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CESM Minutes 02/07/2014 Code Enforcement Special Magistrate Minutes February 7 , 2014 February 7, 2014 MINUTES OF THE HEARING 0 H ''Mir' `4o COLLIER COUNTY SPECIAL MAGI` E o R/0 C1 q • /8 ��F y Naples, Florida, February ' 0144 CO14R fS 0� 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 February 7, 2014 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: 9:35 P.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: • #20-CASE NO: CEPM20130002922 -OWNER: ARON RESA AND ELVIRA RESA • #16-CASE NO: CEPM20130014959-OWNER: O'RYAN L. ATKINSON • #13 -CASE NO: CEV20130017923-OWNER: ERNEST VALDASTRI Under item V.B. —Hearings, the following cases were withdrawn: • #2-CASE NO: SO158113-CEEX20130017149-OWNER: DANIEL RUIZ • #4-CASE NO: S0141237-CEEX20130016748-OWNER: CHRISTINA LYNCH • #7-CASE NO: PR051163-CEEX20130019086-OWNER: BERT ACKFORD • #8-CASE NO: PR051618-CEEX20130017820 -OWNER: SIDNEY FREUND • #9-CASE NO: PR051702-CEEX20130018754-OWNER: JEFF RAITTO • #12-CASE NO: CESD20130017089-OWNER: HSRAA IL FUND 1 LLC • #19-CASE NO: CEV20130017702-OWNER: GISELA DEMETRIZ • #26-CASE NO: CENA20130017308-OWNER: ROBERT P.PEKAR • #27-CASE NO: CEA20130017684-OWNER: GERALD L.RAINWATERS AND SHIRLEY A. RAINWATERS Under V.C. —Emergency Cases,the following cases were added to the Agenda: • #1 - CASE NO: CEPM20140000106-OWNER: CIRO MARTINEZ • #2- CASE NO: CEPM20140000371 -OWNER: WALTER DAVID CRAWFORD Under VI.A. —Motion for Imposition of Fines, the following case was withdrawn: • #15 -CASE NO: CEPM20120016343-OWNER: JOSEPH FERIO FRANCOIS The Special Magistrate approved the Agenda as modified. 2 February 7, 2014 III. APPROVAL OF MINUTES—December 6,2013 The minutes of the December 6, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Continuance None B. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEPM20130002922 OWNER: ARON RESA AND ELVIRA RESA OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(12)(I). WINDOWS NOT MAINTAINED IN GOOD REPAIR. FOLIO NO: 66880040004 VIOLATION ADDRESS:302 S 6TH STREET, IMMOKALEE Investigator Morad requested the hearing. The Stipulation was entered into by the Respondent Elvira Resa on February 4, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of this case by March 7, 2014. 2. Abate all violations by obtaining all required Collier County Building Permit(s), through inspections and Certificate of Completion/Occupancy and properly fit all windows within its frame,provide a lockable hardware and shall be weather tight and weatherproofed, and maintained in good repair by February 28, 2014, or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation 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: $115.18 2. CASE NO: CEPM20130014959 OWNER: O'RYAN L.ATKINSON OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY 3 February 7, 2014 MAINTENANCE CODE, SECTION 22-231(17). DRIVEWAY/APRON IN DISREPAIR. FOLIO NO: 29780360009 VIOLATION ADDRESS: 1069 HIGHLANDS DRIVE,NAPLES Investigator Box requested the hearing. The Stipulation was entered into by the Respondent O'Ryan Atkinson on February 6, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of this case by March 7, 2014. 2. Abate all violations by obtaining all required Collier County Building Permit(s), through inspections and Certificate of Occupancy by May 7, 2014, or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 3. CASE NO: CEV20130017923 OWNER: ERNEST VALDASTRI OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III, SECTIONS 130-95 AND 130-96(A)AND THE COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41,AS AMENDED, SECTION 4.05.03(A). VEHICLES WITH EXPIRED OR NO VALID TAG. RECREATIONAL VEHICLES PARKED IN THE FRONT YARD.VEHICLES PARKED IN NON-DESIGNATED AREAS(ON THE GRASS). ALL REPEAT VIOLATIONS. FOLIO NO: 49532360004 VIOLATION ADDRESS:30 CREEK CIRCLE,NAPLES Supervisor Letourneau represented the County. The Stipulation was entered into by the Respondent Ernest Valdesti on February 6, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case by March 7, 2014. 2. Pay a fine of$500.00 for repeat offenses. 3. Abate all violations by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure, and or repair the defects so vehicle is immediately operable or remove offending vehicles from residentially 4 February 7, 2014 zoned area by February 14, 2014, or a fine of$50.00 a day will be imposed untl the violation is abated, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Storing all recreatonal vehicles in the rear yard of the property, or storing them in a completely enclosed structure, or remove them from the property by February 14, 2014, or a fine of$50.00 a day will be imposed untl the violation is abated, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 5. Parking all automobiles (passenger vehicles) on a designated parking area by February 14, 2014, or a fine of$50.00 per day will be imposed until the violation is abated, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 6. Notify Code Enforcement within 24 hours of abatement of the violation and request that 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. 7. 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: $115.10 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20130005552 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(11).NO ELECTRICITY POWER TO THE HOUSE. FOLIO NO: 65671240001 VIOLATION ADDRESS:696 PINE VALE DRIVE,NAPLES Robert Harris, Power of Attorney for Doris Lee Staton Roso was present. Supervisor Mucha presented the case noting the violation has not been abated as of 2/7/14. Special Magistrate Order: 5/3/13, OR 4922, PG 594; 6/7/13, OR 4936, PG 3984; 9/6/13, OR 4966, PG 2094 and OR 4966, PG 2123 Fine Amount: $500.00/day Duration: 9/21/13 —2/7/14 (140 days) Total Fine Amount: $70,000.00 Unpaid Operational Costs: $227.53 Total to Date: $70,227.53 Mr. Harris objected to the Imposition of Fine as the dwelling is serviced with electricity via a generator. The County Ordinance requiring service provided by Florida Power and Light is not in accordance with Federal law. 5 February 7, 2014 Mr. Wright reported the County will allow service by electricity other than that provided by FPL, however the alternate service must be in accordance with approved electrical codes. Mr. Harris has obtained the necessary approvals to permit the service by generator. 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$70,227.53. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CEPM20130011727 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(2).NO RUNNING WATER TO OCCUPIED STRUCTURE. FOLIO NO: 65671240001 VIOLATION ADDRESS:696 PINE VALE DRIVE,NAPLES Robert Harris, Power of Attorney for Doris Lee Staton Roso was present. Supervisor Mucha presented the case noting the violation has been abated as of 12/10/13 Special Magistrate Order: 9/6/13 No: 4968 Page: 1926 Fine Amount: $500.00/day Duration: 9/21/13 — 12/10/13 (81 days) Total Fine Amount: $40,500.00 Unpaid Operational Costs: $227.34 Total to Date: $40,727.34 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$40,727.34. Said amount to become a lien on the property. 3. CASE NO: CEPM20130013841 OWNER: DORIS LEE STATON ROSO AND SHEILA JAMESON OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(12)(I)AND 22-242. CONDEMNED STRUCTURE THAT IS UNSECURED DUE TO REAR SLIDERS REMOVED. FOLIO NO: 65671240001 VIOLATION ADDRESS: 696 PINE VALE DRIVE,NAPLES Robert Harris, Power of Attorney for Doris Lee Staton Roso was present. Supervisor Mucha presented the case noting the violation has abated by the County. Special Magistrate Order: 10/4/13, OR 4976, PG 873 and 11/15/13, OR 4990 PG 3024 Fine Amount: $250.00/day Duration: 10/8/13 —2/7/13 (123 days) Total Fine Amount: $30,750.00 Unpaid Abatement Costs: $1,845.68 Unpaid Operational Costs: $227.05 Total to Date: $32,822.73 6 February 7, 2014 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$32,822.73. Said amount to become a lien on the property. B. Hearings 1. 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 Claude Levesque was present and testified: • On 10/20/13, he was in the Costco parking lot aisle waiting for his wife to exit the store. • While waiting, traffic built up behind him so he pulled into a space reserved for handicapped patrons to allow traffic to pass. • Immediately, the Deputy pulled behind him blocking him in so he could not exit the space. • He never exited the vehicle, nor removed his seat belt and was not officially parked as he was attempting to maneuver his vehicle out of the space when the officer approached. Deputy Hill represented the County: Evidence Entered: Composite Exhibit A: 4 photos dated 10/20/13 • On the day of the incident, on routine patrol, he observed the Respondent occupying a space reserved for handicapped patrons without the proper authorization displayed or present in the vehicle. • During the course of his duties, he does not base his decision to issue the citation on an individual's explanation for illegally occupying parking spaces. • Accordingly, he issued the citation. After hearing the evidence the Special Magistrate GRANTED the Respondent request for dismissal of the citation 10. CASE NO: DAS14391-CEEX20140000259 OWNER: CARLOS ADAN CRUZ OFFICER: DAS OFFICER PAUL MORRIS VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14-34, SECTION 1(H) NOISE NUISANCE VIOLATION ADDRESS: 860 DESOTO BLVD N,NAPLES Officer Paul Morris represented the County. Carlos Cruz, Lisatte Cruz and Jose Lago, Attorney were present Mr. Cruz testified: • He harbors 13 dogs. • His property is 2 3/4 acres in size with the dogs kept at the rear of the property. • His dogs do not bark. • The dogs have not been guilty of any activity that violates the County Ordinances. 7 February 7, 2014 Mrs. Cruz testified: • That the complaints filed are the result of a neighbor dispute and are false allegations. • The dogs do not bark 24 hours a day, 7 days a week. Mr. Morris entered the following affidavits into the record: • Yazmin Fresneda- 4570 8th Ave NE, dated 12/2/13 • James Abel - 825 DeSoto Blvd. dated,N 12/2/13 • Gretchen Rice - 830 DeSoto Blvd. N., dated, 11/26/13 Mr. Morris also displayed 4 photos and a Google Earth map of the location of the subject properties. Break: 10:49 A.M. Reconvened: 10:58 A.M. Gretchen Rice testified: • Her home is 150 feet from the dogs cages. • The dogs bark during the night wake her children, one of which is a special needs child. • There is no "sound barrier"between the properties. • Her filing of the affidavit was not due to a"neighbor" issue. Under Mr. Lago's questioning Ms. Rice testified • She does harbor a dog, which remains primarily indoors. • She filed the affidavit under her own accord, and no one directed her to file it as she is familiar with the County process to address these issues. James Abel testified: • His house is located 250 feet from the Cruz's property. • He is "tired" of the barking dogs as the Cruz's have no consideration for the neighbors. • He charts the barking activity and as an example, on February 3, 2014,the dogs barked from 1:57 A.M. to 2:36 A.M. Under Mr. Lago's questioning Mr. Abel testified: • The complaint is not a personal issue with the Cruz's, he just wants the dogs to stop barking. Under Mr. Lago's questioning, Mr. Morris testified: • He has visited the Cruz's property 6—7 times. • He has not heard the dogs bark"excessively" when he has visited the site. After consideration of the testimony and evidence entered, the Special Magistrate UPHELD the Issuance of the Citation. She recommended the Domestic Animal Service Officers work with the Respondent to identify avenues to alleviate the nuisance issues. 8 February 7, 2014 VI. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: 20. CASE NO: CENA20130010438 OWNER: FAIRHOMES SILVER LININGS LLC OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI, SECTION 54-185(b). WEEDS/GRASS IN EXCESS OF 18 INCHES IN HEIGHT WITHIN 30 FEET OF RESIDENTIAL STRUCTURE. FOLIO NO: 45849120009 VIOLATION ADDRESS: 1040 11TH STREET SW,NAPLES Steven Peterson,Attorney for the Respondent was present. Supervisor Bosa reported that the violation has been abated and the Operational Costs have been paid. The Special Magistrate DENIED the County's Motion for Imposition of Fines. V. PUBLIC HEARINGS (Continued) 3. CASE NO: S0180100-CEEX20130019002 OWNER: CARMINE MARCENO OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66(1)(H)FIRE LANE VIOLATION ADDRESS: HOME DEPOT,PINE RIDGE ROAD,NAPLES Mr. Marceno was present and testified: • On 12/7/13, he was parked in the Home Depot parking lot and when he returned from shopping noticed his car had been vandalized or"keyed." • He reported the incident to the store manager and requested an incident report be filed. • The Manager directed him to bring his car up to the exit area of the store so it could be inspected. • He parked the vehicle as directed, and as he was waiting for the inspection by store personnel, the Deputy pulled up behind his vehicle and issued a Citation for illegally parking in a Fire Lane. • He requested the Citation be dismissed as he was following the directive of the Store Manager. Deputy Hill was present Evidence Entered: County Exhibit A— 1 photo dated 12/7/13 Deputy Hill testified he was on routine patrol when he observed the vehicle parked in the Fire Lane and accordingly, issued the Citation. After hearing the evidence, the Special Magistrate took the case UNDER ADVISEMENT and continued the case until March 7, 2014. She requested Mr. Marceno ascertain a letter from the Home Depot Store Manager stating Mr. Marceno was directed by Staff to bring his vehicle to the doorway where it could be inspected. Said letter is to be "witnessed." 5. CASE NO: 50180064-CEEX20130018083 OWNER: JOANNE YOUMAN OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 9 February 7, 2014 HANDICAPPED SPACE VIOLATION ADDRESS: PETSMART, PINE RIDGE ROAD,NAPLES Joanne Youman was present. Deputy Hill represented the County. County Evidence Entered: Composite Exhibit A: 2 photos dated 11/16/13, depicting the alleged violation. Ms. Youman testified that on 11/16/13, she entered the PetSmart parking lot and parked on the striped area available for use for loading and unloading patrons utilizing a handicapped space. She was unaware the area identified by the markings prohibits parking of vehicles. After hearing the evidence the Special Magistrate DENIED the Respondent request for dismissal of the citation and ordered her to pay a $250.00 Fine, $50.00 Operational Costs and$5.00 Administrative Fee for a total amount due of$305.00 Total Amount Due: $305.00 6. CASE NO: PR051606-CEEX20130017327 OWNER: JAMIE KHAWAJA OFFICER: PARK RANGER M.ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA. EXPIRED METER,EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS:VANDERBILT BEACH,NAPLES Jamie Khawaja was present. Ranger Araquistain represented the County. Mr. Khawaja testified on 11/16/13, he parked at his vehicle and did not realize he had an unexpired beach parking sticker as he had ascertained a valid sticker previous to this day and it was not placed on the vehicle. After hearing the evidence the Special Magistrate reported Mr. Khawaja could take the sticker to a Code Enforcement representative at their office and pay a $5.00 Administrative Fee. Total Amount Due: $5.00 11. CASE NO: C012183-CEVF1120130016780 OWNER: JONATHAN LLUBERES OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAW&ORD. 142, SECTION 142-30(A)AND 33(C) OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS:MERCATO,NAPLES Mr. Lluberes was present. Investigator Short represented the County. Evidence Entered: Exhibit A: Copy of Craigslist Ad offering vehicle for hire service Composite Exhibit B: 2 photos of the Respondents vehicle on scene 10 February 7, 2014 Mr. Lluberes testified: • He holds a Lee County Vehicle for Hire license, however is not authorized to operate the service in Collier County. • On the evening of 11/8/13, he received a call from Investigator Short in response to a Craigslist advertisement offering vehicle for Hire Services. • Mr. Short told Mr. Lluberes he was intoxicated and was in need of a ride home and could not obtain any taxi service at the location, a commercial establishment. • Upon the request he told Mr. Short he could not provide the service and hung up the phone. • After reconsidering, given Mr. Short's condition, he called him back and arranged the service. • When he appeared on the scene he engaged the officers, unbeknownst to him, the request was part of a"sting" operation. Investigator Short testified: • The County conducts "sting" operations in response to reports there is unlicensed for Vehicle for Hire activity within the County creating unfair competition for licensed vendors. • He placed a call to Mr. Lluberes based on his Craigslist Ad. • Mr. Lluberes appeared on scene and confirmed a fair rate of$28.00 for the service. • Accordingly a citation was issued. After hearing the Evidence, the Special Magistrate found the Respondent GUILTY of operating a Vehicle for Hire Service without holding the proper Collier County licensing and ordered to pay a $1000.00 fine, $50.00 Operational Costs and a $5.00 Administrative Fee for a total amount due of$1,055.00 by January 7, 2015. Total Amount Due: $1,055.00. 15. CASE NO: CESD20130012419 OWNER: REGINA VESTER OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).INSTALLATION OF WINDOWS WITHOUT APPLICABLE COLLIER COUNTY PERMITS(PERMIT 2006082452 TO INSTALL THREE WINDOWS HAS EXPIRED). FOLIO NO: 78920120005 VIOLATION ADDRESS:600 VALLEY STREAM DRIVE,NAPLES Regina and Gueste Vestor were present. Keith Marvelle, friend was present. Investigator Kincaid represented the County and reported the violation is a result of the previous owner obtaining a permit to replace the windows; however it was never"closed out" by the County. The work was never undertaken and the new owners are in the process of addressing the violation. 11 February 7, 2014 After hearing the testimony, the Special Magistrate CONTINUED the case to provide the parties the opportunity to resolve the case. The case may be placed on a future Agenda if necessary. 21. CASE NO: CEV20130016836 OWNER: MICHELLE LYNN PEARMAN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130-96(A). TRAILER IN DRIVEWAY. FOLIO NO: 36323840005 VIOLATION ADDRESS:2596 SANTA BARBARA BLVD,NAPLES Michelle and Curt Pearman were present. Investigator Giguere represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated 10/8/13 Exhibit B: 1 photo dated 10/24/13 Exhibit C: 1 photo dated 2/6/14 Mr. Pearman testified: • The property is used for residential purposes in the Santa Barbara Commercial Overlay zone. • The recreational vehicle definition does not apply as it is a commercial trailer and the zoning is Residential Multi Family/Santa Barbara Commercial Overlay allowing commercial uses. Investigator Giguere provided 6 pages LDC and County zoning map depicting property and testified: • The area is zoned Residential Multi Family/Santa Barbara Commercial Overlay with residential uses "grandfathered." • The property is considered a residential use property as the Respondents are residing on the property. • The Definition of a Recreational vehicle under the LDC is "A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes. " • The trailer cannot be visible from the street and it qualifies as a recreational vehicle as it is used for storing and transporting bicycles. • One option to abate the violation is to store the trailer in the rear area of the yard, on grass, (or other surface). After hearing the evidence the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered them to pay $114.95 in Operational Costs by March 7, 2014 and relocate the vehicle by February 13, 2014 or a fine of$50.00 per day will be imposed for each day the violation remains. Total Amount Due: $114.95 Break: 12:48 P.M Reconvened: 1:00 P.M 12 February 7, 2014 VII. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: CASE NO: CEPM20130003794 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 ARTICLE VI, SECTION 22-231(12)(n). ROOF ON DETACHED GARAGE IN A STATE OF DISREPAIR. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES Alejandra Lynch was present. Investigator Kincaid presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 12/7/13 —2/7/14 (63 days) Total Fine Amount: $6,300.00 Unpaid Operational Costs: $115.03 Total to Date: $6,415.03 Ms. Lynch testified she is in the process of abating the violation by obtaining the necessary County permits. She has retained an architect to prepare the necessary drawings. She intends to make structural alterations to connect the garage to the home and would like to abate the violation at that time. Investigator Kincaid reported the roof in disrepair is a health, safety and welfare issue, especially if a"high wind" event occurs and shingles blow of the roof Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$6,415.03. Said amount to become a lien on the property with fines continuing to accrue. 5. CASE NO: CESD20130003571 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(I)(a).UNPERMITTED SHED ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES Alejandra Lynch was present. Investigator Kincaid presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 12/7/13 —2/7/14 (63 days) Total Fine Amount: $6,300.00 Unpaid Operational Costs: $115.03 Total to Date: $6,415.03 Ms. Lynch reported she is working on abating the violation, has hired an architect to prepare drawings. She requested more time to abate the violation. 13 February 7, 2014 Investigator Kincaid reported the issue has been ongoing for some time. Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$6,415.03. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CENA20130009370 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI, SECTIONS 54-179 AND 54-181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES Alejandra Lynch was present. Investigator Kincaid presented the case noting the violation has been abated. The Special Magistrate DENIED the County's Motion for Imposition of Fines. 11. CASE NO: CEPM20130008645 OWNER: FIRST FRANKLIN MRTG LOAN TRUST 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 Janice Gover, Real Estate Agent represented the Respondent. Supervisor Bosa presented the case noting the violation has been abated. The Special Magistrate DENIED the County's Motion for Imposition of Fines. Break 1:30 P.M. Reconvened: 1:40 P.M. VI. PUBLIC HEARINGS (Continued) 14. CASE NO: CESD20130011486 OWNER: GMAC MORTGAGE LLC OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). REPLACED EXTERIOR DOOR AND FRAME WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36245440004 VIOLATION ADDRESS: 5071 19TH CT SW,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 Investigator Musse presented the case. The Respondents were not present. Evidence Entered: Composite Exhibit A: 2 photos dated 8/15/13 14 February 7, 2014 The violation remains as of 2/6/14. 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$115.30 incurred in the prosecution of the case by March 7, 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 either restore the structure to a permitted condition consistent with Collier County Property Maintenance Code or remove the structure by March 7, 2014 or a fine of$50.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County 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: $115.30 17. CASE NO: CEPM20130014998 OWNER: BARBARA H FURTER TR,ALFRED FURTER LIVING TRUST OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(17). DRIVEWAY/APRON IN DISREPAIR. FOLIO NO: 29780400008 VIOLATION ADDRESS: 1081 HIGHLANDS DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 Investigator Box presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 10/21/13 1 photo dated 11/22/13 The violation remains as of 2/7/14 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$115.25 incurred in the prosecution of the case by March 7, 2014. 2. Abate all violations by obtaining all required Collier County permits and inspections through the Certificate of Completion for repair/replacement of the 15 February 7, 2014 driveway apron by May 7, 2014 or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. Total Amount Due: $115.25 18. CASE NO: CENA20130015260 OWNER: VALENTE HERNANDEZ OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI, SECTION 54-185(a). WEEDS/GRASS IN EXCESS OF 18 INCHES. FOLIO NO: 769720003 VIOLATION ADDRESS:980 AUTO RANCH ROAD LOT 19,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/24/14 Investigator Patterson presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 10/23/13 Composite Exhibit B: 2 photos dated 2/6/14 The violation remains as of 2/7/14. 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$115.40 incurred in the prosecution of the case by March 7, 2014. 2. Abate all violations by mowing or causing to mow any and all weeds,grass or similar non protective overgrowth in excess of 18 inches to a height of less than 6 inches by February 14, 2014, 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. 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: $115.40 16 February 7, 2014 22. CASE NO: CEPM20130018213 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(15). REPEAT VIOLATION OF UNMAINTAINED POOL. COVERING IS IN A STATE OF DISREPAIR. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/4/13 Exhibit B: 1 photo dated 12/5/13 Exhibit C: 1 photo dated 2/6/14 The violation remains as of 2/7/14 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$115.40 incurred by Code Enforcement during the prosecution of the case on or before March 7, 2014. 2. Pay a Civil Penatlty of$500.00 by March 7, 2014. 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 February 14, 2014, or a fine of$500.00 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 safety hazards, insect infestations, and the intrusion of rain water on or before February 14, 2014, or a fine of $500.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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: $115.40 23. CASE NO: CENA20130018218 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JIM KINCAID 17 February 7, 2014 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI SECTION 54-179 AND 181. LITTER ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 12/4/13 Composite Exhibit B: 2 photos dated 2/6/14 The violation remains as of 2/7/14 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$115.40 incurred in the prosecution of this case by March 7, 2014. 2. Abate the violation by removing all unauthorized accumulation of litter and any and all abandoned or derelict property from the location in question to a site intended for final disposal, or store said items in a completely enclosed structure by February 14, 2014, or a fine of$100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.40 24. CASE NO: CESD20130018223 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED STRUCTURE ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 Investigator Kincaid presented the case. 18 February 7, 2014 The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/5/13 Exhibit B: 1 photo dated 2/6/14 The violation remains as of 2/7/14 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$115.40 incurred in the prosecution of the case by March 7, 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 March 7, 2014, or a fine of$100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.40 25. CASE NO: CENA20130019701 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: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photoz dated 12/31/13 Exhibit B: 1 photo dated 2/6/14 The violation remains as of 2/7/14 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$115.40 incurred in the prosecution of the case by March 7, 2014. 19 February 7, 2014 2. Pay a Civil Penalty of$500.00 by March 7, 2014. 3. Abate all violations by mowing or causing to mow any and all weeds,grass or similar non protective overgrowth in excess of 18 inches to a height of less than 6 inches by February 14, 2014, 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: $115.40 28. CASE NO: CENA20130019057 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54-185 (B). WEEDS IN EXCESS OF 18 INCHES AT THIS LOCATION(ESTATES ZONED). FOLIO NO: 30550000054 VIOLATION ADDRESS:2600 COACH HOUSE LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/22/14 Investigator Box presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/16/13 Exhibit B: 1 photo dated 1/14/14 The violation remains as of February 7, 2014. 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$115.18 incurred in the prosecution of the case by March 7, 2014. 2. Abate all violations by mowing or causing to mow any and all weeds,grass or similar non protective overgrowth in excess of 18 inches to a height of less than 6 inches by February 14, 2014, 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. 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 20 February 7, 2014 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: $115.18 29. CASE NO: CEPM20130009836 OWNER: KIM E.PEMBERTON AND CHANTE PEMBERTON OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). UNMAINTAINED POOL. FOLIO NO: 80671120009 VIOLATION ADDRESS:204 SILVERADO DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/22/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 Investigator Giguere presented the case. The Respondents were not present. Evidence entered: Exhibit A: 1 photo dated 1/26/13 Exhibit B: 1 photo dated 1/6/14 The violation remains as of 2/7/14. 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$115.03 incurred by Code Enforcement during the prosecution of the case on or before March 7, 2014. 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 February 14, 2014, 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 safety hazards, insect infestations and the intrusion of rain water on or before February 14, 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. 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 Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. 21 February 7, 2014 Total Amount Due: $115.03 C. Emergency Cases: 1. CASE NO: CEPM20140000106 OWNER: CIRO MARTINEZ OFFICER: INVESTIGATOR JOHN CONETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI SECTION 231(11). NO ELECTRICITY TO OCCUPIED DWELLING. FOLIO NO: 46573004209 VIOLATION ADDRESS: 193 SANTA CLARA DRIVE,NAPLES,FL 34104 Date of Hearing Notice by Certified Mail: 1/30/14 Date of Hearing Notice Property/Courthouse Posting: 1/28/14 Investigator Conetta presented the case. The Respondents were not present. Evidence Entered: Composite Exhibit A: 2 photos dated 1/16/14 The violation remains as of February 7, 2014. 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$115.40 incurred in the prosecution of the case by March 7, 2014. 2. Abate all violations by restoring electricity to the property with 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 to the property by February 10, 2014, 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. 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: $115.40 2. CASE NO: CEPM20140000371 OWNER: WALTER DAVID CRAWFORD OFFICER: INVESTIGATOR JOHN CONETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 231(2). NO RUNNING WATER TO OCCUPIED DWELLING. FOLIO NO: 81626560008 VIOLATION ADDRESS: 270 SUGAR LOAF LANE,NAPLES,FL, 34114 Date of Hearing Notice by Certified Mail: 1/30/14 22 February 7, 2014 Date of Hearing Notice Property/Courthouse Posting: 1/28/14 Investigator Conetta presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 1/16/14 The violation remains as of February 7, 2014. 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$115.40 incurred in the prosecution of the case by March 7, 2014. 2. Abate all violations by restoring water to the property with an active account with Collier County Public Utilities or vacate the property until an active account with Collier County Public Utilities is obtained and water has been restored to the property by February 10, 2014, 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. 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: $115.40 VII. NEW BUSINESS B. Motion for Imposition of Fines: 7. CASE NO: CEROW20120004308 OWNER: GREGORY WESTGATE OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(a).DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600204 VIOLATION ADDRESS: 129 4T11 STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/28/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 The Respondent was not present. Investigator Kincaid presented the case noting the violation has not been abated. Special Magistrate Order: 5/3/13, OR 4922, PG 591; 8/2/13, OR 4955, PG 334; 11/15/13, OR 4990, PG 3004 Fine Amount: $100.00/day Duration: 7/4/13 —2/7/14 (219 days) Total Fine Amount: $21,900.00 23 February 7, 2014 Unpaid Operational Costs: $115.18 Total to Date: $22,015.18 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $22,015.18. Said amount to become a lien on the property with fines continuing to accrue. 8. 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 Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting : 1/22/14 The Respondents were not present. Supervisor Snow reported the violation has been abated and the Operational Costs paid. He recommended the fines be waived. The Special Magistrate DENIED the County's Motion for the Imposition of Fines. 9. 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 Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Personal Service: 1/17/14 The Respondents were not present. Supervisor Perez reported the violation has been abated and the Operational Costs paid. She recommended the fines be waived. The Special Magistrate DENIED the County's Motion for the Imposition of Fines. 10. CASE NO: CEPM20120017905 OWNER: ANDREW ANDERSON AND KAREN ANDERSON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-236.A SINGLE FAMILY HOME WITH SEVERE FIRE DAMAGE WHICH HAS BEEN DECLARED A DANGEROUS BUILDING. FOLIO NO: 54523006362 VIOLATION ADDRESS: 8502 LAUREL LAKES COVE,NAPLES Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting : 1/21/14 The Respondents were not present. 24 February 7, 2014 Supervisor Mucha reported the violation has been abated and the Operational Costs paid. He recommended the fines be waived. The Special Magistrate DENIED the County's Motion for the Imposition of Fines. 12. CASE NO: CEPM20120001264 OWNER: ISRAEL DOMINGO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (11),(12)(d),(12)(b),(12)(i),(12)(p), AND(19). STRUCTURE IN A VERY POOR STATE OF REPAIR WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS. STRUCTURE IS BEING USED AS A DRUG AND PROSTITUTION HOUSE. FOLIO NO: 00082963903 VIOLATION ADDRESS:3036 IMMOKALEE DRIVE, IMMOKALEE Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondents were not present. Supervisor Perez reported the violation has been abated and the Operational Costs paid. She recommended the fines be waived. The Special Magistrate DENIED the County's Motion for the Imposition of Fines. 13. CASE NO: CELU20130006249 OWNER: RANDOLPH CODNER AND VAN B.RHONE OFFICER: INVESTIGATOR RALPH BOSA 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: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondents were not present. Supervisor Bosa presented the case noting the violation has not been abated. Fine Amount: $100/day Duration: 119 days Total Fine Amount: $11,900.00 Unpaid Operational Costs: $227.18 Total to Date: $12,127.18 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$12,127.18. Said amount to become a lien on the property with fines continuing to accrue. 14. CASE NO: CEPM20130008260 OWNER: CHARLES H. FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS 25 February 7, 2014 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND THE 2010 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17. UNMAINTAINED POOL AND NO POOL BARRIER. FOLIO NO: 37641240001 VIOLATION ADDRESS:2860 8TH STREET NW,NAPLES Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondent was not present. Supervisor Bosa presented the case noting the violation has been partially abated. Fine Amount: Part B: $250.00/day Part D: $250.00/day Duration: Part B: 94 days; Part D: 147 days Total Fine Amount: Part B: $23,500.00; Part D: $36,750.00 Unpaid Operational Costs: $227.78 Total to Date: $60,477.78 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$60,477.78. Said amount to become a lien on the property with fines continuing to accrue. 16. CASE NO: CENA20130011451 OWNER: JEFFREY M. STONE AND MARDI S.MOORMAN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT,ARTICLE VI WEEDS,LITTER,AND EXOTICS, SECTION 54- 181. LARGE AMOUNT OF LITTER IN THE REAR OF THE PROPERTY. FOLIO NO: 38168960009 VIOLATION ADDRESS: 5741 PAINTED LEAF LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 77 days Total Fine Amount: $7,700.00 Unpaid Operational Costs: $227.09 Total to Date: $7,927.09 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $7,927.09. Said amount to become a lien on the property with fines continuing to accrue. 17. CASE NO: CEV20130011482 OWNER: JEFFREY M.STONE AND MARDI S.MOORMAN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130, ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLES ON PROPERTY. FOLIO NO: 38168960009 26 February 7, 2014 VIOLATION ADDRESS: 5741 PAINTED LEAF LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondents were not present. Supervisor Mucha reported the violation has been abated however Operational Costs in the amount of$227.09 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 $227.09. Said amount to become a lien on the property. 18. CASE NO: CESD20130004682 OWNER: EBED GUADARRAMA AND IRMA GUADARRAMA OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E)(I).THREE STRUCTURES ERECTED ON THE PROPERTY WITHOUT REQUIRED BUILDING PERMITS. FOLIO NO: 40630600005 VIOLATION ADDRESS: 831 EVERGLADES BLVD N,NAPLES Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/27/14 The Respondents were not present. Supervisor Bosa presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 54 days Total Fine Amount: $13,500.00 Unpaid Operational Costs: $227.18 Total to Date: $13,727.18 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$13,727.18. Said amount to become a lien on the property with fines continuing to accrue. 19. 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: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/27/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has been partially abated by the County. 27 February 7, 2014 Fine Amount: Part B: $250.00/day; Part D: $250.00/day Duration: Part B: 34 days; Part D: 119 days Total Fine Amount: Part B: $8,500.00; Part D: $29,750.00 Unpaid Abatement Costs: $1,483.71 Unpaid Operational Costs: $227.26 Total to Date: $39,960.97 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$39,960.97. Said amount to become a lien on the property. 21. 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 Date of Hearing Notice by Certified Mail: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/21/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has been abated by the County. Fine Amount: $500.00 Penalty Fine Amount: $100.00/day Duration: 19 days Total Fine Amount: $1,900.00 Unpaid Abatement Costs: $30.00 Unpaid Operational Costs: $227.51 Total to Date: $2,657.51 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$2,657.51. Said amount to become a lien on the property. 22. CASE NO: CEPM20130010878 OWNER: ANDREW D.CLARKE AND SANDRA ANN JONES OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,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: 1/24/14 Date of Hearing Notice Property/Courthouse Posting: 1/23/14 The Respondents were not present. Supervisor Bosa presented the case noting the violation has been abated by the County Fine Amount: $250.00/day 28 February 7, 2014 Duration: 41 days Total Fine Amount: $10,250.00 Unpaid Abatement Costs: $1,606.82 Unpaid Operational Costs: $227.24 Total to Date: $12,084.06 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$12,084.06. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None 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: March 7, 2014, 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 2:50 P.M. COLLIER COUNTY SPECIAL MAGISTRATE H ARING A 'Ilia'AIL deNA enda Garretson"ecial Magistrate The Minutes were approved by the Special Magistrate on 7 ( 3014 as presented , or as amended 29