CESM Minutes 11/07/2014 Code
Enforcement
Special Magistrate
Minutes
November 7 , 2014
November 7, 2014
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 7, 2014
LET IT BE REMEMB :RED 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 overnment Complex, Naples, Florida, with the following persons present:
SPE IAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESEN : Teresa Tooley, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: November 7,2014 at 9:00 A.M.
LOCATION: Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor,Naples,Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—October 3,2014
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
1. CASE NO: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR WELDON WALKER JR
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING
A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION
ADDRESS: 1203 ORCHID AVENUE, IMMOKALEE
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V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: ,SO172974-CEEX20140018839
OWNER: STEPHEN ROBINSON
OFFICER: DEPUTY MCCLELLAND
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 6460 COLLEGE PARK CIRCLE,NAPLES
2. CASE NO: PR052975-CEEX20140018872
OWNER: RIGOBERTO GUIDICELLI
OFFICER: PARK RANGER M. ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
EXPIRED BEACH PARKING STICKER,EXPIRED METER
VIOLATION
ADDRESS: GULF SHORE ACCESS,NAPLES
3. CASE NO: PU5180-CEEX20140019165
OWNER: MILDRED SALTER
OFFICER: TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORDINANCE 118-104, SECTION 3(L).
YARD WASTE CURBSIDE NOT PROPERLY PREPARED ON NON-SCHEDULED
COLLECTION DAY.
FOLIO NO: 62262320003
VIOLATION
ADDRESS: 5313 BROWARD STREET,NAPLES
4. CASE NO: PU5162-CEEX20140018923
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW& ORDINANCE 118, SECTION 62 AND 64.
UNAUTHORIZED AND IMPROPER ACCUMULATION OF LITTER ON AND AROUND
GARBAGE COMPACTOR AREA
FOLIO NO: 00439840006
VIOLATION
ADDRESS: 11490 WHISTLERS COVE CIRCLE,NAPLES
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5. CASE NO: PU5083-CEEX20140019742
OWNER: LENNAR HOMES LLC
OFFICER: CHRIS ALCORN
VIOLATIONS: CODE OF LAW&ORDINANCE 134-174, SECTION(N).
TAMPERING WITH COUNTY POTABLE WATER DISTRIBUTION SYSTEM
(CONTRACTOR HOSE CONNECTED TO CURBSTOP)
FOLIO NO: 79904071962
VIOLATION
ADDRESS: 9406 NAPOLI LANE,NAPLES
6. CASE NO: CEROW20140012773
OWNER: CWALT INC.ASSET-BACKED CT
OFFICER: INVESTIGATOR VICKI GIGUERE
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). OVERGROWN WEEDS BLOCKING DRAINAGE IN SWALE.
FOLIO NO: 38341320000
VIOLATION
ADDRESS: 5681 DOGWOOD WAY,NAPLES
7. CASE NO: CEROW20140002207
OWNER: MWJR LLC
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A).NO
COLLIER COUNTY PERMITS FOR CULVERT AND CULVERT IS DAMAGED.
FOLIO NO: 00729560009
VIOLATION
ADDRESS: 186 PRICE STREET,NAPLES
8. CASE NO: CENA20140014484
OWNER: HACKBERRY CORP.
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: COUCHES,TV'S,
GLASS TOP TABLES,METAL,BEDS,BOX SPRINGS, ETC.
FOLIO NO: 35830041000
VIOLATION
ADDRESS: 4110 16TH PL SW,4120 16TH PL SW,AND 4130 16TH PL SW,NAPLES
9. CASE NO: CES20140012167
OWNER: SOUTHWIND VILLAGE MHC LLC
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
5.06.02(B)(2), 5.06.02(B)(6),5.06.04(F)(14),5.06.06. MULTIPLE UNPERMITTED SIGNS ON
PROPERTY.
FOLIO NO: 00293400006
VIOLATION
ADDRESS: SOUTHWIND VILLAGE,NAPLES
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10. CASE NO: CEV20140009852
OWNER: TOD FARRINGTON AND JENNIFER FARRINGTON
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. RECREATIONAL VEHICLE WITHOUT A
VALID LICENSE PLATE AFFIXED,PARKED IN THE FRONT YARD OF IMPROVED
OCCUPIED RESIDENTIAL PROPERTY.
FOLIO NO: 1134000001
VIOLATION
ADDRESS: 220 OLD TRAIN LANE, COPELAND
11. CASE NO: CEROW20140013256
OWNER: BANK OF AMERICA
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.06.01(D)(1). TREE BRANCHES HANGING EXTREMELY LOW IN RIGHT OF WAY AND
OVER SIDEWALK CAUSING SIGHT VISIBILITY ISSUES.
FOLIO NO: 80671120009
VIOLATION
ADDRESS: 204 SILVERADO DRIVE,NAPLES
12. CASE NO: CEPM20140010065
OWNER: WILLIAM GROENEWALD EST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(N).TWO SHEDS IN REAR YARD ARE IN DISREPAIR WITH HOLES
IN THE ROOF AND MISSING/DAMAGED SOFFITS.
FOLIO NO: 38225640000
VIOLATION
ADDRESS: 5930 SEA GRASS LANE,NAPLES
13. CASE NO: CENA20140014221
OWNER: FIDEL J.CASANOVA
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. LITTER/DEBRIS AROUND THE PROPERTY INCLUDING REAR YARD
THAT CAN BE VIEWED FROM THE STREET.
FOLIO NO: 35755480005
VIOLATION
ADDRESS: 4496 19TH PLACE SW,NAPLES
14. CASE NO: CESD20140013902
OWNER: JACKY VAN VELDHOVEN AND ELSA CANTONI
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). AN UNPERMITTED TIKI STRUCTURE.
FOLIO NO: 81270680004
VIOLATION
ADDRESS: 2580 WEEKS AVENUE,NAPLES
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15. CASE NO: CEAU20130017845
OWNER: WAYNE MANSUETO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1, PART 1, SECTION 105 PERMITS,
SUBSECTION 105.1. A SIX FOOT WOOD(PRIVACY)FENCE IN THE BACKYARD OF
THE PROPERTY ENCROACHING ONTO THE ABUTTING NEIGHBORS PROPERTY
WITHOUT FIRST OBTAINING THE REQUIRED COLLIER COUNTY BUILDING
PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION.
FOLIO NO: 01134803101
VIOLATION
ADDRESS: 217 SWAIN STREET,COPELAND
16. CASE NO: CEPM20140014794
OWNER: ESTELVINA DUENAS,RAMON A. HERNANDEZ,AND WILLIAM F. HERNANDEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND SECTION 22-231(12)(N). POOL IN REAR OF THE PROPERTY
IS NOT BEING PROPERLY MAINTAINED AND SECTIONS OF WOODEN FENCE ARE
LYING ON THE GROUND.
FOLIO NO: 39207600009
VIOLATION
ADDRESS: 310 14TH STREET SE,NAPLES
17. CASE NO: CEPM20140008380
OWNER: JOSEPH C.LESTER
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(N)AND 22-231(15). PRIVATE SWIMMING POOL NOT BEING
MAINTAINED CREATING AN UNHEALTHY CONDITION,AND ACCESSORY
SCREENED STRUCTURE IN DISREPAIR.
FOLIO NO: 22683000586
VIOLATION
ADDRESS: 4395 KENTUCKY WAY,NAPLES
18. CASE NO: CEROW20140002148
OWNER: TIMOTHY BAKER
OFFICER: INVESTIGATOR JONATHAN MUSSE
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). INSTALLED A DRIVEWAY ON THE COUNTY RIGHT OF WAY
WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36249560003
VIOLATION
ADDRESS: 5324 17TH AVENUE SW,NAPLES
19. CASE NO: CELU20140018726
OWNER: JOSE DURAN
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
2.02.03. SELLING AND/OR ADVERTISING FOR SALE OF VEHICLES FROM HIS
RESIDENCE(RSF-1 ZONED).
FOLIO NO: 24980960000
VIOLATION
ADDRESS: 1230 BROOKSIDE DRIVE,NAPLES
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20. CASE NO: CEV20140017512
OWNER: LAWRENCE HENDRICKSON
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. TWO UNLICENSED/DISABLED VEHICLES PARKED IN THE
DRIVEWAY.
FOLIO NO: 77260080000
VIOLATION
ADDRESS: 124 6TH STREET,NAPLES
21. CASE NO: CENA20140017774
OWNER: NANCY JACKSON
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A).THE ACCUMULATION OF WEEDS,GRASS,OR OTHER SIMILAR
NON-PROTECTED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 66930080008
VIOLATION
ADDRESS: 514 S 5TH STREET, IMMOKALEE
22. CASE NO: CEPM20140014575
OWNER: JOHN ANNICHENNI
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19)AND SECTION 22-242. STRUCTURE IS UNSECURE,CREATING A
NUISANCE AND PROPERTY HAS DEBRIS SCATTERED ABOUT.
FOLIO NO: 62837080008
VIOLATION
ADDRESS: 527 93RD AVENUE N,NAPLES
23. CASE NO: CENA20140019470
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).A REPEAT VIOLATION OF WEEDS EXCEEDING 18 INCHES ON
IMPROVED UNOCCUPIED RESIDENTIAL PROPERTY AND THE RIGHT OF WAY TO
INCLUDE A SECTION OF THE PROPERTY THAT IS SECURED WITH A CHAIN LINK
FENCE.
FOLIO NO: 26085200003
VIOLATION
ADDRESS: 318 MAMIE STREET,CHOKOLOSKEE
24. CASE NO: CENA20140018422
OWNER: ERIC BOOKER
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179.ACCUMULATION OF LITTER IN THE REAR YARD CONSISTING OF
BUT NOT LIMITED TO: BOXES,BINS,TARPS,BLANKETS,FURNITURE,TIRES,
BICYCLES,ETC.
FOLIO NO: 32480240005
VIOLATION
ADDRESS: 901 CARDINAL STREET,NAPLES
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25. CASE NO: CENA20140016094
OWNER: MARTHA GUERRERO
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 62257960009
VIOLATION
ADDRESS: 5238 TEXAS AVENUE,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR WELDON WALKER JR
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING
A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION
ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE
2. CASE NO: CES20140009588
OWNER: SATURINO MARTIN AND PAULA MARTIN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
5.06.02(B)(2)(B). REAL ESTATE SIGN THAT EXCEEDS THE MAXIMUM SIGN AREA OF
TWELVE SQUARE FEET.
FOLIO NO: 41930560103
VIOLATION
ADDRESS: NO SITE ADDRESS, FOLIO#41930560103,NAPLES
3. CASE NO: CEROW20140005988
OWNER: RANDY NEWBERRY AND ANNIE NEWBERRY
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110-32, ROADS
AND BRIDGES, ARTICLE II, REMOVAL OF OFFENDING MATERIAL. A COLLAPSED
CULVERT/DRAINAGE PIPE AS REPORTED BY THE COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION.
FOLIO NO: 63100120005
VIOLATION
ADDRESS: 4810 AZTEC CIRCLE,NAPLES
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4. CASE NO: CESD20140007858
OWNER: HUNTER RENTAL LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). CONSTRUCTED PIGEON COOPS WITHOUT FIRST OBTAINING A
VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36238320005
VIOLATION
ADDRESS: 5261 HUNTER BLVD,NAPLES
5. CASE NO: CEPM20120014225
OWNER: HARBOR VIEW MTG LOAN TRUST
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI,
SECTION 22-236. VACANT STRUCTURE WITH FIRE DAMAGE DECLARED TO BE
DANGEROUS BY THE COLLIER COUNTY CHIEF BUILDING OFFICIAL.
FOLIO NO: 77411840002
VIOLATION
ADDRESS: 1258 TRAIL TERRACE DRIVE,NAPLES
6. CASE NO: CESD20130007839
OWNER: JOANNE CHRISTINE POYER EST AND IRIS M. PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY
STRUCTURES ON PROPERTY.
FOLIO NO: 63505080009
VIOLATION
ADDRESS: 3612 CROTON ROAD,NAPLES
7. CASE NO: CEAU20130017701
OWNER: MARIUS SAINT-FLEUR AND OLITHA SAINT-FLEUR
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: 2010 FLORIDA BUILDING CODE, CHAPTER 1, PART 1, SECTION 105.1. A DAMAGED
WOODEN FENCE WITH AN EXPIRED PERMIT#2004061017, WHICH EXPIRED ON
DECEMBER 5,2004.
FOLIO NO: 36307400005
VIOLATION
ADDRESS: 2395 55TH STREET SW,NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
8
C. Motion to Contest Nuisance Abatement Lien:
1. CASE NO: CENA20140007157
OWNER: LIGHTHOUSE PROPERTIES LLC
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEED OVERGROWTH, PROHIBITED ACCUMULATION OF NON-
PROTECTED MOWABLE VEGETATION.
FOLIO NO: 71380440005
VIOLATION
ADDRESS: 18000 BLUEWATER DRIVE,NAPLES
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
1. 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
X. NEXT MEETING DATE: December 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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November 7, 2014
Any person who de ides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertain ng thereto, and therefore may need to ensure that a verbatim record of the
proceedings is mad , which record includes the testimony and evidence upon which the appeal is to be
based. Neither Colli r County nor the Special Magistrate shall be responsible for providing this
record.
I. CALL TO ORDE —Special Magistrate Brenda Garretson presiding
The Honorable Spe•ial Magistrate Brenda Garretson called the Hearing to order at 9:03 AM. All those
testifying at the pro,eeding did so under oath.
A. Hearing rules aid regulations
Special Magistr i to Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the earing,Respondents were given an opportunity to speak with their Investigating
Officers for a R-solution by Stipulation. The goal is to obtain compliance without being punitive.
1
Recessed: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF A ENDA
Teresa Tooley, Co I e Enforcement Administrative Secretary, noted the following changes (listed
below as Agenda ite numbers):
Under Item V.B — I-arings, the following cases were moved to Item V.A—Stipulations:
• #24-CASE No: CENA20140018422-ERIC BOOKER
• #13 -CASE No: CENA20140014221 -FIDEL J.CASANOVA
• #8-CASE NO CENA20140014484-HACKBERRY CORP.
• #18-CASE Nip: CEROW20140002148-TIMOTHY BAKER
• #25 -CASE N0: CENA20140016094-MARTHA GUERRERO
Under Item V.B— I-arings, the following cases were withdrawn:
• #6-CASE NO CEROW20140012773- CWALT INC.ASSET-BACKED CT
• #10-CASE No: CEV20140009852-TOD FARRINGTON AND JENNIFER FARRINGTON
• #14-CASE No: CESD20140013902-JACKY VAN VELDHOVEN AND ELSA CANTONI
• #15 -CASE No: CEAU20130017845-WAYNE MANSUETO
• #19-CASE No: CELU20140018726-JOSE DURAN
• #20-CASE No: CEV20140017512-LAWRENCE HENDRICKSON
• #22-CASE NO: CEPM20140014575-JOHN ANNICHENNI
• #23 -CASE No: CENA20140019470-FLORIDA GEORGIA GROVE LLP
Under Item VI.A— otion for Imposition of Fines, the following case was withdrawn:
• #5 -CASE NO CEPM20120014225-HARBOR VIEW MTG LOAN TRUST
The Special Magist ate approved the Agenda as modified.
III. APPROVAL OF INUTES—October 3,2014
The minutes of the l ctober 3, 2014 Special Magistrate Hearing were reviewed by the Special
Magistrate and app oved as submitted.
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November 7, 2014
IV. MOTIONS
A. Motion for Con inuance
None
B. Motion for Ext;nsion of Time
1. CASE NO: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR WELDON WALKER JR
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING
A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION •DDRESS: 1203 ORCHID AVENUE,IMMOKALEE
Supervisor 'erez represented the County.
Donna YzaLuirre was present and had submitted the Motion for an Extension of Time in
writing.
Supervisor 'erez had no objection to the request as the violation is not a health, safety and
welfare issu:.
The Special agistrate GRANTED the Respondent's Motion for an Extension of Time and
CONTINU D I the case until November 7, 2015.
V. PUBLIC HEARIN S
A. Stipulations
1. CASE NO: CENA20140018422
OWNER: ERIC BOOKER
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179.ACCUMULATION OF LITTER IN THE REAR YARD CONSISTING OF
BUT NOT LIMITED TO:BOXES,BINS,TARPS,BLANKETS,FURNITURE,TIRES,
BICYCLES,ETC.
FOLIO NO: 32480240005
VIOLATION •DDRESS:901 CARDINAL STREET,NAPLES
Investigator Ford requested the Hearing.
The Stipulation was entered into by Eric Booker on November 7, 2014.
The Special agistrate found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Ope ational Costs in the amount of$115.40 incurred in the prosecution of the case by
Decemb:r 7, 2014.
2 Remove •r cause to remove any unauthorized litter which is a public nuisance by January
7, 2015 •.fine of$100.00 per day fine will be assessed for each day that the violation
continue,.
3. Notify C,•de Enforcement within 24 hours of abatement of the violation and request the
Investig•tor perform a site inspection to confirm compliance. Notice shall be by phone
and mad• during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday •r legal holiday, then the notification must be made on the next day that is not a
Saturda Sunday or legal holiday.
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November 7, 2014
4. If the Re,pondent fails to abate the violation the County may abate the violation and may
use the a sistance of the Collier County Sheriffs Office to enforce the provisions of this
agreeme t and all costs of abatement shall be assessed to the property owner.
Total Amo t Due: $115.40
2. CASE NO: CENA20140014221
OWNER: FIDEL J.CASANOVA
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181.LITTER/DEBRIS AROUND THE PROPERTY INCLUDING REAR YARD
THAT CAN BE VIEWED FROM THE STREET.
FOLIO NO: 35755480005
VIOLATION •DDRESS:4496 19TH PLACE SW,NAPLES
Investigator Davidson requested the Hearing.
The Stipulation was entered into by the Fidel Casanova on November 7, 2014.
Jose Castor, Interpreter for Mr. Castro was present.
The Special agistrate found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Ope ational Costs in the amount of$115.18 incurred in the prosecution of the case by
December 7, 2014.
2 Remove ill unauthorized accumulation of litter from the property to a site intended for
final dis i osal or store items in a completely enclosed structure by December 7, 2014 or a
fine of$,0.00 per day fine will be imposed until the violation is abated.
3. Notify C,'de Enforcement within 24 hours of abatement of the violation and request the
Investigi tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday,Sunday or legal holiday.
4. If the Re,pondent fails to abate the violation the County may abate the violation and may
use the a sistance of the Collier County Sheriff's Office to enforce the provisions of this
agreeme t and all costs of abatement shall be assessed to the property owner.
Total Amo t Due: $115.18
3. CASE NO: CENA20140014484
OWNER: HACKBERRY CORP.
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: COUCHES,TV'S,
GLASS TOP TABLES,METAL,BEDS,BOX SPRINGS,ETC.
FOLIO NO: 35830041000
VIOLATION •DDRESS:4110 16TH PL SW,4120 16TH PL SW,AND 4130 16TH PL SW,NAPLES
Investigator Davidson requested the Hearing.
The Stipulation was entered into by the Respondent's representative Spiro Turaky—Property
Manager on ovember 7, 2014.
The Special agistrate found the Respondent GUILTY of the alleged violation and ordered
to:
4
November 7, 2014
1. Pay Ope ational Costs in the amount of$115.55 incurred in the prosecution of the case by
Decemb:r 7, 2014.
2 Remove i ll unauthorized accumulation of litter from the property to a site intended for
final dis i osal or store items in a completely enclosed structure by November 17, 2014 or a
fine of$ 00.00 per day fine will be imposed until the violation is abated.
3. Notify 00 de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday, Sunday or legal holiday.
4. If the Re.pondent fails to abate the violation the County may abate the violation and may
use the a sistance of the Collier County Sheriffs Office to enforce the provisions of this
agreeme t and all costs of abatement shall be assessed to the property owner.
Total Amo t Due: $115.55
4. CASE NO: CEROW20140002148
OWNER: TIMOTHY BAKER
OFFICER: INVESTIGATOR JONATHAN MUSSE
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). INSTALLED A DRIVEWAY ON THE COUNTY RIGHT OF WAY
WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36249560003
VIOLATION •DDRESS: 5324 17TH AVENUE SW,NAPLES
Investigato Musse requested the hearing.
The Stipulation was entered into by the Timothy Baker on November 7, 2014.
The Special agistrate found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Ope ational Costs in the amount of$115.18 incurred in the prosecution of the case by
Decemb=r 7, 2014.
2. Abate al, violations by obtaining all required Collier County Building Permit(s) or Collier
County 1 emolition Permit(s) and required inspections and Certificate of
Complet on/Occupancy by February 7, 2015 or a fine of$100.00 per day will be imposed
until the violation is abated.
3. Notify 00 de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday, Sunday or legal holiday.
4. If the Re.pondent fails to abate the violation the County may abate the violation using any
method tI bring the violation into compliance and may use the assistance of the Collier
County 'heriffs Office to enforce the provisions of this agreement and all costs of
abateme t shall be assessed to the property owner.
Total Amou Due: $115.18
5. CASE NO: CENA20140016094
OWNER: MARTHA GUERRERO
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A).WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
5
November 7, 2014
FOLIO NO: 62257960009
VIOLATION •DDRESS:5238 TEXAS AVENUE,NAPLES
Investigato Kincaid requested the Hearing.
The Stipulation was entered into by Martha Guerrero on November 7, 2014.
The Special agistrate found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Ope /tional Costs in the amount of$115.25 incurred in the prosecution of the case by
Decembe 7, 2014.
2 Mowing 11 weeds,grass, or similar non protected overgrowth to a height of no more than
6 inches ,y November 14, 2014 or a fine of$100.00 per day will be imposed for each day
the viola ion remains.
3. Respond:nt must notify Code Enforcement within 24 hours of abatement of the violation
and requ• t the Investigator perform a site inspection to confirm compliance 24 hours.
Notice sh ll be by phone and made during the work week. If the violation is abated 24
hours pri•r to a Saturday, Sunday or legal holiday, then the notification must be made on
the next ' 0,that is not a Saturday, Sunday or legal holiday.
4. If the Res ondent fails to abate the violation the County may abate the violation and may
use the as istance of the Collier County Sheriffs Office to enforce the provisions of this
agreemen and all costs of abatement shall be assessed to the property owner.
Total Arno Due: $115.25
B. Hearings
2. CASE NO: PR052975-CEEX20140018872
OWNER: RIGOBERTO GUIDICELLI
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS CODE OF LAW&ORD., SEC. 130-66
EXPIRED BEACH PARKING STICKER,EXPIRED METER
VIOLATION •DDRESS:GULF SHORE ACCESS,NAPLES
Ranger Ara s uistain was not present.
Mr. Guidic=lli was present and moved to have the case dismissed as Ranger Araquistain was not
present.
The Special agistrate GRANTED the Respondent's Motion for a Dismissal.
4. CASE NO: PU5162-CEEX20140018923
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: ALBERTO SANCHEZ
VIOLATIONS CODE OF LAW&ORDINANCE 118,SECTION 62 AND 64.
UNAUTHORIZED AND IMPROPER ACCUMULATION OF LITTER ON AND AROUND
GARBAGE COMPACTOR AREA
FOLIO NO: 00439840006
VIOLATION •DDRESS: 11490 WHISTLERS COVE CIRCLE,NAPLES
Ryan Delia ono, Property Manager represented the Respondent.
Investigato Sanchez represented the County and testified:
• The t ash compactor on-site is malfunctioning causing debris to overflow onto the ground
where birds and other pests can access the trash.
• The i.sue has been on-going for 2 months with educational measures undertaken by the
Co y.
6
November 7, 2014
• On 9 19/14 he visited the site where the condition persisted and a Citation was issued.
County evidence Entered: Composite #1: 3 photos dated 9/19/14.
Mr. Delliaco 1 o testified:
• The Cte is manned by a full time maintenance staff who are more diligent on the issue.
• Per t e County recommendation, security cameras and gates have been installed.
• The -rvice vendor has inspected the compactor and reported it is functioning as
intend ed.
• A m.j or problem is tenants not complying with the necessary requirements to dispose of
trash Cncluding assigning 6—7 year old children to the task.
• They intend to begin fining tenants for improper disposal of refuse.
Inspector S.nchez reported he inspected the site on November 5, 2014 and there was no issue
with litter an' recommended a fine of$500 be issued.
Mr. Delliac I no reported they have committed over$11,000 in funds to rectify the issue.
After hearin; the testimony and reviewing the evidence the Special Magistrate found the
Respondent UILTY of the alleged violation and ordered them to pay a fine in the amount of
$200.00, Op.rational Costs of$50.00 and a $5.00 Administrative for a total amount due of
$255.00 by I ecember 7, 2014.
Total Amo t Due: $255.00
9. CASE NO: CES20140012167
OWNER: SOUTHWIND VILLAGE MHC LLC
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
5.06.02(B)(2),5.06.02(B)(6),5.06.04(F)(14),5.06.06.MULTIPLE UNPERMITTED SIGNS ON
PROPERTY.
FOLIO NO: 00293400006
VIOLATION •DDRESS: SOUTHWIND VILLAGE,NAPLES
Karleene A 'm, Property Manager represented the Respondent and requested a Continuance
in the case .. they are applying for permits and will be abating the violations.
Investigato Giguere represented the County and had no objection to the request as the violation
is not a heal h, safety and welfare issue.
The Special agistrate GRANTED the Respondent's request and continued the case until
February 7, 2015.
5. CASE NO: PU5083-CEEX20140019742
OWNER: LENNAR HOMES LLC
OFFICER: CHRIS ALCORN
VIOLATIONS CODE OF LAW&ORDINANCE 134-174, SECTION(N).
TAMPERING WITH COUNTY POTABLE WATER DISTRIBUTION SYSTEM
(CONTRACTOR HOSE CONNECTED TO CURBSTOP)
FOLIO NO: 79904071962
VIOLATION •DDRESS:9406 NAPOLI LANE,NAPLES
Craig Talla en, Area Manager for Lennar Homes and Jason Hayes of South Florida
Plumbing re a resented the Respondent.
7
November 7, 2014
Investigato Alcorn represented the County and testified on October 1, 2014 he observed an
illegal conne tion to the Collier County water system via a hose connection. Accordingly a
Citation was issued.
Mr. Tallaks•n testified the company is aware of the issue and continues to hold education and
compliance eetings. The individual who committed the violation was a new employee of the
plumbing co tractor. They are investigating the feasibility of additional educational measures to
ensure the violations are not repeated.
Investigato Alcorn reported it is a health, safety and welfare issue and the company has a
history of re.eat violations. Over the last 9 years, 10 violations have been issued and in 2013, 4
were issued ith 2 resulting in fines of$500.00. He recommended a fine in the amount of
$500.00 be i posed.
The Special Magistrate expressed concern too, $500.00 fines have been imposed in the recent
past which h:ve not seemed to deter the illegal activity.
After hearin; the testimony and reviewing the evidence, the Special Magistrate found the
Respondent UILTY of the alleged violation and ordered them to pay a fine in the amount of
$1,000.00, a $50.00 in Operational Costs and$5.00 Administrative Fee for a total amount due
of$1,055.00 by December 7, 2014.
Total Amoun Due: $1,055.00
7. CASE NO: CEROW20140002207
OWNER: MWJR LLC
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A).NO
COLLIER COUNTY PERMITS FOR CULVERT AND CULVERT IS DAMAGED.
FOLIO NO: 00729560009
VIOLATION •DDRESS: 186 PRICE STREET,NAPLES
Martin Wal.h,property owner was present.
Supervisor 'ncaid represented the County and testified:
• A pe it for replacement of a culvert was issued on March 5, 2014. The work was not
com.leted in accordance with the permit which expired on September 9, 2014.
County Evi I ence Entered: Composite Exhibit 1: 3 photos dated 2/4/14
Exhibit 2: Right of Way Permit#PRROW20140306050
Composite Exhibit 3: 2 photos dated 11/5/14
Mr. Walsh -ported:
• The compromised culvert was present when he purchased the property.
• The i to is under construction requiring many heavy truckloads of fill to be placed on the
prop-rty.
• The culvert is in place, however it is partially "squashed," but the ditches have been
clear-d.
• He i ends to apply for a new permit, and replace the culvert when the building is
com a leted in January or February of 2015.
8
November 7, 2014
Investigato Snow noted a properly designed and placed culvert should withstand truck traffic
and recomm nded Operational Costs in the amount of$115.55 be assessed, a new Right of Way
permit be ob ained and the work be completed by January 7, 2015. If the work cannot be
completed w thin the timeframe, the Respondent may request a continuance at that time.
The Special Magistrate noted we are not in the"rainy season" and there is an unlikely chance
of a major is ue given no one has testified there has been one to date.
The Special agistrate found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Ope ational Costs in the amount of$115.55 incurred in the prosecution of this case by
Decemb:r 7, 2014.
2. Abate th: violation by obtaining all required Collier County Right of Way permits,
inspectio s, and Certificate of Completion by February 7, 2015 or a fine of$200.00 per
day will e imposed until the violation is abated.
3. Notify C'de Enforcement within 24 hours of abatement of the violation and request the
Investigi tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday,Sunday or legal holiday. If the Respondent fails to abate the violation
the Cou ty 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 o the Property owner.
Total Amou t Due: $115.55
VI. NEW BUSINESS
A. Motion for Im 1 osition of Fines
6. CASE NO: CESD20130007839
OWNER: JOANNE CHRISTINE POYER EST AND IRIS M.PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A).MULTIPLE UNPERMITTED AND DILAPIDATED ACCESSORY
STRUCTURES ON PROPERTY.
FOLIO NO: 63505080009
VIOLATION .DDRESS: 3612 CROTON ROAD,NAPLES
Date of He,ring Notice by Certified Mail: 10/23/14
Date of He.ring Notice Property/Courthouse Posting: 10/20/14
Charles Ri 1 dle was present and reported the property was willed to him from his mother,
however it as not been legally awarded to him as he does have adequate finances to have the
legal work c•mpleted.
The Special agistrate determined Mr. Riddle has no standing in the case.
Investigato Kincaid presented the case noting the violation has not been abated.
Special Magistrate Order: 11/15/13 - No. 4990 Page: 2998
Continuatio I Granted: 4/4/14 -No. 5027 Page: 2361
Fine Amou 1 t: $50.00/day
9
November 7, 2014
Duration: 10/5/14— 11/7/14 (34 days)
Total Fine ' mount: $1,700.00
Unpaid Op:rational Costs: $114.10
Total to Da •: $1,814.10
Finding the otice of Hearing was properly served, the Special Magistrate GRANTED the
County's III. tion for Imposition of Fines for a total amount due of$1,814.10. Said amount to
become a lie on the property with fines continuing to accrue.
7. CASE NO: CEAU20130017701
OWNER: MARIUS SAINT-FLEUR AND OLITHA SAINT-FLEUR
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105.1. A DAMAGED
WOODEN FENCE WITH AN EXPIRED PERMIT#2004061017,WHICH EXPIRED ON
DECEMBER 5,2004.
FOLIO NO: 36307400005
VIOLATION 'DDRESS:2395 55TH STREET SW,NAPLES
Mr. Saint Fl•ur was present.
Investigator I usse represented the County and reported the violation has been abated however
Operational 4 osts in the amount of$114.88 for today's hearing have not been paid.
The Special agistrate DENIED the County's Motion for Imposition of Fines however
ordered the 'espondent to pay Operational Costs in the amount of$114.88.
Total Amo Due: $114.88
2. CASE NO: CES20140009588
OWNER: SATURINO MARTIN AND PAULA MARTIN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
5.06.02(B)(2)(B).REAL ESTATE SIGN THAT EXCEEDS THE MAXIMUM SIGN AREA OF
TWELVE SQUARE FEET.
FOLIO NO: 41930560103
VIOLATION 'DDRESS:NO SITE ADDRESS,FOLIO#41930560103,NAPLES
Mr. Martin and Ms. Martin were present.
Investigato Musse represented the County and reported the violation was abated on November
5, 2014 however Operational Costs in the amount of$113.88 for today's hearing have not been
paid.
The Special agistrate DENIED the County's Motion for Imposition of Fines however
ordered the 'espondent to pay Operational Costs in the amount of$113.88.
Total Amo Due: $113.88
IX. REPORTS
1. CASE NO: DAS15629-CEEX20140017636
OWNER: MICHAEL LOPEZ
OFFICER: K.LYNCH
VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
RUNNING AT LARGE ON A BUSINESS PARKING LOT IN THE 900 BLOCK OF
COMMERCIAL BLVD.
VIOLATION ADD!' SS: COMMERCIAL BLVD,NAPLES
10
November 7, 2014
Mr. Lopez reported he has had no incidents with his dog running at large since the last hearing.
Break: 12:20 p.m.
Reconvened: 12:46 p.m.
VI. PUBLIC HEARIN S (Continued)
B. Hearings
1. CASE NO: S0172974-CEEX20140018839
OWNER: STEPHEN ROBINSON
OFFICER: DEPUTY MCCLELLAND
VIOLATIONS CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION DDRESS:6460 COLLEGE PARK CIRCLE,NAPLES
Mr. Robinson and Deputy McClelland did not appear.
The Special agistrate DISMISSED THE CASE WITHOUT PREJUDICE.
3. CASE NO: PU5180-CEEX20140019165
OWNER: MILDRED SALTER
OFFICER: TONYA PHILLIPS
VIOLATIONS CODE OF LAW&ORDINANCE 118-104, SECTION 3(L).
YARD WASTE CURBSIDE NOT PROPERLY PREPARED ON NON-SCHEDULED
COLLECTION DAY.
FOLIO NO: 62262320003
VIOLATION DDRESS:5313 BROWARD STREET,NAPLES
Date of Noti e by Certified Mail: 10/22/14
Investigator Phillips represented the County and reported the Citation was issued on September
24, 2014.
The Respon.ent was not present.
The Special agistrate found the Respondent GUILTY and order her to pay a fine in the
amount of$,00.00, Operational Costs in the amount of$50.00 and a $5.00 Administrative Fee
for a total a ount due of$155.00 by December 7, 2014.
Total Amoun Due: $155.00
11. CASE NO: CEROW20140013256
OWNER: BANK OF AMERICA
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.06.01(D)(1). TREE BRANCHES HANGING EXTREMELY LOW IN RIGHT OF WAY AND
OVER SIDEWALK CAUSING SIGHT VISIBILITY ISSUES.
FOLIO NO: 80671120009
VIOLATION •DDRESS:204 SILVERADO DRIVE,NAPLES
Date of Hea ing Notice by Certified Mail: 10/22/14
Date of Hea ing Notice Property/Courthouse Posting: 10/20/14
Investigato Giguerre presented the case.
Evidence en ered: Composite Exhibit 1: 2 photos dated 8/7/14
Composite Exhibit 2: 2 photos dated 9/9/14
Composite Exhibit 3: 2 photos dated 9/24/14
11
November 7, 2014
The violatio remains as of 11/7/14.
Finding the otice of Hearing was properly served, the Special Magistrate found the
Respondent UILTY of the alleged violation and ordered to:
1. Pay Ope ational Costs in the amount of$115.25 incurred in the prosecution of this case by
Decemb r 7, 2014.
2. Abate th violation by removing any vegetation hanging below 8 feet above a sidewalk
and/or r adway by November 14, 2014 or a fine of$50.00 per day will be imposed until the
violation is abated.
3. Notify C,'de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday, Sunday or legal holiday. If the Respondent fails to abate the violation
the Cou ty 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 o the property owner.
Total Amo Due: $115.25
12. CASE NO: CEPM20140010065
OWNER: WILLIAM GROENEWALD EST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(N). TWO SHEDS IN REAR YARD ARE IN DISREPAIR WITH HOLES
IN THE ROOF AND MISSING/DAMAGED SOFFITS.
FOLIO NO: 38225640000
VIOLATION 'DDRESS:5930 SEA GRASS LANE,NAPLES
Date of Hea ing Notice by Certified Mail: 10/22/14
Date of Hea ing Notice Property/Courthouse Posting: 10/27/14
Investigato Santafemia presented the case.
The Respon 1 ents were not present.
Evidence E 1 tered: Composite Exhibit 1: 3 photos dated 5/22/14
The violatio remains as of 11/7/14.
Finding the otice of Hearing was properly served, the Special Magistrate found the
Respondent UILTY of the alleged violation and ordered to:
1. Pay Ope ational Costs in the amount of$115.18 incurred in the prosecution of the case by
Decemb%r 7, 2014.
2. Abate al 4 violations by obtaining any and all required Collier County Building Permit(s),
or Collie County Demolition Permit(s) and required inspections and Certificate of
Complet on and repair both accessory sheds/structures returning them to an originally
permitte i condition by December 7, 2014 or a fine of$250.00 per day will be imposed until
the viola ion has been abated.
3. Notify C,'de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
12
November 7, 2014
Saturda , Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday,Sunday or legal holiday. If the Respondent fails to abate the violation
the Cou ty 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 o the property owner.
Total Amo Due: $115.18
16. CASE NO: CEPM20140014794
OWNER: ESTELVINA DUENAS,RAMON A.HERNANDEZ,AND WILLIAM F.HERNANDEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND SECTION 22-231(12)(N). POOL IN REAR OF THE PROPERTY
IS NOT BEING PROPERLY MAINTAINED AND SECTIONS OF WOODEN FENCE ARE
LYING ON THE GROUND.
FOLIO NO: 39207600009
VIOLATION DDRESS:310 14TH STREET SE,NAPLES
Date of Hea ing Notice by Certified Mail: 10/22/14
Date of Hea ing Notice Property/Courthouse Posting: 10/20/14
Investigato Connetta presented the case.
The Respon s ents were not present.
Evidence en ered: Composite Exhibit A: 2 photos dated 7/29/14
Composite Exhibit B: 1 photo dated 9/9/14
The violatio remains as of 11/7/14.
Finding the otice of Hearing was properly served, the Special Magistrate found the
Respondent UILTYof the alleged violation and ordered to:
1. Pay the 0 perational Costs of$115.40 incurred in the prosecution of the case on or before
December 7, 2014.
2. Chemica ly treat the pool water to kill the algae and provide bi-weekly treatments to
maintai clean pool water and filtration system on or before November 14, 2014 or a fine
of$250.10 per day will be imposed for each day the violation remains thereafter or;
3. Chemica ly treat the pool water killing the algae growth and covering the pool to prevent
safety h,4 ards, insect infestations, and the intrusion of rain water on or before November
14, 2014 or a fine of $250.00 per day will be imposed for each day the violation remains
unabate,.
4. Obtain a required Collier County Building Permit(s), or Collier County Demolition
Permit(s and required inspections and Certificate of Completion/Occupancy for the repair
of the fe ce by December 7, 2014 or a fine of$250.00 per day will be imposed until the
violation has been abated.
5. Notify C de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday,Sunday or legal holiday.
6. If the Re ondent fails to abate the violation the County may abate the violation and may
use the a sistance of the Collier County Sheriffs Office to enforce the provisions of the
Order a -d all costs of abatement shall be assessed to the property owner.
13
November 7, 2014
Total Amo t Due: $115.40
17. CASE NO: CEPM20140008380
OWNER: JOSEPH C.LESTER
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(N)AND 22-231(15).PRIVATE SWIMMING POOL NOT BEING
MAINTAINED CREATING AN UNHEALTHY CONDITION,AND ACCESSORY
SCREENED STRUCTURE IN DISREPAIR.
FOLIO NO: 22683000586
VIOLATION •DDRESS:4395 KENTUCKY WAY,NAPLES
Date of Hea ing Notice by Certified Mail: 10/22/14
Date of Hea ing Notice Property/Courthouse Posting: 10/27/14
Investigato Santafemia presented the case.
The Respon 1 ent was not present.
Evidence en ered: Composite Exhibit 1: 2 photos 4/30/14
The violatio remains as of 11/6/14.
Finding the otice of Hearing was properly served, the Special Magistrate found the
Respondent UILTYof the alleged violation and ordered to:
1. Pay the 0 perational Costs of$115.40 incurred in the prosecution of the case on or before
Decemb=r 7, 2014.
2. Chemica ly treat the pool water to kill the algae and provide bi-weekly treatments to
maintai clean pool water and filtration system and repair the accessory screen structure
returnig same to originally permitted condition by November 14, 2014 or a fine of
$250.00 i er day will be imposed for each day the violation remains thereafter or;
3. Chemica ly treat the pool water killing the algae growth and covering the pool to prevent
safety h i ards, insect infestations, and the intrusion of rain water and repair the accessory
screen st ucture returnign same to originally permitted condition by November 14, 2014
or a fine of $250.00 per day will be imposed for each day the violation remains unabated.
4. Notify C de Enforcement within 24 hours of abatement of the violation and request the
Investigi tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda , Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday, Sunday or legal holiday.
5. If the R• pondent fails to abate the violation the County may abate the violation and may
use the a sistance of the Collier County Sheriffs Office to enforce the provisions of the
Order a 4 all costs of abatement shall be assessed to the property owner.
Total Amou t Due: $115.40
21. CASE NO: CENA20140017774
OWNER: NANCY JACKSON
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A).THE ACCUMULATION OF WEEDS,GRASS,OR OTHER SIMILAR
NON-PROTECTED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 66930080008
VIOLATION •DDRESS: 514 S 5TH STREET,IMMOKALEE
14
November 7, 2014
Date of Hea ing Notice by Certified Mail: 10/22/14
Date of Hea ing Notice Property/Courthouse Posting: 10/22/14
Investigato Morad presented the case.
The Respon•ent was not present.
Evidence en ered: Composite Exhibit 1: 2 photos dated 9/11/14
The violatio remains as of November 7, 2014.
Finding the otice of Hearing was properly served, the Special Magistrate found the
Respondent UILTY of the alleged violation and ordered to:
1. Pay Ope ational Costs in the amount of$115.40 incurred in the prosecution of the case by
Decemb:r 7, 2014.
2. Mowing ny and all weeds,grass, or other similar non protected overgrowth in excess of
18 inche to a height inches or less on the mowable lot including the right of way by
Novemb:r 14, 2014 or pay a fine of$50.00 per day for each day the violation remains.
3. Notify C.de Enforcement within 24 hours of abatement of the violation and request the
Investig,tor perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone a d made during the work week. If the violation is abated 24 hours prior to a
Saturda Sunday or legal holiday, then the notification must be made on the next day that
is not a 'aturday, Sunday or legal holiday. If the Respondent fails to abate the violation
the Cou ty 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 o the property owner.
Total Amo Due: $115.40
C. Emergency Cas•s:
None
VII. NEW BUSINESS
A. Motion for Imp i sition of Fines: (Continued)
1. CASE NO: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR WELDON WALKER JR
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING
A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION •DDRESS: 1203 ORCHID AVENUE,IMMOKALEE
See Item IV : - Extension of Time
3. CASE NO: CEROW20140005988
OWNER: RANDY NEWBERRY AND ANNIE NEWBERRY
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110-32,ROADS
AND BRIDGES,ARTICLE II,REMOVAL OF OFFENDING MATERIAL. A COLLAPSED
CULVERT/DRAINAGE PIPE AS REPORTED BY THE COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION.
FOLIO NO: 63100120005
VIOLATION •DDRESS:4810 AZTEC CIRCLE,NAPLES
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November 7, 2014
Date of Hea ing Notice by Certified Mail: 10/23/14
Date of Hea ing Notice Property/Courthouse Posting: 10/20/14
The Respon•ents were not present.
Supverisor now presented the case noting the violation has not been abated.
Special Mal istrate Order: 7/18/14
Fine Amou t: $100.00/day
Duration: 51 days
Total Fine • mount: $5,000.00
Unpaid Op:rational Costs: $229.28
Total to Dat : $5,229.28
Finding the otice of Hearing was properly served, the Special Magistrate GRANTED the
County's Mo tion for Imposition of Fines for a total amount due of$5,229.28. Said amount to
become a lie on the property with fines continuing to accrue.
4. CASE NO: CESD20140007858
OWNER: HUNTER RENTAL LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). CONSTRUCTED PIGEON COOPS WITHOUT FIRST OBTAINING A
VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36238320005
VIOLATION DDRESS: 5261 HUNTER BLVD,NAPLES
Date of Hea ing Notice by Certified Mail: 10/23/14
Date of Hea ing Notice Property/Courthouse Posting: 10/20/14
The Respon s ents were not present.
Investigato Musse presented the case noting the violation has not been abated.
Special Ma_istrate Order: 7/18/14
Fine Amou t: $100.00/day
Duration: 51 days
Total Fine • mount: $5,000.00
Unpaid Op:rational Costs: $113.95
Total to Da •: $5,113.95
Finding the otice of Hearing was properly served, the Special Magistrate GRANTED the
County's Mi tion for Imposition of Fines for a total amount due of$5,113.95. Said amount to
become a lie on the property with fines continuing to accrue.
VII. OLD BUSINESS
A. Motion to Ame u d Previously Issued Order:
None
B. Motion to Resc nd Previously Issued Order:
None
C. Motion to Con est Nuisance Abatement Lien:
1. CASE NO: CENA20140007157
OWNER: LIGHTHOUSE PROPERTIES LLC
OFFICER: INVESTIGATOR SHERRY PATTERSON
16
November 7, 2014
VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEED OVERGROWTH,PROHIBITED ACCUMULATION OF NON-
PROTECTED MOWABLE VEGETATION.
FOLIO NO: 71380440005
VIOLATION •DDRESS: 18000 BLUEWATER DRIVE,NAPLES
The Respon ent was not present but submitted the request for hearing via email on September
17, 2014.
Supervisor 'now requested the Motion be denied as the Respondent failed to appear.
The Special I agistrate noted though the Respondent has not appeared, a motion was submitted
in writing re•uesting the charges for debris removal and a lien fee be refunded. She disputes the
debris remov:1 as there are no trees on the property. She disputes the lien fee as she was unaware
there was an s utstanding charges due from a previous unpaid invoice after submitting payments
for July and ° ugust invoices.
Supervisor "now testified the $40 charge for debris removal was due to the weeds being over 24
inches in hei;.ht and removal of the mowed debris is required under the County's contract with
the vendor. he lien fee was due to an invoice being unpaid as can be documented by the
County.
The Special I agistrate noted:
• A he. ing was requested by the Respondent but she failed to appear.
• The 'espondent has "voluntarily chosen"to utilize the County as a landscape
main enance vendor.
• The ' espondent actually was requesting a hearing in her email,however outlined her
reaso s for contesting the charges for debris removal and a lien so today's action will be
to co sider the Respondent"Contesting a Nuisance Abatement Lien."
Supervisor now reported the property is now on the County's mandatory mow list.
After hearin, the testimony and reviewing the evidence the Special Magistrate DENIED the
Respondent' Motion to Contest Nuisance Abatement Lien.
VIII. CONSENT AGENDA
A. Request to Fo and Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
The Special Ma istrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Requ• t.
B. Request for Spacial Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Exe%utive Summary.
The Special Ma istrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Reque.t.
X. NEXT MEETING PATE: December 5, 2014, at 9:00 A.M. located at the Collier County Government
Center,3299 East amiami Trail,Building F,3rd Floor, Naples,Florida
17
November 7, 2014
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate 1 t 2:20 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
B enda Garre n, Special Magistrate
The Minutes were approves by the Special Magistrate on �1V` 3 `�' , as presented_ +i or
as amended +
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