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CESM Minutes 04/04/2014 Code Enforcement Special Magistrate Minutes April 4 , 2014 April 4, 2014 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 4, 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 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: April 4,2014 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. 1. CALL TO ORDER—Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—March 7,2014 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time 1. CASE NO: CESD20130007839 OWNER: JOANNE CHRISTINE POYER EST AND IRIS M.PAUL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(BX1XA). MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY STRUCTURES ON PROPERTY. FOLIO NO: 63505080009 VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES 2. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE 1 CASE NO: CEPM20110012361 OWNER: MR.99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING REGULATIONS,ARTICLE VI,SECTIONS 22-239,22-240(IXa),AND 22-240(IXb).A NONRESIDENTIAL STUCTURE NOT WATERTIGHT,WEATHER-TIGHT, INSECT PROOF,OR IN GOOD REPAIR.THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER-TIGHT,OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET,IMMOKALEE V. PUBLIC HEARINGS A. Stipulations B. Hearings I. CASE NO: S0153216-CEEX20140004703 OWNER: DONALD JONES AND JOAN F.JONES OFFICER: DEPUTY BRADLEY VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 9118 STRADA PL 2ND FLOOR GARAGE,NAPLES 2. CASE NO: S0179405-CEEX20140004127 OWNER: DEBORAH PREVITE OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS: HOLLYWOOD THEATERS, NAPLES 2 3. CASE NO: S0179376-CEEX20140003266 OWNER: STEVEN D.THOMSON OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS: PUBLIX AT PINE RIDGE AND AIRPORT,NAPLES 4. CASE NO: S0179723-CEEX20140002520 OWNER: GEORGINA MANSFIELD OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 UNLAWFUL AREA,COUNTY RIGHT OF WAY VIOLATION ADDRESS: TURNAROUND AT WHIPPOORWILL,NAPLES 5. CASE NO: S0179728-CEEX20140002590 OWNER: GEORGINA MANSFIELD OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 UNLAWFUL AREA,COUNTY RIGHT OF WAY VIOLATION ADDRESS: TURNAROUND AT WHIPPOORWILL,NAPLES 6. CASE NO: S0179372-CEEX20140003262 OWNER: DAVID DAVIS OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE, PARKED IN ACCESS AREA VIOLATION ADDRESS: LOWE'S,NAPLES BLVD,NAPLES 7. CASE NO: PR051943-CEEX20140005084 OWNER: SHUNTE HARRIS OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 FAILURE TO DISPLAY VALID PAID PARKING RECEIPT VIOLATION ADDRESS: BAREFOOT BEACH ACCESS,NAPLES 8. CASE NO: PR051967-CEEX20140005243 OWNER: AARON VANGELDER OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 UNLAWFUL AREA,NOT A DESIGNATED PARKING SPOT VIOLATION ADDRESS: BAREFOOT BEACH ACCESS,NAPLES 3 9. 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 10. CASE NO: CENA20130017458 OWNER: AN TRINH AND MARIA NGUYEN OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ENVIRONMENT,ARTICLE VI WEEDS,LITTER,AND EXOTICS,SECTION 54-181. LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY. FOLIO NO: 35748080001 VIOLATION ADDRESS: 4613 20TH AVENUE SW,NAPLES I I. CASE NO: CENA20130016917 OWNER: TERESITA PINO OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(B). WEEDS IN EXCESS OF 18 INCHES. FOLIO NO: 36615400001 VIOLATION ADDRESS: 4261 1ST AVENUE SW,NAPLES 12. CASE NO: CENA20130015048 OWNER: ARIEL RIVERO OFFICER: INVESTIGATOR COLLEEN CRAWLEY 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 BACKYARD THAT CONTAINS WASHERS,DRYERS,FRIDGES,AND OTHER MISCELLANEOUS ITEMS. FOLIO NO: 35755960004 VIOLATION ADDRESS: 4300 19TH PLACE SW,NAPLES 13. CASE NO: CEV20130019212 OWNER: JOHN WELCH OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. VEHICLE WITH A FLAT TIRE AND AN EXPIRED LICENSE PLATE. FOLIO NO: 72580120001 VIOLATION ADDRESS: 2724 SANTA BARBARA BLVD,UNIT 3,NAPLES 4 14. CASE NO: CESD20130013268 OWNER: KYLE GREALIS AND CRYSTAL GREALIS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(I)(A). A RESIDENTIAL ABOVE GROUND SWIMMING POOL INSTALLED WITH ELECTRIC, WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 37345880000 VIOLATION ADDRESS: 1060 27TH STREET SW,NAPLES 15. CASE NO: CEV20140005326 OWNER: DUANE D.NUSZ AND DEBORAH A. NUSZ OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.05.03(A). VEHICLE PARKED IN GRASS. FOLIO NO: 36320200004 VIOLATION ADDRESS: 5484 27TH PLACE SW,NAPLES 16. CASE NO: CEPM20140001612 OWNER: HEATHER N.GREEN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI PROPERTY MAINTENANCE CODE,SECTION 22-231(15). POOL WATER IS BLACK IN COLOR AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 49660102642 VIOLATION ADDRESS: 2052 CRESTVIEW WAY,NAPLES 17. CASE NO: CEOCC20130019108 OWNER: MGB HOLDINGS LLC OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV,SECTION 126-11 I(B). BUSINESS BEING OPERATED WITHOUT A COLLIER COUNTY BUSINESS TAX RECEIPT. FOLIO NO: 76720000644 VIOLATION ADDRESS: 3435 ENTERPRISE AVENUE, UNIT 32,NAPLES 18. CASE NO: CEOCC20130018093 OWNER: JAMES S.LINDSAY TR,NAPLES LAND#100 TRUST UTD 4/15/84 OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES TAXATION. LOCAL BUSINESS TAX.CHAPTER 126,ARTICLE IV,SECTION 126-1 11(B)AND SECTION 126-114(C). MULTIPLE BUSINESSES OPERATING/CONDUCTING BUSINESS ON THIS PARCEL WITH NO BUSINESS TAX RECEIPT OBTAINED/DISPLAYED. FOLIO NO: 384080005 VIOLATION ADDRESS: 3810 RADIO ROAD,UNIT B,NAPLES 5 C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20130007839 OWNER: JOANNE CHRISTINE POYER EST AND IRIS M.PAUL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(I)(A). MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY STRUCTURES ON PROPERTY. FOLIO NO: 63505080009 VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES 2. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(I)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE 3. CASE NO: CEPM20110012361 OWNER: MR.99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING REGULATIONS,ARTICLE VI,SECTIONS 22-239,22-240(IXa),AND 22-240(IXb).A NONRESIDENTIAL STUCTURE NOT WATERTIGHT, WEATHER-TIGHT,INSECT PROOF,OR IN GOOD REPAIR.THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER-TIGHT,OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET, IMMOKALEE 4. CASE NO: CESD20130018223 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0,02.06(B)(I)(A). UNPERMITTED STRUCTURE ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET,NAPLES 6 5. 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)(1). WINDOWS NOT MAINTAINED IN GOOD REPAIR. FOLIO NO: 66880040004 VIOLATION ADDRESS: 302 S 6TH STREET, 1MMOKALEE 6. CASE NO: CENA20130012634 OWNER: CHARLES L.HULLS OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS IN EXCESS OF 18 INCHES IN HEIGHT ON MOWABLE LOT. FOLIO NO: 49531720001 VIOLATION ADDRESS: 50 HENDERSON DRIVE,NAPLES 7. CASE NO: CEPM20140000371 OWNER: WALTER DAVID CRAWFORD 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 DWELLING. FOLIO NO: 81626560008 VIOLATION ADDRESS: 270 SUGAR LOAF LANE,NAPLES 8. CASE NO: CEPM20140000106 OWNER: CIRO MARTINEZ OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(11). NO ELECTRICITY TO OCCUPIED DWELLING. FOLIO NO: 46573004209 VIOLATION ADDRESS: 193 SANTA CLARA DRIVE,NAPLES 9. 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)(I)(A). REPLACED EXTERIOR DOOR AND FRAME WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36245440004 VIOLATION ADDRESS: 5071 19TH CT SW,NAPLES 7 10. CASE NO: CEPM20120014225 OWNER: VINCENT RUSSELL OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI, SECTION 22-236, VACANT STRUCTURE WITH FIRE DAMAGE DECLARED TO BE DANGEROUS BY THE COLLIER COUNTY CHIEF BUILDING OFFICIAL. FOLIO NO: 77411840002 VIOLATION ADDRESS: 1258 TRAIL TERRACE DRIVE,NAPLES I I. CASE NO: CEPM20130007030 OWNER: MICHELLE WANDERON OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). POOL THAT IS GREEN,STAGNANT,AND NOT PROPERLY MAINTAINED. FOLIO NO: 38341320000 VIOLATION ADDRESS: 5681 DOGWOOD WAY,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: May 2, 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 8 April 4, 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 9:03 A.M. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:15 a.m. Reconvened: 9:30 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Administrative Secretary,noted the following changes (listed below as Agenda item numbers): Under VI.A —Motion for Imposition of Fines, the following cases were moved to IV.B—Motion for Continuance • #10-CASE NO: CEPM20120014225-VINCENT RUSSELL • #13 -CASE NO: CEV20130019212-JOHN WELCH Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #17-CASE NO: CEOCC20130019108-MGB HOLDINGS LLC • #14-CASE NO: CESD20130013268-KYLE GREALIS AND CRYSTAL GREALIS • #10-CASE NO: CENA20130017458-AN TRINH AND MARIA NGUYEN • #15 -CASE NO: CEV20140005326-DUANE D.NUSZ AND DEBORAH A. NUSZ • #12-CASE NO: CENA20130015048-ARIEL RIVERO Under item V.B —Hearings, the following cases were withdrawn: • #2-CASE NO: 50179405-CEEX20140004127-DEBORAH PREVITE • #7-CASE NO: PR051943-CEEX20140005084-SHUNTE HARRIS • #11 -CASE NO: CENA20130016917- TERESITA PINO • #18-CASE NO: CEOCC20130018093-JAMES S. LINDSAY TR,NAPLES LAND#100 TRUST UTD 4/15/84 Under V.0—Emergency Cases,the following case was added to the Agenda: • #1 CASE NO: CEPM20140003250-OWNER: ELAINE DELORIS CHOICE Under VI.A—Motion for Imposition of Fines, the following case was withdrawn: • #11 -CASE NO: CEPM20130007030-MICHELLE WANDERON 2 April 4, 2014 The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—March 7,2014 The minutes of the March 7, 2014 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. VI. NEW BUSINESS A. Motion for Imposition of Fines: 9. 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 Supervisor Mucha represented the County Barbara Bendrell, Ronald R. Wolfe and Associates represented the Respondent. Ms. Bendrell requested a continuance in the case as permits have been granted and the Respondent is in the process of abating the violation. Supervisor Mucha had no objection to the request. The Special Magistrate GRANTED the Respondents request for a Continuance in the case. IV. MOTIONS B. Motion for Extension of Time 5. 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)(1). WINDOWS NOT MAINTAINED IN GOOD REPAIR. FOLIO NO: 66880040004 VIOLATION ADDRESS:302 S 6TH STREET,IMMOKALEE Investigator Morad represented the County. Aron and Elvira Resa were present. Barbara Bendrell acted as interpreter for the Respondents. Ms. Bendrell reported that although today's hearing was scheduled for a Motion for Imposition of Fines, the Respondent's requested a 30 day extension to abate the violation. Investigator Morad had no objection to the request. The Special Magistrate GRANTED the Respondents request for an Extension of Time for a period of 30 days. V. MOTIONS A. Motion for Continuance 1. CASE NO: CEPM20120014225 3 April 4, 2014 OWNER: VINCENT RUSSELL OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI, SECTION 22-236. VACANT STRUCTURE WITH FIRE-DAMAGE DECLARED DANGEROUS BY THE COLLIER COUNTY CHIEF BUILDING OFFICIAL. FOLIO NO: 77411840002 VIOLATION ADDRESS: 1258 TRAIL TERRACE DRIVE,NAPLES Supervisor Snow represented the County. Jeffery Grant submitted a request for a Continuance in writing on behalf of the Respondent. Supervisor Snow had no objection to the request. The Special Magistrate GRANTED the Respondent's request for a Continuance in the case. 2. CASE NO: CEV20130019212 OWNER: JOHN WELCH OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. VEHICLE WITH A FLAT TIRE AND AN EXPIRED LICENSE PLATE. FOLIO NO: 72580120001 VIOLATION ADDRESS:2724 SANTA BARBARA BLVD,UNIT 3,NAPLES Investigator Giguere represented the County. John Welch submitted the request in writing. Investigator Giguere had no objection to the request. The Special Magistrate GRANTED a Continuance in the case until June 6, 2014. B. Motion for Extension of Time (continued) 1. CASE NO: CESD20130007839 OWNER: JOANNE CHRISTINE POYER EST AND IRIS M.PAUL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY STRUCTURES ON PROPERTY. FOLIO NO: 63505080009 VIOLATION ADDRESS:3612 CROTON ROAD,NAPLES Investigator Pulse represented the County. Charles Reynolds represented Joanne Poyer and requested an Extension of Time as he is in the process of obtaining the demolition permit. Investigator Pulse had no objection to the request. The Special Magistrate GRANTED the request for an Extension of Time until October 4, 2014. 4 April 4, 2014 2. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE Investigator Walker represented the County. Donna Yzaguirre was present and requested a 6 month Extension of Time. Investigator Walker had no objection to the request. The Special Magistrate GRANTED the request for an Extension of Time until October 4, 2014. 3. CASE NO: CEPM20110012361 OWNER: MR.99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING REGULATIONS,ARTICLE VI, SECTIONS 22-239,22-240(1)(a),AND 22- 240(1)(b).A NONRESIDENTIAL STUCTURE NOT WATERTIGHT,WEATHER- TIGHT,INSECT PROOF, OR IN GOOD REPAIR.THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER-TIGHT,OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET, IMMOKALEE Investigator Morad represented the County. The Respondent was not present but requested the Extension of Time in writing. Investigator Morad reported the case initiated in September of 2011 and has not been resolved. Today's hearing was for the Imposition of Fines. The Special Magistrate DENIED the Respondent's request for an Extension of Time. VI.PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEOCC20130019108 OWNER: MGB HOLDINGS LLC OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126- 111(B). BUSINESS BEING OPERATED WITHOUT A COLLIER COUNTY BUSINESS TAX RECEIPT. FOLIO NO: 76720000644 VIOLATION ADDRESS:3435 ENTERPRISE AVENUE,UNIT 32,NAPLES Supervisor Snow requested the hearing. The Stipulation was entered into by the Respondent's representative Matthew Bolen on March 20, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 5 April 4, 2014 1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by May 4, 2014. 2. Abate all violations by applying and obtaining any and all applicable local business tax receipt(s)from the Tax Collector to include, but not limited to a zoning certificate from the Growth Management Division by April 11, 2014 or a fine of$250.00 per day will be imposed for each day the violation remains. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. Total Amount Due: $115.18 2. CASE NO: CESD20130013268 OWNER: KYLE GREALIS AND CRYSTAL GREALIS OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). A RESIDENTIAL ABOVE GROUND SWIMMING POOL INSTALLED WITH ELECTRIC,WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 37345880000 VIOLATION ADDRESS: 1060 27TH STREET SW,NAPLES Investigator Davis requested the hearing. The Stipulation was entered into by the Respondent Kyle Grealis on March 24, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case by May 4, 2014. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Completion/Occupancy by July 5, 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: $115.33 3. CASE NO: CENA20130017458 OWNER: AN TRINH AND MARIA NGUYEN OFFICER: INVESTIGATOR COLLEEN CRAWLEY 6 April 4, 2014 VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ENVIRONMENT,ARTICLE VI WEEDS,LITTER,AND EXOTICS, SECTION 54-181.LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY. FOLIO NO: 35748080001 VIOLATION ADDRESS:4613 20TH AVENUE SW,NAPLES Investigator Crawley requested the Hearing. The Stipulation was entered into by the Respondent An Trinh on April 4, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by May 4, 2014. 2 Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items in a completely enclosed structure by April 11, 2014 or a fine of$100.00 per day fine will be imposed for each day the violation remains. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.03 4. CASE NO: CEV20140005326 OWNER: DUANE D.NUSZ AND DEBORAH A.NUSZ OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.05.03(A). VEHICLE PARKED IN GRASS. FOLIO NO: 36320200004 VIOLATION ADDRESS: 5484 27TH PLACE SW,NAPLES Investigator Giguerre requested the Hearing. The Stipulation was entered into by the Respondent Deborah A. Nusz on April 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 the case by May 4, 2014. 2. Abate all violations by ceasing any and all parking of vehicles on the grass and/or must limit parking to designated areas by April 8, 2014 or a fine of$50.00 a day will be imposed for each day 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. 7 April 4, 2014 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 5. CASE NO: CENA20130015048 OWNER: ARIEL RIVERO OFFICER: INVESTIGATOR COLLEEN CRAWLEY 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 BACKYARD THAT CONTAINS WASHERS, DRYERS,FRIDGES, AND OTHER MISCELLANEOUS ITEMS. FOLIO NO: 35755960004 VIOLATION ADDRESS:4300 19TH PLACE SW,NAPLES Investigator Crawley requested the Hearing. The Stipulation was entered into by the Respondent Ariel Rivero on April 4, 2014. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by May 4, 2014. 2 Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items in a completely enclosed structure by April 8, 2014 or a fine of$50.00 per day fine will be imposed for each day the violation remains. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.03 B. Hearings 1. CASE NO: S0153216-CEEX20140004703 OWNER: DONALD JONES AND JOAN F.JONES OFFICER: DEPUTY BRADLEY VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS:9118 STRADA PL 2ND FLOOR GARAGE,NAPLES Deputy Bradley represented the County. Evidence Entered: Composite Exhibit A: 4 photos dated 2/27/14 Donald and Joan Jones were present. Evidence Entered: Composite Exhibit A: 8 photos Exhibit B: 1 photo 8 April 4, 2014 Mr. Jones testified: • On February 27, 2014 they were at the Mercato and parked adjacent to a space reserved for handicapped patrons. • The location where they parked appeared to be a parking space, even though it was partially marked with horizontal striping indicating a walkway. • The area did not appear to be a crosswalk as demarcation terminated at the end of a concrete wall. • They requested the Citation be dismissed. Deputy Bradley testified: • On February 27, 2014 while on routine patrol she was contacted by Mercato Security who reported a vehicle was parked in an unauthorized location. • When she arrived on scene she observed the vehicle parked in an unauthorized space encroaching on an area reserved for access to a handicap vehicle adjacent to where the Jones's parked. • Accordingly she issued the citation • She requested Fines be modified from $250.00 to $30.00. After hearing the testimony and reviewing the evidence the Special Magistrate UPHELD the issuance of the citation and ordered the Respondent to pay a fine in the amount of $30.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee for a total amount due of$85.00 by May 4, 2014. Total Amount Due: $85.00 3. CASE NO: S0179376-CEEX20140003266 OWNER: STEVEN D.THOMSON OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS:PUBLIX AT PINE RIDGE AND AIRPORT,NAPLES Deputy Hill represented the County. Evidence Entered: Composite Exhibit A: 2 photos depicting the alleged violation. Steven Thompson was present. Evidence Entered: 1 photo depicting the area in question. Mr. Thompson testified: • On February 9, 2014, he entered the parking lot and parked in the area reserved for vehicles adjacent to a parking space reserved for handicapped patrons. • He parked the motorcycle at the front end of the area in order to not infringe on a person's ability to enter and exit the vehicle. • He requested the Citation be dismissed. Deputy Hill testified on the day of the incident he was on routine patrol and observed a motorcycle occupying a restricted area reserved for access to handicap vehicles and issued the Citation. 9 April 4, 2014 After hearing testimony and reviewing the evidence the Special Magistrate UPHELD the issuance of the citation and ordered the Respondent to pay a fine in the amount of $250.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee for a total amount due of$305.00 by June 4, 2014. Total Amount Due: $305.00 4. CASE NO: S0179723-CEEX20140002520 OWNER: GEORGINA MANSFIELD OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA, COUNTY RIGHT OF WAY VIOLATION ADDRESS:TURNAROUND AT WHIPPOORWILL,NAPLES Case No. 4 and 5 were combined. 5. CASE NO: S0179728-CEEX20140002590 OWNER: GEORGINA MANSFIELD OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA, COUNTY RIGHT OF WAY VIOLATION ADDRESS:TURNAROUND AT WHIPPOORWILL,NAPLES Deputy Keller represented the County. Georgina Mansfield was present. Ms. Mansfield testified: • She parked her vehicle for long term purpose in an area adjacent to roadway on grass near the end of Whippoorwill Lane when she left town for approximately 14 days. • She resides in the area and people from a nearby residential complex frequently use the area for overflow parking • There were no signs in the area that notified the public you could not park in that area. • Upon notification she had the vehicle removed from the area. Deputy Keller testified: • On January 25, 2014 and January 29, 2014 a potential parking violation at the scene in question was brought to his attention. • Upon arriving at the scene on both occasions, he witnessed a vehicle parked in an unauthorized area. • County Ordinances prohibit parking on grass in road right of ways. • The area in question is at the end of the street where vehicles, including school buses "turn around." • Accordingly he issued citations on both occasions. After hearing testimony and reviewing the evidence the Special Magistrate UPHELD the issuance of the Citation and ordered the Respondent to pay a Fine in the amount of $30.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee for a total amount due of$85.00 by May 4, 2014. Only one penalty was assessed for both cases. 10 April 4, 2014 Total Amount Due: $85.00 6. CASE NO: S0179372-CEEX20140003262 OWNER: DAVID DAVIS OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,PARKED IN ACCESS AREA VIOLATION ADDRESS: LOWE'S,NAPLES BLVD,NAPLES Deputy Hill represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated February 8, 2014. David Davis was present and testified that on Febuary 8, 2014 he parked his motorcyle in an area on pavement marked with white stripes. He reported the area is not marked for handicap parking space access in accordance with Florida State Statute 553.5041. The area is not adjacent to a handicap space and is at least 3 parkings spaces away from any properly designated handicap parking space. After hearing the testimony and reviewing the evidence, the Special Magistrate TOOK THE CASE UNDER ADVISEMENT for the purposes of conductnig a site visit. 8. CASE NO: PR051967-CEEX20140005243 OWNER: AARON VANGELDER OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA,NOT A DESIGNATED PARKING SPOT VIOLATION ADDRESS:BAREFOOT BEACH ACCESS,NAPLES Ranger Maunz represented the County. Evidence Entered: Composite Exhibit A: 6 photos Aaron Vangelder was present. Evidence Entered: Exhibit A: 1 photo depicting the space in question. Mr. Vangelder testified: • On the day of the incident he entered the parking lot and parked in a space that appeared to be unrestricted for parking. • The area is adjacent to paved parking and is bare dirt, where it was obvious vehicles had repeatedly parked there. • There were no signs prohibiting parking in the space. Ranger Maunz testified: • On the day of the incident he observed Mr. Vangelder's vehicle parked in an unauthorized area. • The space in question is not paved, nor does it have a concrete parking bumper delineating a parking space. • There is a sign to the north of where Mr. Vangelder parked which indicates parking is only permitted in approved areas. • Accordingly, he issued the Citation. 11 April 4, 2014 After hearing testimony and reviewing the evidence the Special Magistrate found the Respondent NOT GUILTY and dismissed the Citation. 9. 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 Officer Zeitler represented the County. Evidence Entered: Composite Exhibit A: 10 photos Evelyn Olmstead was present. Ms. Olmstead testified: • She harbors 2 dogs confined in a 10' x 10' cage at her residence. • She was unaware she is required to clean up feces on a daily basis. Officer Zeitler testified: • On January 22, 2014 he visited the premise and observed at least 50 piles of feces inside the cage that harbors the dogs. • The Respondent was issued a Citation in November, 2013 for a similar offense, at a different location. • At the time of the previous incident, she was notified on the requirements to maintain a minimum standard of environment for the animals. • After investigation, the Citation was issued. After hearing testimony and reviewing the evidence the Special Magistrate UPHELD the issuance of the Citation and ordered the Respondent to pay a fine in the amount of $350.00, Operational Costs in the amount of$50.00 and a $7.00 Administrative Fee for a total amount due of$407.00 by June 4, 2014. Total Amount Due: $407.00 16. CASE NO: CEPM20140001612 OWNER: HEATHER N.GREEN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). POOL WATER IS BLACK IN COLOR AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 49660102642 VIOLATION ADDRESS:2052 CRESTVIEW WAY,NAPLES Date of Hearing Notice by Certified Mail: 3/20/14 Date of Hearing Notice Property/Courthouse Posting: 3/21/14 Investigator Connetta presented the case. The Respondent was not present. 12 April 4, 2014 Evidence entered: Composite Exhibit A: 2 photos Exhibit B: 1 photo The violation remains as of April 4, 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 the Operational Costs of$115.40 incurred in the prosecution of the case on or before May 4, 2014. 2. Chemically treat pool water to kill the algae and provide bi weekly treatments to maintain clean pool water and filtration system on or before April 18, 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 to kill algae growth and cover the pool to prevent safety hazards, insect infestation, and intrusion of rain water on or before April 18, 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: $115.40 Break: 11:30 a.m. Reconvened: 11:43a.m. C. Emergency Cases: 1. ELAINE DELORIS CHOICE-CEPM20140003250 Date of Hearing Notice by Certified Mail: 3/28/14 Date of Hearing Notice Property/Courthouse Posting: 3/28/14 Investigator Connetta requested the hearing. The Respondent was not present. Evidence Entered: Composite A: 1 photo dated 2/1/14 and 1 photo dated 3/25/14 The violation remains as of April 4, 2014. 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$115.18 incurred by Code Enforcement during the prosecution of the case on or before May 4, 2014. 13 April 4, 2014 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy on or before April 11, 2014 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or; 3. Obtain a Collier County Boarding Certificate and board the structure to the required specifications by April 11, 2014 and obtain all required Collier County permits/inspections and Certificate of Completion/Occupancy by October 4, 2014 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.18 VII. NEW BUSINESS—(continued) B. Motion for Imposition of Fines: 1. CASE NO: CESD20130007839 OWNER: JOANNE CHRISTINE POYER EST AND IRIS M.PAUL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY STRUCTURES ON PROPERTY. FOLIO NO: 63505080009 VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES This case was continued,see Item V.B.1 2. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR WELDON WALKER JR VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE, IMMOKALEE This case was continued,see Item V.B.2 3. CASE NO: CEPM20110012361 OWNER: MR.99 CENTS INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDING REGULATIONS,ARTICLE VI, SECTIONS 22-239,22-240(1)(a),AND 22- 240(1)(b).A NONRESIDENTIAL STUCTURE NOT WATERTIGHT,WEATHER- TIGHT,INSECT PROOF,OR IN GOOD REPAIR. THE EXTERIOR WALL IS NOT WATERTIGHT, WEATHER-TIGHT,OR RODENT PROOF. FOLIO NO: 60183440006 VIOLATION ADDRESS: 502 WEST MAIN STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 3/20/14 14 April 4, 2014 Date of Hearing Notice Property/Courthouse Posting: 3/24/14 The Respondents were not present. Supervisor Perez presented the case noting the violation has not been abated. Special Magistrate Order: 9/16/13 Fine Amount: $250.00/day Duration: 29 days Total Fine Amount: $7,250.00 Unpaid Operational Costs: $114.10 Total to Date: $7,364.10 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$7,364.10. Said amount to become a lien on the property with fines continuing to accrue. 4. 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: 3/20/14 Date of Hearing Notice Property/Courthouse Posting: 3/24/14 The Respondents were not present. Investigator Kincaid presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/14 Fine Amount: $100/day Duration: 28 days Total Fine Amount: $2,800.00 Unpaid Operational Costs: $229.28 Total to Date: $3,029.28 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$3,029.28. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CENA20130012634 OWNER: CHARLES L.HULLS OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS IN EXCESS OF 18 INCHES IN HEIGHT ON MOWABLE LOT. FOLIO NO: 49531720001 VIOLATION ADDRESS: 50 HENDERSON DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 3/20/14 Date of Hearing Notice Property/Courthouse Posting: 3/19/14 15 April 4, 2014 The Respondents were not present. Investigator Patterson presented the case noting the violation has been abated however the Operational Costs in the amount of$226.26 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 $226.26. Said amount to become a lien on the property. 7. CASE NO: CEPM20140000371 OWNER: WALTER DAVID CRAWFORD 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 DWELLING. FOLIO NO: 81626560008 VIOLATION ADDRESS:270 SUGAR LOAF LANE,NAPLES Date of Hearing Notice by Certified Mail: 3/21/14 Date of Hearing Notice Property/Courthouse Posting: 3/13/14 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/14 Fine Amount: $500.00/day Duration: 53 days Total Fine Amount: $26,500.00 Unpaid Operational Costs: $229.28 Total to Date: $26,729.28 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$26,729.28. Said amount to become a lien on the property with fines continuing to accrue. 8. CASE NO: CEPM20140000106 OWNER: CIRO MARTINEZ OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(11). NO ELECTRICITY TO OCCUPIED DWELLING. FOLIO NO: 46573004209 VIOLATION ADDRESS: 193 SANTA CLARA DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 3/21/13 Date of Hearing Notice Property/Courthouse Posting: 3/13/14 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/14 Fine Amount: $500.00/day Duration: 53 days Total Fine Amount: $26,500.00 Unpaid Operational Costs: $229.28 16 April 4, 2014 Total to Date: $26,729.28 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$26,729.28. Said amount to become a lien on the property with fines continuing to accrue. 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: May 2,2014, at 9:00 A.M. located at the Collier County Government Center,3299 Tamiami Trail East, Building F,3rd Floor, Naples, Florida ***** There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:01 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING / \I enda Garret •c'al Magistrate 17 April 4, 2014 The Minut7s were approved by the Special Magistrate on t Z PD , as presented �/ , or as amended 18