CESM Minutes 10/03/2014 Code
Enforcement
Special Magistrate
Minutes
October 3 , 2014
October 3, 2014
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 3, 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
Teresa Tooley, Code Enforcement Administrative Secretary
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
ACENDA
DATE: October 3,2014 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—September 5,2014
IV. MOTIONS
A. Motion for Continuance
1. 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
2. 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
1
B. Motion for Extension of Time
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)(I)(A).UNPERMITTED WATER TOWER AND SEVERAL UNPERMITTED
SHEDS.
FOLIO NO: 62713200009
VIOLATION
ADDRESS: 818 93RD AVENUE N,NAPLES
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0164010-CEEX20140015867
OWNER: MARIE LOUISE KANACH
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
EXPIRED METER AND EXPIRED PERMIT.
VIOLATION
ADDRESS: VANDERBILT BEACH ROAD,NAPLES
2. CASE NO: S0164014-CEEX20140016061
OWNER: TRULUCKS SEAFOOD
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,NO VISIBLE PERMIT.
VIOLATION
ADDRESS: 5014 AIRPORT ROAD,NAPLES
3. CASE NO: S0164030-CEEX20140017020
OWNER: ELSIE APONTE
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,STRIPED AREA
VIOLATION
ADDRESS: AVOW,NAPLES
2
4. CASE NO: S0180298-CEEX20140018227
OWNER: FERNANDO MALLOZZI
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,PLACARD NOT VALID
VIOLATION
ADDRESS: COSTCO,NAPLES
5. CASE NO: DAS15629-CEEX20140017636
OWNER: MICHAEL LOPEZ
OFFICER: K.LYNCH
VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B)
RUNNING AT LARGE ON A BUSINESS PARKING LOT IN THE 900 BLOCK OF
COMMERCIAL BLVD.
VIOLATION
ADDRESS: COMMERCIAL BLVD,NAPLES
6. 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
7. CASE NO: CEPM20140008734
OWNER: NADINE MARIE DODEMAN
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE V1,
SECTION 22-231 (12)(N)AND(15).PRIVATE SWIMMING POOL NOT BEING
MAINTAINED AND ACCESSORY SCREEN ENCLOSURE IN DISREPAIR.
FOLIO NO: 78698104081
VIOLATION
ADDRESS: 2646 ORANGE GROVE TRAIL,NAPLES
8. CASE NO: CEROW20140001135
OWNER: ANGELA C.LUCARELLI
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION II
COLLIER COUNTY SWALE/CULVERT CONVERSION-NAPLES PARK'
ARK,SECTION 110-46.
EXPIRED PERMIT FOR SWALE/CULVERT CONVERSION.
FOLIO NO: 62783680002
VIOLATION
ADDRESS: 783 100TH AVENUE N,NAPLES
3
9. CASE NO: CEPM20140010423
OWNER: STRUCTURED ASSET MTG II TRUST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15)AND(19). PRIVATE SWIMMING POOL NOT BEING MAINTAINED
AND EXCESSIVE MOLD/MILDEW GROWTH ON THE PATIO CREATING AN
UNSANITARY CONDITION.
FOLIO NO: 78698106746
VIOLATION
ADDRESS: 2788 INLET COVE LANE W,NAPLES
10. CASE NO: CEROW20140007383
OWNER: FRED J.KAUER
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY,
SECTION 110-32(1).THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS, IT HAS
COLLAPSED OR RUSTED THROUGH.
FOLIO NO: 98720004
VIOLATION
ADDRESS: 829 SANCTUARY ROAD,NAPLES
11. CASE NO: CEROW20140004434
OWNER: DOUGLAS L.WILSON AND NANCY L.WILSON
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY,
SECTION 110-32(1).CULVERT PIPE IN NEED OF REPLACEMENT/REPAIR.
FOLIO NO: 94920002
VIOLATION
ADDRESS: 616 SANCTUARY ROAD,NAPLES
12. CASE NO: CEAU20140014415
OWNER: DAVID FALATO AND ZENAIDA FALATO
OFFICER: INVESTIGATOR MICHAEL CLARK
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND ADMINISTRATION,
PART 1, SCOPE AND APPLICATION,SECION 105 PERMITS, 105.1 REQUIRED.
UNPERMITTED FENCE CONSTRUCTED IN THE REAR OF THE PROPERTY.
OWNER/OCCUPANT DID NOT COMPLETE PERMITTING APPLICATION PROCESS.
FOLIO NO: 77210960002
VIOLATION
ADDRESS: 130 2ND STREET,NAPLES
13. CASE NO: CEROW20140013112
OWNER: ALBERT TREVINO
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY,
SECTION 110-31(A).MODIFICATION OF CULVERT PIPE WITHOUT A PERMIT.
FOLIO NO: 39027120002
VIOLATION
ADDRESS: 4390 56TH AVENUE NE,NAPLES
4
14. CASE NO: CEPM20140008654
OWNER: SANDRA M.TARR AND RICHARD E.TARR
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I),(12)(N)AND(15). SCREEN ENCLOSURE IN DISREPAIR,
PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY
CONDITION AND GARAGE DOOR IN DISREPAIR.
FOLIO NO: 82537880009
VIOLATION
ADDRESS: 189 MENTOR DRIVE,NAPLES
15. CASE NO: CENA20140016739
OWNER: BARBARA A.SAGE
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS OVER 18 INCHES ON RESIDENTIAL PROPERTY.
FOLIO NO: 22670680003
VIOLATION
ADDRESS: 3515 THOMASSON DRIVE,NAPLES
16. CASE NO: CEPM20140008850
OWNER: JOHN V.MELICK JR TR
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(C)AND(12)(N). TORN SCREENS ON ACCESSORY STRUCTURE,
REAR PATIO AND ROOF IN DISREPAIR.
FOLIO NO: 63960222004
VIOLATION
ADDRESS: 5130 ALPHA COURT,NAPLES
17. CASE NO: CEPM20140012846
OWNER: DETLEF DZIUBA EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(C)AND(15),AND SECTION 22-242. POOL WATER IS GREEN IN
COLOR AND NOT BEING PROPERLY MAINTAINED, DWELLING IS VACANT AND
UNSECURE, AND THERE IS CEILING DAMAGE ON THE LANAI.
FOLIO NO: 23945051353
VIOLATION
ADDRESS: 120 LAMBTON LANE,NAPLES
18. CASE NO: CEOCC20140009738
OWNER: RICHARD ADAMS-MERCER AND JAMES SIMPSON
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV,SECTION 126-111 (B)
AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED
FOR BUSINESS.
FOLIO NO: 271080008
VIOLATION
ADDRESS: 3427 EXCHANGE AVENUE,UNIT 1,NAPLES
5
19. CASE NO: CEOCC20140011314
OWNER: RICHARD ADAMS-MERCER AND JAMES SIMPSON
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV,SECTION 126-111 (B)
AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED
FOR BUSINESS.
FOLIO NO: 271080008
VIOLATION
ADDRESS: 3427 EXCHANGE AVENUE,UNIT 3,NAPLES
20. CASE NO: CEOCC20140011337
OWNER: RICHARD ADAMS-MERCER AND JAMES SIMPSON
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126-111 (B)
AND SECTION 126-114(C).NO CURRENT BUSINESS TAX RECEIPT DISPLAYED OR
OBTAINED FOR BUSINESS.
FOLIO NO: 271080008
VIOLATION
ADDRESS: 3427 EXCHANGE AVENUE,UNIT 5,NAPLES
21. CASE NO: CEPM20140003896
OWNER: C. GARY WILCOX AND SONJA R.WILCOX
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(1). FRONT WINDOW IS BOARDED WITHOUT OBTAINING A VALID
COLLIER COUNTY BOARDING CERTIFICATE.
FOLIO NO: 35750400006
VIOLATION
ADDRESS: 2118 44TH TERRACE SW,NAPLES
22. CASE NO: CESD20130017361
OWNER: EMERIDA SOTO
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E). A REAR CHICKEE HUT INSTALLED WITHOUT
THE PROPER COLLIER COUNTY PERMIT.
FOLIO NO: 35995800005
VIOLATION
ADDRESS: 4570 26TH AVENUE SW,NAPLES
23. CASE NO: CEV20140014970
OWNER: EVENA VATEL
OFFICER: INVESTIGATOR JIM KINCAID
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. UNLICENSED/INOPERABLE VEHICLES AND PARKING
ON THE GRASS AND IN THE RIGHT OF WAY OF IMPROVED RESIDENTIAL
PROPERTY.
FOLIO NO: 62046120005
VIOLATION
ADDRESS: 5217 MCCARTY STREET,NAPLES
6
24. CASE NO: CEPM20140012247
OWNER: TIMOTHY R.MCCORKLE AND SHARON MCCORKLE
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(N)AND(15).PRIVATE SWIMMING POOL NOT BEING
MAINTAINED CREATING AN UNHEALTHY CONDITION AND ACCESSORY SCREEN
STRUCTURE IN DISREPAIR.
FOLIO NO: 81216008585
VIOLATION
ADDRESS: 3282 STURGEON BAY CT,NAPLES
25. CASE NO: CEPM20140012637
OWNER: S&0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241 (1)(N)(3),22-241 (1)(J),22-241 (1)(A),22-241 (I)(B),22-241 (I)(E)AND 22-
241(2)(L).COMMERCIAL SIGNAGE IN DISREPAIR,ROOF,FASCIA,AND SOFFIT IN
DISREPAIR,PEELING PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS
MISSING GLAZING MATERIAL,UNSECURE AND NOT WEATHER TIGHT,DEBRIS
SCATTERED ABOUT PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION
ADDRESS: 303 W. MAIN STREET,IMMOKALEE
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
2. 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
7
3. CASE NO: CEPM20140011736
OWNER: CHAD A.SHANNON AND CRYSTAL M. SHANNON
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 WITH GREEN STAGNANT
WATER.
FOLIO NO: 25117600268
VIOLATION
ADDRESS: 6654 CASTLELAWN PLACE,NAPLES
4. CASE NO: CEPM20120008938
OWNER: MBLS VENTURES LLC
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(1)THROUGH(20)AND ARTICLE VI CHAPTER 22,SECTION 22-242.
UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE,
INCLUDING EXTERIOR WALLS,INTERIOR WALLS,ROOF, CEILINGS, WINDOWS,
DOORS,AND OTHER AREAS THROUGHOUT STRUCTURE.
FOLIO NO: 45967680007
VIOLATION
ADDRESS: 1810 19TH STREET SW,NAPLES
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: November 7, 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
October 3, 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.
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: 9:45 A.M.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Administrative Secretary, noted the following changes
(listed below as Agenda item numbers):
Under item V.B —Hearings, the following case was moved to V.0 —Motion for Continuance:
• #7-CASE NO: CEPM20140008734-NADINE MARIE DODEMAN
• #14-CASE NO: CEPM20140008654-SANDRA M.TARR AND RICHARD E. TARR
• #6-CASE NO: CEV20140008261 -PASQUALE BARLETTA AND JEAN M.MONDELLO
Under item V.B —Hearings, the following cases were moved to V.A— Stipulations:
• #8-CASE NO: CEROW20140001135-ANGELA C.LUCARELLI
• #13 -CASE NO: CEROW20140013112-ALBERT TREVINO
• #10-CASE NO: CEROW20140007383-FRED J. KAUER
Under item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0164010-CEEX20140015867-MARIE LOUISE KANACH
• #3 -CASE NO: S0164030-CEEX20140017020-ELSIE APONTE
• #4-CASE NO: S0180298-CEEX20140018227-FERNANDO MALLOZZI
• #11 -CASE NO: CEROW20140004434-DOUGLAS L.WILSON AND NANCY L.WILSON
• #15 -CASE NO: CENA20140016739-BARBARA A. SAGE
• #17-CASE NO: CEPM20140012846-DETLEF DZIUBA EST
• #18-CASE NO: CEOCC20140009738-RICHARD ADAMS-MERCER AND JAMES SIMPSON
• #19-CASE NO: CEOCC20140011314-RICHARD ADAMS-MERCER AND JAMES SIMPSON
• #20-CASE NO: CEOCC20140011337-RICHARD ADAMS-MERCER AND JAMES SIMPSON
• #22-CASE NO: CESD20130017361-EMERIDA SOTO
• #23 -CASE NO: CEV20140014970-EVENA VATEL
2
October 3, 2014
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—September 5, 2014
The minutes of the September 5, 2014 Special Magistrate Hearing were reviewed by the
Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance
1. 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
Special Magistrate Garretson reported the Respondent submitted the request in writing
via Attorney Timothy Moffit.
The Special Magistrate GRANTED the Respondents'Motion for a Continuance in the
case.
2. 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
Special Magistrate Garretson reported the Respondent submitted the request in writing
via Attorney Timothy Moffit.
The Special Magistrate GRANTED the Respondents'Motion for a Continuance in the
case.
3. CASE NO: CEPM20140008734
OWNER: NADINE MARIE DODEMAN
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(N)AND(15).PRIVATE SWIMMING POOL
NOT BEING MAINTAINED AND ACCESSORY SCREEN ENCLOSURE IN
DISREPAIR.
FOLIO NO: 78698104081
VIOLATION ADDRESS:2646 ORANGE GROVE TRAIL,NAPLES
Supervisor Santafemia represented the County and had no objection to the request.
The Respondent was not present.
The Special Magistrate GRANTED the Respondents'Motion for a Continuance in the
case.
4. CASE NO: CEPM20140008654
OWNER: SANDRA M.TARR AND RICHARD E. TARR
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
3
October 3, 2014
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(I), (12)(N)AND(15). SCREEN ENCLOSURE IN
DISREPAIR, PRIVATE SWIMMING POOL NOT BEING MAINTAINED
CREATING AN UNHEALTHY CONDITION AND GARAGE DOOR IN DISREPAIR.
FOLIO NO: 82537880009
VIOLATION ADDRESS: 189 MENTOR DRIVE,NAPLES
Supervisor Santafemia represented the County and had no objection to the request.
The Respondent was not present.
The Special Magistrate GRANTED the Respondents'Motion for a Continuance in the
case.
5. 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
Investigator Clark represented the County and had no objection to the request.
The Respondent was not present.
The Special Magistrate GRANTED the Respondents'Motion for a Continuance in the
case.
B. Motion for Extension of Time
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
Mr. Gray reported he is abating the violation and is in the process of obtaining the
required permits.
Investigator Box represented the County and had no objection to the request.
The Special Magistrate GRANTED the Respondents'request for an Extension of Time
until December 3, 2014 and ordered him to pay Operational Costs of$229.98 by
October 18, 2014.
Total Amount Due: $229.98
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEROW20140001135
OWNER: ANGELA C.LUCARELLI
4
October 3, 2014
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,
ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF
WAY,DIVISION II COLLIER COUNTY SWALE/CULVERT CONVERSION-
NAPLES PARK, SECTION 110-46. EXPIRED PERMIT FOR SWALE/CULVERT
CONVERSION.
FOLIO NO: 62783680002
VIOLATION ADDRESS:783 100TH AVENUE N,NAPLES
Investigator Box requested the hearing.
The Stipulation was entered into by Angelo Lucarelli on September 18, 2014.
The Special Magistrate found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the
case by November 3, 2014.
2. Abate all violations by obtaining the applicable right of way permit from the
Department of Transportation through inspections through final inspection and
Certificate of Completion by October 17, 2014 or pay a fine in the amount of
$200.00 per day that 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
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: $115.25
2. CASE NO: CEROW20140013112
OWNER: ALBERT TREVINO
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,
ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,
DIVISION I GENERALLY, SECTION 110-31(A). MODIFICATION OF CULVERT
PIPE WITHOUT A PERMIT.
FOLIO NO: 39027120002
VIOLATION ADDRESS:4390 56TH AVENUE NE,NAPLES
Supervisor Bosa requested the hearing.
The Stipulation was entered into by Albert Trevino on October 2, 2014.
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 November 3, 2014.
2. Abate all violations obtaining all required Collier County Right-Of-Way permit(s)
and inspections through final approval, and/or remove all offending materials
5
October 3, 2014
from right-of-way for any activity not permitted with a valid Collier County Right-
Of-Way permit by December 3, 2014 or a fine in the amount of$200.00 per day will
be imposed until the violation is abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday,Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday,Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
using any method to bring the violation into compliance and may use the assistance
of the Collier County Sheriff's Office to enforce the provisions of this agreement
and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.40
3. CASE NO: CEROW20140007383
OWNER: FRED J. KAUER
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,
ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,
DIVISION I GENERALLY, SECTION 110-32(1). THE CULVERT/DRAINAGE PIPE
HAS FAILED,THAT IS,IT HAS COLLAPSED OR RUSTED THROUGH.
FOLIO NO: 00098720004
VIOLATION ADDRESS: 829 SANCTUARY ROAD,NAPLES
Supervisor Bosa requested the hearing.
The Stipulation was entered into by Fred Kauer on October 3, 2014.
The Special Magistrate found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$11 5.10 incurred in the prosecution of the
case by November 3, 2014.
2. Abate all violations obtaining all required Collier County Right-Of-Way permit(s)
and inspections through final approval, and/or remove all offending materials
from right-of-way for any activity not permitted with a valid Collier County Right-
Of-Way permit by April 3, 2015 or a fine in the amount of$200.00 per day will be
imposed until the violation is abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
using any method to bring the violation into compliance and may use the assistance
of the Collier County Sheriff's Office to enforce the provisions of this agreement
and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.10
B. Hearings
6
October 3, 2014
2. CASE NO: SO164014-CEEX20140016061
OWNER: TRULUCKS SEAFOOD
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE,NO VISIBLE PERMIT.
VIOLATION ADDRESS: 5014 AIRPORT ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Deputy Keller testified on August 6, 2014 he was on routine patrol when he observed the
vehicle illegally parked in space reserved for duly authorized handicapped individuals
without displaying the proper parking placard. Accordingly he issued a Citation.
The Respondent was not present.
After hearing the evidence the Special Magistrate DENIED the Respondent request for
dismissal of the Citation and ordered him to pay a $250.00 Fine, $50.00 Operational
Costs and$5.00 Administrative Fee for a total amount due of$305.00 by November 3,
2014.
Total Amount Due: $305.00
5. CASE NO: DAS15629-CEEX20140017636
OWNER: MICHAEL LOPEZ
OFFICER: K.LYNCH
VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B)
RUNNING AT LARGE ON A BUSINESS PARKING LOT IN THE 900 BLOCK OF
COMMERCIAL BLVD.
VIOLATION ADDRESS:COMMERCIAL BLVD,NAPLES
Officer Lynch represented the County
Mr. Lopez was present.
Officer Lynch testified:
• On August 25, 2014 Mr. Lopez's dog"Beethoven"was running at large.
• The violation was a repeat violation with 5 warnings/tickets being previously
issued for a total amount paid to date of$600.00
• After investigation, a Citation was issued on August 26, 2014. A fine amount of
between $300 - $500 which may be imposed as determined by the Special
Magistrate.
Mr. Lopez testified:
• Beethoven is a"wanderer" and he has taken corrective action to install a lead in
his shop whereby the dog is under control but free to roam within the confines of
the shop.
• On the day of the incident he had arrived at work and waited on a customer,
before attending to the dog and the dog slipped away.
• He assured the parties he has the situation under control and will no longer forget
to attend to the dog as soon as he gets to work.
7
October 3, 2014
Discussion occurred with the Special Magistrate noting the monetary penalties to date
have not been persuasive enough to ensure Mr. Lopez complies with the Ordinance. The
matter is a safety to issue to the public and the dog as it may get hit by a car as it roams
freely. A solution may be to install a portable pen in the shop to ensure the dog remains
under control of Mr. Lopez at all times.
Mr. Lopez reported the lead is a better option as the dog has more space to move about
"freely" as opposed to being confined.
The Special Magistrate recessed the case to review the options. It was reconvened after case #12.
The Special Magistrate found the CITATION SHOULD BE UPHELD and ordered
Mr. Lopez to install a pen at the location of his place of business to confine the dog by
November 3, 2014.
Mr. Lopez objected and expressed concern the dog would be more suited to restriction
on the lead where he may move about more freely rather than being confined to a small
space.
The Special Magistrate amended the ruling and found the CITATION SHOULD BE
UPHELD and ordered Mr. Lopez to pay a $500.00 fine and report back on a monthly
basis on the status of any incidents for a period of six months. Said reports to be made
at the Special Magistrate Hearings beginning on November 7, 2014.
Staff reported they would provide Mr. Lopez a copy of the meeting schedule.
12. CASE NO: CEAU20140014415
OWNER: DAVID FALATO AND ZENAIDA FALATO
OFFICER: INVESTIGATOR MICHAEL CLARK
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND
ADMINISTRATION,PART 1, SCOPE AND APPLICATION, SECION 105 PERMITS,
105.1 REQUIRED. UNPERMITTED FENCE CONSTRUCTED IN THE REAR OF
THE PROPERTY. OWNER/OCCUPANT DID NOT COMPLETE PERMITTING
APPLICATION PROCESS.
FOLIO NO: 77210960002
VIOLATION ADDRESS: 130 2ND STREET,NAPLES
Investigator Clark and Supervisor Letourneau represented the County.
Mr. and Mrs. Falato were present.
Mr. Clark provided an overview of the case which stemmed from a complaint from a
neighbor. A fence permit was obtained in 2009 however the final inspection or
Certificate of Completion has not been issued by the County. He outlined the aspects of
the following Exhibits and their relation to the case.
Exhibit 1: 2008 Aerial photo of 130 2nd St. Naples, Fl—no fence shown in the location.
Exhibit 2: 2014 Aerial photo of 130 2nd St. Naples, Fl—depicting fence in the location.
Exhibit 3: photo dated 9/3/14
Exhibit 4: photo dated 7/9/14
8
October 3, 2014
Exhibit 5: Aerial photo of property
Exhibit 6: Collier County Fence Permit#031488 issued in 2009
Exhibit 7: Permit Application submitted by the Respondents in March of 2009.
Exhibit 8: Collier County CD Plus Tracking—expired permit 9/21/09
Exhibit 9: 2nd Page of Original Permit Application
Mrs. Zenato contended:
• A violation does not exist as the materials do not constitute the definition of a
"fence." "A flat or upright structure made of wood or wire that surrounds an
area of land" (Exhibit A), among others provided in their Exhibits.
• It is not an accessory use or structure as defined in zoning ordinances and does
not require a permit"Ordinarily specify a range of accessory uses that
landowners have come to expect as customary when they purchase their property
because they allow for additional beneficial use" (Exhibit#B).
• Section 5.03.02 of the Land Development Code states "Fences or walls shall be
permitted principal uses in all districts, subject to the restrictions set forth in this
section, unless specifically exempted; however, a fence or wall shall not, in any
way, constitute a use or structure, which permits, requires, and/or provides for
any accessory uses and/or structures. "
• It is not being used as a"fence", but screening to prevent a neighbor from visual
observing, photographing filming adult and juvenile activity on the property as
well as shining lights from his property into the Zenato's home at nighttime.
• They have a restraining order against the individual. This material does not
constitute a principal use required to be permitted.
• A permit was obtained in 2009 to construct a fence around the perimeter of the
property, however they only installed several feet in the middle of the property to
the meet their intended purpose.
• A representative of the County did inspect the installation, informed them a
permit was not required and closed out the case in 2009.
• This case was reopened recently as a result of the neighbor's (Angelo
Campenello) complaint who has filed more than 100 complaints against them
with the Code Enforcement.
She entered the following Exhibits:
Exhibit A: McMillan Dictionary definition of"Fence."
Exhibit B: "Community Uses in Zoning"
Exhibit C: Email from Ellen Summers—Collier County Planner dated 10/2/14—
Subject: Fences
Exhibit D: "Complaint Status" 2/26/04—Collier County Growth Management Division
Portal
Exhibit E: Order of Protection dated 9/22/03
Exhibit F: Code Case Details Collier County 9/18/14
Exhibit G: Historic Results of Collier County Code Case
Exhibit H: Letter from Jeff Klatzkow, Collier County Attorney to Angelo Campenello
dated 9/5/08
Exhibit I: Copy of Sheriff's Office Report#14000122219 dated 5/5/14
Exhibit J: Collier County Ordinance 2009-42
9
October 3, 2014
Supervisor Letourneau noted
• The issues are definitions (structure) as defined by the Florida Building Code, not
the Land Development Code and a"structure" does require issuance of a permit
by the County.
• The Case was closed out in error by a previous Supervisor and an error does not
constitute compliance with the Ordinances.
• The Respondent's have no physical evidence, only verbal evidence that a permit
is not required.
• The County is requesting a permit be obtained and the related inspections and
Certificate of Completion be issued.
Mrs. Zenato contended the County closed out the case and it is not their fault the County
deemed the case closed in error as they completed all required steps at the time of the
application.
The Special Magistrate reviewed other definitions of a fence as found on electronic
media, which could construe their installation of materials meets the definition of the
fence.
Supervisor Letourneau noted the material is deemed a structure under the Florida
Building Code and requires a permit be issued by the County.
Supervisor Snow reported the Florida Building Code defines a structure as "That which is
built or constructed. "
Following review of the evidence and hearing the testimony, the Special Magistrate
UPHELD the County's decision to issue a violation and ordered the Respondents to
pay Operational Costs in the amount of$115.40 and apply for a new permit and obtain
all necessary inspections to Certificate of Completion by December 3, 2014 or a fine of
$50.00 per day will be imposed for each day the violation remains unabated.
Total Amount Due: $115.40
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. CASE NO: CEPM20120008938
OWNER: MBLS VENTURES LLC
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20)AND ARTICLE VI
CHAPTER 22, SECTION 22-242.UNSECURE RESIDENTIAL STRUCTURE IN
NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,
INTERIOR WALLS,ROOF,CEILINGS, WINDOWS,DOORS,AND OTHER AREAS
THROUGHOUT STRUCTURE.
FOLIO NO: 45967680007
VIOLATION ADDRESS: 1810 19TH STREET SW,NAPLES
Supervisor Bosa represented the County.
Octavio Sarmiento, Jr. represented the Respondent.
10
October 3, 2014
Mr. Sarmiento reported the violation is being abated and is in the "demolition phase"
with several inspections completed. He requested the Respondent be allowed 90 days to
complete abatement of the violation.
Supervisor Bosa had no objection to the request as it is not a health, safety and welfare
issue.
The Special Magistrate GRANTED an Extension of Time until January 3, 2015 with
the accrual of fines being stayed subject to the violation(s) being abated. Should said
violation(s) not be abated by the prescribed time frame, any fine amounts accumulated
will be retroactively applied to the case. Operational Costs in the amount of$113.80 to
be paid by November 3, 2014.
Total Amount Currently Due: $113.80
VI. PUBLIC HEARINGS
B. Hearings
9. CASE NO: CEPM20140010423
OWNER: STRUCTURED ASSET MTG II TRUST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(15)AND(19). PRIVATE SWIMMING POOL NOT
BEING MAINTAINED AND EXCESSIVE MOLD/MILDEW GROWTH ON THE
PATIO CREATING AN UNSANITARY CONDITION.
FOLIO NO: 78698106746
VIOLATION ADDRESS:2788 INLET COVE LANE W,NAPLES
Date of Hearing Notice by Certified Mail: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/17/14
Supervisor Santafemia presented the case.
The Respondent was not present.
Evidence entered: Exhibit 1: 1 photo dated 5/23/14
The violation remains as of 10/3/14.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of$115.18 incurred in the prosecution of the case on or
before November 3, 2014.
2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to
maintain clean pool water and filtration system and clean all mold and mildew
from the patio deck on or before October 17, 2014 or a fine of$250.00 per day will
be imposed for each day the violation remains thereafter or;
3. Covering the pool to prevent safety hazards, insect infestations, and the intrusion of
rain water on or before October 17, 2014 or a fine of $250.00 per day will be
imposed for each day until the violation is abated.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
11
October 3, 2014
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: $115.18
16. CASE NO: CEPM20140008850
OWNER: JOHN V.MELICK JR TR
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(C)AND(12)(N). TORN SCREENS ON
ACCESSORY STRUCTURE,REAR PATIO AND ROOF IN DISREPAIR.
FOLIO NO: 63960222004
VIOLATION ADDRESS:5130 ALPHA COURT,NAPLES
Date of Hearing Notice by Certified Mail: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/17/14
Investigator Santafemia presented the case.
The Respondents was not present.
Evidence Entered: Composite Exhibit 1: 2 photos dated 5/5/14
The violation remains as of 10/3/14.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondents GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the
case by November 3, 2014.
2. Abate all violations by replace and/or repair all torn screens of the rear patio
accessory screen structure and repair any broken or missing roof tiles by November
3, 2014 or a fine of$100.00 per day will be imposed until the violation has been
abated.
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. If the
Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of
the Order and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.25
21. CASE NO: CEPM20140003896
OWNER: C.GARY WILCOX AND SONJA R.WILCOX
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
12
October 3, 2014
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-241(1). FRONT WINDOW IS BOARDED WITHOUT
OBTAINING A VALID COLLIER COUNTY BOARDING CERTIFICATE.
FOLIO NO: 35750400006
VIOLATION ADDRESS:2118 44TH TERRACE SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/17/14
Investigator Santafemia presented the case.
The Respondents was not present.
Evidence Entered: Exhibit 1: 1 photos dated 2/22/14
The violation remains as of 10/3/14.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondents GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$11 5.10 incurred in the prosecution of the
case by November 3, 2014.
2. Abate all violations by applying for and obtaining a valid Collier County Boarding
Certificate or remove board and repair window if necessary by October 17, 2014 or
a fine of$100.00 per day will be imposed until the violation has been abated.
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. 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: $115.10
24. CASE NO: CEPM20140012247
OWNER: TIMOTHY R.MCCORKLE AND SHARON MCCORKLE
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(N)AND(15).PRIVATE SWIMMING POOL
NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION AND
ACCESSORY SCREEN STRUCTURE IN DISREPAIR.
FOLIO NO: 81216008585
VIOLATION ADDRESS: 3282 STURGEON BAY CT,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/14
Date of Hearing Notice Property/Courthouse Posting: 9/23/14
Supervisor Santafemia presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit 1: 2 photos
13
October 3, 2014
The violation remains as of 10/3/14.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of$115.18 incurred in the prosecution of the case on or
before November 3, 2014.
2. Chemically treat the pool water to kill the algae and provide bi weekly treatments to
maintain clean pool water and filtration system and repair accessory screen
structure returing same to originally permitted condition on or before October 17,
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 repair
accessory screen structure returing same to originally permitted condition on or
before October 17, 2014 or a fine of $250.00 per day will be imposed for each day
the violation remains unabated.
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: $115.18
25. CASE NO: CEPM20140012637
OWNER: S&0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-241 (1)(N)(3),22-241 (1)(J),22-241 (1)(A),22-241 (1)(B),
22-241 (1)(E)AND 22-241(2)(L).COMMERCIAL SIGNAGE IN DISREPAIR,ROOF,
FASCIA,AND SOFFIT IN DISREPAIR,PEELING PAINT ALONG EXTERIOR
SURFACES,WINDOWS AND DOORS MISSING GLAZING MATERIAL,
UNSECURE AND NOT WEATHER TIGHT,DEBRIS SCATTERED ABOUT
PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION ADDRESS: 303 W.MAIN STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/17/14
Investigator Santafemia presented the case.
The Respondents was not present.
Evidence Entered: Composite Exhibit 1: 8 photos dated 6/25/14
The violation remains as of 10/3/14.
14
October 3, 2014
Bradley Muckle, Executive Director, Immokalee CRA addressed the Special
Magistrate and reported the building is a"blight" on the community and appreciated any
help the County could provide in improving the site. There is a Grant Program which the
owner could take advantage of that would provide dollar for dollar macthing funds for
any monies expended on materials.
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$115.03 incurred in the prosecution of the
case by November 3, 2014.
2. Abate all violations by abating all described property maintenance violations by
November 3, 2014 or a fine of$250.00 per day will be imposed for each day any
violation continues.
3. Pay a Civil Penalty of$500.00 by November 3, 2014.
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. 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: $615.03
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines: (Continued)
1. 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: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/18/14
The Respondent was not present.
Supervisor Letourneau reported the violation has been abated and the Operational
Costs paid. He recommended the fines be waived.
The Special Magistrate DENIED the County's Motion for the Imposition of Fines.
2. CASE NO: CENA20140006393
OWNER: FLORIDA GEORGIA GROVE LLP
15
October 3, 2014
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: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/18/14
The Respondent was not present.
Investigator Lopez-Silvero presented the case noting the violation has been abated
however Operational Costs in the amount of$229.58 and the Civil Penalty of$500.00
remains unpaid.
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$729.58. Said
amount to become a lien on the property.
3. CASE NO: CEPM20140011736
OWNER: CHAD A. SHANNON AND CRYSTAL M. SHANNON
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 WITH
GREEN STAGNANT WATER.
FOLIO NO: 25117600268
VIOLATION ADDRESS: 6654 CASTLELAWN PLACE,NAPLES
Date of Hearing Notice by Certified Mail: 9/18/14
Date of Hearing Notice Property/Courthouse Posting: 9/19/14
The Respondents were not present.
Supervisor Snow presented the case noting the violation has been abated, however it
occurred after the prescribed date in the Order.
Abatement Date: 7/18/14
Fine Amount: $500/day
Duration: 34 days
Total Fine Amount: $17,000.00
Unpaid Civil Penalty: $500.00
Unpaid Operational Costs: $229.13
Total to Date: $17,729.13
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$17,729.13.
Said amount to become a lien on the property.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
16
October 3, 2014
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: November 7,2014, at 9:00 A.M. located at the Collier County
Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 1:18 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
,,
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enda Ga • , pedal Magistrate
The Minutes were ap ved by the Special Magistrate on JQlr�.�cjp�- It
as presented or as amended
17