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CESM Minutes 09/06/2013 Code Enforcement Special Magistrate Minutes September 6, 2013 September 6, 2013 MINUTES OF THE HEARING OF THE 2p13 ��-� _g 134 COLLIER COUNTY SPECIAL MAGISTRATE . r Naples, Florida, September 6, 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: Jeff Wright, Code Enforcement Director Kerry Adams, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: September 6,2013 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—August 2,2013 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time 1. CASE NO: CESD20130003571 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(l)(a).UNPERMITTED SHED ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 1 2. CASE NO: CEPM20130003794 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 ARTICLE VI, SECTION 22-231(12)(n). ROOF ON DETACHED GARAGE IN A STATE OF DISREPAIR. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 3. CASE NO: CEROW20120007725 OWNER: TOMASZ ULRICH,RICHARD CAMPANELLA,AND TERRY CAMPANELLA OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II, DIVISION 1, SECTIONS 110-30 AND 110-31(a). CULVERT AREA IS COLLAPSED AND DRAINAGE IS OBSTRUCTED. FOLIO NO: 27633480009 VIOLATION ADDRESS: 257 EGRET AVENUE,NAPLES V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: S0180320-CEEX20130010572 OWNER: GINA L.AKE OFFICER: DEPUTY ROGER HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: TARGET,PINE RIDGE ROAD,NAPLES 2. CASE NO: S0178419-CEEX20130010295 OWNER: JOANNE OLIVER OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA VIOLATION ADDRESS: 2385 ORANGE BLOSSOM,NAPLES 2 3. CASE NO: S0180368-CEEX20130010970 OWNER: EDWIN SCHNACKENBECK OFFICER: DEPUTY ROGER HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: HH GREGG,PINE RIDGE ROAD,NAPLES 4. CASE NO: S0180379-CEEX20130011466 OWNER: JACK RITTER OFFICER: DEPUTY ROGER HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: COSTCO,NAPLES BLVD,NAPLES 5. CASE NO: PR050748-CEEX20130011552 OWNER: DANIEL SCHRYVER OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 6. CASE NO: PR050725-CEEX20130010471 OWNER: DONALD NEALON OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 EXPIRED METER AND EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS: GULF SHORE ACCESS,NAPLES 7. CASE NO: PR048382-CEEX20130009171 OWNER: ISABEL GJIKA OFFICER: PARK RANGER KURT ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 LEFT VEHICLE IN THE PARK AFTER CLOSING HOURS VIOLATION ADDRESS: SUGDEN REGIONAL PARK,NAPLES 8. CASE NO: PU4545-CEEX20130011469 OWNER: DANIELA F. SUAREZ OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2005-44, SECTION 6 AND 7. LITTER ON RIGHT OF WAY CONSISTING OF SHEET ROCK. FOLIO NO: 45907320000 VIOLATION ADDRESS: 1031 19TH STREET SW,NAPLES 3 9. CASE NO: DAS13581-CEEX20130011432 OWNER: MARTHA CONTINO OFFICER: KYRA LYNCH VIOLATIONS: COLLIER COUNTY ORDINANCE 2013-33, SECTION 10-1(E). COMMIT ANIMAL CRUELTY,TORMENT ANY ANIMAL. VIOLATION ADDRESS: 6455 COLLEGE PARK CIRCLE#304,NAPLES 10. CASE NO: CEPM20130011727 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(2).NO RUNNING WATER TO OCCUPIED STRUCTURE. FOLIO NO: 65671240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE,NAPLES 11. CASE NO: CEROW20130004976 OWNER: SABRINA C. CHEANEY OFFICER: INVESTIGATOR CHRIS 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 12. CASE NO: CELU20120002552 OWNER: TOMATOES PLUS INC. OFFICER: INVESTIGATOR WELDON WALKER JR. VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03. STORING TRAILERS, SEMI TRACTOR,CARS,AND CAMPER TRAILERS. FOLIO NO: 63864560008 VIOLATION ADDRESS: 100 MADISON AVENUE E,UNIT A, IMMOKALEE 13. CASE NO: CEPM20130005782 OWNER: BANC OF AMERICA FUNDING CORP OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). GREEN UNMAINTAINED POOL. FOLIO NO: 80670840005 VIOLATION ADDRESS: 190 SILVERADO DRIVE,NAPLES 4 14. CASE NO: CEPM20130008117 OWNER: TERESITA PINO OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 ARTICLE VI, SECTION 22-231(12)(N)AND(15). POOL WATER DARK GREEN IN COLOR AND NOT PROPERLY MAINTAINED,AND SCREENS ON POOL ENCLOSURE ARE TORN. FOLIO NO: 36615400001 VIOLATION ADDRESS: 4261 1ST AVENUE SW,NAPLES 15. CASE NO: CEPM20130008260 OWNER: CHARLES H.FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND THE 2010 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17. UNMAINTAINED POOL AND NO POOL BARRIER. FOLIO NO: 37641240001 VIOLATION ADDRESS: 2860 8TH STREET NW,NAPLES 16. CASE NO: CEPM20130009214 OWNER: CHRISTOPHER S. CLEARY EST OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(i). DAMAGED GARAGE DOOR. FOLIO NO: 36119160009 VIOLATION ADDRESS: 4951 18TH CT SW,NAPLES 17. CASE NO: CEPM20130001358 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2004-58, SECTION 12. STRUCTURE IN DANGEROUS CONDITION. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE 18. CASE NO: CEAU20130001915 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). A DILAPIDATED WOODEN FENCE WITH MISSING SECTIONS. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE 5 19. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE, IMMOKALEE 20. CASE NO: CEPM20130003419 OWNER: JOHN R.SPRING JR OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND(19). MOLD ON EXTERIOR OF DWELLING AND POOL COVERING IN DISREPAIR. FOLIO NO: 69060112380 VIOLATION ADDRESS: 14120 MIRROR CT,NAPLES 21. CASE NO: CENA20130009370 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTIONS 54-179 AND 54-181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 22. CASE NO: CEPM20110012361 OWNER: MR. 99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING REGULATIONS,ARTICLE VI, SECTIONS 22-239,22-240(1)(a),AND 22-240(1)(b).A NONRESIDENTIAL STUCTURE NOT WATERTIGHT,WEATHER-TIGHT, INSECT PROOF,OR IN GOOD REPAIR.THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER-TIGHT,OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET, IMMOKALEE 23. CASE NO: CESD20130000703 OWNER: NAAC MORTGAGE PASS-THROUGH CT OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUTNY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). OWNER FAILED TO RECEIVE INSPECTIONS AND CERTIFICATE OF OCCUPANCY/COMPLETION ON PREVIOUSLY ISSUED PERMITS FOR A DETACHED GARAGE AND A WOODEN STOCKADE TYPE FENCE. FOLIO NO: 79640006 VIOLATION ADDRESS: 1109 PALM DRIVE, IMMOKALEE 6 24. CASE NO: CEPM20130008645 OWNER: MUSTAFA KEMAL ASLAN AND HITAY ASLAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND SECTION 22-242. UNMAINTAINED POOL AND UNSECURED SLIDING DOOR. FOLIO NO: 79904128585 VIOLATION ADDRESS: 7967 VALENTINA CT,NAPLES 25. CASE NO: CEROW20130001764 OWNER: DOUGLAS L. ALDRIDGE SR.AND CAROLYN J.ALDRIDGE OFFICER: INVESTIGATOR ERIC SHORT 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). TWO DRIVEWAYS ENTERING THE PROPERTY WITH DAMAGED/COLLAPSED DRAINAGE CULVERT PIPES. FOLIO NO: 95160007 VIOLATION ADDRESS: 725 SANCTUARY ROAD,NAPLES 26. CASE NO: CENA20130008902 OWNER: ALBERTA NEAL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(a). GRASS/WEEDS OVER 18 INCHES. FOLIO NO: 62423200001 VIOLATION ADDRESS: 785 107TH AVENUE N,NAPLES 27. CASE NO: CEPM20130009574 OWNER: GIUSEPPE SALVIA AND TANYA N. SALVIA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(i). BROKEN FRONT WINDOW FOR OCCUPIED DWELLING. FOLIO NO: 36237520000 VIOLATION ADDRESS: 5474 19TH PL SW,NAPLES 28. CASE NO: CENA20130010438 OWNER: ALFRED LEWIS JR OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(b). WEEDS/GRASS IN EXCESS OF 18 INCHES IN HEIGHT WITHIN 30 FEET OF RESIDENTIAL STRUCTURE. FOLIO NO: 45849120009 VIOLATION ADDRESS: 1040 11TH STREET SW,NAPLES 7 29. CASE NO: CENA20130010490 OWNER: GLEN FARGO OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(a). GRASS IN EXCESS OF 18 INCHES. FOLIO NO: 73930520001 VIOLATION ADDRESS: 1297 POMPEI LANE,NAPLES 30. CASE NO: CEOCC20120004526 OWNER: MAMA ARNOLD LLC OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 126,ARTICLE IV, SECTION 126-111(b). OPERATING A BUSINESS WITHOUT A LOCAL BUSINESS TAX RECEIPT(BTR). FOLIO NO: 279560009 VIOLATION ADDRESS: 4651 ARNOLD AVENUE,NAPLES 31. CASE NO: CEPM20130009534 OWNER: GEORGE O.RAMOS AND NANCY ADRIANA RAMOS OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILIDG REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND(19). MOLD ON EXTERIOR OF BUILDING AND POOL IS UNMAINTAINED. FOLIO NO: 78698104845 VIOLATION ADDRESS: 2707 ORANGE GROVE TRAIL,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20120018075 OWNER: RUTH D. MOAK OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 ARTICLE VI, SECTION 22-231(12)(b),22-242 AND 22-241(1). A VACANT HOME WITH EXTERIOR WALLS IN DETERIORATING CONDITION. FOLIO NO: 52394400005 VIOLATION ADDRESS: 151 TAHITI CIRCLE,NAPLES 8 2. CASE NO: CESD20100007028 OWNER: ABFC 2006-HE1 TRUST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 40179400009 VIOLATION ADDRESS: 3577 RANDALL BLVD,NAPLES 3. 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 4. CASE NO: CEPM20120014421 OWNER: JESUS SOLARTE EST OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(P). WHAT APPEARS TO BE MOLD THROUGHOUT UNIT AND HOLES IN CEILING DUE TO DETERIORATION CAUSED BY WATER DAMAGE. FOLIO NO: 54201480006 VIOLATION ADDRESS: 3411 BOCA CIEGA DRIVE,NAPLES 5. CASE NO: CEPM20120018809 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 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 (12)(c),(12)(i),&(12)(b). DAMAGED ROOF,EXTERIOR WALL AND WINDOWS. FOLIO NO: 36319960009 VIOLATION ADDRESS: 5349 GOLDEN GATE PARKWAY,NAPLES 9 6. CASE NO: CEPM20120016004 OWNER: ELLA III LLC OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231, SUBSECTIONS(12)(b), (12)(i),AND(12)(k). A VACANT SINGLE WIDE MOBILE HOME IN A STATE OF DISREPAIR,BROKEN WINDOWPANES AND SCREENS, BROKEN DOORS,EXTERIOR WALL AND ROOF LINE ARE FRACTURED. FOLIO NO: 00133480005 VIOLATION ADDRESS: 459 811-1 STREET S,UNIT B,IMMOKALEE 7. CASE NO: CEPM20130002570 OWNER: DON R.VEHLHABER AND KATHLEEN K. VEHLHABER OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(n)AND SECTION 22-231 (15). UNMAINTAINED SWIMMING POOL WITH DETERIORATING COVER AND TORN SCREEN ON POOL ENCLOSURE. FOLIO NO: 66679710707 VIOLATION ADDRESS: 5847 WHISPERWOOD COURT,NAPLES 8. CASE NO: CEPM20130002736 OWNER: VIRGILIO VALDES AND ELIZABETH VALDES OFFICER: INVESTIGATOR ART FORD 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 9. 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 10. CASE NO: CEPM20130001261 OWNER: JOHN P. WAARA OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). UNMAINTAINED POOL. FOLIO NO: 82539880007 VIOLATION ADDRESS: 223 KIRTLAND DRIVE,NAPLES 10 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEPM20130005552 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (11).NO ELECTRICITY POWER TO THE HOUSE. FOLIO NO: 6571240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE,NAPLES B. Motion to Rescind Previously Issued Order: 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: October 4, 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 11 September 6, 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 9:00 A.M. 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: 9:10 a.m. Reconvened: 9:35 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Administrative Secretary, noted the following changes (listed below as Agenda item numbers): Under item V.B — Hearings, the following cases were moved to V.A — Stipulations: • #12 - CASE NO: CELU20120002552 - TOMATOES PLUS INC. • #19 - CASE NO: CESD20120008509 - DONNA KAYE YZAGUIRRE • #22 - CASE NO: CEPM20110012361 - MR. 99 CENTS INC Under item V.B — Hearings, the following cases were withdrawn: • #3 - CASE NO: S0180368- CEEX20130010970 - EDWIN SCHNACKENBECK • #4 - CASE NO: S0180379- CEEX20130011466 - JACK RITTER • #6 - CASE NO: PR050725- CEEX20130010471 - DONALD NEALON • #7 - CASE NO: PR048382- CEEX20130009171 - ISABEL GJIKA • #9 - CASE NO: DAS13581- CEEX20130011432 - MARTHA CONTINO • #11 - CASE NO: CEROW20130004976 - SABRINA C. CHEANEY • #25 - CASE NO: CEROW20130001764 - DOUGLAS L. ALDRIDGE SR. AND CAROLYN J. ALDRIDGE • #26 - CASE NO: CENA20130008902 - ALBERTA NEAL • #27 - CASE NO: CEPM20130009574 - GIUSEPPE SALVIA AND TANYA N. SALVIA • #30 - CASE NO: CEOCC20120004526 - MAMA ARNOLD LLC • #31 - CASE NO: CEPM20130009534 - GEORGE O. RAMOS AND NANCY ADRIANA RAMOS Under item VILA — Motion to Rescind Previously Issued Order, the following case was added: • #1 — CASE NO: CEPM20130005552 - DORIS LEE STATON ROSO AND SHEILA JAMESON The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES — August 2, 2013 The minutes of the August 2, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. September 6, 2013 IV. MOTIONS A. Motion for Reduction /Abatement of Fines None B. Motion for Continuance None C. Motion for Extension of Time 1. CASE NO: CESD20130003571 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). UNPERMITTED SHED ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET, NAPLES The Respondent was not present, but submitted the request in writing. Investigator Kincaid represented the County and reported he had no objection to the request. The Special Magistrate GRANTED the Motion for an Extension of Time until December 6, 2013. 2. CASE NO: CEPM20130003794 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22- 231(12)(n). ROOF ON DETACHED GARAGE IN A STATE OF DISREPAIR. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET, NAPLES The Respondent was not present, but submitted a request in writing. Investigator Kincaid represented the County and reported he had no objection to the request. The Special Magistrate GRANTED the Motion for an Extension of Time until December 6, 2013. CASE NO: CEROW20120007725 OWNER: TOMASZ ULRICH, RICHARD CAMPANELLA, AND TERRY CAMPANELLA OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, DIVISION 1, SECTIONS 110 -30 AND 110- 31(a). CULVERT AREA IS COLLAPSED AND DRAINAGE IS OBSTRUCTED. FOLIO NO: 27633480009 VIOLATION ADDRESS: 257 EGRET AVENUE, NAPLES Richard Campanella requested an Extension of Time as the current weather conditions prohibit the work from being completed. Investigator Snow represented the County and reported he had no objection to the request. The Special Magistrate GRANTED the Motion for an Extension of Time until November 6, 2013. V. PUBLIC HEARINGS A. Stipulations September 6, 2013 1. CASE NO: CELU20120002552 OWNER: TOMATOES PLUS INC. OFFICER: INVESTIGATOR WELDON WALKER JR. VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 2.02.03. STORING TRAILERS, SEMI TRACTOR, CARS, AND CAMPER TRAILERS. FOLIO NO: 63864560008 VIOLATION ADDRESS: 100 MADISON AVENUE E, UNIT A, IMMOKALEE Investigator Walker represented the County and reported Juan Acevedo was the owner of the property in question. The Stipulation was entered into by Respondent's representative Juan Acevedo August 29, 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 $112.20 incurred in the prosecution of the case by October 6, 2013. 2. Abate all violations by removing all unauthorized storage of vehicles /trailers of and type to a site intended for such use on or before March 6, 2014 or a fine of $150.00 a day will be imposed 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 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 Sheriff s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (13)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE, IMMOKALEE Investigator Walker requested the hearing. The Stipulation was entered into by the Respondent Donna Yzaguirre on August 29, 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 this case by October 6, 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 on or before March 6, 2014 or a fine of $150.00 per day will be September 6, 2013 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 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 3. CASE NO: CEPM20110012361 OWNER: MR. 99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING REGULATIONS, ARTICLE VI, SECTIONS 22-239,22-240 (1)(a), AND 22- 240(1)(b). A NONRESIDENTIAL STUCTURE NOT WATERTIGHT, WEATHER - TIGHT, INSECT PROOF, OR IN GOOD REPAIR. THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER- TIGHT, OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET, IMMOKALEE Supervisor Perez requested the hearing and reported Diamil Hassam was an Officer of the Corporation. The Stipulation was entered into by the Respondent's representative Diamil Hassam on September 4, 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 the Operational Costs of $112.12 incurred by Code Enforcement during the prosecution of the case on or before October 6, 2013. 2. Abate the violation by obtaining required Collier County Building Permits to restore the building or Demolition Permit to remove the building and all related debris to a site intended for final disposal, request inspections, and obtain a Certificate of Completion /Occupancy on or before January 6, 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 or, 3. Obtain a valid issued Collier County Boarding Certificate by October 6, 2013 or a fine of $250.00 per day will be imposed until the structure is boarded and obtain all required Collier County Building Permits(s) to restore the building or Demolition Permit to remove the building all related debris to a site intended for final disposal, request inspections, and obtain a Certificate of Completion /Occupancy on or before March 6, 2014 or a fine of $250.00 per day will be imposed until the violation is abated. 4. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. S. 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. September 6, 2013 Total Amount Due: $112.12 B. Hearings 1. CASE NO: S0180320- CEEX20130010572 OWNER: GINA L. AKE OFFICER: DEPUTY ROGER HILL VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: TARGET, PINE RIDGE ROAD, NAPLES Deputy Hill represented the County County Evidence Entered: Exhibit A: 1 photo dated 7/19/13. The Respondent was represented by Julie Rachon, the driver of the vehicle. Respondent Evidence Entered: Exhibit A: - Letter from Main St. Medical Group dated 7/23/13. Ms. Rachon testified: • She recently had surgery on her foot which left her with a "handicapped" condition. • She was not issued a handicap parking certificate following the surgery. • She travelled to the store, and upon arrival and canvassing the parking lot, there were no non - handicap parking spaces available. • There were numerous handicap parking spaces available and she parked in a handicap space furthest away from the entrance to the store. • Upon exiting the store, after 1 hour of shopping, she made contact with the officer who had issued the citation, explained her condition; however he did not rescind the citation. • She presented a letter from Main St. Medical Group verifying her surgery. • She requested the citation be dismissed given her condition on the day of the incident and her care to occupy the handicap space furthest from the entrance of the establishment. Deputy Hill testified: • He was on routine patrol on 7/19/13 when he observed the Respondent's vehicle occupying a parking space reserved for handicapped persons. • The vehicle was not displaying the proper authorizations for handicap parking. • Accordingly, a citation was issued for occupying a handicap parking space without displaying the proper authorization. The Special Magistrate noted: 1. County's Exhibit A shows a vacant, non - handicap reserved parking space in the row of parking behind the vehicle in question. 2. It is not the officer's function to determine whether an individual should be allowed to occupy a parking space reserved for handicapped patrons upon visual inspection of an individual's condition. After hearing the evidence the Special Magistrate UPHELD Issuance of the Citation and ordered the Respondent to pay a $250.00 Fine, $50.00 Operational Costs and $5.00 Administrative Fee for a total amount due of $305.00 on or before October 6, 2013. Total Amount Due: $305.00 September 6, 2013 CASE NO: S0178419- CEEX20130010295 OWNER: JOANNE OLIVER OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 UNLAWFUL AREA VIOLATION ADDRESS: 2385 ORANGE BLOSSOM, NAPLES Officer Robins represented the County. Evidence Entered: Exhibit A: 1 photo dated 7/27/13 Composite Exhibit B: 2 photos dated 8/24/13 Ms. Oliver was present and testified: • On 7/23/13 she travelled to the County Library on Orange Blossom Drive to return DVD's. There were no available parking spaces so she parked on the grass adjacent to the pavement. Upon exiting the facility she discovered she had been issued a citation for parking on the grass. She did not know it was a violation to park on the grass and indicated the area is not properly identified as "no parking." Officer Robins testified there are signs in the area which indicate the parking restrictions. After hearing testimony and reviewing the evidence, the Special Magistrate took the case UNDER ADVISEMENT in order to conduct a site visit. VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. CASE NO: CEPM20120014421 OWNER: JESUS SOLARTE EST OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (12)(P). WHAT APPEARS TO BE MOLD THROUGHOUT UNIT AND HOLES IN CEILING DUE TO DETERIORATION CAUSED BY WATER DAMAGE. FOLIO NO: 54201480006 VIOLATION ADDRESS: 3411 BOCA CIEGA DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 The Respondent was not present. Supervisor Letourneau presented the case noting the violation has not been abated. Special Magistrate Order: 6/7/13; No. 4937 Page: 123 Fine Amount: $250.00 /day Duration: Part B: 6/15/13 — 9/6/13 (84 days) - Part C: 6/15/13 — 9/6/13 (84 days) Total Fine Amount: Part B: $21,000.00 —Part C: $21,000.00 Unpaid Operational Costs: $112.47 Total to Date: $42,112.47 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 $42,112.47. Said amount to become a lien on the property with fines continuing to accrue. September 6, 2013 V. PUBLIC HEARINGS (Continued B. Hearings 5. CASE NO: PR050748- CEEX20130011552 OWNER: DANIEL SCHRYVER OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK, NAPLES Date of Hearing Notice by Certified Mail: 8/20/13 Ranger Maunz was present. The Respondent was not present. Evidence Entered: Composite Exhibit A: 4 photos. Ranger Maunz testified on the day of the incident (August 18, 2012) 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. Total Amount Due: $85.00 CASE NO: PU4545- CEEX20130011469 OWNER: DANIELA F. SUAREZ OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2005 -44, SECTION 6 AND 7. LITTER ON RIGHT OF WAY CONSISTING OF SHEET ROCK. FOLIO NO: 45907320000 VIOLATION ADDRESS: 1031 19TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Investigator Sanchez presented the case. Evidence entered: Exhibit A: 1 photo dated 9/5/13 The violation remains as of 9/5/13 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 $55.00 incurred in the prosecution of this case by October 6, 2013. 2. Pay a fine of $250.00 by October 6, 2013. 3. Pay an Administrative Fee of $5.00 by October 6, 2013. 2. Abate the violation by removing all unauthorized and accumulated litter and any and all abandoned or derelict property from the location in question to a site intended for final disposal, or store said items in a completely enclosed structure by September 20, 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. September 6, 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 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: $310.00 10. CASE NO: CEPM20130011727 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(2). NO RUNNING WATER TO OCCUPIED STRUCTURE. FOLIO NO: 65671240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/23/13 Investigator Connetta presented the case noting the case is a repeat violation. The Respondents were not present. Evidence Entered: Exhibit A: Photos dated 8/21/13 and 8/23/13 The violation remains as of 9/5/13. 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 $112.47 incurred in the prosecution of the case by October 6, 2013. 2. Abate the violation by restoring the water to the property with an active account with Collier County Public Utilities or vacate the premise until an account with Collier County Public Utilities is established and water has been restored to property by September 20, 2013 or a fine of $500.00 per day will be imposed each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. In the event the Respondent does not comply with #2 above, all buildings on the property are to be vacated and the County may use the assistance of the Collier County Sheriffs Office to effectuate the order to vacate. 4. This order shall remain in effect until such time there is an active account with Collier County Public Utilities. 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. 9 September 6, 2013 Total Amount Due: $112.47 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEPM20130005552 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (11). NO ELECTRICITY POWER TO THE HOUSE. FOLIO NO: 6571240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE, NAPLES The Special Magistrate GRANTED the County's motion to Amend a Previously Issued Order. B. Motion to Rescind Previously Issued Order: 1. CASE NO: CEPM20130005552 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (11). NO ELECTRICITY POWER TO THE HOUSE. FOLIO NO: 6571240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE, NAPLES The Special Magistrate GRANTED the County's motion to Rescind a Previously Issued Order. V. PUBLIC HEARINGS (Continued B. Hearings 13. CASE NO: CEPM20130005782 OWNER: BANC OF AMERICA FUNDING CORP OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). GREEN UNMAINTAINED POOL. FOLIO NO: 80670840005 VIOLATION ADDRESS: 190 SILVERADO DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Investigator McGonagle presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 9/5/13 The violation remains as of 9/5/13. 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 October 6, 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 September 13, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 10 September 6, 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 September 13, 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: $112.20 14. CASE NO: CEPM20130008117 OWNER: TERESITA PINO OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22- 231(12)(N) AND (15). POOL WATER DARK GREEN IN COLOR AND NOT PROPERLY MAINTAINED, AND SCREENS ON POOL ENCLOSURE ARE TORN. FOLIO NO: 36615400001 VIOLATION ADDRESS: 4261 1ST AVENUE SW, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 Investigator Crawley presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 6/6/13 The violation remains as of 9/6/13. 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 $112.47 incurred by Code Enforcement during the prosecution of the case on or before October 6, 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 September 13, 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 September 13, 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 by September 13, 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 11 September 6, 2013 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: $112.47 Break: 11:04 a.m. Reconvened: 11:20 a.m. 15. CASE NO: CEPM20130008260 OWNER: CHARLES H. FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15) AND THE 2010 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17. UNMAINTAINED POOL AND NO POOL BARRIER. FOLIO NO: 37641240001 VIOLATION ADDRESS: 2860 8TH STREET NW, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Supervisor Bosa presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 6/11/13 The violation remains as of 9/5/11. 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 $112.91 incurred by Code Enforcement during prosecution of the case on or before October 6, 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 September 13, 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 September 13, 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. Obtain all Collier County Building permits, Certificates of Completion/Occupancy to erect a permanent pool enclosure or protective barrier on or before September 13, 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. 12 September 6, 2013 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: $112.91 16. CASE NO: CEPM20130009214 OWNER: CHRISTOPHER S. CLEARY EST OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(12)(1). DAMAGED GARAGE DOOR. FOLIO NO: 36119160009 VIOLATION ADDRESS: 4951 18TH CT SW, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 Supervisor Mucha presented the case. The Respondent was not present. The violation remains as of 9/5/13 Evidence entered: Exhibit A: 1 photo dated 7/1/13 Exhibit B: 1 photo dated 8/5/13 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 $112.29 incurred by Code Enforcement during prosecution of the case on or before October 6, 2013. 2. Abate all violation by obtaining all required Collier County Building Permits, inspections and a Certificate of Completion /Occupancy to repair the garage door on or before October 6, 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 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 17. CASE NO: CEPM20130001358 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2004 -58, SECTION 12. STRUCTURE IN DANGEROUS CONDITION. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/15/13 Investigator Rodriguez presented the case. The Respondent was not present. 13 September 6, 2013 Evidence entered: Composite Exhibit A: 9 photos dated 1/17/13 The violation remains as of 9/5/13 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 $112.29 incurred by Code Enforcement during prosecution of the case on or before October 6, 2013. 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy to restore the structure to a permitted condition in accordance with the Collier County Property Maintenance Ordinance or remove the structure and all related debris on or before September 21, 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 to the required specifications by September 16, 2013 and obtain all required Collier County Building Permits, inspections and a Certificate of Completion /Occupancy to restore the structure to a permitted condition in accordance with the Collier County Property Maintenance Ordinance or remove the structure and related debris within 180 days of the Boarding Certificate 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 the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 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: $112.29 18. CASE NO: CEAU20130001915 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED, SECTION 5.03.02(F)(3). A DILAPIDATED WOODEN FENCE WITH MISSING SECTIONS. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE Date of Hearing Notice by Certified Mail: 8/21 /13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Investigator Rodriguez presented the case. Evidence entered: Composite Exhibit A: 2 photos dated 2/7/13 The violation remains as of 9/6/13. 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 $112.12 incurred in the prosecution of this case by October 6, 2013. 2. Abate all violations by obtaining all required Collier County Building Permit(s), and required inspections and Certificate of Completion to permit the fence or remove the fence by October 6, 2013 or a fine of $100.00 per day will be imposed until the violation has been 14 September 6, 2013 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: $112.12 20. CASE NO: CEPM20130003419 OWNER: JOHN R. SPRING JR OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15) AND (19). MOLD ON EXTERIOR OF DWELLING AND POOL COVERING IN DISREPAIR. FOLIO NO: 69060112380 VIOLATION ADDRESS: 14120 MIRROR CT, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Supervisor Bosa presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 3/7/13 Exhibit B: 1 photo dated 3/8/13 The violation remains as of 9/5/13. 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 $112.47 incurred by Code Enforcement during the prosecution of the case on or before October 6, 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 September 13, 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 September 13, 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. Remove all mold from the exterior of the structure using approved methods on or before September 13, 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. S. 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 15 September 6, 2013 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: $112.47 (Case No. 24 and No. 28 were heard next) 24. CASE NO: CEPM20130008645 OWNER: MUSTAFA KEMAL ASLAN AND HITAY ASLAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(15) AND SECTION 22 -242. UNMAINTAINED POOL AND UNSECURED SLIDING DOOR. FOLIO NO: 79904128585 VIOLATION ADDRESS: 7967 VALENTINA CT, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Supervisor Bosa presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 2 photos dated 6/18/13 The violation remains as of 9/5/13. 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 $112.73 incurred by Code Enforcement during the prosecution of the case on or before October 6, 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 September 13, 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 September 13, 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. Take all necessary measures to secure the sliding door September 13, 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. 16 September 6, 2013 Total Amount Due: $112.73 28. CASE NO: CENA20130010438 OWNER: ALFRED LEWIS JR OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54- 185(b). WEEDS /GRASS IN EXCESS OF 18 INCHES IN HEIGHT WITHIN 30 FEET OF RESIDENTIAL STRUCTURE. FOLIO NO: 45849120009 VIOLATION ADDRESS: 1040 111H STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Supervisor Bosa presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 7/26/13 The violation remains as of 9/5/13 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 October 6, 2013. 2. Abate all violations by mowing all weeds, grass or similar non protective overgrowth in excess of 18 inches to a height of no more than 6 inches by September 13, 2013 or pay a fine of $100.00 a 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 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 21. CASE NO: CENA20130009370 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTIONS 54 -179 AND 54 -181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 Investigator Kincaid presented the case. Evidence entered: Exhibit A: 1 photo dated 7/2/13 17 September 6, 2013 Exhibit B: 1 photo dated 8/20/13 Exhibit C: 1 photo dated 9/5/13 The violation remains as of 9/5/13 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 this case by October 6, 2013. 2. Pay a Civil Penalty of $500.00 for a repeat violation by October 6, 2013. 3. Abate the violation by removing all litter and dispose of in a site intended for final disposal, or store said items in a completely enclosed structure by September 20, 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. 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: $112.38 23. CASE NO: CESD20130000703 OWNER: NAAC MORTGAGE PASS - THROUGH CT OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUTNY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). OWNER FAILED TO RECEIVE INSPECTIONS AND CERTIFICATE OF OCCUPANCY /COMPLETION ON PREVIOUSLY ISSUED PERMITS FOR A DETACHED GARAGE AND A WOODEN STOCKADE TYPE FENCE. FOLIO NO: 79640006 VIOLATION ADDRESS: 1109 PALM DRIVE, IMMOKALEE Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 Investigator Rodriguez presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 1/17/13 The violation remains as of 9/5/13 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 $112.29 incurred in the prosecution of the case by October 6, 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 by October 6, 2013 or a fine of $200.00 per day will be imposed 18 September 6, 2013 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: $112.29 29. CASE NO: CENA20130010490 OWNER: GLEN FARGO OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54- 185(a). GRASS IN EXCESS OF 18 INCHES. FOLIO NO: 73930520001 VIOLATION ADDRESS: 1297 POMPEI LANE, NAPLES Date of Hearing Notice by Certified Mail: 8/21/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 Investigator Box presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 8/15/13 The violation remains as of 9/5/13 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 $112.29 incurred in the prosecution of the case by October 6, 2013. 2. Abate all violations by mowing all weeds, grass or similar non protective overgrowth in excess of 18 inches to a height of no more than 6 inches by September 13, 2013 or pay a fine of $100.00 a 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 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 C. Emergency Cases: None 19 September 6, 2013 VI. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: 1. CASE NO: CEPM20120018075 OWNER: RUTH D. MOAK OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22- 231(12)(b), 22 -242 AND 22- 241(1). A VACANT HOME WITH EXTERIOR WALLS IN DETERIORATING CONDITION. FOLIO NO: 52394400005 VIOLATION ADDRESS: 151 TAHITI CIRCLE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 The Respondent was not present. Supervisor Letourneau presented the case noting the violation has not been abated. Special Magistrate Order: 6/7/13 Fine Amount: $100.00 /day Duration: 61 days Total Fine Amount: $6,100.00 Unpaid Operational Costs: $112.64 Total to Date: $6,212.64 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 $6,212.64. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CESD20100007028 OWNER: ABFC 2006 -HE1 TRUST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 40179400009 VIOLATION ADDRESS: 3577 RANDALL BLVD, NAPLES Date of Hearing Notice by Certified Mail: 8/22/13 Date of Hearing Notice Property /Courthouse Posting: 8/21/13 The Respondents were not present. Supervisor Bosa presented the case noting the violation has not been abated. Special Magistrate Order: 2/3/12 Fine Amount: $200.00 /day Duration: 62 days Total Fine Amount: $12,400.00 Unpaid Operational Costs: $112.29 Total to Date: $12,512.29 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 $12,512.29. Said amount to become a lien on the property with fines continuing to accrue. 20 September 6, 2013 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: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/27/13 The Respondent was not present. Investigator Snow presented the case noting the violation has not been abated. Special Magistrate Order: 7/5/13 Fine Amount: $100.00 /day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $112.64 Total to Date: $3,312.64 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 $3,312.64. Said amount to become a lien on the property with fines continuing to accrue. CASE NO: CEPM20120018809 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 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 (12)(c), (12) (i), & (I 2)(b). DAMAGED ROOF, EXTERIOR WALL AND WINDOWS. FOLIO NO: 36319960009 VIOLATION ADDRESS: 5349 GOLDEN GATE PARKWAY, NAPLES Supervisor Mucha reported the violation has been abated and the Operational Costs paid. He recommended the fines be waived. The Special Magistrate DENIED the County's Motion for the Imposition of Fines. 6. CASE NO: CEPM20120016004 OWNER: ELLA III LLC OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22 -231, SUBSECTIONS (12)(b), (12)(i), AND (12)(k). A VACANT SINGLE WIDE MOBILE HOME IN A STATE OF DISREPAIR, BROKEN WINDOWPANES AND SCREENS, BROKEN DOORS, EXTERIOR WALL AND ROOF LINE ARE FRACTURED. FOLIO NO: 00133480005 VIOLATION ADDRESS: 459 8TH STREET S, UNIT B, IMMOKALEE Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 The Respondents were not present. 21 September 6, 2013 Supervisor Perez presented the case noting the violation has been abated by the County. Fine Amount: $250.00 /day Duration: 147 days Total Fine Amount: $36,750.00 Unpaid Abatement Costs: $1,562.35 Unpaid Operational Costs: $112.38 Total to Date: $38,424.73 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 $38,424.73. Said amount to become a lien on the property. 7. CASE NO: CEPM20130002570 OWNER: DON R. VEHLHABER AND KATHLEEN K. VEHLHABER OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(12)(n) AND SECTION 22 -231 (15). UNMAINTAINED SWIMMING POOL WITH DETERIORATING COVER AND TORN SCREEN ON POOL ENCLOSURE. FOLIO NO: 66679710707 VIOLATION ADDRESS: 5847 WHISPERWOOD COURT, NAPLES Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/27/13 The Respondents were not present. Investigator Snow presented the case noting the violation has been abated by the County. Special Magistrate Order: 6/7/13 Fine Amount: Part B: $250.00 /day; Part D: $250.00 /day Duration: Part B: 48 days; Part D: 48 days Total Fine Amount: Part B: $12,000.00; Part D: $12,000.00 Unpaid Abatement Costs: $1,134.50 Unpaid Operational Costs: $112.56 Total to Date: $25,247.06 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 $25,247.06. Said amount to become a lien on the property. 8. CASE NO: CEPM20130002736 OWNER: VIRGILIO VALDES AND ELIZABETH VALDES OFFICER: INVESTIGATOR ART FORD 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 Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 The Respondents were not present. Supervisor Letourneau presented the case noting the violation has been abated by the County. Special Magistrate Order: 5/3/13 22 September 6, 2013 Fine Amount: Part B: $250.00 /day; Part D: $250.00 Duration: Part B, D: 119 days Total Fine Amount: Part B: $29,750.00; Part D: $29,750.00 Unpaid Abatement Costs: $1,651.00 Unpaid Operational Costs: $112.29 Total to Date: $61,263.29 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 $61,263.29. Said amount to become a lien on the property. 9. 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: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/20/13 The Respondent was not present. Supervisor Perez presented the case noting the violation has been abated by the County. Special Magistrate Order: 5/3/13 Fine Amount: $250.00 /day Duration: 95 days Total Fine Amount: $23,750.00 Unpaid Abatement Costs: $195.00 Unpaid Operational Costs: $112.73 Total to Date: $24,057.73 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 $24,057.73. Said amount to become a lien on the property. 10. CASE NO: CEPM20130001261 OWNER: JOHN P. WAARA OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 82539880007 VIOLATION ADDRESS: 223 KIRTLAND DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/13 Date of Hearing Notice Property /Courthouse Posting: 8/27/13 The Respondent was not present. Investigator Snow presented the case noting the violation has been abated by the County. 23 September 6, 2013 Special Magistrate Order: 6/7/13 Fine Amount: $250.00 /day Duration: 54 days Total Fine Amount: $13,500.00 Unpaid Abatement Costs: $1,319.70 Unpaid Operational Costs: $112.64 Total to Date: $14,932.34 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 $14,932.34. Said amount to become a lien on the property. 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: October 4, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 Tamiami Trail East, 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 12:46 p.m. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 0 Bxet�d- Garrets o pecial Magistrate The Minutes were appro d by the Special Magistrate on as presented , or as amended 24