Agenda 04/27/2021 Item #16A 6 (Release of Code Enforcement Lien)04/27/2021
16.A.6
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien, with an accrued value of
$962,377.79 for payment of $1,877.79 in the code enforcement action titled, Board of County
Commissioners v. Domenic P. Tosto, aka Domenic Tosto, Tr., and Joanne M. Tosto Tr., of the Fam.
Liv. Tr., relating to property located at Folio No. 01199120006, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement
lien with an accrued value of $962,377.79 for payment of $1,877.79, in relation to Code Enforcement
Board Case No. 2005010592-CEB 2007-32.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Domenic
P. Tosto, aka Domenic Tosto, Tr. And Joanne M. Tosto Tr. Of the Fam. Liv. Tr., in case No. 2005010592
- CEB 2007-32, for code violations at property with the Folio No. 01199120006. The violations consisted
of litter, neglected maintenance, and unsafe conditions of an abandoned property commonly referred to as
the "Dome House." The lien was recorded on December 7, 2009, at O.R. Book 4516, Page 29. The
current lien amount is $962,377.79, based on 3,844 days of accrued fines ($250 per day from November
2, 2007 through May 11, 2018) totaling $961,000, plus $1,377.79 in operational costs. On May 11,
2018, the Division of State Lands of the Florida Department of Environmental Protection advised Collier
County Code Enforcement that the submerged lands were within the Rookery Bay Aquatic Preserve;
thereby bringing the property into compliance as the property is no longer within Collier County's
jurisdiction.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. Once the abatement process began, Mr. Tosto encountered
many delays, and a loss of over $300,000 in property and expenses, including permit fees, inspections,
and legal fees, notwithstanding the financial hardship of the health issues he has endured over several
years. The subject site's current location in the Gulf of Mexico is no longer within Collier County's
jurisdiction and is unable to be developed due to erosion and shifting shorelines that have caused the
subject site to now be within the submerged lands of the Rookery Bay Aquatic Preserve. The owner has
paid $1,877.79 in settlement of fines and is requesting the remaining $960,500 in accrued fines be
waived. The hardship letter as required is attached.
FISCAL IMPACT: Payment of $1,877.79 in settlement of fines has been made. If approved by the
Board, accrued fines in the amount of $960,500 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board's
policy contained in Resolution 2012-46. CAK
RECOMMENDATION: To waive the fines in the amount of $960,500, accept payment amount of
$1,877.79, and authorize the Chairperson to sign the attached release and satisfaction of lien for recording
in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
Packet Pg. 526
16.A.6
04/27/2021
ATTACHMENT(S)
1. Owner Letter (PDF)
2. FL DEP Letter (PDF)
3. Backup Documents (PDF)
4. Lien Order (PDF)
5. Release and satisfaction of lien (PDF)
6. Current Aerial Photo (PNG)
7. Photos of Violation (JPG)
8. Current Photo (PNG)
Packet Pg. 527
16.A.6
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 15279
Item Summary: Recommendation to approve the release of a code enforcement lien, with an
accrued value of $962,377.79 for payment of $1,877.79 in the code enforcement action titled, Board of
County Commissioners v. Domenic P. Tosto, aka Domenic Tosto, Tr., and Joanne M. Tosto Tr., of the
Fam. Liv. Tr., relating to property located at Folio No. 01199120006, Collier County, Florida.
Meeting Date: 04/27/2021
Prepared by:
Title: — Code Enforcement
Name: Dana Rarey
03/10/2021 2:50 PM
Submitted by:
Title: Division Director - Code Enforcement — Code Enforcement
Name: Michael Ossorio
03/10/2021 2:50 PM
Approved By:
Review:
Code Enforcement
Code Enforcement
Growth Management Department
Growth Management Department
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Ossorio
Additional Reviewer
Colleen Davidson
Additional Reviewer
Jeanne Marcella
Level 1 Reviewer
Jeanne Marcella
Department Head Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
03/11/2021 10:01 AM
Completed
03/11/2021 10:22 AM
Completed
03/12/2021 8:28 AM
Completed
03/12/2021 8:29 AM
Completed
03/12/2021 9:47 AM
Completed
03/12/2021 10:00 AM
Completed
03/28/2021 2:13 PM
Completed
04/12/2021 9:32 AM
04/27/2021 9:00 AM
Packet Pg. 528
16.A.6.a
To: Collier County Growth Management Division
Code Enforcement Division
Attn: Mr. Michael Ossorio — Director
4-
From. Domenic Tosto 0
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Reference: Dome Homes on Cape Romano 0
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0
Date: February 9, 2021
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_
Good Afternoon Mr. Ossorio, 0
I am writing this letter to hopefully bring conclusion to the unfortunate circumstances that have =
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occurred in affiliation with the two {2) acre property I own on Cape Romano known as "The Dome
Homes".
0
My wife and I purchased the property in 2004 for the sum of $300,000.00. My son and I started the 10
construction process and were preparing to renovate these structures into functional, usable buildings. 2
m
During this long, arduous journey, which was drawn out over several years' we tried unsuccessfully to c
obtain permits and were continually denied for various reasons beyond our control. While my son and I M
M
had endeavored to acquire these permits, several events and Natural disasters of Florida's seasonal cYa
effects took toll on the existing structures. Since 2004 there have been almost 80 named Hurricanes
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or Tropical Storms that have been associated with effecting the State of Florida in one way or another. 0
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Included in these storms, the Collier County coastlines have been directly impacted by direct or indirect a
impacts from Hurricanes Charley, Ivan, Katrina, Wilma and Irma. The Dome Homes have suffered not 2
only great damage from these Hurricane and Storm events but have also been negatively affected by E
E
tidal surges, erosion and global warming which have caused them to be engulfed by the waters of the o
Gulf of Mexico which has rendered them inadequate for development. >
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I have been unable to keep current with the taxes and other fees due to a myriad of reasons including a m
lengthy illness. This has resulted in the State of Florida placing a lien on the property. a,
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I am requesting consideration due to the existing condition of the homes and my failing health that a r
settlement of $500.00 be accepted to satisfy the outstanding lien(s) and place my existing residence L
back in good standing.
J
Thank you for taking time out of your day to discuss this situation with me. I will look forward to hearing
from your office with a favorable remedy. I may be reached at 1-781-608-6296. 3
Respectfully,
Domenic Tosto
Packet Pg. 529
16.A.6.b
pepa)P'
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
°0 Tallahassee, Florida 32399-3000
PntaI
May 11, 2018
Jeff Letourneau
Collier County Code Enforcement
Dear Mr. Letourneau,
Re: Dome Home, Collier County
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Noah Valenstein
Secretary
Thank you for your inquiry about state ownership of submerged lands in the Morgan Pass
area of the Gulf of Mexico. The site is in Section 10, Township 53 South, Range 26 East.
Our records indicate the subject site is located on lands that were previously uplands that
were conveyed by U.S. Patent 034623 in 1955. The site is now submerged due to erosion.
The submerged lands lying below the mean high-water line of Morgan Pass/Gulf of
Mexico, including the subject site, are state-owned and within the Rookery Bay Aquatic
Preserve.
The conclusions stated herein are based on a review of records currently available within
the Department of Environmental Protection as supplemented, in some cases, by
information furnished by the requesting party and do not constitute a legal opinion of
title. A permit from the Department of Environmental Protection and other federal, state
and local agencies may be required prior to conducting activities.
If this office can be of further assistance regarding this determination, please address your
questions to Danielle Durrance, Government Operations Consultant I, mail station No.
108 at the above letterhead address, or by telephone at (850)245-2643.
Sincerely,
Marcus J. Ashman, PSM, Program Manager
Bureau of Survey and Mapping
Division of State Lands
MJA/dmd
F:/TITLE/Danielle Durrance/COLLIER/DOME HOMES
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Domenic P. Tosto, aka Domenic Tosto, Tr. and Joanne A Tosto Tr. of
the Fam. Liv. Tr.
2005010592 — CEB 2007-32
Folio No. 01199120007
Neglected maintenance and unsafe conditions... litter and abandoned property...
Order Items: $250/day fine x 746 days (November 2, 2007 — November 19, 2009) _ $186,500, plus
operational costs of $1,377.79
*746 days (11 /2/07 — 1 l / 16/09)
Total Fines: $187,877.79
FOF Order OR 4224/PG 252 recorded on month/day/year
EOT Order OR 4265/PG 1069 recorded on 8/2/2007
IOF Order OR 4516/PG 29 recorded on 12/7/2009
Amended Order OR 4917/PG 2990 recorded on 5/8/2013
Violation abated: May 11, 2018
Fines accrued after IOF:
Order Items: $250/day fine x 3098 days (November 17, 2009 — May 11, 2018) _ $774,500.00
Total Fines Owed: $962,377.79
Deed recorded on 9/14/2005, and case is in compliance as of 5/1 1/2018
Fines for Owner: $962,377.79
Offer of settlement: $1,877.79 ($500 fine + $1,377.79 costs)
NEW OWNER (abated within 30 days) or Owner with Hardship
ACCRUED VALUE: $ 962,377.79
PAYMENT OF: $ 1,877.79
TOTAL FINES TO BE WAIVED: $ 960,500.00
Packet Pg. 531
16.A.6.c
Receipt Number:
Transaction Number
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Operational Costs (CEB)
Operational Costs (CEB)
Cashier Name:
Batch Number:
Entered By:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
2021819201
2021-017134
03/02/2021
$1, 377.79
Payment Method Amount Paid Check Number
Check $1,377.79 1104
$1, 377.79
$0.00
DOMENIC P TOSTO
DOMENIC TOSTO & JOANNE M. TRUSTEE
OF THE TOSTO FAMILY LIVING TRUST
9893 CLEAR LAKE CIRCLE
NAPLES, FL 34108
Reference Number Original Amount GL Account
Fee P i
2005010592 $1,295.34 $1,295.34 111-138911-354400
2005010592 $82.45 $82.45 111-138911-354400
RichardKoenigsknecht
9873
jenniferwaldron
Packet Pg. 532
16.A.6.c
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Code Enforcement Board
Cashier Name:
Batch Number:
Entered By:
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
2021819211
2021-017144
03/02/2021
$186,500.00
Payment Method Amount Paid Check Number
Check $500.00 1104
$500.00
$0.00
DOMENIC P TOSTO
DOMENIC TOSTO & JOANNE M. TRUSTEE
OF THE TOSTO FAMILY LIVING TRUST
9893 CLEAR LAKE CIRCLE
NAPLES, FL 34108
Reference Number Original
Fee
2005010592 $186,500.00
RichardKoenigsknecht
9873
3enniferwaldron
A_ mount GL Account
Paid
$500.00 111-138911-354400
Packet Pg. 533
16.A.6.c
To: Collier County Growth Management Division
Code Enforcement Division
Attn: Mr. Michael Ossorio— Director
From: Domenic Tosto
Reference: Dome Homes on Cape Romano
Date: February 9, 2021
Good Afternoon Mr. Ossorio,
I am writing this letter to hopefully bring conclusion to the unfortunate circumstances that have
occurred in affiliation with the two 121 acre property I own on Cape Romano known as "The Dome
Homes".
My wife and I purchased the property in 2004 for the sum of $300,000.00. My son and I started the
construction process and were preparing to renovate these structures into functional, usable buildings
During this long, arduous journey, which was drawn out over several years' we tried unsuccessfully to
obtain permits and were continually denied for various reasons beyond our control. While my son and I
had endeavored to acquire these permits, several events and Natural disasters of Florida's seasonal
effects took toll on the existing structures. Since 2004 there have been almost 80 named Hurricanes
or Tropical Storms that have been associated with effecting the State of Florida in one way or another.
Included in these storms, the Collier County coastlines have been directly impacted by direct or indirect
impacts from Hurricanes Charley, Ivan, Katrina, Wilma and Irma. The Dome Homes have suffered not
only great damage from these Hurricane and Storm events but have also been negatively affected by
tidal surges, erosion and global warming which have caused them to be engulfed by the waters of the
Gulf of Mexico which has rendered them inadequate for development.
I have been unable to keep current with the taxes and other fees due to a myriad of reasons including a
lengthy illness. This has resulted in the State of Florida placing a lien on the property.
I am requesting consideration due to the existing condition of the homes and my failing health that a
settlement of $500.00 be accepted to satisfy the outstanding lien(s) and place my existing residence
back in good standing.
Thank you for taking time out of your day to discuss this situation with me. I will look forward to hearing
from your office with a favorable remedy. I may be reached at 1-781-608-6296.
Respectfully,
Domenic Tosto
Packet Pg. 534
16.A.6.c
Packet Pg. 535
16.A.6. c
THIS INSTRUMENT PREPARED BY AND RETURN TO: Timothy J. Cotter, Esq. 3697469 OR; 3889 PG; 2457
Timothy J. Cotter, PA RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
599 9th Street North 09/14/2005 at 07:55AN DNIGHT E. BROCK, CLERK
Naples, Florida 34102 CONS 300000.00
Property Appraisers Parcel Identification (Folio) Numbers: 01199120007 REC FEE 52.50
Grantees SS #s: DOC-.70 2100.00
Retn:
Space Above Th TINOTHY J COTTER
599 9TH IIS..T N j313
THIS WARRANTY DEED, made the 12th day of August, 2005 b��i1FSirr, Trustee of the Morgan
Island Land Trust, herein called the grantors, to Domenic P. Tosto a/k/a Domenic Tosto, Trustee and Joanne
M. Tosto, Trustee of the Tosto Family Living Trust dated and January 20, 2004, with full power and authority
to protect, to conserve and to sell, to lease, to encumber or otherwise to manage and dispose of the real property
hereinafter described
whose post office address is 9893 Clear Lake Circle, Naples, Florida 34108, hereinafter called the Grantees:
(Wherever used herein the terms grantor" and grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals. and the successors and assigns of corporations)
W I T N E S S E T H- That the grantors, for and in consideration of the sum of TEN AND 00/1001S (S10.00)
Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in COLLIER County,
State of Florida, viz.:
SEE ATTACHED LEGAL DESCRIPTIONS
PROPERTY IS VACANT LAND AND IS NOT THE HOMESTEAD NOR CONTIGUOUS TO THE
HOMESTEAD OF THE GRANTOR.
Subject to easements, restrictions and resi�T�
thereafter. '• ----
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TOGETHER, with all the tenements, y[ dztat'itents and
appertaining. j
st--_
TO HAVE AND TO HOLD, the sao fee le,
e ,lf y ci
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AND, the grantors hereby covenant `<vifh 'said grantees tbaia
simple; that the grantors have good.right and lawful authority`
title to said land and will defend the 'satne, against the lawful cli
free of all encumbrances, except taxes 4cru{ng subsequent to I;
IN WITNESS WHEREOF, the said gr tt�ta sigtted
written.
Signed, ybaled and delivered in the presence of
t
oyce A. St. Clair
#1 Printed Name
#2 Signature
Deana Sibilia
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF PINELLAS
►(d and to taxes for the year 2005 and
thereto belonging or in anywise
1
1>f 1
v
Ie Mors ft lawfully seized of said land in fee
sell gndA;Qnvey said land, and hereby warrant the
ots o) a.H'.AS bns whomsoever; and that said land is
;ce>• 4�J � 2004.
s8aled these presents the day and year fast above
Paul Skipper, Trustee o an Island
Trust
P.O. Box 67128, St. Petersburg, FI.33736-7128
The foregoing instrument was acknowledged before me this 12th day of August, 2005 by Paul Skipper,
Trustee of the Morgan Island Land Trust who is personally mown to me or have produced
as identification.
SEAL n/
oyce A. St. Clair
�n )oyce A St. Clair P ' ted Notary Name
My CommissionExpisR- MYCOMMISSIONt DD124971 EXPIRE
Jutt 14, 2006
% d;•` BONDED THRU TROY FAIN INSURANCI iW
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Collier County Property Appraiser
Property Summary
Site Address Site Zone
Parcel No 01199120007 *Disclaimer Site City MARCO ISLAND *Note 3414!
Name/Address SKIPPER TR, PAUL
MORGAN ISLAND LAND TRUST
O
UTD 9-14-93
PO BOX 67128
N
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City SAINT PETERSBURG
H
State FL Zip 33736-7128
Map No. Strap No.
Section Township Range Acres
W
*Estimated
81310 000100 041 81310
10 53 26
0.4 0
Legal 10 53 26 PARCEL "B-8" THRU
"B-9 & ACCRETION DESC IN OR 1445 PG 829,
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Millage Area 0 131
Millage Rates S *Calculations �
Sub./Condo 100 - ACREAGE HEADER
School Other
Total o
Use Code 0 99 - ACREAGE NOT ZONED AGRICULTURAL 5.016 6.1262
11.1422 o
Latest Sales History
2020 Certified Tax Roll
(Not all Sales are listed due to Confidentiality)
(Subject to Change)
O
Date Book -Page Amount
Land Value
$ 1 c
09/17/93 1866-1197 $ 300,000
(+) Improved Value
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(_) Market Value
$ 1 co
(_) Assessed Value
$ 1 0
(_) School Taxable Value
$ 1 0
(_) Taxable Value
$ 1 a
If all Values shown above equal 0 this parcel was created after the Final Tax Ri v
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COLLIER COUNTY, FLORI DA
CODE ENFORCEMENTBOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
VS.
I OM:t NIC P TOSTO, Defendant(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
C:EB CASE NO.2005010.592
BEFORE ME, the undersigned authority, personally appeared Benjamin Plourd, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
I. That on April 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled
matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public
records of Collier County, Florida in OR Book 4917 PG 2990, et, seq.
2. That the respondent did NOT contact the investigator.
3. That a re -inspection was performed on May 11, 2018.
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by due to shifting shore lines the structures are no longer in Collier county jurisdiction and are
now on state property per state determination.
FURTHER AFFIANT SAYETH NOT.
DATED this 18th day of May, 2018.
COLLIER FLORIDA.
Benjamin Plourd
Code. Enforcement Official
STATE OF FLORIDA.
COUNTY OF COLLIER
Sworn to armed) and sub ed before me thisPA day of
(Signs is
(Print/Type/Stamp Commissioned Name of Notary Public)
Personally known Y
1 t ICE 20 19 by Benjamin Plourd
,��; rN�,, J3ftlty ti111iGii
Ex� i%r Apt1121, 2(j20
Tn lnn* 1hro Won NoW,
Packet Pg. 543
LNSIR 45JJb/U UR 491/ PG Z99U KECURDED J/b/LU1S lC:S4 PM FADES 6
)WIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
IEC $69.50
16.A.6.c
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2005010592
VS.
DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TR.
AND JOANNE M. TOSTO TR. OF THE FAM. LIV. TR,
Respondents
THIS CAUSE came on for pi
Amend Prior Order. The Board heard
issues its Findings of Fact, Conclusi(o'
1. That Findings of Fact, Conch
recorded as OR 4224, PG 0252 onjlMa
I
2. That the Order covered *,N
Folio 01199120007, more particuIA4
3. That the Order should be ar`
%g-b6f6re the adaa �tr;t it 25, 2013 on the County's Motion to
under oath respectivie, 'appropriate matters, and thereupon
md,Qrder of the Board, M follows:
aw�nd-Otder of thip Board were issued on April 30, 2007, and
t toi/ a d/atS{jldEE[[i Cura _ o �ano,>Ucoita Springs, Florida 34134,
as (see attadhM1egal){
,J
Based upon the foregoing Findings ofFaq(" Cfi_mau_!Whs-6f Law, and to the authority granted in Chapter
162, Florida Statutes, and Collier County Ordinance! o�4`-4'1 it is hereby ORDERED:
That the Order of April 30, 2007, and recorded as OR 4224, PG 0252 on May 4, 2007 shall be amended.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the
execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review
of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this day of 2013 at Collier County, Florida.
CODE ENFORCEMENT BOARD
C IER C UNTY RIDA
State of Florida �1�2
County of COLLIER rt K m n, C airN rth ors hoe Drive
I HEREBY GaRTIFY-THIT this Is a true and Nap 6,, o ' 4104
corre.cf co�i''te���o�il`�fe�� oq ilt4`in
Boatrl fr.- to agd,F a o f pgit r County
U
Packet Pg. 544
)R 491/ PG Z991
16.A.6.c
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ' day of Mq
1013, b : Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Ulorida, who is
personally known to me or who has prolluced a Florida Driver's License as identification.
�yD
KARENG BAILEY OTAR PUBLICMY COMMISSION # EE87S121 y commission expires:
EXPIRES Fetxuary 14, 2017
407 3".01E3 F101W@N —
RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Domenic P. Tosto a/k/a Domenic To Tr. and Joanne M.-Tosw Tr. of the Fam. Liv. Tr., 9893 Clear Lake Circle,
Naples, FL 34108 this day of,.3tj
'"`4 \ y r.�vnv.ca�nP�y cry.
y jjj{ \ �,k1dri a `No. 75031 I
;Attori>��y flor the Code Enforcement Board
--- , 681 N 66od,Qi toad, Ste. 210
'14aples, I Flori�a34102
Packet Pg. 545
JR 491/ Pb Z99Z
16.A.6.c
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2005010592
VS.
DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TR.
AND JOANNE M. TOSTO TR. OF THE FAM. LIV. TR,
Respondents
AMEN DEn -F6i1 "O"F �'A.:C NCLUSIONS
OKA n hl -Q ORDERi7F- d1QAR—D
Nunc pro tune
THIS CAUSE came on for public )iearitig Wore the $oaTd m Efipril 26, 2' 07,'itnd the Board, having heard
testimony under oath, received evideno' , and heAresp6b;ive to kil appr9kiate matters, thereupon issues its
Findings of Fact, Conclusions ofiLawi n f f e d8 as 116w' •" i
I. That DOMENIC P. TO 'O,'I1DM(5, TR. nJ ,Ia1Tz1E M. TOSTO TR. OF THE
FAM. LIV. TR, are the owners of the isubj ct propefty.
2. That the Code Enforcemento }Xd has jurisdiction of fi�xieroryah Respondents and that the
Respondents, having been duly notifidR apReared at the public hearftigirt pe on and entered into a Stipulation and
an Amendment to the Stipulation.
3. That the Respondents were notified of tha[te dhiti by certified mail and by posting.
4. That the real property located at 109 Curacao Lane, Bonita Springs, Florida 34134, Folio 01199120007,
more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-58, the Property
Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec. 15 and Sec. 16 and Collier County Ordinance 2005-
44, The Litter and Weeds Ordinance, Sections 7 and 8 in the following particulars:
No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm
damaged two-story concrete and wood frame seven dome shaped residential structure. All same premises left
unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire
damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastics and
paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special
Treatment" (A-ACSC/ST) zoned property.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
Packet Pg. 546
)K 491/ Pb Z99J 16.A.6.c
0
That the violations of Collier County Ordinance 04-58, the Property Maintenance Code, Section 6, Par.
12, Sec. 11, Sec. 12, Sec. 15 and Sec. 16 and Collier County Ordinance 200544, The Litter and Weeds Ordinance, O
Sections 7 and 8 be corrected in the following manner: w
O
1. By obtaining a Collier County Demolition Permit for the removal of all elements attributing to unsafe ~
and unattended environmentally harmful conditions existing on the "A-SCSC/ST" zoned property in question and
all seaward affected property through required inspection and certificate of completion/occupancy by May 28,
2007.
2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all Op
elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007.
3. By executing said demolition permit by receiving all required inspections through to issuance of a
Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all Q
resulting debris, to an approved site for final disposal and proving Collier County Code Enforcement with copies of
receipts for all same disposal y October 28, 2007.
4. By removing all weather damaged and wind driven structural elements, construction materials and O
.r
other foreign materials originating from a wood.framtfi �psidence previously owed by Mr. John Kotula and C
currently located throughout adjacent neigbbtir#n tOtd to ri aojro e�site for final disposal, or arrange to remove F-
all same by other lawful means, so as tocp* wif all Collier Co ii q qusing, Maintenance, Litter and Land v
Developments requirements. The ReslionOenf is in compliance witl Ate pat graph.
5. That if the Respondentl do rlo'"ornply_with paragraph 1 of the Order of the Board by May 28, 2007, E
then there will be a fine of $250 pet day,'forgach day'UM11-ti Vlalation is'pbated. QO
6. That if the Respondents db not comply lyifh Tjirap 2 of the;Ord'er of the Board by June 27, 2007, O
then there will be a fine of $250 bier d`fgfch dAy�tiiri ' he'ida{ioq is}atedhe
7. That if the Respondents b npt co6pl'ly with-p r*raph �,oi`the 9rder of the Board by October 28, cu
2007, then there will be a fine of SQ�,64 6 6A4 ;h.4y' u til the i�io�tio 14s, (bated. O
8. That the Respondents m� to noA'ify C( etnf rcetuent o`ffi Is,4hg the violation has been abated �
within 24 hours of abatement and kego', the Investigator to coib� out andfp�rfpq m a final inspection to confirm the 0
abatement.
9. That if the Respondents,;f t'b abate the violation the e0,ufitkM6y abate the violation using any v
method to bring the violation into comp��ia :Oe d may use the as�be of`the Collier County Sheriffs Office to
enforce the provisions of this order and ati c6stso ,' basemen alfi assessed to the property owner. m
10. That the Respondents may petit'I 14 (fit to' fy6is Stipulation based upon the findings of an 0
engineer's report of the premises. The engineer's report,must be substantially completed by May 28, 2007, unless o
otherwise extended by the Code Enforcement Board. 5
11. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this U
Case in the amount of $1,295.34 within 30 days. U
M
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order. Ln
r
�KNE AND ORDERED this 30°i day of April, 2007 and amended and re -signed this day of to
,230] at Collier County, Florida nunc pro tunc. C
d
CODE ENFORCEMENT BOARD �
State of Florida
County of COLLIER ,or
man ta'I HEREBY, CE371FY P AT.fhis is a true and �$0Ho se 9Drive
correct copytMk0dXn�4100e In - /
»rt? u r 'i4P.R)r 4 t30l1R7S.=
Packet Pg. 547
JK 491/ NV Z994
16.A.6. c
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this I day of
2013 .by Robert Kaufman, Chair of the Code Enforcement Board of Collier Coun Florida, who is
J� personally known to me or who asp duced a Driver's License as identification.
ayr KAREN G BAILEY NOTA Y PUBLIC
MY COMMISSION EE876121 My commission expires:
EXPIRES February 14. 2017
$„ F'°'c.''° g. �,.00m ERT)"F TF:tQSERVICE
NOtI39d-07S3
HEREBY CERTIFY that a true
Domenic P. Tosto a/k/a Domenic T ft
Naples, FL 34108 this __ j__ day of
2013.
0
Attoncs for th C
681OobcIlette ai
�! Naples, F'p#Jda 41
i (239) 261- 06/�
7/
has been sent by U. S. Mail to
Fam. Liv. Tr., 9893 Clear Lake Circle,
210
Board
Packet Pg. 548
JK 4911 Pb Z995
16.A.6.c
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
• Vs.
OR: 4224 PG: 0255
CEB NO.2007-32
DEPT. NO. 2005010592
Domenic P. Tosto a/k/a/ Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Domenic P.
Family Living Trust, on behalf of himself / itsE
Respondent and enters into this Stipulatigxr
of Violation in reference (case) number 40��
In consideration of the disposition
a hearing is currently scheduled
enforcement process; and to obi
Warties hereto agrees as follows:
Tosto and Joanne M. Tosto trustee of the
as representative for
;llipr County as to the resolution of Notices
-of APRIL, 2007.
id Notice(s) of Violation for which
in the administration of the code
the matters outlined therein the
1) The violations noted in the ref ' 1CFotice of Violaff rr' rh accurate and I stipulate to their
existence.
2) The violations are that of section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16
of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier
Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected
maintenance and unsafe conditions relative to a storm damaged two story concrete and wood
frame 'seven" dome shaped residential structure. All same premises left unattended and a
potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire
damaged, weather damaged, structural elements, plumbing installations, construction materials,
metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA
OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property,
and adjacent (A-ACSC / ST) zoned properties.
REV 2/23/06
Packet Pg. 549
)K 491/ NG Z99t) 16.A.6.0
OR: 4224 PG: 0256
. o
0
THEREFORE, it is agreed between the parties that the Respondent shall; N
0
1) Pay operational costs in the amount of $ 1,295.34 incurred in the prosecution of this case.
2) Abate all violations by: (D
c
Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements o
attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC /
ST' zoned property in question and all seaward effected property, by May 26, 2007, or a fine of
$250.00 per day will be imposed each day the violation continues.
Q
2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the
removal of all elements attributing to the unsafe and unattended environmentally harmful conditions 0
in question by June 27, 2007, or a fife-gf12%.00,per day will be imposed each day the violation rn
continues. �j;:,.$ � � �y 3� `. 0�
2-b) Respondent(s) must e , f s( e� �Ret' it..by receiving all required inspections W
through to issuance of a' Ce�f}Ca . a, Camp etitn or th6, removaf of all unsafe, unattended E
environmentally harmful .co csjt o rfs end all resullting?l�bfi,�to. an approved site for final disposal p
and provide Collier Co. C 6e t v{th co ;tes.,ai�receipts for all same disposal by Oct. 28, Y
2007, or a fine of $250.(3 pit c(ay 7f e a siµ h da jh �iolation continues.
2-c) Respondent(s) mu't'" i v l vy erA 'd wind driven structural elements, n
construction materials th�r ,re r rrfa� is s g[na r�, ; rom a wood frame stilt residence
• previously awned by a ►r��l'oti]SN e�I�t��at €�. oughout adjacent neighboring lots,
to an approved site for firl posal, or arrange �r"d ve t' me by other lawful means so as a 1J to 0
comply with all Collier Col sang, Maintenance I br 'qf/ and Development requirements, by E
Oct. 28, 2007, or a fine of P :day.will _be i n , Bch day the violation continues.
" Respondent(s) remedial effort Ld 1 %f a�11 ollier County Environmental requirements `
U
3) Respondent(s) must nofify Collier County Code Enforcement to schedule a reinspection of all pVp
premises in question within 24 hours after abatement..
a'
N
LO
Respondent Michelle Arnold, Director 17
d �_ . , Cf✓' Code Enforcement Department
r
0
REV 2123/06
Packet Pg. 550
" UK 491/ N(G Z99/ "I
16.A.6. c
�OR: 4224 PG: 0257
�1� d � N ��' U K �„ reeur►�v,�
t
L4 -04r -P-5 U fee- — f�d
iy
e5 rm ran I �(�}a e to, e Coe �►�y(c jc,�
4tc v5 Ye d t'
cod
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eK
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rn
CAS c c C.
I
1� z(I_0 a
d7
a,
Packet Pg. 551
INSTR 4370135 OR 4516 PG 29 RECORDED 12/7/2009 10:23 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
16.A.6.c
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DOMENIC P. TOSTO a/k/a DOMENIC TOSTO,
TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE
OF THE FAMILY LIVING TRUST,
Respondents
CEB NO. 2007-32
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearin he(or th r -on,April 26, 2007, after due notice to
Respondents at which time the Board heard ids irtoq�4i deco vedvvidence, and issued its Findings of Fact
and Conclusions of Law and thereupon issu&hi oral Order which was,.tdA�$d to writing on April 30, 2007 and
furnished to Respondents and was recojrdec i t the Public Records of Collier County, Florida at OR 4224, PG 0252,
et. seq. on May 4, 2007.
An Affidavit of Non-Comgliana,`e.>a� crt fiW Vi
October 9, 2009, which Affidavit cIrtifi40 ufid6.?¢at4 thipt
ordered. i ( !
i
Accordingly, it having r"beer (#'bi(ght to the Board's
Order dated April 30, 2007, it is here iy- I N
ORDERED, that the Respond it ,19.QMENIC P. TOSTO
JOANNE M. TOSTO, TRUSTEE OF TKErFA1kIILY LIVING TR
of $186,500 (Order Item 2 and 6) for the penis of ovember-2;-2(
$1,295.34 for previous operational costs and $$2 fa�'llieto, iW
hearing, for a total of $187,877.79. ---
Enforcement Official on
)n has not been taken as
have not complied with the
NIC TOSTO, TRUSTEE, AND
16 Collier County fines in the amount
h November 19, 2009 (746 days), plus
incurred for the imposition of fines
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to
Section 162.09 Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described under Folio No. 01199121006 and/or any other real or personal property owned
by Respondent.
DONE AND ORDERED this I O— day of -L� C O— . 2009 at Collier County, Florida.
stata pt F LA-RIDA
:OUMY of COLLIER
I HEREBY CERTIX,,TNATcljes Is a tMe e0
:Orrect copy,o , -09C ;d9�,fite in
Board Mlnutas� and? ot��olller Ca"
ffiTNESS Mn
y- An aard �I�f`��t this
'wlGHT t:` BAOGK CLERK Q COU3it't3
..t
CODE ENFORCEMENT BOARD
COLLI k UNTY FLO-IUDA
BY:/
` erald Lefeb r, Chai
2800 North rseshoe Drive
Naples, Fl ida 34104
Packet Pg. 552
*** OR 4516 PG 30 ***
16.A.6.c
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
ST
The foregoing instrument was acknowledged before me this day of C— 2009, by Gerald
Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to
me or ---who has produced a Florida Driver's License as identification.
s� KRISTINE HOLTON
MY COMMISSION tl DD 886595 NOTARY PUBLIC
a-= EXPIRES: June 18, 2011 My commission expires:
�'%!'r„p f i�b.`•• Bcnded Ttw Notary Public Under#Mers
WOW RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Domenic P. Tosto, a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust, 9893
Clear Lake Circle, Naples, FL 34108 this sr day of f;, 2009,
/ M.
W
{ 1
R4'wsohl Esq,
Bar]lo. 7�0311
y for the Cbde Enforcement Board
X ue S., Ste. 300
At`ida 34102
Packet Pg. 553
Retn:
CODS IIFORCSIIIN?
2800 N HORSISHOI DR
IAPLIS FL 34104
ZVJ'lYVJ Vn, 14Vj rut 1VU; 16.A.6.c
RICORDED in the OFFICIAL RECORDS of COLLIER COONTT, FL RIC FBI
08/02/2007 at 09:34AX DWIGHT S. BROCK, CLIRR
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,
TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE
OF THE FAMILY LIVING TRUST
Respondents
CEB NO. 2007-32
ORDER ON REQUEST FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on July 26, 2007, on the Respondents' Motion
for an Extension of Time. The Respondent Epp,04re n er The Board, having heard argument,
testimony under oath, received evidenco- qp cz� e ai ppt spatters, thereupon issues the
following:
r '-/,,,'FINDINGS OF FACT
I . That the parties ene
2007 and April 26, 2007 respecii)
2. That the Board is$u<
3. That the Board 's O
the Stipulation based upon the ili
be substantially completed by INa
4. That the Responder;
Respondent requests an extension
nto
2007, unless otherw
;ompleted all applic,
vpmber 1, 2007.
1
Based upon the foregoing, and pursuant toJhe au
and aij Addendum thereto on April 9,
,,apro g the Stipulations,
spmdetsmaypetition the CEB to modify
of 4p6mis. ` The engineer's report must
xtenc ed by''Code Enforcement Board.
an is"v�li4ng state approval. The
y granted in Chapter 162, Florida Statutes,
and Collier County Ordinance No. 92-80, it is hereby ORDERED:
The Respondent's Request for an Extension to November 1, 2007 is Granted. There will be no
imposition of fines until after that date.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30)
days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited
to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order.
Packet Pg. 554
R 4 4 UK: 4M N:
16.A.6.c
DONE AND ORDERED this day of u( C� , 2007 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLI R COUNTY, FL RIDA '
i BY: ^�
Gerald Lefebvr ice Cha
2800 North rseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day of _
2007, by Gerald Lefebvre, Vice Cha' f the Code Enforcement Board of Collier Coun , lorida, who is
personally known to me or T who has produced a Florida Driver's License as identification.
kP
NO
ExPvft WOD02d7ppeYti�sstnxp��s
;r QtRR-TtF+eATE OF SERVICE`,
i HEREBY CERTIFY
U. S. Mail to DOMENIC P. Tq
TRU EE THE FAMILY j
of 2007.
Y
t ,a'et+eF'
Ir t co- y.of-th QR.W has been sent by U. S. Mail to
T f 0i t > 'A D JOANNE M. TQSTO,
3,Clea ake ir,�'Naples,!FL 34108 this _j day
41
M.'Jean
h Iornda_I!:4r Nb6 7,50311
Attod,fotte Code Enforcement Board
460:�4tA -kvenue S., Ste. 300
Naples, Florida 34102
(239)263-8206
State at FLORIUA
',ounty of COLUER
I HEREBY CERTIFY THAT#his k3 i,td>te 00
correct copy of a ooeuirm onjOe Id
Board Minutes and n l�.�•,.; of Coltie�courd
WITNESS my he� f�7�*C:r".;.titi�; •,sedl,this
day of 21 A .
v
C;
E. BROGK� C RKpO�� CQURU
:2k l � D.Q '✓
Packet Pg. 555
Retn: BELINDA KARKU 4013365 OR: 4224 PG: 0252 REC FEE
CODE ENFORCBKENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL
2800 N HORSESHOE DR 05/04/2007 at 09:57AK DWIGHT E. BROCK, CLERK
NAPLES FL 34104
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,
TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE
OF THE FAMILY LIVING TRUST
Respondents
THIS CAUSE came on for public heal
testimony under oath, received evideni
Findings of Fact, Conclusions of Law,
1. That DOMENIC P. TOE
TRUSTEE OF THE FAMILY LI
2. That the Code Enforcemer
Respondents, having been duly noti
Amendment to the Stipulation.
That the Respondents were noti
Board on Aprt
respective to all
I has jurisdiction of
ipeared at the public
4
CEB NO. 2007-32
lows:
and the Board, having heard
Y matters, thereupon issues its
DJOANNE M. TOSTO,
pondents and that the
into a Stipulation and an
fied mail and by posting.
4. That the real property located at 109 Curacao Lane, Bonita Springs, Florida 34134, Folio 01199120007,
more particularly described as (see attached Legals), of the Public Records of Collier County, Florida is in violation
of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec.
15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance, Sections 7 and 8 in the
following particulars:
No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm
damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left
unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire
damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic and
paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special
Treatment" (A-ACSC/ST) zoned property.
16.A.6.c
Packet Pg. 556
16.A.6.c
OR: 4224 PG: 0
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation and Amendment,
C,
which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 0441, it is hereby ORDERED:
0
That the violations of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Par.
U)
0
~
12, Sec. 11, Sec. 12, Sec. 15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance,
Sections 7 and 8 be corrected in the following manner:
c
1. By applying for a Collier County Demolition Permit for the removal of all elements attributing to
c
�a
unsafe and unattended environmentally harmful conditions existing on the "A-ACSC/ST" zoned property in
question and all seaward effected property by May 28, 2007.
Q
2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all
elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007.
o
3. By executing said demolition permit by receiving all required inspections through to issuance of a
o
Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all
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resulting debris, to an approved site for final disposal and„.proyide Collier Co. Code Enforcement with copies of
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receipts for all same disposal by October 28, 2007.---- �`~~ .
4. By
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removing all weather dams din qua tJFiv tt t oral elements, construction materials and
other foreign materials originating from ,a'` g rame stilt residencO-pni, .' by Mr.
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current) located throughout adjacent e► ' "va ukly owned John Kotula and
Y g J yrhdring lots, to an approved srte for'nal disposal, or arrange to remove
all same by other lawful means, so as'`to cotnplywith-all Collier GQunty Housing, Maintenance, Litter and Land
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Development requirements. The Re'spogd/ent ts• in, egmpliance witth',this paragraph.
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5. That if the Responders dq'`qot PaTn' e_tberderi of the Board by May 28, 2007,
then there will be a fine of $250 pear days or$eactUd tf�at v ylatlo ch 'i n'' es ' st that date.
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6. That if the Respondents d,na co ' ly wth Para 2'F, f t e�rder�of the Board by June 27, 2007,
then there will be a fine of $250 p i&� fat'etzefi t1
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' r�� ��;past date.
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7. That if the Respondegt� d(y not comply with parag h 3 of thelO f of the Board by October 28,
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2007, then there will be a fine of $2St rfor each day that t 'siolotior , tinues past that date.
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8. That the Respondents ark tbtif Code Enforcemeri � Y '6 f�iafi�s•t` OY'the violation has been abated
and request the Investigator to come ouA �)'erform the site inspection .kvifl ri 24 hours after abatement.
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9. That the Respondents may pontro CEB to modify 14S)ipulation based upon the findings of an
engineer's
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report of the premises. The enginC+r s r t rrwst l subs'iaritially completed by May 28, 2007, unless
otherwise extended by the Code Enforcement Board
10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
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Case in the amount of S 1,295.34.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
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review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this -36 day of2007 at Collier County, Florida.
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CODE ENFORCEMENT BOARD
Mate Ot FLOR1UA COLLIER COUNTY, FLORIDA
m
'.ounq of COLDER
BY:
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Sheri Barnett, Chair
I HEREBY CERTI�'�AT g a true
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COR@Ct 2800 North Horseshoe Drive
copy Ott CIdcu�bri psi@ !n Naples, Florida 34104
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Board MinutgAPd Rf.-Manf Cdilier
my%aro arrd affLM seal thig
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of
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D.C. Packet Pg. 577
16.A.6.c
OR: 4224 PG:
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me thiZ&—day of
2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier Co , on a,'
V personally known to me or who has produced a Florida Driver's License as identific n.
N#DE) 20717 �; Nt3TARY PUBLIC
„W 22, 2007 t, My commission expires: • N""• • L UFSANDwM
MY COMMISSION i t]<12417t7
t EXPIRES: Norenur 2z 2p07
CERTIFICATE OF SERVICE "" • BWde°T"1No yp&kLV WM%n
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S.
Mail to DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF
THE FAMILY LIVING TRUST, 9893 Clear Lake-. anle ; ;- 4108 this day of
2007.
Esq:
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Board
Packet Pg. 558
1. . 7
16.A.6.c
OR; 4224 PG; C
BOARD OF COUNTY COMMISSIONERS
Collier County, Flodda
Petitioner,
Vs. CEB NO.2007-32
DEPT. NO. 2005010592
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Domenic P. Tosto a/k/a/ Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust �
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Respondent(s),
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STIPULATION/AGREEMENT a
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COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the n
Family Living Trust, on behalf of himself / itself, or as representative for �0-
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices •2
of Violation in reference (case) number 2007-.3; day of APRIL, 2007. 0
In consideration of the disposition and resold rr.pf t ----matters outlined in said Notice(s) of Violation for which o
a hearing is currently scheduled for, APRIL 2f, 2 ?; to prompte efficiency in the administration of the code o
enforcement process; and to obtain a rjuCk`}gin °ecpdittos `rsdtion of the matters outlined therein the ~
parties hereto agrees as follows: a
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1) The violations noted in the refererfced Notice of Violabi� '.4r/C#Ccurate and I stipulate to their >
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existence.-/' _ -�-.w `� `<'�'� L)
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2) The violations are that of section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 LO
of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier y
Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected
maintenance and unsafe conditions relative to a storm damaged two story concrete and wood o
frame "seven" dome shaped residential structure. All same premises left unattended and a a
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potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire
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damaged, weather damaged, structural elements, plumbing installations, construction materials, w
metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA E
OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property,
and adjacent (A-ACSC / ST) zoned properties. a
REV 2 23/06 Packet Pg. 559
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16.A.6.c
OR; 4224 PG; 0
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ 1,295.34 incurred in the prosecution of this case.
2) Abate all violations by:
Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements
attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC /
ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of
$250.00 per day will be imposed each day the violation continues.
2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the
removal of all elements attributing to the unsafe and unattended environmentally harmful conditions
in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation
continues.
2-b) Respondent(s) must execute�sgiV,bemdLiAori'*Permit by receiving all required inspections
through to issuance of a Certr ica�e- o CompTeti6h',-, the removal of all unsafe, unattended
environmentally harmful conct)tbns and all resulting debris to an approved site for final disposal
and provide Collier Co. Code Enforcement with copies of, receipts for all same disposal by Oct. 28,
2007, or a fine of $250.00per%da)�Wiif,4e im os each day the violation continues.
2-c) Respondent(s) mudt algo femdv all 4�da�her)c ri*. '4d and wind driven structural elements,
construction materials 4n,�! '0h, r f6,reVv mlafe a1s c%ig(nat n from a wood frame stilt residence
previously owned by a I C'�phn Kotula end at ntly Cr cated��#h'roughout adjacent neighboring lots,
to an approved site for fihAI.0xsposal, or arrange tb,Tembve 41hsame by other lawful means, so as to
comply with all Collier Co - Ioousing, Maintenance it.ittor l i�,-'Land Development requirements, by
Oct. 28, 2007, or a fine of $7:dQ per day will be impase6Lech day the violation continues.
' Respondent(s) remedial efforts-ust�lrr oilier County Environmental requirements
3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all
premises in question within 24 hours after abatement..
07
Respondent Michelle Arnold, Director
Code Enforcement Department
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ntha U1ENTsqAREDBYAND2EIURNro T oyCoE3697469 OR; 3889 PG; 2457
• Timothy 1. Cotter, PA RICORDID A 0f1ICI16 MOLDS Of COLLIH COUTT, fL
599 9th Strect North 09/14/2005 at 07:55AR DPIG" 1, IlOCI, CL1R1
Naples, Florida 34102 COBS 300000.00
Property Appraisers Parcel Identification (Folio) Numbers: 01199120007 1H PH 52.50
Grantees SS #s: DOC-.70 2100.00
Retn:
Space Above 11 TI1MY J COTM
599917ST11313
DTEO WARRANTY DEED, made the 12tk day of August, 2005 b"JJItJ� r, TrnYtec of the MotYu
land L4md Trust herein called the grantors, to Domenic P. Tosto a/k/a Domenic Tosto, Trustee mad Joanne
M. Tosto, Trustee of the Tosto Family Ltving Trust dated mad January 20, 2004, with full power and authority
to nconserve and to nit, to luse, to wurmb
hereinafter described cr or otherwise to image and dispose of the real property
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Whose Post Ofce address is 9"3 Clear Lake Circle, Naples, Florida 34100, hereinafter caged the Grantees.
(fir astd herein the urmf 'grantor' and 8r"w' brlude all the parties to this inftnwnr wad thhe heirs, kgd
rrprrsentwt— and assigns ojbedriidvelc and the ra ccerso s and arrig- ojcorpornn'arv)
W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/1WS (SI0.00)
Dollars and other valuable conciderxtions, receipt whereof is hereby of Florida, viz: wkaowiaiged hereby gran bargains,sells,
S+hens remises releases conveys and confirmsunto the grantee all that certain land situate in COLLIER County,
tate
SEE ATTACHED LEGAL DESCRIPTIONS
- PROPERTY IS VACANT LAND AND IS 3 _._.-.
HOMESTEAD OF THE GRANTORAD NOR CONTIGUOUS TO THE
Subject to casement
s, restrxtsY►�n rj thereafter. and tW tsies for the year 2005 and
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TOGETHER, with all the:
appertaining- ??� ce belonging or in anywise
TO HAVE AND TO HOLi) ir fee r t 12 c t ��
AND, the grantors hereby ccS�;d } / _ . , t
of all encumbrances, except tax
simple; that the grantors have t wfjfityeiad of said land in fee
title tosaid laud and will dcfrnti th'* and lawful authority lii d saSd Lind, and hereby warrant the
free against the awful c
. g subsequent to Dee°�Aever, and that said lead is
IN WITNESS WHEREOF, the said
written. I C s�il�&sepfs the day and year fast above
Signed shaled and delivered in the pt esena
/ CA � � /C' -�--,
W� 1 Signature
Paul Skipper, Trustee o as Island Joyce A. St. Clair Trust
P.O. Box 67128, St. Petmsbrag, FL 33736-7128
"ess # 1 Printed Name
Witness #2 Signature
Deana Sibilia
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 12th day of August, 2005 by Paul Skipper,
Trustee of the Morgan Island Land Trust who is personally }mown to me or have produced
as identification.
SEAL
oyc- A. St. Clair
My Commission ExpirO'�'' - km A st O'r ud Notary Name
fl; WYCOW&SDONs tOI24977 EXM
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INSTR 4370135 OR 4516 PG 29 RECORDED 12/7/2009 10:23 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
16.A.6.d
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DOMENIC P. TOSTO a/k/a DOMENIC TOSTO,
TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE
OF THE FAMILY LIVING TRUST,
Respondents
CEB NO, 2007-32
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public heap 'beef a thl E rid on ;April 26, 2007, after due notice to
Respondents at which time the Board heard to �g ..Vnder-oat�;.,'te�4v+ d.evidence, and issued its Findings of Fact
and Conclusions of Law and thereupon issud.rls•&al Order which wAs rt:dv'-�'sd to writing on April 30, 2007 and
furnished to Respondents and was recoydec n the Public Records of Col' "'r Cotwty, Florida at OR 4224, PG 0252,
et, seq. on May 4, 2007,
An Affidavit of Non -Co
October 9, 2009, which Affidavit
ordered.
Accordingly, it having been tt r'bbght to the Board's
Order dated April 30, 2007, it is hereof -I-'\
Enforcement Official on
on has not been taken as
have not complied with the
ORDERED, that the Responde,ft ,.DOMENIC P. TOSTO WA IYQ1 1IC TOSTO, TRUSTEE, AND
JOANNE M. TOSTO, TRUSTEE 01 Ti EY A-MILY LIVING TRUST, pay,`t� Collier County fines in the amount
of $186,500 (Order Item 2 and 6) for the periot( 6f,Xovember.-2,-2 67 ih�adgh November 19, 2009 (746 days), plus
$1,295.34 for previous operational costs and $82. foir,IieOI34 brtaf-costs incurred for the imposition of fines
hearing, for a total of $187,877.79. --
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to
Section 162.09 Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de Novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described under Folio No. 01199121006 and/or any other real or personal property owned
by Respondent.
i-
DONE AND ORDERED this �_ day of �C - . 2009 at Collier County, Florida.
st aiia at P OAWA
.'.ourm of COLLIER
I HEREBY CERTI111THAT-MIS IS s true no
:arrest cooy.4048 gocttment flte to
Board Mlnulas� ai d-1 a ar' otn- 6 ler Court
WrNESS MY h8tta'and Gi lul €8t this
pt°1rPi►SiPar�` z,
say
JWIGHT - BA0GkdLERKQF7GOURTS
CODE ENFORCEMENT BOARD
COLLI .} CTIUNIrY FLMIDA
BY:
erald Lefeb r&, Chai
2800 North drseshoe Drive
Naples, FI ida 34104
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*** OR 4516 PG 30 ***
16.A.6. d
STATE OF FLORIDA
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this STday of 2009, by Gerald
Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to
me or ✓who has produced a Florida Driver's License as identification.
s KRISTINE HOLTON
MY COMMISSION # DD 686595 NOTARY PUBLIC
o-= EXPIRES: June 18, 2011 My commission expires:
'•i+„pf itW Bcnded Thru Notary Public Undenvrder
RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Domenic P. Tosto, a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust, 9893
Clear Lake Circle, Naples, FL 34108 this sr day of� � c- 2009,
M. Jean wsoi� Esq.
` \-��------...F..,lorida Bar' o. 70311
A)6rney for *e Cbde Enforcement Board
���ue , Ste. 300
I 1 apse id4 341 2
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16.A.6.e
This Instrument Prepared By:
C
OI.:Colleen
A. Kerins, Esquire
Collier County Attorney's Office
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3299 E. Tamiami Trail -Suite 800
1°
Naples, FL 34112
(239) 252-8400
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RELEASE AND SATISFACTION OF LIEN
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KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
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DOMENIC P. TOSTO a/k/a DOMENIC TOSTO, TRUSTEE, AND JOANNE M. TOSTO,
TRUSTEE OF THE FAMILY LIVING TRUST,
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Respondents
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The lien was recorded on December 7, 2009, in Official Records Book 4516, Page 29, in the
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Official Records of Collier County, State of Florida. The lien secures the principal sum of one
°
hundred eighty-seven thousand eight hundred seventy-seven dollars and seventy-nine cents
°
($187,877.79), plus accrued interest and penalties, if any, and imposes certain obligations against
a
real property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
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Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners
as satisfaction of the lien and hereby cancels and releases said lien.
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The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in
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the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
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ATTEST BOARD OF COUNTY COMMISSIONERS
V
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
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Deputy Clerk
Date:
Approved as to form and legality
teen A. Kerins
Assistant County Attorney
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Date:
Penny Taylor, Chairperson
[21-CED-01535/1612378/11
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