record created within. Filin: r, et shall not stay h- d s Order. DONE AND ORDERED this I :;y-of 2011 at a..Hie ,County, Florida. let.- E' ► •. ■ N B EOY ..R0 ..,2,, ORIpRD A r`''. Kennet . elly, hair ' ve" 2800 Ivo esio, i \ Naples, 3 104) STATE OF FLORIDA ) ,i U)SS: U ) COUNTY OF COLLIER) X2''1 fF C The foregoing instrument was acknowledged before me this'' day of (; , ^( , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier CouniFlorida,who is I/ personally known to me or who has produced a Florida Driver's License as identification. /PO`sr��e`, KRISTINE TWENTE I L,L/J3;LC 1\-Q l(..L�'� - Notary Public-State 01 Florida NOTARY PUBLIC I. My Comm.Expires Jun t B,2015 My commission expires: ;+' sin Commission#EE 87272 Y P '.',� V.. ••.,,°;;Y.�� Bonded Through National Notary Assn. • —•--- ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Kirk A. Sanders,P.O.Box 2481,Naples,Florida 34106 this;)')day of( G:..O ,2011. .Je.f awson,Esq. :ounty of.COLLIE k -:., F1o&Bar No.750311 .• > Attorney for the Code Enforcement Board H ERE PY,a '1;g:�Yi'AtffAis=is a 11e a 2375 N.Tamiami Trail,Ste.208 -orrect,,,6s5 ` at a e rr ftie in • � -, Naples,Florida 34103 saatd t∎i�rtes€arS ae66ioS4it- i11er Count, (239)263-8206 ,V rrtr v, riry any 1i;±i seal•this :,t t1 to i SWIG Hr.4C 0. OG'K,-CLFiCOF COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO: CESD20100007042 vs. KIRK N. SANDERS, Respondent, MOTION FOR REHEARING KIRK N. SANDERS, by and through the undersigned attorney, submits this Motion for Rehearing pursuant to Article IX, Section q, of the Collier County Code Enforcement Board ("CEB") Rules and Regulations, stating as follows: FACTS 1. This motion for rehearing is based on the CEB'S July 26, 2012 hearing, and subsequent Findings of Fact and Order dated August 6, 2012, finding that the "violations of Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i) and 2.02.03 be corrected." 2. This order was based on the allegation that "Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's and living space below flood level with electrical and plumbing without first obtaining all required building permits." 3. The violations that were ordered corrected involve one Florida Building Code Section, Section 105.1 and the three aforestated Collier County Land Development Code Sections. 4. The Respondent was ordered to obtain "any and all required Collier County Building Permits or Demolition Permits through required inspection and certificate of completion/occupancy within 120 days November 23, 2012)." 5. The Respondent received a copy of the written order on August 10, 2012. A copy of the order is attached hereto as Exhibit A. STANDARD FOR REHEARING 6. Under Article IX, Section q, of the CEB, Rules and Regulations, a party may move for rehearing of the Order based on the ground(s) that (1) the decision was contrary to the evidence; or (2) that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. ARGUMENT FOR REHEARING 7. A review of the record and proceedings indicate that both grounds for a rehearing exist. A copy of the hearing minutes is attached as Exhibit B. 8. The CEB'S Decision was contrary to the evidence: a. At the hearing, uncontroverted evidence was introduced regarding the taxes on the subject property. The land value is taxed at$49,000.00. There are zero improvements on the property. b. The Respondent has obtained all necessary permits from the State of Florida to operate the property. c. The Respondent is regularly inspected by the appropriate state agency in charge of such inspections. d. The notice of violation charged the Respondent as "any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building....shall first make application to the building official and obtain the required permit." e. No testimony presented at the hearing established that the Respondent owned any of the units that were allegedly in violation of the cited sections. f. Testimony was woefully lacking as to which specific units were in violation of local ordinances and the specific nature of those violations with respect to each unit. g. There was no evidence that established that this particular respondent intended to "construct, enlarge, or repair..." any of the units as is alleged in the notice of violation. 9. The CEB'S decision involved multiple errors on rulings of law, which were fundamental to the CEB'S decision: a. Section 105.1 of the Florida Building Code states in part: "Any owner or authorized person or agent who intends to construct, enlarge, alter, repair, move demolish, or change the occupancy of a building shall first make application ...and obtain the required permit." b. The respondent in the instant matter, does not own the buildings on the land in question. The testimony by Respondent established that he owns land with no improvements. The law mandates that it is the owner of a specific piece of property intending to make alterations to that property who must request the necessary permits. c. The responsibility of the mobile home owner was clarified in 2011, when new legislation was enacted regarding compliance with local ordinances, rules and regulations by mobile home park owners and individual mobile home owners. d. The creation of a new section of Chapter 723, Florida's statutes became effective on June 2, 2011. e. The three pertinent sections of the new statute are attached hereto and marked as Exhibits C (Statute 723.022),D Statute 723.023, and E (Statute 723.024), respectively. f. Pursuant to Statute 723.023, a mobile home owner shall at all times comply with applicable provisions of building, housing and health codes." g. Pursuant to Statute 723.022, the mobile home park owner is responsible to maintain and improve common areas and maintain same in a good sate of appearance. h. Pursuant to Statute 723.024, if a local government finds a violation of a local code or ordinance has occurred, the "local government shall cite the responsible party for the violation." i. Most importantly, under the new law, " a lien, penalty, fine, or other administrative or civil proceeding may not be brought against a mobile home park owner or mobile home park property for any duty or responsibility of the mobile home owner under s. 723.023." j. The "additions added to the mobile homes consisting of carports, screen porches, roof over's and living space below flood level " as found to be in violation pursuant to the Order of the Board are not the responsibility of this Respondent to correct pursuant to Florida law. k. The express language of this new section 723.024 makes it clear that the party actually violating the code will be held accountable for that violation "notwithstanding any other provision of this chapter or of any local law, ordinance, or code." I. Respondent was ordered to correct a violation of Section 2.02.03 of the Collier County Land Development Code which sates that "Any use or structure not specifically identified in a zoning district as a permitted, use, conditional use, or accessory use shall be prohibited in such zoning district" m.Testimony was presented that this recreational vehicle park was in place as early as 1956. n. Prior to 1974 the property was zoned as general retail commercial and since 1974 has been zoned as C-4. o. The State of Florida issued a permit for this property to operate as a recreational vehicle park. n. The use of the Respondents's property has been a "permitted use" for over fifty years . WHEREFORE, in light of the foregoing, the Respondent respectfully requests a rehearing of this matter. Respectfully submitted, By: Jeffry S. Perlow, Esquire 5425 Park Central Court Naples, Florida 34109 (239) 514-2910 (239) 593-1169 (fax) Florida Bar No. 354759 jeffperlow@hotmail.com CERTIFICATE OF SERVICE A copy of the foregoing was forward via U.S. Mail to Jeff E. Wright, Office of the Collier County Attorney, 3299 Tamiami Trail East, Naples, Florida 34112 on this 20th day of August, 2012. By: Jeffry S. Perlow, Esquire Iev` (Y CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD2010000704" vs. KIRK N.SANDERS, FINDINGS F FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2012,and the Board,having heard testimony under oath,received evidence,and heard respective to all all appropriate Findings of Fact,Conclusions of Law,and Order of the Board, w 'thereupon issues its ,as follows: 1. That Kirk N.Sanders is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing in person and by counsel,James Boatman, Esc. • That the Respondent was notified of the date of hearing by certified mail and by posting. 4. . That the real property located at 2280 Pineland Avenue,Naples,Florida 34112,Folios 56150200005 and 56150520002, more particularly described as Lots 9,26,27,28 and the North 28 feet of Lot 8,Block A,Los Pinos Subdivision,as recorded in Plat Book 1, Page 46,of the Public Records of Collier County,Florida is in violation of Florida Building Code,2007 Editicn,Chapter 1,Permits,Section 105.1 and Ordinance °r 04-41,as amended,the ' ,S ons10.02.06(3X1Xa), 10.02.06(BX1XeXi)and 2.02.03 in the • . .. '_ apace Below flood level with �'. r t�e,moi�ilel�omea level electrical and phimbuig ORDER O "' ` �• F THE BOARD von the:foregoing Findings of Fact and Conclusions of Law and to the authority granted in 62.Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: • That the violations of Florida Building Code,2007 Edition,Chapter 1 04-41,as amended,the Collier Co rit• d Permits;Section 1)(a and ,r Land Development Code,Sectior>510.02.06(B)(1)(a), Bx1XeXi')and 2.02.03 be corrected in the following manner. 1 Fr . 1. By obtaining any and all required Collier County Building Permits or Demolition Permits through required inspection and certificate of completion/occupancy within 120 days(November 23,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 23, 2012,then there will be a fine of$200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of - the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate `review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1/ day of 2012 at Collier County,Florida. v. COD NFORCE ): NT BOARD C • ,./�►i,FLORIDA .�/'' '` , : jib,A "' air 800 N� oe Drive Naples, .a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this_b__n'day of , 20 12,b .Robert Kaufman,Chair of the Code Enforcement Board of Collier Count Florida,who is / personally known to me or who has produced a Florida Driver's License as identification. .3� H > „' v,,"',, Notary Public a TINE TWENTE NOTARY PUBLIC ° 1e� Puohc-State of Florida My commission expires: • �! ` My Comm.Expires Jun 18,2015 ���` Commission i EE 87272 ERTIFICATE OF SERVICE x' nu,;••>' Bonded Through National Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Kirk N. Sanders,P.O.Box 24 1,Naples,Florida 34106 and to James Boatman,Esq., 1415 Panther Lane, Ste.340,Naples, Florida 34109 this 1�--uay of ,2012. / �iLt Cettcxt-eL M.Jean wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 ti Jul y 6 2 , 2012 2 1 , Case CESD20100007042, Kirk Sanders. (The speakers were duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of ordinance Florida Building Code 2007 Edition, Chapter 1, Section 105. 1, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(e)(i), and 2.02.03. Description of violation: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof-overs, and living space below flood level with electrical and plumbing without first obtaining all required building permits. Location/address where violation exists: 2280 Pineland Avenue, Naples, Florida, 34112; Folio Numbers 56150200005 and 56150520002. Name and address of owner/person in charge of violation location: Kirk N. Sanders, P.O. Box 2481, Naples, Florida, 34106. Date violation first observed: June 8, 2010. Date owner/person in charge given Notice of Violation: September 1, 2010. Date on/by which violation to be corrected: September 29, 2010. Date of reinspection: May 11, 2011. Results of reinspection: Violation rernai.ns_____.._,_A CHAIRMAN KAUFMAN: Good morning. \, MS. SCAVONE: Good morning. Michelle Scavone, (collier County Code Enforcement investigator. This case was heard before the Code Enforcement Board on July 28, 2011. The respondent requested a rehearing from a higher court, and it was granted; thus we are here today for a rehearing. I'd like to present case evidence in the following exhibits. This is going to -- MS. BAKER: There are a lot of exhibits, so I'm not sure you want us to name them all right now; if you just want to accept the Page 21 July 26, 2012 county's exhibit as a whole. CHAIRMAN KAUFMAN: Has the respondent seen those? MS. SCAVONE: Yes. CHAIRMAN KAUFMAN: Okay. We need a motion to accept those exhibits. MR. MARINO: I'll make a motion we accept the exhibits. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Okay. A site visit was made on June 8, 2010. It was observed that several mobile homes had additions and alterations such as the sheds, fences, carports, porches, roof-overs. Extensive research was conducted. No permits were found for any of the additions or alterations. Notice of Violation was mailed certified receipt on September 29, 2010. Several meetings and phone conversations have been conducted with the property owner, Mr. Sanders, explaining what the violations were and how to correct them. In conclusion, the permit is basically a permitting case, and per Collier County Ordinance 2010-04, Article IV, Section 9, notice shall be given to the property owner as listed on the tax collector's. County policy, basically, is building permits cannot be issued to anyone other than the property owner or general contractors hired by the property owner. And at this time the violation does remain. CHAIRMAN KAUFMAN: Okay. Page 22 July 26, 2012 MR. BOATMAN: Thank you, good morning. CHAIRMAN KAUFMAN: Good morning. MR. BOATMAN: I'm sorry. MS. SCAVONE: That's okay. May I present some of the evidence that was shown before? CHAIRMAN KAUFMAN: Sure. MS. SCAVONE: Okay. One is the state definitions, Florida Statute, Title 33, regulations of trade, Section 513.04, definitions, just explaining what an operator is and that they are -- of a mobile home, lodging, or recreational park. Permittee means a person who applies for and is granted permits under the chapter and who is ultimately responsible for the operation of the mobile home, lodging, or recreational vehicle park. The next one, B, what a recreational vehicle is; temporary living quarters for recreational camping, traveling. Under county definitions, the Land Development Code, 1 .08.02. Again, just pointing out just what some of the definitions of recreational vehicle, temporary living accommodations, again. The next page. MR. BOATMAN: Pardon me. May I make an inquiry, please? In terms of the introduction of evidence, am I to object contemporaneously when she presents specific evidence? Because there was an entire package of materials that was handed to you that was ostensibly made a record in a prior hearing, and the representation was that we are on rehearing. And if we were, I could not object to that which the board has already considered; however, we are not here on a rehearing. There was an appeal filed, and there was a stipulation to withdraw the prior order, and so we're -- if we are here at a new hearing, then I want to specifically object to the information coming in as it's offered. And so I just wanted to have clarification on that, because that took me -- Page 23 July 26, 2012 CHAIRMAN KAUFMAN: Could you identify yourself first. MR. BOATMAN: Yes, sir. My name is Jim Boatman. I'm an attorney here locally, and I represent Mr. Sanders. CHAIRMAN KAUFMAN: Okay. MR. BOATMAN: So I wanted to get some clarification on that. And I really hated to interrupt her presentation, but -- CHAIRMAN KAUFMAN: That's okay. MR. BOATMAN: -- this is my first time before the board, and I'm going to stumble over some protocols, and I apologize. CHAIRMAN KAUFMAN: Not a problem. Jean, is this coming back to us as a brand new case now? MS. RAWSON: You know, I didn't see the Circuit Court order. Mr. Boatman has told you that there was a stipulation to withdraw the original order and that it's a new hearing, not a rehearing. So, you know, let's see what the county says about that. Is it a new hearing, or is it a rehearing? Since we aren't at the Circuit Court. MR. BOATMAN: See -- if I may just give some context. What occurred was that my client had requested a continuance. He did -- then did not come and appear at the hearing. You decided to proceed in absentia. The argument on the appeal was that it was a deprivation of his due process. And as we discussed the merits of the appeal -- and I was not the appellate attorney, and I have come after that resolution -- the determination was made by the county that they didn't want to fight the fight in the Circuit Court and they would basically hit the reset button and come back here and have the hearing. So it's not a rehearing. The last hearing there was a deprivation of due process, so we should be starting at ground zero. That was my understanding with regard to what today is. And that shouldn't change a whole lot, but it's going to change my response to certain evidence that either was already in, because this is a rehearing, or has not yet come in because the prior hearing has basically been nullified. Page 24 July 26, 2012 CHAIRMAN KAUFMAN: Okay. Kitchell. (The speaker was duly sworn and indicated in the affirmative.) MR. SNOW: I do so swear. And not to my knowledge, I -- I won't contest what counsel's saying. It's a hearing. To my knowledge, most of this evidence has not been submitted before. A lot of this is new evidence, which could be construed as a new hearing. It's a new hearing. CHAIRMAN KAUFMAN: Okay. MR. SNOW: It's a new hearing. That's from Jeff Wright, so there's no issue there. MS. RAWSON: Well, then back to Mr. Boatman's original request. He wants to have the right to object to certain pieces of evidence. And so, in light of that, I think that probably it would be easier, since Ms. Baker told us there's a lot of evidence, that the county present the evidence one at a time so Mr. Boatman has a right to object to it. MR. BOATMAN: Thank you. I would appreciate that. CHAIRMAN KAUFMAN: Thank you. Do you want to start back from the beginning? MR. BOATMAN: Yes, sir. That would be very helpful. CHAIRMAN KAUFMAN: Okay. These are definitions that the county is providing right now? MS. SCAVONE: Correct. MR. BOATMAN: So with regard to the packet of materials that you initially tendered, that is not in evidence then? CHAIRMAN KAUFMAN: We're starting at square one. MR. BOATMAN: Square one? MS. SCAVONE: Correct. MR. BOATMAN: Okay. Thank you. MS. SCAVONE: Florida Statute, Title 23, Section 320.01, definitions. Page 25 July 26, 2012 CHAIRMAN KAUFMAN: Do you have a problem with that one? MR. BOATMAN: I do not. CHAIRMAN KAUFMAN: Okay. Next? MS. SCAVONE: Okay. Title -- Florida Statute, Title 33, Section 513.01, definitions, operator. MR. BOATMAN: For the record, I have no objection to any statute or rule being tendered as evidence. So I have no objection to that. MS. SCAVONE: Okay. We're going to go to the county definitions then. Did you want me to -- MR. BOATMAN: I have no objection to those -- MS. SCAVONE: Okay. MR. BOATMAN: -- being submitted. MS. SCAVONE: I've just got a little shuffle for a minute. Okay. Florida Building -- Florida Code of Ordinance Section 2.2004, general definitions of what a violator is. That basically is the property owner. MR. BOATMAN: No objection. CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Code of Ordinance Chapter 62. MR. BOATMAN: No objection. MS. SCAVONE: Okay. Do you want me to read these? CHAIRMAN KAUFMAN: Do you want to just throw them up for -- MR. BOATMAN: If there's any ordinances or code recitations, I have no objection to their presentation to the county. I think they're a matter of public record. MS. SCAVONE: Okay. So -- MR. BOATMAN: I'm going to be objecting primarily to photographic-type evidence. MS. SCAVONE: State Statutes -- Page 26 July 26, 2012 MR. BOATMAN: No objection. MS. SCAVONE: -- 513.05, 513.065, 513. 10, 513.112, 513. 117, and 513.118. MR. BOATMAN: No objection. MS. SCAVONE: All right. The 513.05 is basically explaining the owner's responsibility for adopting rules pertaining to the park. 513.065 basically explains that citations must be issued to the permittee. MR. BOATMAN: Yeah. I'm not objecting to the submission of these. I may not agree with the interpretation of them. But no objection. MS. BAKER: Right. We just need to go through them so the board knows. MS. SCAVONE: 513.10, any person -- anyone who operates a mobile home park has first responsibility to obtain the permit before opening the park. 513. 112 basically discusses the duty of the operation of the park, having to maintain and keep registers at all times of who's in the park. 513.117 establishes rules that are reasonable by the operator. 513.118, the operator may refuse accommodations to whom he does not want there. Okay. Mobile home manufacturing information booklet prepared by the Manufacturing Housing Section and Bureau of Motor Vehicles, Page 18. CHAIRMAN KAUFMAN: That's your first picture. No problem? MR. BOATMAN: Oh, I'm sorry, I'm sorry. I was -- can we go back to that? Oh, oh. I have no objection. That's a part of that manual? MS. SCAVONE: Correct. MR. BOATMAN: No, no objection. MS. SCAVONE: And under Page 18, explaining about mobile Page 27 July 26, 2012 and manufactured home repairs and remodeling, additions, including, but not limited to, add a -- rooms, roof-overs, porches, shall be freestanding and self-supporting with only the flash attaching to the main unit unless the added unit has been designed to be marriage (sic) to the existing unit. All additions shall be constructed in compliance with state and locally adopted building codes, what I would like to point out. At Page -- also with Rule 15C-2.0081 under Florida Statute 1A, it says the same thing, additions shall be constructed in compliance with state and locally adopted building codes. Again, this is just showing about -- our local codes have the authority. Property appraiser's aerials from 1975, '85, '89, '94, and 2012. MR. BOATMAN: No objection. MS. SCAVONE: Aerial from 1975 shows the park on, basically, a diagonal spacing. CHAIRMAN KAUFMAN: Are my eyes going bad, or is that fuzzy? MR. L'ESPERANCE: It's just you. The rest of us have no problem. MR. MARINO: Yeah, I don't have a problem with it. MS. SCAVONE: This was the first map that I was able to find. I wasn't able to find aerial sooner than that. 1985, still on a diagonal, and this is also showing that there were some alterations and additions made. 1989, 13 units. Now they are on a more permanent parking configuration. 1994, again, permanent parking configuration with additions and alterations showing. And 2012 is our current, showing that their parking is on a more permanent configuration with many additions and alterations. The Collier County zoning map. It's the current zoning of -- MR. BOATMAN: No objection. Page 28 July 26, 2012 MS. SCAVONE: -- C4. There's 37 photos of the structure on the property. Do you want me to go through each one of them? MR. BOATMAN: Yes. MS. SCAVONE: Okay. You can just show each one of them. CHAIRMAN KAUFMAN: What are we seeing, a picture of each unit now? MS. SCAVONE: You're going to see a picture of each unit with some porches, fences, sheds, add-ons, roof-overs. CHAIRMAN KAUFMAN: Let me ask a question. Are you saying that these are not in the park? Is that what you're saying? MR. BOATMAN: I'm objecting -- first of all, I would like to ask the witness to describe who took that photograph. MS. SCAVONE: I took that photograph. MR. BOATMAN: And is that photograph Unit 1, two twenty-eight eighty (sic) Pineland Avenue, Naples, Florida? MS. SCAVONE: Some of the units did not have the addresses on them, which is another -- MR. BOATMAN: The notice of hearing suggests the location of the violation is 2280 Pineland Avenue, Unit 1. To your personal knowledge, do you know whether that's Unit 1 or not? MS. SCAVONE: I do not know. MR. BOATMAN: Okay. MS. SCAVONE: The notice of violation had the folio numbers listed on there as well, which is -- encompasses the entire property. MR. BOATMAN: Okay. CHAIRMAN KAUFMAN: What I'm interested in is are these units in the park or not? MR. BOATMAN: That unit is within the East Naples Park, mobile home park. CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Within the folio numbers listed on the notice Page 29 July 26, 2012 of violation. CHAIRMAN KAUFMAN: Okay. MR. BOATMAN: That's right. And so I object to the submission of this photograph for the purpose of a determination of whether or not the use at the property is in conformance or not. The -- this notice of violation -- and this goes to my argument, but that is not relevant to Mr. Sanders. Mr. Sanders does not own that. The violator, if there is a violation, is the person who owns that unit. That's pursuant to Chapter 723. We don't hold the man accountable who's got just the pad there and the pedestal for building code violations of that unit. That's the main issue here. I'm not here to necessarily talk about each unit and whether there's violations. At the outside layer of this onion, we have some substantial due process issues. So the entire regime that's utilized by the State of Florida creates a situation where the Department of Health permits this piece of property that has pads and pedestals. They basically inspect them twice a year to make sure that his pads and pedestals are in place. And he gets violations, and he cleans them up. And he's been -- basically, this place has been operating like this since 1956, okay. It's only contracted. It's never expanded. And so if you're pointing out a mobile home that's sitting on a pad that he owns, he doesn't -- that's not his property. So why should he be here answering for that piece of property? CHAIRMAN KAUFMAN: I think you're arguing your case yet. We're trying to get into the display of the units that are there, whether they're in that park or not. MR. BOATMAN: Okay, sir. And so to the extent -- and so I won't belabor this objection next time, I'll have a standing objection to any photographic evidence that is of property not owned by my client. He owns that dirt that's sitting around there, but he doesn't own the thing which I think the county's primarily concerned about. And if Page 30 July 26, 2012 you're concerned about that thing, work with your Department of Health, and so -- code enforcement and Department of Health can get together, because the Department of Health can go violate that mobile home. So for that purpose, I would object, but I don't want to -- CHAIRMAN KAUFMAN: You're not objecting to the fact that those units or these units we're about to see are all located in that mobile park? MR. BOATMAN: Within -- correct, I am not. CHAIRMAN KAUFMAN: Okay. So why don't you go through the pictures real quickly, and they'll be admitted as evidence. MR. BOATMAN: The only thing I would like to ask, sir, is I just want to get clarification as to what Unit 1 is, because there's been only one unit that was posted with this violation, and it was Unit 1. And so I want to make sure, even if we're going to disagree as to the implication of that, that we see a photograph of Unit 1 and we know which one it is when it comes -- that will be the question. So I would only ask the officer whether that is a picture of Unit 1, to your knowledge. MS. SCAVONE: Well, as I stated before, the folio numbers are listed on the notice of violation as that's the location of violation. CHAIRMAN KAUFMAN: And all the folio numbers are unique to the individual units? MS. SCAVONE: No. It's -- there's two folio numbers; there's two properties that were joined by that -- CHAIRMAN KAUFMAN: So the folio number -- MS. SCAVONE: -- property. CHAIRMAN KAUFMAN: -- includes all of those units that are built on it? MS. SCAVONE: Correct. CHAIRMAN KAUFMAN: Okay. MR. MARINO: Could we go back to the first picture, first Page 31 July 26, 2012 exhibit? Can you do that? MS. BAKER: Which one? MR. MARINO: The first one. CHAIRMAN KAUFMAN: Before that. Is that a 2 on the corner there? MR. MARINO: That's a 2 on the corner; is it not? MS. SCAVONE: That appears to be a 2. MR. MARINO: Okay. CHAIRMAN KAUFMAN: Let's go back one more, and maybe we'll find No. 1. MS. BAKER: That is the first. MR. MARINO: That's the first one. CHAIRMAN KAUFMAN: That is the first one. MR. MARINO: That's the first one. CHAIRMAN KAUFMAN: There was actually a picture. MS. SCAVONE: After I submit the photographs, I can further explain that there have been changes in the park that -- from 1956, that some of the structures were not there as they are now. And, again, as I said, many of them do not have a number listed on the unit. CHAIRMAN KAUFMAN: Okay. MR. BOATMAN: Is this the second or the third photograph? MS. SCAVONE: This would be the -- MS. BAKER: This is the fourth page. MS. SCAVONE: Fourth page. MR. BOATMAN: Well, I was asking the second page of photographs, after unit -- or after the photograph that depicted the two, I had asked you a question that I think was pending, and that was, do you have personal knowledge whether that unit right there is Unit 1? MS. SCAVONE: No, I do not. MR. BOATMAN: Okay, thank you. I would object on the same basis I previously stated. MS. SCAVONE: Now, this is, you know, again, just showing Page 32 July 26, 2012 the roof-overs and additions, porches. MR. BOATMAN: Could -- are you -- like, what number -- these don't go in the order that you -- could you show me now again the pictures that have been submitted into evidence? Because it seemed like things were flashing, going. How many pages -- MS. BAKER: Five -- this is the fifth page. MR. BOATMAN: Yeah. I want to ask a question for each page, if that's okay. So right now I've asked two questions, so there's two that I've had objections for. So if we could go to the third page of pictures. That one we took care of. MS. BAKER: That's the third page. MR. BOATMAN: Yes, ma'am. So the next page. Okay. Before this is submitted, I would just like to ask you -- because I don't think you testified to anything about it previously. Do you have personal knowledge as to whether that's Unit 1? MS. SCAVONE: No. MR. BOATMAN: Okay, thank you. That's it. I have objection based on the articulation previously. Okay. Same question. MR. SNOW: If we may, can we stipulate that we don't have any knowledge of what's Unit 1, specifically, so we can move this forward? CHAIRMAN KAUFMAN: Right. MR. SNOW: Is that -- CHAIRMAN KAUFMAN: Yes. MR. BOATMAN: Okay. So I have a standing objection to the pictures on the basis that they don't demonstrate Unit 1. CHAIRMAN KAUFMAN: Right. MR. SNOW: If I may clarify. We're not stating it doesn't represent Unit 1; that Unit 1 may not be identified strictly by the photographs. It may not have a number on it. That doesn't mean Unit 1 does not exist. We're just stating for these photographic evidence, Page 33 July 26, 2012 these are just examples of the additions that have been made in the park and the construction -- that illegal construction's been made without permits. CHAIRMAN KAUFMAN: Correct. MR. SNOW: That's all -- that's all we're doing. CHAIRMAN KAUFMAN: My concern is, as far as objections are concerned at this point, these units are either in the park or they're not. That's what I would like to know. If you object to them being shown as evidence because they're not in the park, that's an objection I would like to hear. MR. BOATMAN: No. To my knowledge, and based upon the package that I've received, all of these units are, in fact, in the park; however, their owners aren't here. So that's the gist of my problem with the pictures. CHAIRMAN KAUFMAN: Okay. MR. BOATMAN: Okay. MR. SNOW: Sir, for clarification, the owner of the park is here and the representative of the property that is responsible for the park is here. CHAIRMAN KAUFMAN: Okay. I assume, Mr. Snow, that that is the individual standing over here? MR. SNOW: That looks to be Mr. Sanders, yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINO: Can I ask a question? CHAIRMAN KAUFMAN: Sure. MR. MARINO: So he owns the park. He owns the slabs. He does not own the individual units. And you're saying that he's not responsible for those units; is that what you're trying to say? Is that what we're trying to get to? MR. BOATMAN: Yes, sir. MR. MARINO: But he does own the park and manages the park and is responsible for the park? Page 34 July 26, 2012 MR. BOATMAN: There is a Florida Statute that sort of steers that analysis, but that's right. Our contention is, he does own one of the units in the park, but not all of the units in the park. MR. MARINO: But he owns the park, the property, the slabs -- MR. BOATMAN: The slabs. MR. MARINO: -- and doesn't own -- but he's responsible for the entire property and what goes on in the entire property. He's, like, the manager/owner, is that what it is? MR. BOATMAN: That's right, that's right. MR. MARINO: I need that clarification. So he it responsible for it, okay. MR. BOATMAN: Yeah. He operates under a state permit. CHAIRMAN KAUFMAN: Okay. Are we finished with the units or what? MS. SCAVONE: No. Can you bring the one -- the last one back. This is a bus that would not be under the definitions of a mobile home trailer that you would live in. Again, these are carports and porches without permits. Carports and permit -- without permits. Porches, no permits. Fence without a permit. Porches, carports, no permits. Fence. Again, same picture. There's porches without permits. Attachment to the back. That's one of the wider views of the park. And sheds without permits. That's, again, a wider view of the park road. Okay. CHAIRMAN KAUFMAN: That's the extent of the photos that you have? MS. SCAVONE: For the photos, yes. CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Also, into evidence, Collier County zoning ordinance from 1965. Basically, it's just to establish in history that permits were required on Page 28. Number 7 stating that a permit shall be required for installation of a mobile home or trailer and the construction of any structure, appendix thereto. It's just, again, like I Page 35 July 26, 2012 said, for history reasons that we've always required permits. MR. L'ESPERANCE: Who is responsible for obtaining that permit? MS. SCAVONE: The property owner. The next exhibit is the State of Florida health records. And, again, this is just for historical reasons, that it was the original permit for the application to operate a tourist trailer camp located at the East Naples Trailer Park, October 1965 -- I'm sorry, '56. CHAIRMAN KAUFMAN: It's hard to read that. MS. SCAVONE: Next exhibit is case law opinion of the Florida Attorney General Pam Bondi, the second to last page. And just basically, again, it is explaining her opinion of serving the property owner notice on parks such as this. Do you want me to read it? CHAIRMAN KAUFMAN: Just read No. 11. I can -- MS. SCAVONE: Thus, it would appear that local code provisions defining a violator to include the owner of the property owner which code violations exist would not be preempted or conflict with the terms of Part 1, Chapter 162, Florida Statute. CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Case evidence, Land Development Code, Chapter 9, just explaining, basically, how to get permits on nonconforming properties and that they are required. And lastly is our code violation determination from our building official and chief structural inspector, and this is basically just being used as collateral evidence of our opinion that there is a violation that exists on the property. If -- and also that if the owner wants to keep structures in place, all necessary permits shall be applied for from the Department of Health and the building department, or the applicant wants to remove any work which was done without a permit, a demolition would be required. Page 36 July 26, 2012 MR. BOATMAN: May I ask a question, briefly, regarding that, before I make an objection? CHAIRMAN KAUFMAN: Sure. MR. BOATMAN: Was there an inspection done by the • gentleman that signed that paper of the subject property? MS. SCAVONE: They do their investigations. I don't know what they do on their end. This is our determination, which I would assume that he's done his due diligence. MR. BOATMAN: Okay. I would object to that opinion being brought in without my opportunity to cross-examine the person regarding their opinion. CHAIRMAN KAUFMAN: Okay. MR. SNOW: If I may. This is just corroborating our opinion. This is not hearsay evidence. We're allowed to submit this. It's just corroborating what we have suggested, what we presented. It's not hearsay. Other testimony probably is not needed in this venue because it's just corroborating. We can submit that. That's all this is. CHAIRMAN KAUFMAN: Okay. MR. BOATMAN: I stand by my objection. CHAIRMAN KAUFMAN: Okay. MS. SCAVONE: Okay. And I'd just like to ask the property owner some questions, Mr. Sanders. CHAIRMAN KAUFMAN: Sure. MS. SCAVONE: Mr. Sanders, you are the property owner? MR. SANDERS: Yes, I am. MS. SCAVONE: Okay. MR. BOATMAN: I object. What property are you asking about? MS. SCAVONE: You are the property owner of Folio No. 5615020005 and 56150520002; location: 2280 Pineland Ave., Naples, Florida? Page 37 July 26, 2012 MR. BOATMAN: Just the real property, not the personal property? MS. SCAVONE: That -- as the property owner of those folio numbers. MR. SANDERS: Yes, I am. MS. SCAVONE: Do you receive income from any of the tenants to that property? MR. SANDERS: Yes, I do. MS. SCAVONE: Okay. And do they pay on a weekly or monthly rent cycle? MR. BOATMAN: I would object to the relevance of this line of questioning. MS. SCAVONE: Okay. I'm just trying to determine that he has control over the property and what he subjects to what's going on, on the property. Do they have your permission to be at the property, the renters in the trailers? MR. BOATMAN: I would object, but you can go ahead and answer. MR. SANDERS: If we object, we object. MS. SCAVONE: Do the tenants that are on -- that are living in the mobile homes on the property, do they have your permission to be on that property? MR. SANDERS: Yes, yes. MS. SCAVONE: Yes. Okay. So you -- if there were any benefits -- you would be able to control what's going on in that property as the property owner, correct? MR. BOATMAN: I would object. That calls for a legal conclusion. MS. SCAVONE: Okay. Again, I'm just trying to determine that he does have control over what's going on, on the property. CHAIRMAN KAUFMAN: Do you have any other questions? Page 38 July 26, 2012 MS. SCAVONE: I don't have any questions at this time. CHAIRMAN KAUFMAN: Okay. Do you have a question? MR. MARINO: Do these people have leases with you? MR. SANDERS: Yes. MR. MARINO: Monthly, PLE? MR. SANDERS: I think we just objected to that. They're actually annual leases. MS. SCAVONE: So. CHAIRMAN KAUFMAN: County's -- MS. SCAVONE: At this time the violation does remain. Did you want to hear the recommendation? No, okay. CHAIRMAN KAUFMAN: Okay. Try to keep this as simple as possible. MR. BOATMAN: Trust me, you don't know how much time I've spent trying to keep it simple. But, really, from a real property and from a governance standpoint, it's really an interesting and fascinating issue. And whenever you hear an attorney say that, it's bad news for whosever got to listen or who's got to pay, for that matter. But in the simplest terms, here's what we're dealing with. Mr. Sanders has been brought before this board as an owner of a piece of real property that's permitted through the state. There are things that are situated on the property. It's the things that are situated on the property that the county is unhappy about. And there's a disconnect between the ownership and regulation of this versus this. In a nutshell, that's the issue. So even if Mr. Marino or somebody else -- really, they've looked at the pictures, they kind of -- they've just got a feel in their bones that there's something wrong here; even if this is the right thing to do, it's not being done right. That's kind of the gist of where I am. So before I can even get to the stage of peeling the layers of the onion on the relative codes and whether this is an RV, they're just Page 39 July 26, 2012 calling it a mobile home. They're RVs. If you look at the state permit, it's all permitted RVs. The state looked at it six months ago, and they're all RVs. Case law suggested if you take an RV and you start attaching stuff to it, I don't care if it sits there for eight years and sinks like this into the ground, you don't change it into a mobile home. You'll see that case in our materials, and it's Sunshine Key Association versus Monroe, and I think it's an important place to start. In that case, which is a Third DCA case, the Court is reasoning. And it says the following thing: As conceded by the park, some owners had affixed sheds, porches, and other attachments to their vehicles inhibiting their road-ready capabilities. I think we've seen that that's occurred at the park. This explains why at on-site inspection the trial judge observed vehicles which she concluded were not readily movable. However, as the park points out, if classified as RVs, these additions would be code violation by the individual owners and, thus, should not be determinative of the classification of these vehicles when not so encumbered. So it goes back to let's get the right party before this board; that way we don't have to go through an appeal and all the other stuff. Let's just back off, figure out who the unit owners are, and then it also improves the process, because there are several of these situated. One of them might have a relatively modest bit of renovation or modification to be done for it to be compliant. Another may have to just go altogether. But it does no good to paint with these broad brush strokes, as has been done over here. And I understand. They -- they're dealing with this big onion, as I am, and they're doing the best they can, and they',ve been very professional in the undertaking in terms of my interaction with them. But I think we need to step back and do it the right way so that Page 40 July 26, 2012 we don't get into a situation where you're trying to correct things, but we've started out on such a wrong foot that, from a legal standpoint, it's not enforceable. That doesn't do anybody any good. The state already kind of saw this coming, because where all this drives from is a public policy. Public policy was that we want people with RVs to come into the state and be able to drive from county to county and not have to deal with this localized sort of, well, that's not how we do it in Lee County. You can't do that. So once you have your permit with the state and your pad and your -- these guys are inspected every six months. I mean, I don't know many businesses -- well, there's several businesses that are inspected -- but property owners are inspected every six months. As part of your package, you will see -- the package that I've given you -- MS. BAKER: Mr. Boatman, we have to admit that into evidence. It hasn't been given to the board. MR. BOATMAN: Oh. It's been distributed, but not -- oh, okay. MS. BAKER: It hasn't been distributed to them. MR. BOATMAN: My bad. So let me lead you through some of that so you can see that there's a state observer in this situation, and they are vested by the legislature with the responsibility of making sure his pads and his part of the fee simple is compliant, okay. On top of that, they have specific preemption language in Chapter 513 that says, if there's any issues vis-a-vis the landlord and the tenant in a RV or mobile home situation, counties, you can't get involved at all. State preempts that. That gets into the very issue where she was inquiring, couldn't you hold these people enforceable -- accountable? It's not for him to do that, and the state has made a specific regime for that not to occur, because if that occurs, all of a sudden -- the county violates him, and now he's got to be the county code enforcement person in kicking the people out. That's not how it's supposed to be. It's supposed to be the Department of Health, through Page 41 July 26, 2012 assistance with code, if code is relative, and they're supposed to violate the specific -- either it's -- most of these are motor vehicles. They have DMV tags on them. They're not real property. And you can't change them into being real property just by adding stuff onto them. That's what the case law says. CHAIRMAN KAUFMAN: Are you saying that these vehicles are registered? MR. BOATMAN: I'm saying the county has not put on any evidence to suggest they are or they aren't. It is my understanding that -- we can testify that at least certain of them are registered. Is that accurate? MR. SANDERS: Yes. CHAIRMAN KAUFMAN: And what I hear you saying is that the owner of the park is responsible for the slab, but what -- but not what's on it. MR. BOATMAN: Right. The person drives up, and they plug into electricity. They have a plug that they plug in; they plug into sewage. It's just like a campground. That's all -- this is -- these are just glorified campers that have been sitting there so long that they've sort of molded into their environment, but that was -- CHAIRMAN KAUFMAN: When was the last time one of them was moved out of the park? MR. SANDERS: 2010. MR. BOATMAN: 2010. CHAIRMAN KAUFMAN: Okay. So they've been there since that time? I have a question regarding taxes on this. Obviously, square footage has been added to these units. I'm not getting into who's responsible for it, but I'm assuming that if square footage has been added, there should be a taxable amount that comes with that. Jean, would you say that the county looks at that, they don't look at that? MS. RAWSON: I don't know whether the county looks at it or Page 42 July 26, 2012 not but, you know, you can ask the respondent about the taxes on the property. MR. BOATMAN: Mr. Kaufman, if I may -- CHAIRMAN KAUFMAN: Sure. MR. BOATMAN: -- assist your analysis. Okay. I would like to go ahead and submit my first exhibit, which is the top page in the materials you've been provided. MS. BAKER: They haven't been provided yet. MR. BOATMAN: That they haven't seen yet. I apologize. I'm slow. MS. BAKER: But they've got to -- do you want to submit the whole packet as a whole? They can accept the whole packet as evidence. MR. BOATMAN: That would be good, unless these guys are going to give me a hard time like I gave them. MS. BAKER: The county's already seen it, and they have no objection. MR. BOATMAN: Oh. MS. SCAVONE: No objection. MR. BOATMAN: Okay, thank you. CHAIRMAN KAUFMAN: So I'll make a motion to accept the packet. MR. LAVINSKI: Motion to accept the packet. MR. MARINO: Second. CHAIRMAN KAUFMAN: We have a motion, a second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 43 July 26, 2012 CHAIRMAN KAUFMAN: Okay. MS. BAKER: Would you like me just to put them up on the screen? MR. BOATMAN: That would be very helpful, Jen. I appreciate it. MS. BAKER: Which -- the first page. MR. BOATMAN: Yes, ma'am. MS. BAKER: The property appraiser? MR. BOATMAN: Yes. Okay. This document is, obviously, a public record. Everybody probably recognizes what that is. It defines the tax situation, the property-tax situation on the lot. And as you will see, there's a land value of forty-nine, five. The improved value is zero. There's no improvements on this land. It's the same with the other folio. We thought we had both folios. But it's a matter of public record. There is zero improvements. To further support that position, if you will go to the email from Ernie Kerskie, which is just a couple pages away, which I would like to submit as my second. Relatively early on in this undertaking when my client was really trying to figure out why have I been -- why has this park been here since '56 and all of a sudden -- he was trying to orient himself to the viability of the code enforcement action, and he was looking for assistance by Ernie Kerskie. The property appraiser response, after listing the folio numbers -- and this is in the third full paragraph -- the properties are both assessed as vacant and the improvements, parenthetical, mobile homes, are considered motor vehicle. So this gets back to this. We're here really talking about this. As soon as we start talking about this, we need to talk to somebody else. These -- his property is vacant land as far as the county's concerned, and they know what's there, as far as the taxing authority's concerned. And I just wanted to address that, because I thought that was what you were asking about. Page 44 July 26, 2012 MR. L'ESPERANCE: Does your client only own one of the units? MR. BOATMAN: To my knowledge. MR. SANDERS: Yes, sir. MR. L'ESPERANCE: You do not own any of the other units? MR. SANDERS: No. MR. L'ESPERANCE: They're all individually owned by different people? MR. SANDERS: They're all individually owned, yes, sir. MR. L'ESPERANCE: Do you have common restrooms or laundry facilities, a permanent fracture? MR. SANDERS: No, sir, because it's under the 25 units; it's not required. MR. L'ESPERANCE: Thank you. CHAIRMAN KAUFMAN: Are there any children living there in the park? MR. SANDERS: Yes. CHAIRMAN KAUFMAN: Do they attend school? MR. SANDERS: Yes. CHAIRMAN KAUFMAN: Do they pay school taxes? MR. SANDERS: I don't know what they pay, other than under property taxes. I just pay the real property taxes. I'm responsible for the real property from what I understand, and each individual property owner is individually assessed their own taxes on their license plate or the decal sticker. CHAIRMAN KAUFMAN: So there's a community there that has men, women, and children living there that pay no taxes; no school taxes, no real estate taxes, but they are provided all the services that Collier County offers; am I correct in that? MR. BOATMAN: I would suggest not, sir. The State of Florida recovers taxes on these RV parks. And it's my understanding that the county does receive funding from the State of Florida. And in this -- Page 45 July 26, 2012 the trajectory of this analysis is a public policy analysis and if -- that's not one that's going to yield a good outcome, I would suggest. Because if that were the case, you would have local governments squeezing out the mobile home units in parks, and that gets into a real difficult situation with regard to Chapter 513 and Chapter 723. CHAIRMAN KAUFMAN: Yeah, I'm not trying to do any analysis. I'm just asking questions. MR. MARINO: I have a question. CHAIRMAN KAUFMAN: Question. MR. MARINO: The people that are living in those particular units, do they own those units or they lease them from somebody else? MR. SANDERS: That I'm really not positive of. MR. MARINO: Well, I think he should know. CHAIRMAN KAUFMAN: What are the rules that govern -- MR. SNOW: Gentlemen, let's focus on the issue at hand, okay. We have a property. Any property, whether it's multiple units or single units -- and let me make a clarification here where counsel's trying to lead you. All the state does is regulate operations of that park. That has to do with electric, that has to do with -- make sure the trash is picked up, that has to make sure -- that's making sure that the electric is the way it should be. They have nothing to do with our local codes. If it was a singular property or there's one or two units on a property or it's multifamily, it still requires building permits. That's the issue. It doesn't matter who owns it. He owns the property where those mobile homes sit. That's the issue. We don't know who's in those mobile homes. We don't know if the owners of those mobile homes rent them to somebody else. They're on his property. State statutes dictate he's responsible. Pam Bondi, who's the attorney general for the State of Florida, says that we can serve him. These folios are owned by him. I don't understand what the contention is. Page 46 July 26, 2012 Every -- even if you rent a home, you rent a home to somebody, you have a tenant there, you're still responsible. The only person that can pull a permit for a property is with the authorization of that property owner or a contractor that's been authorized by that. That's it. That's it. He's on the rolls of the tax -- from the tax collector as the responsible party for paying taxes. Thank you. MR. L'ESPERANCE: Mr. Sanders, your leases that you have for these individual units, are they with the individuals, the tenants living in the units or the owners of the RVs? MR. SANDERS: It would be the individual tenants. MR. MARINO: Who's the tenant? What's the definition of a tenant? Is it the person -- the tenant that owns -- the person that owns the -- I need this for my own clarification. The person that owns that mobile unit, is he the tenant, or is the person living in the unit the tenant? MR. SANDERS: I would believe the person living in the unit would be the tenant. MR. BOATMAN: So just to understand, is your tenant the owner of the thing that's -- is the owner of this your -- the person you do business with? MR. SANDERS: You know, I believe it could be, but it doesn't necessarily mean it is, because if you borrowed a vehicle and moved it in, that -- and I rented you a space -- MR. BOATMAN: So you're just -- MR. SANDERS: -- I don't really know who owns the unit. MR. BOATMAN: Okay. So he's just renting out the pad, and so he doesn't necessarily know who owns the motor vehicle sitting on the pad. MR. MARINO: Don't you think that he should know? MR. BOATMAN: Well, there's no -- MR. MARINO: The violations and everything else, don't you Page 47 July 26, 2012 think he should know? MS. SCAVONE: According to the state statutes, the rolls, that he's supposed to know who's registered in that park. MR. BOATMAN: Well, he knows who's registered in the park. It's the person who's renting the unit from him. MS. SCAVONE: Again, I'd just like to bring back the attention that we're talking about additions and alterations; not that specific mobile home, but the additions and alterations that were attached to those mobile homes that are on the ground; where, as I stated before in 15C-2.0081, that, you know, any additions and alterations, they have to be freestanding, and they are locally -- have to be in compliance with state and local codes. CHAIRMAN KAUFMAN: Let me just -- this is not the first mobile park that we've heard. As a matter of fact, one -- I remember a case that's no more than a mile away from here. And our major concern with that was electrical. If a violation, a safety hazard exists, you're saying that he has no responsibility for it? MR. BOATMAN: He may. If the -- for instance, if in one of his pedestals where there's a plug-in that's state defined in terms of how this pedestal's presented, if he -- if the state walks through there the next time, which will probably be in two months, and they don't like the way the pedestal's configured or there's an issue, they tell him to clean it up. One thing that I would like to add at this juncture to my evidence is -- the top of it says the State of Florida Department of Health, county health department, and it's a stapled number of pages together. We just picked some random samples of some Department of Health inspections of the property. See, there is somebody -- one of the things that it would appear that you're concerned with is this notion that if we don't do something and something terrible happens, it's going to be back on our plate. The something terrible happens vis-a-vis this gentleman is the Page 48 July 26, 2012 pads and the pedestals. And the state -- the Department of Health even looks at issues beyond that. If you look at the front page of it, for instance, comments and instruction: Remove sink and refrigerator from carport, remove plywood and propane tanks. And they go through and they do a physical inspection. And it also includes a review of the electrical components of the pedestal. Now, if the people that drive up there and plug something in and do something with their unit that's not lawful, pursuant to Florida Statute 723.023, which is entitled "mobile home owner's general obligations" -- we're not conceding that these are even mobile homes, but if they are, then let's look at that statute. That statute specifically says that mobile homeowners shall comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes. The buck is supposed to stop with the people that own it. He is not -- it's not supposed to become a mini fiefdom. You can imagine why that is the case, because you could have a heavy handed -- see, we're kind of looking -- these policy decisions are made from these global perspectives, and you have all of these interests coming in, and you find this balance. If it was, in fact, his obligation to take the baton from you and beat these people into submission, you can see how that could be abused. You would be empowering him, in fact, to suggest to people you have to do X, Y, and Z. You have to pay me, you have to do -- that's what they didn't want to have happen. And so they gave the obligation directly to the owner to take responsibility for that vehicle, and if they don't, guess what, the state comes and tows it out of there or they lose their right to have it. And so 723.024 goes on to suggest that if a unit of local government finds that a violation of local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation. A lien, penalty, fine, or administrative or civil Page 49 July 26, 2012 proceeding may not be brought against a mobile park owner for violations by the -- of the duties of the mobile home owner. I mean, that's Chapter 723.024. They've already thought about this very conundrum that we're facing. MR. L'ESPERANCE: May I pause you there for a moment? MR. BOATMAN: Yes, sir. MR. SNOW: Gentlemen, hold on -- MR. L'ESPERANCE: At the bottom of this page, it says "mail to owner." Who is the owner? MR. BOATMAN: Of what page? MR. L'ESPERANCE: The page that's on the screen. Who's the owner that they mailed that to? MR. SANDERS: That would be me. MR. L'ESPERANCE: They mailed these findings to you? MR. BOATMAN: That's right. MR. L'ESPERANCE: For an individual unit? MR. SANDERS: This was for the trailer park, East Naples Trailer Park. It's a health inspection, and on the -- MR. SNOW: Gentlemen, all that is, is an operational inspection. It has nothing to do with any health and safety issues that are prevalent with unpermitted additions. Any rental property in unincorporated Collier County, the property owner is responsible, but this is no different. This is no different than any other mobile home park we've been through. The property owner is responsible. He's on the tax rolls as paying the taxes for this property. Whatever happens on that property, he's responsible for. The statute dictates that. Statutes -- there's precedence all over that said that the property owner's responsible, and that's what we're talking about here. We're talking about illegal additions, period. MR. L'ESPERANCE: My next question is for Jean. MS. RAWSON: Yes. Page 50 July 26, 2012 MR. L'ESPERANCE: I think you want to perhaps -- you look like you've got some recommendations that you might want to give us. MS. RAWSON: Well, this is a very interesting case, and -- MR. L'ESPERANCE: Yes. MS. RAWSON: -- I can't tell you guys how to rule. MR. L'ESPERANCE: True. MS. RAWSON: You're going to have to decide whether he, as the owner of the -- as Mr. Boatman called it -- the dirt is responsible for the persons who own -- which is probably personal property, because they're RVs -- if he's responsible for their violations as the owner of the dirt. I mean, that's really what it comes down to. The county is telling you, yes, he is. This is no different from any of the other mobile home cases that you've heard. So you can wrestle with that decision. There are good arguments on both sides, but I can't tell you how to rule. MR. L'ESPERANCE: Understand. Is this the correct venue for that consideration? MS. RAWSON: You have to decide -- your duty as Code Enforcement Board is to decide whether or not there has been a violation of this ordinance as cited and -- it's more than one. The -- he's being charged with having approximately 12 mobile homes installed with several additions added to the mobile homes consisting of carports, screen porches, roofs-over, and living space below flood level with electrical and plumbing without first obtaining all required building permits. That's the Statement of Violation. So you have to determine whether or not Mr. Sanders, as the owner of these -- this property that's in these two folios, is the violator. MR. L'ESPERANCE: Thank you. MS. SCAVONE: May I ask a question? I just wanted -- the evidence as presented up at the board right now, that you are inferring that, Mr. Sanders, you were the property owner that received this Page 51 July 26, 2012 report from the health department? MR. SANDERS: Yes. I'm regulated under the department of health. MS. SCAVONE: And you would regulate the item numbers at the bottom for each individual unit, that they would come into compliance with the state? MR. BOATMAN: I would object to the question, because the question presumes that these are associated with individual unit items. I object to the premise. MS. SCAVONE: I'm trying to determine who the -- it says mailed to the owner, and at top it says owner, Kirk Sanders. Is that inferring -- MR. MARINO: Well, I have a question on that, but to the bottom of the page. We've got violations here with things being built and everything else. You've got Item 20, replace missing skirting on -- I guess that's Unit 9, 13 and 7. If you replace the floorboard or a piece of wood, you need a permit for that. Who is responsible for replacing that missing skirting on those mobile units, and who does it? MR. SNOW: It wouldn't require a permit. MS. SCAVONE: The mobile units are per HUD standards built, and we don't regulate what's going on. We're talking about what's on the real property is what -- the things that -- needing permits, and additions. MR. L'ESPERANCE: Keep on going. I see where you're going. MR. MARINO: You know where I'm going? CHAIRMAN KAUFMAN: Yes, make a motion. MR. MARINO: Who takes care of all these -- who takes care of all these violations that you've got, the -- you as the owner of the property or the person that is renting that pad or leasing that pad? You've got "remove sink and refrigerator from carport." That's just a removal. You can remove plywood, but you've got things here that need to be replaced, which needs a permit to do that. If you're Page 52 July 26, 2012 replacing a poster on a banister or a railing, you need a permit. MR. SNOW: No, it's below a certain amount of money, Mr. Marino. No, you wouldn't have to do that. What we're trying to do is -- is from this report -- this report suggests that there's individual properties that have been -- that he's been cited for. We're trying to suggest that he is responsible for correcting those violations which -- from the state. The state doesn't regulate anything but operations. Again, this is a rental property. It doesn't matter how many units are on it. It's a rental property. The property owner's responsible. Now, there's a contention by council that these are all recreational vehicles. I would suggest they're not all recreational vehicles. I think there's some, but there's mobile homes on there, and there's manufactured homes on there. So I think that contention is not fully accurate either. MR. LAVINSKI: Mr. Chairman, I make a motion we close the public hearing on this. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. I think we've talked this to death right now, and -- MR. LAVINSKI: Mr. Chairman, I'd like to make a motion, based on all the facts that I've seen and the statutes, that there is, in Page 53 July 26, 2012 fact, a violation on this property as stated. MR. L'ESPERANCE: I would second that motion. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay. You know you're -- we find you in violation, and you know what the next steps are better than we do. MR. BOATMAN: Thank you, sir. May I ask at this juncture to just proffer my last pieces of evidence into the file? CHAIRMAN KAUFMAN: Sure. MS. SCAVONE: May the county make a recommendation? MS. BAKER: Hold on. Jean, can he enter evidence after the public hearing is closed? MS. RAWSON: They'd have to re-open the public hearing in order for him to do that. He wants to make a proffer, but you have to re-open the public hearing because you've closed it and you already made the -- MR. L'ESPERANCE: Is this a verbal proffer or a simple documentation offering? MR. BOATMAN: I was just going to submit the documents that I had. And I didn't know we were wrapping up, so -- just -- I felt like the door just shut, and I want to make sure I slip in -- MR. L'ESPERANCE: So there'll be no argument with the proffer of the documents? MS. RAWSON: Well, I could be mistaken. The court reporter Page 54 July 26, 2012 will tell me if I am. But I believe he introduced the whole packet and you accepted it, so it's all -- MS. BAKER: Yes. MR. BOATMAN: Thank you, Jean, for that clarification. MR. L'ESPERANCE: Thank you very much. MR. BOATMAN: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BAKER: Would you like the recommendation, Mr. Chair? CHAIRMAN KAUFMAN: Yes, we would. MS. SCAVONE: Okay. The Code Enforcement Board orders that the respondent pay all operational costs in the amount of $81.43 incurred in the prosecution of this case within 30 days and abate all violations by obtaining any and all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy within X amount of days of this hearing or a fine of X amount a day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to -- the costs are 41 -- 81.43? MS. BAKER: Correct. CHAIRMAN KAUFMAN: So we're looking for a time and fine. MR. LAVINSKI: Yeah. I'd like to make a motion that the administrative costs of 81.43 be paid within 30 days, that the compliance occur within 120 days of this hearing, or a fine of $200 a day be imposed for the violation. CHAIRMAN KAUFMAN. Okay. We have a motion. Do we Page 55 July 26, 2012 have a second? MR. MARINO: I'll second that. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay. MR. BOATMAN: Thank you, gentlemen. CHAIRMAN KAUFMAN: Okay. Thank you. MS. SCAVONE: Thank you. MR. L'ESPERANCE: Short break, sir? CHAIRMAN KAUFMAN: Yes. We're going to take a 10-minute break. Be back at 45. (A brief recess was had.) CHAIRMAN KAUFMAN: Code enforcement is back in session. MS. BAKER: Okay. Mr. Chairman, we have -- the next cases are No. 2 and No. 3 on the agenda, and the cases go hand in hand, and we had thought that we'd present these cases together; however, we have one respondent from one case and no respondent for the other case. So it's the same testimony for both cases. CHAIRMAN KAUFMAN: Okay. MS. BAKER: He just will be speaking on one of the property owner's behalf. CHAIRMAN KAUFMAN: Okay. And then we'll vote separately on the individual cases. MS. BAKER: Yes. Okay. So I'll call the cases. The first is No. 2, Case CESD20120000114, Olympia Park RTL Building Page 56 July 26, 2012 Development, LLC, and No. 3, Case CESD20120000116, VP Office Holdings, LLC. And we will read each Statement of Violation as well for both cases. (The speakers were duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of ordinance Collier County Land Development Code 04-41, as amended, Section 6.06.03(A). Description of violation: Failure to install streetlight at north entry/exit at Vanderbilt Beach Road. Location/address where violation exists: 2400 Vanderbilt Beach Road, Naples, Florida, 34109; Folio No. 64630000021. Name and address of owner/person in charge of violation location: Olympia Park RTL Building Development, LLC, P.O. Box 25965, Shawnee Mission, Kansas, 66225, care of registered agent, R&P Property Management, 265 Airport Road South, Naples, Florida, 34104. Date violation first observed: January 4, 2012. Date owner/person in charge given notice of violation: January 19, 2012. Date on by/which violation to be corrected: February 13, 2012. Date of reinspection: May 24, 2012. Results of reinspection: Violation remains. CHAIRMAN KAUFMAN: Could you give me the last three digits case number on the first one. MR. MARINO: 114. CHAIRMAN KAUFMAN: 114? MR. MARINO: Yeah. CHAIRMAN KAUFMAN: Did I hear you say 21, or I'm listening to a different number? MS. BAKER: No. CHAIRMAN KAUFMAN: Okay. And the other 116. MS. CRAWLEY: VP Office Holdings, LLC, CESD20120000116. Page 57 July 26, 2012 CHAIRMAN KAUFMAN: Got it, okay. MS. CRAWLEY: Violation of ordinance Collier County Land Development Code 04-41, as amended, Section 6.06.03(A). Description of violation: Failure to install streetlight at north entry/exit at Vanderbilt Beach Road. Location/address where violation exists: 2244 Venetian Court, Naples, Florida, 34109; Folio No. 237600008. Name and address of owner/person in charge of violation location: VP Office Holdings LLC, 4600 Enterprise Avenue, Suite A, Naples, Florida, 34104. Care of registered agent: Richard L. Armalavage, 2240 Venetian Court, Naples, Florida, 34109. Date violation first observed: January 4, 2012. Date owner/person in charge given notice of violation: January 17, 2012. Date on/by which violation to be corrected: February 13, 2012. Date of reinspection: May 24, 2012. Results of reinspection: Violation remains. CHAIRMAN KAUFMAN: David? MR. JONES: Good afternoon. MS. BAKER: Good morning. MR. JONES: As I explained -- good -- thank you. As I explain further, you'll see how these two cases coincide. CHAIRMAN KAUFMAN: There's two separate lights, by the way? MR. JONES: No. It's just one light. So at the southwest corner of Airport Road and Vanderbilt Beach Road there's a PUD known as Olympia Park PUD, Walgreens PUD, and there was another one. Anyway, there's an entrance/exit at this PUD, and the entrance/exit butts up to Vanderbilt Beach Road. And according to the Collier County LDC, a streetlight needs to be installed at all street entrance intersects. Page 58 July 26, 2012 This Olympia Park Boulevard happens to be a shared access agreement between Olympia Park, which the gentleman here is representing, and Venetia PUD. So that's why they're together. If one doesn't do it, they're both at fault for not having the streetlight there because it's a shared access agreement between the two of them, and that's the gist of the case. CHAIRMAN KAUFMAN: It's like a marriage. MR. JONES: Yes, yes, very much. CHAIRMAN KAUFMAN: Okay. We'll try the husband first, and then we'll go to the wife. MR. CARROLL: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. CARROLL: On behalf of Olympia Park, we want to thank you and let you know that the board -- the board was put into place in the spring of this year. As such, they were handed two lawsuits internally at the same time. CHAIRMAN KAUFMAN: Let me stop you for one second. Could you just give your name for the record. MR. CARROLL: Oh, sorry. Glenn Carroll, R&P Property Management, property owner. CHAIRMAN KAUFMAN: Great, thank you. MR. CARROLL: What the board is requesting is some time. We have been working with David trying to contact the other party. Our revenue was cut in half due to one of the lawsuits for the distribution of maintenance fees. In addition, we also had a delinquency and are now served with an additional lawsuit that we're defending. So, financially, we don't have the resources to put or even attempt to put a streetlight up, but what the board wants to do is to see if we can find the "wife" and work together to come together with some kind of financial means with which we can do this. We have tried on a number of occasions, even going to the Page 59 July 26, 2012 address, as you have just heard, to see if we could find somebody to at least deal with us face to face. We have been unsuccessful in that, as I believe the county has as well in getting a response. We're just asking for some time to get our finances in line and to get our lawsuit settled, and then we can go forward. MR. L'ESPERANCE: What is your estimate as to the cost of the installation of this light? MR. CARROLL: We had gotten three bids. The cheapest one we've gotten so far is $4,500. CHAIRMAN KAUFMAN: Okay. First we need to find if the respondent is in violation or not. MR. LAVINSKI: Make a motion that a violation does exist. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. A violation exists. Now, how much time do you think you'd need to -- MR. CARROLL: We were asking for six months because we think the lawsuit should be settled by then. CHAIRMAN KAUFMAN: Okay. Is it a safety, David, item? MR. JONES: In my personal opinion, I would not consider it a viable safety issue at this point. It's -- you know, there hasn't been any incidents at this entry/exit point. There is a clear sight -- line of traffic right now, so -- CHAIRMAN KAUFMAN: Would you have any problem with six months? Page 60 July 26, 2012 MR. JONES: No. CHAIRMAN KAUFMAN: Okay. I'm looking for a motion from the board. MR. MARINO: I'll make a motion, six months, 180 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BAKER: You need the fine amount. MR. L'ESPERANCE: Fine. CHAIRMAN KAUFMAN: Oh, fine per day after that? MS. BAKER: Did we read the recommendation? Let's read the recommendation first. MR. JONES: I'll read the recommendation, then you fill in the blanks, and we'll just go from there. And I didn't state my name for the record either. David Jones, Collier County Code Enforcement. CHAIRMAN KAUFMAN: We'll make you stay after. MR. JONES: Okay. The recommendations are as follows: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days and abate all violations by: Install all required arterial lighting and obtain any necessary permits, inspections, and certificate of completion for the installation of arterial lighting within blank days of this hearing or pay a fine of blank dollars a day until abated, and also the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, that county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So if I understand your Page 61 July 26, 2012 suggestion -- MR. MARINO: I'll make a motion that he pays the amount of $80.86 within 30 days, extension of 180 days or a fine of $100 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? Aye. MR. MARINO: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LAVINSKI: No. CHAIRMAN KAUFMAN: Okay. It carries 3-1. MS. BAKER: Okay. So -- MR. LAVINSKI: I voted no. I think the time is too long, but the amount of money is not that great, and those operations for PUDs certainly have special assessment powers, and I think it could be done a lot quicker than six months. CHAIRMAN KAUFMAN: Okay. MS. BAKER: Okay. So that was for the first case, for CESD20120000114, Olympia Park. So now we need to do Case CESD20120000116, VP Office Holdings, LLC. CHAIRMAN KAUFMAN: Okay. MR. JONES: And the case is -- mirrors, you know, what we just discussed. So if you'd like, I could just read the recommendations as well. There's a difference in cost in the operational costs for this other entity, so I'll just read this again and then you can provide the -- MS. BAKER: Don't read it. MR. L'ESPERANCE: Jean, that would be proper to proceed in Page 62 July 26, 2012 that fashion? MS. RAWSON: Yes, because you have to have two different orders. MR. L'ESPERANCE: Thank you. MR. JONES: Are you ready? CHAIRMAN KAUFMAN: Sure. MR. JONES: And this is in regards to owner, which is VP Office Holdings, LLC, that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80 incurred in the prosecution of this case within 30 days and abate all violations by: Install all required arterial lighting and obtain any necessary permits, inspections, and certificate of completion for the installation of arterial lighting within blank days of this hearing or pay a fine of blank dollars a day until abated. Also, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. So you just want to do the same -- okay. CHAIRMAN KAUFMAN: Yes. Motion from the board? MR. MARINO: I'm not taking it. CHAIRMAN KAUFMAN: Okay. I'll take it. The fine is $80? MR. JONES: Correct. CHAIRMAN KAUFMAN: Within 30 days, the days are 180, and the fine is $100 a day. I have a comment to make. In cases like this where -- for whatever reason the respondent, in this case, this particular respondent, has been unavailable. You've been unable to reach him? MR. JONES: I have. I've tried numerous attempts, and I've not Page 63 723.022--2012 Florida Statutes-The Florida Senate t 1 /t 8/20/12 8:06 AM The Florida Senate 1)4i4, 1- 2012 Florida Statutes TITLE XL CHAPTER 723 REAL AND PERSONAL MOBILE HOME PARK VIEW ENTIRE CHAPTER PROPERTY LOT TENANCIES 723.022 Mobile home park owner's general obligations.—A mobile home park owner shall at all times: (1) Comply with the requirements of applicable building, housing, and health codes. (2) Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness. (3) Provide access to the common areas, including buildings and improvements thereto, at all reasonable times for the benefit of the park residents and their guests. (4) Maintain utility connections and systems for which the park owner is responsible in proper operating condition. (5) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not unreasonably disturb the park residents or constitute a breach of the peace. History. —s. 1, ch. 84-80; s. 917, ch. 97-102. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright©2000-2012 State of Florida. http://www.flsenate.gov/Laws/Statutes/2012/723.022 Page 1 of 1 I The Florida Senate 2012 Florida Statutes ' ° TITLE XL CHAPTER 723 REAL AND PERSONAL MOBILE HOME PARK VIEW ENTIRE CHAPTER PROPERTY LOT TENANCIES tw 723.023 Mobile home owner's general obligations.—A mobile home owner , y shall at all times: (1) Comply with all obligations imposed on mobile home owners by pplicable provisions of building, housing, and health codes. wx (2) Keep the mobile home lot which he or she occupies clean and sanitary. , (3) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and to conduct themselves in a manner that does not unreasonably 'disturb other residents of the park or constitute a breach of the peace. History.—s. 1, ch. 84-80; s. 918, ch. 97-102. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright©2000-2012 State of Florida. n N' .4M11i http://www.flsenate.gov/Laws/Statutes/2012/723.023 Page 1 of 1 024--2012 Florida Statutes-The Florida Senate i/ /4 41— • /1 he Florida Senate 2012 Florida Statutes TITLE XL CHAPTER 723 REAL AND PERSONAL MOBILE HOME PARK VIEW ENTIRE CHAPTER PROPERTY LOT TENANCIES 723.024 Compliance by mobile home park owners and mobile home owners.—Notwithstanding any other provision of this chapter or of any local law, ordinance, or code: (1) If a unit of local government finds that a violation of a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation and enforce the citation under its local code and ordinance enforcement authority. (2) A lien, penalty, fine, or other administrative or civil proceeding may not be brought against a mobile home owner or mobile home for any duty or responsibility of the mobile home park owner under s. 723.022 or against a 1 ile home park owner or mobile home park property for any duty or responsibility of the mobile home owner under s. 723.023. History.—s. 1, ch. 2011-105. claimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. P�'P Copyright©2000-2012 State of Florida. • //www.flsenate.gov/Laws/Statutes/2012/723.024 Page 1 of 1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20110002999 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Sean King Tr, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit)3.05.01(B) LOCATION OF VIOLATION:4441 5th AVE NW Naples, FL SERVED: Sean King Tr, Respondent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Evelyn Garcia 4441 5th Ave NW Naples, FL 34119 November 15,20I2 RE: Extension of Time—Code Enforcement Board Collier County Code Enforcement Case:CEVR20110002999 To Whom It May Concern, Collier County Code Enforcement Investigator Andrew Kelly has received and approved the mitigation planting plan for our property located at 4441 51 Avenue NW,Naples,Florida 34119. The mitigation plan was prepared by a professional landscape architectural consultant with the civil engineering firm of GradyMinor and the plan is in full compliance with all County requirements. We now have a problem with proceeding with the approved mitigation plan as the planting of the trees proposed in the mitigation plan will occur during the dry season(by no later than December 18th, 2012)and there is no site water or irrigation. We have been advised by the landscape architect,a local environmental firm and our contracted installation landscaping company that if the 100 trees(50 Pine and 50 Oak)proposed in the mitigation plan were to be planted without extensive watering during the first 90 days,there is a 100%chance that every one of the trees would die;thus,resulting in noncompliance with Collier County's mitigation requirements. Furthermore,it would be just simply sad to plant so many live beautiful trees with the knowledge they would die almost immediately under any circumstance. We have contacted Investigator Kelly and advised him of this dilemma. After looking into the matter,Investigator Kelly agreed with the assessment that mitigation would fail if the trees are planted without irrigation or regular rain events.Investigator Kelly requested that we ask for an Extension of Time from the Code Enforcement Board until the beginning of the next rainy season which is in May. Investigator Kelly said Code Enforcement has no objection to the Extension of Time and we respectfully make this request for an Extension of Time until mid-May to abate the violation. Sincerely, elyn Garcia Property Owner Brad Shiffer,AIA-Project Architect Kent Carlyle,RLA,ASLA-Director of Landscape Architecture D.Wayne Arnold,AICP—Grady Minor Planning Director 1 INSTR 4679366 OR 4784 PG 1819 RECORDED 4/11/2012 3:51 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEVR20110002999 vs. SEAN KING TR. Respondent / FINDINGS OF FACT.CONCLUSIONS OF LAW .. n or )itico F BOARD THIS CAUSE came on for public he. '. e �tt►e Bo d n i r •012,and the Board,having heard testimony under oath,received evid ' .,• eard respective to all a ft• '.to matters,thereupon issues its Findings of Fact,Conclusions of , . • polder• he Board,as folio : I. That Sean King TR is th. o er• t • su'_, p •..-, . 2. That the Code Enforce a ent t o. d h. j is c'•Ii• p+A.o`of he 'espondent and that the Respondent,having been duly n•t' a, . ec a tl�e • y e. ' �^ P g Y \ ,lr• w 3. That the Respondent was ., ed of the date of heain;/,y c i d it and by posting. , 4. That the real property Iocat-�� •••1 5th Avenue N.W.,Na S, 4119,Folio 36663400008,more particularly described as the West%z o i GOLDEN GA ' ES,UNIT NO.2,according to the map or plat thereof,as recorded in Plat Book 4, `.ge _i�re .:�,'• '`beds of Collier County,Florida is in violation of Vegetation Removal,Protection and PreserJa'• e .` °h+ 'tsmoval/Landfill Required,Ordinance 04-41,The Collier County Development Code,as amended,Section .05.01(B)in the following particulars: Property was partially cleared of vegetation without a Collier County Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Vegetation Removal,Protection and Preservation,Vegetation Removal/Landfill Required,Ordinance 04-41,The Collier County Development Code,as amended,Section 3.05.01(B)be corrected in the following manner. 1. By obtaining any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41,as amended,Section 10.02.06(B)(1)(a)within 180 days(September 18, 2012). 2. In the alternative,by preparing a mitigation plan which meets the criteria stated in Ordinance 04-41, as amended,section 10.02.06(E)(3)within 180 days(September 18,2012). i OR 4784 PG 1820 3. AND by installing all plant materials in accordance with the Collier County approved mitigation plan within 270 days(December 17,2012). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 18, 2012,then there will be a fine of$150 per day for each day until the violation is abated. 5. That if,in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by September 18,2012,then there will be a fine of$150 per day for each day until the mitigation plan is submitted. 6. That if,in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board by December 17,2012,then there will be a fine of$150 per day for each day until the violation is abated. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 8. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 9. That the Respondent is ordered to pay-atloapp,ational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days _) IC lk---0(1_1\`",..,,,\ Any aggrieved party may ape al order of the Board r cult Court within thirty(30)days of the execution of the Order appealed An peal sh not be a hearing i' ovo,but shall be limited to appellate review of the record created with' Fil' g a . ..ea r.y the B 4: d' Order. DONE AND ORDERE B thi A4: %��1%It'.01+ 7 i 0Ilie County,Florida. y IPNFO 1 : ■ M OARD 0 ?• Co i" ;r„ t RIDA BY: a rfi ,tea, F Kennet "" ,C ,I► �i, 2800 N shoe Drive NV. 34104 STATE OF FLORIDA ) '1 .. )SS: '" COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisf'day of `9 , 2012 Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KAISTINE TWENTE_IJ 1d ` L. """'• NOTARY PUBLIC •. .�•.. Notary Public-State o1 Florida 2015 My commission expires: ) .• .•?My Comm.Expires Jun 18, n ; , •'P= Commission 0 EE 87272 i %;.....,; i's' Banded Through National Notary Assn. - . Mans° F AIM . , .„, .> County of COLLIER•- •" : '•` e: I HEREBY CERTIFY T H A T Shia•ts a NS and :orrect copy.of a'arcuin'iht1,otrfile in Board Minutes;and=Redoros Ctr tler,Countj► S m'v.h. ' ac��, Ye i' ea'l this ay of OW HT E. BROiG` ,'CLERK OF COURTS 1 , . *** OR 4784 PG 1821 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this RDER has been sent by U.S.Mail to Sean King TR,720 Goodlette Rd.N,Ste.304,Naples,FL 344/1002 this day off 0,2012. M.Je wson,Esq. Florida Bar No.750311 700 Eleventh Street S.,Ste. 102 Naples,Florida 34102 (239)263-8206 \AER CO cp (72 (C o Mfr ^t, C IRS-�`� CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEOCC20120002338 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Robert E & Colleen Rossomando, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Local Business Tax Required126-111(b) & Land Dev. Code, 04-41 Section 2.02.03 Operating an inn-type business LOCATION OF VIOLATION:4641 5th AVE NW Naples, FL SERVED: Robert E & Colleen Rossomando, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el 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 tanph vini avek yon intepret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20120002338 Board of County Commissioners, Collier County, Florida Vs. Robert E. & Colleen Rossomando Violation of Ordinance/Section(s) The Collier County Land Development Code, 04-41, as amended, Section 2.02.03, ant the Collier County Code of Laws & Ordinances, Chapter 126, Article IV, Section126-111(b). Jeff Letourneau, Code Enforcement Official Department Case No. CEOCC20120002338 DESCRIPTION OF VIOLATION: Operation an inn-type business on this Estates zoned property. No Collier County Business Tax Receipt obtained for such use. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Ceasing all unpermitted lodging activities (including advertising) associated with this Estates zoned property within days of this hearing, or a fine of$ will be imposed for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEOCC20120002338 Robert E.&Colleen Rossomando,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinances: The Collier County Land Development Code,04-41, as amended, Section 2.02.03,and the Collier County Code of Laws&Ordinances,Chapter 126,Article IV, Section 126-111(b). 2. Description of Violation: Operating an inn-type business on this Estates zoned property.No Collier County Business Tax Receipt obtained for such use. 3. Location/address where violation exists: 4641 5th Ave NW, Naples FL 34119, Folio #36661320009. 4. Name and address of owner/person in charge of violation location: Robert E. & Colleen Rossomando,4641 5th Ave NW,Naples FL 34119. 5. Date violation first observed:2/15/12. 6. Date owner/person in charge given Notice of Violation: 3/9/12. 7. Date on/by which violation to be corrected:4/9/12. 8. Date of re-inspection: 8/13/12. 9. Results of Re-inspection: Non-compliant. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 31st day of August, 2012 Jeff Letourneau Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER f Sworryto(or affirmed)and subscribed before this)) day of 'J jU> ,2012 by (SignalI 1'e of Notary Public) (Print/Type/Stamp Commissioned I V Name of Notary Public) Persolially known X or produced identification NOTARY .9RIDA nr ,. Baker - EE074994 REV 1-4-12 • ;i:P i7,2012 BG: . CO,ING Case Number: CEOCC201200023?8 Date: March 09, 2012 Investigator: Michele Mcgonagle Phone:2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Rossomando, Robert E &Colleen 4641 5th Ave NW Naples, FL 34119 Location: 4641 5th AVE NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 2 TR 22 Folio: 36661320009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and' Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Prohibited Use. Collier County.Land Development Code 04-41 as amended,Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use,or accessory use shall be prohibited in such zoning district. Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126, Article IV, Section 126-111(b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: operating an inn-type lodging business in a residential area and operating a business without required zoning certificate and Collier County Business Tax License ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): cease operating the business and rental of rooms until obtaining any required zoning certificate and business tax receipt allowing such use. ON OR BEFORE: 04/9/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT t 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Michele Mcgonagle Signature and Title of Recipient Printed Name of Recipient 3 I ( tti Date Collier County Land Development Code, 04-41, as amended, 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. Sec. 126-111. - Local business tax. (a) The board of county commissioners hereby adopts its "Local Business Tax Ordinance." The primary purpose of this article is to change all prior ordinance references to "local occupational license"to read "local business tax," and to change all prior references to "license"to "receipt"to comply with recently amended Chapter 205, Florida Statutes. (b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements. (c) Nothing in this article shall be construed to exempt any person from any other required permit, license, certificate or other permission required by law, rule or regulation, or by any applicable Collier County ordinance, rule or regulation. Violations of this article shall be prosecuted in accordance with the provisions of section 126-113 herein. 1 01 788174 °'►FEE ID AM 9 17 QQ 191 3 COLLIER COUNTY RECORDED 0 0 1 028 OR BOOK PAGE Proparml By: Stanley A-McDonald.Atty. 4099 Trriaml Trail North#307 Naples,Florida 33940 Fletxn b: Tropical Tae Ina.Agency Return To MO Mb street N.#3 topical TSUe Ins.Agency,Inc, Naples,Florida 33e40 3 Number. 6609th St North,Suite 3 Properly Idenlitir�ort r.39313t320009 Grantors Social Security Number:283-1 t-9942 Naples,Florida 3394,0 REL.' 4.Grantees Social Security Number: 'is Social Security Number.. 31.2.W381/if r' [y.-- WARRANTY DEED ANT- 'f t3Rouan� 'ND THIS DEED, made this _Rp day of 4enuary, 1994, between KURT NEUMA N, whose address is P.O. Box 594, Vino Del Mar, Chili, OilGrantor, and ROBERT E.ROSSOMANDO, a single man, and COLLEEN DIXON, a single woman, as joint tenants with right of survivorship and not as tenants in common, whose address is 4 Fleetwood Drive, New 411 Fairfield, CT 06812, Grantees. KITNESSETE, That said grantor, for and in consideration of $75,000.00 and other good and valuable consideration to said grantor in hand paid by the grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said grantees, and the grantees' heirs and esezgnE Totter, the following described property located in, O r iE un y,'l z id4,, to wit; Tract 22, T n No. 2, per plat thereof reyor • • la•t-BatX-4.1..� �5*.>,,, lic Records of Colliet Co t 1."-Florida. ti``U Subject,,° tol easements and restric n n to the subdivisio t' e,i for 1994 and subsequent s; oil, gas and mineral reervattons of record; and zoning, building and other use restr ctio se7i" governmental author 'tt And/said ran ,r,..does h arrant the title to said land an will's defend sameainst he lawfu cla of any persons whatsoever. Gr for s -.+ his homestead and that sa 4 prppe i • �ac 1a/ € , OF e s cif ,or r has cawed these r presea a bet ex� is�t s 3� on t.e y a -1 first above written.'�...,,>,, c........,�,"•a s„ . }T j Signed, sea •e and Witnessed " f in the P . '=enh of: N"") •,..4.l,./11 ) l."/A _:i ,+r!. i/ t<` , (SEAL) Witness: . 3_,. . , f...11 .- KURT °k hi : tgrney/�In 6 Fact: '� gam, .d11 C •, ./' As_`. e5'" rLnald .� -- r° ',-, Wit f°. r ,i•_: - n_z s: c if • ._ ..•. STATE OF FLORIDA COLLIER COUNTY I certify that on this day, before me, an officer duly authorized in the state and in the county aforesaid to take acknowledgments, personally appeared STANLEY A. MCDONALD, Attorney In Fact for Kurt Neumann, personally known to me, or who presented proper documents for identification, who did not take an oath, and who executed the foregoing instrument for the purposes therein expressed. Witness my hand and official seal in the county and state aforesaid this _WI) day of wry, 1994. F '4" la. - (SEAL) �� i%�... , _ ♦ �•r ,ti. -� NOTARY PUBLIC / +�: rlQeedrtbroow.ad e.,'P.rr i� WELL Recel:ed $ l__��t,,c,,'7nt )-.y St Imp Td+�`��'� '��i ; f -6yisdrer.te.lafy ne:eiv;d $ N�_� C.1s. •.. :r�....ii:.i,`, - r. ;� ' X35. •9o.WdiyNA1 r.:... :.:• .-; "^„,,, aao-n-sa6a CAiia' .. .+f.._ _ eta'' .,r.- Y' BY L -1 �._.-D..:. ^-- .. _.a ,, .,. •.- . _ ..- . Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert E. & Colleen Rossomando Inv. Jeff Letourneau Department Case No CEOCC20120002338 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.00 Municode Page 1 of 1 (EEcc o/acbo• 33S. 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 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N�.a5 Y N 3 5 S s 8 b 5 5 1 y 1 S C S I 1 8 2 9 1 8 19 1 1 5 0 9 1 ( 8 6 t 1 ( S 8 Y 1 I S L t t I S 9 t 1 LEGEND URBAN DESIGNATION ESTATES DESIGNATION AGRICULTURAL/RURAL DESIDUTEMI IMO 1141 0•117DY ram Mr ow., Ei WM..sErn.1E/a AREA DISTRICT ° � °�•°.EOA6 OVERLAYS AND GOLDEN GATE AREA MN " CONOMOBAL USES STMT SPECIAL FEATURES U DDE,TDN.EERIER COWWCIAE SUBUSITOCT ❑,4�EDRIMm C..,8 5TRIDT 0 ter ,,,,°°' ` FUTURE LAND USE MAP M91NPT m ...USE WIWI,DEN.SUBDIEWCI ■.n"T k;W',., . . •DR �N u ®M9D 9NNSN. % • ... LAND USE.1111.1.LW GYRO Elccu..BOULEVARD DDDygM.sM uorncl ❑Pwc--RoAD undo ug sEwsmc. IMMOKALEE ROAD ®".EIN BOULEVARD coma°..somsm,cT / N. ❑COWER..11.7 ESTATES ❑COED.CA1E we MEW m..pan ❑%%7=4, — ROW' D LAW VW 0C90/11ADOR DDEWRIDIMN SENIOR Or AE COLDER WI AEU MAWR ww V1 0 a DO > e, W OIL WELL ROAD a 1111 1 ' - LA IMMOKALEE ROAD 4 RANDALL BOULEVARD O t= .%3 0 3 I \ m VANDERBILT\ z BEACH ROAD ai E a CO 01 GOLDEN GATE BOULEVARD Z x a< Ci PINE RIDGE RD. .7 WISITE BLVD. 44 J > G3 CO °a 41 14 o >• C i -. ..� ✓ z .e ! w a w 1 4• G.O.PKWY. ` Q !!! a O 0 0 o „......1‘� o K m INTE RSTATET5 w S.R.84 a N z a DAVIS BOULEVARD m S.R.84 Q Q a o . m w z A o J ct ti .ai a__.. 3', a F 94,: ti GOLDEN GATE FUTURE LAND USE MAP ADOPTED - FEBNUNRY,1991 AMENDED - DECEMBER 4.2007 ORD.NO.2C07-77 es ARMED - MAY 19,1992 AMENDED - OCTOBER 14,2008 <I ARMED - MAY 25,1993 ORD.N0.2008-59 - > MENDED - JULY 20.2010 -........ •-• RIDDED - MY 27.1993 ORD.NO.2010-31 co MOM - APRIL 12.1999 NAMED - DULY 28.2010 2 ,. AMENDED - MANCN 14.1995 0M0.N0.2010-32 _. 10 AM2100 - SEPTEMBER 14,2011 _. AMENDED - OCTOBER 27,1997 ORD.N0.2011-29 F AMENDED - APRIL 14,1998 E EN AME®ED - SEPTEMBER 8.1998 MIMED - FEBRUARY 23.1999 0211 g MIMED - MAY 9,2000 AMENDED - MAR 13.2001 MERGED - MAY 14.2002 -- MENDED - SEPTEMBER 10,2003 SCALE — ORD.NO.2003-44 rT —�___I MNDED - OCIWQR 25,taw ORD.NO.2004_71 0 1 MI. 2 MI. 3 MI. 4 MI. 5 MI. Y R MINDED - JANUARY 25,2005 r EXHIBIT DIED.NO.2005-3 PREPARED BY:CIS/CAD MAP11NC SECTION N AMENDED - JANUARY 25.2007 GROWN MANAGEMENT DIVISION/PLANNING&REGUUDON N .19c ORD.N0.200)-19 DATE 9/2011 GILL cath-2011.OMC (/ D R26E R27E .• - a4 . AY" r 96055 9605N PH dd A. r a vs r Z 7 n LOGAN BOULEVARD D m g N to a:°^m m a a Y e C 88 8 a C Si siC C 68 8 n ®Ltl° y a °8 S 9 is p 8 a qy 0 _ 5 E 6 5 8 6 E 3 r 1x z --I C Y a 8 9 8 8 8 O g xi 8 9 8 8 Y I C 6 2 L71 { 8 a y m a a C a a 4 ,, o p A e G A 6 B a a °z y 8 8 9 8 8 8 5 B B 8 r 8 g 8 8 p G M 9 B 8 Y- 8 R 8 zaw NCS. I L00421 2-27-01 nu-ar7 050 _ N - g 8 8 s 27-01 C0-m-u-U 07-46 o a 1..10 ux Cur.10-1a i s 5 y uo r ti 71 0 2 g : c x 5 e -I. IL - "9 A J LA F CANAL aW N IA . ° ° + R o r 8 9 8 C Y 8 9 a 8 a 0 8 C i i w Y a a 0 a s 6 tab g ; s 0 8 0 5 5 a 5 5 1 .4 ii' ° a a i 8 - z 01 8 C N p 8 a f $ F2 0 T i R K s �9 Y z ° E s E E 4 cs), _ g qqq B e a e CO g ' 3 0 8 8 3 a 8 a y a A F 8 a a a a a A E R a B Y B B 9 Si B A 8 $ Y Z S Y 9 8 8 § § 'I E o 8 o no -@� s 0 a r r r i . „ ° § B e a a }u Z m f fn Z 1 U L) ; - ro o n E i �- m (:) 4- W COLLIER BOULEVARD i'CR.9515 (,■ Z m -O - 3:P. F D N Z -< / 0 E R. 5 O I'm A N - Z GGE21 ED 33 i D co — D U1 6 cn mrrrrtrrrirr- Municode Page 7 of 19 ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. LPC 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any person or entity. bother b) Raising any animal or animals intended to be ultimately used or • used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 5.05.04 3. Essential services, as set forth in section 2.01.03 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on EXHIBIT an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum http://library.muni co de.com/print.aspx?h=&clientID=13992&HTMRequest=http%3a%2f... 7/19/2012 Mumcode Page 8 of 19 of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. On lots/parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. 5. One guesthouse, subject to section 5.03.03 6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 7. Excavation and related processing and production subject to the following criteria: These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00 c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in section 10.08.00 i• Churches. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 6. Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. i The site area shall not exceed 20 acres http://library.muni code.com/print.aspx?h=&clientID=13 992&HTMRequest=http%3 a%2£.. 7/19/2012 Municode Page 9 of 19 8. Essential services, as set forth in subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 10. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. iii• For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot lien may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) ESTATES: CONFORMING CORNER LOT R.O.W A P/L —_.._.__... ; R.O.W n FRONT SETBACK 37.5' REDUCED BY 50% j i v I i I P/L PAL 180' 75' 30' Q LOT WIDTH C FULL FRONT <—._- > SIDE SETBACK SETBACK I L I n SIDE I SETBACK 30 _ P/L v v * Example-lot width may vary,but never less than 150' R.O.W -SETBACKS MEASURED FROM R.O.W.LINE R.O.W -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE -- — — — http://library.municode.com/print.aspx?h=&clientlD=13992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 10 of 19 b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) ESTATES: NON-CONFORMING CORNER LOT R.O.W A - - P/L- - - - — — - - — — R.O.W A 15, REDUCED V FRONT SETBACK I I 105' 75' LOT { FULL FRONT 10%LOT >10 WIDTH SETBACK WIDTH P/L 10%LOT WIDTH PfL W W - - - — - - 10.5' - - PfL— R.O.W R.O.W -SETBACKS MEASURED FROM R.O.W. LINE -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE — — C. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. (Ord. No. 06-63, § 3,C: Ord, No. 07-67, §3.C: Ord. No. 08-11, §3.D: Ord. No. 08-63, §3.C: Ord. No. 10-23, §3.E) 2.03.02 - Residential Zoning Districts http://library.municode.com/print.aspx?h=&clientID=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 11 of 19 A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve, and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single-family districts (RSF). a. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 5.05.04 3. Schools, public. This includes "Educational plants;" however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts. 2. Private docks and boathouses, subject to section 5.03.06 3. One guesthouse, subject to section 5.03.03 4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in section 10.08.00 1. Noncommercial boat launch and multiple dock facilities, subject to the applicable review criteria set forth in section 5.03.06 2. Churches. 3. Schools, private. 4. Child care centers and adult day care centers. 5. http://library.municode.com/print.aspx?h=&clientlD=13992&HTMRequest=http%3a%2f... 7/19/2012 Municode Page 12 of 19 Cluster development to include one- and two-family structures, subject to section 4.02.04 6• Golf courses. 7. Group care facilities (category I); care units subject to the provisions of subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-183 F.A.C.; all subject to section 5.05.04. 8. Category II group care facilities and care units subject to section 5.05.04, only when the tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. • 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. a. Permitted uses. 1. Single-family dwellings. 2. • • http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3a%2f... 7/19/2012 Municode Page 13 of 19 Duplexes, two-family dwellings. 3. Multi-family dwellings, townhouses as provided for in section 5.05.07 4. Family care facilities, subject to section 5.05.04 5. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-6 district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Schools, private. Also, "Ancillary Plants"for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and II);.care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 8. Cluster development, subject to section 4.02.04 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi- family 12 district (RMF-12) is to provide lands.for multiple-family residences having a mid- rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple- family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land httio://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 14 of 19 use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-12 district (RMF-12). - a. Permitted uses. 1. Multi-family dwellings. 2 Townhouses, subject to the provisions of section 5.05.07 3. Duplexes. 4. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. 5. Family care facilities, subject to section 5.05.04 6. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-12 district. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 5. Schools, private. Also, "Ancillary plants"for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. D. Residential Multi-Family-16 District(RMF-16). The purpose and intent of the residential multi- family-16 district (RMF-16) is to provide lands for medium to high density multiple-family http://library.municode.com/print.aspx?h=&clientlD=13992&HTMRequest=http%3a%2£.. 7/19/2012 Munieode Page 15 of 19 residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-16 district (RMF-16). a. Permitted uses. 1. Multi-family dwellings. 2. Townhouses, subject to the provisions of section 5.05.07 3. Family care facilities, subject to section 5.05.04 4. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-16 district. • 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 5. Schools, private. Also, "Ancillary plants" for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. http://library.municode.com/print.aspx?h=&clientID=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Municode Page 16 of 19 Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 1. Hotels and motels. 2. Multi-family dwellings. 3. Family care facilities, subject to section 5.05.04 4. Timeshare facilities. 5. Townhouses subject to section 5.05.07 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RT district. 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. 3. Private docks and boathouses, subject to section 5.03.06 4. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Marinas, subject to section 5.05.02 3. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 5. Private clubs. 6. Yacht clubs. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 http://library.municode.com/print.aspx?h=&clientID=13 992&HTMRequest=http%03 a%2f... 7/19/2012 Municode Page 17 of 19 8. Ancillary plants. d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the lmmokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the lmmokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 1. Single-family dwellings. 2. Duplexes. 3. Multi-family dwellings. 4. . Mobile homes. 5. Family care facilities, subject to section 5.05.04 6. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the VR district. 2. Private docks and boathouses,.subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. Storage, repair and maintenance areas and structures for fishing and farming equipment, when used by the residents of the permitted use. c. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in section 10.08.00 1. Boatyards and marinas, subject to section 5.03.06 and the applicable review criteria set forth in section 5.05.02 http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%3 a%2f... 7/19/2012 Mumcode Page 18 of 19 2. Child care centers and adult day care centers. 3. Churches. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 4.02.04 6. Fraternal and social clubs. 7. Schools, private. Also, "Ancillary plants" for public schools. 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the lmmokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. • 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 5.05.04 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the • http://library.municode.com/print.aspx?h=&clientlD=13 992&HTMRequest=http%o3a%2f... 7/19/2012 ivluiuwuc fage 19 of 19 TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 5. Educational plants; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures customarily associated with mobile home development such as administration buildings, service buildings, utilities, and additions which complement a mobile home. 2. Private docks and boathouses, subject to section 5.03.06 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. One single-family dwelling in conjunction with the operation of the mobile home park. c. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in section 10.08.00 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Schools, private. 5. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04 d. . Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. (Ord. No. 08-11, §3.E) http://library.munico de.com/print.aspx?h=&clientlD=13992&HTMRequest=http%3 a%2f... 7/19/2012 LDC definition Dwelling(also called dwelling unit):Any building, or part thereof, constituting a separate, independent housekeeping establishme for no more than 1 family)nd physically separated from any other rooms or housekeeping establishments which may be in the same structure.A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen. Hotel(also motel):A building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public,with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities. EXHIBIT s cocca©icc oassg • PREVIOUS COMPLAINTS Complaint Status Date: 2/25/2010 Complaint Information Case Number: CELU20100002598 Status: Closed Complaint Type: Land Use Description: Renting out rooms by the day add states home is "Bed & Breakfast Inn"- Rooms by the day and includes breakfast. Website: www.adreamcometruegh.com. Also in the magazine "Gulfshore"-which lists local Inn/motels. It appears this has gone on since ' 2007 going by reviews. Locality of Complaint: 4641 5th Ave NW web# 5549 (Case typed changed-from RR to OCC.) **Case changed from- OCC to LU) 2/25/10 RM/45 Property Owner's Full Name: ROSSOMANDO, ROBERT E & COLLEEN Locations: 36661320009 4641 5th AVE NW Naples, FL Inspections Outcome Estimated Completion Completed Initial Inspection No Violations) 02/25/2010 02/25/2010 Found it Complaint Status Date: 9/14/2010 Complaint Information Case Number: CEOCC20100018327 Status: Closed Complaint Type: Occupational Licensing Description: renting out the guesthouse and running this as a business, no home occ license and not allowed to rent a guesthouse out. www.adreamcometruegh.com opened case on renting guesthouse Locality of Complaint: 4641 5th web 4214 Property Owner's Full Name: ROSSOMANDO, ROBERT E & COLLEEN Locations: 36661320009 4641 5th AVE NW Naples, FL Inspections Outcome Estimated Completion Initial Inspection No Violation(s) 09/14/2010 09/14/2010 Found COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-07 DATE: 15 December 2004 LDC SECTIONS:5.03.03. and 1.08.02.,Definitions of"Guest house or cottage" and"Guest Quarters/guest suites" SUBJECT:Review guidelines for plan reviewers pertaining to Guesthouses/cottages and guest quarters/guest suites INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: Guesthouses/cottages and guest quarters/guest suites are permissible as uses accessory to permissible principal single-family residences. "Guest house or cottage" is defined in LDC Section 1.08.02 as "An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities." "Guest quarters/guest suites" are defined in LDC Section 1.08.02 as "An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may contain running water as long as is is not configured or of a size that may accommodate a kitchen." This Staff Clarification is intended to establish guidelines to assist building plan reviewers to determine if a structure or building addition meets the LDC definition of any of these accessory uses. D E 1 LAIVIENI1 11V1N (L.LAKlt'iL.A IUN): there are three different tact situations requiring application of the LDC definitions of"guesthouse or cottage" and "guest quarters/guest suites." Guidelines for application of the LDC are identified for each of these situations. Please note:: determinations of the status of the accessory use made in accordance with this Staff Clarification for building permit plan reviews are not required to he consistent with the application of the definition of a "dwelling unit" or any provisions applied by the Financial Administration and Housing Department to assess impact fees under the Code of Laws, Chapter 74. Accordingly, the Impact Fee Manager may apply criteria under the regulations applicable to assessing impact fees in a manner recognizing the future use of proposed structures as well as any existing use. In the case of an unresolved conflict between the guidelines presented in this Staff Clarification and those applied by the Impact Fee Manager under the applicable regulations, policies and procedures, the latter provisions for assessing impact fees are presumed to control.. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1.a separate electrical meter for the structure, or if there is no separate meter there is: 2.an area designated on the plans submitted with the building permit application as a kitchen or food preparation area,or if there is no separately designated kitchen or food preparation area,there is: 3. an apparent food preparation area(regardless of designation),having: a. a range or b. a sink and countertop which are not identified for a use other than food preparation,and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: 4. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1. it is structurally attached,as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space,and 2. it contains a separate electrical meter for the addition,or if there is no separate meter,there is: 3.a designated or depicted kitchen or food preparation area,or if there is on separately designated kitchen of food preparation area,there is: 4. an apparent food preparation area(regardless of designation),having: a. a range, or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom,or if there is no apparent food preparation area,there is: 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires, provided that it also meets all the requirements of LDC Section 5.03.03. C. Guest quarters/guest suite: This accessory use is defined in the LDC and may be attached to the main residence or detached; however, it is not identified as a permissible accessory use in any base residential zoning district. i nus, "uuest quarters/guest suites" are identified, by name, as permissible accessory uses only in certain PUDs. Where specifically identified in a PUD document, the guest quarters or guest suites must meet all applicable requirements of the individual PUD. In any PUD not specifically identifying "guest quarters" or "guest suites" by name, the guidelines above for an attached or detached guesthouse will be considered to apply. If the living area in question is not identified as an attached or detached guest house according to the above guidelines and regardless of what the living area is called, this living area will be considered an addition to the main residence when structurally attached to the main residence, whether it is inter-accessible to the main residence or not. If it is detached, it will be considered a separate, detached,accessory structure. AUTHOR: Ross Gochenaur(for Susan Murray,AICP,Director,Department of Zoning&Land Development Review) cc: Zoning Department staff Bill Hammond,Building Director Michelle Arnold,Code Enforcement Director Patrick G. White,Assistant County Attorney Zoning Clarification File r • . ,3 -.14(.7,,. .. .„._ • le-? 'f` r . 1 r le. ill Traveler Login Owner Login List Your Property(Mtp://www.vrbo.com/cart/signup) I Rental Guarantggd (/ r l gar nikeirestillpes(http://www.vrbo.com/global/advantages.htm) Community(http://vacationrentals.vrbo.com/owner-community) Help(hitp://help.homeaway.ccm?brand=vrbo&1ypc=traveler) Anival Departure Search Son by Default Finerbr Add+0 1825 matching properties Clear all() Cancel() Apply fi Sleeps Bedrooms Location Type Suitability Features C Any C Any f Beachfront 99 7 Pet Friendly 226 E Pool C 1+ 1825 C 1+ 1823 E Beach View 109 I—No Pets Allowed 1449 I—Hot Tub C 2+ 1825 C 2+ 1770 r Oceanfront 56 r Wheelchair 448 r Internet/Wifl C 3+ 1804 C 3+ 765 r Ocean View 128 Access r Outdoor Grllllnc C 4+ 1802 C 4+ 101 r Lakefront 379 f Handicap Access 649 !- Fireplace C 5+ 1413 r Lake View 270 r Senior Only 13 r Air Conditionins Managed by C 6+ 1322 r Mountain View 0 r Kid Friendly 775 r Cable/Satellite C 7+ 414 C Any E Golf Rental 1698 ( Smoking Allowed 15 TV C 8+ 369 r Owner 1550 r Ski Rental 1 r No Smoking 1683 r Book It Online Property Allowed C HomeAway C 9+ 86 Manager 275 -Monument View 1 Payments- Property Type r Apartment 9 r Condo 1205 C Castle 0 r Bungalow 8 r Lodge r Barn 0 r Cottage 20 f Villa 109 C Mill 0 f_Town Home r Boat 0 r Farmhouse 0 r Houseboat 0 r Tower O r Mobile Home C Cabin 0 r House 422 C Studio 1 r Hotel 0 C Recreational r Chalet 0 r Yacht 0 r Country House o r Estate 4 Vehicle r Bed and Breakfast W4d91/Search/kevwords;naple$@) USA(/search/usa/keywords:naples C) Florida(/search/usa/florida/keywords:naples fl) Florida South West(/search/usa/florida/south-west/keywords:naples fl) Naples(/search/usa/florida/south-wesVnaples-area/keywords:naples fl) Naples(/search/usa/florida/south-west/naples-areatkeywords:naples fl) Bonita Shores Pelican Marsh Area Olde Naples Lely(/search/usa/florida/south- (/search/usa/florida/south- (/search/usa/florida/south- (/search/usa/florida/south- west/naples- west/naples-area/bonita- west/naples-area/pelican- west/naples-area/olde- area/lely/keywords:naples fl) shores/keywords:naples fl) marsh/keywords:naples fl) naples/keywords:naples fl) Fiddlers Creek Vanderbilt Beach North Naples Golden Gate (/search/usa/florida/south- (/search/usa/florida/south- 1/search/usa/florida/south- (/search/usa/florida/south- west/naples-area/fiddlers- west/naples-area/vanderbilt- west/naples-area/north- west/naples-area/golden- creek/keywords:naples fl) beach/keywords:naples fl) naoleslkevwords:naoles fl) gate/keywords:naples fl) Other Naples Properties Pelican Bay West Naples East Naples (/search/usa/florida/south- (/search/usa/florida/south- (/search/usa/florlda/south- (/search/usa/florlda/south- west/naples- west/naples-area/pelican- west/naples-area/west- west/naples-area/east- area/undesignated/keywords:naples bay/keywords:naples fl) naples/keywords:naples fl) naples/keywords:naples fl) fl) Search for 'naples fl' Vacation Rentals Bask to top "Cocoplum"-Value Beautiful Tropical Home with Pool and Spa $1100-$1400/wk (http://www.vrb (http://www.vrbo.com/1316) (usp) 38R+/2BA-Sleeps 3-6-Crown Pointe(/search/usa/florida/south-west/naples-area/east- naples/crown-pointe/keywords:naples fl) #1316 2 VKBOcg)is Vacation Rentals by Owner rage z or 1J • 2BR/2BA-Sleeps 4-Falling Waters(/search/usa/florida/south-west/naples-area/east- view derails naples/falling-waters/keywords:naples fl)#2414 (http://www.vrbo.com/2414) 0 Living in Paradise,Vanderbilt Beach Area(http://www.vrbo.com/4983) Starting at$165 a nt (http://www.vrb (USD) 3BR+/2BA-Sleeps 6-8-Naples Park(/search/usa/f orida/south-west/naples- area/vanderbilt-beach/naples-park/keywords:naples fl)#4983 view details (http://www.vrbo.com/4983) 1 Crown Pointe Home with Lake Views!(http://www.vrbo.com/7o31) sago-;1408/wk- (http://www.vrb $saoo/mo 3BR+/2.5BA-Sleeps 6-8-Crown Pointe(/search/usa/florida/south-west/naples-area/east (USD) -naples,/crown-pointe/keywords:naples fl)#7031 View details (http://www.vrbo.eom/7o31) 0 North Naples Tranquility in Bay Forest Blocks from Beach From$250/nt (http://www.vrb ( (USD) http://www.vrbo.com/10158) 2BR+/2BA-Sleeps 4-6-Bay Forest(/search/usa/florida/south-west/naples-area/north- View details naples/bay-forest/keywords:naples fl)#10158 (http://www•vrbo.com/10158) 0 Baypoint Luxury Penthouse Condo/Gulf/Bay Views$850 Special! 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(http://www.vrbo.eom/43619) 2 Olde Naples 4 Bedroom Luxury Cottage-Walk to 5th&Beach! $2475-$6500/wk (http://www.vrb (http://www.vrbo.com/48292) (USD) 4RR+/7RA-Sleenc 7-9-nthpr Nth.NanIec Prnnortioc(/coarrh/nca/flnriria/cnnth- west/naples-area/olde-naples/undesignated-olde-na/keywords:naples Fl)#48292 (http://www.vrbo.eom/48292) 7 Vanderbilt Beach Regatta Waterfront(http://www.vrbo.com/48449) $895-$2000/wk (http://www.vrb (USD) 38R/2BA-Sleeps 6-Regatta(/search/usa/florida/south-west/naples-area/vanderbilt- beach/regatta/keywords:naples fl)#48449 View details (http://www.vrbo.eom/48449) 1 Naples Golf and Beach Community(Discounts to 45%) From$2,250/mo (http://www.vrb (http://www.vrbo.com/4957o) (USD) 3BR+/2.5BA-Sleeps 6-8-Other North Naples Properties(/search/usa/florida/south- View details west/naples-area/north-naples/undesignated-north-n/keywords:naples fl)#49570 (http://www.vrbo.eom/4957°) 4 Beautiful-Close to Everything-Beach Access-&Lakefront $1400/mo annual- (http://www.vrb (http://www.vrbo.com/5396i) $3500/seasonal 3 mo ml 2BR+/2BA-Sleeps 4-6-Moorings(/search/usa/florida/south-west/naples-area/west- (USD) naples/moorin s/keywords:na les fl #53961 wwweeto.e 9 P ) (http:!/www.vrbo.eom/53961) 0 Tuscan Style Villa-Private Beach Access-Moorings-West Naples $160/wit-$ (http://www."rb (http:// www.vrbo.com/71722) (USD) 3BR/3.5BA-Sleeps 6-Moorings(/search/usa/Florida/south-west/naples-area/west- naples/moorings/keywords:naples fl)#71722 httn•//www vrhn cnm/coarch/ncafflnrvla/mirth-wpct/nanlec-area/kevwnrric•nanIpc%?f)fl R/')A VRBO®is Vacation Rentals By Owner rage 4 or i (hap://www.vrbo.com/71722) Naples,FL,Beautiful Vanderbilt Beach,Completely Updated $3000-$6000/mo (usD) (http://www.vrb (http://www.vrbo.com/72833) 2BR+/2BA-Sleeps 6-Vanderbilt Yacht&Racquet Club(/search/usa/florida/south- view details west/naples-area/vanderbilt-beach/vanderbilt-yacht-rat/keywords:naples fl)#72833 Chap://www.vrbo.com/72833) 0 Luxury Barefoot Beach Villa with Private Beach Access From$5000/mo (USD) (http://www.vrb (http://www.vrbo.com/7295o) 3BR+/38A-Sleeps 6-8-Barefoot Beach(/search/usa/Florida/south-west/naples- View details area/bonita-shores/barefoot-beach/keywords:naples fl)#72950 (httP://www.vrbo.eom/7295°) 0 Bayfront-in the Heart of Naples!Rent Now Through 11/1/12 for$3300 From$300(USD) (http://www.vrb (http://www.vrbo.com/7467o) 2BR/2BA-Sleeps 4-Bayfront(/search/usa/Florida/south-west/naples-area/olde- View details naples/bayfront/keywords:naples 9)#7 4670 (hap://www.vrbo.com/94670) 7 2o%Off Dec/Jan/Apr Luxurious Golf Condo in Naples Lakes Country $ilsoo-$31800/mo (usD) (http://www.vrb Club!(http://www.vrbo.com/78121) FE 2BR+/28A-Sleeps 4-6-Naples Lakes(/search/usa/florida/south-west/naples-area/east- view details naples/naples-lakes/keywords:naples fl)#78121 (httP://www.vrbo.eom/78121) 2 Luxury Sorrento Beach Vacation Home:Private Pool&Spa! From$205/nt (http://www.vrb (http://www.vrbo.com/86264) 58R/58A-Sleeps 10-Naples Park(/search/usa/florida/south-wesVnaples-area/vanderbilt view details -beach/naples-park/keywords:naples fl)#86264 thttp://www.vrbo.com/86264) 2 Imagine a Place Where All Your Worries Can Be Whisked Away. $de�ils$4 weekly rsaete (http://www.vrb (http://www.vrbo.com/91o7o) (USD) 2BR+/3BA-Sleeps 6-The Dunes(/search/usa/Florida/south-west/naples-area/vanderbilt- View details beach/dunes/keywords:naples 9)#91070 (http://www.vrbo.com/91090) 2 Beautiful Pool Home W/Private Beach Access,Quiet Street From$350 nt-$1,700 (http://www.vrb wk-$5800 mth US (http://www.vrbo.com/98268) Dollars&GB Pounds 3BR/3BA-Sleeps 8-Moorings(/search/usa/florida/south-west/naples-area/west- view details naples/moorings/keywords:napies fl)#98268 (http://www.vrbo.com/98268) 10 Greenlinks Community in Lely Resort-Golf in Paradise $2800-$500/wk- (http://www.vrb (http:// / $2800-X80(USD) www.vrbo.com 103739) (USD) 2BR+/2BA-Sleeps 4-6-Lely Resort(/search/usa/florida/south-west/naples-area/lely/lely View details -resort/keywords:naples fl)#103739 (httP://www.vrbo.eom/103739) 0 The Moorings,Old Naples,Florida(http://www.vrbo.com/104328) From$185/nt- (http://www.vrb $1250/wk US Dollars. 4BR/2.758A-Sleeps 6-Moorings(/search/usa/florida/south-west/naples-area/west- naples/moorings/keywords:naples 9)#104328 t w..•//..,.,.....,rhn,nm/ca•rr•h/ileaIflnriria/en::th-tar act/nanlae-arpa/kpvwnrrlc•nanlec%h,7(1fl R/76/7017 VR130)is Vacation Rentals By Owner rage j or 1i (http://www.vrbo.com/104328) From$140/nt Luxury Neapolitan Home:Online Booking! (USD) (httP://www.vrb (http://www.vrbo.com/1o5149) 38R+/2BA-Sleeps 6-8-Naples Park(/search/usa/Florida/south-west/naples- view details area/vanderbilt-beach/naples-park/keywords:naples fl)#105149 O'ccp://www.vrbe.rnm/'°5149) 2 Luxury Monte Carlo Home:Online Booking-Inquire Now! From$155/nt (USD) (http://www.vrb (http://www.vrbo.com/1o5178) 3BR+/2BA-Sleeps 6-8-Moorings(/search/usa/Florida/south-west/naples-area/west- view details naples/moorings/keywords:naples fl)#105178 (http://www.vrbo.com/'05178) 5 Quiet Waterfront Condominium in North Naples $3000-$4000/mo (http://www.vrb (http://www.vrbo.com/106044) (usD) 2BR+/2BA-Sleeps 4-6-Other Vanderbilt Beach Properties(/search/usa/florida/south- View details west/naples-area/vanderbilt-beach/undesignated-vanderb/keywords:naples fl)#106044 (http://www.vrbo.com/1°6044) 0 Luxury Boutique Beach House with Heated Pool $950-$1950/wk (USD) (http://www.vrb W (http://W W.vI'bO.COm/115861) FE 3BR/2BA-Sleeps 6-Naples Park(/search/usa/florida/south-west/naples-area/vanderbilt- View details beach/naples-park/keywords:naples 19)#115861 8ittp://www.vetwLeom/u5860 25 Naples Beachfront-Perfect Haven to Relax! $4800-$7000/mo (httP://www.vrb (http://www.vrbo.com/117140) 2BR+/2BA-Sleeps 4-6-Continental Club(/search/usa/florida/south-west/naples- view details area/west-naples/continental-club/keywords:naples fl)#117140 tnnp://www.vroo.com/117t401 8 We're 1st for a Reason Best Rates on 5 Star Luxury $975-$2100/wk (USD) (http://www.vrb (http://www.vrbo.com/1.3.791.7) 2BR+/2BA-Sleeps 6-Cottages(/search/usa/florida/south-west/naples-area/west- view details naples/naples-bay-resort/cottages/keywords:naples Fl)#117917 fl1 '//www•vrbo•eom/117917) 9 Forida Get-Away!! Lakeside Home W/Private Pool&Lake Views $900-$1400/wk- $4600/mo (httP://www.vrb (http://www.vrbo.com/119815) (USD) 3BR+/2BA-Sleeps 6-10-Crown Pointe(/search/usa/Florida/south-west/naples-area/east- view details naples/crown-pointe/keywords:naples fl)#119815 (httpr//www.vrbo.com/119815) 5 5*****Luxury 5 BR Villa with Pool,Spa&Club Membership. $2950-$6250/wk (http://www.vrb (USD) (http://www.vrbo.com/120 129) 5BR+/3.5BA-Sleeps 10-Lely Resort(/search/usa/florida/south-west/naples- view details area/lely/lely-resort/keywords:naples fl)#120129 (http://www.vrbo.com/120129) 33 5*****Luxury 4 BR Villa with Pool,Spa&Club Membership $2,850-$5,250/wk (u5D) (httP://www.vrb (http://www.vrbo.com/123456) http•//www vrhn cnm/searchhisa/florida/south-west/nanles-area/kevwords:naples%20fl 8/26/2012 VRBO®is Vacation Rentals By Owner t-'age 6 of 13 4BR+/3BA-Sleeps 8-10-lely Resort(/search/usa/florida/south-west/naples- (littp://www.vrboxont/123456) area/lely/lely-resort/keywords:naples fl)#123456 18 Naples Bay Resort-All Fees Included,No Extra Charges! $995-$2500/wk (hitp://www.vrb (http://www.vrbo.com/124918) (USD) 2BR+/2BA-Sleeps 6-Cottages(/search/usa/florida/south-west/naples-area/west- view details naples/naples-bay-resort/cottages/keywords:naples fl)#124918 OattP'//w.rw.vrbo.com/i24gt8) 6 Beach Cottage One Block from World Famous Ritz Carlton Resort $90041300/wk- (http://www.vrb (http://www.vrbo.com/127511) $3000-$a000/rno (USD) 2BR/1.SBA-Sleeps 4-Private Homes(/search/usa/florida/south-west/naples- View details area/vanderbilt-beach/homes/keywords:naples fl)#127511 (http://www.vrbo.com/tz7511) 0 000-$8000/mo Luxury Condo in the Dunes at Vanderbilt Beach ;3 (USD) (http://www.vr) (http://www.vrbo.com/128935) 3BR/2BA-Sleeps 6-The Dunes(/search/usa/florida/south-west/naples-area/vanderbilt- view details beach/dunes/keywords:naples(I)#128935 (http://www.vrbo.com/128935) 1 FEI Luxury Furnished Florida Dream in Adorable Falling Waters $595-$795/wk_ 9-22000 (http://www.vr) (http://www.vrbo.com/132988) (uSD) 2BR/2BA-Sleeps 4-Falling Waters(/search/usa/florida/south-west/naples-area/east- 'View details naples/falling-waters/keywords:naples fl)#132988 (http://www.vrbo.com/132988) 0 Nanlec Ocp.onfrnnt Snecial-Only R12n Per Night Through Sentember! $120-$315/nt (http://www.vrb (http://www.vrbo.com/149347) - - 2BR+/2BA-Sleeps 6-Bayshores(/search/usa/florida/south-wesVnaples-area/vanderbitt- view details beach/bayshores/keywords:naples fl)#149347 (http://www.vrbo.com/149347) 0 Naples Bay Resort Free Nites!2 Bed Plus Den Deluxe From$900/wk (USD) (http://www.vrb (http://www.vrbo.com/149874) 2BR+/2BA-Sleeps 6-Naples Bay Resort(/search/usa/florida/south-west/naples- view details area/west-naples/naples-bay-resort/keywords:naples fl)#149874 (http://www.w60.00m/149874) 0 3,500 Square Foot Luxurious Vanderbilt Beach Condo/Dunes $5,000 $12 000/mo (USD) (http://www.vrb (http://www.vrbo.com/156311) 3BR+/3.5BA-Sleeps 6-8-The Dunes(/search/usa/florida/south-west/naples- View details area/vanderbilt-beach/dunes/keywords:naples fl)#156311 (http://www.srbo.eom/156311) 1 Waterfront-Naples Close to Ritz/Beach and Nightlife From$3oo/nt- tri (http://www.vrb $1200/wk-$4000/ o (http://www.vrbo.com/157381) us Dollars 3BR+/2BA-Sleeps 6-9-Private Homes(!search/usa/florida/south-west/naples- (USD) View details area/vanderbilt-beach/homes/keywords:naples fl)#157381 (http://www.vrbo.com/15738t) 0 $1300-$2,600/wk (USD) (http://www.vrb ),t+,.•//unv.1,urhn rnm/cparrh/ica/fletrirla/cnnth_west/nanlec-area/kevwnrds:nanles%20fl 812612012 V Kt3U()is vacation Kentals 13y Owner F age / or 1.5 • Beautifully Furnished Cottage-Naples Bay Resort View details (http://www.vrbo.com/157536) (http://www.vrbo.com/157536) 3BR+/2BA-Sleeps 6-8-Other Olde Naples Properties(/search/usa/Florida/south- west/naples-area/olde-naples/undesignated-olde-na/keywords:napies Fl)#157536 1 Gorgeous New Luxury Home in Lely Resort-Private Pool/Hot Tub $1000-;1300/wk- (http://www.vrb $3500-$5000/mo (http://www.vrbo.com/158335) (USO) 3BR+/2BA-Sleeps 6-8-Lely Resort(/search/usa/Florida/south-west/naples-area/lely/lely View details -resort/keywords:naples fl) #158335 (http://www•vrbo•com/158335) 25 Vanderbilt Beach Home on Wide Bay,Mins to Beach! From$250/nt- (http://www.vrb p:// / 59 $1750/wk-;6000/mo (htt www.vrbo.com 1 848) (uso) 3BR+/3BA-Sleeps 8-9-Private Homes(/search/usa/Florida/south-west/naples- View details area/vanderbilt-beach/homes/keywords:naples fl)#159848 (http://www•vrb°•com/159848) 2 The Dunes Luxury Resort Condo Vanderbilt Beach $5000-$6500/mo (http://www.vrb (USD) (http://www.vrbo.com/163795) 3BR/2BA-Sleeps 6-The Dunes(/search/usa/florida/south-west/naples-area/vanderbilt- view details beach/dunes/keywords:naples Fl)#163795 (http://www•vrb°•com/163795) () FEI Aug 8-November 1$895 Week+Cleaning Fee Special $895-;1779/wk (http://www.vrb (http://www.vrbo.com/1733o9) (uso) 2BR+/2BA-Sleeps 4-6-Naples Bay Resort(/search/usa/florida/south-west/naples- view details area/west-naples/naples-bay-resort/keywords:naples Fl)#173309 (http://www.vrb°.com/13309) 9 Luxury Tuscan Vacation Home:Online Booking!Inquire for Info! From$140/nt (http://www.vrb (http://www.vrbo.com/180056) (uso) 3BR+/2BA-Sleeps 6-8-Naples Park(/search/usa/florida/south-west/naples- View details area/vanderbilt-beach/naples-park/keywords:naples fl)#180056 (http://www.vrbo.com/i80056) 2 Old Naples Private Villa Two Blocks from Venetian Village ;1000-;1500/wk- mo (http://www.vrb (http://www.vrbo.com/181462) $4000-$5000(USD) 2BR/2BA-Sleeps 2-4-Other Olde Naples Properties(/search/usa/Florida/south- view details wesVnaples-area/olde-naples/undesignated-olde-na/keywords:naples Fl)#181462 (http://www.vrbo.com/181462) 0 Olde Naples Luxury 4BR Home-Truly Close to Beach&5th Ave $9,500-$19,500/mo (http://www.vrb (http://www.vrbo.com/182916) (uso) 4BR/3BA-Sleeps 8-Other Olde Naples Properties(/search/usa/Florida/south-west/naples view details -area/olde-naples/undesignated-olde-na/keywords:naples fl)#182916 (http://www.vrbo.eom/182916) 5 Sterling Oaks 3 Bedroom/3 Bath Home with Heated Swimming Pool 4,000-2,700/month us (http://www.vrb (http://www.vrbo.com/183268) 3BR+/3BA-Sleeps 6-Sterling Oaks(/search/usa/florida/south-west/naples•area/north- View details naples/sterling-oaks/keywords:naples Fl) #183268 (http://www.vrbo.com/183268) 8 http•//www vrhn cnm/cearch/nca/florida/conth-west/nanles-area/kevwor(1s!nanles%25fl R/?6/7O17 V lusvt is v acanon icentais isy owner r agc v1 Recently Renovated Condo at Vanderbilt Beach $2000-$3500/wk- (http://www.vrb (http://www.vrbo.com/184103) 56$00-si0000.auso 3BR/3.5BA-Sleeps 6-Regatta(/search/usa/Florida/south-west/naples-area/vanderbilt- View details beach/regatta/keywords:naples fl)#184103 (http://www.vrbo.com/184103) 13 Ocean Front in Naples Cay-Weekly,Monthly,Seasonal Rentals. $1400-2500 wkly (http://www.vrb (http://www.vrbo.com/196821) (USD) 3BR/2BA-Sleeps 6-Other Naples Properties(/search/usa/Florida/south-west/naples- View details area/undesignated/keywords:naples Fl)#196821 (http://www.vrbo.eom/196821) 1 Regatta...nth Floor Condo with Views of Gulf of Mexico. ;1000-$5000/wk (http://www.vrb (http:// www.vrbo.com/197197) 3BR/2BA-Sleeps 6-Regatta(/search/usa/Florida/south-west/naples-area/vanderbilt- View details beach/regatta/keywords:naples Fl)#197197 (http://www.vrbo•com/197197) 7 Executive Waterfront Pool Home(http://www.vrbo.com/197312) From$1290 wk-$7500 mo (http://www•vrb 3BR+/2BA-Sleeps 6-8-Private Homes(/search/usa/Florida/south-west/naples- (USD) area/vanderbilt-beach/homes/keywords:naples Fl)#197312 view details (http://www.vrbo.com/197312) FEI Beautiful Lakehouse 4 BR/21/2 BA House in Crown Pointe $1000-$1200/wk- (http✓/ww w.v:b (http://www.vrbo.com/1999i6) $3600-$4800/m) 48R/2.5BA-Sleeps 8-Crown Pointe(/search/usa/florida/south-west/naples-area/east- view details naples/crown-pointe/keywords:naples Fl)#199916 (http://www.vrbo.com/199916) 0 Exquisitely Furnished,South Florida Villa with Private Pool From$1000/wk (http://www.vrb (http://www.vrbo.com/202458) 3BR/2BA-Sleeps 6-Briarwood(/search/usa/florida/south-west/naples-area/east- View details naples/briarwood/keywords:naples fl)#202458 (http://www•vrbo.com/202458) Gated Tennis/Boat Community with Water Shuttle to Beach $1600-$3200/mo (USD) (http://www.vrb (http://www.vrbo.com/21o726) 2BR+/2BA-Sleeps 4-6-The Colony(/search/usa/florida/south-west/naples-area/north- view details naples/wiggins-bay/wiggins-bay-the-cold/keywords:naples fl) #210726 (http://www.vrbo.eom/210726) 2 Special offer Halloween/Thanksgiving Any Two Weeks Until Mid-Dec$1870 Inc Jul 16,2012 to Aug 31,2012 Very Competitive Rates,Please Request a Quote $850-$160°/wk (USD) (http://www.vrb (http://www.vrbo.com/211436) 2BR/2BA-Sleeps 4-Fifth Avenue Beach Club(/search/usa/Florida/south-west/naples- view detaila area/olde-naples/fifth-avenue-beach-c/keywords:naples Fl)#211436 (http://www.vrbo.com/211436) 7 Cozy Old Naples Waterfront Condo(http://www.vrbo.com/212816) $525-$925/wk (USD) (http://www.vrb 1BR+/1.25BA-Sleeps 2-4-Other Olde Naples Properties(/search/usa/florida/south- west/naples-area/olde-naples/undesignated-olde-na/keywords:naples fl)#212816 dettillf (http://www.vrbo.com/212816) 17 httn•/hvtutu vrhn rnm/cearrh/nca/flnrida/ernrth-west/nanlec-area/kevwords_nanles%20fl 8/26/2012 v tctso )is vacation Rentals by owner rage 7 01 1 East Naples-4 Bedroom/3.5 Bath Pool House in Crown Pointe ;1000-;1200/wk (http://www.vrb (http://www.vrbo.com/212863) $1200/wk(USD) 46R/3.5BA-Sleeps 8-Crown Pointe(/search/usa/florida/south-west/naples-area/east- View details naples/crown-pointe/keywords:naples Fl)#212863 (http://www.vrbo.com/212863) 0 Relax in the Quiet Comfort of Our Villa(http://www.vrbo.com/213834) From$800/wk- (http://www.vrb $2500/mo 3BR/2BA-Sleeps 6-Falcons Glen(/search/usa/Florida/south-west/naples- (uSD) area/lely/falcons-glen/keywords:naples fl)#213834 view details (http://www.vrbo.com/213834) 7 Luxury!Private Pool House Near Vanderbilt Beach W 5o"TV ;850-;1500/wk (http://www.vrb (http://www.vrbo.com/214214) (USD) 3BR/2BA-Sleeps 6-Naples Park(/search/usa/florida/south-west/naples-area/vanderbilt- View details beach/naples-park/keywords:naples fl)#214214 (http://www.vrbo.com/214214) 13 Beautiful Golf Condo on 16th Green!(http://www.vrbo.com/215673) $1600-$3400/mo (USD) (http://www.vrb 2BR/2BA-Sleeps 4-Cypress Woods(/search/usa/florida/south-west/naples-area/north- naples/cypress-woods/keywords:naples fl)#215673 view details (http://.vww.vrbo.00m/215673) 1 FEI On the Bay-1.5 Blocks to White Sand Beach From;1200/wk(USD) (http://www.vrb (http://www.vrbo.com/216543) 2BR/2BA-Sleeps 4-Barefoot Pelican(/search/usa/florida/south-west/naples- View details area/vanderbilt-beach/barefoot-pelican/keywords:naples fl)#216543 (http://www.wbo•mm/216543) 4 ATnur 7'..v..rin..e . Ri]/nRA nwei Slnnr('nonh FTewn ..rith(`2..1f Rr 1.171-Vi $2500-$4000/mo (http://www.vrb (http://www.vrbo.com/217718) 3BR/2BA-Sleeps 6-8-Heritage Bay(/search/usa/florida/south-west/naples-area/north- view details naples/heritage-bay/keywords:naples fl)#217778 (http://www.vrbo.com/217778) 0 Beautiful Tropical Home in Fabulous Lely Resort $5,000-;7,000/mo (USD) (http://www.vrb (http://www.vrbo.com/219236) 4BR/3BA-Sleeps 8-Lely Resort(/search/usa/Florida/south-west/naples-area/lely/lely- view details resort/keywords:naples fl)#219236 (http://www.vrbo.com/219236) 17 Your Dream Vacation Home!Beautiful View of Lake&Waterfall! $1200-$3200/mo (http://www.vrb (http://www.vrbo.com/219523) (USD) 2BR+/2BA-Sleeps 4-5-Falling Waters(/search/usa/florida/south-west/naples-area/east- View details naples/falling-waters/keywords:naples fl)#219523 (http://www.yrbo.com/219523) 4 Olde Naples Luxury Villa New 4BR/4BA-Pool-Outdoor Kitchen $1500-$3000/wk- (http://www.vrb (http://www.vrbo.com/219866) ;6,000-;12,000Umo (USD) 4BR/3BA-Sleeps 8-Other Olde Naples Properties(/search/usa/florida/south-west/naples View details -area/olde-naples/undesignated-olde-na/keywords:naples fl)#219866 (http://www.vrbo.com/219866) 1 From;105/nt hitrr//www.vrho.com/search/usa/florida/south-west/naoles-area/kevwords:naples%20fl 8/26/2012 v Rtsuig)is vacation Rentals tsy owner rage it)u) 13 (http://www.vrb Naples Golf Course Rental:Updated Capri at Lely Golf Estates! (USD) (http://www.vrbo.com/222946) view details 2BR/2BA-Sleeps 4-Lely Golf Estates(/search/usa/florida/south-west/naples- (http://www.vrbo.eom/222946) area/lely/lely-golf-estates/keywords:naples fl)#222946 0 Luxurious 8th Floor Condo-Breathtaking Ocean and Bay View $1400-$2200/wk (http://www.vrb (USD) (http://www.vrbo.com/223o16) 3BR/2BA-Sleeps 4-6-Regatta(/search/usa/florida/south-west/naples-area/vanderbilt- View details beach/regatta/keywords:naples fl)#223016 (http://www.vrbo.eom/223016) 0 Paradise!-Fiddler's Creek Luxury Coach Home Next to Pool $2750-$400(USD) (http://www. b (http://www.vrbo.com/223583) (uso) vr 3BR+/3BA-Sleeps 6-8-Fiddler's Creek Resort(/search/usa/Florida/south-west/naples- view details area/fiddlers-creek/flddlers-creek-resor/keywords:naples fl)#223583 (htt4p'//www.vrbo•eom/223583) 1 Closest to Beach in Naples-Spectacular Views from All Rooms $2500-$600(USD) (http://www.vrb (http://www.vrbo.com/228485) (uso) 2BR/2BA-Sleeps 4-Moorings(/search/usa/florida/south-west/naples-area/west- view details naples/moorings/keywords:naples fl)#228485 (http://www.vrbo.com/228485) O FEI Come Discover What Florida Living Truly Means 22000-;5000/nto (http://www.vrb (http://www.vrbo.com/228838) (uso) 38R+/2BA-Sleeps 6-8-Lely Resort(/search/usa/florida/south-west/naples-area/lely/lely View details -resort/keywords:naples fl)#228838 (buiw//www.vlbo.em/228838) 17 Cozy Getaway Condo(http://www.vrbo.com/230734) 5600-51000/wk- (http://ww.vrb $1300-$2500/mo w 2BR/2BA-Sleeps 2-4-Coral Falls(/search/usa/Florida/south-west/naples-area/lely/coral- (USD) falls/keywords:naples fl)#230734 View details (http://www.vrbo.com/230734) 3 Olde Naples Architect's Bungalow W/Pool!Short Stroll to Beach $7000/mo5+4i (http://www.vrb (http://www.vrbo.com/244313) tax+$49Insurance 38R/2BA-Sleeps 6-Other Olde Naples Properties(/search/usa/florida/south-west/naples (USD) View details -area/olde-naples/undesignated-otde-na/keywords:naples fl)#244313 (http://www.vrho.eom/249313) 3 Famous Resort Near Downtown Naples and Famous Beaches $1000-$2300/wk (http://www.vrb (http:// www.vrbo.com/24618o) $230(USD) 3BR/2BA-Sleeps 6-Naples Bay Resort(/search/usa/florida/south-west/naples-area/west view details -naples/naples-bay-resort/keywords:naples fl) #246180 (http://www.vrbo.eom/24618o) 11 Walk to Beach&Gorgeous Westerly Lake View $5000-$600(USD) (http://www.vrb (http://www.vrbo.com/24736i) (use) 2BR/2BA-Sleeps 4-Pebble Creek(/search/usa/florida/south-west/naples-area/pelican- view details bay/pebble-ceek/keywords:naples fl)#247361 (http://www.vrbo.eom/247361) 0 httr.•//unlnir lmhn rnm/cearrh/lea/flnrirla/cnnth-watt/nanlec-arpa/kevwnrrlc•nanleco/7f)fl R/7Ai/71117 VKBO()is Vacation Rentals By Owner Page I 1 of 13 Stunning Newly Remodeled Top Level 2 BR Unit with Marina View $700-;1200/wk- (http://www.`rb (http://www.vrbo.com/248893) ;z000-53so(USD) (USD) 2BR/1.5BA-Sleeps 4-Beau Mer(/search/usa/florida/south-west/naples-area/west- View details naples/beau-mer/keywords:naples fl)#248893 (http://www•vrbo•com/248893) 0 Luxury Resort&Spa Paradise Walk to 5th Ave Naples&Beaches $1100-$2300/wk (USD) (http://www.vrb (http://www.vrbo.com/249663) 3BR/2BA-Sleeps 2-6-Naples Bay Resort(/search/usa/florida/south-west/naples- View details area/west-naples/naples-bay-resort/keywords:naples tl)#249663 (http://www•vrbu.eom/249663) 30 2BR/2BA Condo Across the Street from Beach with Direct Access $1980-$4,400/'"0 (http://www.vrb h www.vrbo.com 2 0 6 (USD) ( ttP�// / 5 7 3) 2BR/2BA-Sleeps 4-Moorings(/search/usa/florida/south-west/naples-area/west- View details naples/moorings/keywords:naples fl)#250763 (http://www.vrbo.eom/25o763) 0 Naples Carriage Home-Best Location in the Dunes! $5,000-7,500/mo (nttp://www.vrb (http://www.vrbo.com/254933) (USD) 3BR+/2BA-Sleeps 6-10-The Dunes(/search/usa/florida/south-west/naples- view details area/vanderbilt-beach/dunes/keywords:naples fl)#254933 (htip://www.vrbo.com/254933) 4 FE New Home(2009),3 Houses from Beach in Old Naples! $15,000-$20,000/mo (http://www.wb (http://www.vrbo.com/255404) asD> 5BR/4.75BA-Sleeps 8-10-Private Homes(/search/usa/Florida/south-west/naples- View det ils area/olde-naples/oldenaples-private-h/keywords:naples fl)#255404 (http://www•vrbo.00m/255404) 0 Beautiful Condo on Gulf(http://www.vrbo.com/257292) 8,100-11750/mo (http://www. b (USD) w 2BR+/2.5BA-Sleeps 4-6-Park Shore(/search/usa/florida/south-west/naples-area/west- naples/park-shore/keywords:naples fl)#257292 View details !http://www.vrbo.eom/257292) 0 Naples,Dunes 9th Flr-Gulf View-Walk to Beach-Book 2013 Now! x4500-;650(U/SD) (http://www.wb (http://www.vrbo.com/261607) 36R/2BA-Sleeps 6-The Dunes(/search/usa/florida/south-west/naples-area/vanderbilt- View details beach/dunes/keywords:naples fl)#261607 (http://www.vrbo.com/261607) 0 From Luxury Golf Course Villa on Lely Resort(http://www.vrbo.com/263171) (USD) (http://www.vrb 3BR+/2BA-Sleeps 8-Lely Resort(/search/usa/florida/south-west/naples-area/lely/lely- resort/keywords:naples Fl)#263171 View details (http://www.vrbo.eom/263171) 0 Olde Naples.Newly Remodeled Condo!!! $550-$1100/wk- (http://www•vrb (http://www.vrbo.com/264342) $2200-;360(USD) (USD) 1BR+/1.25BA-Sleeps 4-Beau Mer(/search/usa/florida/south-west/naples-area/west- View details naples/beau-mer/keywords:naples fl)#264342 (http://www.vrbo.com/264342) 7 From$1650/mo httn-Hurouum t rho rnm/cenrrh/nca/florida/cnnth_lupct/nanlPC-arpa/lrpvnvnrrlc•nanlPeo/')f)fl 2/')A/)f11') v)ciao)is v acanon xentais by owner Page 12 of 13 (http://www.vrb Bundled Golf Course Gated Community.1.5 Miles from the Beach. (USD) (http://www.vrbo.com/265878) View dean. 2BR+/2BA-Sleeps 4-8-Stonebridge Country Club(/search/usa/Florida/south- (http://www.vrbo.com/265878) west/naples-area/north-naples/stonebridge/keywords:naples fl)#265878 0 Condo-Steps Away from the White Sands of Vanderbilt Beach $1000-$1700/wk (http://www•vrb (http://www.vrbo.com/267124) (USD) 3BR/2BA-Sleeps 5-6-Baypoint(/search/usa/Florida/south-west/naples-area/vanderbilt- View details beach/baypoint/keywords:naples fl)#267124 (http://www.vrbo.eom/267124) 7 Newly Renovated!Near Vanderbilt Beach&Ritz Carlton $1150-$1595/wk (nttp://www.vrb (http://www.vrbo.com/270359) (USD) 3BR/2BA-Sleeps 6-8-Naples Park(/search/usa/florida/south-west/naples- view details area/vanderbilt-beach/naples-park/keywords:naples Fl)#270359 (http://www.vrbo.com/270359) 5 Perfect Home for Your Florida Beach Vacation New Renovations From$350/nt- (http://www.vrb (http://www vrbo.com/271826) $900/wk-$2800/D) 38R+/2BA-Sleeps 6-Naples Park(/search/usa/florida/south-west/naples- View details area/vanderbilt-beach/naples-park/keywords:naples Fl)#271826 (http://www.wbe.com/271826) 1 PEI Tropical New Home in Park Shore.Walk to Naples Grande Resort From-$3000/m° (http://www.vrb (http://www.vrbo.com/272962) (USD) 3BR/3BA-Sleeps 8-Park Shore(/search/usa/florida/south-west/naples-area/west- view details naples/park-shore/keywords:naples fl)#272962 (hop://www•vrbo.com/272962) 2 North Naples-Bonita Springs,Florida-Magnificent Private 3 BR From$225-$278/nt (http://www.vrb (USD) (http://www.vrbo.com/274694) 3BR/3BA-Sleeps 6-8-Other North Naples Properties(/search/usa/florida/south- Viewdeails west/naples-area/north-naples/undesignated-north-n/keywords:naples fl)#274694 (http://www.vrbo.com/274694) 0 3 Min to Priv Beach Large 3 BR/21/2 BA,ist Flr Mbr,2 Car Gar $3700-;4950/mo (http://www.vrb (USD) (http://www.vrbo.com/275420) 3BR/2.5BA-Sleeps 6-8-Park Shore(/search/usa/florida/south-west/naples-area/west- View details naples/park-shore/keywords:naples fl)#275420 (http://www.vrbo.eom/275420) 1 Tranquil Getaway&Championship Golf in Lely Resort,wk/Month $800-$1300/wk- (http://www.vrb (http://www.vrbo.com/276247) $1600-$3200/( mo (USD) 2BR/25A-Sleeps 4-Greenlinks(/search/usa/florida/south-west/naples- View details area/lely/greenlinks/keywords:naples fl)#276247 (http://www.vrbo.com/276247) 0 Naples F1.Vanderbilt Beach Waterfront Luxury Home! $1950-$2950/wk- (http://www.vrbo.com/279775) $6950-;995(USD) (USD) 38R+/3BA-Sleeps 6-7-Private Homes(/search/usa/Florida/south-west/naples view details area/vanderbilt-beach/homes/keywords:naples fl) #279775 (http://www.vrbo.com/279775) 4 http://www.vrbo.com/search/usa/florida/south-west/nanlec-area/keyworrlc•nanleto/7nfl 2 114/1(111 V lvnv■v Is v acauun LCentals»y'owner Page 13 of 13 • (http://www.vrb 1 12(/search/rsa/florida/south-west/naples-area/keywords:naples fl/page:2) 3(/search/usa/florida/south-west/naples-area/keywords:naples fl/page:3) 4(/search/use/florkfa/south-west/napla-area/keywores:napkes fl/page:4) 5(/search/usa/florlda/south-west/naples-area/keywords:naples fl/page:5) 6(/search/usa/f or da/south-west/naples-area/keywords:naples fl/page:6) 7(/search/usa/florkla/south-west/naples-area/keywords:napl s fl/page:7) 8(/search/usa/florida/south-west/napl s-area/keywords:napkes fl/page:8) 9(/search/usa/florida/South-west/naples-area/keywords:naples fl/page:9) 10(/search/usa/florida/south-west/naples-area/keywords:naples fl/page:l0) 11(/search/usa/flodda/south-west/naples-area/keywords:naples fl/page:11) 12(/search/usa/florida/south-west/naples-area/keywords:naples fl/page:12) 13(/search/usa/florlda/south-west/naples-area/keywords:napies fl/page:13) 14(/search/usa/florkla/south-west/naples-area/keywords:naples fl/page:l4) (/search/usa/florida/south west/naples 15(/seerdt/usa/florida/south-west/naples-area/keywords:naples fl/page:15) anreai iklirgErPies E%* FEI TAKE. TAKE TAKE Sponsored Advertisement List Your Property(http://www.vrbo.com/global/owner.htm) Testimonials(http://www.vrbo.com/global/testimonials.htm) Advantages (http://www.vrbo.com/global/advantages.htm) Rental Guarantee(http://guarantee.homeaway.com/vrbo/) Links(http://www.vrbo.com/global/Iinks.htm) VRBO Stayed Here(http://www.vrbo.com/stayedhere) VRBO®is Vacation Rentals by Owner®with more than 42 million visits per year.Specializing In BY OWNER vacation rentals,homes,condos,cabins,villas and apartments. u,,.,m,e,ayeuuca env rnanayev,em unnpames.io report any prooiems won tnis sire,please use our neap form (http://www.vrbo.com/support)I URL:http://www.vrbo.com/ I ©Copyright 1995-2011 by VRBO.com,'Inc.,All rights reserved.(http://www.vrbo.com/global/copyright.htm) Use of this website constitutes acceptance of the VRBO Terms and Conditions(http://www.vrbo.com/global/termsandconditions.htm)and Privacy Policy (http://www.vrbo.com/global/pnvacy.htm)."VRBO","Vacation Rentals by Owner",&"Carpe Vacationum-Seize the Vacation'"Reg.U.S.Pat.&TM Off http://www.vrho.com/search/usa/florida/south-west/nanles-area/kevwnrds•nanles%2flfl R OFnn 1 _z731 From robert rossomando rsquared6887 @gmail.com toathomson @colliertax.com date Mon, Mar 12, 2012 at 12:25 PM subject Business tax receipt Hi, I have one dwelling unit that I rent three rooms to tourists. I'm currently paying tourist tax under ID#9720. My question is: Do I need a business tax receipt to do this?If so how do I obtain one? Thanks for your help, Bob From Andrea Thomson AThomson @colliertax.com To robert rossomando <rsquared6887 @gmail.com> Date Mon,Mar 12, 2012 at 12:32 PM Subject RE: Business tax receipt Hello, You are only required to obtain a business tax receipt if you consider it a business. If you are going to be doing this as a business we can email or fax you the application packet you will need. Thank you, Andrea Thomson Business Tax Receipt Dept (239)252-2477 From robert rossomando rsquared6887 @gmail.com To Andrea Thomson<AThomson @colliertax.com> Date Mon, Mar 12, 2012 at 12:41 PM Subject Re: Business tax receipt Dear Andrea, Thank you for your quick response. I don't consider it a business, I consider it as rental property. What defines it as a business or not? Regards, Bob From Andrea Thomson AThomson @colliertax.com To robert rossomando <rsquared6887 @gmail.com> Date Mon, Mar 12, 2012 at 12:50 PM Subject RE: Business tax receipt Hello, That was actually the answer we had been told to give per the county attorney. I would have to get back to you on the legal description. My supervisor will be back tomorrow& I will be able to ask her then. Would you like me to email you with the legal description? Andrea Thomson Business Tax Receipt Dept (239)252-2477 From robert rossomando rsquared6887 @gmail.com To Andrea Thomson<AThomson @colliertax.com> Date Mon, Mar 12, 2012 at 12:55 PM Subject Re: Business tax receipt Dear Andrea, Yes, please email the legal description. Thanks, Bob From Carolyn Francis CFrancis @colliertax.com To robert rossomando<rsquared6887 @gmail.com> Date Tue, Mar 13, 2012 at 10:52 AM Subject RE: Occupational question from the Website Sony for the delay. I understand you've been in communication with Andrea. She has relayed your information to me. If this is your personal property and the only activity occurring from this location is renting the rooms,you are not required to obtain a Business Tax,however,you will need to contact the Department of Business&Professional Regulation about registering for lodging(850-487-1395) and the Collier County Zoning Department to see if renting multiple rooms is allowed from your location. (239-252-5887) If you have any questions,please feel free to contact me again. Sincerely, Carolyn Francis, Branch Office Manager Business Tax Receipts 2800 N Horseshoe Drive Naples,FL 34104 Phone: 239-252-2478 Fax: 239-643-4788 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120004933 COLLIER COUNTY, FLORIDA, Plaintiff, vs. IRVIN M & BEVERLY JACKSON, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:3210 4th AVE NE Naples, FL SERVED: IRVIN M & BEVERLY JACKSON, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendaice at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa paid 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. CESD20120004933 Irvin M and Beverly Jackson Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation:No Collier County Building Permits for enclosed bottom floor of a stilt home and adding living space with a bathroom and an addition of a game room,den and bathroom. 3. Location/address where violation exists: 3210 4t1i Ave NE Naples, FL 34120 Folio # 40680520009 4. Name and address of owner/person in charge of violation location: Irvin M and Beverly Jackson 3640 54th Ave NE Naples,FL 34120 5. Date violation first observed: April 2"d, 2012 6. Date owner/person in charge given Notice of Violation:April 2"d,2012 7. Date on/by which violation to be corrected: May 2"d,2012 8. Date of re-inspection: August 24th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this t Q day of October,2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S'• '. n to(or air i, ed) and . bscribed before this ld day of October,2012 by ( 'Ignature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or .•iced identification Type of identification produced ._ NOTARY r .. T.•\T';;)FFtCRIDA yn� t CJininissi:):1,:` ?9317 r.. .,. - r`;`::` 7,2014 BONDEDTHriC ,..;TL:� „.1)INGCO.,MC, REV 8-19-11 Case Number: CESD20120004933 Date:April 02,2012 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JACKSON, IRVIN M & BEVERLY 3640 54TH AVE NE NAPLES , FL 34120- Location: 3210 4th AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 77 W1/2 OF TR 8 Folio:40680520009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Collier County Building Permits for enclosed bottom floor of stilt home adding living space with a bathroom and an addition of a game room,den and bathroom. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 05/02/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient AFFIDAVIT OF MAILING Code Case Number: CESD20120004933 Respondent(s): JACKSON, IRVIN M & BEVERLY THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirley Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3640 54TH AVE NE NAPLES, FL 34120, on 4/3/12 (Date), at 8am (Time). (Signature Code n orcement Official) Shirley Garcia STATE OF FLORIDA COUNTY CF COLLIER Sworn to(oF affirmed)and1subscribed before me this i day of Y, ) , 2012 by Shirley C�r i 1 (r!ame cb . n it ; 'tc.• t) AC/14,A' e9c4 (Signature of Notary Public 000 PCA,0 INDIRA RAJAH * c_ * MY COMMISSION if EE 126592 EXPIRES:December 7,2015 /4-of ct�'A Seettee11m,Budget Notary Services (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of ir'err:fiooiion prod' F AFFIDAVIT OF POSTING Code Case Number: CESD20120004933 Respondent(s): JACKSON, IRVIN M & BEVERLY THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 3210 4th AVE NE , on April 2nd, 2012 (Date), at_2:OOpm_ (T' e), and at the_X Collier County Courthouse—Immokalee Courthouse. 0 dv (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_2nd day of April , 2012 by Patrick Baldwin (Name of person m- ing - - ement) gnature of Notary Public)'4' blic) • (Print, type or stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STAT7 OF FLORIDA X Personally known \Arley . „"., i..�1i :' �` 1293 % .1 rri ; 1 Produced identification E�?.:�." . 07,2014 BONDED TERU ATLANTIC BONDING CD,,INC, Type of identification produced *** INSTR 4662699 OR 4768 PG 3432 RECORDED 2/28/2012 4:22 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $196.00 REC $10.00 CONS $28,000.00 Ix • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 11-2010-CA-00277I BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff; vs. GEOFREDO ALFONSO A/K/A GEORFREDO ALFONSO; SIOMARA ALFONSO; BANK OF AMERICA; NA; JOHN DOE N/K/A KIORKIS RODRIGUES; JANE DOE N/K/A MARI WHITE,et.al. TR. CQJX • • Defendant. / �t I-FIITATE T\TLE _ The undersigned Clerk f t liu e i '(h o e :ted d filed a certificate of sale in this action on -_ i_• �,-. 0'I2„, r p Peril/desc • • h and that no objections to the sale have been filed within the ti al owed for filing objec11 I►s. e f leti ng property in Collier County, Florida: '� rO THE WEST 112 OF TRACT 8,OF GD. Dt 'FE- A IT NO.77,ACCORDING TO THE PLAT THEREOF, AS REC`b f?N! • BOOK 5, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. was sold to:Irvin M t \y Jac.kic-) , 3(114 0 51-14-n f--ve ur✓ Naples, rL 3u/a o WITNESS my hand and the seal of the court this c14y,pcs��,,f�e67, (GL,C/ ,2012. ✓ RCrl5cn Ar) hu 4-SGhncia PL c DwifBrock'' ; ✓C-Ito rta.6 -J Sio Mara AIt"on5o 1\sCierk oflfieCptrt}'- ✓ /Llccrl J Gl pyi 6{2'�a-nK � �YI7 er Deputy Clerk.• ✓ l t v i rl 1•-t+ (3e per l y f-1 S c k an 10-02694 .. • • • ORDINANCE NO. 04-41 • AN ORDINANCE OF THE BOARD OF,COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- GLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA •DF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; • PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATIDN OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC, 1."01.00 TITLE, SEC. 1.0200 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.D6.D0 RULES OF IN I ERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC.1.D8.D0 DEFINITIONS; CHAP-IER.2 - ZONING 'DISTRIU-15 AND USES, INCLUDING SEC. 201.00 GENERALLY, SEC. 2.0200 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDmONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05:00 DENSITY STANDARDS, SEC. 206.00 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 PRO i EC- , TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- T TON, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GRDUNDWALER PROTECTION; CHAP-I-ER 4 - SI I E DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 ' • GENERALLY, SEC.4.02.00 Si!E DESIGN STANDARDS,SEC.4.03.D0 SUBDIVISION DESIGN AND LAYOUT SEC. 4.D4.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREE I • •PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUl-1-ERING, AND VEGETATION RE- TENTION, 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; CHAP]ER 5- SUPPLEMENTAL STANDARDS, • INCLUDING SEC, 5.01.00 GENERALLY, SEC. 5.0200 HOME OCCUPATIONS, SEC, 5.03.00 . ACCESSORY USES AND S.I HUCTUBES, 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.D6.D6 POLITICAL SIGNS; CHAPTER 6- INFRASTRUO- • TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING • SEC.5.01.D0 GENERALLY,SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.00 WAS I EWATER SYSTEMS AND IMPROVEMENTS 5 IANDARD, SEC. a,04.DD 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; CHAPI ER 8 - DECISION-MAKING AND • ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01-D0 GENERALLY, SEC. 8.0200 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. 6.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC, 8.09.DD COMMU-_ • • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS • PROM CODE REQUIREMENTS, INCLUDING'SEC, 9.01.00 GENERALLY,SEC. 9.02.D0 DEVEL OPMENTWITH VESTED RIGHTS, SEC,9.03.00 NONCONFORMITIES,SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.DD .GENERALLY, SEC, 10.0.2_00 APPUCATIO.N REQUIREMENTS, SEC. 10.03.00 • B. • Building or Land Alteration Permits. • • 1. • Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his • designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations.For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be • - . required. Examples include but are not limited to clearing and excavation permits,•site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to • altered, Utilized or allowed to•exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals In the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction, • • • • • • • • • • • • B. Budding or Land Alteration Permits. 1. Building or and alteration permit and certificate of occupancy compliance process. e. improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of.fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4:06.D4 A. of this Code; removal of exotic vegetation shall be exempted upon receipt ofa vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of.any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). • • • • • • COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120004933 Board of County Commissioners, Collier County, Florida Vs. Irvin M and Beverly Jackson Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20120004933 DESCRIPTION OF VIOLATION: No Collier County Building Permits for the enclosed bottom floor of a stilt home adding living space with a bathroom and an addition of a game room, den and bathroom. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Irvin M & Beverly Jackson Inv. Patrick Baldwin Department Case No CESD20120004933 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board i Nom. BOARD OF COUNTY COMMISSIONERS, Case: CESD20120008679 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERRY J KRAMER, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:825 11th ST SW Naples, FL SERVED: TERRY J KRAMER, Respondent a Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied•upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA cy34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibies en Is audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat 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.CESD20120008679 Terry J. Kramer, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Permit#2006014872 for a steel building and permit#2004080864 for a pool and electric have both expired without all required inspections and the issuance of a Certificate of Completion/Occupancy. 3. Location/address where violation exists: 825 11th St. SW.,Naples,FL 34117 Folio 37014480003 4. Name and address of owner/person in charge of violation location: Terry J. Kramer, 65 Perch St., Haines City,FL 33844 5. Date violation first observed: June 6,2012 6. Date owner/person in charge given Notice of Violation: August 25,2012 7. Date on/by which violation to be corrected: September 23,2012 8. Date of re-inspection: November 8,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board • public hearing. Dated this 13th day of November, 2012 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER p /I�,, S orn • (or of ed)and subscribed before this/1 d y of ve4b,ti2012 by 0/1.12-A S�P1 "'" Signature •l Not.‘ Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification t t A L E-EIRLEY G41 .A- Type of identifica on produced PLiatiC 67% r orrnr, r�1pp v' i REV 8-19-11 E 1 �¢ Ext ire'S{ l Case Number: CESD20120008679 Date:August 23, 2012 Investigator:Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KRAMER, TERRY J 65 PERCH ST HAINES CITY, FL 33844- Location: 825 11th ST SW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 9 TR 69 OR 1977 PG 201 Folio: 37014480003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals,agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit#2006014872 for a steel building and permit#2004080864 for a pool and electric have both expired without all required inspections and the issuance of a Certificate of Completion/Occupancy. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND/OR obtain a demolition permit, must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 09/23/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED Y: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT v 2800 North Horseshoe Dr, Naples, FL 34104 Investigator S gnature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient N 7) N -_-_--__-_ - • • ■ V) 2 ? 2 1 ,c5) 0 owp '33 p ' 1, w `DZ D � � uvi D ' ��� A� m CC) a3 Z � m 0�* _ '° Co Z7 m � a -00 ma 3 0 w 0 In !. co ND 710 � mma<a x r° r A ,i r -< N R - z w to 7. N cm O N p«ap �' 11j A, ru o N 0 m N 00 O 4 Z c7 0 m d „.., c=1 :.- \itp > P P rill 0 P, CD 0 6� a a r: i ma �7; ^l E @ I'", " a \ x ". 5.,�� i. co f'U t�,Y m a - n iA n . S a p b �7 3 L. , ..t ., . § . ,.., 0- 3 0 o N ' • rn Al" N O al ❑ K ❑❑�� 1s • �� I m 6i 0 4 o0 a > `j i • . , a', `' ' v c.ax i m li a _C o .C7 CD ALL 0 • D y.6 a X Z O a N c is c w N C a) o = .: o v) C) 'a r- w > C) cr ..�....— a c O O c) co C3 C) N 4T d. C3 E V C ° u- c Tao 0 0 0 pct? o o° w '- Z ti) w T C) d C) C) -C c) T _ O a :, L1J N , CJUNZV) H J a_ A; C u) p • 2 .._ ,. , . ,„ 0 ,_ _ _ __ . . , _ 1 _ _ _ ,i) ., _ , ___ _ _ Building permits must be'obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord.No.04-72,§3.BB;Ord.No.06-63,§3.SS;Ord.No.07-67,§3.U;Ord.No.08-63,§3.KK) 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a 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 ctT /oni 1 O 1851 542 84Aus 17 Ali s:48 00I 977 000201 COLLIER COUNTY • RECORDED OR BOOK PAGE r2EC 2 FRA1 A•�� QOC INT ;NQ $ 100,000.00 cons. $ 10.50 rcdg. $ 700.00 st.s. �s WARRANTY DL39'I',�,'`,'Q_A./_ /� THIS >forRRAN Y DAD made the �•' day of C/LEA (F , A.D. 19 9i , by Violet Stetkewicz , the unremarried surviving spouse of Emil Stetkexicz, deceased s hereinafter called the or, t �f F Terry J. Kramer, Air, „216 5 n �`4,,,,, i ki.,),/,' \'‘',:c\\ hereinafter cal ed th + ra hose i 'bTft"ce-'a..'ess is: J 825 itht. S.W. , 'k s, lorida 3 999 (Wherever use here . th- te=j •r to ' . d ee ncl de the p rties to this instrument an the irs leg. re es nta i s .: a--i s '•,,f,J' nd ■idua S. and the successors an assi' s co .,..rat ons ) t" �SSTTH{ hq' o' f r And n o deratio )of he ui.,4f $10.00 and other valuable cons 8 era t•n•', ipt ',.- is 4;, ^"ackno oa. --. hf rants, bargains, sells, aliens,' s' s, releases, conveys and con unto the gr , ail that certain land situate i :-r County, Florida, viz: Folio :3701f4.0 4. Tract 69, Golden as : ates, Unit No. 9, in accord e w h d ect to the plat recorded in Plat : 4.;, age 99, Public Records of Col io ^t �, lorida. , X . Received $ ocumentary C1 - Received $ Class -C' Intangib ----•-� ^^-" _Personal Property Tax 0 r• . 6'IPA CLEW CIRCUIT CDUF.T B !a 1 ho #-.. i1 D.C. • Toarre t with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO AAVE AND TO NOLO, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1993, and easements, restrictions and reservations of record, and easements and restrictions common to the subdivision. V t • . . • 0 0 I 9 7 7 0 0 0 2 0 2 ... i . • - • . . OR 800K PAGE • . . . . III WITILSS =mop, the said grantor has signed and sealed these presents the day and year first above written. SIGNED, sealed and delivered in our presence: ; . • --49/141V4e7(6`n//U 1 .Y'iilv- '•"4 1 L.S. • Witness No (Print name below) Vio,..-tStet ewicz 62ViL,z Ap4(6--,e ____,..... _ /i (Printed ) -.---\ Coti, 11.4--1. ,r (FoL.,Q . „,... ,,,_ ----, 41/- L.S. - •1 , "" WI. mss No. 1 (Prim• ./ _„.,40 ■ C3J2_Y•-q- C-, rtZ4Q.06■P (Printod name) . STATED? /, • et TZ-----Th cocorrr or areLr2M1f I . .. . ..... ....1 \ •. 57 Tbe foregoing ins - •ti(w:: :-..- 0 .1, d ..f. 6, • s. ,f.,, fry'of 19 9 , bY Violet) St,ke •cz , TIF . \ / • who is personally kn. • to 1 who gas • -• ied lif:4' 6 • ,' . as idántificatiOm. • ("N \am ‘,, ,,,,,,,,,e)\\.....,,,...,,:"/ : t: ig. i i--.4 I ,......_.A... . . f ,, My COmititi.... I (- ) i...„ v1 \•• . •'‘‘‘`.:....... • ''(70 ',,,, ..) . '7,:i.. .....h.c,*'• , - 7.8 -/ (Pei 7-6 fc • do,, 0.),.....;,,, (prim ed„,a.W4g, )-40,•„, ...-.', - -• . ., -, t." "")^..,. . . 4,.....---'''' ,,--\\11.,,„V 4Aii. ii,. .,A*1018,L,•1,13;k:,;„:1••••''''' •-•L1.- . October 4, 1119:9---*"*". COOED TIM MY FM MIME IIIC. RETURN TO PRZPARER: This instrument prepared by P. R. Coleman, President, MUD441= TITLE MET= COKPANT OF FLORIDA, 3936 No. Tamiami Trail, Naples, FL 33940, (813)262-2163, in conjunction with the issuance of title insurance. File No. 24355/DJ (deed) v,,,°,TVS,':::: '..... cfe.i-C4 --.'" •- ., ."..-:, 7,'7.....&...7.1•.•-•:;;:,... -:7......!•,'. '.:..:;:-,. --,..it'-'-' ="-ce.;•......„...-,:-•.,:":17.•■ '-' - . • •, . • . . . -,-‘. ••„•••••-: •_.. • • . . . , . . . . . ',;,,.-,7.:}T:7":?•':.',''''''..:7...:•,-.;:.:. .....•.. : ••._. __'._'.•_. r. . ' • . - •... ... .....-- ..----.--;--•-:.-•.'. •• • - - C1>?.7 k2bOnlo Page 1 of 1 / cI .. � ic'. �w.+r. 4 � * e :." r 4 .�. "�. x"..1,,,:#,,. :„ ,�p 4.�.. a�jet •V.{,.g� "ea "s 4,..,;,''.7":" prq�i C *'4' �. Also" w+ .;g # ", �: .1`.,t It wM ?5r 15;;;" `� y �r 4 ► ^ fin` '.4' { t .� �� to �x.wy �"� �' �� ', � � '`mow , ' � t � ■ :; _ de , ,4 , -' a.. '`' i 9e Gaa4G.re; s ,. x 'y'4 „ ,,. L ,:z. .r42.,N6M4,4 , _ .,., ,,, ,,,._...... .,_ ., ., . r; q , < 1 yw t ,A J } °. . 1.w„,-Nel.67. - . . . ,..,4 ‘1*,....41,.... , -_, . ..,.0407:40,.....**: tq ' �w w t y? .; Sk* '`K. ,x .' ` t s 3 ViM i”t " # » . a"' v,iai* a * y} t $w,dt � '.t •a r '. t: .i 'a al apraovc Coltw County R http://www.collierappraiser.com/webmap/output/Collier 2012_sde0364326580954412.jpg 11/8/2012 t ., . A i1 _ 0. ‘ "* , 1 '� .: 4 r f , . . r� 7 : Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Terry J. Kramer Inv. Chris Ambach Department Case No CESD20120008679 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20120008514 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERRY J KRAMER, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION:825 11th ST SW Naples, FL Ar SERVED: TERRY J KRAMER, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENT TLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EA T TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en Is audienda y usted sera responsable de roveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor taiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEVR20120008514 Terry J.Kramer.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41,as amended Section 3.05.08(C) 2. Description of Violation:Presence of Collier County prohibited exotic vegetation. 3. Location/address where violation exists: 825 11`h St. SW Naples,FL 34117 Folio 37014480003 4. Name and address of owner/person in charge of violation location: Terry J. Kramer 65 Perch St. Haines City,FL 33844 5. Date violation first observed: June 11,2012 6. Date owner/person in charge given Notice of Violation:June 13,2012 7. Date on/by which violation to be corrected:July 13,2012 8. Date of re-inspection: October 25,2012 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 0? day of/4.z"4 2012 C� Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r-,\‘,_1___. p ,m0. 4 om to(or a irmed) afnd subscribed before thi day of 2012 by ` .)6 (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known i o oduced identification Type of identification produced NOTARY PUBLIC-,:7. FLORIDA -,NOTARY C: _::•ativley ,fit;, i Coc.1! 121E129317 Exp. _ _. E 07,2014 BONDED THRC:.r. . ._.?:;D W G CO.,IN0. REV 1-4-12 Case Number: CEVR20120008514 Date:June 13,2012 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KRAMER, TERRY J 65 PERCH ST HAINES CITY, FL 33844 Location: 825 11th ST SW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 9 TR 69 OR 1977 PG 201 Folio: 37014480003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Collier County Land Development Code 04-41, as amended Section 3.05.08(C), 3.05.08 (A)(6) The removal of prohibited exotic vegetation shall be required in perpetuity. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Collier County prohibited exotic vegetation including, but not limited to: Brazilian Pepper. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Collier County prohibited exotic vegetation. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. ON OR BEFORE: July 13, 2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Sigp Phone: 239 252-2440 FAX: 239 252-2343 David Jones Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan, Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. 1 (...„,c--15) AFFIDAVIT OF POSTING Code Case Number: CEVR20120008514 Respondent(s): KRAMER, TERRY J THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I David Jones, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 825 11th ST SW, on 6/13/2012 (Date), at_1:OOpm (Time), and at the_X_Collier County Courthouse_Immokalee Courthouse. (Signature of Code - e ement Official) David Jones STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this ( day of ,jt,�. — 2012 by David,}ones(Name of person making statement) (Sig rture of Notary\Pu • )` SHIRLEY GARCIJ rr B STATE NOTARY OF PU FLOF{LIC IDf\. ∎ 2.Cornm#OD0343I�;~r( 4., .0.0 ,,.�irgn 111'7,4 !, (Print,type or stamp Commissioned Name of "" 'f a Notary Public) Personally known _Produced identification Type of identification produced p AFFIDAVIT OF MAILING Code Case Number: CEVR20120008514 Respondent(s): KRAMER, TERRY J THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirley Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 65 PERCH ST HAINES CITY, FL 33844, on 6/14/12 (Date), at 7am (Time). y naturee o L)U Bnfor fhent Official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to(o affirmed)and subscribed before me this i day of .1:t1/1.P- ,2012 by Shirley Garcia(Name of person making statement) '7 (Signature of Notary Public) NOTAR •UBLIC-STATE OF FLORIDA � Kimberly Brandes Om =Commission#DD926130 ' Expires: SEP. 17,2013 DQNDED TURD ATLANTIC BONDDDGCO.,INC. (Print,type or stamp Commissioned Name of Notary Public) X_Personally known Produced identification Type of identification produced r�3 3.05.08 - Requirement for Removal of Prohibited Exotic Vegetationz Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auricufiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper(Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf(Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. Any person who supervises up to eight (8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two- family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. • 01851542 94 AUG 17 AH 8:48 001977 000201 COLLIER COUNTY • RECORDED OR BOOK PAGE REC..- PRA1 Pr•�� DCC INT ;ND $ 100,000.00 cons. $ 10.50 rcdg. $ 700.00 st.s. WARRANTY DR= THIS 1O1RRANTY DRZD made the �" day of �t�?CG� , A.D. 19 9V, by Violet stetkewicz , the unremarried surviving spouse of Emil Stetkewicz, deceased t77.-- lz,.- t hereinafter called the or, tq „tiV, n Terry J. Kramer, A rson tt r t hereinafter called th 'gr ose po s'g"3Trioa-ate 'ess is: 825 Ith 5t. S.W. , '?apres, lorida 3999 (Wherever use here th to ggra�nto d r • eel cl:de 1\the p rties to this instrument an the irs leg 1 regires Rta i s a i:, fc1' ndi`vidua s, and the successors an assi co rat ons ) 6 WI�gs�g a� x hoe, o fend n o derati „of he dul..6,f $10.00 and other valuable cons era jo ipt is ackno :. •.T.I.k he ants, bargains, Sells, aliens s-s, releases, conveys and co41ms unto the all that certain land situate in �_-r County, Florida, viz: �,.(FOlic :37011 4. .Q� ) ""�� ems . Tract 69, Golden ates, Unit No. 9, in actor? �e Wi h , .sum ect to the plat recorded in Plat .o-ge 99, Public Records of of •ua'itY'; lorida. "rte) Received f_ ,turocurnentaty t C �. Received $ _ Class 'C' Intaagib _Personal Property Tax 0 . BR% CLERK 0 CIRCUIT CVUi:T 6 at o.c. TOGMTNNR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO RAW AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1993, and easements, restrictions and reservations of record, and easements and restrictions noeneon to the subdivision. • - 001977 000202 OR BOOK PAGE I*1HTMESS IOREASOP, the said grantor has signed and sealed these presents the day and year first above written. SIGNED, sealed and delivered in our presence: t `.3/Zf•�//7 li-f:t /44.‘,11/. .„___•---f•1 L.S. Witness NW(7(Print name below) Vio et Stet ewicz / s LE E,e � (Printed ) . r _, - as No. 2 (Prin. .,' -. .:.""7" If' JoVey E. rZCz ,p -'r New` (Printed name) - .1 ........„.1..1\ STATIC or /, 0•'a.. Alf--- --.,c caaatrr or Ll'7!1_! The foregoing Las —tome 3 edgaed .ef. s • y of 1$ 94t, by 1Violeti St ke 'cz ‘ , who is • personally ... •- to:to o mho gni ad •. - .'�. s i tification. My Cowissi.. __ ■: (. ) 11.1 I . PnDl ; •t" below) 1C2.sith •�/Bedwii (Printed ). . _ fir OcNOb.4. "kC:.S." men awn mar ram sa+mLL mu RXTDR1 TO P& PRR><R: This instrument prepared by P. R. Coleman, President, atIDItEST TITLE GUARANTEE COURANT OF FLORIDA, 3936 No. Tamiami Trail, Naples, FL 33940, (813)262-2163, in conjunction with the issuance of title insurance. File No. 24355/DS (deed) . 9!?I COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEVR20120008514 Board of County Commissioners, Collier County, Florida Vs. Terry J. Kramer Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended Section 3.05.08(C) David Jones, Code Enforcement Official Department Case No. CEVR20120008514 DESCRIPTION OF VIOLATION: Presence of Collier County prohibited exotic vegetation. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must obtain any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within days of this hearing or pay a fine of$ dollars a day until abated. 2. The prohibited exotic vegetation base/stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within days or a fine of $ per day will be imposed. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Terry J. Kramer Inv. David Jones Department Case No CEVR20120008514 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black &White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120007062 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FRANK MOOTISPAW, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Designation and Elimination/Hazardous Buildings.22-236 LOCATION OF VIOLATION: 1180 Sugarberry ST Naples, FL 34117 SERVED: FRANK MOOTISPAW, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon Intel)*pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEPM20120O07O62 Frank Mootispaw,Respondent(s) - STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinance,Chapter 22,Article VI, Section 22-236 2. Description of Violation: House severely damaged by fire. 3. Location/address where violation exists: 1180 Sugarberry St.Naples,FL 34117 Folio#309560005 4. Name and address of owner/person in charge of violation location: Frank Mootispaw 1180 Sugarberry St.Naples,FL 34117 5. Date violation first observed: May 11`h,2012 6. Date owner/person in charge given Notice of Violation: May 25th,2012 7. Date on/by which violation to be corrected:June 11`h,2012 8. Date of re-inspection: October 8th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 2.54-K day of October,2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r Sworn to(or affirmed)and subscribed before thiscJ day of October,2012 by Patrick Baldwin (Signature of Notary Public)` (Print/Type/Stamp Commissioned Name of Notary Public) Personally knowr�). or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Colleen Crawley Commission#EE129317 Expires: JUNE 07,2014 Map THRU ATLANTIC BONDING Ca,INC. REV 1-5-11 Case Number: CEPM20120007062 Date:May 25,2012 Investigator: Patrick Baldwin Phone:2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MOOTISPAW, FRANK 1180 SUGARBERRY ST NAPLES , FL 34117 Location: 1180 Sugarberry ST Unincorporated Collier County Zoning Dist: AG • Property Legal Description: 15 49 27 S1/2 OF S1/2 OF SW1/4 OF.NE1/4 OF NE1/4 2.5 AC Folio:309560005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Method for Designation and Elimination of Hazardous Buildings.Collier County Code of Laws,Chapter 22, Article VI, Section 22-236 If condition n appropriate person,as identified in r under re,he shall make an itemized report of all hazards identifies w thin the area ofh s expertise eand condition ewstng within a building or structure, in writing,and certify said report to the housing official.The Housing Official shall then notify the owner of the offending property, 9. servedd that said owner hazardous condition remedied. notice at either lo upon the f or l by ctrfi mail, receiP teq est at the add ess of he owneraslist d nhe tax collector's for tax notices. the building or structure is occupied,the Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the property,or upon the agent or operator...: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). )id Witness: Fire Marshall determined due to fire damage that the home is unlivable. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with the housing official determination to condemn any building, dwelling, structure or accessory structure and vacate any and all so designated premises Dangerous buildings are defined as buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human human habitation, ati o or which in relation to adequate existing use egress,constitute ehi hazard constitute a fire hazard, or are otherwise dangerous to safety or health by reason of inadequate maintenance, dilapidation,obsolescence, or abandonment. ON OR BEFORE: 06/11/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, - d costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE, SERV' D Y: DIRECTED TO CODE ENFORCEMENT (42 C� 2800 North Horseshoe Dr, Naples, FL 34104 Inv- igator Signature Phone:239 252-2440 FAX: 239 252-2343 Patrick Baldwin . , \ r' /Sir re and Ti e of Re* pient - M Print-; Name of Recipient G. aarco roar or wean.rtY tto O T,Yi ra r.a,r,s A. D. I4 c....‹.by This s Na hd � rranty deed fat ,he 1 day of • It7 hereinafter called the grantor.to cV' p ° -• A P8ax '1ct i3 (� whose postal f ice address Is `1 Q �4� �3—1 4 1 hereinafter called the grantee' W C482.2-4 d, �:r, s rah t.n....r d thM on. bees had.ear ".r.aw M an ..r,hn ere.'. as.afar at rrer.Mw1 IM Min, lent erernud,w awe.+ter al IneleNaeh, UUitnesseth:Thai the grantor.for and in consideration of the Sum of S(•D.°,1'2 and other •CO : twluahle conslderatlom,receipt where.)is hereby ae&nowledaed, hereby grants. bargains. selfe. aliens, re- IA mists. releases,conveys and confirms unto the grantee.all that certain lortd situate In `"t County,Florida.uitt II_ %E Y.)._ so iki - 10 S2C y v y‘ kic fli C • e 7..., y�, ,a_*y,M y.fa m N� U tN K • Qa 2 Together with II the leneman . anis and a purlenanns hereto clanging or in any- = ' .u.oppertninln•. 1B 5-1 To Hu and(roll; lh sa e I /s ,It m P .}}�� at ih ran r Is I woolly seised of said land nQQ the •rant Is wllhsat g In fee simple: drill g hr a f thorlty set and oe aid land:that the grantor hereby �I ' . ae 16 defen s. • ns he lawful claims of all persons who K.and that sold land V free of allItu m6ran ..f excel kri accruing subsequent to December St. I4 � p If ell . ■«gym i ) •C c 3Q ILMS lNher th. y al re those presents the Jay and year (lest above written. Signed.sealed aetiner our uremia*: /de / . I //f{�� sraa told Cos pCOmtte 015 STATE OF --vier r ___"r or ,(µ,ms CO Y nn briars coq as ol[itne duly 4.4 O I HEREBY CERTIFY that on this day, ..— 0 authorised in the State aforesaid and in the County aforeaid to take Received$� CO acknowledgment;'ti penoeellr ai>a•redd Documentary tamp TeX u o -e-� Collier County,Florida o William J. t:o9an,Clerk vhe exec tea ��.1 p. J.. ■ )4477'4A-61' =`°�'r"tIon5.ckmwkdted hef me Jute j.S.kLJ �� f [O'M�.ir,swraem na—+a.."7 4. i•1•,, { ,.. � ITNESS my hand and olrrc1.1 seal In the Coons adl j;�:r o I Va0t1.:waF.fip.larw+;d thh ,A.D.I g?i'f :7r j;., KK.bi0T T ,,^cfrr,;l r ,rrcn!prepared by: 5 a m ab *bar O. o x 1 K en�.a "'`•:::.`,7,.`::%7 ....1.1f11 COUNTY F, IY --- 0 \-IV 6)6,-CS)C 3393 1 L • Sec. 22-236. - Standards for the repair or demolition of hazardous building by the County. --r 1. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls. outside of the middle third of its base; or b. Whether the non-supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Frank Mootispaw Inv. Patrick Baldwin Department Case No CEPM20120007062 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 6 78 0.022 $1.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $79.72 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $79.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20120011611 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OLD BARN INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use- Generally1.04.01(A) LOCATION OF VIOLATION:2879 Orange Blossom DR Naples, FL SERVED: OLD BARN INC, Respondent Stephen Athey, Issuing Officer ) RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU.TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tenor'vini avek yon intepret pou pale pou-ou. Colleen Crawley From: Mark Bates [mark @mcb100.com] Sent: Monday, November 19, 2012 10:19 AM fo: Colleen Crawley Cc: MuchaJoseph; AtheyStephen; Steve Bracci Subject: Request for Continuance Case:CEPM20120011612 and CELU2012001161 Ms Crawley..... As discussed just now by telephone I will be out of town on a previously scheduled trip on 11/29 and request a continuance of this hearing. I understand this will most likely be in January (by which time the problem at my property will probably be corrected.) I will keep Mr Mucha and Mr Athey advised as you suggested. Please confirm receipt of this message. Thank you 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20120011611 Old Barn, Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: I. Violation of Collier County Land Development Code 04-41 as amended, Sections 1.04.01(A)and 2.02.03 2. Description of Violation: Prohibited use of property zoned Commercial Planned Unit Development(CPUD). 3. Location/address where violation exists: 2879 Orange Blossom Dr., Naples, Fl 34109 Folio 235960009 4. Name and address of owner/person in charge of violation location: Old Barn Inc., 1613 Chinaberry Way,Naples, Fl 34105 5. Date violation first observed:August 2nd,2012 6. Date owner/person in charge given Notice of Violation: August 23rd,2012 7. Date on/by which violation to be corrected: September 24th,2012 8. Date of re-inspection: September 26th,2012 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this I y day of ikkaV , 2012. Stephe`:' - Cod:'°nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t• =r of NOV• before this4(4 day of r�, ,2012 by S (Si 0471—ire of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Delicia Pulse Commission#EE049564 REV 1-4-12 „;0/Expires: JAN.16,2015 BONDED THRV ATLANTIC BONDING CO.,INC. Case Number:CELU20120011611 Date:August 22,2012 Investigator:Stephen Athey Phone:2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: OLD BARN INC 1613 CHINABERRY WAY NAPLES, FL 34105- Location: 2879 Orange Blossom DR Unincorporated Collier County Zoning Dist: CPUD Property Legal Description: 1 49 25 E1/2 OF NE1/4 OF NE1/4 OF SW1/4 AND E 15.98 FT OF W1/2 OF NE1/4 OF NE1/4 OF SW1/4 LESS RW Folio:235960009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, nb building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Property is being used as storage for a Nursery/Storage for Tree Wizzard Nursery, Property is zoned Commercial Planned Unit Development. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must cease all illegal use at any and all property other than property zoned for such use as identified in Ordinance 04-41, as an-men :ed, Section 2.04.03, Tables 1 and 2 AND/OR Remove ilegal use and activity from unimproved property and/cr property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.033(`'0(5) end/or intended allowable uses in 2.04.03,Tables 1 and 2 2. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amended ON OR BEFORE: 9/24/2012 Failure to correct violations may result in: 1) Mandator., n- 1,ce nr'pear or issuance of a citation that may result in fines up to $500 and costs of prosecution. Ci 2) Code Enforc°-rant Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and cc is of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si.- ur- '` Phone: 239 252-2440 FAX: 239 252-2343 Stephen Athey ff etdr"k /A re and Title of Recipient , r7 75 Printed Name of Recipient r ) Date This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. Municode Page 1 of 1 1.04.01 - Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). ,„., ,.,,,,,knri„t.asnx?h=&clientlD=13992&HTMRequest=http%3a%2f... 9/27/2012 Municode Page 1 of 1 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. httn://library.municode.com/nrint.asnx?h=&cl i entlI)=13 992&HTMR eauest=httn%3 a%2f... 9/27/2012 2418185 OR: 2500 PG: 0576 IICOIDID in OFFICIIL UCOFDS of COLLIII COMM, FL 01f07/15 at 03:34PK DIICMT I. IIOCI, CLIII COTS 50000,00 TUC /II 24,00 IIDIIIIG 1.00 DOC•.70 350.00 Ran: KOUISOM I CORM This instrument prepared by: 3131 TAIIIMI TR 1 1401 EDfWD R. E tYANT, JR. SOLIS 11 34103 700 11th Street South, PH-II Naples, Florida 34102 WITHCUJT OPINION OF TITLE WARRANTY DEED THIS INDEITIURE, made this /031 day of G7ecerixr, 1998, between JANIS S. HUDSON, JUDITH A. BICE and DAVID BURKE STni4EBURNER, Co—Trustees of THE STONEBJRNER DISTRIBUTABLE TRUST, with full power and authority to protect, conserve, sell, ` otherwise manage or dispose of the property conveyed S. HUDSON, Individually, JUDITH A. BICE, Individualh1y�,.,,�,., DAVID BURKE , Individually, as GRANTOR, and OLD BARN/ c., Florida co tion, the GRANTEE, whose address is S 5 l 1 C :` . / r WITNE:SSEIH That,•#;se; ,a "' •" � a • tin consideration of the sum of TEN DOLLARS ` - a' tYisr '•••. atid a j'el considerations to said GRANTOR in hand •-i I , . :•-ipt,Iwhereof and hereby acknowledged, has • • •;` a fold-gin a - 3( and GRANTEE'S heirs and assigns fo the following ' .ibed a `, situate, lying and being in Collier Oountyl•rida, to-wit: / ' \ € fir Legal i—. . ion of Real ppd , Attached . e hit / r r n �`a i Property ID Number < 5 Y (7.4'(- SUBJECT TO: Restrictions, reservations and easements of record and real estate taxes for the current and subsequent years. AND said GRANTOR does fully warrant the title to said lard and will defend the same against the lawful claims of all persons whensoever. "GRANTOR" and "GRANTEE" are used for singular or plural, as context requires. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and OR: 2500 PG: 0577 seal the day and year first above written. Signed in the presence of: .', - .--1A-taS ir sigpat - Janis S. Hudson, Individually and ....C.2:- Cr. i/..;- ___ as Co-Trustee Print Name •f •i. r--- , ---.- .--)/ - Witness >F1i4e Print Name of Itness -------- -------, .% -VEY- COLI-, STATE OF FLORIDA COUNTY OF COLLIER / \ The foregoing istrumefitwas . 4 ;-- edged'lefOre me this A.%71, day of,4rAr40764.-7-• , *-N-1 1,ri 1-•' ",,,\ /A/ is persona,ilytknawhitra*\\ 1 D / / has presentedhi6 Flota 011er' s\l_d , ; or identificat i,Lt.;i ) 4 ...)/ ,,..4 /,',,..'1 Print Name ccammos.....a. A gr CC S111142 0 Notary Public 'I ce are common woes Corrniss ion Number cs p. OCT i 5,2000 My Commission Expires: „. . .. . . .,. .,. . . ,-. OR: 2500 PG: 0578 Signed in the presence of: / ---.7 - • • Nc--- - / "Or”' -1 .L.Ve-e----• ... . ■ .• 0, Signsiture. , „.' 4 udith A. Bice, Individually and / d e're, /(7A°V,/,07-3" ' / as Co-Trustee Print._ . - i less (// -- ---, , _ -- ,/' 1/7/ itness - -7: - ",... ... , ,, ./ ,c, -- Print Name of W tness ----- AVZ C.Cp-----, / -)"..-!,------ 1/4-- , .(t ,./ --\\ STATE OF FLORIDA / ‘,..) s OF 7 / / marry COLLIER / .0 . i. / _,The foregoing i Ira.trt,,,..v:./AF.,..'---.4---+Ire.lk5iged"-*fo\re /!..r.-./ day me this of s.,/kdoew,A6•0-41) , 11948, bYt oimpilli A.1- 119E k l410 1 /A'/ is Personall41t .i. tk Ile f) 1 ik,ir--'- 1) I L___,'" I }:11 / / has preserked • --1'1... al lar.iftaer's-"...laceils—es' , or / / has produc44L __ _4-___ ) ,,, :'..„, / as identificat4* 1 / -.....r/ ,,,, /," ›ftr / try( . / .-- / - -Si ture_ ov A. OFFICIAL NOTARY SEAL ' Print Name f g*6 MAIN3 N VIVANT a CONIMMON IMMO= Notary Public A ri CC$1111420 Ccrnmission Number 7., e se coramor EXPIMU Oi F‘.0 OCT 13.2000 My Commission Expires: OR: 2500 PG: 0579 Signed in the presence of: / 1 t?.:_ Si. . • -.EY David Burke Stobrner, . _ _ �� Individually and as Co-Trustee Print Name of,} (...2-j"" / .. , bless Si•rR f Print Name of Wi =-- %j� `STATE OF FLORIDA ,/ ;-''� � COUNTY OF COLLIER \ \ 1 ' � / fl foregoingissntrmetiti `was - • • edged bef ,\ me this G day of i�•rrndcv , A.99E .,pw„,: r.1 yr,- :.P• a• who /.{'/ is •- ., .ily , r, i / i/ \ 1 / / has p =- t4kd i�orkda i e 's'I.acenses� or / / hasp .., ....�' / °r`.i e___._ r 1 as identificaki � ,,r i 1' /� i/ V,,:', \\Y ; ;f. t / Print Name o%W"k¢_ 43ow�o m irrwe AI Notary Public .S ! • `F O0�0r""`Q Cc mission Ntm�ber, :,- CC555420 7i of it/COlaMSOM OPINES �Or it OCT 15,2000 My Commission Expires: *** OR: 2500 PG: 0580 *** EXHIBIT "A" The East '/t of the Northeast 1/4 of the Northeast 1/4 of the Southwest '/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, Less Road Right of Way and The East 15.98 feet of the West '/: of the Northeast '/.of the Northeast 1/4 of the Southwest '/. of Section 1, Township 49 South, Range 25 East, Collier County, Florida,Le$s.Road Right of Way r / Containing 6.1 Acres QrrLes K ,r M t / / • I ( , \ ?\ / COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20120011611 Board of County Commissioners, Collier County, Florida Vs. Old Barn, Inc. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Sections 1.04.01(A) and 2.02.03 Stephen Athey, Code Enforcement Official Department Case No. CELU20120011611 DESCRIPTION OF VIOLATION: Prohibited use of property zoned Commercial Planned Unit Development(CPUD). RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Cease prohibited use of this Commercial Planned Unit Development (CPUD) zoned property within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Old Barn, Inc. Inv. Steve Athey Department Case No CELU20120011611 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120011612 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OLD BARN INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Dangerous Building22-235(3) LOCATION OF VIOLATION:2879 Orange Blossom DR Naples, FL SERVED: OLD BARN INC, Respondent Stephen Athey, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con las comunicaciones de este evento.Por favor taiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa paid angle tanpri vini avek yon intepret pou pale you-ou. Colleen Crawley From: Mark Bates [mark @mcb100.com] Sent: Monday, November 19, 2012 10:19 AM fo: Colleen Crawley Cc: MuchaJoseph; AtheyStephen; Steve Bracci Subject: Request for Continuance Case:CEPM20120011612 and CELU2012001161 Ms Crawley..... As discussed just now by telephone I will be out of town on a previously scheduled trip on 11/29 and request a continuance of this hearing. I understand this will most likely be in January(by which time the problem at my property will probably be corrected.) I will keep Mr Mucha and Mr Athey advised as you suggested. Please confirm receipt of this message. Thank you • 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CEPM20120011612 Old Barn, Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s)Collier County Code of Laws, Chapter 22,Article VI, Section 22- 234(3) 2. Description of Violation: Building Official has deemed structure dangerous. 3. Location/address where violation exists: 2879 Orange Blossom Dr., Naples, Fl 34109 Folio/ 235960009 4. Name and address of owner/person in charge of violation location: Old Barn Inc., 1613 Chinaberry Way,Naples, Fl 34105 5. Date violation first observed: August 2nd, 2012 6. Date owner/person in charge given Notice of Violation: August 23rd,2012 7. Date on/by which violation to be corrected: September 23rd,2012 8. Date of re-inspection: September 26th,2012 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this PL( day of /UoV , 2012. Apri, Stephen by Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or .ffirme • d be •re thisi'( day of NoV ,2012 by SN.--e? tv%. ('" Hof Notary P-7777 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC-STATE OFFLORIDA Type of identification produced Delicia Pulse __Commission#EE049564 ���,,F Expires: JAN.16,2015 BONDED TARL ATLP.:c T IC BONDING CO,INC REV 1-4-12 Case Number: CEPM20120011612 Date:August 22,2012 Investigator:Stephen Athey Phone:2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: OLD BARN INC 1613 CHINABERRY WAY NAPLES , FL 34105- Location: 2879 Orange Blossom DR Unincorporated Collier County Zoning Dist: CPUD Property Legal Description: 1 49 25 E1/2 OF NE1/4 OF NE1/4 OF SW1/4 AND E 15.98 FT OF W1/2 OF NE1/4 OF NE1/4 OF SW1/4 LESS RW Folio:235960009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Dangerous Building Notice of Violation. Collier County Code of Laws, Chapter 22 Building and Building Regulations,Article VI, Section 22-234(3) (3) The housing official is authorized to condemn any building,dwelling, structure or accessory structure,which is in violation of this Code and is unsafe,unfit or unsanitary for human occupation and constitute a dangerous building or structure. The housing official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy.The failure of any person to comply with such order within the time designated by said housing official shall be subject to the penalties of this article.Any unauthorized person removing,defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in section 1-6 of this Code of Ordinances.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Building on Property in dilapidated condition with risk of collapse. Holes in roof,siding missing, general failure to maintain structure. Building Official has declared the building unsafe. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with the housing official determination to condemn any building, dwelling, structure or accessory structure and vacate any and all so designated premises Dangerous buildings are defined as buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. ON OR BEFORE: 09/23/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Inve ••.tor Signat& Phone: 239 252-2440 FAX:239 252-2343 Stephen Athey ,4 /r it // s' Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. j Municode Page 1 of 2 Sec. 22-234. - Notice of violation procedures. Whenever the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken: 1. The Housing Official or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises. Such written notice of violation shall include the following: a. A description of the location of the structure involved, either by street address or legal description; b. A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c. A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based; d. If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e. If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to be made; f. If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; 9 The name or names of persons upon whom the notice of violation is served as stated in subsection 2. of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be either personally served upon the owner or served by certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place of the premises at which violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. If the owner does not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of the premises. 3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building structure. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said httn r//1i hrarv_municode.com/print.aspx?h=&clientlD=10578&HTMRequest=http%3 a%2f... 9/28/2012 Municode Page 2 of 2 Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance [Section 22-247 of this Article]. (Ord. No. 2010-02, § 10) mnnirnrdP r.nm/nr;nt acnx?h=&clientlD=10578&HTMRequest=http%3a%2f... 9/28/2012 2418185 OR: 2500 PG: 0576 UCOIDID in ORICIIL IICOtDS of COLLIII 000Ri, IL 01/07/99 at 03;311011 DVIGIT I. IIOCI, CLiiI COLS 50000,00 IIC III 24.00 IIDUIIC 1.00 DOC-.70 350.00 Leta: KOUISOI i COUOI This instrument prepared by: 3034 TINIIMI Ti 1 1402 EDWARD R. BRYANT, JR. Will IL 34103 700 11th Street South, PH-II Naples, Florida 34102 WITf40 7T OPINION OF TITLE WARRA1fI'Y DIED IBIS INDENTURE, made this /471if day of 12eee. a, 1998, between JANIS S. HUDSON, JUDITH A. BICE and DAVID BURKE STt7NEEURNER, Co-Trustees of WE SIONEB.JRNER DISTRIBUTABLE TRUSTLyith full power and authority to protect, conserve, sell, or dispose manage spore of the property oonVeyed - ,S •, 1 S. HUDSON, Individually, JUDITH A. BICE, Individually DAVID - • : • • Individually, as GRAM M, and OLD BARN C., Florida co •aat .on, the GRANTEE whose address is c-r-.:. C.t.« yfi i', c + I ( / zr WITH SSE li, lsati r, : .- . \in\mnsideration of the sum of TEN DOLLARS ' - .c • .'_4 1 ...". a: el considerations to said 00 GRANTOR in hard •.i • th •+°.� ha' , -;,-x )whereof is hereby acknowledged, has • , ,e =�a ' .ld• �.e?ANIEE and GRANTEE'S heirs and assigns fo the following .,s_^r' Y` 1a , situate, lying and being in Collier County j.•rids to-wit: Legal ►` %:Iption of Real Po4 y Attached ~ Property ID Number S %F- c (. SUBJECT TO: Restrictions, reservations and easements of record and real estate taxes for the current and subsequent years. AND said GRANTOR does fully warrant the title to said lard and will defend the same against the lawful claims of all persons whansoever. "GRANIOR" and "GRANTEE" are used for singular or plural, as context requires. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hard and OR: 2500 PG: 0577 seal the day and year first above written. Signed in the presence of: , , ..., . ./- — a ' -)-• " Agiwii„= SiTat - Janis S. Hudson, Individually and .a.'r.::.P,if Cr. — as Co-Trustee Print Name .f .i .----- Witness jAis-05 Print Name of Witness ,--- -7--- ---' vR ,- (74, --A- \,,, ---t -, STNTE OF FLORIDA -- \ t\ cowry OF ODLLIER / k,...)/ '\'' ' \ 7 \ The foregoing .4trumdtt"was , • • Odged\befOre me this day of,40,4fgr.d7Sc-R---' , 499 ',/-1NR4. •-A, 0-41; /4/ is personallly iftdr ;\ 014) \\LY / / has presentedth' Flo 'cla ttl0. is \ , or identifica ---A-.1/ ,.v x \ •,------- " .• • 2/ r N. 7 , •i --14-S6r*tire . ,..- evy ot,g. amicaurrat,f1 Print Name t lir mum.Nu..... Notary Public v„ t CCSSI1420 or marpon=WI Commission Number e cs cl.de OCT 15,20043 My Caninission Expires: • OR: 2500 PG: 0578 Signed in the presence of: -- / , ... . -*. ... ...- _ ...--. -.E...,..... ....... • • .-- , Signjiture, , ,,' dudith A. Bice, Individually and / ,&,/e/ C--: 7.-7460'',/,07-5- ' / as Co-Trustee Prirry,._ -1 - ! riess / _ 1/7 itness -, -7, - ,,1%. ...... , „v./ 4', .... Print Name of W tress — r.\.-- -- R. C67-t>.,,, / A'j•--------------<:\1*, <-0,;•-- N,--e \\•1:\1\\ STATE OF FLORIDA / OZUNI'Y OF COLLIER / / (,., \ / 0.--.-....„. \________Js) t, / _....---- 47. ‘ ,,,..i,g The foregoing j instraltiRnt ---,,a _ •-....4,-,Q 7...., ..:-fore me this /Co 7-./ day of 14.,/,-,,,,optx, 190, (brYk41.*)Al• , a/ is 4,,klik,r= 1 ( 1 1 L.41 / / has p ••■ ,..a/Eir.-i '- ,m-' ' - ., or / / has prcduidea.,\ identifica0* , I';,- /."'•- ,--,,** /' I, '-'',._s \\\,,,,, —pc. -st..arY-Signature..._y wr Print ell 414°N, wis laarer—stf-' 1 :f , ocommulamm Notary Public p Z,J: R' CCS1111420 Commission Number _ ............ Ornu OCT 15.2000 My Ccarimission Expires: .1 . , OR: 2500 PG: 0579 Signed in the presence of: i( / �1`J � Ite .� r , =_ ga D i David Burke Str, s Individually and as Co-Trustee Print Name of,;/. =,- . .c..._----j / , , tness Si.rr� 9 j� print Name of Wi STATE OF FLORIDA �7/ -' �t,," cowry OF COLLIER 'r t \------. fa n this ///7 The foregoing Lt � ras wedged L'e re day of e•c-.•.ads+Z , i,1998a •... s• < yr... :- �'•,t who Y /// is personally(, • • i(t�' me,'\ \\ l / / hasp h*F orkda a i =r's 1 or has as • / / identificak / / /� -4-6„,.., , ./ /„,:...,,,>,, \/,--- - �-4! ure C Print Name eve w m %wT J Notary Public \r , •t mum*mama Crxrmission Number �_ cca_9av0 TI of in Ootl1�oM comas TI, c. OCT 15,2000 My Ccnmission Expires: *** OR: 2500 PG: 0580 *** EXHIBIT "A" The East '/: of the Northeast r49 South, Range 25 East, Collier Southwest Coliier Countye' 1/4. of Section 1,Township Florida, Less Road Right of Way and The East 15.98 feet of the West'/z of the Northeast 1/4 of the Northeast '/4 of the Southwest i/Florida Section L s yRoad Right of Wayh, Range 25 East, Collier County, _- $--1� Containing 6.1 Acregra , �\ J; I l 3 r , r -� 5 >� 1--\ I in � � t � �, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20120011612 Board of County Commissioners, Collier County, Florida Vs. Old Barn, Inc. Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article VI, Section 22-234(3) Stephen Athey, Code Enforcement Official Department Case No. CEPM20120011612 DESCRIPTION OF VIOLATION: Building Official has deemed Building to be Dangerous. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Old Barn, Inc. Inv. Steve Athey Department Case No CEPM20120011612 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120006927 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JORGE L MENDEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:3320 2nd AVE SE Naples, FL SERVED: JORGE L MENDEZ, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENtVITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo tot an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD20120006927 Jorge L Mendez Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and'hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: ' l Violation of Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)(l)(a) and I0.02.06(B)(1)(e)(i) 2. Description of Violation: Permitted garage turned into living space with a full bath and a kitchen without Collier County Building Permits. 3. Location/address where violation exists: 3320 2"6 Ave SE Naples, FL 34117 Folio#40935360008 4. Name and address of owner/person in charge of violation location: Jorge L. Mendez 3320 2"d Ave SE Naples FL. 34117 5. Date violation first observed: May 9th, 2012 6. Date owner/person in charge given Notice of Violation: May 11`h,2012 7. Date on/by which violation to be corrected: June 10`h,.2012 8. Date of re-inspection: November 13th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 13th day of November,2012 _ -_. (-) Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER wi • to(or arced) and subscribed before this 13th day of November, 2012 by A ,.. ) ') ignature of Notary Public)" (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X 41,-Q..produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Colleen Crawley Commission#EE129317 Expires: JUNE 07,2014 BONDED TEIRU ATLANTIC BOND D G CO,,INC, REV 8-19-11 Case Number:CESD20120006927 Date: May 11,2012 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MENDEZ, JORGE L 3320 2ND AVE SE NAPLES , FL 34117- Location: 3320 2nd AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 81 W 180FT OF TR 134 Folio:40935360008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX, you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B) (1 OW). The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s)of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permitted garage turned into living space with a full bath and a kitchen without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 06/10/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. 2SE VED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 estigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient Panted Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. i AFFIDAVIT OF POSTING Code Case Number: CESD20120006927 Respondent(s): MENDEZ, JORGE L THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 3320 2nd AVE SE , on_May 11th,2012_(Date), at_2:OOpm ' e), and at the//_X_Collier County Courthouse_lmmokalee Courthouse.6 (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 9,0 day of 4U i,'J' ,2012 by Patrick Baldwin(Name of person aking statement) / c' e___.)./a,-;(--zid-- (Signature of Notary ublic) Q i RY PUBLIC-STATE OF FLORIDA Kimberly Brandes Commission#DD926130 Expires: SEP.17,2013 BONDED MD ATLANTIC BONDING ca,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 1 AFFIDAVIT OF MAILING Code Case Number: CESD20120006927 Respondent(s): U.S.Postal Service,. NOV mailed Regular/Certified#70"10 2780 0001 8837 19084A1LTw, Case#CESC 20120008927 NOV pb-23 D .(Domestic I CERTIFIED t Only;ii-insurance Coverage Provided, M 3320 JORGE L. For delivery intarm n visit murwebsiteat +w uses coo, 3320 2ND AVE SE % f „ f NAPLES,FL 34117 r� w m i e THE DESCRIPTION OF THE DOCUMENT(S) SERVED: _' C oddloo Fee i �_ Po mark [Check the applicable document(s)j a �_ .�,_�_� CO Aewm Rece0 F-tw I TO XNotice of Violation C] (Endorsament 4iepture i) i O Restricted Deiivmv Fee Notice of Hearing O Notice of Hearing/Imposition of Fines co r Case# CESD20120006927 NOV.pb-23 _Citation o s MENDEZ, JORGE L _Notice to Appear o 3320 2ND AVE SE Code Enforcement Board Evidence Packet r.. 2- NAPLES, FL 34117 -- - .. .ceRever.alo+instrurrtigns. Other: sr a�soo a�rtss © I Kimberly Brander, Code.Enforcement Official, hereby swear and affirm that a true and correct copy ofN the notice FL referenced above, has been sent First Class U.S.'Mail to the above respondent at 33 34117, on May 14 2012 ,:at 9:20Am. y 1/7. (Signature of Code Enforc°4"-nt Official)_ Kimberly Brandes %, STATE OF FLORIDA COUNTY OF COLLIER Sworn t9(or affirmed)and subscribed before me ' this l( day of May 2012 by Kimberly Brander (Na -of person making statement) , n St o b,.t"` i , srT Pu lC -STATE OF FLORIDA `,.y ,°...s �t D004 0 ° arks,� i (Print,type or si-'� •Co —•'ss on-• Notary Public) .j XPersonally known y _`Produced identification Type of identification produced �i • ORDINANCE NO. 04-41 • AN ORDINANCE OF THE BOARD OF,COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLDER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-1C2,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; CHAP I ER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1:01.D0 I I I LE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.D4.D0 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.D6.D0 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.D0 DEFINITIONS; CHAPTER'2 - ZONING HIS TRIO•I S AND USES, INCLUDING SEC. 2.01.D0 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC, 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC, 2.07.00 TABLE OF .Ss I HACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, DELISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROTEC- TION, AND PRESERVATION, SEC, 3.D6.D0 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - STE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 ' GENERALLY, SEC.4.0200 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT SEG. 4.D4.DD TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.00 OFF-S i F',EL . PARKING AND LOADING, SEC. 4.06.DD LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, 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- INFRASTRUC- • TURF IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.DD WAS 16WAl SH SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.D4.D0 POTABLE WATER SYS I HMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.DD.WATER MANAGEMENT SYS ISMS AND DRAINAGE IMPROVEMENT 5 IANDARDS, SEC. 5.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAP I ER 7 - RESERVED; CHAPTER B - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC, 5.01.00 GENERALLY, SEC.-8.02D0 BOARD OF COUNTY COMMISSIONERS, SEC. 5.03.00 PLANNING COMMISSION, SEC. 8.04.D0 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. B.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 6.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU-• • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC.9.03.00 NONCONFORMITIES,SEC. 9.D4.DOVARIANCES; CHAPTER 10 - APPIJCATIDN, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC, 10.01.D0 .GENERALLY SEC, 10.0L00 APPLICATION REQUIREMENTS, SEC. 10.03.00 B. Building or Land Alteration Permits. Building or and alteration permit and certificate of occupancy compliance process. a Zoning action on building or land alteration permits. The County Manager or his • designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or • land alteration permit shall be issued without written approval that plans submitted conform to applicablezoning 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 admiinistratiive review of the interpretation,or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction, • • • • • B. Building or Land Alteration Permits. 1. Building or and alteration permit and certificate of occupancy compliance process. e. improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of.fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4:06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10, 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). • • • • • • • Retumto: 1402566 * 3071587 OR: 3143 PG: 3429 *** North American Title Company RIC0R0ID to OFFICIAL RECORDS of COLLIER COUNTY, Pt 4075 Pine Ridge Road,Suite 5 11(01/2002 at 09:52AK DWIGHT H. BIOCI. CLINK Naples,Florida 34119 CONS 32000.00 RIC FEE 6.00 This Instrurr nt Prepared By DDC-,10 226,00 North American Title Corrpany Rats: North American Title Company Bets. AKbRICAW TITLb CO NORTH 4075 Pine Ridge Road,Suite 5 PICK UT Naples,Florida 34119 PropertyAppraisers Parcel Identification(Folio)Number: 40935360008 Grantee(s)S.S.ti(s). This Warranty Deed Made this 30th dry of October,2002 by Charles L.Snyder and Olive V.Snyder,husbrin:l and wile hereinafter called the grantor(s), to Jorge L. Mendez,a single man whose post office address is 3552 Poinsettia Ave //A Naples, Florida 34104 hereinafter called the grantee: (Wherever used her^in I`e ierms'grantor"and'grantee'include all the parties to true instrument and the heirs,legal representatives and assigns of individuais,and the successors and assigns ofcorporations) WITNESSETH: That the grantor(s),for and in consideration of the sum of$10.00(ten)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,rem ises,releases, conveys and confirms the grantee all that certain land situate in Coll':' County ,State of Florida,viz: The West 180 feel of Tract 134, Unit 81,GOLDEN GATE ESTATES.Unit Ide.81,according to the plat thereof, recorded in Plat Book 5,pages 19 and 20 of the Public Records of Collier County,Florida. Grantors warrant cho tni.s is not their homestead property nor is it contiguous to to their homestead property. SUBJECT TO covenants,con;i',ions,res f ry al >ns,limitar ins;'easements and agreements of record,if any;taxes and assessor , it r 2r r2 ser- ent years rend to‘all applicable zoning ordinances and/or restrictions and prohibitions irn:.:Used by no _r o ,authoriti s an; '', TOGETHER, with all the tenements, sind appurtenrces thereto'be)onging or in any wise appertaining. i )1„1 �J`` TO HAVE AND TO HC`I D, the same in fe simpie forever.) AND the grantor here", ,n1 enants tiuh s c, or e grantor , n. seized of said land in fee simple;that the grantor has good r• hl ar,d feel ul aufhori:; lc soli and conveXSaid inno,and-hereby warrants the title to said land and will defend the same against the lawful tiri ms of all persons.` ; IN WITNESS WHEPi_C r he said gran reed and sealed th c'esents the day and year first above written. Signed,sealed and deliv ered in the presence o' i 1j Signature _ Chanee L.Snyder atu rin Si e Pn,,.-U Signature n �hyr ? gnature �'.tir/cI i Printed Signature i Signature O '.er Pnnted Sie.�L,' . Signature Pos', nice Address Printer Signature STATE OF Flor�ri: COUNTY OF C' The foregoing ins, . - ;" r°'ore re 'his 30th d r' ^r October,2002 by Charles L. Snyd nydo:. r. and wile who produced a "lif 'cation and tak a an iith. My ammisslon -- -„_ .:�.. _ •w�,t�arryP tc.StateandCountyAforesaid =Err )Lt((C.∎ i notary Signature _._-j BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120006927 Jorge L Mendez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, rn4n441—, on behalf of himself as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120006927 dated the 11th day of May, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $010.‘5 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 90 days of this Hearing or a fine of $150.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or es2tative (sign) ° Diane Flagg, Director Code Enforcement Department X07, ;�1��,J� � /14 ,//.9-or Representative (print) Date if/ Zp <z Date REV 8/17/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120006927 Board of County Commissioners, Collier County, Florida Vs. Jorge L Mendez Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20120006927 DESCRIPTION OF VIOLATION: Permitted Garage turned into living space with a full bath and a kitchen without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Jorge Mendez Inv. Patrick Baldwin Department Case No CESD20120006927 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120013078 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JORGE L MENDEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Nuisance Vacant/Unoccupied Not Secured22-242 LOCATION OF VIOLATION:3320 2nd AVE SE Naples, FL SERVED: JORGE L MENDEZ, Respondent • Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles on 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 fat an angle.Nou pan On moun you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. • COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner- • vs. DEPT CASE NO. CEPM20120013078 Jorge L Mendez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinance,Article VI, Chapter 22, Section 22-242 2. Description of Violation: Vacant home with a screen enclosure and swimming pool has been damaged by a fire and has no roof. 3. Location/address where violation exists: 3320 2nd Ave SE Naples, FL 34117 Folio#40935360008 4. Name and address of owner/person in charge of violation location: Jorge L Mendez 3320 2'd Ave SE Naples, FL 34117 5. Date violation first observed: August 28`h, 2012 6. Date owner/person in charge given Notice of Violation: August 28`h, 2012 7. Date on/by which violation to be corrected: September 27th,2012 8. Date of re-inspection: November 13th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 13th day of November,2012 f� Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 13th day of November, 2012 by Patrick . inn \ t (Signature of Notary Public) r' (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or pr du ed identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced '''': Colleen Crawley Commission, EE129317 Expires: JUNE 07,2014 REV 1-5-11 BONED THRII ATLANTIC BONDING CO.,MG Case Number: CEPM20120013078 Date:August 28,2012 Investigator: Patrick Baldwin Phone:2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MENDEZ, JORGE L 3320 2ND AVE SE NAPLES , FL 34117- Location: 3320 2nd AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 81 W 180FT OF TR 134 Folio:40935360008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Buildings and Building Regulations. Property Maintenance Code. Nuisances Specified. Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-242 It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors,windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Vacant home with a screen enclosure and swimming pool has been damaged by a fire and has no roof. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy/completion as identified on the Property Maintenance Inspection Report/Order to Correct. OR obtain all required permits to demolish said building. AND must complete and submit the required application for boarding certificate to include a property maintenance plan. ON OR BEFORE: 9-27-2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to: right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial AFFIDAVIT OF MAILING Code Case Number: CEPM20120013078 Respondent(s): NOV mailed Regular/Certified#7012 1010 0000 9921 7769 U.S.Postal ServiceTt.t Case#CEPM20120013078 PB-23 NOV MENDEZ,JORGE L - CERTIFIED MAIL., RECEIPT • 3320 2ND AVE SE 17 (Domestic Mail Only;No insurance Coverage Provided) NAPLES, FL 34117 r- For delivery information visit our website at www.usps.com r•- 7.: r:. � P pia: 5. W"• THE DESCRIPTION OF THE DOCUMENT(S) SERVED: ,-q ' m [Check the applicable document(s)J ru 1 pp rr Postage $ n�(�/ �y�� '/ XNotice of Violation Certified Fee V 1 O Postmar4 Notice of Hearing ° Retum Receipt Fee Here ° (Endorsement Required) Notice of Hearing/Imposition of Fines ° Restricted Delivery Fee — ° Citation ra — m Case# CEPM20120013078 PB-23 NOV Notice to Appear `� — MENDEZ, JORGE L _Code Enforcement Board Evidence Packet a 3320 2ND AVE SE Other: r NAPLES, FL 34117 PS Form 3800,August 2005 See Reverse for Instructions I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3320 2ND AVE SE NAPLES, FL 34117 , on August 28, 2012, at 10:35Am. --<"---7 c.'/----.------/. -A ._-_,,,,, ' 1:5--4- /7 .,-, (Signature of Code Enfcrcepnent Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 28th day of August ,2012 by Kimberly Brandes (Nate of person makin0 statement)0->Ckil: 11' (''''--- • /��//`V`2�"' / ,� SkiRLEY OAF"-:1N (nature of Not r ,. NOTARY PUBLIC c " STATE OF FLOR:;" .w 1ii_'r_Comm#DD0943, 31. -,:v0E.4111 Expires 12/21p pp?,f-I (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEPM20120013078 Respondent(s): MENDEZ, JORGE L THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 3320 2nd AVE SE , on 8-28-2012_(Date), at_12:00_(Time), and at the_X Collier County Courthouse_Immokalee Courthouse. (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_28th_day of August , 2012 by Patrick Baldwin(Name of person making statement) / (Signatu - of Notary Public) 1 PUBLIC STATE OF FLORIDA Kimberly Brandes -� : Commission#DD926130 0 Expires: SEP.17,2013 BONDED MU ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced Sec. 22-242. - Nuisances specified. It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. (Ord. No. 2010-02, § 18) Return to: 1402566 *** 3071587 OR: 3143 PG: 3429 >t North American Title Company RECORDED in OPPICIAL RECORDS of COLLIER COURS!, IL 4075 Pine Ridge Road,Suite 5 11(01/2002 at 09:S2AX DOIGHT L BROCK, CLERK Naples,Florida 34119 C3NS 32000.00 This Instrument Prepared By DC RE 6.00 DD IV I24,00 North American Title Company North American Title Company Mtn: 4075 Pine Ridge Road,Suite 5 NORTH AlIERICAN TITLE CO PILE UP Naples,Florida 34119 Property Appraisers Parcel Identification(Folio)Number: 40935360006 Grantee(s)S.S.#(s): This Warranty Deed Made this 30th day of October,2002 by Charles L.Snyder and Olive V.Snyder,husband and wif e hereinafter called the grantor(s),to Jorge L.Mendez,a single man whose post office address is 3552 Poinsettia Ave #A Naples, Florida 34104 hereinafter called the grantee: (Wherever used herein the terms lgrantor"and"grantee'include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns otcorporations) WITNESSETH: That the grantor(s),for and in consideration of the sum of$10.00(ten)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,rem ises,releases, conveys and confirms unto the grantee all that certain land situate in Collier County ,State of Florida,viz: The West 180 feet of Tract 134, Unit 81,GOLDEN GATE ESTATES,Unit No.81,according to the plat thereof, recorded in Plat Book 5,pages 19 and 20 of the Public Records of Collier County,Florida. Grantors warrant that this is not their homestead property nor is it contiguous to to their homestead property. SUBJECT TO: covenants,conditions,restrictions,resery ations,limitati 3,"asements and agreements of record,if any;taxes and assessments for the year 2002 cane-subsequent years;att�to all applicable zoning ordinances and/or restrictions and prohibitions im posed 4S'go errMervt4l author les,i any, \ \` TOGETHER, with all the tenem ents/hero it nt a�p - = . •-ereto\belonging or in any wise appertaining. f I(( \) / TO HAVE AND TO HOLD, the same(rind I I ikr er.I f, ( I ,J AND the grantor hereby covenants wittrs id grantee that the grantor is lawf1 u.ID seized of said land in fee simple;that the grantor has good right and lawf ul ty to sell and conveyjgaid Ian i, a hereby warrants the title to said land and will defend the same against the la ; aims of all persons 1..rr\ , I <:/ IN WITNESS WHEREOF, the said gran rt�,�..etgned and sealed these prt?sents the day and year first above written. . .,,t; — Y! -° Signed,sealed and deliv ere in the presence of"I±l._ C-1-9 ,- / a' r i'lc c v'r�l L. Signature .1 Signature . �(r r c ,OF^ 1,.,tjr,-) Charles L.Snyder rin ignalu Printed Signature Afgnature(�„hr rt,/f.+_,-) I ' '. .. ,-, (` Post Office Address Printed Signature Signature Signature Olive V.Snyder Printed Signature Pnnted Signature Signature Post Office Address Printer Signature STATE OF: Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 30th day of October,2002 by Charles L.Snyder and Olive V.Snyder,husband and wif e who produced a_j ndi ana as identif 'cation and who take an �th. My Commission Expires: l v i'F, _-- Notary Signature Notary Pubic.State and CountyAloresaid ,R074;.+ IMEM DE LEON ._L_rf"lla VI LT, DP Le-Oil- ( , MY COMMISSION IOC)10383' Printed Notary Signature 1 i EXPIRES Mardi 27.2036 +f r+„' +raea r v won PoNcUn,mno, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CEPM20120013078 Jorge L. Mendez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jorge L. Mendez , on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20120013078dated the 28th day of August, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29th, 2012; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. An unsecured home on Estates zoned property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.a9 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Obtaining all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion/Occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure and pool with screen enclosure within 1St O days of this hearing, or a fine of ISO,c1 day will be imposed for each day the any violations continue. b) Alternatively, obtain a Collier County Boarding Certificate and board the structure within V'-'1 days of this hearing AND c) Obtain all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion/Occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure with pool and screen enclosure within ISO days of the boarding certificate issuance , or a fine of I 1 S O'°a day will be imposed for each day the any violations continue. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. /// Respondent -•res ntative (sign) j m Diane Flagg, Director Code Enforcement Department l//o? 9/a Respondent or Representafive (print) Date Date REV 1/4/12 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jorge Mendez Inv. Patrick Baldwin Department Case No CEPM20120013078 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 I IMPOSITION OF FINES HEARING 1 Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120006147 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSSE L PEREZ (aka Jose M. Perez) & ISABEL PEREZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 110 Wilson BLVD S Naples, FL SERVED: JOSSE L PEREZ (aka Jose M. Perez) & ISABEL PEREZ, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida 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 tanpn 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. CESD20120006147 Josse L. (aka Jose M. Perez)and Isabel Perez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: An unpermitted window added to the garage along with a large hole in the garage wall with an A/C unit within.. 3. Location/address where violation exists: 110 Wilson Blvd S,Naples, FL. 34117 Folio ID 37221090008 4. Name and address of owner/person in charge of violation location: Josse L.( aka Jose M. Perez) and Isabel Perez, 110 Wilson Blvd S,Naples,FL. 34117 5. Date violation first observed: April 24th 2012 6. Date owner/person in charge given Notice of Violation: August 28,2012 7. Date on/by which violation to be corrected: September 25,2012 8. Date of re-inspection: October 3,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board s a public hearing. Dated this 24th day of October, 2012 X05# Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S orn to(or aff—d)and subscribed before this*ay of f" ,2012 by 0-1.,1._ p 4-Nk toc-� Li, ..A.4 se-• w C.-6-- ( gnature of eta • blic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 6 or produced identification Type of identificati n produced ;4r <0 Cilri LE,Y GARCIA NOTARY PUBLIC ! STATE OF FL.O'; �^-i��. Comma DDO ,. REV 8-19-11 - EXUires 12/216 . Case Number: CESD20120006147 Date: August 27,2012 Investigator: Christopher Ambach Phone: 239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PEREZ, JOSSE L& ISABEL 110 WILSON BLVD S NAPLES, FL 34117- Location: 110 Wilson BLVD S Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 13 N 165 FT OF TR 16, LESS THAT PORTIONDESC AS FOLL: COM AT SW CNR OFTR 16, THEN N 0ODEG 19'10"E Folio: 37221090008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An unpermitted window added to the garage along with a large hole in the garage wall with an AC unit within. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND /OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 09/25/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and..costs of prosecution. SERVED BY: ' INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Code Case Number: CESD20120006147 Respondent(s): PEREZ, JOSSE L& ISABEL THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Christopher Ambach, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 110 Wilson BLVD S , on 8_28_12 (Date), at 1:00pq (Time), and at the_x_Collier County Courthouse Immokalee Courthouse. (Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn tolor affirmed)a subscribed before me 2012 by this day of LA ty Christop er Ambach(Namon making statement) Aare of Not ry Public) §frilkgy rWitelA NOTARY PUBLIC STATE OF FLOP It: 01101V-00--Comm#DD0943;, s;. (Print, type or stamp Commissions e‘a F�xpiros 1212144)!j me o Notary Public) CS l e r f_Personally known 1 _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20120006147 Respondent(s): U.S. Postal Service,. NOV mailed RegularlCertified#7012 1010 0000 9921 6762 Case#CESD20120006147 CA-59 NOV CERTIFIED MAILTM RECEIPT PEREZ,JOSSE L&ISABEL ru (Domestic Mail Only;No insurance Coverage Provided) 110 WILSON BLVD S For delivery information visit our website at www.usps.coma, NAPLES,FL 34117 i. I<, . c LZ THE DESCRIPTION OF THE DOCUMENT(S)SERVED: Postage • (t lj , • ‘,/ [Check the applicable document(s)] °•' $p I Certified Fee XNotice of Violation Postryark o Return Receipt Fee 0 (Endorsement Required) He t _Notice of Hearing Restricted Delivery Fee F Notice of Hearing/Imposition of Fines a fF���ment Required) 0 _Citation a Case# CESD20120006147 CA-59 NOV _Notice to Appear i-9 PEREZ, JOSSE L & ISABEL a 110 WILSON BLVD S Code Enforcement Board Evidence Packet r` _ NAPLES, FL 34117 _Other. PS Form 3800,August 2006 See Rever' for elructions I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 110 WILSON BLVD S NAPLES FL 34117, on August 27,2012, at 1:30Pm. ---. / ,, --/-: "/' Z j, -2;v17,/ (Signature of Code Erafbrcement Official) J Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 27th day of August , 2012 by Kimberly Brandes (Name of person making 1 statement) ^ l� ,r 5lijna e`6LL/L,' ry Publicy i L'SHIRLEY GARCIA NOTARY PUBLIC ki:::11.__ST ATE OF FLOfi(L•. i- Comm#DD0943:, J4,,tt191�' Expires12l21/2jla (Print,type or stamp Commissioned Name of Notary Public) XPersonally known • Produced identification Type of identification produced • ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER _COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; • PROVIDING FOR: SECTION ONE RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, 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. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC.1.07.00 LAWS ADON•I tD BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC.2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF St I BACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC, 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC, 3.05.00 VEGETATION REMOVAL, PROTEC- TION, 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 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, 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 CHAP 11=H 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; CHAP I tR 6- INFRASTRUC- TURE 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 COMMU- • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC-9.01.00 GENERALLY,.SEC.. 9.02.00 DEVEL- • OPMENT WITH VESTED RIGHTS,SEC.9.03,00 NONCONFORMITIES,SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord.No.04-72,§3.BB;Ord.No.06-63,§3.S5;Ord.No.07-67,§3.U;Ord.No.08-63,§3.KK) 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a 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.Wnere 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 ct7v2f111 i *** 3078423 OR, 3153 PG. 0627 ut Prepared by: IICOIDID It OffICIAL IICOIDI of COLLIII COMM IL Maryellen Call,Independent Title of Naples,Inc. . 11/14/2002 at 01:32A1 0112? 1. IIOCI, CLIII COTS 11000,00 Record and Return to: 11C MI t.00 DOC•.11 113.11 Independent Title of Naples,Inc. Ietn: = 4760 Tamiami Trial North,Suite 24 II01111D=IT SITLI 01 IDLIS Naples,FL 34103 PICK D[ SS;_ i WARRANTY DEED THIS INDENTURE,made this 30th day of October.2002 A.D.,between John A.Cummings,individually and as s trustee of Robert Wayne Dillard,trust dated 04-02-86,as Grantor,whose address is 24175 NE 140 Avenue,Orange pSprings,FL 32182 and Jose M.Perez and Isabel Perez,as Grantee,whose address is:3401 SW 17th Street, Miami, W °s FL 33145 a WITNESSETH:That the Grantors,forand in consideration of the sum of TEN AND NO/100 DOLLARS(510.00) 1 and other valuable considerations to all said grantors in hand paid by said grantees, the receipt whereof is hereby i acknowledged,has granted,bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of COLLIER,State of Florida.to-wit:: The South 165 Feet of Tract 161,GOLDEN GATE ESTATES,UNIT NO.13,according to the plat thereof as recorded in Plat Book 7 at page 72 of The Public Records of Collier County,Florida This is a vacant land and not the homestead property of the grantor,nor is the same contiguous to the homestead property of the grantor. A 1 \ Property Tax ID Number:372308 308 0 —=^fir, / 1— SUBJECT TO easements,restric do art ff t n ' , � and es for 2002 and subsequent years. Said grantor does hereby ty1w� tiile)to aJd land, ill Oierld the same against the lawful claims of all persons whomsoever. /.....,7; C' �� *Singular and plural are intent rf ble as context requires ( 0 \l C...;/ IN WITNESS WHEREOF,Grantp flab ereunto set granto �aSydand seal the day and year first above written. ,``^�,_ y WITNESSES "/j E L'l�L i/ Print name ,,�,1(}4.,^ 4 CO 1--X--- a t� Witness l 1 / /1 /FL n A.Cummings,individually and as tee •S nmure: d a.1r7/ ----- Print name: 1.1..., ep / � �Ilt Witness 2 Q/Vv w I• State of FLORIDA, County of The foregoing instrument was acknowledged before me this,day of November,2002 by John A.Cummings who is known to me or who has produced as identifies..n ..did take an oath., 11! i .• .......... • My Commission Expires: Notary Public .• •11. 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' ...491 ter out Growth Management Division Planning & Regulation Building Review October 12, 2012 CESD20120006147: Address: 110 Wilson Blvd S. Violation Determination: YES. If the garage altered according to the code case report a permit is required. OPTIONS:The alteration of the Garage with the addition of a window and creating an opening for the wall unit AC requires a permit due to the structural aspects of the work. If the applicant wants to remove any work which was done without a permit and convert the space to its original configuration, an Alteration Permit will be required from the Collier County Building Department. ip -Jr"- Thomas DeGram Building Official Date: im ` /L -/a- Myron Jacobs Chief Structural Inspector Date:--- /7^-7,Z_. �i't.E.tp� &Ad%Rev ese er s•228 Norte:Horse Nt e Dore•N es.%fete 34104.239 252-2 00•w e v oetlser+goa ne! f•,t_.:^'-'''';''''''''';'t,''.4'141tt4ge,,,;(1t,,Vf.tf,„,'; 7,,,-"i„,"t;;;'c.,'; 1 W4,4,*-313W''341$7'43$4',Ift,'43r$$,gfkInk'7,3,'C'4343,$,,t44`- t: ' I 11;1,./ttA,k‘3.0... .4-4r4 -•, 47.1!2:..c.,';,i..''".."'' I, , A -7 1..1,'-:::''''*:";4'.:.tfial.: '-'-,,,,'"14,',,!,:;'''''''.:2,-'‘.■,-',7"'' ' -- ' 't'-----,ttretitttt'iti t gt-ttft,tit:ttt,tt`t,t,t,...tttt" . :1 _tt `-',..trtittttitt,-;A tvtt tittttttt'Ytt'tt-tt-ttt-t.,-; t t it 41} $ '' ' - - 4 , 4 4 4 \\\\\ t - t I \y‘ , `., \\\\\\\1/4 k _ , : .* ? 4 , i . •• . I I.1.- I i ,.. :.. 7/ -1 4 ... ..' : 1 4 i 11° 1... 1 1 ,, — — di 4 1 I . ' . ■ ' .,, .,.;.., - — ----1 • • € 4 i i . a* 1 I / 1 . , r ■ 3, .■ . . i it '41 tl . , PI ■ , p $., ..... 4. ,t , , 1 I ifb I - ll $. -C) . i $ ,.....■i■ , 't &-5) ; ... ,..,, Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Josse Perez (aka Jose Perez) & Isabel Perez Inv. Chris Ambach Department Case No CESD20120006147 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120012127 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GREGORY LYNN THOMPSON & MISTY LOU THOMPSON, Respondent(s) • NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 181 23rd ST SW Naples, FL SERVED: GREGORY LYNN THOMPSON & MISTY LOU THOMPSON, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo Mt 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. CESD20120012127 Gregory Lynn Thompson and Misty Lou Thompson, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: A historically permitted steel building in the rear yard now missing walls and doors and completely altered from it's originally permitted state. 3. Location/address where violation exists: 181 23`d St. SW.Naples FL. 34117 Folio 36960760001 4. Name and address of owner/person in charge of violation location: Gregory Lynn Thompson and Misty Lou Thompson, 181 23`d St. SW.,Naples, FL 34117 5. Date violation first observed: August 15,2012 6. Date owner/person in charge given Notice of Violation:August 23,2012 7. Date on/by which violation to be corrected: September 21, 2012 8. Date of re-inspection: November 8,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board ublic hearing. Dated this 13th day of November, 2012 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirm-d)and subscribed before this��day of/ / , 2012 by C i21S1N � L� ( nature of Not Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificatio produced g f11r Gcarnr REV 8-19-11 ;r Case Number: CESD20120012127 Date: August 22,2012 Investigator: Christopher Ambach Phone: 239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: THOMPSON, GREGORY LYNN MISTY LOU THOMPSON 181 23RD ST SW NAPLES, FL 34117- Location: 181 23rd ST SW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 8 N 75FT OF S 180FT OF TR 13 OR 858 PG 651 Folio: 36960760001 NOTICE Ordinances,to Collier County Consolidated yoare Code Enforcement notified that a violation(s)tof the following Collier County Ordinance(s) Ordinances, Chapter 2, Article IX,you or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit issued this nptil ib applicable zoning authorization l n development re u ations. For purposes of secon a land alteration permit shall mean any written to alte and and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A historically permitted Steel building in the rear yard now missing walls and doors and completely altered from it's originally permitted state. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described /completion.AND/OR Mustsrequest/cause required inspections to be performed alnd obtain of occupancy/comp occupancy/completion through a demolition permit.. ON OR BEFORE: 09/21/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED.BY.: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature' Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to: right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF MAILING Code Case Number: CESD20120012127 Respondent(s): .- . , NOV mailed Regular/Certilled# 7012 1010 0000 9921 6755 US:Postal SerVice TM Case#CESD20120012127 CA-59 NOV . CERTIFIED MAIL.RECEIPT - THOMPSON, GREGORY LYNN MISTY LOU THOMPSON If" (Domestic MattOnly;No Insurance Coverage Provided) 181 23RD FL ST SW 17 Lri r- -fOrdeitvery irdbnilatiorr Visit Our website atwww.usps.come . NAPLES, 341 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] tr Postage Cert.fle:i Re XNotice of Violation tm Notice of Hearing CD r ,,r,r innt eie,)::1JEJJ1J I 1 Hcrs • — Hestecwri Deliv:.‘re Fee Notice of Hearing/Imposition of Fines — cn r-9 Citation EJ _ 1--9 Case#CESD20120012127 CA-59 NOV Notice to Appear THOMPSON, GREGORY LYNN MISTY LOU THOMPSON _ ru ,-R 181 23RD ST SW Code Enforcement Board Evidence Packet co NAPLES, FL 34117 N Other: — , PS Form.3800,August 2006 - See Reverse tor Instructions, I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S, Mail to the above respondent at 181 23RD ST SW NAPLES, FL 34117 , on August 23, 2012 , at 12:05Pm. Iv- 4° ' .. lOirdf/7A (Signature of Code Enfor - ent Official) _... _ # Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 23rd day of August ,2012 by Kimberly Brandes N.a me of person making st.. ement) 4 .A LI A t/t(---- „(4ignature of Nota Publi6) SHIRLaY C,4ARCIA NOTARY PUBLIC STATE OF FLOr ....,..3 i,,..tf,.- Cornm#1:009,43,2, (Print,type or stamp Commussieihedcr■lamge'\e"‘g1S Notary Public) XPersonally known Produced identification Type of identification produced , AFFIDAVIT OF POSTING Code Case Number: CESD20120012127 Respondent(s): THOMPSON, GREGORY LYNN MISTY LOU THOMPSON THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the,,applicable document(s)] XNotice of Violation Notice of Hearing Notice df Hearing/Imposition of Fines Citation' Notice to Appear Code Enforcement Board Evidence Packet Other: I Christopher Ambach, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s)at 181 23rd ST SW, on 8-23-12 (Date), at 1:00 — (Time), and at the_x_Collier County Courthouse Immokalee Courthouse. (Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn toor affirmed)and subscribed before me this rr_- 2,4e day of /46t.. errs 2012 by , /`. Christopher Ambach(Name of Person making statement) // j ,, .. r r 4:7-7 -1/1-7,gA„ t(.1 (Pr .irk'.(k (Signature of Notar- tic) NOT 'I'7;BLIC-STATE OF FLORIDA Kimberly Brandes =.,;', . Commission#DD926130 'Expires, SEP. 17,2013 sowncn THRE ATL..L\mC SOYDPNG CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) {Personally known Produced identification Type of identification produced Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord.No.04-72,§3.BB;Ord.No.06-63,§3.SS;Ord.No.07-67,§3.U;Ord.No.08-63,§3.KK) 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a 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 I OtnT CUMIN GRID MOW PORN a Imo or imam ra•.dre..M r",.d••relopal t** 3010976 OR: 3069 PG: 0402 *** N••: Gregory Lynn Thompson UCOIDID a O??ICIAL IICOIDS of COLLIII CODITT, TL Am--181 23rd Street S.W. 01/00/2002 It 02:31PI DIM 1. MCI, CUR Naples,FL 34117 HO R1 0.00 TVs Isamu Prepared by: DDC-.10 ,70 CDPIIS 1.00 N""'Gregory Lynn Thompson Ieto: "d'N"'181 23rd Street S.W. CIICOIT THOHPSOI Naples,FL 34117 111231D St SY Prepan,A,M.rr.,P.,,.IddrMme.tlm 36960760001 IAPLIS PL 34117 Fell.N.MMO,I SPACE ABOVE THIS LIN!POR PUOC $h NO DATA SPACE AIOVE THIS UNE FOR RECORDING DATA 3I ie Quit chant Putt, Esecuted the `'1 day of NQ- 7-i,by oar first party,to Gregory Lynn Thnmparn and _MT STY_ LOU THOMPSON . whose post office address s 181 23rd St•rank C la ,Narlaa;Flnrida 34.117 , second party, pm...,wed amain IM iscm.'Mr wrty'and'sE.nd p.rte mondN all IM woes to IM.m.t,,,m.n,.red 1M no,,,opal eons.nretn.s.and.u.pns of md,n,dats.red In. ..KH.M.MO.Pore.W CwDMMnn.,w eI..M IM contest b admits or random)) (oiitmasstt),That the first party,for and in consideration of the suns of Si n on • in hand paid by the said strand party,the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim into the second parry forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot,piece or parcel of land,situate,lying and being in the Count'of Pal 1i err ,Stan of F ori'a ,to-wit: The North 75 feet of th QQ►►4� eet of Tractl3, Golden Gate Estates, UnitNo..' \,-�b'eor ,4�he Plat thereof recorded in Plat Bo Pages 97 jig:8i,, Public Records of Collier Countya. \. \ / ia.-a„, ` \\ Subject to basemen s 1� 4 11W� ,r-es rvations of record, and Real E to T xes As�Ieats levied against the pre iel 't}u ` C } i. 10!labs aatb to a same together witt4i uwAie lar the appurtenances thereunto belonging or in anywise appertaining, and lA t estate, right, title, inte�esttfsen, equity and claim whatsoever of the said first party,either in law or equity to,tlty (q+ily,proper use,be behoof of the said second party forever. ;It "Muss real the • �� (-1 � , t /�_Aas-signed and sealed these presents the day and year first above written, FL 55505 2 v/t'a r3' rd„a and*live in the presence of: e i a A. M'�"//od,,e�i_�VA ry4,, 5 t8 r�(u5 Leonard A. Lehman Pawed Nint `J 0)i. , Adi4 rnrnet Tlriva w'i ,s;;ioww••(.dr 1W Qwrt • Pit OMte Aare. ,3tilee.J /)1• d l(elte North Agusta,SC 2986-9197 'S(„0!/300 o I10=`rt n. : leverii ° et t yM,_� Anth � T-nha.nn /n . rkt.CL�v 845 Cornet Drive 1gSMrs tat r e.q'1• Par Man halm t HIlfesJ tlhalm Lfl . North Agusta,SC 2986-9197 PrINW N.r. POO/0.A oi= A Norwel WW1 f?. 7"/ ' STATE OF C C- ) COUNTY OF rr I hereby Certify that on this ay,before me,an officer duly authorized r+ ) to adaisister oaths and take acknowledgments,personally appeared T.annwrd A Lsa an and Ruth A Lehman Iknown to no to to the person at described in and who executed the foregoing instrument,who acknowledged before me tllatthey executed the ume,and an oath was not takes.(Check one:)0 Said penon(s)istare personally known to me. 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Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gregory Lynn Thompson & Misty Lou Thompson Inv. Chris Ambach Department Case No CESD20120012127 I INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120008800 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA A LEIVA. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 . VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:3525 12th AVE SE Naples, FL SERVED: MARIA A LEIVA, 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 not if received by the Secretary to th eCodeo cement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. +COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20120008800 Maria A Leiva, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Carport structure with slab built on the back of the estates zoned property and an overhang added to the back west side of the principle structure and the back of the east side of the principle structure. 3. Location/address where violation exists: 3525 12th Ave SE Naples, FL 34117 Folio#41042120004 4. Name and address of owner/person in charge of violation location: Maria A Leiva 3525 12th Ave SE Naples, FL 34117 5. Date violation first observed: June 15th, 2012 6. Date owner/person in charge given Notice of Violation: June 19th,2012 7. Date on/by which violation to be corrected: July 15th,2012 8. Date of re-inspection: October 5th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ZcTh day of October, 2012 7 I < � // Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or aff med)and subscribed before this!-, ) \ day of October ,2012 by (signature of Notary Pub (Print/Type/Stamp Commissioned Name of Notary Public) Personally known produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced �— '� Colleen Crawley 1.Commission#EE129317 '-.,,, Expires: JUNE 07,2014 BONDED ranu ATLANTIC BONDING CO.,INC. REV 8-19-11 Case Number: CESD20120008800 Date: June 15, 2012 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LEIVA, MARIA A 3525 12TH AVE SE NAPLES , FL 34117- Location: 3525 12th AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 83 W 180FT OF TR 27 Folio: 41042120004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a 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: I observed a carport structure with slab built on the back of the estates zoned property and an overhang added to the back west side of the principle structure and the back east side of the priniciple structure. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or CPrti t ` ." 'y xF . s F Building Code. ON OR BEFORE: 071 . E 1'F D MAItTMI3EC I9PT ' Failure to correct violations may result in o �ainesticfa"�li�nly; l4 �sucancenverrdge=Pra�rMed) 1) Mandatory notice to appear or issuance of a citation that may res m s"x�mdc""'"' prosecution. OR =;fo eliver�Anlorm ioT► utt�"r �t t + 2) Code Enforcement Board review that may result in fines up to $1 ,y n; �.. remains, and costs of prosecution. m postage z 4- SE-RVED BY: INQUIRI DIRECT Certified Fee postmark rg 2800 No Return Receipt Fee Here ��'\-- ti ' �/� (Endorsement Required) Investigator Signature Phone: 2 o Restricted Delivery Fee (Endorsement Required) Patrick Baldwin En r- "' Case# CESD20120008800 PB-23 NOV Signature o ° s LEIVA, MARIA A ° 3525 12TH AVE SE r- c I NAPLES, FL 3411 _ AFFIDAVIT OF MAILING Code Case Number: CESD20120008800 Respondent(s): NOV MAILED REGULAR/CERTIFIED#7010 2780 0001 8837 2530 Case#CESD20120008800 PB-23 NOV LEIVA, MARIA A 3525 12TH AVE SE NAPLES, FL 34117 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3525 12TH AVE SE NAPLES, FL 34117, on JUNE 15, 2012 , at 9:00Am. , :y — (Signature of Code Enforcement Official) Kimberly Brandes Li STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15TH day of JUNE , 2012 by Kimberly Brandes (Name of person making stat ment) //) -' (7, Oc/,-,c / , ( ( gnature of Nota Pbblic) ` f _Hirii E CyARCI '-: NOTARY PUBLICA i„ ` _STATE OF FLO= ,; "' ' Comm#DD0943i, ^«,,F 10 Expires 12/27/20 i v (Print,type or stamp Commissioned Name of Notary Public) XPersonaliy known Produced identification Type of identification produced • • i , k' 3 P - _ ._ r^ N ._"__ ! 1 N . m_ Dowo Z'5i T 1> Wrp -: a � O U, m .ci osdg3 p • N CU� Ui (1 J.7 O CD m a � A o 1 � IL, fp 2 7D � D � 5-Ea „' m rh w C D N Qua,<f Z III � mD ° � S � .$ W 0) 4 E ,1 _I L 0 . aQ '� co Y o � m oogo omE.§ z ru 0 Q 3 D m O N li 73 D W I Co c c3 m 0 Clic') il 8- 2 I` E ' '.. - ' -' " ' - : 74 Ct'l ,.13 Q . y e W --1-,] a m ai m m _ a cn S — ' ca 0 0 D a z iv 0 3 g N 2- Z fi / Q 3 1 0 77 m r- m N i s 10 ❑ M Z -< 'Np DD D ii. G(O 6 v O N O a 7 rP a (�(m ~ -, • \ N m ■ ■ m jo • • ORDINANCE NC. D4-41 • AN ORDINANCE OF THE BOARD OF ,COUNTY COMMISSIONERS OF DOI I i�R COUNT", LDRIDA, RECODIFYING THE DDLI_Jr , COUIITY LAND CEVELOPMEM- CODE, 'irk-(ION IN!- CLUDES T1-1 COMPRE-I YE REGULATIONS FOR THE UNINCORPORATED AREA, .OF COLLIER COUNTY,, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; • PROVIDING FOR SEC 11ON ONE, RECTA} S; SECTION TWO FINDINGS OF FACT; SECTION THREE,•RECODIFICATION OF THE LAND DELI OPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLDW[NC, CHAPTER I GENERAL PROVISIONS, INCLUDING SET 1.01.00 TT[ , SEC, 1.0200 AUTHORITY, EEC. 1.03:00 RULES OF CONSTRUCTION, SEC 1.04.0 • APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND LI NT, SEC, 1.0500 RULES OF IMI �}-t°RET HON, SEC, 1.07•.D0 LAWSADOI' I'`D BY REFERENCE, DEC. 1.08.00 DEFIN T IONS, CHAFFER 2 ZONING 'DISTRJC-I S AND USES, INCLUDING SEC, 201.00 GENERALY, SEC. 2.02•DO ES IABLISHMENT OF ZONING DISTRJCTS, SEC, 2.03.D0 ZONING DIS I HI0I 5, SEC, 2D4.00 PEHMISSIBLE, CDNDTONAL AND ACCESSORY USES IN ZONING DISK HIL SEC. 205:00 DENSITY S TANDARDS, SEC. 2.0100 AFFORDABLE HOUSING DENSITY BONUS, SEC. • 2..07.00 TABLE OF .SETBACKS FOR BASE ZONING OIL I HOTS; CHAN_I ER 3 - RESOURCE PROTECTION, INCLUDING SEC, 3.01.00 GENERALLY, SEC, 3.0200 FLOODPLAiN PROTEC- TON, SEC.•3.03.D0 COASTAL.ZONE MANAGEMENT, SEC. 3.04.00 PROTEUIION OF ENDAN- GER D,THREATENED, OR LIE r rL-_U SPECIES, EEC, 3.05.00 VEGETATION REMOVAL. PROTEC- TON, AND PRESERVATION, SEC, 3.06:00 WT FIR C AND GROUNDWATER PROTECTION, CRAB I'ER 4 - STE DESIGN AND DEVELOPMENT S IANDA.RDS, INCLUDING SEC, 4.01.00• ENERAU_Y SEC.4.0200 ENS DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DE51GN AND LAYOUT SEC, 4.04.00 TRANSPDH tATON EYE 1 HM STANDARDS,,SEC, 4.05.00 OA=F--STIR . •PARKING AND LOADING, SEC. 4_D61D• LANDSCAPING, BUFFERING. AND VEGEATION RE- T E_NMON, SEC, 4.07.00 DESIGN .S LANDARDS FOR PLANNED UNIT'DEVELOPMEN 1S, SEC. 4.08.00 RURAL LANDS STEWARDSITIF AREA ZONING'OVERLAY DISTRICT N(ANDARDS AND PROCEDURES, UST OF TAG FS IN CHAPTER 4; CHAT I 5 - SUPPLEMEINTA_STANDARDS, • INCLUDING SEC, 5.01.00 .GENERALLY, SEC, 5.0200 HOME OCCUPATIONS, SEC, 5.03.00 • . ACCESSORY USES AND STR,U=SES, SEC.5.04.00 ,RAFY USE-SAND STRUCTURES, SEC, 5.05.00 SUPPI v1ENTAL STANDARDS FOR SPECIFIC USES, SEC, 5.06.00 SIGNS,. . . CLUDING AN AMENDMENT TO EEC, 5.06.06 POLITICAL SIGNS G HAFFER B - IN.F ASTRUG • TU•RE IMPROV ENTS AND ADE-QUA—EE PUBLIC FACILITIES REQUIREMENTS, INCLUDING EEC.5.p1.00 GENERALLY,SEC, 5.D2.DOADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC ITCS.D0 WAS I cWAI CH SYS IL-MS AND IMPRCVEIvIEN 15 5 IANDARD, SEC, a.D4.D0 POTABLE WATER SY5 ,S AND [MF.ROVEEN T S STANDARDS, SEC, 6.05,00.WATER N ANAGEI\n T SYS i_EMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.Da.DO TRANSPORTATION SYSTES STANDARDS; DRAFTER 7 - RESERVED; CHAD I B - DECISION-} AK ING AND • ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01.00 GENERALLY, SEC, 8.0200 BOARD OF COUNTY COMMISSIONERS, SEC, B_a8DD PLANNING COMMISSION, SEC. E.D4.D0 BOARD DE ZONING APPEALS, SEC. -3.05.00 BUILDING BOARD OF ADJUSTM i 15 AND APPEALS, SEC. -B,D6-D0 ENVIRONMENTAL AD• IBRY GDUNCL, SEC. 8:07.00 PUS I ORJCIARCHA OLOG)DAL PR.=SEiVAT1DN BOARD, SEC, 8.08.00 CODE E1VFORCEME T BOARD; SEC. B.,09.00 COMMiLt- NTY DE OP.MiETAND ENVIRDINME1NTAL SERVICES DIVISION; CH.,6?I cH 9 -_VARIAi}DNS H QOM CODE REQUIREMEN I S, [NC WJDINa SEC. 9.01.00 GEN ALLY, SEC, 8.02.D0 DEVEL- - O.PMEINTWIFH VESTED REHTS, SEC, 9.03.00 NONCONFORMTIES, SEC, 9.04.00 VAR[ANGES; GRAFTER 10 - APPLICATI ON, -REVIEW, AND DECISION--MA14NG PROCEDURES:INCLUDING SEC, 10.01-DD I.ERA�.LYL SEC, 1 D.D2DD APPLICATID.N REOUIRDAD\TS, SEC. 1 D.03.D0 B. Building or Land Altar-at on Permit;, Building or land alteration permit and ce uiidate of Dccupancy compliance pro Zoning aotion on building or land aftaratton permft• The County Manager DI his designee shall be responsible for determining Whether applications for building or land alteration permits; as required by the GDIller Gounty Building code Dr this code are in accord with the requirements of this GDde, and rip buridtng Dr • • land attaratien permit shall be issued without W approval plans, submited conform to apprcable zonng regulations, other lane' pane,Dpment regulations, Dr purposes of this section a land alteration•permm-t shall i be any • written authorization to alter land and for which a building p Y m • _ required, Examples tndlude but are not limited to clearing and excavation permits,site elDpme t plan approvals, agricultural clearing permits, and blasting per nit`• ND building or structure shall be erected, moved, added to, d altered rd Dr allowed tD Pe st and/or no lane' al ration hall be pe i and without first obtaining the authDrrcafiDn of the req cemrflcate(5) of DccuDanOY as required by the GDlller GDunty Building Code Dr this Code and no building or land alter atiDn permit application shall be approved by the County ivana'ger Dr his deslgnee for the ei�R c Moving,o mitt addtuDn to, or alteration of any building, with the provisions of this Dade unless,he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretadDn, or variances as provided by this.Coda, or unless he shall receive a written Drder from a oourt or tribunal of oompetent)unsdlohon, • • • • • • • B. Building or Land Alteration Permits, , Building or land alteration permit and certificate of occupancy compliance process. • e. Improvement of property prohibited prior to issuance of building permit No site wort•:, 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.nl 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 bearing, grading and filling plans have been submitted and approved meeting the warrants of section 4:06.D4 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. t. 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) bf • occupancy-must•be obtained within BD days after the issuance of after the_fact-permit(s), • • • DINSTR WIGHT4E92BROCK 4707 RCLERK OFG THE 6CIRCUITTR COURT T, COLLIER 2 4 COUNTY FLORIDA DOC @.70 $736.40 REC $35.50 CONS $105,199.00 Consideration:$105,199.00 This document prepared by(and after ) recording return to): ) Name: Sujatha Velpula ) Premium Title Services,Inc ) 2002 Summit Boulevard,Suite ) Firm 600 ) Atlanta,GA 30319 ) Phone: (877)315-3442 ) Asset No. 719261171 ) File No. CE1010-FL-118635 ) L,C)L7Above This Line Reserved � For Official Use Onl SPaIAL WARRANTY DEAD `� c r / A.ND____,f-, A SUPPORT,tN9''AFFID� IT,OF POWER ATTORNEY I I/ %-1jj! • \ 'N I STATE OF FLORIDA ; i f )i l COUNTY OF Collier ^ '� J ti jb11,by and between The Bank THIS DEED,made this 3 da ``of.\\ May ' e Funding Trust,Series 2006- of New York Mellon,as success°ft dgriture Trustee under t*testar ortg39 MTA1„ a national banking associ ti'ip.\organized and existing—tp d the laws of The United States of America; hereinafter called the Gra (Whose mailing auess-W, p 9 e ovi LLC, 101 Science Drive,Suite 110B Orlando,Flo .21 'a.dMe0 on person,hereinafter called 0 Grantee,whose mailing address is: 5159 17th Ave SW,Naples,FL 34116. WITNESSETH, that the Grantor, for and in consideration for the sum o Tn Dollars ($10.00)00) ndsother valuable consideration,the receipt whereof is hereby acknowledged,hereby grants, the Grantee,and Grantee's successors,heirs,and assigns forever,all that certain parcel of land in the County of Collier,State of Florida,to wit: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF PARCEL ID#:41042120004 Located at 3525 SouthEast 12th Avenue,Naples,FL 34117 TOGETHER,with all of the tenements, hereditaments and appurtenances thereto, belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor does hereby fully warrant the title to said land,and w,illdefend the same against lawful claims of all persons claiming by,through or under said Grantor but against none other. OR 4707 PG 1667 • In Witness Whereof,the grantor has hereunto set his hand and seal the day and year first above written. Signed,sealed and delivered in our presence: The Bank of New York Mellon,as successor indenture Trustee ( OO tiT p y, under Novestar Mortgage Funding Trust,Series 2006-MTA1,by 1Nitness Ocwen Loan Servicing,LLC as Attorney-In-Fact Heather Weeks • Print Name i i Witness Manuel Rd,drique / R t�� Print Name - .-tf;-'n■•ch B.-nior Manager ```,,++++ ^'_i�' of Oc - nPeicing,LLC,as Attorney-in-Fact oP, 'L'%, Address:1 i -nee Drive,Suite 110B,Orlando,FL 32826 atu:(? jg9�: STATE OF FLORIDA '?� )r \ + IC COUNTY OF ORANGE �fi+IvlJ,++ t ) / / ✓b � en May The foregoing instrument was ackno eifgg9p before me this `-'ddyr,gf,% 2011,by Robert Kaltenbach Senior Manager Ocwen Loan Seryt rtg,.LLC as Attorney-in-Fact for The Bank of New York Mellon, as successor inderlt_ur- tee-guider-1 vestdyAilortgage Funding Trust, Series 2006- MTA1„ who is personalry•-•:� ,. Cno• n �_ :•to' me or who has produced as identification and who did!(did not)take an oath. Notary Public (Notarial Seal) Manuel ^odriguez Printed Name My Commission Expires: 5 A 2 012 '''MANUELRODRta c +" M. ire,5142012 vF t Fl,nlE N+.ry Ass........ OR 4707 PG 1668 STATE OF FLORIDA COUNTY OF ORANGE Before me this 3 day of May of 2011,appeared the aforesaid Attorney—in-Fact, who swore or affirmed that: (1)the power of attorney give t9.,the aforementioned Att9n J in-Fact and used herein to convey title is recorded at O.R. Book Page `t , Public Records of Collier County, Florida; and (2)the undersign-• Attorney-in-Fact has no knowledge or notice of termination or revocation of said Power of Attorney- • -•- t r-rdiirts in full force and effect. P � 1 I r Printed Na ‘Robert Kaltenbach Senior Mana r.r of Ocwen %an Servicing,LLC,as Attorney-in-Fact Sworn or affirmed and subscribed to before me,thilsam- date as immediately hereinabove acknowledged, by the said authorizing officer of Ocwen Loan Servicing, LLC as Attorney-in-Fact for The Bank of New York Mellon as s�ccessor indenture Trustee under Novestarivlertgage Funding Trust, Series 2006-MTAI„who is qzersonally knoto me or who produced t sala±Q�td4niif�atiQlr- ks immediately hereinabove noted in the acknowledgment. % \ \ / l , ) per, Notary Public, (Notarial Seal) '� � Manuelit%froiri'.T e'z \�^ � Printed Name vi! \r y Commission Ex•i /^ i I " '"......I................NIUEL RODRIGUI Commff 000785368 *r4:� 012 r...�:.�'::.............................. ........xMa,I�Bry ...1t..... *** OR 4707 PG 1665 **° EXHIBIT"A" CE1010-FL-118635 The West 180 feet of Tract 27,Unit 83,Golden Gate Estates,according to the Plat thereof,as Recorded in Plat Book 5,Page 22,of the Public records of Collier County,Florida Parcel ID No.'41042120004 Being Property Conveyed by Certificate of Title from Dwight E.Brock,Clerk of the Circuit Court to The Bank of New York Mellon,as successor indenture Trustee under Novestar Mortgage Funding Trust, Series 2006-MTA1„recorded October 25,2010,in OR Book 4617,Page 1577,Collier County,Florida. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria A. Leiva Inv. Patrick Baldwin Department Case No CESD20120008800 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Paqes Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120001674. COLLIER COUNTY, FLORIDA, Plaintiff, vs. RAYMOND M STONEBRIDGE & CHRISTINE M STONEBRIDGE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Fence - Building Permit FBC105.1[B] LOCATION OF VIOLATION:211 14th AVE NW Naples, FL SERVED: RAYMOND M STONEBRIDGE & CHRISTINE M STONEBRIDGE, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED.AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou, , COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20120001674 Raymond M.and Christine M. Stonebridge,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Florida Building Code,2010 Edition, Section 105.1. 2. Description of Violation: Several unpermitted structures, decking, screened lanai,pool/spa and wooden fencing on the property. 3. Location/address where violation exists: 211 14th Ave NW,Naples FL 34120 Folio# 37547360001 4. Name and address of owner/person in charge of violation location: Raymond M. and Christine M. Stonebridge, 211 14th Ave NW,Naples,FL 34120 5. Date violation first observed: February 06,2012 6. Date owner/person in charge given Notice of Violation: October 27,2012 7. Date on/by which violation to be corrected:November 12,2012 8. Date of re-inspection: November 13,2012 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for-a-p blic hearing. Dated this /.5 day off-caku�`2012 ,�� Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this/7 day of/A /e-14 2012 by Er,kLiSitlu '-(S''tgnature of1,\iotary Public (Print/Type/Stamp Commissioned Name of Notary Public Personally known\or produced identification '"'r Gi:RCIA, Type of identificatioi produced FU L ':i 1'w OF FL 'Ri�. C1`il"9 ')I ' ,3=09C REV 8-19-11 Case Number: CESD20120001674 Date: October 25,2012 Investigator: Christopher Ambach Phone: 239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: STONEBRIDGE, RAYMOND M CHRISTINE M STONEBRIDGE 211 14TH AVE NW NAPLES, FL 34120- Location: 211 14th AVE NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 19 E 180FT OF TR 102 Folio: 37547360001 NOTICE Ordinances,to Collier County Consolidated us eCnotified that a violation(s)tof the following Collier County Ordinance(s) Ordinances, Chapter 2, Article ,you or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Permit Application. When Required. Florida Building Code, 2010 Edition, Chapter 1 Permits, Section 105.1 The County Manager or his designee shall responsible for whether applications for building alteration pits, as s required by the Collier nty code or this Code ar accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval submitted applicable zoning l r development re gula tions. Fop rP oses of th sseconaland alterat alteration shall mean any written authorization alter and and for which a rovals, grit permit lturall cleariingrpermits, and blasting permits. N building ltordstructure shall be erected, moved, added to, altered, plan approvals, d agricultural or allowed to exist and/or of occupancy l diasaelqui required shall by thee CollieaC untyfBusd�g Colde or this Codeation of the required permit(s), inspections and certificate(s) Any owner or or structure,agent r o ewho ect)install, to alter, repair, remove, convert vor, replace any required impact-resistant of a building er structure, o coverings, electrical, gas, mechanical or the building which obtain h elaequbedhpe mile, or o cause any such work to be done, shall first make application to the Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S)• and wooden fencing on the Did Witness: Several unpermitted structures, decking, screened lanai, pool/spa property. ORDER TO CORRECT VIOLATION(S1: You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Must also County request or cause Onspection through apply and including t certificate ate permits required for described structure/improvements. occupancy/completion.AND /OR must obtain all required Collier County Demolition Permits and must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must comply with all requirements pursuant to 04-41, Section 5.03.02 AND/OR Must apply for and obtain all permits required for described structure/improvements: AND/ OR Must remove said structure/improvements, including materials from property and restore to a permitted state ON OR BEFORE: 11/12/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SEP, BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient Date } 5 / \ \ 2 \ d» d } \ _ l / .1 2 0 -2. •Lo O. -- © � E * -w a2 I / 7 . c / f { / 1 m # \0 \ » ƒ § d \ m � \ / \ OOE q . kr' la'.\_ | \ / _ > \ e . E c ¢< . 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(Ord.No.04-72,§3.BB;Ord.No.06-63,§3.5S;Ord.No.07-67,§3.U;Ord.No.08-63,§3.KK) 10.02.06 - Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional • impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to.scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application.for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a 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 SECTION 105 PERMITS i7,105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing to be done, shall first installation of which is to the regulated code, or to cause any such work building official and obtain the required permit. 4105.1.1 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 perfoimed during the year. 70405.1.2 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. '11:1,105.1.3 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. tI4105.2 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: ..–.427.ar�a�f`YaS•',',..i...,a,�y > "�tt ��i+.Y,r•.fxi�.',�a-'". ?rWR 'l�yam rsr G;■ .l ?. _.it. INR MIMMitMt RtoWit Pr 11 tt?�s MG A g ti Aa —..sov 1 TTY? 3 pill 1/1"t A�ttto tt1e M D sans PAGE vn tnrv+K t+1aa+�t� s.tu DOC CORRECTIVE ------------1. i,iT tries Nltt't eat rM et*ti3trt�e*a 114D _._ u.tt sort to*tat Is._y_aW_Win A 1F 14 hi I / i Ws (EUlI•C$a% ! Deli,t F.nstitwf llr;r .i.. RAYMOND, N. S'IONEBRID4t, A }IARRIRO ItAi6 best assts.to n» 1 ----P WHOM) K. STMEBRIDat AND CHRISTINE K. SIONEHRIDGL, HUSBAND AND wITE Ct i Naples. Ft 33999 ;s prhete petlolifererhbrstt iv 2365 55th Terrace, 5. •• a ' emend pooy f :..7:::174..... .w,4"r:M M 717-'41.,.".":';.:,17.:",wwIwN,w,rN n.f.r,l/wr »1 t rfh,w„,..•r r M,r.am eN., .Mann w torto n I tx �tnc t1 p dent tits said ft►et flatly,tM and in rMUfdnnllnn of the mat of Y wet in hand paid by the:said seeetrl patty, the rrcettet whereof is fterehy nrbnnndrdnnd. does nHrh!remise. Ir. hose and moil-claim onto the sold second patty forever, nit the right,title, interest,them end Armand which 'a the eta first runty has in and io the'Amtring drsrrihed lot,piece or parcel of land, teune' lying and 6Nnp in the County of Collier Mate or Florida . i . EAST 180 FEET OF TRACT 102, GOLDEN GATE ESTATES, UNIT NO. 19, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOB 7, PAGES 77 AND 76, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. M tom• _ \� �i-, Jv r,---, ,. — 1 �n\ /�, THIS IS A CORRECTIVE DEED/T0/CORRECT THS40N WITNESS. DEED RECORDED IN OFFICIAL RECORD BOOK. 1455, PAGE/69,/[9�-C1LQ, . /_'p1 � t `--�,_�_�.J"`, \' L f)O�teTanra,.._._... .... Ili ,lgf°it e�S'. 'ILA, : / (/1 I Recei�recf$) I i '�'f.`,/ : I;r .., • • '\ A-v 1�l A 'v ''§�d } I_-Ncrtun. .,. , ,a COLL1E1 COUN L WOF q0 S 1\: ,' E N (''' U,U, \Yt-.\ ,,)/ #'o taut ands fo dote ',etl1%i e_tonetite�it,ii Ail/4d sistpultr the appurienances ihst'surdG i ite1Cs , Stile, interest, hen,equity and claim whni- f; nrlaininp,AnG t�� so�ve of e' in first p ape �. wino- mover of she said (seas pnriy,either in law ar eT(uify-f o-Ylia only PropP1 use, benefit and bahoot of the said • 1. second party forever. 3 �n Witness emu. The said first party hoe sinned and sealed titeae presents the day end year �`! first abase u,ritlnn. r ante af: Stgreed,scaled and delivered in pe c f x • ' (._. .dri .t'H^C5- RAYMOLTD N,. STONEBRIDGE AWMPO*, iI t 1': kZ 8: 91 . .......... NESS 912 STATE OF FLORI COUNTY OF LOLL FR I HEREBY CERTIFY that on this day, before me, an ,; personally appeared Officer duly authorized in the State Aforesaid and in the COUary aferaaid to take uknnwlydements, pr Y RAYMOND M. STONEBRIDGE, A MARRIED MAN .1 who executed thr forrenlne indrawn-so and he arknnwireleed – to nu Mimes, be the person described in and briar, sue that he exerted the same, faG day of 1V1T'£SS my band and official teal in the Counts, and Stair lad aforesaid th`7�""""""sit -7k�" 'n.... j t[.cv-.;_ A. D. 19 91. (/�r? tary..Puhl is it S i, ''� . 01 '-is, 1,1'.'-.. My Commission on Expires: °dad?R IPIA c COLLIER COO.:417 eT `yyf l'V pt_ 'r^r rya4-,' ,,,,."-,....:',1-1,-',Lt,, . vow L , -.6.4 -44? 4 ? r°i r 1..�r i`5.�Xi '�-R,EAT-_ 4 _�_j C� P a�r ✓;t W dst Zt i.�' ,,ki. .c"tC'f?� i r xt ' .., „,w,}.:ri:�,.,iy x.,'FkZ,''- ;,Ti /,< ;,.,5�;: ; .u ?.4„rNA.o?r ui:i'iM_.:,, £iLk satI clot... ss'r.'r'` :�. ,In '�M` • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20120001674 Raymond M. and Christine M. Stonebridge Respondent(s), STIPULATION/AGREEMENT C fl; y)-"ne //).5+e,;'e for Lc- .Q ,,a) n[ /v!.Tfaelebe;"J 4. --- COMES NOW, the undersigned, , on behalf of himself or 0i64,1 ..t4 , ; ps 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 CESD20120001674 dated the 25th day of October, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled forAkvambe,r,29)-0,ato promote efficiency in the administration of the "code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ .VL incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or a Demolition Permit, inspections and a Certificate of Completion/Occupancy within 120.days of this hearing or a fine of$150.00 per day will be imposed until the violation is abated.. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring t i a-vi©tation-in.to...compliance and may use the assistance of the Collier County Sheriff's Office to enfck:ce the prov)sions of this a- eement and all costs of abatement shall be assessed to the property owner. ...__.. 672•i Respondent or R esentative (sign) 1.0p Diane Flagg, Director 04)\-N,A5,;,----;' C �,, ,, Code Enforcement Department (le, lv�� '�� '� v 1 // 49, 4R Respondent or Representative (print) Date Date REV 8/1 7/1 1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120001674 Board of County Commissioners, Collier County, Florida Vs. Raymond M. Stonebridge and Christine M. Stonebridge Violation of Collier County Land Development Code 04-41 as amended, Section, 10.02.06(B)(1)(a); The Florida Building Code, 2010 Edition, Section 105.1 Christopher Ambach, Code Enforcement Official Department Case No.CESD20120001674 DESCRIPTION OF VIOLATION: Several unpermitted structures, decking, screened lanai, pool/spa and wooden fencing on the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of the date of this hearing or a fine of $ a day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Raymond M. Stonebridge & Christine M. Stonebridge Inv. Chris Ambach Department Case No CESD20120001674 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120004200 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MILLARD & DENISE SHORETTE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF PermitsI0.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:2626 20th AVE SE Naples, FL SERVED: MILLARD & DENISE SHORETTE, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal g 9 9 ppeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Indies.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 he 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 tanpd vini avek yon intepret pou pale you-ou. COLLIER COUNTY,FLORIDA -CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120004200 Millard and Denise Shorette, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section I0.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation: 2 sheds constructed without Collier County Building Permits. 3. Location/address where violation exists: 2626 20th Ave SE Naples,FL 34117 Folio#41280520000 4. Name and address of owner/person in charge of violation location: Millard and Denise Shorette 84 Maranacook Road Winthrop, ME 04364 5. Date violation first observed: March 21s',2012 6. Date owner/person in charge given Notice of Violation: March 21st,2012 7. Date on/by which violation to be corrected: April 20th, 2012 8. Date of re-inspection: October 5th,2012 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this r(..'^ day of October,2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER wog o (or affir d)and su i.cribed before this day of October,2012 by \\ " ' nature of Notary'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or pro. ed identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Colleen Crawley ''w Commission#EE129317 REV 8-19-11 Expires: JUNE 07,2014 BONDED TIM ATLANTIC BODING CO.,INC. Case Number: CESD20120004200 Date: March 21, 2012 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SHORETTE, MILLARD & DENISE 84 MARANACOOK ROAD WINTHROP , ME 04364- Location: 2626 20th AVE SE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 87 E 75FT OF TR 12 Folio: 41280520000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals,agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a 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: 2 sheds contructed without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND /OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 04/20/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 IrWestigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient J AFFIDAVIT OF MAILING Code Case Number: CESD20120004200 .2espondent(s): Case#CESD20120004200 NOV PB-23 SHORETTE, MILLARD& DENISE 84 MARANACOOK ROAD WINTHROP, ME 04364 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 84 MARANACOOK ROAD WINTHROP, ME 04364, on March 21, 2012 , at 12Pm. ---Z , • (Signature of Code Enforc- ent Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn tocor affirmed)and subscribed before me this day of March , 2012 by Kimberly Brandes (N.me of person m. sing statement) p - re of Not 'ublic) SHIRLEY GARCIA NOTARY PUBLIC r STATE OF FLOM -`` .,r Comm#DD09439'' .2t; E ires 1212112()I (Print, type or stamp Commissio'e tame of Notary Public) XPersonally known Produced identification Type of identification produced • AFFIDAVIT OF POSTING Code Case Number: CESD20120004200 Respondent(s): SHORETTE, MILLARD & DENISE THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation Notice to Appear _Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2626 20th AVE SE , on March 21st, 2012 (Date), at 2:00pm (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. (Signature of Code Enforcement Officia Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_21st day of March , 2012 by Patrick Baldwin(Name of person a irng.statement) (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA I; Crawle 0...:ci_ jt Co _ni 3.a .. `1 (Print, type or stamp Commissioned Name of Z fL,m E129317 Notary Public) •.. u7 2014 soxDED TIi:;i,,:LA_N ';JL`: co.,INC, X Personally known Produced identification Type of identification produced • • • ORDINANCE NO. D4-41 • • • AN ORDINANCE OF THE BOARD OF•COUN'TY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA .OF COLLIER COUNTY, FLORIDA,, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SEC I ION ONE RECITALS; SEC I ION TWO FINDINGS OF FACT SECTION RECODIFCATON OF THE LAND D=VELOPME� CODE MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 GENERAL PROVISIONS INCLUDING SEC, 1.01.00 TITTLE, SEC. 1.02_DO AUT-10RITY, SEC, 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC, 1.05.00 RU FS OF Il i ER°R;=IATION,SEC. 1.07.00 LAWS ADOP I,'=D BY REFERENCE, SEC. 1.08.00 DEFINITIONS, CHAPTER 2 - ZONING 'DISTRIU-15 AND USES, INCLUDING SEC. 2.01.00 GENERALEY, SEC. 2.0200 ESTABLISHMENT OF ZONING DISTRJU15, SEC. 203,00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE; CONDITIONAL, AND ACCESSORY USES IN ZONING DISIRJCTD, SEC. • 2.D5;00 DENSITY STANDARDS, SEC. 2.06,00 AFFORDABLE HOUSING DENSITY BONUS, SEC, 2.07.00 TABLE OF .SETBACKS FOR BASE ZONING DISTRICTS; CRAFTER 3 - RESOURCE PROTEW ION, INCLUDING SEC. 3.01.00 GENERALLY,Y, SEC, 3.0200 FLOODPLAIN PROTEC- TON, SEC. 3,03.00 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTEL I ION OF ENDAN- aEFED,THREAT ONED, OR LISTED SPECIES, SEC, 3.05.00 VEGETATION REMOVAL, PROTEC- • T1ON, AND PRESERVATION, SEC, 3.06.00 WF7 LFIELD AND GROUNDWALER PROTECTION; • CHAP`iER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC, 4.01.00 • GENERALLY, SEC. 4.02.00 SI i` DESIGN S IANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC, 4.04.00 TRANSPOH 1ATDN SYS 16M S IANDARDS,•SEC. 4.D5.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION.RE-TENT ON, SEC, 4.07.00 DESIGN .5 IANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT 5 IANDARD3 AND PROCEDURES, UST OF TABI F5 IN CHAPTER 4; CHAP I ER 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 7 EMPORARY USESAND STRUCTURES, SEC. 5.05.00 SUPPI FENTAL STANDARDS FOR SPECIFIC USES, SEG. 5.06.00 SIGNS, . . INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAR.1 ER 6-INFRASTRUC- • TUBE IMPROVEMENTS AND ADEQUATE PUBLIC FACILE T TES REQUIREMENTS, INCLUDING SEC,.6.01.00 GENERALLY,SEC. 6.02.00 ADEQUA I 6 PUBLIC FACILITIES REQUIREMENTS, EEC, 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC, H,D4.00 POTABLE WATER SYSTEMS AND IMPROVEMENTE S TANDARDS SEC, 6.05:DO.WATER M-ANAGElviIENT • SYS-I-EMS AND DRAINAGE IMPROVEMENT S IANDARDS, SEC. 6.06.00 TRANSPORTATION • SYSTEM STANDARDS; CHAN I OR 7 - RESERVED; CHAPTER B - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01-00 GENERALLY SEC, 8.0200 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 ADJUSTMEN I S 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 COMML'- NFTY D>=VE_OP.MENTAND ENViRONM;NTAL SERVICES DIVISION; CHAPTER 9 -Y, ATONS FROM CODE REQUIREMENTS, INCLUD[NG'SEC, 9.01.00 GENERALLY, SEC, 9.02.00 DEVEL • OPMENTWFH VESTED RIGI-ITS, SEC, 9.03.00 NONCONFORMITIES,SEC, 9.0.4.00 YARIANCES; CHAPTER 10 -APPLICATION, -R VIEW AND DECISION-MAKING PROCEDURES,•INCLUDING SEC, 10.01.00 .GENERALLY, SEC, 10.0200 APPL.1CATION REQUIREMENTS, SEC. 1D.03,00 B.' Building or Land Alteration Permits, • • Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on bcrilding or land alteration permits. The County Manager or his • designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or • and alteration permit shall be issued without written approval that plans submitted conform to appficablezoning regulations, and other and development regulations. For purposes of this section a land alteration permit shall mean any wiitien authorization to atter land and for which a building permit may not be - • required, Examples intiude 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 ne 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 fie shall receive a written order frdm a court or tribunal of competent jurisdiction. • • • • • • • • • • • • B. Building or Land Alteration Permits, 1, • Building or land alteration permit and certificate of occupancy compliance process, e. Improvement of property prohibited poor 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 Coos or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of.fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4:06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has • been completed, all required inspection(s) and certificate(s) of • occupancy-must be obtained within 60 days after the issuance of after the fact•permit(s), • • • • • • • • • *** INSTR 4650875 OR 4758 PG 1588 RECORDED 1/25/2012 1:07 PM PAGES 1 **" DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $385.00 REC $10.00 CONS $55,000.00 PREPARED BY AND RETURN TO: EILEEN MONROE Members Title Agency,LLC 6809 E.Hillsborough Avenue,Tampa,FL 33610 File Number 01-30915 Parcel ID#: 41280520000 ��, WARRANTY DEED (Corporate) This Warranty Deed,dated this 23rd day of January,2012 By SUNCOAST SCHOOLS FEDERAL CREDIT UNION a federally chartered Credit Union existing under the laws of the United States of America, whose post office address is:6801 E.Hillsborough Avenue,Tampa,FL 33610 hereinafter called the GRANTOR, To MILLARD SHORETTE and DENISE SHORETTE,husband and wife whose post office address is:84 Maranacook Road,Winthrop,ME 04364 hereinafter called the GRANTEE, Iva hareve,used herein ih,serms.GRANTOR-end'GRANTEE include all she panics to,hi,isuuumem and the heirs,kpel represenuuves,and camps of individuals,and she successora and Kaman%of coeporanom) WITNESSETH,that the Grantor,for and in consideration of the sum of S 10.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases conveys,and confirms unto the Grantee,all that certain land situate in Collier County,Florida,viz: The East 75 feet of the East ISO feet of Tract 12,GOLDEN GATE ESTATES UNIT NO.87,a subdivision according to the plat thereof recorded at Plat Book 5,Page 26,in the Public Records of Collier County,Florida. SUBJECT TO covenants,conditions,restrictions,rescevaliopV,VpiiaSiOsTelasesnents,and agreements of record,if any;taxes and assessments for the year 2012 and subsequent years,lay yit�{bda'll-app-hcabic3sigibgprdinances anchor restrictions and prohibitions imposed by governmental authorities,if any. s--,- , TOGETHER with all the tenements,hereditamentte�ar) purtenanees-tker,to belonging''pr in anywise appertaining. c TO HAVE AND TO HOLD,the same in fee sit pree�b2avef.i.: .\ I� , �j-, AND THE GRANTOR HEREBY covenants-with sald,J antee,lhat dxdhpt as at10V'C noted,the Grantor is lawfully seized of said land in fee simple,that the Grantor has good rigt`t;and la`ty 11 autltvrity t5 nd cbnveti q j 'land;that the Grantor hereby fully warrants the title to said land and will defend the same`sgainst the lawful claims o tl pergongAy''horhsoever, VT\\ gyp; I /Cc./ IN WITNESS WHEREOF,Grantor has causedslhi�se•presents to be signed hilts'mine by its proper officer and its corporate seal to be affixed,the day and year set forth above. ( Signed sealed and delivered in the presence of: f" t - ' SUNCI A S HOOLS FEDERAL CREDIT UNION Witness BY; IMP _r n• Fox JAMES * t ON,JR. / Senior Viee President-Loss and Risk Mitigation Print Wit tr•e. s%fir Wit ," Eileen Monroe Print Witness'Name STATE OF: FLORIDA COUNTY OF: HILLSBOROUGH The foregoing instrument was acknowledged before me this 23rd day ofJanuary,2012,by JAMES K.SIMON,JR.as Senior Vice President-Loss and Risk Mitigation of SU, I AST SCHOOLS FEDERAL CREDIT UNION,a federally chartered Credit Union existing under the laws of the United .teaof America,individual(s)who is/are personally known to me or who has(ve)provided driver's license as identific,,.• .• did take an oath. (Seal) �� � ''/ „•,,,, EILEEN MONROE Not.,�`i �'�� i▪ 1''''X Notary Public•Slate of Florida My Commission Expires: _V c My Comm.Expires Jun 5,2014 ▪ Ei. Commission#DD 991921 Bonded Tnrouoh Natiena�N]rary Assn. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120004200 Millard and Denise Shorette Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, M %to{-d CA.wcl bQ„‘se S4■oct\-C, on behalf of himself as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120004200 dated the 21st day of March, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled forNovt.ryQK a.co-x-to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 120 days of this Hearing or a fine of$150.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the viola tion using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. �/ )42„ -eondent or Representative (sign) ��r Di .K Flagg, Director Code Enforcement Department 1.0/KA„ glat.) e_,(416.e.-5110 rdk / /49/-,- . Respondent or Representative (print) Date E 4 lag /I/2- Date REV 8/17/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Millard & Denise Shorette Inv. Patrick Baldwin Department Case No CESD20120004200 I INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 I IMPOSITION OF FINES HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100003739 COLLIER COUNTY, FLORIDA, Plaintiff, vs. COLLIER REALTY CORP, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 101 NEW MARKET RD E lmmokalee, FL SERVED: COLLIER REALTY CORP, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: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. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD2010003739 Board of County Commissioners vs. Collier Realty Corporation, Respondent(s) Violation(s): Ordinance 04-41, as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) Location: 101 New Market Rd. E. Immokalee, FL Folio # 63863840004 Description: Cooler/storage constructed/attached to the building prior to obtaining Collier County Building permits Past Order(s): On August 25, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4718 PAGE 2029, for more information. An Extension of Time was granted on January 19, 2012 See the attached Order of the Board, OR 4760 PAGE 652, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$250.00 per day for the period between October 20, 2012 —November 29, 2012 (41 days) for the total of$10,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.1.5 have been paid Total Amount to date: $10,250.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20100003739 vs. COLLIER REALTY CORPORATION, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19,2012,on the Respondent's Motion for Extension of Time,and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 9 months(October 19,2012 ). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this QL- day of,\LI:i'1. - ,2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,.FLORIDA Safi- LcAt€ik county of COLLIER BY: — _1 Kenneth .Ke-IIy,-Chairr I H ERE Y CFRTFFY THAT/this is a true any 2800 North Horseshoe Drive :o:sect copy or a OoCui11eptiot1 file in Naples, Florida 34104 Lcarri Minutes and.RetoloOf Col,her Count/ ��,Tr, J SS`+ iu non ant fic this oay of O sa I INSTR 4652722 OR 4760 PG,A3-21. & 7 - 3V``f = T E: i?.G`K C1.EKF COEF RECORDED 1/31/2012 3:27 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA gtrto REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) f The foregoing instrument was acknowledged before me this -� day of (\:At lO Ak, , 2012,by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, FlbiIda, who is �/-personally known to me or who has produced a Florida Driver's License as identification. 4R,,'AN KFISTINE TvvENTE \,�L�1 a. rV!�' , �.�■ :i#1 ��: Notary Public - State of Florida NOTARY PUBLIC 1. •` •7..... My Comm. Expires Jun 18,2015 My commission expires: �,?-'•"-n` Commission # EE 87272 ��NA��'� u.■,ndPi', ('unuch N,il orral Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Collier Realty Corp., 101 New Market Rd.E., Immokalee, FL 34142 and James L. Karl II, 678 Bald Eagle Drive, Marco Island, FL 34145 this: day of \(n ,2012. r M.Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples, Florida 34103 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100003739 vs. COLLIER REALTY CORPORATION, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25,2011, and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Collier Realty Corporation 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 101 New Market Road E.,Immokalee,FL, Folio 63863840004,more particularly described as Lots 37, 38, 39, and 40,Block 44 in the New Market Subdivision, Immokalee, Florida,as recorded in Plat Book 1, Pages 104 and 105 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41, The Land Development Code, as amended,section 10.02.06(B)(1)(a)in the following particulars: Cooler/storage constructed/attached to building prior to obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, The Land Development Code,as amended, section 10.02.06(B)(1)(a)be corrected in the following manner: INSTR 4605971 OR 4718 PG 2029 RECORDED 9/13/2011 2:09 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COWER COUNTY FLORIDA REC$27.00 I 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure/improvements and requesting all required inspections through certificate of occupancy/completion within 90 days(November 23,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 23, 2011,then there will be a fine of$250 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within • 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. �, 4r1-- r DONE AND ORDERED this �!— day of( `CLc ,2011 at Collier County, Florida. ,' CODE ENFORCEMENT BOARD COLLIER COUNTY F &RIGA BY: Kenneth e y, air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,-.21,4 day of C.{I,`, r, ...-:____\----, 2011 Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida,/who is personally known to me or who has produced a Florida Driver's License as identification. `,,�'ay P, KRISTINE TWENTE \ _ fi: `C t ; f _�,—.,„(�; Notary Public-State of Florida NOTARY PUBLIC •; + ;•=My Comm.Expires Jun 18,2015 My commission expires: %;���z�P7 Commission#EE 87272 rf rx• Bonded Through National Notary Assn. -- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Collier Realty Corp., 101 New Market Rd. E.,Immokalee,FL 34142 and James L.Karl II, 678 Bald Eagle Drive, Marco Island, FL 34145 this -;e; `day of (T L: c j ,2011. ---) :,date, v1 F L. ;i1IUH ' v i ,:ou my of•CO LLI Lk M.Jean Rawson Esq. "rah Y cr Florida Bar No. 750311 I HERP CER 1FY fl AT tir is a tpaa a 2375 North Tamiami Trail, Ste.208 :orrect cosy otP: oc.00. irn fite in Naples,Florida 34013 3oard Mi�itites a tt-Recort s tit Collier Coot (239)263-8206 NIT' n■ n.an a� eta1�offi seat this a- o ° 1 'D jA 1 G T E , • -Ck -R OF COU `: ,,, i. in 4! irv- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD201000003739 COLLIER REALTY CORP Respondent(s), STIPULATION/AGREEMENT • COMES NOW, the undersigned, Collier Realty Corp, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD201000003739 dated the 10th day of February, 2011 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and passed thru a certificate of completion/occupancy within 90 days of this hearing or a fine of$ 250.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the pro not this agreement and all costs of abatement shall be assessed to the property owner. R-espondent orLR'epresentative (sign) Diane Flagg, Dir-stor Code Enforcement Department Fr T N�s 0-rv��e Irv\�^' YZ-- s/•ZS/ 7 / Respondent or Representative (print) Date / 2 / (2 Datd fi ,e?./9/- say-a-A_LI REV 8/17/11 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20100003739 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.Petitioner VS. COLLIER REALTY CORP.Defendant(s AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Weldon Walker, Code Enforcement Official for the Code Enforcement Board of Collier County. who after being fully sworn, deposes and says: That on August 2f, 2011.. the Cock- Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to as stated in the Order recorded in the public record_ of 'Collier County,Florida in OR BOoi,+71 8PG 2 02`_--. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 12/25/2012. 4. That the re-inspection revealed that the con•ective action ordered by the Code Enforcement Board was no in compliance with the following conditions: Respondent ordered to apply for and obtain all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure/improvements and requesting all required inspections througl certificate of occupancy/completion within 90 day: (November 23. 2011 ) or 5250/day will be imposed and pay operational cost of 581.15 within 30 day::.. Or 1/19/2012 Respondent`s Motion for Extension of Time is GRANTEE. The Respondent is granted an extension of time for 9 months October 19.2012. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of October, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Weldon J Walker Jr. Code Enforcement O;ffidial STATE OF FLORIDA, COUNTY OF COLLIER Sworn to(or affirmedil and subscribed before me this 25th day of October.2012 by Weldon J Walker Jr. 7-7717 (Signature of�votary Public) / NOTARY Pi7ELIC-Sr.ATE OF FL ORIDI_ ' Maria F Rodriguez '-Tn Col missio,_ .. h' 04956r `°.,` Expires 3L-1.1c. 16,2015 (Print/Type/Stamp Commissioned Name fNoLai-YPubiicj BONDEDTETRU ATLANTIC BONDING CO.,INC. Personally known �' CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003049 COLLIER COUNTY, FLORIDA, Plaintiff, vs. THOMAS P SMITH, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Fence - Building Permit FBC105.1[B] LOCATION OF VIOLATION:2461 4th AVE NE Naples, FL SERVED: THOMAS P SMITH, Respondent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable be proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110003049 Board of County Commissioners vs. Thomas P. Smith, Respondent(s) Violation(s): Ordinance 04-41, as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 Location: 2461 4th Ave NE Naples, FL Folio #40622180009 Description: Garage conversion, large structure and fence on the property with no valid Collier County Building permits Past Order(s): On November 18, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4744 PAGE 1127, for more information. An Extension of Time was granted on April 26, 2012 See the attached Order of the Board, OR 4795 PAGE 92, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between October 24, 2012 —November 29, 2012 (37 days) for the total of$3,700.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.15 have been paid Total Amount to date: $3,700.00 INSTR 4691256 OR 4795 PG 92 RECORDED 5/9/2012 10:02 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20110003049 vs. THOMAS P. SMITH, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on April 26,2012,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days (October 23,2012). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1 day of.0\(. / ,2012 at Collier County, Florida. ) CODE ENFORCEMENTTOARD CO LLI E1 -0 TY_FLORIDA Ak st8'rs 0; r =n4OA aunty of C©LLUtk iRob fafma, C air 12800 prth Hyirses oe Drive 1 HEREBY CERTIFY THAT this is a ' Naples, Flo-ida .4104 correct cony or a Oocurnent OA f14e,!A Board Minutes and Recorae of Pitlier,Oaefily AinfsS rnv Nana ano offi is} aeal " ____ aay of 44,0.i_ c9.-CIQN " Wit MCA, CLERK OF 0391011..` f• Pa-bc8tc ...-mow STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1 The foregoing instrument was acknowledged before me this I day of 2011,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or /who has produced a Florida Driver's License as identification. 7 1_ „�����,,, KRISTINE TWENTE � -� ����� LL 's "`"`' `e'% OTARY PUBLIC =y ���, Notary Public-State of Florida Flonda ' .�;•_My Comm.Expires Jun 18,2015 My commission expires: N, "O'S Commission#EE 87272 %" Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas P. Smith,2461 46'Avenue N.E.,Naples, FL 34120 this \ day of M j j ,r-2012. M.Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 1 1 0003 049 vs. THOMAS P. SMITH, INSTR 4635250 OR 4744 PG 1127 RECORDED 12/8/2011 3.29 PM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT / COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2011, and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: 1. That Thomas P. Smith is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2461 4th N.E.,Naples,FL,Folio 40622180009,more particularly described as the West one-half(1/2)of Tract 21, GOLDEN GATE ESTATES, Unit 76,according to that certain plat as recorded in Plat Book 5,Page 13,of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code, as amended,sections 10.02.06(B)(1)(a)and Florida Building Code,2007 Edition, Chapter 1,Permits, Section 105.1in the following particulars: Garage conversion, large structure and fence on the property with no valid Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code, as amended,sections 10.02.06(B)(1)(a)and Florida Building Code,2007 Edition, Chapter 1,Permits, Section 105.Ibe corrected in the following manner: 1. By obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 120 days(March 14,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2012,then there will be a fine of$100 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this <?< U day of ta`J , 2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIERRU.TLO- BY: Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -)Ua) The foregoing instrument was acknowledged before me this"7/,-- (1J day of QJ �{,,a\'1?k 2011,by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE "v.��,\ '� nom s.eso, PCB y NOTARY PUBLIC l _° �`�: Notary Public-State of Florida My Comm.Expires Jun 18,2015 My commission expires: `� ��� A'= Commission#EE 87272 i9,,°F .' ��, Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas P. Smith,2461 4th Avenue N.E.,Naples, FL 34120 this ?''day of k j ,2011. / .7,1%, M. jean Rawson,Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 Naples, Florida 34013 ��F✓{, �, (239)263-8206 al-ft; ; ,;oufW or COLUiER i HERE`'Y CERTIFY THAT this is a 4+�ue and ':r>brieCt Copy et a aocurnent nz� fete F ,BOaCd:ri1imites and Rt?CCIVS. Of Co .lien ' .,JiTNI ESS my anc and! official seal this TQY of } E. BRO.GK, CLERE OR COURTS Di ' °r. ISA COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110003049 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SMITH,THOMAS P,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Sherry Patterson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on November lb. 201i, 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 original Order recorded in the public records of Collier County. Florida in OR Book 4741 PC 1127 and as stated in trnf Order On Motion For Extension Of Time recorded in the public records of Collier County, Florida in OR Book 4795 PG 92 2. That the respondent did not contact the investigator. 2. That a re-inspection was performed on October 24, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtaining Collier County Building permits or a Demolition permit and requesting all required inspections through certificate of occupancy / completion within 180 days. (October 23,2012) FURTHER AFFIANT SAYETH NOT. DATED this 24th day of October, 2012. COLLIER COI3TY, FLORIDA. CODE ENTRCEMEN —BOARD Sherry Patterson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or ffirmed)and subscribed before me this 24th day of October, 2012 by Sherry Patterson /tea (Signature ofNotar'Public) NOTARY PUBLIC-STATE OFFLORU . ;'<, Kimberly Brander „y Commission=f DD926130 (Print/Type/Stamp Commissioned Name of Notary Public) I'.XD;ro SEP.17,2012 NED'I-FIT,:'I-FIT,:^TL ANTIC ROSDING CO.,Ta Personally known � BO D ' CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120006825 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GWENDOLYN GREEN, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181[A] LOCATION OF VIOLATION:3675 10th AVE SE Naples, FL SERVED: GWENDOLYN GREEN, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800.North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CENA20120006825 Board of County Commissioners vs. Gwendolyn Green, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 Location: 3675 10th Avenue SE Naples, FL Folio # 41044640003 Description: Litter consisting of, but not limited to, refuse, clothes, boxes, assorted metals, plastics and wood, tires, etc. Past Order(s): On August 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4853 PAGE 1144, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$500.00 per day for the period between August 31, 2012 —November 29, 2012 (91 days) for the total of$45,500.00. Fines continue to accrue. Order Item # 5 Operational Costs of$80.29 have not been paid Total Amount to date: $45,580.29 INSTR 4760808 OR 4853 PG 1144 RECORDED 11/8/2012 3:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CENA20120006825 vs. GWENDOLYN GREEN, Respondent FIN?adVOFTACT,`CO O T IGNS OF`{CJ, AND ORDER OF T1BtOtRD / THIS CAUSE came on for public gearing the)kard-ort4trgust 23 0121 and the Board,having heard testimony under oath,received eveaenc14,and hear ' spe`e ive to a l appropl:ate afters,thereupon issues its Findings of Fact,Conclusions of w,r ,pr trii e'*Btt oW§—,7\ 1. That Gwendolyn Green > s ')ci p perty L, =--r 2. That the Code Enforcem it.. oard has jurisdiction of th rs n o > espondent and that the Respondent,having been duly non Idled to appear at the pi l c h6ari / 3. That the Respondent was notifie��" _ date of hearing b -csfhified mail and by posting. 4. That the real property I~ p perty located at 367 7�uen�a.�:,�sp'les,Florida 34117,Folio 41044640003,more particularly described as the West 75 of East 180 feet o Tract 56 of GOLDEN GATE ESTATES,UNIT 83, according to the plat thereof,recorded in Plat Book 5,Page 22,of the Public Records of Collier County,Florida, is in violation of Collier County Code of Laws and Ordinances,Chapter 54,Article VI,Section 54-181 in the following particulars: Litter consisting of,but not limited to,refuse,clothes,boxes,assorted metals,plastics and wood,tires,etc. 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 54,Article VI,Section 54- 181 be corrected in the following manner. 1. By removing all litter to a site intended for a final disposal or by storing desired items within a completely enclosed structure within 7 days(August 30,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 30, 2012,then there will be a fine of$500 per day for each day until the violation is abated. *** OR 4853 PG 1145 *** 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of S80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 21DONE AND ORDERED this 28 day of August,2012 and amended and re-signed nunc pro tune this day of C • ,2012 at Collier County,Florida. =-CEMENT BOARD / , 'i�OLLIER a 'S ,F ORIDA „�BY: 5:� / --R���' . `i akr �'"$800N +.hoe'\Drive STATE OF FLORIDA ) I i )SS: � � � � � I COUNTY OF COLLIER) The foregoing instrument was ackn tb ged before me this y,�f 2012,by-Robert Kaufman,Chair of th Enforcement Board o olli "unty,Florida,who is ✓personally known to me or \ q.. produced a Flo 'o� ,�� P I�{iy�s License as identification. KRIS TINETWENTE OTARYYt7BtC Notary Public•Slate of Florida y commission expires: FM m'EX Jun 18 •'.,,o'��' y Commission ir�FE 87 2015 Bonded r, 272 • RTIFICATE OF SERVICE • -• •:"fl;'tarntutn. d correct copy of this ORDER has been sent b U.S.Mail to Gwendolyn Green,3675 10'Avenue . , aples,Florida 34117 this ' day of C2) 2012. M. eax'Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210- -Stand F Lr;RtUA -\ Naples,Florida 34102 .ounTy Of CQLV!< .. (239)263-8206 1 HEREBY-CIERTI HAT this li a true an. •:orreck;cony or a oocumant on ttta la :3oard:All flutes ana-QacoraS of Colllar Coady 'A/JT JJ Di; my.nano-ana official, Boll thin Nov2,soee'O :4WIGHT E. ilitd4. CLERK Of OMITS i ` Y_,.� COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CENA20120006825 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. GREEN, GWENDOLYN,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 August 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 31st, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Litter remains scattered around the property. FURTHER AFFIANT SAYETH NOT. DATED this31 st day of August, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ril to(or a Ted)and s bscribed before me this 31st day of August ,2012 by Patrick Baldwin 1� l.. ' (Signature ofNoi /Public) NOTARY PUBLIC-STAY (Print/Type/Stamp Commissione• 'ame of Notary Public) C E OF FLORIDA :i1ee: Trawle,y E129317 Personally known -\/ iayir , Oi,2014 BONDED THP' :DTG CO.,L� CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20110014528 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LEON D & JOAN MC CASKEY, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Exotics - Unimproved/200' Improved/Subdivision54-185(c) LOCATION OF VIOLATION: 1335 Center Lane Naples, FL SERVED: LEON D & JOAN MC CASKEY, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEVR20110014528 Board of County Commissioners vs. Leon D. & Joan McCaskey, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(c) Location: 1335 Center Lane Naples, FL Folio # 75460840000 Description: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Air Potato, Downy Rose Myrtle, within a 200' radius of an improved property. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1315, for more information. The property is in compliance with the Code Enforcement Board Orders as of October 15, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between August 22, 2012 —October 15, 2012 (55 days) for the total of$8,250.00. Order Item # 4 Abatement Costs of$3,415.00 have not been paid. Order Item # 5 Operational Costs of$80.57 have not been paid Total Amount to date: $11,745.57 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEVR20110014528 vs. LEON D.AND JOAN MCCASKEY, INSTR 4666315 OR 4772 PG 1315 RECORDED 3/8/2012 12:03 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT / COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2012,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Leon D. and Joan McCaskey 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 1335 Center Lane,Naples,FL,Folio 75460840000,more particularly described as Sunny Trail Hgts Blk 1,Lot 12,according to the map or plat thereof, as recorded in Plat Book 1882, Page 001753 of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Section 54-185(c) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to,Brazilian Pepper, Air Potato,Downy Rose Myrtle, within a 200' radius of an improved property. 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 54,Article VI, Section 54- 185(c)be corrected in the following manner: 1. By obtaining any and all necessary permits,inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation and by treating the prohibited exotic vegetation base/stump with a U.S.Environmental Protection Agency approved herbicide AND by applying a visual tracer dye when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days(August 21,2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 21, 2012,then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to nay all operational costs incurred in the prosecution of this Case in the amount of 580.5% within 30 day:. 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 OPWEP.ED this .-- day o� _ :201 at Collier Counr). Fioria::. CODE ENFORCEMENT BOARD COLLIE CO y FLORIDA jl`` % i Ronert_Kaufrnan.-Vice Chair 2800 North Horseshoe Drive Naples, Florida-34+04- STATE OF FLORIDA )SS: COUNTY OF COLLIER) .,l - The foregoing instrument was acknowledged before me thi day of '--' `'_^-.c -G-\ 2012. by Robert Kaufman; Vice Chair of the Code Enforcement Board of Coiner County,.-Florida, who is personally known to me or , ' who has produced a'Florida Driver's License as identification. • ;;a:"il'v .. CHRISTINA LURBANOWSI.i NOTARY PUBLI_ T : = MY COMMISSION#EE 142138 t, My commission expires: t o.` EXPIRES:November 22,201E Z p %?,?;h'' bonded Thru Notary Public Unoerwrhern F. t CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has begin sent by U. S. Mail to Leon D. and Joan McCaskey. 1200 Lastrada Lane,Naples. FL 34103 this ;;d of ` -�(`',_ _. .2012. 1M. Jean Rawson, Esq.' �� 4 ii E 4i,ti 'lorida Bar No. 750311 �� 11 2375 North Tamiami Trail, Ste.208 Naples, Florida 34013 1 HEREBY CERTi Y THAT this is a (239)263-8206 :orre.ct- copy or a cocument on the eat Board Mir'utes ana'Recoros of Cot her Court gSS rmv It+. sta a ffit:* seat thtt> Day oftiv ' )l)17 WIGHT E. BMA, CLERK OF COURTS CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120003516 COLLIER COUNTY, FLORIDA, Plaintiff, vs. STEVEN J MARTARANO, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: . 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181[A] LOCATION OF VIOLATION:211 20th ST SE Naples, FL SERVED: STEVEN J MARTARANO, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CENA20120003516 Board of County Commissioners vs. Steven J. Martarano, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 Location: 211 20th Street SE Naples, FL Folio # 39387240004 Description: Construction debris dumped on the Estates-zone property Past Order(s): On July 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4825 PAGE 902, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between September 25, 2012 —November 29, 2012 (66 days) for the total of$6,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of$80.57 have been paid Total Amount to date: $6,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CENA20120003516 vs. STEVEN J. MARTARANO, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2012, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Steven J. Martarano is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 211 20th Street S.E.Naples,Florida 34117,Folio 39387240004,more particularly described as the North 180 feet of Tract 65,GOLDEN GATE ESTATES,UNIT 51,a subdivision according to the plat thereof as recorded in Plat Book 5,Page 84,Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 54,Article VI,Section 54-181,in the following particulars: Construction debris dumped on the Estates-Zone property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances,Chapter 54,Article VI,Section 54- 181 be corrected in the following manner: 1. By removing all litter to a site intended for a final disposal or by storing desired items within a completely enclosed structure within 60 days(September 24,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24, 2012,then there will be a fine of$100 per day for each day until the violation is abated. INSTR 4727335 OR 4825 PG 902 RECORDED 8/10/2012 11:56 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of Y � ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIERAUNTY,FLORIDA BY. _T Robert=K ufinan, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Flor da 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2012,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. TINE TWENTE ?°•~r•`� Nc v Public -State of Florida NOTARY PUBLIC -'• "=�: = My Comm. Expires Jun 18,2015 My commission expires: Commission#EE 67272 Bonded Through Nation'Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY at a true and correct copy of this ORDER has been sent by U. S.Mail to Steven J. Martarano,211 20th Street, S.E,Naples,Florida 34117 this t.,, day of ,2012. M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board swim E��R[ 681 Goodlette Road N., Ste. 210 >Amy o@(*W Naples, Florida 34102 (239)263-8206 t HEREBY.iRrii€ -TH. AT tip s_ii 1101/411. t ;oirr$CZ copy at'a ragm ent on f Boaki Minutes ang Hamm w Co t"'' S ITNE nnv h�a artil:t ficfa►sa M' day .E. 8ROU C .EHN Or NUM \ .� 0 4.114. BOARD OF COUNTY COMMISSIONERS • Collier County, Florida Petitioner, vs. Case No. CENA20120003516 Steven J Martarano Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Steven J Martarano, on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20120003516 dated the 14th day of March, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 26th, 2012; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing all litter to a site intended for a final disposal or store desired items within a completely enclosed structure within 60 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the•Respondent fails to abate the violation the County may abate the violation and may use the assistance of tine Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be-assessed to the property owner. Respo d4.nt br R presentative'(sign) 1�� lane Flagg, Director Code Enforcement Department f - F -7 /02 Y // ? Responderit`or Representative (print) Date Date REV 1/5/1 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CENA20120003516 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MARTARANO.STEVEN J,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 July 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4825 PG 902 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 23rd.2012 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with.the following conditions: Still some litter on the estates zoned property. FURTHER AFFIANT SAYETH NOT. DATED thislstday of[October, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER worn to(or affirmed)and subscrib d before me this 1st day of October 2012 by Patrick Baldwin KA_u_,„,.. ...n-L,,,, ,_,. ,(Signature of Notary Public) ' a\ NOTARY PUBLIC-STATE OF FLORIDA """' Colleen Crawley (Print/Type/Stamp Commissioned Name of Notary Public) s i '.R Ccrruni.ssin 4 EE129317 ` 'Expire:. J 7iE 07,2014 Personally BONDEDTHI:C,JL..i';TIC ONOOGCO.,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110017435 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROOKERY BAY BUSINESS PARK LLC, Respondent(s) Sean M. Coutts, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) LOCATION OF VIOLATION: No site address Folio#732800002 SERVED: ROOKERY BAY BUSINESS PARK LLC, Respondent Sean M. Coutts; Registered Agent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU.TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL.NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Services the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110017435 Board of County Commissioners vs. Rookery Bay Business Park LLC., Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.13(F) Location: No Site Address Naples, FL Folio # 732800002 Description: Failure to submit PUD monitoring report. Past Order(s): On September 27, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4844 PAGE 317, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between October 13, 2012 —November 29, 2012 (48 days) for the total of$4,800.00. Fines continue to accrue. Order Item# 5 Operational Costs of$80.86 have not been paid Total Amount to date: $4,880.86 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110017435 vs. ROOKERY BAY BUSINESS PARK, LLC. INSTR 4749586 OR 4844 PG 317 RECORDED 10/9/2012 4:48 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2012,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Rookery Bay Business Park,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, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at No Site Address, Naples, Florida, Folio 732800002, more particularly described as the South %of the North %2 of the SW'A lying East of State Road S-951 and the South %2 of the NW'/4 of the SE 1/4 of Section 10,Township 51 South, Range 26 East,Collier County, Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.13(F)in the following particulars: Failure to submit annual PUD Monitoring report. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, as amended,the Collier County Land Development Code, Section 10.02.13(F)be corrected in the following manner: 1. By completing and submitting two copies of the PUD annual Monitoring report form, one of three traffic county options,and one executed affidavit within 15 days(October 12,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 12, 2012,then there will be a fine of$100 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this �f day of (;'( ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COI,L-I • '• TY,,FLORIDA BY! % Ina Robe au n, C 2800Torth 'rse oe Drive Naples, orida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2012,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County,Florida,who is ;.— personally known to me or who has produced a Florida Driver's License as identification. •'';''' KRISTINE TWENTE :�°. ; Notary Public-State of Florida � �' �� * ,,;�* NOTARY PUBLIC } •. .•=My Comm. Expires Jun 18,2015 tea 'oe My commission expires: e Commission # EE 67272 y p Bonded T• ■ltary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rookery Bay Business Park,LLC., 1083 N. Collier Blvd.,Unit 113,Marco Island,FL 34145,and to Rookery Bay B siness Park,LLC, c/o Sean M. Coutts, 1172 S.Dixie Hwy. #453, Coral Gables,FL 34146 this LJt---day of 2012. // ( ir- t M. Jean/Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 6 Goodlette Road N., Ste.210 Stritd . 01es,Florida34102 .;�qu,ntr of COWL* ( 39)263-8206 HEREBY CERTIFY THAT tisk k >orrect copy of a aocumerit on me 3oard Minutes-eon Recoras at Copier County C oa had/r (Z BRO4K,,CLERK OF COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CESD20110017435 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ROOKERY BAY BUSINESS PARK LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared David Jones. Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 27, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County. Florida in OR Book 4844 PG 317. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 15th 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Submittal of annual PUD monitoring report. FURTHER AFFIANT SAYETH NOT. DATED this 15 day of October, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD David Jon- Code • orcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or aC ed)and .ubscribed before me this \ ay of � _2012 by David Jones (Signature of Notary Public) (Print/Type/Stamp Commission ame of Notary Public) NOTARY PUBLIC-STATE CFFLORIDA .Fawley Personally known v 'i7� 3129317 `,r..,,,,.,' :::;t, _wE 07,2014 BONDED THRU ATLANTIC BONDING Ca,INC CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120004188 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DOREEN BIGICA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/29/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:2391 19th ST SW SERVED: DOREEN BIGICA, Respondent James Seabasty, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10-04 be reviewed prior to your attenaance at the hearing to include emphasis on Section Eight relating to the appeal process. • Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA ilkkio 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 he proveer su propio traductor,pars un mejor entendimiento con las comunicaciones be este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120004188 Board of County Commissioners vs. Doreen Bigica, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(l)(e) Location: 2391 19th Street SW Naples, FL Folio #45965880003 Description: No Collier County Building permits for garage door converted to double glass doors. Past Order(s): On August 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4832 PAGE 1953, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$250.00 per day for the period between October 23, 2012—November 29, 2012 (38 days) for the total of$9,500.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.43 have not been paid Total Amount to date: $9,581.43 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120004188 vs. INSTR 4736117 OR 4832 PG 1953 DOREEN BIGICA, RECORDED 9/5/2012 12:11 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 23,2012, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board,as follows: 1. That Doreen Bigica is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2391 19th Street S.W.,Naples,Florida 34117, Folio 45965880003,more particularly described as the South 180 feet of Tract 70,GOLDEN GATE ESTATES,Unit 195,according to the Plat thereof, as recorded in Plat Book 7, at Page 102,of the Public Records of Collier County,Florida, is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)in the following particulars: No Collier County Building Permits for garage door converted to double glass doors. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(October 22,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 22, 2012,then there will be a fine of$250 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this , •} day of .',L- . 2012 at Collier County.Florida. J CODEE e•CEMENT BOARD CO(LI I' T FLORIDA Y:, B o �bertlK6ufttidn, Chair 2800 North'Heirseshoe Drive Naples, Fla- 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) j� - The foregoing instrument was acknowledged before me this+1 l� day of ! u)--);'),,,_,-,1' 2012,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County,Florida.. who is - personally known to me or who has produced a Florida Driver's License as identification. J , . -. < -, ` - 2,P.Y P'be KRISTINE TWENTE ;, J�� %L ▪?.M., Notary Public. - State of Florida NOTARY PUBLIC ▪•. 4N; •_My Comm. Expires Jun 18,2015 My commission expires: =9,,—w e, -Commis s,r„ # EE 87272 k nnal Notary Assn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by L. 11.Mail to Doreen Bigica,2391 19th Street S.W., Naples. Florida 3411? this , "day of •• t Jr„_ .2011 ' / ---:/:�<-7-- -E'_ti ._.-rte M. jean-'Rawson.Esq. Florida Bar No. 750311 • Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 or '+ 0zrK� Naples Florida 34102 vOunlY 111 3 , ? x '39)263-8206 L:i” Y • : I HER'EE4Y-ZERTIF1" THAI'bet It t %me lit :orrec.! Copy ot-,i-Op;unbent Of! fly it :D Oa rtf lAi n utets and liecoros of Collies `L d Y ;,. '�'.OIFF �Rf = J rrty. 0$y, cif:e1. t...[A.Ite �"2-- C ". rh E- BRO F:CLERK OF COURTS 31\ " .