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CESM Backup Docs 02/02/2007 2007 - Special Magistrate Backup Documents February 2 , 2007 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: February 2,2007 at 8:30 A.M. Location: 3301 E.Tamiami Trail,Naples,Florida,Collier County Government Center Administrative Building"F",3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER 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 SPECIAL MASTER SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER—Special Master Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA HI. APPROVAL OF MINUTES—January 19,2007 IV. MOTIONS FOR CONTINUANCE V. PUBLIC HEARINGS A. Stipulations B. Hearings I. CASE NO: DAS 11012 OWNER: HAYDEE RANDA OFFICER: DAS OFFICER BONNIE KUBICSEK VIOLATIONS: CHAPTER 14-36, PAR A(2) DOG OR CAT RUNNING AT LARGE 2. CASE NO: DAS 11013 OWNER: HAYDEE RANDA OFFICER: DAS OFFICER BONNIE KUBICSEK VIOLATIONS: CHAPTER 14-34,PAR A(4) FAILURE TO AFFIX LICENSE ON DOG/CAT 3. CASE NO: DAS 11301 OWNER: MARIA GALVAN OFFICER: DAS OFFICER PAUL MORRIS VIOLATIONS: CHAPTER 14-36,PAR A(2) DOG RUNNING AT LARGE 4. CASE NO: DAS 11302 OWNER: MARIA GALVAN OFFICER: DAS OFFICER PAUL MORRIS VIOLATIONS: CHAPTER 14-36,PAR A(2) DOG RUNNING AT LARGE 5. CASE NO: DAS 11303 OWNER: MARIA GALVAN OFFICER: DAS OFFICER PAUL MORRIS VIOLATIONS: CHAPTER 14-36,PAR A(2) DOG RUNNING AT LARGE 6. CASE NO: DAS 11304 OWNER: MARIA GALVAN OFFICER: DAS OFFICER PAUL MORRIS VIOLATIONS: CHAPTER 14-36,PAR A(2) DOG RUNNING AT LARGE 7. CASE NO: SO 134330 OWNER: CHARLES R.WILKINSON OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 ILLEGAL PARKING-BLOCKED ACCESS RD 8. CASE NO: SO 154707 OWNER: RICHARD MOHANEY OFFICER: DEPUTY SHERIFF WIEDEL VIOLATIONS: ORD. 130-66 IN PARKING LOT ROADWAY 9. CASE NO: SO 141211 OWNER: DINO ROGGIERO OFFICER: DEPUTY SHERIFF STEED VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 10. CASE NO: SO 152900 OWNER: JANET L.LUNEKE OFFICER: DEPUTY SHERIFF KELLER VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 11. CASE NO: SO 152891 OWNER: EDWIN L. RICHMOND OFFICER: DEPUTY SHERIFF KELLER VIOLATIONS: ORD. 13 0-67 HANDICAPPED SPACE 12. CASE NO: SO 141180 OWNER: ELENA PECHURA OFFICER: DEPUTY SHERIFF JOHN MAISANO VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 13. CASE NO: SO 149152 OWNER: EMILE DUMAS OFFICER: DEPUTY SHERIFF CPL.WOOD VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 14. CASE NO: SO 150141 OWNER: IRIS PAUL OFFICER: DEPUTY SHERIFF L.GARZA VIOLATIONS: ORD. 130-66 PARKING IN ROADWAY 15. CASE NO: SO 150121 OWNER: CHARLES CARR OFFICER: DEPUTY SHERIFF L.GARZA VIOLATIONS: ORD. 130-66 PARKING IN ROADWAY 16. CASE NO: PU 2342 OWNER: DANIEL CHIRINOS&PATRICIA L SAUNIER OFFICER: PUBLIC UTILITIES INV.TONYA PHILLIPS VIOLATIONS: ORD. 05-44,SEC.5,6,7,8 LITTER CURBSIDE ON NON-PICK UP DAY 17, CASE NO: CE 002331 OWNER: JAMES S CARRUTHERS OFFICER: CODE INV. BOX VIOLATIONS: ORD. 130-66 PARKING ALONG SIDE ROAD IN ROW VIOLATION ADDRESS: 1725 CAMELIAN LANE NAPLES, FL. 18. CASE NO: CE 002488 OWNER: SUSAN E ROMANO OFFICER: CODE INV. MARTINDALE VIOLATIONS: ORD. 130-66 PARKING ALONG SIDE ROAD IN ROW VIOLATION ADDRESS: 517 100TH AVENUE N. NAPLES,FL. 19. CASE NO: CE 003306 OWNER: CONNORS OFFICER: CODE INV.ATHEY VIOLATIONS: ORD.SEC. 130-66 I(F) PARKING ALONG SIDE ROAD IN ROW VIOLATION ADDRESS: POINCIANA STREET NAPLES,FL. 20. CASE NO: CE 002633 OWNER: PHILIP A ROBLES OFFICER: CODE INV.AMBACH VIOLATIONS: ORD.SEC. 130-66(2)G PARKING IN ROW 21. CASE NO: 2006120523 OWNER: RENENTO BLANCO OFFICER: CODE INVR. PAUL VIOLATIONS: ORD.04-41,SEC.4.05.03(A) VEHICLES PARKED IN FRONT YARD VIOLATION ADDRESS: 4244 22ND AVENUE SW NAPLES, FL. 22. CASE NO: 2006110272 OWNER: SOSTHENE&RAYMONDE CASTHELY OFFICER: CODE INVR. PAUL VIOLATIONS: ORD.04-41,SEC.4.05.03(A) MULTIPLE CARS PARKED ON YARD VIOLATION ADDRESS: 2717 TROPICANA BLVD. NAPLES,FL. 23. CASE NO: 2006050872 OWNER: JOHN A PIPER OFFICER: CODE INV.SANTAFEMIA VIOLATIONS: ORD.2004-58,SEC.7(2) RENTAL REGISRTATION VIOLATION ADDRESS: 440 GOLDEN GATE BLVD WEST NAPLES,FL. 24. CASE NO: 2006100404 OWNER: AGUSDENIS INC.C/O DENIS NAZARETH OFFICER: CODE INV. YBACETA VIOLATIONS: ORD. 2004-58,SEC.7(2) RENTAL REGISRTATION VIOLATION ADDRESS: 4244 22ND AVENUE SW NAPLES,FL. 25. CASE NO: 2006100283 OWNER: GEORGE G.&ANITA U.SMITH OFFICER: CODE INV. BOX VIOLATIONS: ORD.05-44,SEC.6,7,8 LITTER VIOLATION ADDRESS: 1120 ST.CLAIR SHORES ROAD NAPLES, FL. 26. CASE NO: 2006060712 OWNER: JAMES&CATHY DONOVAN OFFICER: CODE INV.MUCHA VIOLATIONS: ORD.04-41,SEC. 10.02.06(B)(1)(A WORK WITHOUT REQUIRED PERMIT VIOLATION ADDRESS: 200 TAHITI CIRCLE NAPLES,FL. 27. CASE NO: 2006100842 OWNER: LEONARDO HERNANDEZ OFFICER: CODE INV. KEEGAN VIOLATIONS: ORD. 04-41,SEC.2.01.00 C COMMERCIAL VEHICLE/EQUIPMENT IN RESIDENTIAL AREA VIOLATION ADDRESS: 219 7TH STREET N IMMOKALEE, FL. VI.NEW BUSINESS A. Motion for Imposition of Fines: B. Motion for Reduction of Fines: VII.OLD BUSINESS, A. Request to forward case for Collections/Foreclosure: VIII.CONSENT AGENDA- A. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. IX. REPORTS X. NEXT MEETING DATE XI.ADJOURN CE8 OWOCUM EVIDENCE INVENTORY WORKSHEET CASE NO.: 07-3324-CA PLAINTIFF: BOCC DEFENDANT: DONOVAN TRIAL: VERDICT: HEARING: LOCATION: RECORDS CONTAINER: ENVELOPE DESCRIPTION: 2 PHOTOS 1 DOC RESP 5 PHOTOS 1 DOC PET NOTES: ADMINISTRATIVE APPEAL OVER PLAINTIFF/ATTORNEY DEFENDANT/ATTORNEY BOCC JEFFREY FRIDKIN 5551 Ridgewood Drive Ste 501 Naples,Florida 34108 BY: Cheryl Bishop,Appeals DEPARTMENT LOCATIONS: C-01 = Civil PR=Poster Room B=SP/CC MAP= Map Bin(rolled) A=Appeals DCA=District Court of Appeal(Lakeland) AP=Appellate Banc(Ft.Myers) CONTAINERS: ENV= envelope BAG=vault bag BOX=box DESCRIPTIONS: APPEALS/DESTRUCTION DOC=documents VID=video A=Removed Appeal PHO=photos NOV=other O=Removed Other POS=posters R=Return Appeal Cc:file Donna W. 14 4- -• ■A cv..7 (4, • 4 . .■:•%oft) • • ' .0t,4 • • CLERK'S CIVIL CASE NO. 07-3324-CA BCC VS. JAMES & CATHY DONOVAN ALL ORIGINAL DOCUMENTS INCLUDING TWO (2) 18"x 24" RECORD SURVEY MAPS (COUNTY EXHIBITS D & E) ARE ON FILE IN THE BOARD'S MINUTES & RECORDS DEPARTMENT February 2, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, February 2, 2007 LET IT BE REMEMBERED, that the Collier County Special Master in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson Sue Chapin — Secretary to the Special Master COUNTY STAFF PRESENT: Dennis Mitchell — Code Enforcement Supervisor Jeff Wright— Assistant County Attorney MULTIPLE CARS PARKED ON YARD VIOLATION ADDRESS: 2717 TROPICANA BLVD. NAPLES, FL. 23. CASE NO: 2006050872 OWNER: JOHN A PIPER OFFICER: CODE INV.SANTAFEMIA VIOLATIONS: ORD.2004-58,SEC.7(2) RENTAL REGISRTATION VIOLATION ADDRESS: 440 GOLDEN GATE BLVD WEST NAPLES, FL. 24. CASE NO: 2006100404 OWNER: AGUSDENIS INC.CIO DENIS NAZARETH OFFICER: CODE INV. YBACETA VIOLATIONS: ORD.2004-58,SEC.7(2) RENTAL REGISRTATION VIOLATION ADDRESS: 4244 22ND AVENUE SW NAPLES, FL. 25. CASE NO: 2006100283 OWNER: GEORGE C.&ANITA U.SMITH OFFICER: CODE INV.BOX VIOLATIONS: ORD.05-44,SEC.6,7,8 LITTER VIOLATION ADDRESS: 1120 ST.CLAIR SHORES ROAD NAPLES, FL. 26. CASE NO: 2006060712 OWNER: JAMES&CATHY DONOVAN OFFICER: CODE INV.MUCHA VIOLATIONS: ORD.04-41,SEC. 10.02.06(B)(1)(A WORK WITHOUT REQUIRED PERMIT VIOLATION ADDRESS: 200 TAHITI CIRCLE NAPLES,FL. 27. CASE NO: 2006100842 OWNER: LEONARDO HERNANDEZ OFFICER: CODE INV. KEEGAN VIOLATIONS: ORD.04-41,SEC.2.01.00 C COMMERCIAL VEHICLE/EQUIPMENT IN RESIDENTIAL AREA VIOLATION ADDRESS: 219 7TH STREET N IMMOKALEE, FL. VI. NEW BUSINESS A. Motion for Imposition of Fines: B. Motion for Reduction of Fines: February 2, 2007 The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated B. HEARINGS 26. Case#2006060712—BCC vs.James and Cathy Donovan The Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent,James Donovan, was present. John Rogers was also present as a former owner of the property. He disclosed that he is a licensed attorney in another state. He was not acting in the capacity of an attorney for this Hearing, but as an Agent for the Respondent. Violation(s): Ordinance 2004-4, Section 10.02.06(B)(1)(A) Work without required permit Address of violation: 200 Tahiti Circle,Naples, FL 34113 The Investigator stated he received a complaint from a neighboring property owner concerning the construction of a roof on a boat house at 200 Tahiti Circle. He offered several photographs which were admitted into evidence and marked as Composite County Exhibit"A." The photographs depicted: (a) the framed boathouse, (b) the "Stop Work" Order, and (c) a second view of the boathouse. The Special Master asked if there were any objections to the photographs before she examined them. Mr. Rogers objected to the photographs. He stated the issue of this Hearing was"work started/done on the boat house prior to the issuance of a permit." He felt the pictures were not relevant to the issue before the Special Master. He admitted that work had begun before a permit was issued,and that the situation had been corrected. There was nothing in the Complaint about the width and size of the boat house. The only issue was the roof of the boat house. Attorney Craig Woodward, attorney for the neighbors, stated the"Stop Work" Order(issued on June 19,2006)cited the"... boat dock being built is not the same as the existing dock that is being replaced." He contended the Notice of Violation was not limited simply to the roof issue. The dock is a legal non-conforming structure,but it was to be replicated exactly or it would lose the non-conforming status. He stated the violation encompassed the entire structure,not just the roof. Mr. Rogers stated that he had a C/O verifying that the structure had been inspected and approved on June 6, 2006. He had agreed to revisit the issue of the structure at a later date. 8 3 February 2, 2007 The Special Master stated that the primary concern of this Hearing was to ascertain what Notice the Respondent had received and what he was prepared to present. Investigator Mucha stated he had copies of emails from Ross Gochenaur, dated August 23, 2006 and November 28, 2006. The Respondent did not object to the emails. The Special Master reviewed the documents which were admitted into evidence and marked as County Exhibits"B" and "C,"respectively. The Special Master stated the previous permits obtained by the Respondent were nullified due to insufficient or incorrect information. The Special Master said she would grant a Continuance if she were convinced that the Respondent was not prepared to respond to all of the issues presented and would be prejudiced by continuing the Hearing. RECESS: 11:15 AM RECONVENED: 11:30 AM Continuation of Case#2006060712—BCC vs.James and Cathy Donovan Mr. Rogers stated that if the County had received incorrect or insufficient information, it was not provided by the Respondent. He stated he needed to consult with and obtain defenses from original contractor of the boathouse, the original surveyor, the original builder of the dock, the original architect and the various County representatives with whom he met previously. Attorney Woodward agreed to stipulate to a Continuance. The Special Master stated this particular Hearing would require additional time. Dennis Mitchell, Code Enforcement Supervisor, stated he would check with all parties concerned to arrange for a time certain at a future Hearing. The Respondent stated his correct mailing address is 139 Trinidad Street,Naples, FL 34113. The Special Master ruled this Case was to be CONTINUED to a date to be set, and that all interested parties would receive written notice. Sue Chapin, Secretary to the Special Master,stated Collier County requested that Item 17 on the agenda, Case #CE 002331—BCC vs. James Carruthers,be continued to the March 3,2007 Hearing. The Special Master GRANTED the County's Request for a Continuance. 1. Case#DAS 11012— BCC vs. Havdee Randa The Hearing was requested by the Respondent who was not present. Department of Animal Services Officer Bonnie Kubicsek was present. Violation(s): Chapter 14-36, Paragraph A(2) 9 \ 397176 OR: 4182 PG: 0034 RICOIDID in OffICIAL UCOIDS of COLLIII MITI, IL 02/12/2001 it 08:50AM D/IG1Y I. IIOCI, CLLR uc III 18.50 COLLIER COUNTY CODE ENFORCEMENT IBtn: CODI unman SPECIAL MASTER I111n0ffICE ATTI: DE11I3 KITCHELL Case No.— 2006-060712 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JAMES and KATHY DONOVAN, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 2,2007,and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT I. That Respondent(s) is/are the owner(s) of the subject property located at 200 Tahiti Circle, Naples, FL 34113 2. That the citation being contested by the Respondent(s),James and Kathy Donovan, was issued by Collier County Code Enforcement Investigator Joe Mucha. 3. That the Respondent(s), having been duly notified, appeared at the public hearing and raised questions as to the scope of issues that they would be addressing in their defense against the citation. 4. That the County advised the Special Master that any and all code violations relating to the boat house that may be present on the subject property would be addressed at the hearing. 5. That the County, after conferring with the Respondent(s), acknowledged that the Respondent(s) may require more time to prepare their response to the County's presentation and did not object to the case being continued. 6. That the Respondent(s),after conferring with the County, requested that the case be continued. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: 4 *>r$ PG: 1r>t'* R 4182 0035 A. This matter is continued until further notice. Notice is made by giving written notice to the Office of the Special Master that the parties are ready to proceed. B. Either party may request that this case be re-set before the Special Master at the next hearing date following their written notice, but in no event sooner than 20 days from the date of the notice. C. The opposing party must be notified within 3 days of the notice by the party filing the notice using the most expeditious method of notification available,and thereafter the opposing party shall have 7 days within which to file a written objection to the setting of the case. D. Good cause must be shown why the case is not ready to proceed to hearing after such notice has been given by either party. E. The review of the notice and objection and the decision regarding setting of the hearing shall be made by the Special Master upon receipt of the written notice and objection, if any. DONE AND ORDERED this aAC( day of fJ). ,2007 at Collier County,Florida. .��► .ill • /JA ' + )A C.GARRE' :0 Special Master Collier County Code Enforcement cc:1l espondent(s)—James&Kathy Donovan i * oilier Co. Code Enforcement Dept. 7/i ✓Craig Woodward, Esq. tel orate o F LOC iLM .ounty of COLLIER I HEREBY C - .s ri true and correct Board .... {OUnt! WiTNE : r .� '. OWI- E. BR (.K, CL 1<tk:; . TS.:. '0.C• March 16, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, March 16, 2007 LET IT BE REMEMBERED, that the Collier County Special Master in and for The County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson Sue Chapin — Secretary to the Special Master COUNTY STAFF PRESENT: Jeff Wright— Assistant County Attorney Dennis Mitchell — Code Enforcement Supervisor 1 n HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: March 16,2007 at 8:30 A.M. Location: 3301 E.Tamiami Trail,Naples, Florida,Collier County Government Center Administrative Building"F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER 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 SPECIAL MASTER SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER—Special Master Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—March 2,2007 IV. MOTIONS FOR CONTINUANCE V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: DAS 11234 THRU 11238 OWNER: GREGORY COCHRAN OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-36, SEC.(A)(2) INJURED DOG RUNNING AT LARGE AND MULTIPLE DOGS RUNNING AT LARGE VIOLATION ADDRESS: PUBLIC RIGHT-OF-WAY IN FRONT OF 624 10TH ST.&NORTH 10TH ST, IMMOKALEE 2. CASE NO: DAS 11239 THRU 11243 OWNER: GREGORY COCHRAN OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-34, SEC.(A)(1) FAILURE TO VACCINATE MULTIPLE DOGS VIOLATION ADDRESS: PUBLIC RIGHT-OF-WAY ON NORTH 10TH ST, IMMOKALEE 3. CASE NO: DAS 11244 THRU 11246 OWNER: GREGORY COCHRAN OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-41, SEC.(A)(5) TORMENT ANY ANIMAL VIOLATION ADDRESS: PUBLIC RIGHT-OF-WAY IN FRONT OF 624 NORTH 10TH ST, IMMOKALEE 4. CASE NO: DAS 11278 THRU 11281 OWNER: RAUL DIAZ OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-36 SEC.(A)(2)&CODE NO. 14-36, SEC. (A)(7) DOGS RUNNING AT LARGE; SNAP,GROWL AND SNARL TO THREATEN PERSON VIOLATION ADDRESS: 505 HOPE CIRCLE, IMMOKALEE 5. CASE NO: DAS 11285& DAS 11286 OWNER: MATTHEW HUBBARD OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-36 SEC.(A)(2)&CODE NO. 14-34, SEC. (A)(4) DOG RUNNING AT LARGE; FAILURE TO AFFIX LICENSE VIOLATION ADDRESS: BAYSIDE STREET 6. CASE NO: DAS 11287 THRU 11290 OWNER: NATALIE MYERS OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-36 SEC.(A)(2)&CODE NO. 14-36, SEC. (A)(5) DOGS RUNNING AT LARGE; DEFECATION CREATING PUBLIC NUISANCE VIOLATION ADDRESS: COMMON GROUND ON BLAUVELT COURT 7. CASE NO: DAS 11298& DAS 11299 OWNER: CHRISTINE JODOIN OFFICER: DAS OFC. PETER HINKLEY VIOLATIONS: CODE NO. 14-41, SEC.(A)(9) LEAVING DOG IN VEHICLE IN A CRUEL OR INHUMANE MANNER THAT THREATENS THE HEALTH OF ANIMAL,NO WATER VIOLATION ADDRESS: 3451 TAMIAMI TRAIL E. 8. CASE NO: 2007010511 OWNER: CRAIG& GLORIA PERLOWIN OFFICER: CED INV. RENALD PAUL VIOLATIONS: ORD.04-41, SEC.4.05.03(A) RECURING VIOLATION-VEHICLE ON PARK ON THE GRASS VIOLATION ADDRESS: 1900 46TH TERRACE SW 9. CASE NO: 2006040727 OWNER: ROBERT A.MITCHELL OFFICER: CED INV. MARIO BONO VIOLATIONS: ORD.04-41, SEC.4.05.03(A) PARKING ON UNPAVED/UNSTABLIZED SURFACE VIOLATION ADDRESS: 3465 DORADO WAY 10. CASE NO: 2006060712 TIME CERTAIN/12:00P.M. OWNER: JAMES&CATHY DONOVAN OFFICER: CED INV.JOE MUCHA VIOLATIONS: ORD. 04-41, SEC. 10.02.06(B)(1)(A)& 10.02.06(B)(1)(D);CODE OF LAWS SEC. 22,ARTICLE II, PAR. 104.1.3.5 CONSTRUCTION WITHOUT PERMIT VIOLATION ADDRESS: 200 TAHITI CIR. \ • March 16, 2007 9. Case#2006040727—BCC vs. Robert A. Mitchell The Hearing was requested by Code Enforcement Investigator Mario Bono was present. The Respondent was also present. Violation(s): Ordinance 04-41, Sec. 4.05.03(A) Parking on unpaved/unstablized surface Address of violation: 3465 Dorado Way, Naples, Florida The Investigator stated the Notice of Violation had been served via certified mail. The USPS proof of delivery had been received. The property was also posted. The Investigator introduced photographs of the vans which, after examination by the Respondent, were marked as the County's Composite Exhibit "A"and entered into evidence. The Respondent stated the parking restrictions are not uniformly applied, and that parking in Golden Gate Estates, which is not an agricultural area, is not as restricted. He reiterated the application of these restrictions to him is simply discriminatory. He cannot afford to black-top his entire property in order to satisfy the County. The Special Master suggested the Respondent contact the Planning/Permitting Department in order to determine an alternative to expanding his parking area without paving. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the violations alleged and was ordered to remove the vehicles to a paved surface on or before March 21, 2007 or a fine of$75.00 per day would be imposed for each day the violation remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was also ordered to pay a civil penalty of in the amount of$200.00 on or before April 16, 2007. The Respondent was ordered to pay Operational Costs in the amount of$128.46 incurred by Code Enforcement during the prosecution of this case on or before April 16, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated 10. Case#2006060712—BCC vs.James and Cathy Donovan This is a continuation of the case heard by the Special Master on February 2, 2007. County Attorney Jeff Wright stated the focus of this case is a permitting issue. The Hearing was initially requested by Code Enforcement Investigator Joe Mucha was present. 6 March 16, 2007 Rocky Schofield, Ross Gochenaur, Craig Woodward, Esq., and Theodore and Karen Wasserman were present as witnesses. The Respondents were also present. John Rogers was present. He disclosed that, while he is a licensed attorney in another state, he was not acting in the capacity of an attorney for this Hearing, but as an Agent for the Respondent. He also stated he is the former owner of the property who sold it to the Respondents. Violation(s): Ordinance 04-41, Sec. 10.02.06(B)(1)(a)and (d), and Code of Laws Sec. 22, Article II, 103.1.3.5 Construction with permit Address of violation: 200 Tahiti Circle,Naples, Florida The Investigator stated the violation was of a legal non-conforming boathouse that was torn down and rebuilt without permits. The Investigator further stated the rebuilt boathouse was expanded in size and the roof was higher than the previous boathouse. Rocky Schofield stated that a legal, non-conforming structure may be rebuilt in the exact footprint of the previous structure. Mr. Scholfield introduced the following items on behalf of the County which were marked and accepted into evidence as follows: • Exhibit"A"—copy of old the survey • Exhibit"B"—copy of the new survey • Exhibit"C"—copy of the dock plan, previously submitted to and approved by the DEP • Exhibit"D"—certified survey of Wasserman property (08/09/2001) which shows neighboring docks (the Respondents' property) • Exhibit"E"—certified survey of the new dock Ross Gochenaur, Planning Manager of Department of Zoning and Land Development Review, stated that he was not prepared to address the subject of permitting since all building permits are issued by Building Department. John Rogers requested a standing objection to Mr. Gochenaur's entire testimony contending Ross Schofield had previously testified that this issue was simply a permitting matter. Craig Wasserman, Esq., representing the Wassermans, stated the zoning on set-backs and how the permit was obtained are pertinent to the discussion. He referred to the Findings of Fact entered following the February 2, 2007 Hearing in which the "County advised the Special Master that any and all Code violations related to the boathouse may be • S March 16, 2007 present when the subject property is addressed at the Hearing." He stated that a Continuance was granted because the Respondent said he was not prepared to discuss those issues at that time. Mr. Wasserman continued the Respondent had ample time to prepare to discuss all of the issues at the present Hearing, including the zoning issue. Mr. Gochenaur read a portion of the Land Development Code, Section 9.03.03(B)(2), concerning non-conforming structures into the record. He emphasized the final sentence in that Section which reads, "Any expansion of the facility no matter how insignificant will void legal non-conforming status and will require strict compliance to the Code." Mr. Gochenaur also referred to Section 10.02.06(B)(1)(c)(2) which stated, "A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed or continue with construction, and the County shall have the power to revoke such permit until said error is corrected" Mr. Rogers again objected to Mr. Gochenaur's testimony. He stated a permit had been applied for, and issued,to rebuild the dock slip and the lift and had received a Final Inspection. He further stated this particular Code Section had not been previously checked as a violation. Theodore Wasserman stated when he and his wife purchased the property in 2001 the view o the Mangroves was unobstructed. Construction of the new roof would not only impair his view but also diminish the water access on one side of his dock, thus negatively affecting the value of his property. Karen Wasserman presented several photographs on behalf of the County which were marked and accepted into evidence as follows: • Composite Exhibit"F"—before and after of the roof • Composite Exhibit"G"—views of the Mangroves • Composite Exhibit "H"—dock slip and pilings • Composite Exhibit"I" —dock slip, boat and davits • Composite Exhibit"J" —close-up of the roof Investigator Mucha stated the application for the permit cited "dock and lift,"but did not mention the need to demolish the old boathouse to rebuild it. He introduced a copy of the permit application which was marked as Composite County Exhibit"K" and accepted into evidence. Mr. Rogers questioned the Investigator regarding the citation issued. The Investigator reiterated the citation has been issued for starting the roof without a permit, charging "Work done on roof of boathouse prior to issuance of permit; permit is still in apply status pending review and may not be approved. If permit is not approved, must remove improvements made, including materials, from property and to restore to a permitted state." 8 March 16, 2007 Investigator Mucha stated he had inspected the property on January 10, 2007 to verify that the roof trusses had been removed. RECESS: 1:50 PM RECONVENED: 2:02 PM 10. Case#2006060712—BCC vs. James and Cathy Donovan (Continued) Mr. Rogers stated that Bullard Construction Co. applied for the permit to build the boathouse roof on April 18`h and the permit number was 2006042435. When he checked the County website in July and realized the permit had not been issued, he contacted Bullard Construction to immediately stop all work on the site. The violation was corrected the day the County allowed Bullard Construction to remove it. He stated the Respondents agreed the work on the boathouse roof was started without a permit and pitch of the new roof was too high. They only wish to rebuild the new roof with a lower pitch to comply with County Code. He reiterated the permitted work completed for the dock slip was done within County guidelines,the application had been approved and issued, and a Final Inspection had been completed. Mr. Rogers submitted several documents on behalf of the Respondents which were marked and accepted into evidence as follows: • Exhibit"1"—photograph of dock slip and boat • Exhibit"2"—photograph of unfinished roof • Exhibit"3"—permit tracking and inspection schedule • Exhibit"4"—status of permit and inspection schedule Mr. Rogers stated two permits were applied for concerning this property. The first permit was to rebuild the dock slip and install the lift. That permit was issued,the work was completed, and the County approved it via the Final Inspection. He stated the second permit should be the only issue considered by the Special Master since the Notice of Violation cited starting work without an issued permit, and there was never any other Citation issued. The Special Master asked if the Respondents should have been served a Notice of Violation after the February 2, 2007 Hearing if the County had determined the permit issued to rebuild the dock slip was issued in error. The Special Master stated that the intention of her Order was for all of the issues raised at the last Hearing to be brought to this Hearing. The Order stated, "This matter was continued until further notice. Written notice was to be given to the Office of the Special Master when the parties were ready to proceed." The Special Master stated the parties were given as much time as they needed to compile their documentation and obtain their experts. 9 • March 16, 2007 The Special Master stated that she would not rule on this issue today, but would obtain a verbatim transcript of this Hearing before making her determination. She stated the fee to obtain the transcript would be assessed as part of the Operational Costs. The Special Master asked the participants for their final summaries. County Attorney Jeff Wright summarized: I. A roof was built and removed from the structure without a permit; 2. The footprint of the dock,or size of the slip, has changed; 3. The structure was modified and a Stop Work Order was issued regarding the modification. 4. The "before"and "after" surveys indicate that the new boathouse was not a change of the existing structure, but a full replacement; 5. The permit was processed based on incomplete information which may have suggested "change" instead of"replacement"; 6. The County's views the prior legal, non-conforming status as void, and 7. The Respondents were in violation of Codes with respect to the building of the roof and the demolition of the roof without proper permits. Mr. Woodward summarized: 1. The set-back from the Respondents' old dock to the Wasserman's dock was four feet; 2. To retain the legal, non-conforming use status, the new dock slip and boathouse roof had to retain the exact dimensions of the prior structure; 3. The new structure now allows for a wider boathouse, with higher pilings, a larger slip and new lift, to allow for the storage of a larger boat; 4. The Code has been violated because the Respondents have built a totally new structure while still trying to maintain the old set-back, thus achieving the added benefit of"grandfathering"the new structure. Mr. Rogers summarized: 1. The issue was still a permitting issue; 2. The only Citation that was issued noticed the violation of constructing the roof without a permit; 3. No County employees from the Permitting Department have stated the permit was received in error, or that the permit was based on fraud, or that the issuance of the permit was a mistake; 4. the Respondents will re-apply for a permit to construct a new roof that will not impede the view of the Wassermans. Code Enforcement Supervisor Dennis Mitchell summarized: 1. The County cited the Respondents for constructing the roof without a permit; 2. The roof does not exist now; 3. As the investigation proceeded, other violations were discovered, i.e., the roof was removed without a permit; 4. There are issues beyond the roof to be addressed; io March 16, 2007 5. The County determined that the original violation cited has been abated; 6. The County Attorney stated at the beginning of this hearing that the subject of the hearing was simply a permit issue, and 7. It is within the jurisdiction of the Special Master to deny the issuance of other permits until all of the other matters are investigated. The Special Master concluded the Hearing. RECESS: 3:40 PM RECONVENED: 4:00 PM 5. Case# DAS 11285 through 11286—BCC vs. Matthew Hubbard The Hearing was requested by the Respondent who was not present. Department of Animal Services Officer Peter Hinkley was present. Violation(s): Ordinances 14-36, Sec. A(2)and 14-34, Sec. A(4) Dog running at large; failure to affix license The Officer stated this was a repeat offense and the Notice had been served via certified mail. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the violations alleged in Citations#11285 and#11286, and was ordered to pay a civil fine of$200.00 together with a $7.00 DAS fee for Citation #11285 since it is a repeat violation and to pay a civil fine of$100.00 together with a $7.00 DAS fee for Citation #11286 on or before April 16, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of$50.00 incurred by Code Enforcement during the prosecution of this case on or before April 16, 2007. Total Fine: $364.00 6. Case#DAS 11287 through 11290—BCC vs. Natalie Myers The Hearing was requested by the Respondent who was not present. Department of Animal Services Officer Peter Hinkley was present. Violation(s): Ordinance 14-36, Sec. A(2) and Sec. A(4) Dog running at large; defecation creating a public nuisance The Officer stated the Notice had been served via certified mail. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the violations alleged in Citations#11287, #11288, #11289 and#11290, and was ordered to pay a civil fine of$100.00 together with a $7.00 DAS fee for each of the four Citations on or before April 16, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. It 4078 OR: 4281 PG:281 PG. 0528 RICOODID in OFFICIAL 1E0188 of COLLIII COOITI, FL 01/13/2001 at 08:2110 DIIGKT I. YOGI, CLIII lid n8 52.50 COLLIER COUNTY CODE ENFORCEMENT fete: SPECIAL MAGISTRATE CODI IIFO1CI18R 2800 1 101118101 DI Case No. : 2006-060712 IAWL88 FL 34114 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JAMES DONOVAN and CATHY DONOVAN, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 16, 2007, and the Special Magistrate, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent(s), James Donovan and Cathy Donovan, are the owner(s) of the subject property. 2. Respondent(s) were notified of the violation and of the date of the public hearing by regular U.S. mail, by certified mail and by posting and pursuant to the Order of Continuance entered on February 2, 2007. 3. The Special Magistrate has jurisdiction of this matter and the Respondent(s), James Donovan and Cathy Donovan were properly and duly notified of the public hearing. James Donovan was present at the hearing and testified that he was present on behalf of himself and his wife, Cathy Donovan. Mr. Donovan was assisted at the hearing by John Rogers, former owner of the property, as his agent. 4. This matter was originally convened before the Special Magistrate on February 2, 2007, at which time the Respondent(s)objected to the hearing proceeding with any issue other than the status of the roof of the boathouse by the following statement from Respondents' agent, John Rogers: "We agree we can be cited for all of these things at any time — we are just not today." Mr. Rogers further represented to the Magistrate that it would be necessary for the Respondent(s) to call the marine contractor, the roof contractor, the dock builder and the architect as additional witnesses. ® • OR: 4281 PG: 0529 5. The case was continued by Stipulation of the parties until March 16, 2007, in order to give the Respondent(s) the opportunity to prepare to respond to all violations alleged by the County to have occurred on the subject property, and the Respondent(s) were put on notice that all issues in relation to the construction of the dock, pilings, boathouse and roof of the boathouse would be heard at the subsequent hearing. Respondent(s) were on actual notice that the violations of the Land Development Code regarding non-conforming use that were alleged by the County to have been committed by the Respondent(s) would be heard at a subsequent hearing. 6. The subject real property located at 200 Tahiti Circle,Naples, Florida, Folio#5239116005 is alleged to be in violation of Collier County Ordinance 2004-41, Sections 10.02.06 (B)(I)(a), 10.02.06 (B)(I)(e), Collier County Code of Laws and Ordinances, Section 22, Article II, Subsection 104.1.3.5 and the Land Development Code Section 9.03.03(B)(2) in the following particulars: A legal non-conforming boathouse was torn down and rebuilt without the proper permits and alterations to the existing dock, pilings and boathouse were made in contravention of County ordinances, which activated that portion of the Land Development Code which governs legal non-conforming uses. 7. Testimony was given by John Rogers that a Certificate of Occupancy for the dock was issued on June 6,2006. 8. Upon complaint by neighboring property owners, Theodore and Karen Wasserman, that the boathouse was too large and too high, Collier County Code Enforcement Inspector, Joe Mucha, inspected the subject property on June 20, 2006. 9. Upon investigation, Investigator Mucha observed that a "stop-work order" had been issued at the site by building inspector, Gary Harrison, for work being done without a permit and for altering the boathouse beyond its original footprint. 10. Testimony was given by Rocky Scofield, as an expert in the field of marine construction, that the original boathouse was a legal non-conforming use prior to any construction, which status requires that all construction on the site must be of the same dimensions as the original dock and boathouse or the legal non-conforming use will be lost. 11. Testimony was given by Ross Gochenaur, Planning Manager for Zoning and Community Development Review for the Collier County Community Development and Environmental Services Department at the County, that all construction at the site of a legal non-conforming use must remain within the original building "envelope" in order to maintain the legal non- conforming use, and that any building permits issued which would allow construction exceeding the limitations of the original footprint or any certificates of occupancy or completion issued subsequently as a result of such construction were issued in error and may be revoked by the County upon the discovery of the violations in order to achieve compliance. 2 OR: 4281 PG: 0530 12. The construction of the dock and the construction of the boathouse structure were done separately, with permits for the dock being applied for with the Department of Environmental Protection and Collier County prior to the construction of the boathouse structure with a roof. 13. The construction of the dock, pilings and boat lift were done pursuant to a permit which was issued without the attachment of a survey showing the original footprint of the structure and without any reference to the impending replacement of the prior boathouse. 14. The undisputed evidence presented by both parties is that the boat slip is wider than the original, the lifts are placed directly on the pilings rather than attached to the roof as the original lift was placed, and the roof as built, without a permit, has a different pitch and peak than the original roof. 15. The roof has since been removed, the prior permit has expired and the Respondent(s) are currently in an "apply"status. 16. Testimony from the County's witnesses acknowledged that the application for the dock and pilings was permitted and a certificate of occupancy was issued, but allege that the permits and C.O. was issued in error based in incorrect or insufficient information. Both parties acknowledge that no survey of the original dock's"footprint"was submitted with the application for alterations of the dock and pilings. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent(s) is/are found guilty of a violation of Collier County Ordinance 2004-41, Sections 10.02.06 (B)(1)(a), 10.02.06 (B)(1)(e), Collier County Code of Laws and Ordinances, Section 22, Article H, Subsection 104.1.3.5 and the Land Development Code Section 9.03.03(B)(2). B. The Collier County Land Development Code clearly states that any expansion or alteration beyond the original footprint of a structure which is defined as a legal non-conforming use, "no matter how insignificant", will void the legal non-conforming status and will require strict compliance with the current requirements of the Code. C. Respondent's agent, John Rogers, argues that the dock, pilings and lift were permitted, construction completed and a certificate of occupancy issued, making those portions of the structure independent of the roof. He further argues that each portion of the construction requires different contractors and different applications and therefore the violations that occurred in relation to all other parts of the structure, other than the roof, cannot be considered by the Special Magistrate at this time. 3 ® OR: 4281 PG: 0531 D. A boathouse is defined by the Collier County Code as a building or structure for the storage of a boat. The elements that make up the entire structure are interrelated and must operate in conjunction with each other in order for the structure to serve its purpose. E. The expansion of the width of the boat slip,the removal of the lift and replacement with a new lift, the replacement of the pilings to provide for the storage of larger vessels and the construction of a roof with an altered pitch and peak are all alterations which do not conform with the original footprint, making the legal non-conforming status of the structure void. The original lift was attached to the roof, making it impossible to remove the old lift, replacing it with a new lift which is attached to the pilings, without effecting an alteration which inexorably creates an interrelationship between the different elements of the structure. F. The fact that the permits and a Certificate of Completion by the County for the dock, pilings and lift were issued in error by the County does not confer any rights or privileges to the applicant which would allow violations of the Collier County Land Development Code to stand. "The issuance of a building permit will not estopp the government authority from enforcing its ordinances and revoking a permit which has been obtained in violation of its ordinance." Town of Lauderdale-by-the-Sea v. Meretsky, 773 So.2d 1245 (Fla. 4`h DCA 2000). Further, the Court in Town of Lauderdale-by-the-Sea concluded as follows: It thus appears that whether through mistake on the $h part of the parties or through misrepresentation by the Meretskys, which the Town suggests, the Town Commission authorized an act contrary to its own ordinances and, therefore, its approval was ultra vires and void." Id. at 1249. G. Respondents' agent has raised an issue regarding whether Respondent(s) were given proper notice of the Code sections that were alleged to have been violated. These objections were argued before the Special Magistrate at the original hearing on February 2, 2007, but became moot upon the continuation of the original hearing when notice was given to Respondent(s) regarding those provisions of the Land Development Code they were alleged to have violated. Further, the Repondent(s) were on constructive notice of the contents of the applicable ordinances of Collier County and are presumed to have constructive knowledge of the nature and extent of the powers of governmental agents who issue permits. Town of Lauderdale- by-the-Sea v. Meretsky, id. at 1249. H. The original application for alteration to the dock, boat slip, boathouse and pilings was entered by an administrative employee of the County who was without authority to alter a legal non-conforming use beyond the "footprint"of the original dock and boathouse. ".....it would be inconceivable that public officials could issue a permit, either inadvertently, through error or intentionally, by design, which would sanction a violation of an ordinance adopted by the legislative branch of the government. Only the duly constituted members of the Metropolitan Dade County Commission enjoy that prerogative and then only in accordance with established procedure. - Dade County v. Gayer, 388 So.2d 1292 (Fla. 3d DCA 1980). 4 • I OR: 4281 PG: 0532 IT IS THEREFORE ORDERED AND ADJUDGED: I• Respondent(s) shall abate the violation by obtaining all required permits, and removing all new construction on the site of and relating to the original dock, pilings, boat lift and boathouse, which construction is an expansion or alteration of the original structure, and returning the structure to its original state prior to the issuance of any permits for changes to the dock, boat lift, boathouse and pilings, on or before October 31, 2007, or a fine of$150.00 per day shall begin to accrue for each day the violations continue until compliance with this Order is confirmed. I1. Respondent(s) shall pay the Operational Costs incurred in the prosecution of this case within thirty (30)days of written notification to Respondent(s)of the amount due. III. Respondent(s)shall notify the Code Enforcement Investigator,Joe Mucha, within 24 hours of abatement or compliance with this Order so that a final inspection may be performed to confirm compliance. State a _ $ • IV. No additional • kind shall be issued for the subject property until the :ounty Z�' ;' y is brought into compli: •nformance has been confirmed. HEREBY CERTIFY.' eED this 3 TI day of ,2007 at Naples,Florida. ccrrect copy of a-oocument on1fPa In board Minutes and Reocros of Corner Conn* COLLIER COUNTY CODE ENFORCEMENT S my-ha a.pncl o ici81 seal thif rwday —� SPECIAL MAGISTRATE ')WIGHT E. BROGK, CL.E K OF COURT$ elij 14 av 4Lapço.c, ._�. : NDA C.GA ' ' i N PAYMNIT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104, fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3)months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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. 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' .,,-; i - ".,-,,,,. . . . , t ,, - • N 1 J r,• 44 4 t* , . w., ,� - —l mss,N. •.1r# if.rml., ' it 3 it _ r ` • k_• \\.‹-N\ \,..):,..Nss,. 1 yr A I 0 ". .,,,, WWII --- -.-------;,-- _.. , ,, .... ._.,-„, _. . . . , ... iliii ! . -... , f i 1 . 5 - , ... _ _ , .-- . or „,..1 _ , , . .--:''''.."4'.1-4t ,, r-�d :.:fi a �. O c \ ,p N . -- .,o ON -6.1- T. '1 — •O ar • if 1 1' V 9 n UT -IS 0 ) c> -C nP ` R -- Q r% ‘\ • 7 ,,. 0 ;c:r_ s fi .� o Ti_.- cc,,, -, ...„-t, (b-N i_ _ _ _ , , ...---j — - , ±, r:„...e."‘ O C I \. 9-, (i W O 0.) .p 1 w I I, ,I I 9- A cN _ _ _ _ ' r 0 - - 1,w fi I w C k e� o til I (--) ______ -.2‹,..,....s, 8 °', o �. ` ` 1 �` FT' �.o Z '\Z o A p :' COLLIER CUUN TY J JM1t L60 1 4i(WI11'Nu. t L f I 1 J-I G`'�) CUVERNMENT APPLICATION FOR BUILDING PERMIT I , COLLIER COUNTY,FLORID• 941-403-2400 r Property I.D.:3 3q 11(n00oS Application Date:I 1 / ppruved Date: / / CS • �`ak. ALRF Aluminum Roof Over , FNCE Fence SCWR Screen ' .., ' oodRoof AWN@ Awnings-Residential GDWD Sliding Glass Doors/Windows SDNG Siding/Vinyl/Alurninum/Wood CHKE Chickee-S/F INPT Residential Interior Partition SEWL Seawall/Rip-rap/New/Repairs-Eng. Req. CLST Combustible Liquid Storage Tank IRRG Lawn Sprinkler System SHED S/F Storage Shed _CRPT Carport/Wood/Aluminum/CBS LPOP Propane Gas Piping ONLY SURF Shingle/Composite Roofing DECK Wood Deck LPG'f Propane Gas Tank System SHTC Shutters-Commercial DEMO Demolition LVTG Low Voltage SHTR Shutters-Residential DOCK Dock&Davits MNEL Minor Electrical Work SLAB Concrete Slab EXHD Exhaust Hood System PLAL Plumbing Repairs/Alterations SLRH Solar Heating System EXWL Exterior Wall Alteration PLNC Pilings-Commercial STDII Satelile Dish Installation FALR Fire Alarm System PLNG Pilings-Residential _SWAT Sewer Tap FPMP Fire Pump System 'POOL S/F Swimming Pool/Spa TENT Tent Errection FRPF Fireproofing PRMV Pre-moving Inspection TLRF Tile Roofing FRWL Fire Barrier Wall REAC A/C Replacement TPOL Electrical Service FSPK Fire Sprinkler System REFR Refrigeration UGFS U/G Pvt Fire Service/Wtr Main FSPS Fire Standpipe System SCCG Screen Enclosure/Screen Roo BCOT Conunercial Other FSUP Fire Suppression System SCPR Screen Room/Pan Roof BROT Residential Other RESIDENTIAL-USE/OCC CODE -NON-RESIDENTIAL-USE/OCC CODE 998-Express Residential Other 999-Express Non-Residential Other Specify: Specify: 328-Other Residential Buildings 528-Other Non-Residential Buildings Shed/Carport I &2 Family . Cooler/Freezer/Shed Sq/Ft • Specify: 329-Structures other than buildings:Fence/Dock/Seawall/Pool- 529-Structures other than Buildings Ext Barrier • Pence Screen/Int.Barrier Alarm Fence Cover Fence/Dish/Seawall/ ank/Tower/ Sq/Ft `'t�Q By: Roof Structure CO pecify: )cC.4--u F--r Specif': t• L[) c Applicant: -UE.. • w- OC ., CONSTRUCTION ADDRESS: .Alrf e _ Ri L -^ Address:._ t, t_••' t 110k-VD N* cLS y1 k City: r 1,1_,..1,l'' ►� -• State: Zip:. 4t4 Subdivlsionf ir5 f S o F CcNc:12.4 r� Job Representative: ` v l'•i...)( ALlY\c Seetion:3� Township: 51 Range:v`-.(a Phone Number:0ba 1 OQ Block: LoUParcciVOa4-1(13 Unit: Tract: Contracted Value of Canal-merlon/Improvement$ ,D CO Wind Borne Debris Zone _MPH Property Owner of ecord: ry _ A E_ I I Address:c Q J TA�-1TI C� Zoning: T.A.Z. 14/3 Pa City: �S State: F-L...J. Zip: 3k1\3 Phone Number: 31 ( _(. 1_ ______ Setbacks-Front Rear L.Side R.Side XI 99 Notice of Commencement _129 Seawall/Engr.Cart. 5 Electric Rough REVIEWED FOR CODE 00 Footings _133 Monolithic Slab 502 Final Electrical COMPLIANCE COUNTY DEPTS. _101 Pile Caps _134 Final Roofing 50 ice Change tli I ale Fc ___102 Grade Beam _200 Plumbing Rough _./506 Underground Elect. Zoning/Building /IRA.? $f`� .t7t _103 Slab 201 Tubset _508 Rough Low Voltage _ _104 Tie Beam , 203 Sewer Tap _509 Final Low Votlage Electric s S6 _107 Sheathing Metal Fascia 204 Final Plumbing 618 Final Fire Engineering —tL 'c S c9--- _108 framing 205 Irrigation _619 Pollution Control 110 Tie Down _300 Mechanical Rough A/C 700 Pool Steel&Ground Fire Plan Review $ I l l l Roofing in Progress 301 Final Mechanical _701 Final Pool Fire Inspection $ )4.115 Final Building _400 Rough Oas 702 Pool Deck Data Conversion S 3.00 ___J22 Spot Survey- 10 Days _401 Final Gas _800 Right-of-Way BCAI $ __403 U/G Gas Piping _801 Site Drainage TOTAL PERMIT FEE S� S%d?) WARNING-WORK IN COUNTY RIGHT-OF-WAY This permit does not authorize construction or installation of any structure or utility,above or below ground,within any right-of-way or easetnent reserved for access,drainage or utility purposes. This restriction specifically prohibits fencing,sprinkler systems,landscaping other than sod, signs,water,sewer,cable and drainage work therein. If such improvements are necessary,a separate permit for that purpose must be obtained from Transportation/ROW Permits dt inspections;239)659-5767 - • OWNER-BUILDER DISCLOSURE STATEMENT - (Disregard If Applicant Is not an Owner-Builder) Slate Law and Collier County Ordinance requires construction to be done by licensed contractors. If you are applying for a permit under an catnip- . tion to that law,the exemption allows you,as the owner of the property,to act as your own contractor even though you do not have a license. You must supervise the construction yourself.You may build or improve a one-family or two-family residence or a farm building.The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within two(2)years after the Certificate of Occupancy has been Issued,the law will presume that you built It for sale or lease,which Is a violation of this exception. More- over,an owner,builder applying for,or receiving more than one(1)building permit for the construction of a one-family or two-family dwelling In any two year period shall be prima facie evidence of building/contracting without a license which Is a violation of the Collier County Code. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Any person working on your building,who is not licensed must work under your sunervision and must he employed by you.which means Ihat you must deduct F.1.C.A.and withholding tax and provide workers'compensation for that employee,all as prescribed by law. Your construction must comply with all applicable laws,ordinances,building codes,and zoning regulations. • . : , a•d •i • i can I 1 : it h r ma e _ ,■ t I o a,'Ilea . fill ,i r s u: . , i i - c . , , h , , s _ ,, r • u r ii P . P , ' , er,r t 1 n la u Itate agencies.or federal agencies. ApplicantsName/Company `kl...LjE S pt1t-1-* Otx,*--- Certlftcateq c O 4 O Slate Registration No.(If Contractor)__ Social Se nil No (1 owner-builder) ` Addressf l-A � al 'es... , - .,._ale '. Zip 1-4,‘A-t' _Phone ThAri-L1 IO( Applicant's VionaJure must be notarized/w /�/ Date_\ 1 - State of Florida,Coun y of oilier/1 ��rr�� r This building permit application was subscribed before one this v�-1, day of 1J v\/ ,20 OS by>t )2 (YNQ LJll-MIS LL- ,who Is personally known to Inc or produced as i entitication,and who stated upon oath or affirmation(circle one)that he/she has read this building permit application,that the Information and statements In tigatzulklise.ansaitataplisasieesswrorue to the best of his/her knowled nd that the work to be clone Is authorized by the owner. BONNIE H.RIDDLE I ^;�.. Caroni 0003lua COUNTY EXHIBIT `-� 0-, a3 -0 )-J H . ` Sanded � Ce sITE " K" roia:y Public VeOff% ',,,,,,,,.a Plaids Notary Man.,Inc ...«..««..»�N�NN..NN..,COUNTY EXHIBIT ‘, \-k-- (SEAL ABOVE) K-010414060 7/j.. printed,typed,or stamped .PAGE OF PERMIT NUMBER: • APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA , APPLICANT'S SIGNATURE AND OATH Olt AFFIRMATION The approved permit and/or permit application el If not commenced within six(6)months for the date of issuance. The permit or application fee will be four times the amount of the permit'fee,if work is started without an approved permit. The permittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is issued. By signing this permit application,I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which I am listed. Furthermore,it is my responsibility to notify the Customer Service section of the Building Review and Permitting Department should I no longer be the contractor responsible for providing said contracting services. I further agree that I understand that the review and issuing of • this permit does not exempt me from complying with all County Codes and Ordinances. It is further understood that the property owner/permittee is the owner of the permit. THE LAND SUBJECT TO THIS PERMIITNMAY BE OSUBJECTS O$DEED,AND OTHER RESTRICTIONS IONS THAT MAY LIMIT OR IMPAIR THE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUTNY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISE TO THE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHA,L.F OF THE LANDOWNER IS CAUTIONED TO SEE PROFESSIONAL ADVICE. ` WARNING ON WORK IN COUNTY RIGHT-OF-WAX This permit does not authorize construction or installation of any structure or utility,above or below ground,within any right-of-way or easement reserved for access,drainage or utility purposes. This restriction specifically prohibits fencing,sprinkler systems, landscaping other than mod, signs,water,sewer,cable and drainage work therein. If such improvements are necessary a separate permit for that purpose must be obtained from Transportation.Services OTl E: lit addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental entitles such as water management district, state agencies, or federal agencies. W General Contractor's Name: �-Lt��-dZ �,�(�wL +� Certificate e# State Registration No.(if contractor) Social Security No.(if owner/builder) Address&11 C t 11Q City s Stat -t Zi. 3`1/41•\s Phone ►) 3sct Lk1OC� Qualifier's Signature (must be notarized) Date • State of Florida, County of U _j`,\ _ • This building permit application was subscribed,before me this day of PO V , 2005 BY \ Get Lry ; , who is personally..known to me or produced as identification, and who stated upon oath or affirmation(circle one) that he/she has read this building permit application, that the information and statements in this building permit application are true to the best of his/her knowledge and that the work to be done is authorized by the owner. BONNIE H.RIDDLE Comma rOComma ' Notary Public 1 1/20/24011 A°�' wesamesessauseseeme'wawa printed, typed or stamped • • Electrical Contractor's Name: \I�S �l v`N-z,x,3oC i-Q Certificate# 1 State Registration No.(if contractor) • Social Security No.(if owner/builder). Address% ' K �G'-1`-t • tY a'v.atatb`� Zi• hone ( sa s-sq55 Qualifier's Signature (must be notarized)` J 'Date . State of Florida, County of Q�J\ � Low Voltage Work Yes No This buil.'ng .ermit application was subscribed before me this day of , 20 Cl B . `'tl► , who is personally known to me or produced as iden ification,and who stated upon oath or affirmation (circle one) that he/she has read this building permit application, that the information and statements in this building permit application arc true to the best of his/her knowledge and that the work to be done is authorized by the owner. CM BONNIE H.RIDDLE~N•N,COUNTY EXHIBIT "+L Comae0O0' 's Cos /Ts "K• Notary (1 0, ..+/20/21309 (SEAL Sanded eau(900)42.42' ,,, Florid.Notary ASIA,In COUNTY EXHIBIT t131) ' K -aoo4,6o7i > printed, typed, or stamped �� Department of �- -' Environmental Protection ; South District Jeb Bush P.O. Box 2549 Colleen M.Castille Governor Fort Myers, Florida 33902-2549 Secretary November 15, 2005 Mr. James Donovan c/o Collier Seawall and Dock 217 N. Collier Blvd#103 Marco Island, FL.34145 Re: Collier County -ERP File No. 11-0255207-001 Dear Mr. Donovan: Thank you for your application to extend and existing dock and replace a boathouse on a canal in Rookery Bay, Section 32,Township 51 South, Range 26 East, Collier County. This type of activity may require authorization for construction and operation of the project (regulatory authorization), unless I otherwise exempt by statute or rule, authorization to use state-owned submerged lands (proprietary authorization), and federal authorization for works in waters of the United States through the State Programmatic General Permit (SPGP)program. Your request has been reviewed for all three authonzations. The authorizations you have been granted are listed below. Please read each section carefully. Your project MAY NOT have qualified for all three authorizations. If your project did not qualify for one or more of the authorizations, then that specific section will advise you how to obtain it. You may NOT commence your project without all three authorizations. If you change the project from what you submitted,the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. REGULATORY REVIEW - APPROVED Based on the information you sent to us, we have determined that your project is exempt from the need for an Environmental Resource Permit (ERP). You must comply with the criteria and limiting conditions in accordance with Section 40E-4.051(3)(c), Florida Administrative Code. PROPRIETARY REVIEW—APPROVED The Department of Environmental Protection has reviewed the location of the proposed project as described in the above referenced application and has determined that the project, as described, does not involve the use of sovereign submerged lands. Accordingly,no further authorization will be required from the Submerged Lands and Environmental Resources Program, designated agent to the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Chapter 253.77, F.S. CQQUNTY,EXHIBIT 4 "More Protection, Less Process" C`D SlT� Punted on recycled paper. COUNTY EXHIBIT � D d"/ Y SPGP(FEDERAL) REVIEW - APPROVED WITH MANATEE CONDITIONS Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). Your proposed activity as outlined on the attached drawings is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, if attached. No further permitting for this activity is required by the Corps. The authority granted under this SPGP expires December 17, 2005. Your project must be completed prior to this expiration date. This authorization is conditioned upon acceptance of and compliance with the attached General Conditions for Federal Authorizations and Manatee Construction Conditions. In the event of the transfer of ownership of the property by sale or by any other means, when the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitation, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, the attached transfer of permit request must be completed and submitted to the Department at the time of transfer of ownership. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled"Coordination Agreement Between the U.S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act." This notice constitutes final agency action and is subject to the provisions of Chapter 120,F.S. Chapter 120,F.S. does not apply to the SPGP review. If you have any questions,please contact Arielle Poulos at the letterhead address, by telephone at (239) 332-6975 extension 184 or by email at Arielle.Poulos @dep.state.fl.us. When referring to this project, please reference the file number listed above. Sincerely, r. • L , Arielle Poulos Environmental Specialist I Submerged Lands and Environmental Resource Program ap Enclosures: Rights of Affected Parties Notice of Determination of Exemption State Lands General Consent Conditions USACOE General Conditions and Transfer Standard Manatee Construction Conditions COUNTY EXHIBIT COUNTY EXHIBIT /hftSsTE K 4 K —0?oo6obv) If RIGHTS OF AFFECTED PARTIES To: Mr.James Donovan Date:November 15,2005 File No. 11-0255207-001 This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Section 40E- 4.051(3)(c),Florida Administrative Code. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed,this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore,on the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the Statutes and Rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,any substantial modifications in your plans should be submitted to the Department for review,as changes may result in a permit being required. In any event,this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application,the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Section 40E-4.05I(3)(c),Florida Administrative Code. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However,in the event that an administrative hearing is held and the Department's determination is reversed,proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing,you may elect to publish,at your own expense,the enclosed notice(Attachment A--Form NOR-F15 --for newspaper publication)in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the time within which any specific person(s)may request an administrative hearing,you may provide such person(s),by certified mail,a copy of this determination,including Attachment A(NOR-F15). For the purposes of publication,a newspaper of general circulation means a newspaper meeting the requirements of Section 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice,within seven days of publication,you must provide to the following address proof of publication issued by the newspaper as provided in Section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above,you must provide to the following address a copy of the direct written notice. Department of Environmental Protection South District Office P.O.Box 2549 Fort Myers,FL 33902-2549 COUNTY EXHIBIT COUNTY EXHIBIT r✓Arvsir-t * K—aaoboloa 7/3- STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the extension of a single-family dock and replacement of a boathouse in Section 32,Township 51 South,Range 26 East,Collier County has been determined to be exempt from requirements to obtain an Environmental Resource Permit. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed(received by the clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Mediation is not available. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code. In accordance with Rule 62-110.106(3),petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice,whichever occurs first. Under Rule 62-110.106(4)of the Florida Administrative Code,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect,the Department may also grant the requested extension of time. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right. A petition that disputes the material acts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name, address and telephone number of the petitioner;the name,address and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific Rules or Statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301. Under Sections I20.569(2)(c)and(d)of the Florida Statutes,a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,Monday through Friday,at Department of Environmental Protection,South District Office,P.O.Box 2549,Fort Myers,FL 33902-2549. COUNTY EXHIBIT COUNTY EXHIBIT deVhee.'nrE 4k y k'aookoio7i GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III-RI 1. The time limit for completing the work authorized ends on December 17,2005. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit,you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit,you must obtain the signature and mailing address of the new owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further information: 1. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal,State or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification,suspension,or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false,incomplete,or inaccurate (see 3 above). COUNTY EXHIBIT COUNTY EXHIBIT damp "k` K-also 606o7/ • c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office,and if you fail to comply with such directive,this office may in certain situations(such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise and bill you for the cost. When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below and mail to theDepartment of Environmental Protection,South District Office,P.O.Box 2549,Fort Myers,FL 33902-2549. (TRANSFEREE-SIGNATURE) (DATE) (NAME-PRINTED) (ADDRESS) E IBIT COUNTY EXHIBIT• CQU o ?Oc�o o V�- STANDARD MANATEE CONSTRUCTION CONDITIONS The permittee shall comply with the following manatee protection construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatees. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. c. Siltation barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idle speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition. f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) for South Florida. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least three feet by four feet which reads "Caution:Manatee Area" shall be posted in a location prominently visible to water related construction crews. A second sign shall be posted if vessels are associated with the construction and shall be placed visible to the vessel operator. The second sign shall be at least 8 1/2 inches by 11 inches and read: Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC (1-888-404-3922). The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1- 904-232-2580)for North Florida or in Vero Beach (1-561-562-3909)for South Florida. Specific information on obtaining these signs may be obtained by contacting the Department or FWC at (850) 922-4330. Cq LINTY EXHIBIT CQUNTY EXHIBIT C'o � "K y +'�-aoobobo 71.' m >'� O0 .rV1 1 1 i J `, ` ' wawUF � .. 0 d -3 2 1 1 b./ 1 ' a ` y a 1 a o v1 \5' o C �o 0 • 1 0 1 �� a` 1 P. Fd • ■ J I ^ c..) :F._ u I 2 • b o` 1 U k ` 1 v ! ° U vii E -sue, o c 0 3 la ` 0 '` u O 3 a O o 0 c° 1 4 ti W 1 cL cnfy , i 0.1 1 1 [T� 1 1 I �9 I N �' M o 0 0 �: _�, e,..i , ., :_i ,._ U O y col o t O Z U o s . 1 co © °?c 0 O N — -.o E.0 4- v — m O L. M o � L. c* a v� ' 0 +�[ `r y — j U = in M co U 7 y r W c z •m O.. = _ • o 1 y a c 0 c Q El = j c O I ° E — > 3 ) x 6 A In U Esc _ A- � `- v ao O H 1_ L c� c V' 3 v ^ O 00 61 I z °- '^ ca m el z. t Xo h g H U 6 6 y N = O l- • O U d "_ Q. U 6 0 > E -J N 3 m LB) u E o 6 s o o o 0 h �' -3 to cC t c Gt_, O \I V C O N C ._ _ a�i _u c0 C-2 0 `N cc u E � C O O y N . a0 E O v) y 0 u go *%. — ..o O y V C in O ) •. O PP . L. ' - 1 • -- Nin V - • cn 4) c• \ U-4) ge ‘9 el 1r E9 I 4, , r-- ,■ - 4' tr)-ii + . g x° 01 Or el (.1 , v.) ir Z9 e1l .) Co -c-) ■ CN... 4 ... 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'- ,-- I— Co) • 1.%0 CI) , as ck. , oft r■', t VJ 0 01 17. -T9 ' v—' til 9 ,:t. ,. .. ." ; N . 96 , M .. , , _ , "3 z ID", 5 - < '.. , C71` a) , mt ' ,-- va, 5 in m■ .1- .3 e < h , a- ., ,... ,, tri ct .- Tr ‘t V' •• a- ^ ',- ,CN1 c'si c4 '- , _ , , DL t \„„,„. 76. , 70 75 OIL / ra . - • v. ..d. . • , eN:i rt • -- ii. se , 10 ' OD I' I. 0)- o 'It ' ' I 0 ,,E. Nr .- • -,, , .,•• 1- ''' „, ' , ,5, i 102.1° ° eOl • C5 COUNTY EXHIBIT COUNTY EXHIBIT rhtpOsi7-t "k' K- 6 obo 7/ v Notice of Commencement • *** 3738059 OR: 3934 PG: 2728 *>C RECORDED iA OFPICIAL RECORDS of COLLIER COMITY, FL I herewith give notice In Section 713.13 Florida Statutes that 11/22/2005 at 04:Z9PN DPIGflf s ►J � E. 8ROC CBRE improvements,de-Ma as MLA L.1 P--1- 4 5 O RC 10.00 will be commenced within 30 days after recording of this notice COPIES 1.00 upon the real pr.•erty situated at the following • MISC 1.50 address- ►• • t • %urRk.., 4 Mtn: permit#k .. Mli'_` ■ COLLIER SEAWALL & NCI 217 I COLLIER.BLVD t.eyal description for said property being as follows: MARCO ISLAND PL 34145 C Pr_.► iJo u r s 1lo a.- tfl3 Folio# 5 a3g » to OAS 00 s // 3 y j Owned by Jam(\E5 �\,Oti/440 —SPACE ABOVE FOR RECORDING DATA- -V a i-Pc c%c' S, c 34113 Name and Address of fee simple title holder(if other than owner): _ The firm making sal. ' provements u der direct contract(s)is: Contractor's name: 1, Contractor's address: Z4{f 5s MISI , `tj The name and address of the Surety on the payment bond(s), if any, as provided under Section 713.23 Florida Statutes is: and the amount of such bond is:$ The name and address of the lender is: Copy of Notice to Owner and other documents,as provided in Section 713.13(1)(a)7 and Section 713.13(1)(b)Florida Statutes is also to be sent to: as designated by Owner. • Expiration date of Notice of Co i encement (1 year from data of recording unless spe '• differenti sign, •/ofown-. JAiY*1c-s • u ON/ printed name of owner at ��o'- are c\ CAcz Cc- 3 a x address State of Florida, County of&clog EA?_ Sworn to and subscribed before me this day of■JO%J .,20 b S,,by VN3.L)t l. ,f r03 who is personally known to me or has produced as identification. Signature, Notary Public-State of Florida \ ` BONNIE Pt s S-Sak)1J k4 SLOS1-2_, coma00e0rts7 ` Printed,Typed,or Stamped Name of Notary Bostled in. 2141 •raw a • lI) .ri \lnnn IIHMHlQ PC r\ lug nnn?_17_MNr COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT EMIT 4: 2005113425 PERMIT TYPE: DOCK VALID 4: 425 SSUED: 01-27- APPLIED DATE: 11-28-05 APPROVAL DATE: 01-26-06 ASTER #: 2005113425 COA #: OB ADDRESS: 200 TAHITI CIR OB DESCRIPTION: 490 SO FT DOCK AND LIFT JOB PHONE: (239)389-4700 UBDIVISION #: 961 - Isles of Capri No. 2 BLOCK: LOT: 163 LOOD MAP: 0801 ZONE: AE-11 ELEVATION: OLIO #: 0000052391160005 SECTION-TOWNSHIP-RANGE 32/551/5 26 WNER INFORMATION: CONTRACTOR INFORMATION: ONOVAN, JAMES & CATHY COLLIER SEAWALL & DOCK, LLC 00 TAHITI CIRCLE 217 N. COLLIER BLVD. , #103 APLES, FL 0 34113- MARCO ISLAND, FL 34145- CERTIFICATE #: 26340 PHONE: (239) 642-0790 'CC CODE: 329 - STRUCT 0TH THAN BLDG-POOL/SEAWALL/DOCK/F ONSTRUCTION CODE: 10 / OTHER OB VALUE: 30, 000.00 TOTAL SQFT: 490 TTBACKS FRONT: REAR: LEFT: RIGHT: EWER: SEPTIC WATER: WELL 'ONTACT NAME: BRIAN 'ONTACT PHONE: (239)389-4700 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL 1ND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF IHE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE NFORMATION,CONTACT DEP AT(239)332-6975. n addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in he public records of this county,and there may be additional permits required from other governmental entities such as water nanagement districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. COUNTY EXHIBIT C T UNTY EXHIBIT �� ,�K/it K cob 40 71 Y CDPR2020 ROUTE SHEET Permit Numbero<D05/I3 g,.2 New Plan Master Plan Revision Correction EDC Fast Track II REVIEW ; DATE 1 STATUS I E:AMINER { COMMENTS I j. I- t Structural E In 1H i ,..7---iv---- t iOuti0-Wh/ N/A I I IA ;Plumbing in IH I f Out IN/A I IA ( Mechanical !In I' ,Out 1N/A I IA GasIn IH tOut iN/A Electrical 1 in Al is H tOut L N/A (A Handicap ;in I H — i lout I N/. IFire In - .i S( C I IOut 161615 IA Fire {in j1'I 1Alarm Out IN/A I I A j { I 61 15 Fire in _ EH , I t Sprinkler I out IN/A I i ff 'Engineering I in /� H • t G uiq L'/)- 'J;A X i 4,"m—; I IA—__— I I Utilities I In 1H { i i Out IN/A ( ! } i = .A n/ G �H I{ � , Po c- RECEIVED I'll j Iif ' out N/A Ie I A ; O t t. 1 2 2005 I I ROW (In ! IH j !glut tjr r BUIL,P1 0, MA UMW_ IA i Planning f I I- 1 in E � I nut__ _ I N/A 1 { IArchitectura.l i in /H t C ut I N/A COUNTY EXHIBIT COUNTY EXHIBIT aaipoci£ e 4 K— aoo4cto 7/2/ CDPR2025 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2005113425 CO NBR: 318630 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: June 06, 2006 ADDRESS: 200 TAHITI CIR :UBDIVISION: 961 Isles of Capri No. 2 LOT: 163 BLOCK: T.R.S. : SLUC CODE: 1 UTILITY COMPANY: JOB DESC: 490 SO FT DOCK AND LIFT NUMBER OF METERS: OWNER: DONOVAN, JAMES & CATHY 200 TAHITI CIRCLE NAPLES FL 0 34113- LEGAL DESCRIPTION ISLES OF CAPRI NO 2 LOTS 162 & 163 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. 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I • ' II -- ' ' * 0 tll I 3 2 CV twi .-i eri 1 Fil ------. • a r. . .0 ..... , . . . 07ni Building Review and Permitting Page 1 of 1 Permit Tracking and Inspection Scheduling COLLIER COUNTY BOARD OF COUNTY PERMIT HISTORY REPORT Back PERMIT NBR:2006042435 JOB DESC:REPL ROOF ON BOAT HOUSE COVER STATUS:APPLY JOB LOCATION:200 TAHITI CIR FOLD NUMBER 0000052391160005 SUBDIVISION:961/Isles of Capri No.2 BLOCK: LOT:163 MASTER NBR:2006042435 TRS: UNIT: TRACT:NONE TAZ 168 COA: FLOOD ZONE:AE-11 OWNER NAME:DONOVAN,JAMES*&CATHY JOB PHONE:(239)825-0204 CERT NBR:27393 DOA:BULLARD CONSTRUCTION,INC. JOB VALUE:$4,500.00 CONTACT NAME:ROBERT CONTACT PHONE:(239)825-0204 SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL: Important Dates: (APPLY PROVE =I ICO JJCANCEL a -. 04/18/2006 10/18/2006 Additional Info:SEALED PLANS jSubContractors: I 1NORR STATUS DATE END DATE =LCl ASS I JSubPsmiits: =TYPE =1DBA JJOB DEW 2006042435 APPLY BROT 27393 BULLARD REPL ROOF ON BOAT CONSTRUCTION,INC. HOUSE COVER FEE SCHEDULE: (Inspection History: ,I 1SC�TIOW�Mi,RKB S 4 i DOE _ hNSPEC"ORf� Print a copy of this page. Confect the webmaster for technical questions abort ow web sae. Copyright O 2000-2004 Collier County Oovarn neat All Blights Reserved. Usage is icerreed under the terms of the GNU Public License.My other maps is strictly prohibited. http://apps.colliergov.net/commdev/permits/tracking_insp/AllDetails.cfm?PennitNbr-2006... 2/1/2007 RESPONDENT EXHIBIT at 3 -o2CUlon(�p`I/�/ Building Review and Permitting Page 1 of 1 Permit Tracking and Inspection Scheduling If Rejected, click on link to download letter. You must have the Microsoft Word Plugin to view the letter, see below. This capability is still in development. Please allow at least two(2)working days alter plans have been rejected by Comm.Plan Review Coordinator for the letter to be updated in its Anal form and available on this site or mailed to you.Thank you for your patience. Back 'Plan Review Dates for Permit Number.2006042435 sview Department r`''�" On Dab °Out Dab I ENVIRONMENTAL HEALTH DEPT.REV' PENDING IFEMA PLAN REVIEW II ENDING I 'FINAL PERMIT/CUSTOMER.SERV.REP. UPENDING I IMPACT FEE REVIEW CORDINATOR 'DING I 'UTILITY DEPT.REVIEVWRESIDENTIAL ''PENDING I (PERMITTING TECHNICIAN/BLDG REV OMPLETE 104/19/2006 004/21/2006 1 'PLANNING TECHNICIAN/BLDG REV `-I PENDING ;_r� 7r r Microsoft Word Viewer 97/2000 -Microsoft Word Viewer 97/2000 is free download. knportant: This download is for users who dont have Wbrd>;k allows them to open and view VOW 2000 documents. 3 it Print a copy of this page. Contact the webrnaster for bohnioal questions abort our crab sae. Copyright O 2000-2004 Collar County Government AN Rights Reamed. Usage is licensed under the tames of the GNU Public License.Any other usage is Melly prortibted. http://apps.colliergov.net/commdev/petmitsh racking_insp/DateDet.cfm?PermitNbr--200604... 2/1/2007 RESPONDENT EXHIBIT # 4- doodo6a 7/ 2, Page 1 of 1 Patricia L. Morgan From: Cheryl D. Bishop Sent: Friday, September 21, 2007 11:27 AM To: Minutes and Records Can you send certified copies of all minutes and records on case 2006-060712 Board of County Commissioners Collier County, Florida vs James Donovan and Cathy Donovan This case is going on Appeal Thanks Cheryl Cheryl D. Bishop Civil Specialty Clerk Collier County Clerk of Courts cheryl.bishop @clerk.collier.fl.us '^- (239) 732-2676 ext. 7413 ./�..�'y_ C0 ti"A/1 1 ;9 s e cY')‘)'L / 7 Q-�S G Ue.da,,f1 rL:ao V b h'e'r ; -,\ eS Ovc� TA c c e r; CCD JOE. M,vch a \/,urea-tons 09-)a. a4--ttl ,c, Ip.o2.ol�C�V-)0,-) °� 10,02•tka)C1�6,) Cade of, &tos Sec 22. ) .q;,k;ct e ti, • 104'd. 3 Conskv-ock-,vn w;\-tnoc feSS 9 2OO Ta.lnAZ 9/21/2007