CESM Minutes 10/04/2013 Code Enforcement
Special Magistrate
Minutes
October 4, 2013
October 4, 2013
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 4, 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, Director, Code Enforcement
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: October 4, 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
11. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES —September 6, 2013
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
S0180466- CEEX20130013269
OWNER:
JAMES ROUDABUSH
OFFICER:
DEPUTY ROGER HILL
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: ORANGE BLOSSOM LIBRARY, NAPLES
2. CASE NO: S0180476- CEEX20130007905
OWNER: JEFFREY GARGIULO
OFFICER: DEPUTY ROGER HILL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: VANDERBILT BEACH TURN AROUND, NAPLES
3. CASE NO: S0157716- CEEX20130004436
OWNER: KIMBERLY GATES
OFFICER: DEPUTY G. SCHORE
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA
VIOLATION
ADDRESS: 5080 ANNUNCIATION CIRCLE, AVE MARIA
4. CASE NO: S0180382- CEEX20130011889
OWNER: LEONARD CAPALDI
OFFICER: DEPUTY ROGER HILL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: VANDERBILT BEACH TURN AROUND, NAPLES
5. CASE NO: PU4801- CEEX20130013362
OWNER: GENTILHOMME LOUISSAINT AND JEAN SAUREL LOUISSAINT
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW & ORDINANCE 118 -104, SECTION 3L
YARD WASTE CURBSIDE NOT PROPERLY PREPARED.
FOLIO NO: 65070600006
VIOLATION
ADDRESS: 520 PALMETTO AVENUE, IMMOKALEE
6. CASE NO: DAS13517- CEEX20130011780
OWNER: ANIUSKA ALMARAL
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION B
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: 28353 11T AVENUE NE, NAPLES
7. CASE NO: DAS13518- CEEX20130011781
OWNER: ANIUSKA ALMARAL
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION B
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: 28353 IlT AVENUE NE, NAPLES
8. CASE NO: DAS13591- CEEX20130011821
OWNER: DAVID GOSSETT
OFFICER: KYRA LYNCH
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION (1) (B).
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: MARCELLO CIRCLE, NAPLES
9. CASE NO: DAS13593- CEEX20130011822
OWNER: HOLLY GOSSETT AND DAVID GOSSETT
OFFICER: KYRA LYNCH
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION (1) (B).
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: MARCELLO CIRCLE, NAPLES
10. CASE NO: CESD20120007103
OWNER: HARRY MARTENS AND VIRGINIA S. MARTENS
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(A). NEW AIR CONDITIONING INSTALLED WITHOUT OBTAINING
PERMITS.
FOLIO NO: 23907501841
VIOLATION
ADDRESS: 6216 BELLERIVE AVENUE #1702, NAPLES
11. CASE NO: CELU20130006249
OWNER: RANDOLPH CODNER AND VAN B. RHONE
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
1.04.01(A) AND 2.02.03. VEHICLE STORED ON UNIMPROVED ESTATES ZONED
PROPERTY.
FOLIO NO: 41162840002
VIOLATION
ADDRESS: NO SITE ADDRESS
12. CASE NO: CEPM20130006005
OWNER: DAVID A. VERTIN AND CHRISTINE C. VERTIN
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15) AND (12)(N). POOL COVERING IN A STATE OF DISREPAIR AND
POOL ENCLOSURE MISSING SCREENS.
FOLIO NO: 55002240004
VIOLATION
ADDRESS: 271 BAY MEADOWS DRIVE, NAPLES
13. CASE NO: CENA20130007554
OWNER: JAMES J KELLEY SR EST
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(A). WEEDS IN EXCESS OF 18 INCHES IN HEIGHT ON MOWABLE
LOT.
FOLIO NO: 734280002
VIOLATION
ADDRESS: 1227 SKYLINE DRIVE, NAPLES
14. CASE NO: CEV20130010193
OWNER: RITA N. QUEEN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130- 97(3). TRAILERS BEING STORED ON THE SIDE OF THE HOME.
FOLIO NO: 36118040007
VIOLATION
ADDRESS: 1700 51ST STREET SW, NAPLES
15. CASE NO: CENA20130012648
OWNER: TERRY DILOZIR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(A). REPEAT VIOLATION OF WEEDS AND GRASS IN EXCESS OF 18
INCHES IN HEIGHT.
FOLIO NO: 62093680006
VIOLATION
ADDRESS: 5322 CATTS STREET, NAPLES
16. CASE NO:
CEPM20130009661
OWNER:
SHULAMIT INVESTMENTS LLC
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). UNMAINTAWED POOL.
FOLIO NO:
66262005748
VIOLATION
ADDRESS:
236 BACKWATER COURT, NAPLES
17. CASE NO: CESD20130006042
OWNER: MARTHA GUERRERO
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(A). ALTERATIONS TO STRUCTURE WITHOUT APPLICABLE COLLIER
COUNTY PERMITS.
FOLIO NO: 62257960009
VIOLATION
ADDRESS: 5238 TEXAS AVENUE, NAPLES
18. CASE NO: CENA20130009779
OWNER: KATHRYN KESSLER
OFFICER: INVESTIGATOR CHRIS SUNDLEE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54 -179. LARGE PILE OF HOUSEHOLD BELONGINGS, LITTER, AND TRASH
ON BACK LANAI SEVERAL FEET IN HEIGHT.
FOLIO NO: 62781480000
VIOLATION
ADDRESS: 805 99TH AVENUE N, NAPLES
19. CASE NO: CEPM20130010878
OWNER: ANDREW D. CLARKE AND SANDRA ANN JONES
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15).
AN UNMAINTAINED POOL WITH ALGAE GROWTH.
FOLIO NO: 81216008925
VIOLATION
ADDRESS: 812 GRAND RAPIDS BLVD, NAPLES
20. CASE NO: CENA20130011213
OWNER: ROBERT HOOVER TR
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ENVIRONMENTAL, ARTICLE VI, WEEDS, LITTER, AND EXOTICS, SECTION 54 -179
AND 54- 185(B), AND UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54 -181.
WEEDS OVER 18 INCHES AROUND THE HOME AND LITTER ON THE PROPERTY.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 25TH STREET SW, NAPLES
21. CASE NO: CEPM20130011142
OWNER: ROBERT HOOVER TR
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
PROPERTY MAINTENANCE CODE, SECTION 22- 231(11) AND (I 2)(C). NO
ELECTRICITY AND ROOF DAMAGE TO OCCUPIED DWELLING.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 25TH STREET SW, NAPLES
22. CASE NO: DAS13644- CEEX20130013142
OWNER: GEORGE ALLAN
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, ARTICLE II,
SECTION 14 -34 (1)(B), RUNNING AT LARGE.
VIOLATION
ADDRESS: 1767 KNIGHTS COURT, NAPLES
23. CASE NO: CEEX20130013136
OWNER: GEORGE ALLAN
OFFICER: JAMES PANTOJA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
1767 KNIGHTS COURT, NAPLES
A. Motion for Imposition of Fines:
1. 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
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4.
FOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20130005879
JAMES J. GRANT AND KIM M. GRANT
INVESTIGATOR JIM KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -242 AND 22- 231(12)(b)(c)(h) AND (n). UNSECURED PROPERTY WITH
MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
62264920003
5409 TRAMMEL STREET, NAPLES
CEPM20130003856
JERRY DELASHMENT ET UX
INVESTIGATOR HEINZ BOX
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(n) . SHED WITH BROKEN WINDOWS, AND A SCREEN
ENCLOSURE MISSING A DOOR.
46570440002
1391 13TH AVENUE N, NAPLES
CEPM20120006353
CESAR O. HIDALGO REYES
INVESTIGATOR ED MORAD
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1 -12)
AND SECTION 22 -239. A SINGLE WIDE MOBILE HOME DWELLING AND CONCRETE
BLOCK DWELLING WITH WINDOWS AND EXTERIOR DOORS NOT PROPERLY FITTED
WITHIN ITS FRAMES, NOT PROVIDED WITH LOCKABLE HARDWARE, NOT
WEATHER -TIGHT AND WEATHERPROOF, AND NOT MAINTAINED IN GOOD REPAIR,
WINDOWPANES WITH CRACKS AND HOLES. ALSO A SINGLE WIDE MOBILE HOME
DWELLING DESTROYED BY FIRE AND CREATING HEALTH AND SAFETY
CONCERNS.
65070760001
610 PALMETTO AVENUE, IMMOKALEE
CENA20120018018
TERRY DILOZIR
INVESTIGATOR JIM KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a) . WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
62093680006
5322 CATTS STREET, NAPLES
VII.
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
OLD BUSINESS
CEPM20130004774
TERRY DILOZIR
INVESTIGATOR JIM KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -242 AND 22 -231 (15) . UNSECURED PROPERTY AND POOL WITH GREEN
STAGNANT WATER.
62093680006
5322 CATTS STREET, NAPLES
A. Motion to Amend Previously Issued Order:
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: November 15, 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
October 4, 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: 9:15 a.m.
Reconvened: 9:30 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:
• #18 -CASE NO: CENA20130009779 -KATHRYN KESSLER
• #14 - CASE NO: CEV20130010193 - RITA N. QUEEN
Under V.B — Hearings, the following cases were withdrawn:
•
41 - CASE NO: S0180466- CEEX20130013269 - JAMES ROUDABUSH
• #10 - CASE NO: CESD20120007103 - HARRY MARTENS AND VIRGINIA S. MARTENS
• #13 -CASE NO: CENA20130007554 -JAMES J KELLEY SR EST
Under V.0 — Emergency Case, the following case was added to the Agenda:
• #1 - CASE NO: - DORIS LEE STATON ROSO AND SHEILA JAMESON
Under VI.A — Motion for Imposition of Fines, the following case was withdrawn:
• #4 - CASE NO: CEPM20120006353 - CESAR O. HIDALGO REYES
Under VI.A — Motion for Imposition of Fines, the following case was added:
• #7 - CASE NO: CESD20120002037 - VERA FITZ - GERALD
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES — September 6, 2013
The minutes of the September 6, 2013 Special Magistrate Hearing were reviewed by the
Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
None
2
October 4, 2013
B. Motion for Continuance
None
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CENA20130009779
OWNER: KATHRYN KESSLER
OFFICER: INVESTIGATOR CHRIS SUNDLEE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54 -179. LARGE PILE OF HOUSEHOLD BELONGINGS,
LITTER, AND TRASH ON BACK LANAI SEVERAL FEET IN HEIGHT.
FOLIO NO: 62781480000
VIOLATION ADDRESS: 805 99TH AVENUE N, NAPLES
Investigator Sundlee requested the hearing.
The Stipulation was entered into by the Kathryn Kessler on October 3, 2013.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.29 incurred in the prosecution of this
case by November 4, 2013.
2. Abate all violations by removing or cause to remove any unauthorized litter and
trash on said property which is a public nuisance by November 4, 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
using any method to bring the violation into compliance and may use the assistance
of the Collier County Sheriffs Office to enforce the provisions of this agreement
and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
14. CASE NO:
CEV20130010193
OWNER:
RITA N. QUEEN
OFFICER:
INVESTIGATOR JONATHAN MUSSE
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III,
CHAPTER 130, SECTION 130- 97(3). TRAILERS BEING STORED ON THE SIDE
OF THE HOME.
FOLIO NO:
36118040007
VIOLATION ADDRESS: 1700 51ST STREET SW, NAPLES
Supervisor Mucha represented the County.
The Stipulation was entered into by the Rita Queen on October 4, 2013.
October 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 Operational Costs in the amount of $112.20 incurred in the prosecution of the
case by November 4, 2013.
2. Abate all violations by storing all commercial vehicle(s) /equipment in rear yard and
concealing from view, or storing all commercial vehicle(s) /equipment within a
completely enclosed structure, or remove offending vehicles from residentially
zoned area by October 18, 2013 or 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 workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
using any method to bring the violation into compliance and may use the assistance
of the Collier County Sheriffs Office to enforce the provisions of this agreement
and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
VI. PUBLIC HEARINGS
C. Emergency Cases:
1. CASE NO: CEPM20130013841
OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, , SECTION 22 -231 (12I) AND 22 -242 CONDEMMED STRUCTURE
THAT IS UNSECURE DUE TO REAR SLIDERS REMOVED
FOLIO NO: 65671240001
VIOLATION ADDRESS: 696 PINE VALE DRIVE, NAPLES, FL
Supervisor Mucha represented the County.
Robert Harris and Peter Flood, Attorney represented the Respondent.
Respondent Evidence entered: Exhibit A: Power of Attorney issued to Robert Harris.
Mr. Flood reported the property has been subject to a mortgage foreclosure action for a
period of 2 years, including allegations of forgery. There is a final hearing scheduled for
October 9, 2013 at which time it is expected the case will resolved and the Respondent
will be able to take the necessary steps to abate all violations on the property. As an
immediate step, Mr. Harris intends to secure opening in question by October 7, 2013.
Supervisor Mucha confirmed a meeting is scheduled on site for October 7, 2013 so the
County may inspect the property.
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 $112.03 incurred by Code Enforcement during the
prosecution of the case on or before November 4, 2013.
2. Abate the violation by obtaining required Collier County Building Permits
inspections and a Certificate of Completion /Occupancy on or before October 7,
4
October 4, 2013
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 October 7, 2013 and obtain all required Collier County
permitslinspections and Certificate of Completion /Occupancy by April 4, 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.
4. In the event the property is secured by boarding, any unauthorized entry into the
premises shall constitute a violation of this order. In the event of an unauthorized
entry onto the premises after the property is secured by boarding the penalty
provisions in Section 22 -247 of the Collier County Laws and Ordinances shall
apply.
5. Notify the Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance.
6. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of the Order and all costs of abatement shall be assessed to the property
owner.
Total Amount Due: $112.03
B. Hearings
2. CASE NO: S0180476- CEEX20130007905
OWNER: JEFFREY GARGIULO
OFFICER: DEPUTY ROGER HILL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION ADDRESS: VANDERBILT BEACH TURN AROUND, NAPLES
Deputy Hill represented the County.
Evidence Entered: 1 photo taken May 26, 2013 of the vehicle located in the restricted
parking area.
Jeffrey Gargiulo was present.
Mr. Gargiulo testified:
• On the day of the incident (May 26, 2013) he was traveling in the vicinity of the
Vanderbilt Beach turn around when his infant became in distressed in the back
seat.
• He pulled off the road into the striped lane reserved for the adjacent handicap
parking space to momentarily attend to the child.
• While he was attending to the child, Deputy Hill approached the vehicle and
issued the citation.
• He did not exit the vehicle until after the officer approached and was not
intending to park in the space.
• He requested the citation be dismissed given the circumstances.
Officer Hill testified:
• On the day of the incident he was on routine patrol when he observed the vehicle
parked in the restricted area.
October 4, 2013
• He observed Mr. Gargiulo's wife walking up from the beach area with the child.
• Mr. Gargiulo stated to him he was there to pick up his wife and child as his child
had become ill at the beach.
• Neither party was in the vehicle when he approached.
• Accordingly, he issued the citation for parking in a handicap space without the
proper authorization.
Mr. Gargiulo questioned Deputy Hill if he was certain neither party was in the vehicle
when he approached.
Deputy Hill reported he was not certain if Mr. Gargiulo's was inside or outside the
vehicle when he approached.
Hearing the testimony and reviewing the evidence, the Special Magistrate took the case
UNDER ADVISEMENT.
4. CASE NO: S0180382- CEEX20130011889
OWNER: LEONARD CAPALDI
OFFICER: DEPUTY ROGER HILL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION ADDRESS: VANDERBILT BEACH TURN AROUND, NAPLES
Deputy Hill represented the County.
Evidence Entered: 3 photos dated 8/11/13 showing the vehicle parked in the restricted
area.
Leonard Capaldi was present.
Mr. Capaldi testified:
• On August 11, 2013 he entered the turn around area and was parking his vehicle
in a handicap parking space.
• The area was crowded with vehicles and pedestrians and on his first attempt to
park his vehicle, for safety purposes, he temporarily backed into the restricted
striped area adjacent to the handicap space.
• Before he could maneuver his vehicle out of the space to realign it into the
parking space, Deputy Hill approached the car and issued a citation.
• He possesses a handicap parking placard authorizing him to utilize a handicap
space.
Deputy Hill testified:
• On August 11, 2013, he was on routine patrol when he observed Mr. Capaldi's
vehicle parked in a restricted area.
• He approached the vehicle and no one was present.
• When Mr. Capaldi arrived, he could not produce backup documentation proving
the handicap parking placard was issued for his use.
• Accordingly he issued the citation.
October 4, 2013
Mr. Capaldi contested the statement by Deputy Hill, "he was not in the vehicle" when
the Deputy approached and reiterated he does possesses a legally issued handicapped
placard
The Special Magistrate, after hearing the testimony and reviewing the evidence
ordered the Respondent to pay the $5.00 Administrative Fee for parking in the
handicap parking space without backup documentation.
CASE NO: S0157716- CEEX20130004436
OWNER: KIMBERLY GATES
OFFICER: DEPUTY G. SCHORE
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA
VIOLATION ADDRESS: 5080 ANNUNCIATION CIRCLE, AVE MARIA
Date of Hearing Notice by Certified Mail: 9/19/13
Deputy Schore was present.
The Respondent was not present.
Deputy Schore testified on the day of the incident (March 12, 2013) he was on routine
patrol when he observed a vehicle parked on the side of the road in the opposite direction
of traffic flow. 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 to be
paid by November 4, 2013.
Total Amount Due: $85.00
(Cases 6 and 7 were combined)
6. CASE NO: DAS13517- CEEX20130011780
OWNER: ANIUSKA ALMARAL
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION B
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: 2835 31ST AVENUE NE, NAPLES
CASE NO: DAS13518- CEEX20130011781
OWNER: ANIUSKA ALMARAL
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION B
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: 2835 31ST AVENUE NE, NAPLES
Officer Zeitler represented the County.
Aniuska Almaral was present with her translator.
Officer Zeitler testified:
• On July 3, 2013 he answered a complaint at the above address for dogs running at
large.
• It was the 5th visit to the site to answer a like complaint.
October 4, 2013
When he arrived on scene, 2 dogs approached his vehicle which was parked on
the street, in the public right of way.
He exited the vehicle and approached the residence where he spoke with the
owner of the dogs via a translator on the phone.
He notified the parties of the violation and accordingly issued the citation.
Ms. Almaral testified:
• Animal Control Officers have not spoken to her about the dogs running at large 4
previous times.
• The only time the dogs exit the yard is when they are in her presence to get the
mail at the mailbox.
• She gave the dogs away to avoid further problems.
Officer Zeitler stated on the 4 previous visits responders did not witness the dogs off the
property. Written notifications regarding dogs running at large were placed on the entry
door of the home on at least one occasion. The day of the incident, he witnessed the
dogs off the property in the public right of way, unattended.
Upon reviewing the evidence and hearing the testimony the Special Magistrate
UPHELD issuance of the citation and ordered the Respondent to pay a $100.00 fine
for the first citation only, Operational Costs of $50.00, for each offense and a $7.00
Administrative Fee for each offense ($214.00 total) by December 4, 2013.
17. CASE NO: CESD20130006042
OWNER: MARTHA GUERRERO
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06(B)(1)(A). ALTERATIONS TO STRUCTURE WITHOUT
APPLICABLE COLLIER COUNTY PERMITS.
FOLIO NO: 62257960009
VIOLATION ADDRESS: 5238 TEXAS AVENUE, NAPLES
Investigator Kincaid represented the County.
Evidence Entered: Exhibit A: Property Appraiser Card
Exhibit B: 1 photo dated 4/30/13
Exhibit C: 1 photo dated 8/14/13
Composite Exhibit D: 2 photos dated 8/31/13
Fransisco Guerrero was present.
Investigator Kincaid testified an open porch has been converted to living area without
obtaining the necessary permits.
Mr. Guerrero testified the property was purchased in 2006 the area in question was
existing "as is." Unbeknownst to him it was unpermitted. The property is in
foreclosure and he intends to abate the violation, however given the financial issues,
requested time to address the issue.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
October 4, 2013
1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of the
case by February 4, 2014.
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 restore the structure to a permitted condition consistent
with Collier County Property Maintenance Code by February 4, 2014 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 Sheriff s Office to enforce the
provisions of the Order and all costs of abatement shall be assessed to the property
owner.
Total Amount Due: $112.38
23. CASE NO: CEEX20130013136
OWNER: GEORGE ALLAN
OFFICER: JAMES PANTOJA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,
SECTION 14 -35. DANGEROUS DOG.
VIOLATION ADDRESS: 1767 KNIGHTS COURT, NAPLES
Officers Rygel and Supervisor Andrade represented the County.
George Allan was present.
Special Magistrate Garretson reported the hearing for an appeal of Mr. Allan's dog
Bruno being declared a "Dangerous Dog" by the County in accordance with Chapter 14,
Section 14 -35 of County's Animal Control Ordinance.
Shawn Reynolds testified:
• On June 26, 2013 he was invited to Mr. Allan's home to play video games.
• Prior to playing the game, he obtained a beverage from the refrigerator and
returned to the living room.
• He heard a growl, turned around and the dog "attacked" and bit him.
• Mr. Allan had to restrain the dog and get him to release.
• He sustained injuries to his wrist and chest which required medical treatment
including surgery and stitches.
• He offered a letter from his doctor and photos of the injuries and his recovery in
the hospital.
Mr. Allan objected to the hospital room recovery photos being entered into evidence as,
in his opinion, they unfairly characterize the extent of the injuries.
Special Magistrate Garretson reviewed the photos.
October 4, 2013
County Evidence Entered: Exhibit #1: Letter from Dr. Scott Greenberg dated 9/9/13
describing injuries and treatment to Mr.
Reynolds.
Exhibits #2 - 17: 16 photographs of the injuries and
treatment.
Supervisor Andrade reported the County declared Bruno a Dangerous Dog following a
review of the affidavits, evidence and in accordance with the County Ordinance which
defines a "Dangerous Dog" given the terms "unprovoked" and "severe injury. "
She stated the definition of a severe injury means "any physical injury that results in broken
bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery."
Mr. Allan questioned Mr. Reynolds on the accuracy of the affidavit he filed in which
omitted obtaining a bottle /can opener from the kitchen and returning to the living room
shortly before the incident.
Mr. Reynolds reported he did not think it was relevant to the case.
Mr. Allan questioned Supervisor Andrade on her qualifications as an Animal Control
Officer and queried if she witnessed a bite to his chest.
She provided her qualifications and reported she did not witness a bite to his chest.
Respondent Evidence Entered: Exhibit A: Affidavit dated October 3, 2013 from Jennifer
Driver.
Mr. Allan outlined the Affidavit from Ms. Driver, a neighbor, which indicates she and her
children have interacted with Bruno numerous times with no issues.
Mr. Allan testified:
• Mr. Allan invited Mr. Reynolds to the home to play video games.
• Mr. Reynolds retrieved the bottle /can opener from the kitchen and returned to the
living room.
• As he returned to the living room, Bruno acknowledged Mr. Reynolds and Mr.
Reynolds waved the bottle /can opener in the Bruno's face and said "now Bruno."
• Bruno then bit Mr. Reynolds following that action.
• Mr. Allan stated the action with the bottle /can opener provoked the dog to bite Mr.
Reynolds.
• The lacerations from the chest are not the result of a dog bite, rather claws of the dogs
during the incident.
• The Florida Statute and Collier County Ordinance provides the dog shall not be
declared "Dangerous" if it is provoked.
• He also questioned whether the injury should be defined severe based on lack of
statement from a medical professional declaring a "serious injury."
Special Magistrate Garretson stated based on the evidence and review of the Ordinance
she finds the injuries sustained are "severe."
10
property.
October 4, 2013
Discussion occurred on the history of the dog, a favorable finding of the dogs' demeanor by
professionals following the incident, the accuracy of statements to neighbors by Mr.
Reynolds following the incident, etc.
Special Magistrate Garretson stated the only item under consideration is what occurred at
the time of the incident, (not prior history of the dog, neighborhood conversations, etc.)
Supervisor Andrade reported the definition of unprovoked under the Ordinance -
"Unprovoked means that the victim who has been conducting himself or herself peacefully
and lawfully has been bitten or chased in a menacing fashion or attacked by a dog".
Officer Rygel questioned Mr. Allan if his dog has been quarantined previous to this occasion
due to a biting incident.
Mr. Allan reported his dog was quarantined following unauthorized activity in his residence
by a group of people present invited by a person caretaking his dog while he was out of
town. The person fell on the dog while he was sleeping and Bruno bit him.
Mr. Reynolds stated he did not wave the bottle /can opener in the Bruno's face.
Special Magistrate found Bruno was unprovoked during the incident in question given the
definition in the Ordinance.
After review of the evidence, testimony and County Ordinance, the Special Magistrate
UPHELD the County determination Mr. Allan's dog Bruno is declared a "Dangerous
Dog. "
22. CASE NO: DAS13644- CEEX20130013142
OWNER: GEORGE ALLAN
OFFICER: NANCY RYGEL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,
ARTICLE II, SECTION 14 -34 (1)(B), RUNNING AT LARGE.
VIOLATION ADDRESS: 1767 KNIGHTS COURT, NAPLES
Officers Rygel and Supervisor Andrade represented the County.
George Allan was present.
Respondent Evidence Entered: Exhibit #1: Photo of the Reynold's dog on their
Exhibit #2: Property Appraisers aerial photo depicting
Reynolds /Allan property line.
County Evidence Entered: Composite Exhibit A: 4 photos from surveillance system.
Jill Reynolds testified on August 11, 2013 they witnessed Bruno on their property off
leash, unattended as shown on the photos, directly adjacent to a vehicle parked in their
driveway.
Mr. Allan presented the property appraiser's aerial photo and argued the angle of the
video surveillance photo is misleading and an illusion as the dog is actually on his
property.
11
October 4, 2013
After reviewing the evidence and hearing the testimony, the Special Magistrate
UPHELD the issuance of the citation for a "Dog Running at Large" and ordered the
Respondent to pay Operational Costs in the amount of $50.00 and a $7.00
Administrative Fee for a total amount due of $57.00 by November 4, 2013.
Total Amount Due: $57.00
Break: 12:40 p. m.
Reconvened: 1:10 p. m.
5. CASE NO: PU4801- CEEX20130013362
OWNER: GENTILHOMME LOUISSAINT AND JEAN SAUREL LOUISSAINT
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW & ORDINANCE 118 -104, SECTION 3L
YARD WASTE CURBSIDE NOT PROPERLY PREPARED.
FOLIO NO: 65070600006
VIOLATION ADDRESS: 520 PALMETTO AVENUE, IMMOKALEE
Date of Hearing Notice by Certified Mail: 9/20/13
Investigator Phillips presented the case.
Evidence entered: Composite Exhibit A: 2 photos
Composite Exhibit B: 2 photos dated 10/1/13
Composite Exhibit C: 2 photos dated 10/3/13
She reported there were 2 previous citations issued for the incident and the County
intends to abate the violation.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Court Costs of $50.00, an Administrative Fee of $5.00 and a fine in the amount
of $100.00 for a total amount due of $155.00 by November 4, 2013.
Total Amount Due: $155.00
(Cases 8 and 9 were combined.)
8. CASE NO: DAS13591- CEEX20130011821
OWNER: DAVID GOSSETT
OFFICER: KYRA LYNCH
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION (1) (B).
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: MARCELLO CIRCLE, NAPLES
CASE NO: DAS13593- CEEX20130011822
OWNER: HOLLY GOSSETT AND DAVID GOSSETT
OFFICER: KYRA LYNCH
VIOLATIONS: CODE OF LAW & ORDINANCE 14 -34, SECTION (1) (B).
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: MARCELLO CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
12
October 4, 2013
Officer Andrade represented the County.
The Respondent was not present.
Officer Andrade testified the dogs were detained for running at large on August 6, 2013.
The dogs in question (2) have been detained numerous times for running at large.
The Special Magistrate UPHELD the issuance of the Citation and ordered the
Respondent to pay a fine in the amount of $400.00, Operational Costs of $50.00 and
an Administrative Fee of $7.00 for each case (2 in total) for an amount due of $914.00
by November 4, 2013.
Total Amount Due: $914.00
11. CASE NO:
CELU20130006249
OWNER:
RANDOLPH CODNER AND VAN B. RHONE
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 1.04.01(A) AND 2.02.03. VEHICLE STORED ON UNIMPROVED
ESTATES ZONED PROPERTY.
FOLIO NO:
41162840002
VIOLATION ADDRESS: NO SITE ADDRESS
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
Investigator Short represented the County.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 10/3/13
The violation remains as of 10/3/13.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of this
case by November 4, 2013.
2. Abate all violations by remove the offending vehicle from the Estates zoned
property by October 11, 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 workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of the Order and all costs of abatement shall be assessed to the property
owner.
Total Amount Due: $112.38
13
October 4, 2013
12. CASE NO: CEPM20130006005
OWNER: DAVID A. VERTIN AND CHRISTINE C. VERTIN
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY
MAINTENANCE CODE, SECTION 22- 231(15) AND (12)(N). POOL COVERING IN
A STATE OF DISREPAIR AND POOL ENCLOSURE MISSING SCREENS.
FOLIO NO: 55002240004
VIOLATION ADDRESS: 271 BAY MEADOWS DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
Investigator Kincaid presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 4/15/13
Exhibit B: 1 photo dated 4/26/13
Composite Exhibit C: 2 photos dated 10/3/13
The violation remains as of 10/3/13.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the
prosecution of the case on or before November 4, 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 October 11, 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 October 11, 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 damaged screens on pool enclosure or before
October 11, 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: $112.38
15. CASE NO: CENA20130012648
14
October 4, 2013
OWNER: TERRY DILOZIR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54- 185(A). REPEAT VIOLATION OF WEEDS AND
GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 62093680006
VIOLATION ADDRESS: 5322 CATTS STREET, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 9/5/13
Exhibit B: 1 photo dated 10/3/13
The violation remains as of 10/3/13
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of the
case by November 4, 2013.
2. Pay a Civil Penalty in the amount of $500.00 by November 4, 2013.
3. Mowing all weeds, grass or similar unprotected overgrowth in excess of 18 inches
to a height of 6 inches by October 11, 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.
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: $612.56
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. CASE NO: CENA20120018018
OWNER: TERRY DILOZIR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54- 185(a) . WEEDS AND GRASS IN EXCESS OF 18
INCHES IN HEIGHT.
FOLIO NO: 62093680006
VIOLATION ADDRESS: 5322 CATTS STREET, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
15
October 4, 2013
The Respondent was not present.
Investigator Kincaid presented the case noting the violation has been abatedby the
County.
Abatement Date: 8/7/13
Special Magistrate Order: 6/7/13 No. 4937 - Page: 142
Fine Amount: $100.00 /day
Duration: 6/15/13 — 8/7/13 (54 days)
Total Fine Amount: $5,400.00
Unpaid Abatement Costs: $166.00
Total to Date: $5,566.00
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED
the County's Motion for Imposition of Fines for a total amount due of $5,566.00. Said
amount to become a lien on the property.
6. CASE NO: CEPM20130004774
OWNER: TERRY DILOZIR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22 -242 AND 22 -231 (15) . UNSECURED PROPERTY AND
POOL WITH GREEN STAGNANT WATER.
FOLIO NO: 62093680006
VIOLATION ADDRESS: 5322 CATTS STREET, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
The Respondent was not present.
Investigator Kincaid presented the case noting the violation has been abated by the
County.
Fine Amount: Part B: $250.00 /day; Part D: $250.00 /day
Duration: Part B: 112 days; Part D: 112 days
Total Fine Amount: Part B: $28,000.00; Part D: $28,000.00
Unpaid Abatement Costs: Part B: $1,667.74; Part D: $1,319.50
Unpaid Operational Costs: $112.38
Total to Date: $58,987.24
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 $58,987.24.
Said amount to become a lien on the property.
VII. PUBLIC HEARINGS (Continued)
B. Hearings
16. CASE NO: CEPM20130009661
OWNER: SHULAMIT INVESTMENTS LLC
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: 66262005748
VIOLATION ADDRESS: 236 BACKWATER COURT, NAPLES
16
October 4, 2013
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/18/13
Supervisor Mucha presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 8/21/13
Exhibit B: 1 photo dated 10/31/13
The violation remains as of 10/3/13.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $112.64 incurred by Code Enforcement during the
prosecution of the case on or before November 4, 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 October 11, 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 October 11, 2013 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
5. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of the Order and all costs of abatement shall be assessed to the property
owner.
Total Amount Due: $112.64
VII. NEW BUSINESS
Motion for Imposition of Fines (Continued)
1. 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
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/24/13
The Respondent was not present.
17
October 4, 2013
Supervisor Mucha reported the violation has been abated however the Operational Costs
in the amount of $112.56 has 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 $112.56. Said
amount to become a lien on the property.
VIII. PUBLIC HEARINGS (Continued)
B. Hearings
19. CASE NO: CEPM20130010878
OWNER: ANDREW D. CLARKE AND SANDRA ANN JONES
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-
231(15). AN UNMAINTAINED POOL WITH ALGAE GROWTH.
FOLIO NO: 81216008925
VIOLATION ADDRESS: 812 GRAND RAPIDS BLVD, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/18/13
Investigator Short presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 10/3/13
The violation remains as of 10/3/13.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $112.29 incurred by Code Enforcement during the
prosecution of the case on or before November 4, 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 October 11, 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 October 11, 2013 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
5. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County 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: $112.29
18
October 4, 2013
20. CASE NO: CENA20130011213
OWNER: ROBERT HOOVER TR
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ENVIRONMENTAL, ARTICLE VI, WEEDS, LITTER, AND EXOTICS, SECTION
54 -179 AND 54- 185(B), AND UNAUTHORIZED ACCUMULATION OF LITTER,
SECTION 54 -181. WEEDS OVER 18 INCHES AROUND THE HOME AND LITTER
ON THE PROPERTY.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
Date of Hearing Notice Property /Courthouse Posting: 9/23/13
Investigator Ambach presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 8/9/13
Composite Exhibit B: 2 photos dated 10/3/13
The violation remains as of 10/3/13
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.47 incurred in the prosecution of the
case by November 4, 2013.
2. Abate all violations by cutting weeds and grass around the 30 foot perimeter of the
home up to any lot line and remove all litter and debris to a site intended for final
disposal or store described items in a completely enclosed structure by October 11,
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.
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: $112.47
21. CASE NO: CEPM20130011142
OWNER: ROBERT HOOVER TR
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(11) AND
(12)(C). NO ELECTRICITY AND ROOF DAMAGE TO OCCUPIED DWELLING.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 9/19/13
19
October 4, 2013
Date of Hearing Notice Property /Courthouse Posting: 9/23/13
Investigator Connetta presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 9/12/13
The violation remains as of 10/3/13
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.73 incurred in the prosecution of the
case by November 4, 2013.
2. Restoring electricity to the property by an active account with Florida Power and
Light or vacate the property until an active account with Florida Power and Light
is obtained and electricity has been restored the property by October 18, 2013 or a
fine of $500.00 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. Abate all violations by obtaining all required Collier County Building Permit(s),
and required inspections and Certificate of Occupancy /Completion for repair of the
roof by October 18, 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: $112.73
VIII. NEW BUSINESS
B. Motion for Imposition of Fines: (Continued)
2. CASE NO: CEPM20130005879
OWNER: JAMES J. GRANT AND KIM M. GRANT
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22 -242 AND 22- 231(12)(b)(c)(h) AND (n). UNSECURED
PROPERTY WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
FOLIO NO: 62264920003
VIOLATION ADDRESS: 5409 TRAMMEL STREET, NAPLES
Date of Hearing Notice by Certified Mail: 9/20/13
Date of Hearing Notice Property /Courthouse Posting: 9/19/13
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated by the
County.
20
October 4, 2013
Fine Amount: $250.00 /day
Duration: 89 days
Total Fine Amount: $22,250.00
Unpaid Abatement Costs: $1,390.33
Unpaid Operational Costs: $112.38
Total to Date: $23,752.71
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 $23,752.71.
Said amount to become a lien on the property with fines continuing to accrue.
3. CASE NO: CEPM20130003856
OWNER: JERRY DELASHMENT ET UX
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22- 231(12)(n) . SHED WITH BROKEN WINDOWS, AND A
SCREEN ENCLOSURE MISSING A DOOR.
FOLIO NO: 46570440002
VIOLATION ADDRESS: 1391 13TH AVENUE N, NAPLES
Date of Hearing Notice by Certified Mail: 9/20/13
Date of Hearing Notice Property /Courthouse Posting: 9/17/13
The Respondents were not present.
Investigator Snow presented the case noting the violation has been abated by the
County.
Total Fine Amount: $28,000.00
Unpaid Boarding Costs: $1,608.53
Unpaid Operational Costs: $112.29
Total to Date: $29,720.82
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 $29,720.82.
Said amount to become a lien on the property with fines continuing to accrue.
7. CASE NO: CESD20120006353
VERA FITZ- GERALD
Investigator Snow reported the violation has been abated and recommended the fines be
waived.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
W
October 4, 2013
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: November 15, 2013 at 9:00 A.M. located at the Collier County
Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 2:00 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
nda Garretso ecial Magistrate
The Minutes were appr d by the Special Magistrate on RCW- 45
as presented , or as amended
22