CESM Minutes 08/01/2014 Code
Enforcement
Special Magistrate
Minutes
August 1 , 2014
August 1, 2014
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRAT :i I [E 0 L I d
SEP 9 20;4
Naples, Florida, August 1, 2014
By i
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
Teresa Tooley, Code Enforcement Administrative Secretary
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: August 1,2014 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
H. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—July 18,2014
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: S0148266-CEEX20140012191
OWNER: THOMAS K.RICHARDS
OFFICER: DEPUTY W.R.LANG
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: PUBLIX,5991 PINE RIDGE ROAD,NAPLES
2. CASE NO: 50135601-CEEX20140011204
OWNER: AARON RAISTRICK AND CINDY RAISTRICK
OFFICER: CORPORAL T.GALLO
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66(1)(H)
FIRE LANE
VIOLATION
ADDRESS: LOWE'S, 12730 TAMIAMI TRAIL E,NAPLES
3. CASE NO: S0176699-CEEX20140012278
OWNER: HERTZ VEHICLES
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: DANFORD STREET,NAPLES
4. CASE NO: S0179666-CEEX20140012911
OWNER: NANCY REYELT
OFFICER: DEPUTY KENNETH ROBINS
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,PARKED ON STRIPED ACCESS
VIOLATION
ADDRESS: 9114 STRADA PL,NAPLES
5. CASE NO: PR052727-CEEX20140012030
OWNER: JAMES BRIGGS
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT,PERMIT EXPIRED
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS,NAPLES
6. CASE NO: PR052678-CEEX20140011982
OWNER: PAUL JACOBS
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY RECEIPT WITH PROPER DATE
VIOLATION
ADDRESS: MARCO SOUTH ACCESS,MARCO ISLAND
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7. CASE NO: DAS15856-CEEX20140011371
OWNER: KAYE STITES AND MARK STITES
OFFICER: S. WALKER
VIOLATIONS: CODE OF LAW&ORD.,SEC 14-34(1)(B).
RUNNING AT LARGE.
VIOLATION
ADDRESS: HURRICANE HARBOR LANE,NAPLES
8. CASE NO: DAS15857-CEEX20140011376
OWNER: KAYE STITES AND MARK STITES
OFFICER: S. WALKER
VIOLATIONS: CODE OF LAW&ORD.,SEC 14-34(1)(E).
DAMAGE TO PROPERTY.
VIOLATION
ADDRESS: HURRICANE HARBOR LANE,NAPLES
9. CASE NO: CENA20140006393
OWNER: FLORIDA GEORGIA GROVE LLP
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS EXCEEDING 18 INCHES ON IMPROVED PROPERTY WITH
UNOCCUPIED STRUCTURES AND PROPERTY PARTIALLY SECURED WITH A CHAIN
LINK FENCE.
FOLIO NO: 26085200003
VIOLATION
ADDRESS: 318 MAMIE STREET,CHOKOLOSKEE
10. CASE NO: CEV20140008261
OWNER: PASQUALE BARLETTA AND JEAN M.MONDELLO
OFFICER: INVESTIGATOR MICHAEL CLARK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A). MOBILE HOME NOT STORED IN THE REAR YARD OR IN A
COMPLETELY ENCLOSED BUILDING.
FOLIO NO: 52342080008
VIOLATION
ADDRESS: 1 HAWK STREET,NAPLES
11. CASE NO: CEROW20140008649
OWNER: STEPHANIE BEULIKE CHRISTIAN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II,CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY
110-31(A). DRIVEWAY AND CULVERT INSTALLED WITHOUT OBTAINING A
COLLIER COUNTY RIGHT OF WAY PERMIT.
FOLIO NO: 40684280002
VIOLATION
ADDRESS: 3516 6TH AVENUE NE,NAPLES
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12. CASE NO: CEV20140008897
OWNER: DEIVIS GUERRA HERNANDEZ
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
4.05.03(A). VEHICLE PARKED ON GRASS.
FOLIO NO: 36377240004
VIOLATION
ADDRESS: 5291 23RD PL SW,NAPLES
13. CASE NO: CESD20140010325
OWNER: DAVID G.GRAY
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
10.02.06(B)(1)(A).UNPERMITTED WATER TOWER AND SEVERAL UNPERMITTED
SHEDS.
FOLIO NO: 62713200009
VIOLATION
ADDRESS: 818 93RD AVENUE N,NAPLES
14. CASE NO: CEPM20140013247
OWNER: DAVID A.VERTIN AND CHRISTINE C.VERTIN
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).REPEAT VIOLATION OF A POOL COVERING IN A STATE OF
DISREPAIR.
FOLIO NO: 55002240004
VIOLATION
ADDRESS: 271 BAY MEADOWS DRIVE,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20130017458
OWNER: AN TRINH AND MARIA NGUYEN
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181.LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY.
FOLIO NO: 35748080001
VIOLATION
ADDRESS: 4613 20TH AVENUE SW,NAPLES
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2. 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
3. CASE NO: CEOCC20130019108
OWNER: MGB HOLDINGS LLC
OFFICER: INVESTIGATOR DEE PULSE
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
4. CASE NO: CESD20130019319
OWNER: 925 CYPRESS LLC
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A).WOOD PILINGS BUILT WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 48170680008
VIOLATION
ADDRESS: 2829 SHOREVIEW DRIVE,NAPLES
5. 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
6. CASE NO: CEPM20130014998
OWNER: H.BARBARA FURTER TR,ALFRED FURTER LIVING TRUST
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: 29780400008
VIOLATION
ADDRESS: 1081 HIGHLANDS DRIVE,NAPLES
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7. CASE NO: CEPM20130009836
OWNER: BANK OF AMERICA
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 80671120009
VIOLATION
ADDRESS: 204 SILVERADO DRIVE,NAPLES
8. 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
9. 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
B. Rules and Regulations Review
VII. OLD BUSINESS
A.Re-Hearing
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(1)(a),AND 22-240(1)(b).A
NONRESIDENTIAL STRUCTURE 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
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B.Motion to Amend Previously Issued Order:
C.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: September 5,2014,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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August 1, 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 proceedings did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing,Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:15 a.m.
Reconvened: 9:35 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Administrative Secretary,noted the following changes
(listed below as Agenda item numbers):
Under item VI.A Imposition of Fines,the following case was moved to V.0—Motion for Continuance:
• #4-CASE NO: CESD20130019319- 925 CYPRESS LLC
Under V.B —Hearings, the following case was moved to IV.0 —Motion for Continuance
• #10 -CASE NO:CEV20140008261 - PASQUALE BARLETTA AND JEAN M.MONDELLO
Under VII.A —Rehearing -the following case was moved to IV.B —Motion for Extension of Time
• #1 - CASE NO: CEPM20110012361-MR.99 CENTS INC.
Under item V.B—Hearings,the following case was moved to V.A—Stipulations:
• #13 - CASE NO: CESD20140010325-DAVID G.GRAY
Under item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: SO148266-CEEX20140012191 -THOMAS K. RICHARDS
• #2-CASE NO: 50135601-CEEX20140011204-AARON RAISTRICK AND CINDY RAISTRICK
• #4-CASE NO: S0179666-CEEX20140012911 -NANCY REYELT
• #6-CASE NO: PR052678-CEEX20140011982-PAUL JACOBS
• #11 -CASE NO: CEROW20140008649- STEPHANIE BEULIKE CHRISTIAN
• #12-CASE NO: CEV20140008897-DEIVIS GUERRA HERNANDEZ
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #6-CASE NO: CEPM20130014998-H.BARBARA FURTER TR,ALFRED FURTER LIVING TRUST
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—July 18,2014
The minutes of the July 18, 2014 Special Magistrate Hearing were reviewed by the Special Magistrate
and approved as submitted.
IV. MOTIONS
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August 1, 2014
A. Motion for Continuance
1. CASE NO: CESD20130019319
OWNER: 925 CYPRESS LLC
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). WOOD PILINGS BUILT WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 48170680008
VIOLATION ADDRESS:2829 SHOREVIEW DRIVE,NAPLES
The Respondent was not present but submitted a request for a Continuance in writing.
Supervisor Letourneau represented the County and had no objection to the request as the
Respondent has applied for permits to abate the violation and paid the Operational Costs.
The Special Magistrate GRANTED the Respondents Motion for a Continuance.
2. CASE NO: CEV20140008261
OWNER: PASQUALE BARLETTA AND JEAN M.MONDELLO
OFFICER: INVESTIGATOR MICHAEL CLARK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A). MOBILE HOME NOT STORED IN THE REAR YARD OR IN A
COMPLETELY ENCLOSED BUILDING.
FOLIO NO: 52342080008
VIOLATION ADDRESS: 1 HAWK STREET,NAPLES
The Respondent was not present but submitted a request for a Continuance in writing through a
representative.
Investigator Clark represented the County and had no objection to the request.
The Special Magistrate GRANTED the Respondents Motion for a Continuance until the
October meeting.
B. Motion for Extension of Time
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(1)(a),AND 22-240(1)(b).A
NONRESIDENTIAL STRUCTURE 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
Supervisor Perez represented the County.
Christopher Mast,Attorney,representing the Respondent testified boarding-up of the structure
was complete, as required in the original order. There was some confusion by the Respondent on
final means required to abate the violation. The Respondent has applied for a demolition permit
to abate the violation if necessary. He requested an extension of time to abate the violation and
given the circumstances, requested fines not to be attributed to the violation.
The Special Magistrate GRANTED the Respondent's request for an Extension of Time and
stated a revised order will be issued to the Respondent. Fines will not accrue for the original
violation.
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August 1, 2014
V. PUBLIC HEARINGS
B. Hearings
7. CASE NO: DAS15856-CEEX20140011371
OWNER: KAYE STITES AND MARK STITES
OFFICER: S. WALKER
VIOLATIONS: CODE OF LAW&ORD., SEC 14-34(1)(B).
RUNNING AT LARGE.
VIOLATION ADDRESS:HURRICANE HARBOR LANE,NAPLES
Cases 7 and 8 were combined.
8. CASE NO: DAS15857-CEEX20140011376
OWNER: KAYE STITES AND MARK STITES
OFFICER: S. WALKER
VIOLATIONS: CODE OF LAW&ORD.,SEC 14-34(1)(E).
DAMAGE TO PROPERTY.
VIOLATION ADDRESS:HURRICANE HARBOR LANE,NAPLES
Kevin Noell,Assistant County Attorney represented the County.
Officer Walker was present.
Mr. Stites testified, until recently he was unaware an attorney would be representing the County.
Additionally, an attorney was present to represent victims in the case. He attempted to contact
his attorney to be present but he is out of town. He requested a Continuance in the case so he
could have an attorney present to represent him.
Mr. Noell objected to the request as the "victims"had cancelled vacation plans in order to be
present today.
Douglas Rankin,Attorney for the victims confirmed vacation plans had been cancelled in order
to accommodate the hearing schedule. He had no objection to continuing the case until October
2014.
The Special Magistrate CONTINUED the case until it can be scheduled for an October, 2014
hearing date.
A. Stipulations
1. CASE NO: CESD20140010325
OWNER: DAVID G.GRAY
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
10.02.06(B)(1)(A). UNPERMITTED WATER TOWER AND SEVERAL UNPERMITTED
SHEDS.
FOLIO NO: 62713200009
VIOLATION ADDRESS: 818 93RD AVENUE N,NAPLES
Investigator Box requested the hearing.
A Stipulation was entered into by Respondent David Gray on July 23, 2014.
The Special Magistrate found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by
September 2, 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
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August 1, 2014
Occupancy/Completion by October 1, 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 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: $115.03
B. Hearings (Continued)
3. CASE NO: S0176699-CEEX20140012278
OWNER: HERTZ VEHICLES
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION ADDRESS:DANFORD STREET,NAPLES
Date of Hearing Notice by Certified Mail: 7/16/14
The Respondent was not present.
Deputy Allen represented the County.
Evidence Entered: Composite Exhibit 1: 12 photos.
Deputy Allen testified on the day of the incident he observed a vehicle parked in an
unauthorized location. 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 fine of$30.00, operational costs of$50.00
and a $5.00 adminstrative fee for a total amount due of$85.00 by September 2, 2014.
Total Amount Due: $85.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20130017458
OWNER: AN TRINH AND MARIA NGUYEN
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181.LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY.
FOLIO NO: 35748080001
VIOLATION
ADDRESS: 4613 20TH AVENUE SW,NAPLES
An Trinh was present.
Supervisor Mucha presented the case noting the violation has been abated.
Abatement Date: 7/2/14
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August 1, 2014
Special Magistrate Order: 4/4/14 -No. 5027 - Page: 2343
Fine Amount: $100.00/day
Duration: 82 days
Total Fine Amount: $8,200.00
Operational Costs (today's hearing) : $114.03
Total to Date: $8,314.03
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
2. 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
Armondo Lambert represented the Respondent and reported Mr. Chavez is out of town.
He reported the violation has been abated but is requesting a 60-day extension to resolve any
other issues.
Supervisor Mucha reported operational costs have not been paid and there is an outstanding lien
on the property from a previous lawn maintenance violation.
The Special Magistrate GRANTED Mr. Lambert's request for an extension of time until the
October meeting.
8. 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
Mr. Mansueto was present.
Investigator Lopez-Silvero presented the case noting the violation has been abated as of
March 17, 2014 however operational costs for a previous hearing in the amount of$113.95 have
not been paid. Operational costs for today's hearing in the amount of$115.25 are due as well.
Mr. Mansueto tesfified the violation was previously abated and he intends to pay the original
operational costs of$113.95 by August 4, 2014.
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines subject to Operational Costs in the amount of
$113.95 being paid by August 11, 2014. If said costs are not paid by that date, additional
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August 1, 2014
Operational Costs for today's hearing shall be imposed as well,for a total amount due of
$229.20. Said amount to become a lien on the property.
Break: 10:27 a.m.
Reconvened: 10:42 a.m.
V. PUBLIC HEARINGS
B. Hearings (Continued)
5. CASE NO: PR052727-CEEX20140012030
OWNER: JAMES BRIGGS
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT,PERMIT EXPIRED
VIOLATION ADDRESS:BAREFOOT BEACH ACCESS,NAPLES
Date of Hearing Notice by Certified Mail: 7/16/14
Ranger Maunz was present.
The Respondent was not present.
Ranger Maunz testified on the day of the incident he observed a vehicle parked without
displaying a proper receipt for parking. Accordingly he issued a citation.
Finding the Notice of Hearing was properly served, the Special Magistrate upheld issuance of
the Citation and ordered the Respondent to pay a fine of$30.00, operational costs of$50.00
and a $5.00 adminstrative fee for a total amount due of$85.00 by September 2, 2014.
Total Amount Due: $85.00
9. CASE NO: CENA20140006393
OWNER: FLORIDA GEORGIA GROVE LLP
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS EXCEEDING 18 INCHES ON IMPROVED PROPERTY WITH
UNOCCUPIED STRUCTURES AND PROPERTY PARTIALLY SECURED WITH A CHAIN
LINK FENCE.
FOLIO NO: 26085200003
VIOLATION ADDRESS:318 MAMIE STREET,CHOKOLOSKEE
Date of Hearing Notice by Certified Mail: 7/16/14
Date of Hearing Notice Property/Courthouse Posting: 7/14/14
Investigator Lopez-Silvero presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit 1: 4 photos dated 7/31/14
The violation remains as of 8/1/14.
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$115.55 incurred in the prosecution of the case by
September 2, 2014.
2. Pay a Civil Penalty of$500.00 by September 2, 2014.
7
August 1, 2014
2. Mow all weeds,grass, or other similar non protected overgrowth in excess of 18 inches to
a height of no more than 6 inches by August 8,2014 or pay a fine of$50.00 per day for
each day the violation remains.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday,Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of the
Order and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $615.55
14. CASE NO: CEPM20140013247
OWNER: DAVID A.VERTIN AND CHRISTINE C.VERTIN
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).REPEAT VIOLATION OF A POOL COVERING IN A STATE OF
DISREPAIR.
FOLIO NO: 55002240004
VIOLATION ADDRESS:271 BAY MEADOWS DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/14
Date of Hearing Notice Property/Courthouse Posting: 7/21/14
Investigator Kincaid presented the case.
The Respondents were not present.
Evidence entered: Exhibit 1: 1 photo dated 6/27/14
Exhibit 2: 1 photo dated 7/31/14
The violation remains as of 8/1/14
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$115.25 incurred in the prosecution of the case on or before
September 2, 2014.
2. Pay a Civil Penalty of$500.00 for a repeat violation by September 2, 2014.
3. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to
maintain clean pool water and a filtration system on or before August 8, 2014 or a fine of
$500.00 per day will be imposed for each day the violation remains thereafter or;
4. Chemically treat the pool water to kill algae growth and cover the pool to prevent a safety
hazard, insect infestations, and the intrusion of rain water on or before August 8, 2014 or
a fine of$500.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
5. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
8
August 1, 2014
6. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of the
Order and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $615.25
B. Emergency Cases:
None
VI. NEW BUSINESS (Continued)
C. Motion for Imposition of Fines:
3. CASE NO: CEOCC20130019108
OWNER: MGB HOLDINGS LLC
OFFICER: INVESTIGATOR DEE PULSE
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
Date of Hearing Notice by Certified Mail: 7/16/14
Date of Hearing Notice Property/Courthouse Posting: 7/15/14
The Respondents were not present.
Supervisor Snow reported the violation has been abated and Operational Costs have been paid.
He recommended the fines be waived.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
5. 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
Date of Hearing Notice by Certified Mail: 7/16/14
Date of Hearing Notice Property/Courthouse Posting: 7/15/14
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated however
Operational Costs in the amount of$229.13 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$229.13. Said amount to
become a lien on the property.
7. CASE NO: CEPM20130009836
OWNER: BANK OF AMERICA
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 80671120009
VIOLATION ADDRESS:204 SILVERADO DRIVE,NAPLES
9
August 1, 2014
Date of Hearing Notice by Certified Mail: 7/16/14
Date of Hearing Notice Property/Courthouse Posting: 7/15/14
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated however
Operational Costs in the amount of$229.06 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$229.06. Said amount to
become a lien on the property
9. 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: 7/16/14
Date of Hearing Notice Property/Courthouse Posting: 7/15/14
The Respondent was not present.
Supervisor Mucha presented the case noting the violation has been abated by the County.
Special Magistrate Order: 4/4/14
Fine Amount: $250.00/day
Duration: 54 days
Total Fine Amount: $13,500.00
Unpaid Abatement Costs: $989.60
Unpaid Operational Costs: $229.43
Total to Date: $14,719.03
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$14,719.03. Said amount to
become a lien on the property.
B. Rules and Regulations Review
Continued to the September meeting.
VII. OLD BUSINESS
A. Re-Hearing
None
B. Motion to Amend Previously Issued Order:
None
C. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
10
August 1, 2014
A. Request to Forward Cases to County Attorney's Office as Referenced in the Submitted Executive
Summary.
None
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
the Submitted Executive Summary.
None
IX. REPORTS
None
X. NEXT MEETING DATE: September 5,2014, at 9:00 A.M. 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 11:30 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
e.'
AL.L AL ,
Br i nda Garret ' peci. Magistrate
The Minutes were appr ed by the Special Magistrate on Se.p�� `"[ 1t14
as presented V , or as amended .
11