Loading...
Agenda 07/28/2009 Item # 6BJuly 15, 2009 Agenda Item No. 613 July 28, 2009 Page 1 of 7 COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 East Tamiami Trail -Naples, Florida 3411' • (239) 252 -8183 -FAX: (239) 252-4010 John N. Brugger 600 Fifth Avenue South, Suite 207 Naples, FL 34102 Re: Public Petition Request to Discuss Pre-Abatement Agreement for Property at 5513 26"' Avenue SW, Naples, FL Dear Mr. Brugger: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 28, 2009, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Leo E. Ochs, Jr. Deputy County Manager LEO/ib cc: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CD&ES Administrator 07- 14 -'09 13:41 FROM- FORSYTH & BBUGGEA PA 239 -263 -6757 Request to Speak under Public Petition Please print T -312 P00?41�06 F -79 Agen rem No. B July 28, 2009 Page 2 of 7 Name: �OHNi Ni. 160 "CX (qER Address: (POp FirFTH M ENUE S. 'SkAITF, 20-7 NAPLES � FL 3 10z- Phone: Date of the Board Meeting you wish to speak: �`� 2 � " 1 200q Must circle yes or no: Is this subject matter under litigation at this time? Yes No Is this subject matter an ongoing Code Enforcement case? es No Note: If either answer is "yes ", the Board will hear the Item but will have no discussion regarding the Item after It Is presented. Please explain in detail the reason you are requesting to speak (attach additional page 'If necessary): 7;i-16 RFIS o N is TO ASK. TM E &4- 'to WNSi P!� A PRE - aE I" C.onl Si b 9R?aJ0W 0 F- A MI Ni LAA L CAST SETTLEIAEWT OF Tti E 4".t { AS A RE&+L-T of K NGi N& 106 MGPC4 T4 iblro "Mf`LfANc -e W iTH itJ A GPW Fi t<,A AMOUNT CF Ti mr, . _T0f, P?-DDE -TU Ai)bP.FN srS(3 z(o+tL- Ave, 4V, IN4PI -660 F), 3441(* .T+J6 mlzzr* -r FiNG FXC4Ee DS It W. 000 AND G.tiZRF,A11 P�tc`1 ER. Wtt.L MV'r U -05&� ONA PaRX*AASE W l7NOLkT ' AGP_bT&4eMT of 'U„l.T(U*TE LEVI VpoJ "4Tememr. Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): TH I: AC.TU..A L SeTTLF✓ "cm- A 6,KFOAyIJT WOtkub 60 To Bloc. -, FO VOWINEs A1_MTfMfWXr Or-ALL CUR.�t�' T-iNJrC,- i5 3©,Ooo -AtJb t:( yEp WAU. NOT MOSe% 16170011,LT AG>?F, CKT of wLriM�E L "1j Kf'0f J ABAIEMEIUr 4SKitJG bm 'F;m Piz -kP,,ATgmy*9" AGReblvlEt -, CADocuments and Setttngsyane\Local Settings\Temporary Internet Files \Content.lES\60NT4YT9\ Public% 20Petition %20Request° /a20Form %20- %202008 %20new°k20fonn[1l.doc 190 07- 14 —'09 13,42 FROM —FORSM & BRUGGER PA 239 -263 -6757 T -312 PROSIORLRy,792 sew: :LJ iJ i L VA. `telV i ru; 1 /o1 O1 A vpC � / 28 20D� t�UM COEEIIT CODE E@IM i11=1D A tbl O11ICIIIL WORDS Of COLLIER COW, !L 'Page 3 0"F' IN=ffI(3> 11/1]/2191 at 43:34tE DRIER'(' !, 3ROCt, CW1 am: JEII UL011Ofl CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA : • • t • •• ) •• • A."INFIV • • t Petitioner, vs. MARVIN RALPH HOHMAN, Respondent THIS CAUSE came on for public baring r I., testimony under oath, received evident respective to a Findings of Fact, Conclusion$ of Law r of the Board, as I 1. That Marvin Ralph H is th 2. That the Code En Respondent, having been duly no } 3. That the Respondent n of f 4. 7bat the raal property ., Particularly described as Lot 26 in 181 of GOLDEN GA recorded in Plat Boost 9, at Page 2, lit Records of Co ' Code of Laws, Chapter 22, Article lI Florida Building the following particulars: Owner did not obtain Certificate aO� fic CEB NO. CESD20080005124 2008, and the Board, having heard Nte matters, thercupme issues its and that the and by posting. 36371040006, more cording to rite Plat thereof, as is in violation of Collier Code ) (106.1.2) and (104.5.1.4) in 567 for a home that was built. Bo$ed rupee the foregoing Findings of Fact and Conchuions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier Code Code of Laws, Chapter 22, Article II and the Florida Building Code, Section 22 -26(b) (106.1.2) and (104.5.1 A) be corrected as follows: 1. By obtaining any and all Permits required by Collier County building permit for the home and by obtaining all inspections, and oerdfloate of completion within 90 days (January 29, 2009). 2. By, in the alternative, obtaining a Collier County demolition permit, inspections, and certificate of completion within 90 days (January 29, 2009). 3. That if the Respondents do not comply with paragraph I of the Order of the Board by January 29, 2009, then there will be a fiine of $200 per day for each day until the violation is abated. 4. That it in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by January 29, 2009, there will be a fine of $200 per day for each day until the violation is abated. 07- 14 -'09 13:42 FROM -FORSM & BRiIM PA 239 - 263 -6757 T -312 A @Rj/ N f�� A N a U'! PGau�� 2 E;age 5. That if the Respondent fait to abaft the viohtion, the County may abate the violation and may use the assistance of the Collier County Sberiffs Office to enforce the provisions of this Order. 6. That the Respondent is to notify Code Foreanant officials that the violation has bon abated within 24 hours of abalealnort and saypest the Investigator to come out and perform the site inspection. 7. Tlst ie)iAWMde t is ondaod 10 pay all operational coats incurred in the prosecution of this Can in the. areolitnt OrW-S'1'*It fis 30 days. Any aggrieved party may appeal a final order of the Hoard 10 the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing ore noun, but shall be limited to appellate review of the record caealed within. Filing on Appal shaall not wary the Board's Order. DOI gloom this day of KAOIJ 2008 at Collier Conapty. Florida. STATE OF FLORIDA COUNTY OF COLLIE The foregoing 2W8, by Gerald Lefebv personally, k nov r,� iattartitt:f::� ;i.. .! mycomkoffimr. ohs .iW .(. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA I HEREBY CERTIFY tint a true and correct copy of this ORDER has been sent bk U. S. Mail to Marvin Ralph Hoeman, 7012 Tanyasd Rd., Winchester, Tennessee 37398 this �! say of t,— Q V - .2008. 31WG 0" } ti. K1jjA 300OW d GOWN t�v l MERE91r C �; �Or 01 i �r a an iflw E s� •� c live ftw14r mv, BHT E BRWA. M. Jesqjtfiwson, Esq. _ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 07-14-'09 13:42 ff M -FORSM & BAiGGER PA 239 - 263 -6757 T -312 q�P00oM06 FN 79Z July 28: 2009 Page 5 of 7 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, «, COLLIER COUNTY, FLMDA, Petitioner, vs. CEB NO. CESD2008000S124 MARVIN RALP.If °'1, � a Respondent. ORDER IMPOSING FINE/LIEN TH IS CALSE came on for public hearing before the Board on October 31, 2008, after due notice to 1 Respondent at which time the Board heard testi t tier ed evidence, and issued its Findings of Fact o and Conclusions of Law acid thereupon Order which to writing on November 6, 2008 and %X2, w famished to Respondent and was to Records o Collier oun ,Florida at OR 4407, PG 1781, C C> cf. seq, on November 13, 2008. 6 .e+ •' "' w An Affidavit of Non-Cc lien 1 w t b Enforcement Official on �r January 30, 2009, which Affidavit under oath that the 'red c rre t + has not been taken as ction Jr. a-G E r �! ordered. Accordingly, it having been brou 'sal pondent has not complied with the Order dated August 16, 2009. it is bereby E CIR a ORDERED, that the Respondent, Marvin Ralph Hoeman, pay to Collier County fines in the amount of C S5,600 for the period of January 30, 2009 through February 26, 2009 (28 days) at a rate of $200 per day, plus $87.57 for the operational coats kwurmd in the prosecution of this case for a total of S5,687.57. 4 IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Arty aggrieved party Wray appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing (le,tovo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 07- 14 -'09 13:43 FFIOM- FORSYTH & BRUGGS PA 239- 263 -6757 T -312 Agen94NemV 9B OR$ 4434 PG :PI 30"� This OnIller.11111118.4e recorded and shall, pura mt to Section 162.09, Florida Status". constitute a lien against the AnPas —++d ilefflib adu ila any other real ar paraonal property owned by Reelmdent. DONE A1+16'REQ this sf day of d.%1AAje4. 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, RID BY. �. Gerald Lef Chair 2800 North rseshoe Drive Naples, Florida 34104 STATE OF F� .,,��,, COUNTY OF COLLIER) The foregoing instrument was ack�'i Lefebvre. Chair of the Code Enforcement me or ✓ who has produced a Flo ' I HEREBY CERTIFY thaiuc Ralph Hoeman, 7012 Tanyard Rd., day ofll �i/ . 2009, by Gerald who is personally known to RY P Ll i ex ins: RV F- 44, D R n t by U. S. Mail to Marvin f ;j�A I^. 2009. M. Jean Awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Fk►rida 34102 (239) 263 -8206 Are a f uNk" A :o MW of COLLUM 1 HEREBY CEIMFY 1 r t o too •tawd Ming ot Elsa iin► a A6 07-14-'09 13:41 FROM- FORSYTH & BRUGGER PA 239 - 263 -6757 T -312 qP� YO �nFlvj9 July 28, 2009 FAX TRANSMISSION Page 7 of 7 FORSYTH & BRUGGER, P.A. Attorneys At Law To: County Manager Fax No.: 252 -4010 Company: Pages: 6 (including this sheet) From: Forsyth & Brugger Date: 7/14/2009 1:40 PM Subject: 5513 26`0 Ave SW, Naples, FL 34116 CC: Please find attached Request to Speak under Public Petition. The information contained in this transmission may be attorney privileged and confidential- It is intended only for the use of the person to whom it is addressed. If the reader of this message is not the intended recipient, your are hereby notified that any dissemination, distribution or copy of this communication may be strictly prohibited by law. If you have received this communication in error, please notify the above immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage. Thank you. 600 Fifth Avenue South John N. Brugge( Suite 207 'Also Admitted in Michigan Naples, FL 34102 Phone: (239) 263-6000 Fax: (239) 263.6757 John F. Forsyth email: jbrugger @forsythbrugger.com 1921 -2000 To: County Manager Fax No.: 252 -4010 Company: Pages: 6 (including this sheet) From: Forsyth & Brugger Date: 7/14/2009 1:40 PM Subject: 5513 26`0 Ave SW, Naples, FL 34116 CC: Please find attached Request to Speak under Public Petition. The information contained in this transmission may be attorney privileged and confidential- It is intended only for the use of the person to whom it is addressed. If the reader of this message is not the intended recipient, your are hereby notified that any dissemination, distribution or copy of this communication may be strictly prohibited by law. If you have received this communication in error, please notify the above immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage. Thank you.