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CESM Minutes 03/07/2014 Code Enforcement Special Magistrate Minutes March 7 , 2014 March 7, 2014 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, March 7, 2014 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: Kerry Adams, Code Enforcement Administrative Secretary 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: March 7,2014 at 9:00 A.M. LOCATION: Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida 34112 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations H. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—February 7,2014 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1 B. Hearings 1. CASE NO: 50158118-CEEX20140001575 OWNER: LESLIE KRINSKY OFFICER: DEPUTY MIRONOV VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: PUBLIX,RATTLESNAKE HAMMOCK RD,NAPLES 2. CASE NO: S0179237-CEEX20140001342 OWNER: FRANCIS HELBICK OFFICER: DEPUTY LEACH VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED BETWEEN TWO SPACES VIOLATION ADDRESS: HOLLYWOOD 20,NAPLES BLVD,NAPLES 3. CASE NO: S0179238-CEEX20140001524 OWNER: GERALD DEPPE OFFICER: DEPUTY LEACH VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED BETWEEN TWO SPACES VIOLATION ADDRESS: HOLLYWOOD 20,NAPLES BLVD,NAPLES 4. CASE NO: S0179362-CEEX20140002210 OWNER: ANN BARBARA OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS: HOLLYWOOD 20,NAPLES BLVD,NAPLES 5. CASE NO: S0179351-CEEX20140001860 OWNER: SHERI CLARY OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,EXPIRED PLACARD VIOLATION ADDRESS: COSTCO,NAPLES BLVD,NAPLES 6. CASE NO: PRO51192-CEEX20140000612 OWNER: BORIS LOZANO OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA.TRAILER PARKING ONLY. VIOLATION ADDRESS: CAXAMBAS PARK,MARCO ISLAND 2 7. CASE NO: DAS14525-CEEX20140001842 OWNER: EVELYN OLMSTEAD OFFICER: KURT ZEITLER VIOLATIONS: CODE OF LAW&ORD., 14-35, SECTION 1 H FAILURE TO REMOVE FECES. VIOLATION ADDRESS: 5084 28TH PL SW,NAPLES 8. CASE NO: C010805-CEVFH20140000598 OWNER: LUIS ARTEAGA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(A)AND 142-33(C) OPERATED A MOTOR VEHICLE FOR HIRE WITHIN COLLIER COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS: 776 6TH STREET SE,NAPLES 9. CASE NO: CEV20130009211 OWNER: WAYNE MANSUETO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(a)AND SECTION 130-95. ON IMPROVED VILLAGE RESIDENTIAL PROPERTY A MOTOR HOME IN THE SIDE YARD IS HOOKED UP TO THE SEWER LINE. THE MOTOR HOME HAD AN ELECTRIC CORD RUNNING FROM IT TO A POWER SOURCE. THE MOTOR HOME HAD AN EXPIRED LEE COUNTY LICENSE PLATE (120PCM,EXP. 12/12). IN THE REAR OF THE PROPERTY WAS A TRAVEL TRAILER, APPROXIMATELY 10 X 30 FEET WITH NO CURRENT VALID LICENSE PLATE,ALSO HOOKED UP TO THE SEWER LINE AND AN ELECTRICAL CORD RUNNING FROM THE TRAVEL TRAILER TO AN ELECTRICAL PANEL BOX.BOTH THE MOTOR HOME AND TRAVEL TRAILER WERE BEING USED FOR LIVING, SLEEPING,AND HOUSEKEEPING PURPOSES. FOLIO NO: 01134803101 VIOLATION ADDRESS: 217 SWAIN STREET, COPELAND 10. CASE NO: CELU20130011397 OWNER: MARTIN KUPICK AND ESTHER PEREZ CRUZ OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A)AND 2.02.03,AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III, SECTION 130-95. UNAUTHORIZED/PROHIBITED STORAGE OF SEMI TRUCKS AND TRAILERS ON THE PROPERTY THAT ARE INOPERABLE AND HAVE NO CURRENT LICENSE TAGS AFFIXED. FOLIO NO: 37448880004 VIOLATION ADDRESS: 941 16TH STREET NE,NAPLES 3 11. CASE NO: CEPM20130011657 OWNER: HECTOR OROSO AND JACQUI HAMILTON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C). ROOF DAMAGE TO VACANT FORECLOSED HOME. FOLIO NO: 36004280007 VIOLATION ADDRESS: 3043 44TH STREET SW,NAPLES 12. CASE NO: CESD20130008844 OWNER: DANIEL RILEY OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED IRRIGATION SYSTEM AT THIS LOCATION. FOLIO NO: 61945480009 VIOLATION ADDRESS: 1375 SPERLING LANE,NAPLES 13. CASE NO: CEPM20130018044 OWNER: ELSA M. FLORES AND CARLOS FLORES OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. FOLIO NO: 35994680006 VIOLATION ADDRESS: 4650 25TH CT SW,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 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 18TH STREET,IMMOKALEE 4 2. CASE NO: CEPM20120008938 OWNER: MBLS VENTURES LLC OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20)AND ARTICLE VI CHAPTER 22, SECTION 22-242. UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS, INTERIOR WALLS,ROOF, CEILINGS,WINDOWS, DOORS,AND OTHER AREAS THROUGHOUT STRUCTURE. FOLIO NO: 45967680007 VIOLATION ADDRESS: 1810 19TH STREET SW,NAPLES 3. 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(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 4. 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 5. CASE NO: CEPM20130001358 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2004-58, SECTION 12. STRUCTURE IN DANGEROUS CONDITION. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE 6. CASE NO: CEAU20130001915 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3).A DILAPIDATED WOODEN FENCE WITH MISSING SECTIONS. FOLIO NO: 131400003 VIOLATION ADDRESS: 207 N 15TH STREET, IMMOKALEE 5 7. CASE NO: CESD20130006042 OWNER: MARTHA GUERRERO OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).ALTERATIONS TO STRUCTURE WITHOUT APPLICABLE COLLIER COUNTY PERMITS. FOLIO NO: 62257960009 VIOLATION ADDRESS: 5238 TEXAS AVENUE,NAPLES 8. CASE NO: CENA20130013748 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, 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 9. 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 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. IX. REPORTS X. NEXT MEETING DATE: April 4, 2014, at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida XI. ADJOURN 6 March 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: 9:12 a.m. Reconvened: 9:20 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 case was moved to Item V.0 —Motion for Continuance: • #5 -CASE NO: S0179351-CEEX20140001860-SHERI CLARY Under Item VI.A—Motion for Imposition of Fines, the following case was moved to Item IV.0— Motion for Extension of Time • #1 - CASE NO: CESD20120001702-MARTIN BUENROSTRO Under Item V.B —Hearings, the following cases were moved to Item V.A—Stipulations: • #1 -CASE NO: CELU20130011397-MARTIN KUPICK AND ESTHER PEREZ CRUZ Under Item V.B—Hearings, the following cases were withdrawn: • #1 -CASE NO: S0158118-CEEX20140001575-LESLIE KRINSKY • #2-CASE NO: S0179237-CEEX20140001342-FRANCIS HELBICK • #3 -CASE NO: S0179238-CEEX20140001524-GERALD DEPPE • #6-CASE NO: PR051192-CEEX20140000612-BORIS LOZANO • #7-CASE NO: DAS14525-CEEX20140001842-EVELYN OLMSTEAD • #11 -CASE NO: CEPM20130011657-HECTOR OROSO AND JACQUI HAMILTON • #12-CASE NO: CESD20130008844-DANIEL RILEY The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—February 7, 2014 The minutes of the February 7, 2014 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Continuance 1. CASE NO: S0179351-CEEX20140001860 OWNER: SHERI CLARY OFFICER: DEPUTY HILL 2 March 7, 2014 VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,EXPIRED PLACARD VIOLATION ADDRESS:COSTCO,NAPLES BLVD,NAPLES The Respondent submitted the request for a continuance in writing. Deputy Hill represented the County and did not object to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance in the case. B. 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 18TH STREET,IMMOKALEE The Respondent was not present. Investigator Rodriguez represented the County and reported the Respondent has submitted the permit application; however discussions are ongoing to determine the impact fees to be charged. The fees are currently estimated at $2,000.00. The case is not a"health, safety and welfare issue. The Special Magistrate GRANTED the Respondents Motion for an Extension of Time until June 7, 2014. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CELU20130011397 OWNER: MARTIN KUPICK AND ESTHER PEREZ CRUZ OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A)AND 2.02.03,AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III,SECTION 130-95. UNAUTHORIZED/PROHIBITED STORAGE OF SEMI TRUCKS AND TRAILERS ON THE PROPERTY THAT ARE INOPERABLE AND HAVE NO CURRENT LICENSE TAGS AFFIXED. FOLIO NO: 37448880004 VIOLATION ADDRESS:941 16TH STREET NE,NAPLES Investigator Ambach represented the County. The Stipulation was entered into by the Respondent Martin Kupick on March 7, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.55 incurred in the prosecution of the case by April 7, 2014. 2. 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, and/or repair the defects so each vehicle is immediately operable or remove offending vehicles from residentially zoned area by March 28, 2014 or a fine of$50.00 a day will be imposed until the violation is abated. 3 March 7, 2014 3. Cease and decist use of Estates zoned property as storage for semi trucks and trailers not owned by the property owner or resident at this address and remove all vehicles to a place intended for such storage use by March 28, 2014 or a fine of$50.00 will be imposed until the violation is abated. 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 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: $115.55 B. Hearings 4. CASE NO: S0179362-CEEX20140002210 OWNER: ANN BARBARA OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS: HOLLYWOOD 20,NAPLES BLVD,NAPLES Ms. Barbara was present and testified a handicap parking placard was displayed as required. The vehicle adjacent to her space encroached on the "door swing area"of her space. She parked to allow room for the door swing, encroaching on the striped area reserved for her parking space. Deputy Hill represented the County. Evidence Entered: Exhibit A: 2 photos depicting Ms. Barbara's vehicle encroached on the striped area. Deputy Hill testified Florida Statutes prohibit parking in the "striped access" area of a handicapped parking space. Accordingly a citation was issued. After hearing the evidence the Special Magistrate GRANTED the Respondent request for dismissal of the citation. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CEPM20120008938 OWNER: MBLS VENTURES LLC OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20)AND ARTICLE VI CHAPTER 22,SECTION 22-242. UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,INTERIOR WALLS,ROOF,CEILINGS,WINDOWS, DOORS,AND OTHER AREAS THROUGHOUT STRUCTURE. FOLIO NO: 45967680007 VIOLATION ADDRESS: 1810 19TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 4 March 7, 2014 Hector Garcea, the Respondent's representative was present. Supervisor Bosa presented the case noting the violation has not been abated. Special Magistrate Order: OR Book No. 4937 Page: 145 Fine Amount: $200/day Duration: 10/8/13 —3/7/14 (151 days) Total Fine Amount: $30,200.00 Unpaid Operational Costs: $113.80 Total to Date: $30,313.80 Mr. Garcea testified: • The property was purchased as result of a foreclosure proceeding on December 20, 2013 and the buyer was unaware of the violation. • They are reconstructing the dwelling and obtained the permit for demoltion. • Demoltion has been completed and they are awaiting inspection. • They are in the process of obtaining permits for construction and requested a continuance of 5 months to abate the violation. The Special Magistrate CONTINUED the case until September 7, 2014. 8. CASE NO: C010805-CEVFH20140000598 OWNER: LUIS ARTEAGA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(A)AND 142-33(C) OPERATED A MOTOR VEHICLE FOR HIRE WITHIN COLLIER COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS:776 6TH STREET SE,NAPLES The Respondent was not present. Date of Hearing Notice by Certified Mail: 2/19/14 Investigator Short represented the County. Evidence Entered: Exhibit A: Craigslist Ad Composite Exhibit B: 5 photos dated 1/9/14 Investigator Short testified the citation was issued as a result of a"sting" operation whereby the Respondent posted an ad on Craigslist for provision of Vehicle for Hire service in Collier County. He arranged transportation at the Naples Airport and when Mr. Artega arrived he confirmed a fair of$20.00. The vehicle did not have the proper Collier County licensing for provision of Vehicle for Hire services. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a Fine in the amount of $1000.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee by May 7, 2014.. Total Amount Due: $1,055.00 9. CASE NO: CEV20130009211 OWNER: WAYNE MANSUETO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(a)AND SECTION 130-95.ON IMPROVED VILLAGE RESIDENTIAL 5 March 7, 2014 PROPERTY A MOTOR HOME IN THE SIDE YARD IS HOOKED UP TO THE SEWER LINE. THE MOTOR HOME HAD AN ELECTRIC CORD RUNNING FROM IT TO A POWER SOURCE.THE MOTOR HOME HAD AN EXPIRED LEE COUNTY LICENSE PLATE (120PCM,EXP. 12/12). IN THE REAR OF THE PROPERTY WAS A TRAVEL TRAILER, APPROXIMATELY 10 X 30 FEET WITH NO CURRENT VALID LICENSE PLATE,ALSO HOOKED UP TO THE SEWER LINE AND AN ELECTRICAL CORD RUNNING FROM THE TRAVEL TRAILER TO AN ELECTRICAL PANEL BOX.BOTH THE MOTOR HOME AND TRAVEL TRAILER WERE BEING USED FOR LIVING, SLEEPING,AND HOUSEKEEPING PURPOSES. FOLIO NO: 01134803101 VIOLATION ADDRESS:217 SWAIN STREET,COPELAND Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/18/14 Investigator Lopez-Silvero presented the case. Evidence entered: Composite Exhibit A: 2 photos Exhibit B: 1 photo Investigator Lopez reported the vehicles have been properly licensed by the County, however the other violations remain. 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 this case by April 7, 2014. 2. Abate all violations by removing all utility connections to the motor home and cease and desist using the motor home for living, sleeping, and housekeeping purposes by March 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: $115.25 13. CASE NO: CEPM20130018044 OWNER: ELSA M.FLORES AND CARLOS FLORES OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. FOLIO NO: 35994680006 VIOLATION ADDRESS:4650 25TH CT SW,NAPLES Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 Supervisor Mucha presented the case. 6 March 7, 2014 The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/4/13. Exhibit B: 1 photo dated 3/6/14 The violation remains as of 3/7/14. 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 of$115.18 incurred in the prosecution of the case on or before April 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 March 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 killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rain water on or before March 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. Total Amount Due: $115.18 C. Emergency Cases: None VII. NEW BUSINESS (Continued) B. Motion for Imposition of Fines: 3. 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(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: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/18/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has not been abated. Special Magistrate Order: OR Book No. 4994 Page: 2008 Fine Amount: $250.00/day Duration: 12/14/13 —3/7/14 (84 days) 7 March 7, 2014 Total Fine Amount: $21,000.00 Unpaid Operational Costs: $226.09 Total to Date: $21,226.09 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$21,226.09. Said amount to become a lien on the property with fines continuing to accrue. 4. 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: 00422520003 VIOLATION ADDRESS:6090 EVERETT STREET,NAPLES Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 The Respondents were not present. Supervisor Letourneau presented the case noting the violation has not been abated. Fine Amount: Part B: $250.00/day; Part C: $250.00/day Duration: Part B: 1/7/14—3/7/14 (60 days); Part C: 12/14/13 —3/7/14 (84 days) Total Fine Amount: Part B: $15,000.00; Part C: $21,000.00 Unpaid Operational Costs: $226.35 Total to Date: $36,226.35 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$36,226.35. Said amount to become a lien on the property with fines continuing to accrue. 5. CASE NO: CEPM20130001358 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY ORDINANCE 2004-58, SECTION 12. STRUCTURE IN DANGEROUS CONDITION. FOLIO NO: 00131400003 VIOLATION ADDRESS:207 N 15TH STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 The Respondents were not present. Investigator Rodriguez presented the case noting the violation has not been abated. Special Magistrate Order: OR Book No. 4966 Page: 2099 Fine Amount: $250.00/day Duration: 9/17/13 —3/7/14 (172 days) Total Fine Amount: $43,000.00 Unpaid Operational Costs: $226.08 Total to Date: $43,226.08 8 March 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$43,226.08. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CEAU20130001915 OWNER: NLJ REALESTATE HOLDING INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). A DILAPIDATED WOODEN FENCE WITH MISSING SECTIONS. FOLIO NO: 00131400003 VIOLATION ADDRESS:207 N 15TH STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 The Respondents were not present. Investigator Rodriguez presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 10/7/13 —3/7/14 (152 days) Total Fine Amount: $15,200.00 Unpaid Operational Costs: $225.92 Total to Date: $15,425.92 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$15,425.92. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CESD20130006042 OWNER: MARTHA GUERRERO OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). ALTERATIONS TO STRUCTURE WITHOUT APPLICABLE COLLIER COUNTY PERMITS. FOLIO NO: 62257960009 VIOLATION ADDRESS: 5238 TEXAS AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/18/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has not been abated. Fine Amount: $200.00/day Duration: 31 days Total Fine Amount: $6,200.00 Unpaid Operational Costs: $226.18 Total to Date: $6,426.18 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$6,426.18. Said amount to become a lien on the property with fines continuing to accrue. 8. CASE NO: CENA20130013748 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ERIC SHORT 9 March 7, 2014 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,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: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/19/14 The Respondents were not present. Supervisor Letourneau presented the case noting the violation has been abated by the County. Abatement Date: 1/14/14 Special Magistrate Order: OR Book No. 4994 Page: 1998 Fine Amount: $100/day Duration: 12/14/13 — 1/14/14 (32 days) Total Fine Amount: $3,200.00 Unpaid Abatement Costs: $710.00 Unpaid Operational Costs: $226.17 Total to Date: $4,136.17 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$4,136.17. Said amount to become a lien on the property. 9. 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: 2/19/14 Date of Hearing Notice Property/Courthouse Posting: 2/18/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has been abated by the County. Abatement Date: 1/21/14 Special Magistrate Order: OR Book No. 4994 Page: 1996 Fine Amount: Part B: $50.00/day; Part C: $100.00/day Duration: Part B: 12/14/13 — 1/21/14 (39 days); Part C: 12/14/13 — 1/21/14 (39 days) Total Fine Amount: Part B: $1,950.00; Part C: $3,900.00 Unpaid Abatement Costs: $226.15 Unpaid Operational Costs: $610.00 Total to Date: $6,686.15 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$6,686.15. Said amount to become a lien on the property. 10 March 7, 2014 VI. PUBLIC HEARINGS (continued) B. Hearings 8. CASE NO: C010805-CEVFH20140000598 OWNER: LUIS ARTEAGA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(A)AND 142-33(C) OPERATED A MOTOR VEHICLE FOR HIRE WITHIN COLLIER COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS:776 6TH STREET SE,NAPLES Mr. Arteaga appeared and reqeusted the case was reopened. Mr. Arteaga testified: • He possesses a valid Vehicle for Hire Operators License and operates licensed vehicles for other companies. • He appeared on scene with a vehicle that is not properly licensed the day in question as it was the only vehicle available at the time. • He is in the process of obtaining all necessary licenses for his own business including any vehicles he may utilize. • He requested reconsideration of the Fine previously imposed given the circumstances of the incident. The Special Magistrate ordered Mr.Arteaga to pay a Fine in the amount of$250.00, Operational Costs of$50.00 and an Administrative Fee of$5.00 for a total amount due of $305.00 by June 7, 2014. (This order supercedes the order previously issued on the Agenda item). Total Amount Due: $305.00 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 11 March 7, 2014 X. NEXT MEETING DATE: April 4, 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 10:52 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING #4 �.� 4ank Br• • a Garret o S I •cial Magistrate The Minutes we approved by the Special Magistrate on 1 2.014 , as presented V, or as amended 12