CESM Minutes 06/06/2014 Code
Enforcement
Special Magistrate
Minutes
June 6 , 2014
June 6, 2014
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 6, 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: Jeff Wright, Director, Code Enforcement
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: June 6,2014 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—May 2,2014
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
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B. Hearings
1. CASE NO: PR052252-CEEX20140007791
OWNER: PV HOLDING CORP
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: CONNER PARK,NAPLES
2. CASE NO: PR052159-CEEX20140008199
OWNER: MARY LEWITSKY
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: TIGERTAIL BEACH,MARCO ISLAND
3. 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. CASE NO: CENA20140007077
OWNER: SAINT LOUIS MOISE
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). GRASS/WEEDS OVER 18 INCHES IN THE REAR OF THE
RESIDENTIAL PROPERTY.
FOLIO NO: 67491080009
VIOLATION
ADDRESS: 4415 THOMASSON LANE,NAPLES
5. CASE NO: CEPM20140004286
OWNER: ELIDO MARTINEZ CHAVEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(i). BROKEN WINDOW ON VACANT MOBILE HOME.
FOLIO NO: 52700080006
VIOLATION
ADDRESS: 3208 VAN BUREN AVENUE,NAPLES
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6. CASE NO: CENA20140009060
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
7. CASE NO: CEPM20140003819
OWNER: ROBERT TARANTOLA AND DONNA TARANTOLA
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING PROPERLY
MAINTAINED.
FOLIO NO: 22455700687
VIOLATION
ADDRESS: 7804 VALENCIA CT,NAPLES
8. CASE NO: CEV20140003684
OWNER: BEAUMANOIR DESROSIERS AND EDDYGE CHARLES
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,
ARTICLE III, SECTION 130-95. TWO VEHICLES PARKED ON THE GRASS AND ONE
UNLICENSED AND INOPERABLE VEHICLE.
FOLIO NO: 36314000003
VIOLATION
ADDRESS: 2312 51ST STREET SW,NAPLES
9. CASE NO: CENA20140003687
OWNER: BEAUMANOIR DESROSIERS AND EDDYGE CHARLES
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-179 THROUGH 54-184. LITTER CONSISTING OF BUT NOT LIMITED TO:
TIRES,CAR PARTS, PLASTICS, BUCKETS, WOOD, ETC.
FOLIO NO: 36314000003
VIOLATION
ADDRESS: 2312 51ST STREET SW,NAPLES
10. CASE NO: CELU20140005781
OWNER: ALEJANDRA LYNCH
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
2.02.03. OUTSIDE STORAGE ON RESIDENTIAL ZONED PROPERTY.
FOLIO NO: 62260040000
VIOLATION
ADDRESS: 5330 BROWARD STREET,NAPLES
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11. CASE NO: CEPM20140005949
OWNER: SAINT JUSTE FLORESTANT
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
PROPERTY MAINTENANCE CODE, SECTION 22-242. UNSECURED VACANT
DWELLING.
FOLIO NO: 26680520007
VIOLATION
ADDRESS: 921 COCONUT CIRCLE EAST,NAPLES
12. CASE NO: CESD20130018430
OWNER: SOUTHWIND VILLAGE MHC LLC
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). SHED ON PROPERTY WITH EXPIRED PERMIT PRBD20130408494
AND NO CERTIFICATE OF COMPLETION.
FOLIO NO: 293400006
VIOLATION
ADDRESS: 48 TRUMAN CIRCLE,NAPLES
13. CASE NO: CEV20140004632
OWNER: ANDRE VANCOL
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. UNLICENSED/INOPERABLE VEHICLES ON RESIDENTIAL ZONED
PROPERTY.
FOLIO NO: 62264240000
VIOLATION
ADDRESS: 5321 TRAMMEL STREET,NAPLES
14. CASE NO: CEV20140003853
OWNER: STEVEN J. PRENTICE II AND TRACEY PRENTICE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,
ARTICLE III, SECTION 130-95. MULTIPLE VEHICLES PARKED ON THE GRASS, ONE
VEHICLE APPEARS TO BE INOPERABLE.
FOLIO NO: 36377840006
VIOLATION
ADDRESS: 2172 52ND LANE SW,NAPLES
15. CASE NO: CEPM20140007863
OWNER: GEORGE I. WILLIAMS EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(11). OCCUPIED DWELLING WITH NO ELECTRICITY.
FOLIO NO: 39206600000
VIOLATION
ADDRESS: 171 14TH STREET SE,NAPLES
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16. CASE NO: CELU20140006856
OWNER: NORMAN BELL AND LORETTA BELL
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
1.04.01(A)AND 2.02.03 AND COLLIER COUNTY CODE OF LAWS,ARTICLE III,
SECTION 130-97(3). A COMMERCIAL VEHICLE AND UNAUTHORIZED STORAGE OF
LITTER AND MISCELLANEOUS MATERIALS ON THE RESIDENTIAL PROPERTY.
FOLIO NO: 53350040000
VIOLATION
ADDRESS: 2960 LUNAR STREET,NAPLES
17. CASE NO: CENA20140004514
OWNER: SHARONDA L. THOMPSON AND STANLEY A.THOMPSON SR
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTIONS 54-181 AND 54-185(A). WEEDS IN EXCESS OF 18 INCHES AND LITTER AND
DEBRIS THROUGHOUT THE PROPERTY.
FOLIO NO: 35691400000
VIOLATION
ADDRESS: 2490 43RD STREET SW,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20130007030
OWNER: CWALT INC ASSET-BACKED CT
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
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2. 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
3. CASE NO: CEPM20130014959
OWNER: O'RYAN L. ATKINSON
OFFICER: INVESTIGATOR DEE PULSE
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: 29780360009
VIOLATION
ADDRESS: 1069 HIGHLANDS DRIVE,NAPLES
B. Rules and Regulations Review
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: July 18, 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
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June 6, 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: 9:30 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Administrative Secretary,noted the following changes (listed
below as Agenda item numbers):
Under Item V.B —Hearings, the following cases were withdrawn:
• #2-CASE NO: PR052159-CEEX20140008199-MARY LEWITSKY
• #3 -CASE NO: CEV20130019212-JOHN WELCH
• #4-CASE NO: CENA20140007077-SAINT LOUIS MOISE
• #8-CASE NO: CEV20140003684-BEAUMANOIR DESROSIERS AND EDDYGE CHARLES
• #9-CASE NO: CENA20140003687-BEAUMANOIR DESROSIERS AND EDDYGE CHARLES
• #11 -CASE NO: CEPM20140005949- SAINT JUSTE FLORESTANT
• #12-CASE NO: CESD20130018430-SOUTHWIND VILLAGE MHC LLC
• #13 -CASE NO: CEV20140004632-ANDRE VANCOL
• #14-CASE NO: CEV20140003853-STEVEN J.PRENTICE II AND TRACEY PRENTICE
• #15 -CASE NO: CEPM20140007863-GEORGE I.WILLIAMS EST
• #16-CASE NO: CELU20140006856-NORMAN BELL AND LORETTA BELL
• #17-CASE NO: CENA20140004514-SHARONDA L.THOMPSON AND STANLEY A.THOMPSON SR
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—May 2,2014
The minutes of the May 2, 2014 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
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June 6, 2014
V. PUBLIC HEARINGS
A. Stipulations
None
B. Hearings
10. CASE NO: CELU20140005781
OWNER: ALEJANDRA LYNCH
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
2.02.03. OUTSIDE STORAGE ON RESIDENTIAL ZONED PROPERTY.
FOLIO NO: 62260040000
VIOLATION ADDRESS:5330 BROWARD STREET,NAPLES
Alejandra Lynch was present and testified she abated the violation yesterday and requested a
continuance so an inspection could be conducted.
Investigator Kincaid represented the County and reported Ms. Lynch did not bring any
photographs and he had no objection to continuing the case so an inspection could be
conducted.
Special Magistrate Garretson CONTINUED the case until July 18, 2014.
IV. NEW BUSINESS
A. Motion for Imposition of Fines:
2. 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
An Trinh was present.
Investigator Crawley presented the case noting the violation has not been abated.
Special Magistrate Order: 4/4/14 No. 5027 Page: 2343
Fine Amount: $100.00/day
Duration: 4/12/14 - 6/6/14 (56 days)
Total Fine Amount: $5,600.00
Unpaid Operational Costs: $113.95
Total to Date: $5,713.95
Mr. Trinh testified:
• The property in question is a multi-unit residential rental property.
• He and some tenants police the property on a routine basis to dispose of debris.
• The debris is from two sources:
• Disposal of larger ticket items via"drive by"drop-offs by persons who do not
reside on the property.
• Tenants with limited storage space who place articles outside including trash at
periodic times. They do not dispose of the trash immediately if their unit is not in
close proximity to the dumpster.
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June 6, 2014
• In order to combat the issue he and a group of tenants have taken the following
measures:
• Attempting to identify the vehicles involved in any "drive by" drop-offs and
reporting them to the authorities.
• Policing the property on a daily basis to dispose of debris
• Increasing waste management pickups to 15 times per month.
• Filling in the swimming pool and creating an area to be used for storage by the
tenants.
Johnny McCarter, tenant, testified Mr. Trinh's owns a 16 unit complex and his description of
the issue is accurate. He and other tenants police the property and dispose of waste on a
routine basis.
Robert Mansfield, tenant, agreed with Mr. Trinh and Mr. McCarter and added some of the
debris that accumulates is windblown from other properties.
Areleec Vasquez, through her interpreter Hector Jimenez testified she is a tenant and keeps
her unit area as neat as possible.
Hector Jimenez,tenant, agreed with the others testimony.
Colleen Crowley, Investigator and Joe Mucha, Supervisor reported the issue for the County
is not the dumpster area, but debris on the property or items improperly stored by tenants.
County Evidence Entered: Composite Exhibit A: 6 photos depicting the violation.
Mr. Mansfield stated some of the photos depicted household items that tenants use on a daily
basis, bikes, toys, small barbecue grills, etc. and should not be considered violations.
Supervisor Mucha testified Mr. Trinh has been extremely cooperative and taken measures to
maintain the property in an orderly fashion, but some violations remain and the County
addresses them on an ongoing, repeat basis.
Mr. McCarter queried if it would help if adequate measures were taken to store items in areas
not visible from the street. Additionally, an outreach program could be instituted by placing
educational material on tenant's doors.
Supervisor Mucha said this type of storage is feasible for some items and he could work with
the Mr. Trinh and the tenants to address the issues, including the tenant outreach program.
Supervisor Mucha withdrew the case in order to meet with the parties on site.
VI. PUBLIC HEARINGS (Continued)
B. Hearings
CASE NO: PR052252-CEEX20140007791
OWNER: PV HOLDING CORP
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS:CONNER PARK,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Ranger Maunz was present.
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June 6, 2014
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 3 photos dated 4/5/14.
Ranger Araqistain testified on the day of the incident(April 5, 20124), while on routine
patrol, he observed a vehicle parked without displaying a proper receipt for parking at Conner
Park. Accordingly he issued the citation.
Finding the Notice of Hearing was properly served, the Special Magistrate UPHELD
issuance of the citation and ordered the Respondent to pay a $30.00 Fine, Operational Costs
of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$85.00 by July 6, 2014.
Total Amount Due: $85.00
5. CASE NO: CEPM20140004286
OWNER: ELIDO MARTINEZ CHAVEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(i). BROKEN WINDOW ON VACANT MOBILE HOME.
FOLIO NO: 52700080006
VIOLATION ADDRESS:3208 VAN BUREN AVENUE,NAPLES
Date of Hearing Notice by Certified Mail:
Date of Hearing Notice Property/Courthouse Posting:
Investigator Connetta presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 3/3/14
The violation remains as of June 6, 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 July 6, 2014.
2. Abate the violation by replacing the broken window on the mobile home by June 13,
2014 or a fine of$250.00 per day will be imposed for each day the violation remains
thereafter or;
3. Obtain a Collier County Boarding Certificate and board the structure to the required
specifications by June 13, 2014 and obtain all required Collier County
permits/inspections and Certificate of Completion/Occupancy by December 6, 2014 or a
fine of$250.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify 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: $115.40
6. CASE NO: CENA20140009060
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June 6, 2014
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: 5/20/14
Date of Hearing Notice Property/Courthouse Posting: 5/21/14
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 5/21/14
Composite Exhibit B: 2 photos dated 6/5/14
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$115.70 incurred in the prosecution of the case
by July 6, 2014.
2. Pay a Civil Penalty for a repeat offense in the amount of$500.00 by July 6, 2014.
3. Mowing all weeds,grass, or other similar non protected overgrowth to a height of no
more than 6 inches by June 13, 2014 or pay a fine of$100.00 per day for each day the
violation remains.
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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $615.70
7. CASE NO: CEPM20140003819
OWNER: ROBERT TARANTOLA AND DONNA TARANTOLA
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).POOL WATER IS GREEN IN COLOR AND NOT BEING
PROPERLY MAINTAINED.
FOLIO NO: 22455700687
VIOLATION ADDRESS:7804 VALENCIA CT,NAPLES
Date of Hearing Notice by Certified Mail: 5/20/14
Date of Hearing Notice Property/Courthouse Posting: 5/16/14
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 4/11/14
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June 6, 2014
The violation remains as of 6/2/14.
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 in the prosecution of the case on or
before July 6, 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 June 13, 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 June 13,
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 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
C. Emergency Cases:
None
V. NEW BUSINESS
A. Motion for Imposition of Fines: (Continued)
1. CASE NO: CEPM20130007030
OWNER: CWALT INC ASSET-BACKED CT
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
Date of Hearing Notice by Certified Mail: 5/21/14
Date of Hearing Notice Property/Courthouse Posting: 5/20/14
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated and the Operational
and Abatement Costs have been paid.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
3. CASE NO: CEPM20130014959
OWNER: O'RYAN L.ATKINSON
OFFICER: INVESTIGATOR DEE PULSE
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June 6, 2014
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: 29780360009
VIOLATION ADDRESS: 1069 HIGHLANDS DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 5/21/14
Date of Hearing Notice Property/Courthouse Posting: 5/23/14
The Respondents were not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: 2/7/14
Fine Amount: $250.00/day
Duration: 5/8/14—6/6/14 (30 days)
Total Fine Amount: $7,500.00
Unpaid Operational Costs: $229.20
Total to Date: $7,729.20
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$7,729.20. Said amount
to become a lien on the property with fines continuing to accrue.
B. Rules and Regulations Review
Continued
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: July 18,2014, 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 11:21 A.M.
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June 6, 2014
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
( & � EP
Br. Ida Garretsoirpecial Magistrate
The Minutes were approved by the Special Magistrate on J V `S , , as presented
or as amended
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