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CESM Minutes 12/06/2013 Code Enforcement Special Magistrate Minutes December 6 , 2013 December 6, 2013 j1-eD 4043 MINUTES OF THE HEARING OF THE ?4/4FE$// 6'4704 COLLIER COUNTY SPECIAL MAGISTRATE CLERK OF ph/a:09 8y CC�Rrs Naples, Florida, December 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, Director, Code Enforcement Kerry Adams, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: December 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 1S 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. I I. III. IV. CALL TO ORDER — Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations APPROVAL OF AGENDA APPROVAL OF MINUTES — November 15, 2013 MOTIONS A. Motion for Reduction /Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time 1. CASE NO: CESD20120001702 OWNER: MARTIN BUENROSTRO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B) (1)(a). A CARPORT ENCLOSED AND CONVERTED INTO LIVING SPACE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS, AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 64920320000 VIOLATION ADDRESS: 906 N 18 '" STREET, IMMOKALEE V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: S0173597- CEEX20130016148 OWNER: LEO THOMPSON AND DONNA THOMPSON OFFICER: DEPUTY SIEGEL VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: WALMART, NAPLES 2. CASE NO: S0157745- CEEX20130014881 OWNER: MARTIN PATTON OFFICER: DEPUTY SCHORE VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: BERKSHIRE PUBLIX, NAPLES 3. CASE NO: S0180019- CEEX20130015345 OWNER: CLAUDE LEVESQUE OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: COSTCO, NAPLES BLVD, NAPLES 4. CASE NO: SO] 78601- CEEX20130014885 OWNER: TIMOTHY CAIN OFFICER: CORPORAL J. CUNNINGHAM VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 UNLAWFUL AREA VIOLATION ADDRESS: 15000 LIVINGSTON ROAD, NAPLES 2 5. CASE NO: PR051305- CEEX20130014782 OWNER: RICK GUR AND KATIE GUR OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS: CLAM PASS PARK, NAPLES 6. CASE NO: PR050935- CEEX20130013302 OWNER: JEAN LOUIJEAN OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: MARCO SOUTH ACCESS, MARCO ISLAND 7. CASE NO: PR051 1 08-CE EX20130016762 OWNER: BRUCE EDWARDS OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW & ORD., SEC, 130 -66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK, NAPLES 8. CASE NO: PU4546- CEEX20130013624 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAW & ORD, CHAPTER 118, SECTON 62, 63, AND 64. UNLAWFUL DUMPING, ACCUMULATION, AND STORAGE OF LITTER. FOLIO NO: 35830040001 VIOLATION ADDRESS: 4250 HERITAGE CIRCLE, NAPLES 9. CASE NO: PU4547- CEEX20130013625 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAW & ORD, CHAPTER 118, SECTON 102,104(5B), 105. GARBAGE SERVICE TERMINATED DUE TO NON - PAYMENT, FOLIO NO: 35830040001 VIOLATION ADDRESS: 4250 HERITAGE CIRCLE, NAPLES 10, CASE NO: C012180- CEVFH2O130012277 OWNER: CARLTON C. GRAHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 142, SECTION 142 -30(A) AND 142- 33(C). OPERATING A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS VIOLATION OF THE COUNTY WITHOUT FIRST OBTAINING A VALID CERTIFICATE TO OPERATE. ADDRESS: NAPLES AIRPORT, NAPLES 11. CASE NO: COI 2181- CEVFH2O130014575 OWNER: CARLTON C. GRAHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 142, SECTION 142 -30(A) AND 142- 33(A). OPERATING A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID ID ISSUED BY COLLIER COUNTY. VIOLATION ADDRESS: NAPLES AIRPORT, NAPLES 12. CASE NO: CESD20120007103 OWNER: HARRY MARTENS AND VIRGINIA S MARTENS OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTON 10.02.06(B)(1)(A). NEW AIR CONDITIONING INSTALLED WITHOUT OBTAINING PERMITS. FOLIO NO: 23907501841 VIOLATION ADDRESS: 6216 BELLERIVE AVENUE #1702, NAPLES 13. CASE NO: CENA20130013748 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE V1, SECTIONS 54 -179 AND 54 -181. A HOMELESS LIVING AREA WITH LITTER AND DEBRIS THROUGHOUT THE PROPERTY. FOLIO NO: 76210840000 VIOLATION ADDRESS: NO SITE ADDRESS 14. CASE NO: CEPM20130010467 OWNER: KAREY H. REBELLO OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231(15). UNMAINTAINED POOL. FOLIO NO: 62848360005 VIOLATION ADDRESS: 508 109"" AVENUE N, NAPLES 15. CASE NO: CEPM20130012039 OWNER: PATRICK FEVRIER AND JACQUELINE FEVRIER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 228(1), 22- 231(12)(n) AND (c), (15) AND (19). CONFIRMATION OF GARAGE TYPE STRUCTURE IN NEED OF MAINTENANCE TO ROOF AND SOFFIT AREA. COVER OVER POOL IS DETERIORATED, EXPOSING STAGNANT GREEN WATER. FOLIO NO: 422520003 VIOLATION ADDRESS: 6090 EVERETT STREET, NAPLES 16. CASE NO: CEPM20130012192 OWNER: JUAN M. GONZALEZ AND NAYELIS GONZALEZ OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTIONS 22-228(l),22-23](12)(m), 22- 241(2) AND 22 -242. PARTIALLY BOARDED UNSECURED IMPROVED RESIDENTIAL PROPERTY, ROTTED WOOD ON EXTERIOR AND SCREEN PORCH IN A STATE OF DISREPAIR. FOLIO NO: 62046960003 VIOLATION ADDRESS: 5370 MCCARTY STREET, NAPLES 17. CASE NO: CESD20130012976 OWNER: JUAN M. GONZALEZ AND NAYELIS GONZALEZ OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). ALTERATIONS TO THE STRUCTURE, PLUMBING SYSTEM, AND ELECTRICAL SYSTEM OF IMPROVED RESIDENTIAL PROPERTY, FOLIO NO: 62046960003 VIOLATION ADDRESS: 5370 MCCARTY STREET, NAPLES 18. CASE NO: CENA20130011285 OWNER: FLORIDA GEORGIA GROVE LLP OFFICER: INVESTIGATOR STEVEN LOPEZ- SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54- 185(a). WEEDS EXCEEDING 18 INCHES ON IMPROVED PROPERTY WITH UNOCCUPIED STRUCTURES AND PROPERTY PARTIALLY SECURED WITH A CHAIN LINK FENCE. FOLIO NO: 26085200003 VIOLATION ADDRESS: 318 MAMIE STREET, CHOKOLOSKEE 19. CASE NO: CENA20130014800 OWNER: RICHARD L. GOSSARD SR, CAROL GOSSARD, RICHARD L. GOSSARD JR, AND EVONNE M. ESTEP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTIONS 54 -179, 54 -181, AND 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCITES IN HEIGHT AND LITTER ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62156880002 VIOLATION ADDRESS: 5310 SHOLTZ STREET, NAPLES 20. CASE NO: CEPM20130005355 OWNER: EBED GUADARRAMA AND IRMA GUADARRAMA OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, CHAPTER 22, SECTION 22- 241(1) AND SECTION 22- 241(2). WINDOW BOARDED WITHOUT REQUIRED BOARDING CERTIFICATE. FOLIO NO: 40630600005 VIOLATION ADDRESS: 831 EVERGLADES BLVD N, NAPLES VI. 21. CASE NO: CENA20130014909 OWNER: PROPERTIES OF S & O INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54 -181. UNAUTHORIZED ACCUMULATION OF LITTER, FOLIO NO: 25580760007 VIOLATION ADDRESS: 106 S 3RD STREET, IMMOKALEE 22. CASE NO: CEEX20130017431 OWNER: JACKIE LARSON OFFICER: SHANNON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35, DANGEROUS DOG. VIOLATION ADDRESS: C. Emergency Cases: NEW BUSINESS 4421 IT AVENUE NW, NAPLES A. Motion for Imposition of Fines: 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 2. 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 (])(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 3. 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 4. CASE NO: CENA20130011213 OWNER: ROBERT HOOVER TR OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ENVIRONMENTAL, ARTICLE Vl, 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: 128025 TH STREET SW, NAPLES 5. CASE NO: CEV20130008497 OWNER: DEBORAH J. HANCOCK OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE 1I1, SECTION 130- 96(a). REPEAT VIOLATION OF A BOAT /RECREATIONAL VEHICLE STORED IN DRIVEWAY. FOLIO NO: 62416081004 VIOLATION ADDRESS: 848 104TH AVENUE N, NAPLES 6. 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 11, 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 7. CASE NO: CEPM20130000199 OWNER: DANIEL W. SASAKI AND JULIE B. CARLIN - SASAKI OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). UNMAINTAINED POOL. FOLIO NO: 59960214262 VIOLATION ADDRESS: 16540 CELLINI LANE, NAPLES 8. 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 9. CASE NO: CEPM20130004506 OWNER: NELL H. EFIRD OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22 -231 (12)(i) AND (12)(q). BROKEN WINDOW PANE ON EAST SIDE OF HOME AND FALLING PATIO ROOF ON EAST SIDE OF HOME. FOLIO NO: 62834000007 VIOLATION ADDRESS: 541 100TH AVENUE N, NAPLES 10. 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 IL CASE NO: CEPM20130005654 OWNER: RICK SUMMERS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE V1, SECTION 22 -236. A COMPLETELY BURNED OUT SINGLE FAMILY HOME ON THE PROPERTY, FOLIO NO: 37164480005 VIOLATION ADDRESS: 440 5TH STREET SW, NAPLES 12. CASE NO: CEPM20130005782 OWNER: BANC OF AMERICA FUNDING CORP OFFICER: INVESTIGATOR JOE MUCHA 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 VII. Vlll IX. X. XI. OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: 1. 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: 361 18040007 VIOLATION ADDRESS: 17005 IIT STREET SW, NAPLES CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. REPORTS NEXT MEETING DATE: February 7, 2014, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida ADJOURN 9 December 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. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 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: 9:32 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: • #8-CASE NO: PU4546-CEEX20130013624-PACIFICA NAPLES LLC • #9-CASE NO: PU4547-CEEX20130013625-PACIFICA NAPLES LLC • #21 -CASE NO: CENA20130014909-PROPERTIES OF S&0 INC. Under item V.B —Hearings, the following cases were withdrawn: • #2 - CASE NO: SO157745-CEEX20130014881 -MARTIN PATTON • #3 -CASE NO: SO180019-CEEX20130015345- CLAUDE LEVESQUE • #4-CASE NO: S0178601-CEEX20130014885-TIMOTHY CAIN • #6-CASE NO: PR050935-CEEX20130013302-JEAN LOUIJEAN • #7-CASE NO: PR051108-CEEX20130016762-BRUCE EDWARDS • #12-CASE NO: CESD20120007103-HARRY MARTENS AND VIRGINIA S MARTENS • #14-CASE NO: CEPM20130010467-KAREY H.REBELLO • #20-CASE NO: CEPM20130005355-EBED GUADARRAMA AND IRMA GUADARRAMA Under VI.A —Motion for Imposition of Fines, the following case was withdrawn: • #2-CASE NO: CEPM20110012361-MR.99 CENTS INC. • #10-CASE NO: CEPM20130008645-MUSTAFA KEMAL ASLAN AND HITAY ASLAN The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—November 15, 2013 The minutes of the November 15, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction/Abatement of Fines None B. Motion for Continuance 2 December 6, 2013 None C. Motion for Extension of Time I. CASE NO: CESD20120001702 OWNER: MARTIN BUENROSTRO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).A CARPORT ENCLOSED AND CONVERTED INTO LIVING SPACE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 64920320000 VIOLATION ADDRESS:906 N 18TH STREET,IMMOKALEE The Respondent's contractor submitted the request in writing. Investigator Rodriguez represented the County and had no objection to the Request. The Special Magistrate GRANTED the Respondents'Motion for an Extension of Time until February 7, 2014. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: PU4546-CEEX20130013624 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAW&ORD,CHAPTER 118,SECTON 62,63,AND 64. UNLAWFUL DUMPING, ACCUMULATION,AND STORAGE OF LITTER. FOLIO NO: 35830040001 VIOLATION ADDRESS:4250 HERITAGE CIRCLE,NAPLES Investigator Sanchez requested the hearing. The Stipulation was entered into by the Respondent's representative Hilda Beaber on December 6, 2013. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of this case by January 6, 2013. 2. Pay $5.00 Administrative Fee. 3. Pay a fine of$250.00 Total Amount Due: $305.00 2. CASE NO: PU4547-CEEX20130013625 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAW&ORD,CHAPTER 118,SECTON 102, 104(5B), 105. GARBAGE SERVICE TERMINATED DUE TO NON-PAYMENT. FOLIO NO: 35830040001 VIOLATION ADDRESS:4250 HERITAGE CIRCLE,NAPLES Investigator Sanchez requested the hearing. The Stipulation was entered into by the Respondent's representative Hilda Beaber on December 6, 2013. 3 December 6, 2013 The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of this case by January 6, 2014. 2. Pay $5.00 Administrative Fee. 3. Pay a fine of$250.00 Total Amount Due: $305.00 This case was heard after item V.B.11 3. CASE NO: CENA20130014909 OWNER: PROPERTIES OF S&0 INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER. FOLIO NO: 25580760007 VIOLATION ADDRESS: 106 S 3'D STREET,IMMOKALEE Investigator Morad requested the Hearing. The Stipulation was entered into by the Respondent's representative Naser Abqeoab on December 6, 2013. 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 January 6, 2014. 2 Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items in a completely enclosed structure by December 13, 2013 or a fine of$100.00 per day fine will be imposed for each day the violation remains. 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 this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 B. Hearings 1. CASE NO: S0173597-CEEX20130016148 OWNER: LEO THOMPSON AND DONNA THOMPSON OFFICER: DEPUTY SIEGEL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS:WALMART,NAPLES Deputy Siegel represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated 10/28/13 4 December 6, 2013 Donna Thompson was present and testified that: • On October 28, 2013 she was in excruciating pain with extremely limited mobility and visited the doctor who provided a prescription for her. • She proceeded to Wal-Mart to have the prescription filled and given here condition needed to park as close as possible to access the store. • The most available space was a handicap parking space, which she occupied without the proper authorization. • When she returned to the car a citation had been issued. • She provided a letter (Exhibit A) dated October 30, 2013, from Neuroscience and Spine Associates verifying she had been at their facility seeking treatment the day of the incident. • Subsequent to the event, she has not ascertained authorization to park in a handicap parking space as she currently has no valid reason for issuance of the permit. • She requested the Special Magistrate to take these facts into consideration in her decision on whether the citation should be dismissed. The Special Magistrate took the case UNDER ADVISEMENT to provide Ms. Thompson the opportunity to obtain a new letter from the treating physician that her condition was urgent the day of the incident justifying her utilizing a handicap parking space (or similar wording). 10. CASE NO: C012180-CEVFH20130012277-(Case combinted with Case No. 11) OWNER: CARLTON C.GRAHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 142,SECTION 142-30(A)AND 142-33(C). OPERATING A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID CERTIFICATE TO OPERATE. VIOLATION ADDRESS:NAPLES AIRPORT,NAPLES 11. CASE NO: C012181-CEVFH20130014575 OWNER: CARLTON C.GRAHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 142, SECTION 142-30(A)AND 142-33(A). OPERATING A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID ID ISSUED BY COLLIER COUNTY. VIOLATION ADDRESS:NAPLES AIRPORT,NAPLES The Cases were continued from the November 15, 2013 hearing. Supervisor Snow, Investigators Short, Ford and Lopez-Silvero represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated 9/23/13 Composite B: copies of 2 online advertisements. Mr. Graham was present and objected to Composite Exhibit B as he did not place the advertisements and are the result of outside parties providing online contact information for businesses. His objection was overruled. Investigator Musse provided an overview of the case in which Mr. Graham had been contacted by Code Enforcement officials to provide transportation during a"sting" operation. Mr. Graham quoted a price for the fare over the telephone and arrived at the Naples Airport location. The 5 December 6, 2013 case was continued from the November 15, 2013 hearing pending an appearance by Investigator Lopez- Silvero he was on scene and made contact with Mr. Graham the day of the incident. Investigator Lopez-Silvero reported he posed as the client at the scene and was waiting at the airport walkway when Mr. Graham drove up. He spoke to Mr. Graham through the open car window, where Mr. Graham confirmed a fare and instructed him to enter the vehicle. Mr. Graham explained he was contacted numerous times by telephone and could not reach the party by telephone to notify them that he no longer provided service. He never received any money or provided any transportation to any individuals at the scene. He was in the area the day in question as he maintains an office at the Naples Airport and made contact with the Investigator to notify him he no longer provides transportation services. Supervisor Snow reported Section 142.26 of the Ordinance does not require compensation to have occurred, or monies exchanging rather"the intent to receive compensation for providing such transportation. " He provided Section 142-26 of the Ordinance for the Special Magistrate's review. After hearing the testimony and reviewing the evidence the Special Magistrate found the Respondent GUILTY of Operating a Vehicle Hire Operating a Motor Vehicle for Hire upon the public streets of the County without first obtaining a valid Certificate to Operate (Case #10) and Operating a Motor Vehicle for Hire upon the public streets of the County without first obtaining a valid ID issued by Collier County (Case #11). The Respondent was ordered to pay a Fine in the amount of$500.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee for Case #10 and a Fine of$250.00 and a $5.00 Administrative Fee for Case #11. Total Amount Due: $810.00 She noted the online advertising was not a factor in the decision given Mr. Graham may have no control over placement of those advertisements. 22. CASE NO: CEEX20130017431 OWNER: JACKIE LARSON OFFICER: SHANNON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14, SECTION 14-35. DANGEROUS DOG. VIOLATION ADDRESS:4421 1ST AVENUE NW,NAPLES Special Magistrate Garretson reported the case was an appeal by Ms. Larson,that her dog "Felony" was declared a"Dangerous Dog"by the County. Animal Control Supervisor Andrade and Officer Walker represented the County. County Evidence Entered: Composite Exhibit A: 4 photos depicting the injuries to the witness's dog. Ms. Larson was present. Dragana Blagojevic a witness to the event testified that: • On October 27, 2013 she was walking her dog, a poodle, on a leash with children in a stroller along a public street near her home. 6 December 6, 2013 • From the opposite side of the street a pit bull (Felony) and terrier exited the Ms. Larson's yard and Felony immediately attacked her dog. • Her dog was bit in the face and shaken in the air and suffered multiple wounds during the attack. • Veterinary care was required for the victim. Ms. Larson testified: • The dogs did exit the yard as the gate to the fence was left open. • The attack was an isolated incident. Supervisor Andrade testified"Felony"has a history of complaints including: • 7/19/13 - running loose in street, acting aggressively. • 6/22/13 - running loose. • 12/19/11 -running loose and acting aggressively. • 10/24/11 - alleged injury of a golden retriever, victim owner confirmed, unconfirmed by County as when officers arrived, "Felony" was not at the scene. • 3/15/11 - attempted to attack 2 children in street. • 1/21/11 - report of"Felony" chasing bicyclist. • 1/21/11 - bit someone who provided a positive identification of"Felony"— "Felony" was quarantined and escaped and was then required to complete quarantine time in County custody. Ms. Larson stated that there is no proof the dog has perpetrated"serious injury or death"to another animal. Supervisor Andrade outlined the requirements of the Ordinance 14.36.1.A.3 which in part states: Dangerous dog means any dog that according to the records of the appropriate authority: (3) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack,provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. A serious injury or death is not required for the dog to be deemed"Dangerous." Ms. Larson reported that she was unaware of that Section of the Ordinance. After reviewing the evidence and considering the testimony, The Special Magistrate UPHELD the County decision to deem "Felony"a "Dangerous Dog." Break: 11:05 A.M. Reconvened: 11:15 A.M. 5. CASE NO: PR051305-CEEX20130014782 OWNER: RICK GUR AND KATIE GUR OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS: CLAM PASS PARK,NAPLES 7 December 6, 2013 Date of Hearing Notice by Certified Mail: 9/20/12 Ranger Araquistain was present. The Respondent was not present. Ranger Araquistain testified that on the day of the incident (October 9, 2013) 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 13. CASE NO: CENA20130013748 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTIONS 54-179 AND 54-181. A HOMELESS LIVING AREA WITH LITTER AND DEBRIS THROUGHOUT THE PROPERTY. FOLIO NO: 76210840000 VIOLATION ADDRESS:NO SITE ADDRESS Date of Hearing Notice by Certified Mail: 11/20/13 Investigator Short presented the case. Evidence entered: Composite Exhibit A: 2 photos dated 10/2/13 Composite Exhibit B: 2 photos dated 12/5/13 The violation remains as of December 6, 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 January 6, 2014. 2. Abate the violation by removing and disposing all unauthorized litter on the property by December 13, 2013 or a fine of$100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 15. CASE NO: CEPM20130012039 8 December 6, 2013 OWNER: PATRICK FEVRIER AND JACQUELINE FEVRIER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1),22-231(12)(n)AND(c),(15)AND(19). CONFIRMATION OF GARAGE TYPE STRUCTURE IN NEED OF MAINTENANCE TO ROOF AND SOFFIT AREA. COVER OVER POOL IS DETERIORATED,EXPOSING STAGNANT GREEN WATER. FOLIO NO: 422520003 VIOLATION ADDRESS:6090 EVERETT STREET,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 Investigator Pulse presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 8/29/13 Exhibit B: 1 photo dated 9/10/13 Exhibit C: 1 photo dated 10/10/13 The violation remains as of December 6, 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$112.47 incurred by Code Enforcement during the prosecution of the case on or before January 6, 2014. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion by January 6, 2014 to restore the property to a permitted condition consistent with the Collier County Property Maintenance Ordinance or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. 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 December 13, 2013 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; 4. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before December 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 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: $112.47 16. CASE NO: CEPM20130012192 OWNER: JUAN M.GONZALEZ AND NAYELIS GONZALEZ OFFICER: INVESTIGATOR JIM KINCAID 9 December 6, 2013 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTIONS 22-228(1),22-231(12)(m),22-241(2)AND 22-242. PARTIALLY BOARDED UNSECURED IMPROVED RESIDENTIAL PROPERTY,ROTTED WOOD ON EXTERIOR AND SCREEN PORCH IN A STATE OF DISREPAIR. FOLIO NO: 62046960003 VIOLATION ADDRESS: 5370 MCCARTY STREET,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/19/13 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 9/5/13 Exhibit B: 1 photo dated 9/12/13 Composite Exhibit C: 3 photos dated 12/5/13 The violation remains as of December 6, 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$112.29 incurred by Code Enforcement during the prosecution of the case on or before January 6, 2014. 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy on or before to repair or replace all property maintenance violations by 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 Collier County Boarding Certificate and board the structure to the required specifications by December 13, 2013 and obtain all required Collier County permits/inspections and Certificate of Completion/Occupancy by June 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. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 17. CASE NO: CESD20130012976 OWNER: JUAN M.GONZALEZ AND NAYELIS GONZALEZ OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). ALTERATIONS TO THE STRUCTURE,PLUMBING SYSTEM,AND ELECTRICAL SYSTEM OF IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62046960003 VIOLATION ADDRESS: 5370 MCCARTY STREET,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/19/13 Investigator Kincaid presented the case. 10 December 6, 2013 The Respondent was not present. Evidence entered: Exhibit A: Property Appraiser Card Composite Exhibit B: 2 photos dated 9/12/13 Composite Exhibit C: 2 photos dated 12/5/13 The violation remains as of December 6, 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 112.29 incurred by Code Enforcement during the prosecution of the case on or before January 6, 2014. 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy on or before April 6, 2014 or a fine of$200.00 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. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 18. CASE NO: CENA20130011285 OWNER: FLORIDA GEORGIA GROVE LLP OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(a). WEEDS EXCEEDING 18 INCHES ON IMPROVED PROPERTY WITH UNOCCUPIED STRUCTURES AND PROPERTY PARTIALLY SECURED WITH A CHAIN LINK FENCE. FOLIO NO: 26085200003 VIOLATION ADDRESS: 318 MAMIE STREET,CHOKOLOSKEE Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/15/13 Investigator Lopez-Silvero presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 11/18/13 Composite Exhibit B: 6 photos dated 12/5/13 The violation remains as of December 6, 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$112.82 incurred in the prosecution of the case by January 6, 2014. 2. Abate all violations by mowing or removing by any means necessary any and all weeds, grass or similar non protective overgrowth in excess of 18 inches to a height of less than 6 inches by December 30, 2013 or pay a fine of$50.00 a day that the violation remains unabated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 11 December 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 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: $112.82 19. CASE NO: CENA20130014800 OWNER: RICHARD L.GOSSARD SR,CAROL GOSSARD,RICHARD L.GOSSARD JR,AND EVONNE M.ESTEP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTIONS 54-179, 54-181,AND 54-185(a).WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT AND LITTER ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62156880002 VIOLATION ADDRESS: 5310 SHOLTZ STREET,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/19/13 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 9/26/13 Composite Exhibit B: 3 photos dated 12/5/13 The violation remains as of December 6, 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 January 6, 2014. 2. Abate the violations by mowing or causing to mow any and all weeds,grass or other similar non protective overgrowth in excess of 18 inches to a height of less than 6 inches by December 13, 2013 or pay a fine of$50.00 a day that the violation remains unabated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Abate the violation by remove or cause to remove all unauthorized accumulation of litter by December 13, 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. 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. 12 December 6, 2013 Total Amount Due: $112.20 C. Emergency Cases: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. 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: 11/20/13 The Respondent was not present. Investigator Sanchez presented the case noting the violation has not been abated. Fine Amount: $100.00/day; $250.00 one time. Duration: 77 days Total Fine Amount: $7,950.00 Unpaid Operational Costs: $55.00 Unpaid Administrative Fee: $5.00 Total to Date: $8,010.00 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$8,010.00. Said amount to become a lien on the property with fines continuing to accrue. 3. 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: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/20/13 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Fine Amount: Part B: $500.00/day; Part C: $250.00/day Duration: 49 days Total Fine Amount: $36,750.00 Unpaid Operational Costs: $112.73 Total to Date: $36,862.73 13 December 6, 2013 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$36,682.73. Said amount to become a lien on the property with fines continuing to accrue. 4. 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: 11/22/13 Date of Hearing Notice Property/Courthouse Posting: 11/25/13 The Respondents were not present. Supervisor Bosa presented the case noting the violation has abated. Fine Amount: $100/day Duration: 42 days Total Fine Amount: $4,200.00 Unpaid Operational Costs: $112.47 Total to Date: $4,312.47 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$4,312.47. Said amount to become a lien on the property. 5. CASE NO: CEV20130008497 OWNER: DEBORAH J.HANCOCK OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(a). REPEAT VIOLATION OF A BOAT/RECREATIONAL VEHICLE STORED IN DRIVEWAY. FOLIO NO: 62416081004 VIOLATION ADDRESS: 848 104TH AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 The Respondent was not present. Supervisor Snow reported the violation has been abated, however the Operational Costs in the amount of$112.38 have not been paid. Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$112.38. Said amount to become a lien on the property. 6. 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. 14 December 6, 2013 FOLIO NO: 27633480009 VIOLATION ADDRESS:257 EGRET AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 The Respondents were not present. Supervisor Snow presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 30 days Total Fine Amount: $3,000.00 Total to Date: $3,000.00 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$3,000.00. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CEPM20130000199 OWNER: DANIEL W.SASAKI AND JULIE B.CARLIN-SASAKI OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15).UNMAINTAINED POOL. FOLIO NO: 59960214262 VIOLATION ADDRESS: 16540 CELLINI LANE,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 The Respondents were not present. Supervisor Snow presented the case noting the violation has been abated. Fine Amount: $250.00/day Duration: 132 days Total Fine Amount: $33,000.00 Unpaid Operational Costs: $112.38 Total to Date: $33,112.38 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$33,112.38. Said amount to become a lien on the property. 8. 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: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/25/13 The Respondent was not present. Supervisor Snow reported the violation has been abated, however the Operational Costs in the amount of$112.29 have not been paid. 15 December 6, 2013 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$112.29. Said amount to become a lien on the property. 9. CASE NO: CEPM20130004506 OWNER: NELL H.EFIRD OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(i)AND(12)(q). BROKEN WINDOW PANE ON EAST SIDE OF HOME AND FALLING PATIO ROOF ON EAST SIDE OF HOME. FOLIO NO: 62834000007 VIOLATION ADDRESS: 541 100TH AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 The Respondent was not present. Supervisor Snow presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 147 days Total Fine Amount: $36,750.00 Unpaid Operational Costs: $112.64 Boarding Costs: $1,598.80 Demolotion Costs: $1,885.00 Total to Date: $40,346.44 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$40,346.44. Said amount to become a lien on the property with fines continuing to accrue. 11. CASE NO: CEPM20130005654 OWNER: RICK SUMMERS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236.A COMPLETELY BURNED OUT SINGLE FAMILY HOME ON THE PROPERTY. FOLIO NO: 37164480005 VIOLATION ADDRESS:440 5TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 11/20/13 Date of Hearing Notice Property/Courthouse Posting: 11/22/13 The Respondents were not present. Supervisor Bosa presented the case noting the violation has been abated by the County. Fine Amount: $250.00/day Duration: 102 days Total Fine Amount: $25,500.00 Unpaid Abatement Costs: $4,075.00 Unpaid Operational Costs: $112.38 Total to Date: $29,687.38 16 December 6, 2013 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$29,687.38. Said amount to become a lien on the property. 12. CASE NO: CEPM20130005782 OWNER: BANC OF AMERICA FUNDING CORP OFFICER: INVESTIGATOR JOE MUCHA 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 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 Imposition of Fines. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: 1. 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 Ms. Adams reported the incorrect Ordinance was cited in the previously issued Order. The Special Magistrate GRANTED the County's Motion to Rescind a Previously Issued Order. 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: February 7, 2014, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor,Naples, Florida 17 December 6, 2013 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:15 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING r, �da arWon, Special Magistrate The Minutes wer pproved by the Special Magistrate on p / 14 , as presented ✓ , or as amended . 18