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CESM Minutes 07/05/2013 Code Enforcement Special Magistrate Minutes July 5 , 2013 July 5,2013 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 5, 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: Colleen Crawley, Code Enforcement Administrative Secretary Kerry Adams, Code Enforcement Administrative Secretary 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: July 5,2013 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 III. APPROVAL OF MINUTES—June 7,2013 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: S0178162-CEEX20130006463 OWNER: JAMES HOLLARS OFFICER: DEPUTY L. KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: COSTCO,NAPLES 2. CASE NO: PR049568-CEEX20130007070 OWNER: EDWARD HALPREN OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY A PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO ACCESS,MARCO ISLAND 3. CASE NO: PR050378-CEEX20130006812 OWNER: KISHA ROSADO OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID RECEIPT VIOLATION ADDRESS: NORTH GULF SHORE ACCESS,NAPLES 4. CASE NO: C000480-CEVFH20130007445 OWNER: ERNESTO CARMONA OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 142, SECTIONS 142- 33(C)AND 142-30(A). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A CERTIFICATE TO OPERATE AS RIVER DISTRICT LIMO. VIOLATION ADDRESS: 2132 MISSION DRIVE,NAPLES 2 5. CASE NO: C000481-CEVFH20130007436 OWNER: PAUL CORDS OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 142, SECTIONS 142- 30(A)AND 142-33(D). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITH AN EXPIRED DRIVER ID(EXPIRED IN OCTOBER). VIOLATION ADDRESS: AIRPORT ROAD,NAPLES 6. CASE NO: CEPM20130002904 OWNER: SIMON R. NAYLOR AND MELISSA M. NAYLOR 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: 51147012780 VIOLATION ADDRESS: 8562 IBIS COVE CIRCLE,NAPLES 7. CASE NO: CEPM20130004859 OWNER: CARMELO GIAMMALVA AND ROSANNA MULE 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: 56324013484 VIOLATION ADDRESS: 8310 VALIANT DRIVE,NAPLES 8. CASE NO: CEPM20120018578 OWNER: PAUL F. MCNEALY OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: 2010 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17 AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). UNMAINTAINED POOL AND POOL ENCLOSURE WITH MISSING AND DAMAGED SCREENS. FOLIO NO: 24702001082 VIOLATION ADDRESS: 3543 GRAND CYPRESS DRIVE,NAPLES 9. CASE NO: CEPM20130004506 OWNER: NELL H. EFIRD OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(i)AND(12)(q). BROKEN WINDOW PANE ON EAST SIDE OF HOME AND FALLING PATIO ROOF ON EAST SIDE OF HOME. FOLIO NO: 62834000007 VIOLATION ADDRESS: 541 100TH AVENUE N,NAPLES 3 10. CASE NO: CEPM20130005593 OWNER: JIMBERLY MANJARREZ-KROENUNG 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). GREEN UNMAINTAINED POOL. FOLIO NO: 52752011162 VIOLATION ADDRESS: 3562 ZANZIBAR WAY,NAPLES 11. CASE NO: CEPM20130005654 OWNER: RICK SUMMERS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-236.A COMPLETELY BURNED OUT SINGLE FAMILY HOME ON THE PROPERTY. FOLIO NO: 37164480005 VIOLATION ADDRESS: 440 5TH STREET SW,NAPLES 12. CASE NO: CEPM20130003862 OWNER: BRENT R. PARKER OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(i),(1),(b). BROKEN GLASS IN WINDOWS, WINDOWS SCREWED SHUT AND APPEAR NOT OPERABLE,MISSING OR BROKEN SCREENS,LARGE HOLES IN EXTERIOR WALLS THROUGH TO INSIDE OF STRUCTURE. FOLIO NO: 24533040005 VIOLATION ADDRESS: 85 7T11 STREET,NAPLES 13. CASE NO: CEROW20130004976 OWNER: SABRINA C. CHEANEY OFFICER: INVESTIGATOR CHRISTOPHER AMBACH 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). LARGE ROCKS PLACED WITHIN THE COUNTY DRAINAGE SWALE AND RIGHT OF WAY AS WELL AS A CONCRETE PAD USED FOR PARKING VEHICLES. FOLIO NO: 37987240008 VIOLATION ADDRESS: 3561 13TH AVENUE SW,NAPLES 4 14. CASE NO: CESD20120001702 OWNER: MARTIN BUENROSTRO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ENCLOSED AND CONVERTED INTO LIVING SPACE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 64920320000 VIOLATION ADDRESS: 906 N 18TH STREET, IMMOKALEE 15. CASE NO: CESD20130002329 OWNER: WILLIAM WHITMAN OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). UNPERMITTED SHED IN BACKYARD OF THIS LOCATION. FOLIO NO: 35989600004 VIOLATION ADDRESS: 4554 25TH AVENUE SW,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20120017264 OWNER: MICHAEL UGHI OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE, VI, SECTION 22-231 (12)(i), SECTION 22-231(15),AND SECTION 22-242 . DAMAGED GARAGE DOOR,BROKEN GLASS WINDOWS, BROKEN AND MISSING GLASS PIECES ON SIDE DOOR, DOORS NOT SECURED,WINDOWS NOT SECURED, AND UNMAINTAINED POOL. FOLIO NO: 65221800008 VIOLATION ADDRESS: 168 CORAL VINE DRIVE,NAPLES 5 2. 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)(l)(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 3. CASE NO: CEV20130000329 OWNER: DEBORAH J. HANCOCK OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III, SECTION 130-96(a). RECURRING VIOLATION OF A BOAT STORED IN DRIVEWAY. FOLIO NO: 62416081004 VIOLATION ADDRESS: 848 104TH AVENUE N,NAPLES 4. CASE NO: CEPM20120016145 OWNER: CHAD C. DIXON 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: 53000240008 VIOLATION ADDRESS: 2313 KINGS LAKE BLVD,NAPLES 5. CASE NO: CEPM20120012329 OWNER: TAYLOR, BEAN AND WHITAKER MORTGAGE CORP. OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231, SUBSECTIONS 12k, 12n, AND 15. SCREEN PANELS MISSING/TORN FOR POOL ENCLOSURE, FRONT DOOR MISSING HARDWARE, AND UNMAINTAINED SWIMMING POOL. FOLIO NO: 56570005408 VIOLATION ADDRESS: 717 CROSSFIELD CIRCLE,NAPLES 6. CASE NO: CEPM20130002401 OWNER: JOSE LANDIN-GARCIA AND MARIA LANDIN-GARCIA OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, CHAPTER 22, SECTION 22-242. UNSECURED SINGLE FAMILY HOME AND TWO UNSECURED SHEDS. FOLIO NO: 62153160000 VIOLATION ADDRESS: 5229 HOLLAND STREET,NAPLES 6 B. Rules and Regulations Review VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: 1. CASE NO: 2005080163 OWNER: SALVATORE CAVATAIO AND ANTOINETTE CAVATAIO OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: ORDINANCE 04-41,AS AMENDED, SECTION 2.01.00.ACCUMULATION OF WEEDS/GRASS IN EXCESS OF 18 INCHES FOLIO NO: 36448400003 VIOLATION ADDRESS: 3024 49TH LANE SW,NAPLES VIII. 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. IX. REPORTS X. NEXT MEETING DATE: August 2, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor, Naples, Florida XI. ADJOURN 7 July 5,2013 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. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 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. II. APPROVAL OF AGENDA Colleen Crawley, Code Enforcement Administrative Secretary,noted the following changes (listed below as Agenda item numbers): Under item V.B—Hearings,the following case was moved to V.0—Motion for Continuance • #13 - CASE NO: CEROW20130004976- SABRINA C.CHEANEY Under item V.B—Hearings,the following cases were withdrawn: • #2-CASE NO: PR049568-CEEX20130007070-EDWARD HALPREN • #5- CASE NO: C000481-CEVFH20130007436-PAUL CORDS • #6-CASE NO: CEPM20130002904-SIMON R.NAYLOR AND MELISSA M.NAYLOR The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—June 7,2013 The minutes of the June 7, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted IV. MOTIONS A. Motion for Reduction/Abatement of Fines None C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations None B. Hearings 4. CASE NO: C000480-CEVFH20130007445 OWNER: ERNESTO CARMONA OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 142, SECTIONS 142- 33(C)AND 142-30(A). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A CERTIFICATE TO OPERATE AS RIVER DISTRICT LIMO. 2 July 5,2013 VIOLATION ADDRESS:2132 MISSION DRIVE,NAPLES Investigator Crowley represented the County. Ernest Carmona was present. Mr. Carmona testified: • His operation is currently based in Glades County which has no requirements for licensing vehicles for hire. • He was hired by a party to provide transportation in Collier County for a prom event. • When he arrived at the destination at 2132 Mission Drive Officer Crowley requested his Collier County licensing information. • He could not produce any licensing documentation as he was unaware Collier County had licensing requirements for vehicles for hire and immediately ceased operations. Investigator Crowley testified: • She was conducting vehicle for hire license checks during a prom event when she determined Mr. Carmona was transporting Collier County clients for a fee without the proper licensing. • She interviewed Mr. Carmona who notified her that he was unaware of the requirements. • To the best of her knowledge, Mr. Carmona has ceased operations in Collier County. Mr. Carmona admitted he was guilty and violated the Collier County Ordinance unintentionally. He immediately ceased operations in Collier County when notified of the requirements and requested the fine amount be reduced. The Special Magistrate found the Respondent GUILTY of operating a Vehicle for Hire in Collier County without the proper licenses and ordered him to pay a $100.00 fine, Operational Costs in the amount of$50.00 and a $5.00 Adminsitrative Fee for a total amount due of $155.00 by September 5,2013. Total Amound Due: $155.00 1. CASE NO: S0178162-CEEX20130006463 OWNER: JAMES HOLLARS OFFICER: DEPUTY L.KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS:COSTCO,NAPLES Deputy Keller represented the County. James Hollars was present. Mr. Hollars testified: • On April 24, 2013 he had dropped his wife off to shop in Costco and the parking lot was "full." • He continued to traverse the parking lot until she notified him by cell phone she was ready for pick up. • As an alternative to blocking the fire lane,he occupied a vacant handicap parking space by backing his vehicle into the space and leaving his motor running so he could see if any handicap vehicles wished to utilize the space so he could immediately move his vehicle. • There were available handicap parking spaces adjacent to the space he occupied. 3 July 5,2013 • As he was exiting the space, Deputy Keller, stopped his vehicle and issued the citation for occupying a handicap parking space without proper authorization. • He requested the Citation be dismissed as he unintentionally violated the Ordinance. Deputy Keller agreed with the Mr. Hollar's testimony. The Special Magistrate reported she has no discretion for doling out the fines and fees required by the County Ordinance for violations of vehicles occupying a handicap parking space without proper authorization. After hearing the evidence the Special Magistrate DENIED the Respondent request for dismissal of the citation and ordered him to pay a $250.00 Fine, $50.00 Operational Costs and $5.00 Administrative Fee for a total amount due of$305.00 by August 5,2013. Total Amount Due: $305.00 Break: 9:44 am Reconvened: 9:53 am VI. MOTIONS (Continued) B. Motion for Continuance 13. CASE NO: CEROW20130004976 OWNER: SABRINA C.CHEANEY OFFICER: INVESTIGATOR CHRISTOPHER AMBACH 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). LARGE ROCKS PLACED WITHIN THE COUNTY DRAINAGE SWALE AND RIGHT OF WAY AS WELL AS A CONCRETE PAD USED FOR PARKING VEHICLES. FOLIO NO: 37987240008 VIOLATION ADDRESS:3561 13TH AVENUE SW,NAPLES Investigator Ambach represented the County. The Respondent was not present but submitted a Motion for Continuance in writing. Investigator Ambach had no objection to the request as the Respondent has taken steps to abate portions of the violation and it is not a Health, Safety or Welfare issue. The Special Magistrate GRANTED the Respondent's request for a Motion for Continuance and continued the case until the September Hearing date. VII. PUBLIC HEARINGS B. Hearings 3. CASE NO: PR050378-CEEX20130006812 OWNER: KISHA ROSADO OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID RECEIPT VIOLATION ADDRESS:NORTH GULF SHORE ACCESS,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Ranger Maunz was present. The Respondent was not present. 4 July 5,2013 Evidence Entered: Composite Exhibit A: 4 photos. Ranger Maunz testified on the day of the incident he observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. Finding the Notice of Hearing was properly served, the Special Magistrate upheld issuance of the Citation and ordered the Respondent to pay a $30.00 Fine, Operational Costs of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$85.00 by August 5, 2013. Total Amount Due: $85.00 7. CASE NO: CEPM20130004859 OWNER: CARMELO GIAMMALVA AND ROSANNA MULE 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: 56324013484 VIOLATION ADDRESS: 8310 VALIANT DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 Investigator Giguere presented the case. The Respondents were not present. Evidence entered: Exhibit A: 1 photo dated 4/4/13 Exhibit B: 1 photo dated 5/9/13 The violation remains as of 7/5/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.73 incurred by Code Enforcement during the prosecution of the case on or before August 5, 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 July 12, 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 July 12, 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 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. 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. 5 July 5,2013 Total Amount Due: $112.73 8. CASE NO: CEPM20120018578 OWNER: PAUL F. MCNEALY OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17 AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15).UNMAINTAINED POOL AND POOL ENCLOSURE WITH MISSING AND DAMAGED SCREENS. FOLIO NO: 24702001082 VIOLATION ADDRESS:3543 GRAND CYPRESS DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Supervisor Mucha presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 7/3/13 The violation remains as of 7/5/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.91 incurred by Code Enforcement during the prosecution of the case on or before August 5, 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 July 12, 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 July 12, 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. Repair or replace all missing or torn screens on pool enclosure including the screen door on or before July 12, 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 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. 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: $112.91 (Cases 9 -14 were taken out of order) 10. CASE NO: CEPM20130005593 OWNER: JIMBERLY MANJARREZ-KROENUNG OFFICER: INVESTIGATOR MICHELE MCGONAGLE 6 July 5,2013 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15).GREEN UNMAINTAINED POOL. FOLIO NO: 52752011162 VIOLATION ADDRESS:3562 ZANZIBAR WAY,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Supervisor Mucha presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 7/3/13 The violation remains as of 7/5/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.56 incurred by Code Enforcement during the prosecution of the case on or before August 5, 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 July 12, 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 July 12, 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 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. 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: $112.56 9. CASE NO: CEPM20130004506 OWNER: NELL H. EFIRD OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(i)AND(12)(q). BROKEN WINDOW PANE ON EAST SIDE OF HOME AND FALLING PATIO ROOF ON EAST SIDE OF HOME. FOLIO NO: 62834000007 VIOLATION ADDRESS: 541 100TH AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 Investigator Sundlee presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 3/27/2013 Composite Exhibit B: 1 photo dated 3/25/2013 7 July 5,2013 The violation remains as of 7/5/13. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.64 incurred by Code Enforcement during the prosecution of the case on or before August 5, 2013. 2. Abate the violation by obtaining all required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy on or before July 12, 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 July 12, 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 January 5, 2014 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 Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.64 12. CASE NO: CEPM20130003862 OWNER: BRENT R.PARKER OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(i),(1),(b).BROKEN GLASS IN WINDOWS, WINDOWS SCREWED SHUT AND APPEAR NOT OPERABLE,MISSING OR BROKEN SCREENS,LARGE HOLES IN EXTERIOR WALLS THROUGH TO INSIDE OF STRUCTURE. FOLIO NO: 24533040005 VIOLATION ADDRESS: 85 7TH STREET,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 Investigator Sundlee presented the case. The Respondent was not present. Evidence Entered: Composite Exhibit A: 2 photos dated 3/12/13 Composite Exhibit B: 2 photos dated 3/14/13 The violation remains as of 7/5/13. 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$112.64 incurred in the prosecution of the case by August 5, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s) and required inspections and Certificate of Occupancy/Completion to repair the structure by 8 July 5,2013 August 5, 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. 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: $112.64 11. CASE NO: CEPM20130005654 OWNER: RICK SUMMERS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236.A COMPLETELY BURNED OUT SINGLE FAMILY HOME ON THE PROPERTY. FOLIO NO: 37164480005 VIOLATION ADDRESS:440 5TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 Investigator Ambach presented the case. The Respondent was not present. Evidence Entered: Composite Exhibit A: 2 photos dated 4/17/13 Exhibit B: 1 photo dated 7/3/13 The violation remains as of 7/5/13. 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 August 5, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) by July 19, 2013 and required inspections and Certificate of Occupancy/Completion and either restore the structure to a permitted condition consistent with Collier County Property Maintenance Code or remove the structure by August 5, 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. 9 July 5,2013 Total Amount Due: $112.38 14. CASE NO: CESD20120001702 OWNER: MARTIN BUENROSTRO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).A CARPORT ENCLOSED AND CONVERTED INTO LIVING SPACE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 64920320000 VIOLATION ADDRESS:906 N 18TH STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 Investigator Rodriguez presented the case. The Respondent was not present. Evidence Entered: Composite Exhibit A: 2 photos dated 2/2/13 The violation remains as of 7/5/13. 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 August 5, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion and either restore the structure to a permitted condition consistent with Collier County Property Maintenance Code or remove the structure by November 5, 2013 or a fine of$200.00 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 15. CASE NO: CESD20130002329 OWNER: WILLIAM WHITMAN OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). UNPERMITTED SHED IN BACKYARD OF THIS LOCATION. FOLIO NO: 35989600004 VIOLATION ADDRESS:4554 25TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 6/20/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 10 July 5,2013 Investigator Giannone presented the case. The Respondent was not present. Evidence Entered: Exhibit A: 1 photo dated 2/14/13 The violation remains as of 7/5/13. 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$112.56 incurred in the prosecution of the case by August 5, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion and either restore the structure to a permitted condition consistent with Collier County Property Maintenance Code or remove the structure by August 5, 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. 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 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 C. Emergency Cases: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20120017264 OWNER: MICHAEL UGHI OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE,VI, SECTION 22-231 (12)(i), SECTION 22-231(15),AND SECTION 22-242 . DAMAGED GARAGE DOOR,BROKEN GLASS WINDOWS,BROKEN AND MISSING GLASS PIECES ON SIDE DOOR,DOORS NOT SECURED,WINDOWS NOT SECURED,AND UNMAINTAINED POOL. FOLIO NO: 65221800008 VIOLATION ADDRESS: 168 CORAL VINE DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 The Respondent was not present. Supervisor Snow presented the case noting the violation has not been abated. Fine Amount: Part B: $250.00/day; Part D: $250.00 Duration: 116 days (Part B and Part D) Total Fine Amount: Part B: $29,000.00; Part D: $29,000.00 Unpaid Operational Costs: $112.82 11 July 5,2013 Total to Date: $58,112.82 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$58,112.82. Said amount to become a lien on the property with fines continuing to accrue. 2. 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: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/21/13 The Respondents were not present. Investigator Kincaid presented the case noting the violation has been abated. The Special Magistrate DENIED the County's Motion for Imposition of Fines. 3. CASE NO: CEV20130000329 OWNER: DEBORAH J.HANCOCK OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III, SECTION 130-96(a). RECURRING VIOLATION OF A BOAT STORED IN DRIVEWAY. FOLIO NO: 62416081004 VIOLATION ADDRESS: 848 104TH AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/21/13 The Respondent was not present. Supervisor Snow presented the case noting the violation has been abated however the Operational Costs in the amount of$112.29 have not been paid. 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$112.29. Said amount to become a lien on the property. 4. CASE NO: CEPM20120016145 OWNER: CHAD C.DIXON 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: 53000240008 VIOLATION ADDRESS:2313 KINGS LAKE BLVD,NAPLES Date of Hearing Notice by Certified Mail: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/19/13 The Respondent was not present. 12 July 5,2013 Investigator Giguere presented the case noting the violation has been abated by the County. Abatement Date: 5/6/13 Fine Amount: $250.00/day Duration: 59 days Total Fine Amount: $14,750.00 Unpaid Abatement Costs: $1,312.50 Unpaid Operational Costs: $112.29 Total to Date: $16,174.79 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$16,174.79. Said amount to become a lien on the property. 5. CASE NO: CEPM20120012329 OWNER: TAYLOR,BEAN AND WHITAKER MORTGAGE CORP. OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231, SUBSECTIONS 12k, 12n,AND 15. SCREEN PANELS MISSING/TORN FOR POOL ENCLOSURE,FRONT DOOR MISSING HARDWARE,AND UNMAINTAINED SWIMMING POOL. FOLIO NO: 56570005408 VIOLATION ADDRESS: 717 CROSSFIELD CIRCLE,NAPLES Date of Hearing Notice by Certified Mail: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/20/13 The Respondents were not present. Supevisor Snow presented the case noting the violation has been abated by the County. Fine Amount: Part B: $250.00/day; Part D: $250.00 Duration: Part B: 69 days; Part D: 151 days Total Fine Amount: Part B: $17,250.00; Part D: $37,750.00 Unpaid Abatement Costs: $1,442.50 Unpaid Operational Costs: $112.56 Total to Date: $56,555.06 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$56,555.06. Said amount to become a lien on the property. 6. CASE NO: CEPM20130002401 OWNER: JOSE LANDIN-GARCIA AND MARIA LANDIN-GARCIA OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,CHAPTER 22, SECTION 22-242. UNSECURED SINGLE FAMILY HOME AND TWO UNSECURED SHEDS. FOLIO NO: 62153160000 VIOLATION ADDRESS: 5229 HOLLAND STREET,NAPLES Date of Hearing Notice by Certified Mail: 6/21/13 Date of Hearing Notice Property/Courthouse Posting: 6/21/13 The Respondents were not present. 13 July 5,2013 Investigator Kincaid presented the case noting the violation has been abated by the County. Fine Amount: $250.00/day Duration: 84 days Total Fine Amount: $21,000.00 Unpaid Abatement Costs: $1,345.00 Unpaid Operational Costs: $112.29 Total to Date: $22,457.29 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$22,457.29. Said amount to become a lien on the property. B. Rules and Regulations Review The Special Magistrate reported a review of the rules and regulations had been conducted and a determination was made they will stand as currently existing. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: 1. CASE NO: 2005080163 OWNER: SALVATORE CAVATAIO AND ANTOINETTE CAVATAIO OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: ORDINANCE 04-41,AS AMENDED, SECTION 2.01.00.ACCUMULATION OF WEEDS/GRASS IN EXCESS OF 18 INCHES FOLIO NO: 36448400003 VIOLATION ADDRESS:3024 49TH LANE SW,NAPLES Ms. Crawley reported the County wishes to rescind the Previously Issued Order as it was issued as a"Nusiance Abatement" instead of a"Motion for Imposition of Fines." The Special Magistrate GRANTED the County's request. VIII. CONSENT AGENDA 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: August 2, 2013 at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida 14 July 5,2013 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:07 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING �\�' ',Bre d. Garretson,pecial Magistrate The Minutes were proved by the Special Magistrate on fi, n i del 3 as presented , or as amended 15