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CESM Minutes 05/03/2013 Code Enforcement Special Magistrate Minutes May 3 , 2013 May 3, 2013 i 4a� TES OF THE HEARING OF THE LIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 3, 2013 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: May 3, 2013 at 9:00 A.M. LOCATION: Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE 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 MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA HI. APPROVAL OF MINUTES —April 5, 2013 IV. MOTIONS A. Motion for Reduction /Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PUBLIC HEARINGS 1 A. Stipulations B. Hearings 1. CASE NO: S0178946- CEEX20130003450 OWNER: DIANNE VANDENBURGH AND ROBERT VANDENBURGH OFFICER: DEPUTY T. SIEGEL VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE /PARKED IN STRIPED AREA VIOLATION ADDRESS: WATERSIDE SHOPS, NAPLES 2. CASE NO: S0178411- CEEX20130003637 OWNER: JOYCE GILIO OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: WALGREENS, 13520 TAMIAMI TRAIL N, NAPLES 3. CASE NO: S0178394- CEEX20130003628 OWNER: CAMILLE CAVALLO OFFICER: DEPUTY PAIGE LONG VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: COSTCO, 6275 NAPLES BLVD, NAPLES 4. CASE NO: PR049786- CEEX20130004100 OWNER: RAYMOND PLACID OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO PROPERLY AFFIX COUNTY LAUNCH STICKER VIOLATION ADDRESS: COCOHATCHEE MARINA, NAPLES OA 5. CASE NO: DAS13237- CEEX20130004621 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -32, SECTION (A)(1) FAILURE TO LICENSE DOG VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 6. CASE NO: DAS13238- CEEX20130004622 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -32, SECTION (A)(1) FAILURE TO LICENSE DOG VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 7. CASE NO: DAS13239- CEEX20130004624 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -32, SECTION (A)(1) FAILURE TO LICENSE DOG VIOLATION ADDRESS: 38303 R' AVENUE NW, NAPLES 8. CASE NO: DAS13240- CEEX20130004625 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -32, SECTION (B) FAILURE TO VACCINATE DOG VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 9. CASE NO: DAS13241- CEEX20130004627 OWNER: SUSAN OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -54, SECTION (A)(1) FAILURE TO HAVE CURRENT COGGINS TEST VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 10. CASE NO: DAS13242- CEEX20130004628 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -54, SECTION (A)(1) FAILURE TO HAVE CURRENT COGGINS TEST VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 3 11. CASE NO: DAS13243- CEEX20130004630 OWNER: SUSAN HUTTER OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORDINANCE 14 -54, SECTION (A)(1) FAILURE TO HAVE CURRENT COGGINS TEST VIOLATION ADDRESS: 3830 3RD AVENUE NW, NAPLES 12. CASE NO: CEROW20120004308 OWNER: GREGORY WESTGATE OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600204 VIOLATION ADDRESS: 1294 TH STREET, NAPLES 13. CASE NO: CEPM20120016343 OWNER: RANDY T. BAUM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (12)(i) AND 22- 231(12)(p). DAMAGED EXTERIOR AND INTERIOR WALLS AND DAMAGED WINDOWS. FOLIO NO: 36117680002 VIOLATION ADDRESS: 18205 IT STREET SW, NAPLES 14. CASE NO: CEPM20130002097 OWNER: CAMIL CAMILI OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(12)(n) AND (15). SCREEN PANEL RIPPED /TORN ON POOL ENCLOSURE AND AN UNMAINTAINED SWIMMING POOL. FOLIO NO: 24768109326 VIOLATION ADDRESS: 1353 BRIARWOOD COURT, NAPLES 15. CASE NO: CEPM20130002193 OWNER: LISA LYNNETTE TITUS OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 32482680003 VIOLATION ADDRESS: 902 BLUEBIRD STREET, NAPLES 16. CASE NO: CENA20130003332 OWNER: LISA LYNNETTE TITUS OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54, ARTICLE VI, SECTION 54- 185(a). OVERGROWN WEEDS ON PROPERTY. FOLIO NO: 32482680003 VIOLATION 36317240006 ADDRESS: 902 BLUEBIRD STREET, NAPLES 17. CASE NO: CEROW20110007473 OWNER: DALE A. SLABAUGH AND JAMIE L. SLABAUGH OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: ORDINANCE 2009 -19, AN ORDINANCE AMENDING PREVIOUS ORDINANCE 2003 -37 PROVIDING FOR REVISIONS TO THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE PUBLIC RIGHT -OF -WAY. VEGETATION THAT EXCEEDS 30 INCHES HIGH IN THE PUBLIC RIGHT -OF -WAY. FOLIO NO: 38285080008 VIOLATION ADDRESS: 5070 TAMARIND RIDGE DRIVE, NAPLES 18. CASE NO: CEROW20110010750 OWNER: MICHAEL S. BROWER AND APRIL L. BROWER OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: ORDINANCE 2009 -19, AN ORDINANCE AMENDING PREVIOUS ORDINANCE 2003 -37 PROVIDING FOR REVISIONS TO THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE PUBLIC RIGHT -OF -WAY. VEGETATION THAT EXCEEDS 30 INCHES HIGH IN THE PUBLIC RIGHT -OF -WAY. FOLIO NO: 38285120007 VIOLATION ADDRESS: 5090 TAMARIND RIDGE DRIVE, NAPLES 19. CASE NO: CEPM20130002014 OWNER: ANANHIDIA LEON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(b). EXTERIOR WALL DAMAGE. FOLIO NO: 36317240006 VIOLATION ADDRESS: 5254 CORONADO PARKWAY, NAPLES 20. CASE NO: CEAU20130002448 OWNER: SW FLORIDA HOME OWNERSHIP LLC OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a), FLORIDA BUILDING CODE, 2010 EDITION, CHAPTER 1 SECTIONS 105.1, 105.4.1, AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE OF DISREPAIR. FOLIO NO: 62259800002 VIOLATION ADDRESS: 5306 BROWARD STREET, NAPLES 21. CASE NO: CES20120017630 OWNER: GATHERING SHOPS OF NAPLES LLC OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 5.06.04(F)(4)(e). WINDOW SIGNAGE THAT COVERS MORE THAN 25% OF THE SURFACE. FOLIO NO: 36232120007 VIOLATION ADDRESS: 5584 19TH COURT SW, NAPLES 22. CASE NO: CEPM20130002731 OWNER: DAVIAN ALTAMIRANDA OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22 -231 (12)(i), 22-231(12)(1),22-231(12)(p), 22-231(19),22-242,22-243(2)(c). VACANT UNSECURED STRUCTURE (UNIT), TORN /MISSING SCREENS, WHAT APPEARS TO BE MOLD, TEMPORARY FRONT DOOR NOT PROPERLY ATTACHED. FOLIO NO: 46573000724 VIOLATION ADDRESS: 116 SANTA CLARA DRIVE, UNIT 5, NAPLES 23. CASE NO: CEPM20130002733 OWNER: GRANADA LAKES VILLAS CONDO ASSOCIATION INC. OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(i), 22-231(12)(1),22-231(12)(p), 22-231(19),22-242,22-243(2)(c). VACANT UNSECURED STRUCTURE (UNIT), TORN /MISSING SCREENS, WHAT APPEARS TO BE MOLD, MISSING HALF OF SLIDING GLASS DOOR, BROKEN WINDOWS. FOLIO NO: 46573000782 VIOLATION ADDRESS: 116 SANTA CLARA DRIVE, UNIT 8, NAPLES 24. CASE NO: CEPM20130002736 OWNER: VIRGILIO VALDES AND ELIZABETH VALDES OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22- 231(12)(1), 22- 231(12)(1). BROKEN WINDOWS AND TORN SCREENS. FOLIO NO: 46573003925 VIOLATION ADDRESS: 190 SANTA CLARA DRIVE, UNIT 5, NAPLES 25. CASE NO: CEPM20130000999 OWNER: SYLVIA V. SHARP OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 51147041023 VIOLATION ADDRESS: 8153 TAUREN COURT, NAPLES 26. CASE NO: CEPM20120006353 OWNER: CESAR O. HIDALGO REYES OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12) AND SECTION 22 -239. A SINGLE WIDE MOBILE HOME DWELLING AND CONCRETE BLOCK DWELLING WITH WINDOWS AND EXTERIOR DOORS NOT PROPERLY FITTED WITHIN ITS FRAMES, NOT PROVIDED WITH LOCKABLE HARDWARE, NOT WEATHER -TIGHT AND WEATHERPROOF, AND NOT MAINTAINED IN GOOD REPAIR, WINDOWPANES WITH CRACKS AND HOLES. ALSO A SINGLE WIDE MOBILE HOME DWELLING DESTROYED BY FIRE AND CREATING HEALTH AND SAFETY CONCERNS. FOLIO NO: 65070760001 VIOLATION ADDRESS: 610 PALMETTO AVENUE, IMMOKALEE 27. CASE NO: CEPM20120006604 OWNER: CESAR O. HIDALGO REYES OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12) AND SECTION 22 -239. A SINGLE WIDE MOBILE HOME STRUCTURE AND A CONCRETE BLOCK DWELLING DESTROYED BY FIRE CREATING HEALTH AND SAFETY CONCERNS. FOLIO NO: 65071520004 VIOLATION ADDRESS: 523 EUSTIS AVENUE, IMMOKALEE 28. CASE NO: CEPM20120013576 OWNER: PALM RIVER MHP LLC OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 228(1) AND 22- 322(a). RIP RAP SEAWALL HAS FAILED AND CONCRETE SEAWALL HAS FAILED. ROTTED PILINGS AND UNSAFE DOCKS. FOLIO NO: 156920005 VIOLATION ADDRESS: 793 WALKERBILT ROAD, NAPLES 29. CASE NO: CENA20130002384 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ARTICLE VI, SECTIONS 54 -179 AND 181. LITTER ON RESIDENTIAL PROPERTY (REPEAT VIOLATION). FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET, NAPLES 30. CASE NO: CEPM20110008619 OWNER: JACOB CAMPBELL GALLEGOS OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12) AND SECTION 22 -239. A CONCRETE SINGLE FAMILY HOME DAMAGED BY FIRE. FOLIO NO: 77163120009 VIOLATION ADDRESS: 1808 SHERMAN AVENUE, IMMOKALEE 31. CASE NO: CESD20120011043 OWNER: HERBERT C. POHLMANN DECL TRUST OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTIONS 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), AND 10.02.06(13)(1)(e)(i). ADDED NEW OUTSIDE STAIRWAY, WORK TO POOL AREA, ADDED NEW WOOD TO UPPER DECK, SIDING WORK/REPLACEMENT IN PROGRESS, ALL WITH NO ACTIVE COLLIER COUNTY PERMITS OBTAINED. FOLIO NO: 27630480002 VIOLATION ADDRESS: 316 CONNERS AVENUE, NAPLES 32. CASE NO: CEPM20130003331 OWNER: ROBERT J. SMITH AND FRANCES SMITH OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 64697501505 VIOLATION ADDRESS: 709 MEYER DRIVE, NAPLES C. Emergency Cases: VL NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION 35987600006 ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE 2. CASE NO: CEPM20100007780 OWNER: LOWELL JOHNSON SR AND VIRGINIA JOHNSON OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (15) & (12)(i). SCREEN ENCLOSURE AND POOL COVER BADLY DAMAGED. FOLIO NO: 35987600006 VIOLATION ADDRESS: 306047 TH TER SW, NAPLES 3. CASE NO: CEPM20120013134 OWNER: ROSE MCLAUGHLIN OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). POOL WITH GREEN STAGNANT WATER. FOLIO NO: 60698002764 VIOLATION ADDRESS: 8870 PINTO COURT, NAPLES 4. CASE NO: CENA20120007047 OWNER: ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54 -181 AND 54 -179. AN ACCUMULATION OF LITTER AROUND THE RESIDENTIAL STRUCTURE. FOLIO NO: 38972600005 VIOLATION ADDRESS: 253148 TH AVENUE NE, NAPLES 9 VII. VIII. 10.14 X. XI. OLD BUSINESS A. Motion to Amend Previously Issued Order: I . CASE NO: CELU20110007170 OWNER: LARRY D. SHIPMAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED, SECTION 2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON AN UNIMPROVED LOT. FOLIO NO: 37926520006 VIOLATION ADDRESS: 4591 PINE RIDGE ROAD, NAPLES B. Motion to Rescind Previously Issued Order: 1. CASE NO: CELU20110007170 OWNER: LARRY D. SHIPMAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED, SECTION 2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON AN UNIMPROVED LOT. FOLIO NO: 37926520006 VIOLATION ADDRESS: 4591 PINE RIDGE ROAD, NAPLES 2. CASE NO: PR044775- CEEX20130002588 OWNER: IVAN R. STANTON OFFICER: PARK RANGER CAROL BUCKLER VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO ACCESS, MARCO ISLAND CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. REPORTS NEXT MEETING DATE: June 7, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida ADJOURN 10 May 3, 2013 Any person who decides to appeal a decision of the Special Magistrate 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 Magistrate shall be responsible for providing this record. I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 AM. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special. Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:15 a.m. Reconvened: 9:32 a.m. II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda Item Numbers): Under Item VI.A — Motion for Imposition of Fines, the following case was moved to Item IV.0 — Motion for Extension of Time • #1 - CASE NO: CESD20110000968 - ETHEL MATA Under Item V.B — Hearings, the following cases were moved to Item V.A — Stipulations: • # 13 - CASE NO: CEPM20120016343 - RANDY T. BAUM • #28 - CASE NO: CEPM20120013576 - PALM RIVER MHP LLC • #12 - CASE NO: CEROW20120004308 - GREGORY WESTGATE Under Item V.B — Hearings, the following cases were withdrawn: • # 1 - CASE NO: S0178946- CEEX20130003450 - DIANNE VANDENBURGH AND ROBERT VANDENBURGH • #2 - CASE NO: S0178411- CEEX20130003637 -JOYCE GILIO • #3 - CASE NO: S0178394- CEEX20130003628 - CAMILLE CAVALLO • #4 - CASE NO: PR049786- CEEX20130004100 -RAYMOND PLACID • #5 - CASE NO: DAS13237- CEEX20130004621 - SUSAN HUTTER • #6 - CASE NO: DAS13238- CEEX20130004622 - SUSAN HUTTER • #7 - CASE NO: DAS13239- CEEX20130004624 - SUSAN HUTTER • #8 - CASE NO: DAS13240- CEEX20130004625 - SUSAN HUTTER • #9 - CASE NO: DAS13241- CEEX20130004627 - SUSAN HUTTER • #10 - CASE NO: DAS13242- CEEX20130004628 - SUSAN HUTTER • #11 - CASE NO: DAS13243- CEEX20130004630 - SUSAN HUTTER • #16 -CASE NO: CENA20130003332 -LISA LYNNETTE TITUS • #17 -CASE NO: CEROW20110007473 -DALE A. SLABAUGH AND JAMIE L. SLABAUGH 2 May 3, 2013 • #18 -CASE NO: CEROW20110010750 - MICHAEL S. BROWER AND APRIL L. BROWER • #21 - CASE NO: CES20120017630 - GATHERING SHOPS OF NAPLES LLC • #29 - CASE NO: CENA20130002384 - ALEJANDRA LYNCH • #30 - CASE NO: CEPM20110008619 - JACOB CAMPBELL GALLEGOS • #31 - CASE NO: CESD20120011043 - HERBERT C. POHLMANN DECL TRUST Under Item V.0 — Emergency Cases, the following case was added to the Agenda: • #1 — CASE NO: CEPM20130005552 — DORIS LEE STATON ROSO AND SHEILA JAMESON III. APPROVAL OF MINUTES — April 5, 2013 The minutes of the April 5, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction /Abatement of Fines None B. Motion for Continuance None C. Motion for Extension of Time 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE Investigator Rodriguez represented the County. Ethel Mata was present. Ms. Mata testified she has resolved the carport issue. She is working to "permit" the shed, however it is currently a financial hardship and requested a 6 month extension to resolve the issue. Investigator Rodriguez testified the original Order was issued on November 1, 2011 with extensions granted on July 6 /September 7 of 2012 and April 5 of 2013. Special Magistrate Garretson expressed concern several extensions have been granted without resolution to the matter. After reviewing the case the Special Magistrate DENIED the Respondent's Motion for an Extension of Time. VI. NEW BUSINESS A. Motion for Imposition of Fines 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ May 3, 2013 VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE Ethel Mata was present. Investigator Rodriguez presented the case noting the violation has not been abated. Fine Amount: $150.00 /day Duration: March 8, 2013 — May 3, 2013 (57 days) Total Fine Amount: $8,550.00 Total to Date: $8,550.00 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $8,550.00. Said amount to become a lien on the property with fines continuing to accrue. Ms. Baker noted it is the County's policy to seek compliance, not punishment and if the violation is abated at a later date, she could petition the Board of County Commissioners for the fines accrued to be waived. V. PUBLIC HEARINGS C. Emergency Cases #1 — CASE NO: CEPM20130005552 - DORIS LEE STATON ROSO AND SHEILA JAMESON Investigator Connetta and Supervisor Bosa represented the County. Robert Harris represented Doris Lee Staton Roso through a Power of Attorney. Ms. Baker reported the property and Courthouse were posted on May 1, 2013. Respondent Evidence Entered: Exhibit A: Power of Attorney authorization — Doris Lee Staton Roso Exhibit E: 2 photos dated 4/22/13 County Evidence Entered: Composite Exhibit B: 2 photos dated 4/17/13 Composite Exhibit C: 2 photos date 4/5/13 Exhibit D: 1 aerial photo depicting property in question Mr. Harris objected to Exhibit B as he instructed Code Enforcement representatives not to photograph the residence while on the subject property. Exhibit E, 2 photos obtained from Code Enforcement records indicate additional photos were taken while investigators were on Ms. Staton's property. Investigator Connetta and Supervisor Bosa reported the photos proposed as evidence were taken from a neighbor's property or the street and they did not enter the property in question to obtain the photos including the aerial photo. All Exhibits listed above entered were admitted into evidence by the Special Magistrate. Investigator Connetta testified: May 3, 2013 • On 4/16/13 they received a complaint the dwelling was being occupied without proper electrical service. • On 4/17/13 Investigators visited the property and were notified the residents were in the process of getting service restored. • Investigation revealed there has been no service to the property since 6/27/12. • As of 5/2/13 the violation remains. Mr. Harris raised several constitutional issues involving the Collier County Sheriff's and Code Enforcement Department's activities. Special Magistrate Garretson reported those issues need to be addressed in an alternate venue and the forum today is to determine if a violation exists. Mr. Harris questioned the Section of County Codes under which the violation was cited. Investigator Connetta reported the reference is Chapter 22 Building and Building Regulation, Article VI, Property Maintenance 22- 231(19) — (Electrical Systems - All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed maintained and connected to a source of electrical power in accordance with the provisions of the electrical code in affect at the time of the violations). Mr. Harris questioned why it is a requirement for habitants to maintain electrical service when it may be a lifestyle choice not to utilize electricity for certain individuals. Special Magistrate Garretson reported today's venue is to enforce County Codes; the rationale and the official adoption of codes is conducted during another process which he may address with the Board of County Commissioners. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Restore electricity to the premise with an active account with Florida Power and Light or vacate the property until and active valid account with Florida Power and Light is obtained and electricity is restored to the property on or before May 8, 2013, or a fine of $500.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Total Amount Due: $112.20 Break: 10: 40 a. m. Reconvened 10:50 a.m. A. Stipulations 1. CASE NO: CEPM20120016343 OWNER: RANDY T. BAUM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (12)(i) AND 22- 231(12)(p). DAMAGED EXTERIOR AND INTERIOR WALLS AND DAMAGED WINDOWS. FOLIO NO: 36117680002 VIOLATION ADDRESS: 1820 5 1ST STREET SW, NAPLES May 3, 2013 Investigator Musse requested the hearing. The Stipulation was entered into by the Respondent Randy Baum on May 3, 2013. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.47 incurred in the prosecution of the case by November 3, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s) to repair the damages in the property inspection report and required inspections and Certificate of Completion by November 3, 2013 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate, or 3. Obtain a Collier County Boarding Certificate and board the structure by May 10, 2013 and obtain all required Collier County Building, inspections and Certificates of Completion /Occupancy by November 3, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.47 CASE NO: CEPM20120013576 OWNER: PALM RIVER MHP LLC OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 228(1) AND 22- 322(a). RIP RAP SEAWALL HAS FAILED AND CONCRETE SEAWALL HAS FAILED. ROTTED PILINGS AND UNSAFE DOCKS. FOLIO NO: 156920005 VIOLATION ADDRESS: 793 WALKERBILT ROAD, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by the Respondent's representative Raymond C. Perrino on May 3, 2013. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of the case by June 3, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), and required inspections and Certificate of Occupancy /Completion by September 3, 2013 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 6 May 3, 2013 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.56 12. CASE NO: CEROW20120004308 OWNER: GREGORY WESTGATE OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600204 VIOLATION ADDRESS: 129 4TH STREET, NAPLES Investigator Kincaid represented the County. The Stipulation was entered into by the Respondent Gregory Westgate on May 3, 2013. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.29 incurred in the prosecution of the case by June 3, 2013. 2. Obtain applicable Right of Way permit(s) from the Department of Transportation necessary to remove all offending material from the right of way and return it to a permitted state by July 3, 2013 or pay a fine of $100.00 a day for each day that the violation remains unabated thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 B. Hearings 23. CASE NO: CEPM20130002733 OWNER: GRANADA LAKES VILLAS CONDO ASSOCIATION INC. OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22 -231 (12)(i), 22-231(12)(1),22-231(12)(p), 22- May 3, 2013 231(19),22-242,22-243(2)(c). VACANT UNSECURED STRUCTURE (UNIT), TORN /MISSING SCREENS, WHAT APPEARS TO BE MOLD, MISSING HALF OF SLIDING GLASS DOOR, BROKEN WINDOWS. FOLIO NO: 46573000782 VIOLATION ADDRESS: 116 SANTA CLARA DRIVE, UNIT 8, NAPLES Investigator Giguere represented the County. Chris Thornton, Goede, Adamczyk and DeBoest, PLLC represented the Respondent. County Exhibit Entered: Composite Exhibit A: 4 photos dated 3/12/13 Composite Exhibit B: 2 photos dated 4/1/13 Exhibit C: 1 photo dated 5/2/13 Mr. Thornton testified the Association took control of the property via foreclosure for unpaid assessments and is working to address the issue. The Special Magistrate noted the case is a health, safety and welfare issue that needs to be addressed in a timely manner. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Obtain all required Collier County Building Permits, inspections and a Certificate of Completion /Occupancy on or before May 17, 2013, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or, 3. Obtain a Collier County Boarding Certificate and board the structure by May 17, 2013 and obtain all required Collier County Building or Demolition Permits, inspections and Certificates of Completion /Occupancy and restore the structure to a permitted condition consistent with Collier County Maintenance Code, by November 3, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Must repair or cause to repair any and all torn /missing screens and obtain all required Collier County permits through certificate of Completion /Occupancy by May 17, 2013 or a fine of $250.00 per day will be imposed until the violation is abated. 5. Must treat and rid unit of mold infestation and provide written confirmation for a licensed remediation company indicating the mold has been removed by May 17, 2013 or a fine of $250.00 per day will be imposed until the violation is abated. 6. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 7. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 VII. NEW BUSINESS May 3, 2013 B. Motion for Imposition of Fines (continued) 2. CASE NO: CEPM20100007780 OWNER: LOWELL JOHNSON SR AND VIRGINIA JOHNSON OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (15) & (I 2)(i). SCREEN ENCLOSURE AND POOL COVER BADLY DAMAGED. FOLIO NO: 35987600006 VIOLATION ADDRESS: 3060 47TH TER SW, NAPLES Scott Johnson represented the Repondents. Investigator Box presented the case noting the violation has been abated. Special Magistrate Order: 4/1/11- No. 4672 - Page: 1878 Fine Amount: Part B: $250.00 /day - C: $100 /day Duration: Part B: 4/9/11 - 4/30/13 (751 days) - Part C: 5/2/11 - 4/30/13 (728 days) Total Fine Amount: Part B: $187,750.00 — Part C: $72,800.00 Total to Date: $260,550.00 Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the County's Motion for Imposition of Fines. VI. PUBLIC HEARINGS (continued) B. Hearings 14. CASE NO: CEPM20130002097 OWNER: CAMIL CAMILI OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(12)(n) AND (15). SCREEN PANEL RIPPED /TORN ON POOL ENCLOSURE AND AN UNMAINTAINED SWIMMING POOL. FOLIO NO: 24768109326 VIOLATION ADDRESS: 1353 BRIARWOOD COURT, NAPLES Date of Hearing Notice by Certified Mail: 4/18/13 Date of Hearing Notice Property /Courthouse Posting: 4/17/13 Supverisor Mucha presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 5/2/13 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.56 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Chemically treat the pool water to kill the algae and provide hi-weekly treatments to maintain clean pool water and filtration system on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or; May 3, 2013 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Make all necessary repairs of the pool cage structure on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 6. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.56 15. CASE NO: CEPM20130002193 OWNER: LISA LYNNETTE TITUS OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 32482680003 VIOLATION ADDRESS: 902 BLUEBIRD STREET, NAPLES Date of Hearing Notice by Certified Mail: 4/18/13 Date of Hearing Notice Property /Courthouse Posting: 4/18/13 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 3/1/13 Exhibit B: 1 photo dated 4/8/13 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 10 May 3, 2013 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 19. CASE NO: CEPM20130002014 OWNER: ANANHIDIA LEON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(b). EXTERIOR WALL DAMAGE. FOLIO NO: 36317240006 VIOLATION ADDRESS: 5254 CORONADO PARKWAY, NAPLES Date of Hearing Notice by Certified Mail: 4/18/13 Date of Hearing Notice Property /Courthouse Posting: 4/17/13 Investigator Musse presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 5/2/13. The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of the case by June 3, 2013. 2. Abate all violations by obtaining all required Collier County Building Permits) and required inspections and Certificate of Occupancy /Completion to repair the wall by May 10, 2013 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 11 May 3, 2013 20. CASE NO: CEAU20130002448 OWNER: SW FLORIDA HOME OWNERSHIP LLC OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a), FLORIDA BUILDING CODE, 2010 EDITION, CHAPTER 1 SECTIONS 105.1, 105.4.1, AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE OF DISREPAIR. FOLIO NO: 62259800002 VIOLATION ADDRESS: 5306 BROWARD STREET, NAPLES Date of Hearing Notice by Certified Mail: 4/18/13 Date of Hearing Notice Property /Courthouse Posting: 4/17/13 Investigator Kincaid presented the case. Evidence entered: Exhibit A: 1 photo dated 5/2/13 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of this case by June 3, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Demolition Permit(s) and required inspections and Certificate of Occupancy /Completion to by June 3, 2013 or a fine of $50.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 22. CASE NO: CEPM20130002731 OWNER: DAVIAN ALTAMIRANDA OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22 -231 (12)(i), 22- 231(12)(1), 22- 231(12)(p), 22- 231(19),22-242,22-243(2)(c). VACANT UNSECURED STRUCTURE (UNIT), TORN /MISSING SCREENS, WHAT APPEARS TO BE MOLD, TEMPORARY FRONT DOOR NOT PROPERLY ATTACHED. FOLIO NO: 46573000724 VIOLATION ADDRESS: 116 SANTA CLARA DRIVE, UNIT 5, NAPLES Date of Hearing Notice by Certified Mail: 4/18/13 Date of Hearing Notice Property /Courthouse Posting: 4/17/13 12 May 3, 2013 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 2/23/13 Composite Exhbiti 13: 2 photo dated 3/12/13 Exhibit C: 1 photo dated 3/22/13 The violation remains as of May 3, 2013. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Obtain all required Collier County Building Permits, inspections and a Certificate of Completion /Occupancy on or before May 10, 2013, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or, 3. Obtain a Collier County Boarding Certificate and board the structure by May 10, 2013, 2013 and obtain all required Collier County Building Permits, inspections and Certificates of Completion /Occupancy and restore the structure to a permitted condition consistent with Collier County Maintenance Code, or remove the structure, within November 3, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Must repair or cause to repair any and all torn /missing screens and obtain all required Collier County permits through certificate of Completion /Occupancy by May 10, 2013 or a fine of $250.00 per day will be imposed until the violation is abated. 5. Must treat and rid unit of mold infestation and provide written confirmation for a licensed remediation company indicating the mold has been removed by May 10, 2013 or a fine of $250.00 per day will be imposed until the violation is abated. 6. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 7. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 24. CASE NO: CEPM20130002736 OWNER: VIRGILIO VALDES AND ELIZABETH VALDES OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22- 231(12)(i), 22- 231(12)(1). BROKEN WINDOWS AND TORN SCREENS. FOLIO NO: 46573003925 VIOLATION ADDRESS: 190 SANTA CLARA DRIVE, UNIT 5, NAPLES Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/18/13 13 May 3, 2013 Investigator Giguere presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 3 photos dated 2/13/13 Exhibt 13: 1 photo dated 3/26/13 The violation remains as of 5/3/2013. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.29 incurred in the prosecution of the case by June 3, 2013. 2. Obtain all required Collier County Building Permit, inspections and a Certificate of Completion /Occupancy on or before May 10, 2013, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or, 3. Obtain a Collier County Boarding Certificate and board the structure by May 10, 2013 and obtain all required Collier County Building Permits, inspections and Certificates of Completion /Occupancy and restore the structure to a permitted condition consistent with Collier County Maintenance Code, or remove the structure by November 3,20-13 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Repair or cause to repair any and all torn /missing screens and obtain all required Collier County Building Permits, inspections and a Certificate of Completion /Occupancy on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 5. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 6. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 25. CASE NO: CEPM20130000999 OWNER: SYLVIA V. SHARP OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 51147041023 VIOLATION ADDRESS: 8153 TAUREN COURT, NAPLES Date of Hearing Notice by Certified Mail: 4/19/14 Date of Hearing Notice Property /Courthouse Posting: 4/22/13 Investigator McGonagle presented the case. The Respondent was not present. 14 May 3, 2013 Evidence entered: Composite Exhibit A: 2 photos dated 4/4/13 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 26. CASE NO: CEPM20120006353 OWNER: CESAR O. HIDALGO REYES OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12) AND SECTION 22 -239. A SINGLE WIDE MOBILE HOME DWELLING AND CONCRETE BLOCK DWELLING WITH WINDOWS AND EXTERIOR DOORS NOT PROPERLY FITTED WITHIN ITS FRAMES, NOT PROVIDED WITH LOCKABLE HARDWARE, NOT WEATHER -TIGHT AND WEATHERPROOF, AND NOT MAINTAINED IN GOOD REPAIR, WINDOWPANES WITH CRACKS AND HOLES. ALSO A SINGLE WIDE MOBILE HOME DWELLING DESTROYED BY FIRE AND CREATING HEALTH AND SAFETY CONCERNS. FOLIO NO: 65070760001 VIOLATION ADDRESS: 610 PALMETTO AVENUE, IMMOKALEE Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/18/13 Investigator Morad presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 6/11//12 The violation remains as of 5/3/13. 15 May 3, 2013 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Obtain all required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion /Occupancy on or before May 10, 2013, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or, 3. Obtain a Collier County Boarding Certificate for the concrete dwelling and board the structure by May 10, 2013 and obtain all required Collier County Building or Demolition Permits, inspections and Certificates of Completion /Occupancy and restore the structure to a permitted condition consistent with Collier County Maintenance Code, or remove the structure by November 3, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 27. CASE NO: CEPM20120006604 OWNER: CESAR O. HIDALGO REYES OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12) AND SECTION 22 -239. A SINGLE WIDE MOBILE HOME STRUCTURE AND A CONCRETE BLOCK DWELLING DESTROYED BY FIRE CREATING HEALTH AND SAFETY CONCERNS. FOLIO NO: 65071520004 VIOLATION ADDRESS: 523 EUSTIS AVENUE, IMMOKALEE Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/18/13 Investigator Morad presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 6/11/12 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.73 incurred in the prosecution of this case by June 3, 2013. 16 May 3, 2013 2. Abate the violation by obtaining all required Collier County demolition permits) and remove the structure and any refuse from the location in question to a site intended for final disposal and request and obtain all required Certificates of Completion by June 3, 2013 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.73 32. CASE NO: CEPM20130003331 OWNER: ROBERT J. SMITH AND FRANCES SMITH OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 64697501505 VIOLATION ADDRESS: 709 MEYER DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/19/13 Investigator Davis presented the case. The Respondents were not present. Evidence entered: Exhibit A: 1 photo dated 3/11/13 The violation remains as of 5/3/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before June 3, 2013. 2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before May 10, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 17 May 3, 2013 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.3 8 VIII. NEW BUSINESS C. Motion for Imposition of Fines: 3. CASE NO: CEPM20120013134 OWNER: ROSE MCLAUGHLIN OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). POOL WITH GREEN STAGNANT WATER. FOLIO NO: 60698002764 VIOLATION ADDRESS: 8870 PINTO COURT, NAPLES Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/17/13 The Respondent was not present. Investigator Snow presented the case noting the violation has been abated by the County. Fine Amount: $250.00 /day Duration: 25 days Total Fine Amount: $6,250.00 Unpaid Abatement Costs: $1,467.50 Unpaid Operational Costs: $112.29 Total to Date: $7,829.79 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $7,829.79. Said amount to become a lien on the property. 4. CASE NO: CENA20120007047 OWNER: ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54- 181 AND 54 -179. AN ACCUMULATION OF LITTER AROUND THE RESIDENTIAL STRUCTURE. FOLIO NO: 38972600005 VIOLATION ADDRESS: 253148 TH AVENUE NE, NAPLES Date of Hearing Notice by Certified Mail: 4/19/13 Date of Hearing Notice Property /Courthouse Posting: 4/18/13 The Respondents were not present. Supervisor Letourneau presented the case noting the violation has been abated, however the Operational Costs have not been paid. 18 May 3, 2013 Unpaid Operational Costs: $112.12 Total to Date: $112.12 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $112.12. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CELU20110007170 OWNER: LARRY D. SHIPMAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED, SECTION 2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON AN UNIMPROVED LOT. FOLIO NO: 37926520006 VIOLATION ADDRESS: 4591 PINE RIDGE ROAD, NAPLES Ms. Baker reported the County is making the request as it has been determined the pole barn is permitted. The Special Magistrate reviewed the case and GRANTED the County's Request to Amend the Previously Issued Order. B. Motion to Rescind Previously Issued Order: 1. CASE NO: CELU20110007170 OWNER: LARRY D. SHIPMAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED, SECTION 2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON AN UNIMPROVED LOT. FOLIO NO: 37926520006 VIOLATION ADDRESS: 4591 PINE RIDGE ROAD, NAPLES Ms. Baker reported the County is making the request as it has been determined the pole barn is permitted. The Special Magistrate reviewed the case and GRANTED the County's Request to Rescind the Previously Issued Order for the Imposition of Fines for the pole barn violation. CASE NO: PR044775- CEEX20130002588 OWNER: IVAN R. STANTON OFFICER: PARK RANGER CAROL BUCKLER VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO ACCESS, MARCO ISLAND Ms. Baker reported the County is making the request as the citation was paid. The Special Magistrate reviewed the case and GRANTED the County's Request to Rescind the Previously Issued Order VIII. CONSENT AGENDA 19 May 3, 2013 A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT MEETING DATE: June 7, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:25 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING J enf 4daGatr� , Special Magistrate The Minute ere approved by the Special Magistrate on cJV�t �� , as presented or as amended 20