CESM Minutes 12/05/2014 Code
Enforcement
Special Magistrate
Minutes
December 5 , 2014
December 5, 2014
MINUTES OF THE HEARING OF TH i
C I LLIER COUNTY SPECIAL MAGIST 41
1
Naples, Florida, December 5, 2014 OW'
LET IT BE REME :BRED the Collier County Special Magistrate, having conducted
business herein, me l on this date at 9:00 AM in REGULAR SESSION in Administrative
Building "F," 3rd fl e or, Collier County Government Complex, Naples, Florida, with the
following persons p esent:
PECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: erry Adams, Code Enforcement Specialist
Marlene Serrano, Operations Manager
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: December 5,2014 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—November 7,2014
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
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B. Hearings
I. CASE NO: C002183-CEEX20140019173
OWNER: JOEL FLORENCIO DOMINGUEZ-CRUZ
OFFICER: CORPORAL J. GIBSON
VIOLATIONS: CODE OF LAW&ORD., 142-30, SECTION E
NO INSURANCE ON TAXI CAB.
VIOLATION
ADDRESS: 4955 GOLDEN GATE PKWY,NAPLES
2. CASE NO: S0172160-CEEX20140021095
OWNER: CARMEN BRATU
OFFICER: DEPUTY J. STAUFFER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 1871 PINE RIDGE ROAD,NAPLES
3. CASE NO: PR053053-CEEX20140020850
OWNER: RICE & CRACKER INC.
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY COMMERCIAL STICKER
VIOLATION
ADDRESS: GOODLAND, FL
4. CASE NO: DAS16684-CEEX20140021388
OWNER: JONATHAN BADHAM
OFFICER: A. DOHERTY
VIOLATIONS: CODE OF LAW&ORDINANCE, SECTION 14-34(1)(B)
DOG RUNNING AT LARGE.
VIOLATION
ADDRESS: 46TH TERRACE SW,NAPLES
5. CASE NO: DAS16789-CEEX20140021404
OWNER: RICHARD MUNOZ
OFFICER: S. WALKER
VIOLATIONS: CODE OF LAW&ORDINANCE, SECTION 14-36(3)(C)
FAILURE TO RENEW DANGEROUS DOG REGISTRATION.
VIOLATION
ADDRESS: 4143 KATHY AVENUE,NAPLES
6. 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
2
7. CASE NO: CESD20140018438
OWNER: ARLP TRUST 4
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). POOL ENCLOSURE HAS BEEN REMOVED WITHOUT PROPER
COLLIER COUNTY PERMITS.
FOLIO NO: 37927720009
VIOLATION
ADDRESS: 4225 11TH AVENUE SW,NAPLES
8. CASE NO: CEPM20140015883
OWNER: JOSEPH J. BERES AND KIMBERLY L. BERES
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231 (19). BEE INFESTATION CREATING AN UNSAFE CONDITION.
FOLIO NO: 35641120000
VIOLATION
ADDRESS: 4148 23RD PL SW,NAPLES
9. CASE NO: CEPM20140014264
OWNER: RANDALL A. PATTERSON EST
OFFICER: INVESTIGATOR MICHAELLE CROWLEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-181 AND 54-185(A); CHAPTER 22, ARTICLE VI, SECTIONS 22-231(12)(B),
(12)(I), (12)(N), AND(19). WEEDS OVER 18 INCHES IN HEIGHT IN REAR YARD OF
RESIDENTIAL PROPERTY; LITTER INCLUDING BUT NOT LIMITED TO: PALM
FRONDS IN DRIVEWAY,OLD PHONE BOOK,CARPET REMNANT,AND
MISCELLANEOUS ITEMS LEFT ON EXTERIOR OF VACANT HOME. MOLD AND/OR
MILDEW ON EXTERIOR WALL AT REAR OF HOUSE NEAR POOL EQUIPMENT AND
ON LANAI SURFACE, MULTIPLE TORN POOL CAGE SCREENS.
FOLIO NO: 82537680005
VIOLATION
ADDRESS: 155 MENTOR DRIVE,NAPLES
10. CASE NO: CEPM20140013963
OWNER: MARJORIE LANE EST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED
CREATING AN UNHEALTHY CONDITION.
FOLIO NO: 52250009883
VIOLATION
ADDRESS: 5283 HAWKESBURY WAY,NAPLES
11. CASE NO: CEV20140017301
OWNER: STEPHEN W. SCHESSLER
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 2,ARTICLE IX,
STORAGE AND USE OF VEHICLE CONTROL ORDINANCE, CHAPTER 130, ARTICLE III,
SECTION 130-95 AND 97(3). REPEAT VIOLATION OF INOPERABLE/UNREGISTERED
VEHICLE IN DRIVEWAY/ON PROPERTY.
FOLIO NO: 70971000004
VIOLATION
ADDRESS: 1216 ROSEMARY LANE,NAPLES
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12. CASE NO: CESD20140013416
OWNER: ROBERT RIVERS JR AND LEAH MARIE RIVERS
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(A)AND THE 2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION
110.4. HORSE STABLE BUILT WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER
COUNTY BUILDING PERMITS.
FOLIO NO: 36818000004
VIOLATION
ADDRESS: 2440 GOLDEN GATE BLVD W,NAPLES
13. CASE NO: CEPM20140013513
OWNER: DEBORAH MEAD EST
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED
CREATING AN UNHEALTHY CONDITION.
FOLIO NO: 52250010982
VIOLATION
ADDRESS: 5133 INAGUA WAY,NAPLES
14. CASE NO: CENA20140009645
OWNER: ANTONIO RODRIGUEZ AND GEORGINA RODRIGUEZ
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI,
SECTION 54-179 AND 54-181,AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-
41,AS AMENDED, SECTION 1.04.01(A)AND 2.02.03. LITTER AND DEBRIS
CONSISTING OF BUT NOT LIMITED TO: DERELICT BOATS, HOUSEHOLD GARBAGE,
WOOD, METAL, AND PLASTIC THROUGHOUT THE PROPERTY. ILLEGAL OUTSIDE
STORAGE OF UNLICENSED VEHICLES, BOATS,TRAILERS,AND AUTO PARTS
THROUGHOUT THE PROPERTY.
FOLIO NO: 39269720008
VIOLATION
ADDRESS: 1461 GOLDEN GATE BLVD E,NAPLES
15. CASE NO: CESD20140009723
OWNER: ANTONIO RODRIGUEZ AND GEORGINA RODRIGUEZ
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A)AND THE 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION
110.1. A POOL AND SEVERAL SHED TYPE STRUCTURES BUILT ON THE PROPERTY
WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING
PERMITS.
FOLIO NO: 39269720008
VIOLATION
ADDRESS: 1461 GOLDEN GATE BLVD E,NAPLES
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16. CASE NO: CENA20140015144
OWNER: WILLIAM T. CABAL
OFFICER: INVESTIGATOR DAVID JONES
VIOLATIONS: COLLIER COUNTY ORDINANCE 54-179. PRESENCE OF STATIC VEGETATIVE PILES
THAT CONSTITUTE LITTER.
FOLIO NO: 38166040002
VIOLATION
ADDRESS: 5941 COPPER LEAF LANE,NAPLES
17. CASE NO: CEPM20140018287
OWNER: NATASHA WARD
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ,ARTICLE VI,
SECTION 22-231(12)(C)AND 22-231(12)(P). ROOF DAMAGE AND CEILING DAMAGE TO
THE INSIDE OF THE HOUSE.
FOLIO NO: 24980760006
VIOLATION
ADDRESS: 2057 HOLIDAY LANE,NAPLES
18. CASE NO: CEV20140019362
OWNER: ROSALINDA ALVARADO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III,
SECTION 130-95.AN UNLICENSED AND INOPERABLE VEHICLE.
FOLIO NO: 36234880002
VIOLATION
ADDRESS: 5371 17TH AVENUE SW,NAPLES
19. CASE NO: CEPM20140010700
OWNER: ROBERT J. KAPISH
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING
MAINTAINED.
FOLIO NO: 78698004385
VIOLATION
ADDRESS: 2255 GROVE DRIVE,NAPLES
20. CASE NO: CENA20140017831
OWNER: TERRY DILOZIR
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS THAT EXCEED 18 INCHES.
FOLIO NO: 36129040009
VIOLATION
ADDRESS: 4913 18TH AVENUE SW,NAPLES
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21. CASE NO: CEEX20140023174
OWNER: MIKE HORN AND ILENE HORN
OFFICER: SHANNON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG(PEANUT).
VIOLATION
ADDRESS: 823 BUTTONBUSH LANE,NAPLES
22. CASE NO: CEEX20140023175
OWNER: MIKE HORN AND ILENE HORN
OFFICER: SHANNON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE 11,
SECTION 14-36. DANGEROUS DOG(BRUTUS).
VIOLATION
ADDRESS: 823 BUTTONBUSH LANE,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20140003896
OWNER: C. GARY WILCOX AND SONJA R. WILCOX
OFFICER: INVESTIGATOR JOHN CONNETTA
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
2. CASE NO: CELU20140011151
OWNER: RAY P. PARASCANDO AND KERRY A. PARASCANDO
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
1.04.01(A)AND 2.02.03. PEOPLE LIVING IN RECREATIONAL VEHICLES AND
ALLOWING FOR THE HOOK UP OF ELECTRIC TO THE CAMPERS AS A POWER
SOURCE TO LIVE.
FOLIO NO: 739680005
VIOLATION
ADDRESS: 2755 CECIL ROAD,NAPLES
6
3. CASE NO: CESD20140012586
OWNER: RAY P. PARASCANDO AND KERRY A. PARASCANDO
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(A). A NON-PERMITTED WOOD FRAMED ADDITION TO THE CAMPER IN
THE REAR OF THE PROPERTY.
FOLIO NO: 739680005
VIOLATION
ADDRESS: 2755 CECIL ROAD,NAPLES
4. CASE NO: CEPM20140008850
OWNER: JOHN V. MELICK JR TR
OFFICER: INVESTIGATOR JOHN CONNETTA
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
5. CASE NO: CEPM20140005429
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). ALUMINUM PANEL FROM THE CARPORT ROOF BROKEN
OFF AND BLOWING ALL OVER THE YARD.
FOLIO NO: 70221600002
VIOLATION
ADDRESS: 612 CHARLEMAGNE BLVD,NAPLES
6. CASE NO: CENA20140013503
OWNER: WAYNE RAY FINZER
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: 81731280008
VIOLATION
ADDRESS: 2675 STORTER AVENUE,NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
7
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: January 16, 2015, 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
December 5, 2014
Any person who decid:s to appeal a decision of the Special Magistrate will need a record of the
proceedings pertainin; thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, hich record includes the testimony and evidence upon which the appeal is to
be based. Neither Coll •r County nor the Special Magistrate shall be responsible for providing this
record.
I. CALL TO ORDE ' —Special Magistrate Brenda Garretson presiding
The Honorable Sp:cial Magistrate Brenda Garretson called the Hearing to order at 9:07 A.M.
All those testifying at the proceeding did so under oath.
A. Hearing rules ,nd regulations
Special Magist '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 O facers for a Resolution by Stipulation. The goal is to obtain compliance
without being p nitive.
Recessed: 9:18 a.m.
Reconvened: 9:42 a.m.
II. APPROVAL 1 F AGENDA
Kerry Adams, ode Enforcement Specialist,noted the following changes (listed below as
Agenda item n bers):
Under item V. —Hearings, the following cases were moved to V.A—Stipulations:
• #12 - C SE NO: CESD20140013416 - ROBERT RIVERS JR AND LEAH MARIE
RIVER'
Under item V. : —Hearings, the following cases were withdrawn:
• #2 - CA.E NO: SO172160-CEEX20140021095 - CARMEN BRATU
• #3 - CA.E NO: PR053053-CEEX20140020850 - RICE & CRACKER INC.
• #6 - CA.E NO: CEPM20140008734 -NADINE MARIE DODEMAN
• #16 - C SE NO: CENA20140015144 - WILLIAM T. CABAL
• #18. - C SE NO: CEV20140019362 - ROSALINDA ALVARADO
• #19 - C SE NO: CEPM20140010700 - ROBERT J. KAPISH
The Special M,gistrate approved the Agenda as modified.
III. APPROVAL 1 F MINUTES—November 7,2014
The minutes o the November 7, 2014 Special Magistrate Hearing were reviewed by the
Special Magist 'to and approved as submitted.
IV. MOTIONS
A. Motion for Continuance
None
B. Motion for I xtension of Time
None
V. PUBLIC HEA' NGS
2
December 5, 2014
A. Stipulation.
1. CASE NI: CESD20140013416
OWNER: ROBERT RIVERS JR AND LEAH MARIE RIVERS
OFFICE': INVESTIGATOR RALPH BOSA
VIOLAT IONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A)AND THE 2007 FLORIDA BUILDING CODE,
CHAPTER 1, SECTION 110.4.HORSE STABLE BUILT WITHOUT FIRST
OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS.
FOLIO N•: 36818000004
VIOLAT ION ADDRESS:2440 GOLDEN GATE BLVD W,NAPLES
Investi!ator Bosa requested the hearing.
The Stip lation was entered into by the Robert Rivers on December 5, 2014.
The Spe ial Magistrate found the Respondent GUILTY of the alleged violation and
ordered o:
1. Pay I perational Costs in the amount of$115.25 incurred in the prosecution of the
case by January 5, 2015.
2. Aba e all violations by obtaining all required Collier County Building Permit(s), or
Coll er County Demolition Permit(s) and required inspections and Certificate of
Co i letion/Occupancy by June 5, 2015 or a fine of$250.00 per day will be
imps sed until the violation is abated.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad, on the next day that is not a Saturday, Sunday or legal holiday.
4. If th• Respondent fails to abate the violation the County may abate the violation
usin: any method to bring the violation into compliance and may use the assistance
of t ,e Collier County Sheriffs Office to enforce the provisions of this agreement
and 'll costs of abatement shall be assessed to the property owner.
Total A ount Due: $115.25
B. Hearings
1. CASE NO: C002183-CEEX20140019173
OWNER: JOEL FLORENCIO DOMINGUEZ-CRUZ
OFFICE': CORPORAL J.GIBSON
VIOLAT IONS: CODE OF LAW&ORD., 142-30, SECTION E
NO INSURANCE ON TAXI CAB.
VIOLAT ION ADDRESS:4955 GOLDEN GATE PKWY,NAPLES
Corpor;1 Gibson was present.
Joel Do inguez (driver) and Linda Rosenberg(owner of taxi company) were
present.
Ms. Ro‘enberg testified the car was insured, however the driver left the paperwork in the
office w en he started his shift. Mr. Dominguez returned to the office and retrieved the
paperwork and continued his shift. When he encountered the officer later in the day, he
displayer the paperwork for his review. She requested the Citation be dismissed or the
amount s f penalty be reduced.
3
December 5, 2014
Corpor 1 Gibson testified when he stopped Mr. Dominguez on September 21, 2014 he
was una.le to provide a valid proof of insurance, however later in the day he verified the
vehicle , as properly insured.
After h''ring the tesimony and reviewing the evidence, the Special Magistrate upheld
issuanc: of the Citation and ordered the Respondent to pay a Operational Costs of
$50.00 m nd a $5.00 Adminstrative Fee for a total amount due of$55.00.
Total ount Due: $55.00
4. CASE NO: DAS16684-CEEX20140021388
OWNER: JONATHAN BADHAM
OFFICE': A. DOHERTY
VIOLAT IONS: CODE OF LAW&ORDINANCE, SECTION 14-34(1)(B)
DOG RUNNING AT LARGE.
VIOLAT ION ADDRESS:46TH TERRACE SW,NAPLES
Supervi.or Kyra Lynch represented the County and testified the incident occurred on
October 5, 2014. It is the Respondent's 4th offense for allowing the dog to run at large.
The Ord.nance requires an appearance before the Special Magistrate where fine amounts
between $350 - $500 are recommended to be imposed.
Jonath.n Badham was present and testified he was outside with the unleashed dog
when it an off. He has equipped the dog with a shock collar system to prevent the dog
from ex'ting the property. On previous occasions his children let the dog out to go to the
bathroo off leash when the dog ran at large. He has taken the necessary measures to
secure t e dog.
Supervi.or Lynch reported although this is the 4th offense where citations have been
issued, t is is the 9th overall offense since 2011 with the dog being impounded a number
of times
After h wring the testimony and reviewing the evidence the Special Magistrate
UPHE D the citation and ordered the Respondent to pay a $500.00 fine, Operational
Costs i the amount of$50.00 and a $5.00 Administrative Fee for a total amount due
of$555 00 by March 15, 2015.
Total A ount Due: $555.00
5. CASE NO: DAS16789-CEEX20140021404
OWNER: RICHARD MUNOZ
OFFICE': S. WALKER
VIOLAT IONS: CODE OF LAW&ORDINANCE, SECTION 14-36(3)(C)
FAILURE TO RENEW DANGEROUS DOG REGISTRATION.
VIOLAT ION ADDRESS:4143 KATHY AVENUE,NAPLES
Supervi.or Lynch and Officer Nancy Rygel represented the County
Magda unoz was present and represented Mr. Munoz.
Officer 'ygel testified a citation was issued on October 11, 2014 for failure to register a
Dangersus Dog.
4
December 5, 2014
Supervi.or Lynch reported
The annual registration was required to be paid on March 28, 2014.
The Respondent was notified in advance of and following the due date of the
requirements to register the dog and notified him of a$10 per day fine and
possible impoundment of the dog after 30 days should the registration not be
completed.
On April 26, 2014, Mr. Munoz reported he was in the process of registering
the dog; however no action was subsequently taken.
On July 29, 2014 she met with Mr. Munoz who was notified fines to date
were $1,520, however she agreed to reduce the fines to $300 should the dog
be registered by September 29, 2014. Subsequent to the meeting no action
was taken by the Respondent.
During 2014, fines were also assessed for failure to vaccinate the dog but were
waived after the requirement was satisfied by the Respondent.
All other requirements under the Ordinance have now been met by the
Respondent with the exception of the registration.
Ms. Mu 1 oz reported the registration fee has not been paid due to financial hardship.
She atte pted to establish a payment plan, however this option is not permitted by the
County. She requested additional time to comply with the Ordinance.
After h' ,ring the testimony and reviewing the evidence, the Special Magistrate
UPHE I issuance of the Citation and ordered the Respondent to pay the required
2014 R':istration Fee of$300.00, $50.00 in Operational Costs and a $5.00
Admini'trative Fee for a total amount due of$355.00 by June 5, 2015. A fine of
$250.00 is hereby waived today, but in the event the above costs are not paid by June 5,
2015, th'fine of$250.00 will be imposed on the Respondent. The registration date for
the dog ,hall be amended to June 5th annually.
Total ' ount Due: $355.00
21. CASE N I: CEEX20140023174
OWNER: MIKE HORN AND ILENE HORN
OFFICE': SHANNON WALKER
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,
ARTICLE II, SECTION 14-36. DANGEROUS DOG(PEANUT).
VIOLAT ION ADDRESS:823 BUTTONBUSH LANE,NAPLES
Case N.. 21 and Case No. 22 were combined.
22. CASE N I: CEEX20140023175
OWNER: MIKE HORN AND ILENE HORN
OFFICE': SHANNON WALKER
VIOLAT'INS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,
ARTICLE II, SECTION 14-36. DANGEROUS DOG(BRUTUS).
VIOLAT I•N ADDRESS: 823 BUTTONBUSH LANE,NAPLES
Assista•t County Attorney Kevin Noell,presented the case.
Mary alsh, witness for the County was present.
County vidence Entered: Composite A: Packet of documents relative to the case.
Mike a d Ilene Horn were present:
5
December 5, 2014
Ms. Wa sh testified:
• 0 n October 14, 2014 she visited the Horn's place of business with her Shih Tzu
en a leash, an activity she has undertaken numerous times before.
• 4 s she opened the door to the premise and the Shih Tzu began to enter, the
orn's 2 dogs attacked her dog.
• I the doorway, as she tried to intervene and pick up her dog, both dogs bit her on
t e forearms without releasing immediately.
• 4 s she dropped her dog, the dogs continued to attack.
• 'he sustained serious injuries from the attack including torn flesh and bleeding.
• 'he made no aggressive movement towards the dogs as she attempted to enter the
e remise.
• he Shih Tzu sustained injures as well and was treated by a veterinarian.
Mike a d Ilene Horn testified:
• s. Walsh, a client, has previously visited the office with her dog. Another dog
(ether than the 2 in question) that's friendly with her dog is typically present.
• he 2 dogs in question are not usually on the premise and unfamiliar with the
oundings.
• 4 lthough the reception area is near the door, no employee was present in the area
.s they were completing tasks in other rooms of the office.
• ' hen Ms. Walsh's dog entered,the dogs, unfamiliar with the environment,
i mediately went into "protection mode."
• 'ollowing the incident they transported Ms. Walsh to a doctor's office where she
r-ceived care and assumed responsibility for any charges associated with the visit.
• he dogs are "people friendly" dogs and have never attacked a human being.
• s. Walsh's injuries occurred as a result of her intervening in a dog fight, not a
e irect attack by the dogs.
• hey have favorable testimonials from individuals on the dog's behavior.
Respon 1 ent Evidence Entered: Exhibit 1: Affidavit dated November 13, 2014.
Exhibit 2: Photo of the dogs.
Exhibit 3: Photo of the dogs.
Mr. No:11 stated:
• 4 ccording to Section 14.36, a Dangerous Dog means "any dog that according to
t e records of the appropriate authority has aggressively bitten, attacked, or
:ndangered or has inflicted severe injury on a human being on public or private
e roperty."
• he dogs are 2 years old and this is the second incident; previously at a dog park
t e dogs had attacked and bit another dog and human being.
• he dogs aggressively bit Ms. Walsh during their unprovoked attack and the
1 ounty's determination that the Horn's dogs, Peanut and Brutus are Dangerous
Dogs, should be upheld.
Mr. Ho n testified the previous incident was the result of 2 dogs play-fighting when the
other o er tried to intervene in the altercation and was bitten.
6
December 5, 2014
After h• 'ring the testimony and reviewing the evidence, the Special Magistrate
DENIE I the Respondents appeal of the County's determination that their dogs Peanut
and Br ,tus be declared "Dangerous Dogs."
VI. NEW BUSINE.S
A. Motion fo Imposition of Fines:
2. CASE NO: CELU20140011151
OWNER: RAY P.PARASCANDO AND KERRY A.PARASCANDO
OFFICE': INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 1.04.01(A)AND 2.02.03. PEOPLE LIVING IN RECREATIONAL
VEHICLES AND ALLOWING FOR THE HOOK UP OF ELECTRIC TO THE
CAMPERS AS A POWER SOURCE TO LIVE.
FOLIO N•: 739680005
VIOLATION ADDRESS:2755 CECIL ROAD,NAPLES
This Ca e was combined with Case #3.
3. CASE NO: CESD20140012586
OWNER: RAY P.PARASCANDO AND KERRY A.PARASCANDO
OFFICE': INVESTIGATOR CHRISTOPHER AMBACH
VIOLAT •NS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A).A NON-PERMITTED WOOD FRAMED ADDITION TO
THE CAMPER IN THE REAR OF THE PROPERTY.
FOLIO NI: 739680005
VIOLAT ION ADDRESS:2755 CECIL ROAD,NAPLES
Investi uator Ambach represented the County.
Ray an' Kerry Parascando were present and reported they are in the process of abating
the viol.tion. There was a delay because the tenant had to be evicted from the property.
They re'uested a Continuance in the case.
Investigator Ambach had no objection to the request.
The Spe,ial Magistrate CONTINUED the case until February 5, 2015 and stated the
fines wi I not continue to accrue if the violation is abated.
IX. REPORTS (Th's item was heard after item VI.A.2/3)
1. CASE NO: I AS15629-CEEX20140017636
OWNER: ICHAEL LOPEZ
OFFICER: ' . LYNCH
VIOLATION'.: 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 DDRESS: COMMERCIAL BLVD,NAPLES
Mr. Lopez eported there have been no incidents of the dog running at large.
The Specia Magistrate notified Mr. Lopez his next report will be due at the February 2015
Meeting.
Break: 11:39 a.m.
Reconvene: 11:50 a.m.
7
7
December 5, 2014
VI. PUBLIC HEA NGS (continued)
A. Hearings
7. CASE NI: CESD20140018438
OWNER: ARLP TRUST 4
OFFICE': INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A). POOL ENCLOSURE HAS BEEN REMOVED
WITHOUT PROPER COLLIER COUNTY PERMITS.
FOLIO NO: 37927720009
VIOLAT ION ADDRESS:4225 11TH AVENUE SW,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/18/14
Supervi.or Mucha presented the case.
The Re•pondents were not present.
Eviden,e Entered: Exhibit A: 1 photo dated 9/15/14
Exhibit B: Aerial photos of property
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.25 incurred in the prosecution of the
case by January 5, 2015.
2. Aba e the violation by obtaining all required Collier County Building Permit(s) and
req Fred inspections and Certificate of Occupancy/Completion by January 5, 2015
or a me of$100.00 per day will be imposed until the violation has been abated.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad' on the next day that is not a Saturday, Sunday or legal holiday. If the
Res I ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the 0 rder and all costs of abatement shall be assessed to the property owner.
Total • ount Due: $115.25
8. CASE N•: CEPM20140015883
OWNER: JOSEPH J.BERES AND KIMBERLY L. BERES
OFFICE': INVESTIGATOR JOHN SANTAFEMIA
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 (19). BEE INFESTATION CREATING AN UNSAFE
CONDITION.
FOLIO N•: 35641120000
VIOLAT 19N ADDRESS:4148 23RD PL SW,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/18/14
Investi lator Santafemia presented the case and testifed he could not obtain a photo
because of safety concerns, but can confirm a violation exists.
8
December 5, 2014
The Respondents were not present.
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon%ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.18 incurred in the prosecution of the
case by January 5, 2015.
2. Aba e all violations by hiring a licensed pest control exterminator or bee keeper to
rem ve or exterminate the infestation by December 12, 2014 or a fine of$250.00
per i ay will be imposed for each day the violation continues.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday,Sunday or legal holiday, then the notification must be
mad' on the next day that is not a Saturday, Sunday or legal holiday. If the
Res ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the 0 rder and all costs of abatement shall be assessed to the property owner.
Total A ount Due: $115.18
9. CASE NI: CEPM20140014264
OWNER: RANDALL A. PATTERSON EST
OFFICE': INVESTIGATOR MICHAELLE CROWLEY
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ARTICLE VI, SECTION 54-181 AND 54-185(A);CHAPTER 22,ARTICLE VI,
SECTIONS 22-231(12)(B),(12)(I),(12)(N),AND(19). WEEDS OVER 18 INCHES IN
HEIGHT IN REAR YARD OF RESIDENTIAL PROPERTY;LITTER INCLUDING
BUT NOT LIMITED TO:PALM FRONDS IN DRIVEWAY,OLD PHONE BOOK,
CARPET REMNANT,AND MISCELLANEOUS ITEMS LEFT ON EXTERIOR OF
VACANT HOME.MOLD AND/OR MILDEW ON EXTERIOR WALL AT REAR OF
HOUSE NEAR POOL EQUIPMENT AND ON LANAI SURFACE, MULTIPLE TORN
POOL CAGE SCREENS.
FOLIO N I: 82537680005
VIOLAT ION ADDRESS: 155 MENTOR DRIVE,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/14/14
Investivator Crowley presented the case.
The Respondent was not present.
Eviden,e entered: Composite Exhibit A: 7 photos taken in August, 2014.
The viol.tion remains as of December 3, 2014.
Findin the Notice of Hearing was properly served, the Special Magistrate found the
Respon,ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.33 incurred in the prosecution of the
case by January 5, 2015.
2. Mo 'ng all weeds,grass, or other similar non protected overgrowth in excess of 18
inch's to a height of no more than 6 inches by December 12, 2014 or pay a fine of
$50.10 per day for each day the violation remains.
9
December 5, 2014
3. Rem ye all litter from the exterior of the property and/or storing all wanted items in
a co pletely enclosed structure by December 12, 2014 or pay a fine of$50.00 per
day or each day the violation remains.
4. Re ove mold and/or mildew from exterior wall of house and lanai surface by
Jan ary 5, 2015 or a fine of$100.00 per day will be imposed for each day the
viol,tion remains unabated.
5. Rep it or replace torn pool cage screens by January 5, 2015 or a fine of$100.00
per 'ay shall be imposed for each day the violation remains.
6 Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday,Sunday or legal holiday, then the notification must be
mad' 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 he assistance of the Collier County Sheriffs Office to enforce the provisions of
the a rder and all costs of abatement shall be assessed to the property owner.
Total A ount Due: $115.33
10. CASE NI: CEPM20140013963
OWNER: MARJORIE LANE EST
OFFICE': INVESTIGATOR JOHN SANTAFEMIA
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(15).PRIVATE SWIMMING POOL NOT BEING
MAINTAINED CREATING AN UNHEALTHY CONDITION.
FOLIO N•: 52250009883
VIOLAT ION ADDRESS: 5283 HAWKESBURY WAY,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/17/14
Supervi.or Santafemia presented the case.
The Re'pondent was not present. The Respondent's personal representative is
William M. Pearson and Registered Agent is Attorney Howard L. Crown.
Eviden%e entered: Exhibit A: 1 photo dated 10/19/14
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon%ent GUILTYof the alleged violation and ordered to:
1. Pay he Operational Costs of$115.10 incurred in the prosecution of the case on or
befo e January 5, 2015.
2. Che ically treat the pool water to kill the algae and provide bi-weekly treatments to
mai tain clean pool water and filtration system on or before December 12, 2014 or
a fi ,e of$250.00 per day will be imposed for each day the violation remains
ther after or;
3. Che ically treat the pool water killing the algae growth and covering the pool to
prey-nt safety hazards, insect infestations, and the intrusion of rain water on or
befo e December 12, 2014 or a fine of $250.00 per day will be imposed for each
day ntil the violation is abated.
10
December 5, 2014
4. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday,Sunday or legal holiday, then the notification must be
mad' on the next day that is not a Saturday, Sunday or legal holiday.
5. If th• Respondent fails to abate the violation the County may abate the violation
and ay 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
own•r.
Total • ount Due: $115.10
11. CASE NO: CEV20140017301
OWNER: STEPHEN W. SCHESSLER
OFFICE': INVESTIGATOR DEE PULSE
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE
IX, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE,CHAPTER 130,
ARTICLE III, SECTION 130-95 AND 97(3). REPEAT VIOLATION OF
INOPERABLE/UNREGISTERED VEHICLE IN DRIVEWAY/ON PROPERTY.
FOLIO N I: 70971000004
VIOLAT ION ADDRESS: 1216 ROSEMARY LANE,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/20/14
Investigator Pulse presented the case.
Eviden%e entered: Composite Exhibit#1: 2 photos dated 8/28/14
Composite Exhibit#2: 2 photos dated 8/19/14
Exhibit#3: 1 photo dated 8/27/14
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon lent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.40 incurred in the prosecution of the
case by January 5, 2015.
2. Pay i Civil Penalty of$150.00 for a repeat violation by January 5, 2015.
3. Aba.e all violations by obtaining and affixing a current valid license plate to each
vehi le not stored within the confines of a completely enclosed structure, or store
said vehicles within a completely enclosed structure or repair defects so the
vehi le(s) is immediately operable or remove offending vehicles from residentially
zon• ' area by December 12, 2014 or a fine of$50.00 per day will be imposed until
the iolation has been abated..
4. Noti'I Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad• on the next day that is not a Saturday, Sunday or legal holiday. If the
Res ondent fails to abate the violation the County may abate the violation and may
use he 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.
11
December 5, 2014
Total • ount Due: $115.40
13. CASE NO: CEPM20140013513
OWNER: DEBORAH MEAD EST
OFFICE : INVESTIGATOR JOHN SANTAFEMIA
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(15).PRIVATE SWIMMING POOL NOT BEING
MAINTAINED CREATING AN UNHEALTHY CONDITION.
FOLIO N 0: 52250010982
VIOLAT I0N ADDRESS: 5133 INAGUA WAY,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/1714
Supervi.or Santefemia presented the case.
The Respondent was not present. The Respondent's Personal Representative is
Alexan.l is Mead and Registerd Agent is Maureen Aughton.
Eviden ke entered: Exhibit 1: 1 photo dated 10/17/14
The viol.tion remains as of December 5, 2014.
Findin the Notice of Hearing was properly served, the Special Magistrate found the
Respon,ent GUILTYof the alleged violation and ordered to:
1. Pay he Operational Costs of$115.10 incurred in the prosecution of the case on or
befo e January 5, 2015.
2. Che ically treat the pool water to kill the algae and provide bi-weekly treatments to
mai tain clean pool water and filtration system on or before December 12, 2014 or
a fi -e of$250.00 per day will be imposed for each day the violation remains
ther after or;
3. Che ically treat the pool water killing the algae growth and covering the pool to
prey•nt safety hazards, insect infestations, and the intrusion of rain water on or
befo e December 12, 2014 or a fine of $250.00 per day will be imposed for each
day ntil the violation is abated.
4. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad, on the next day that is not a Saturday, Sunday or legal holiday.
5. If th• Respondent fails to abate the violation the County may abate the violation
and ay use the assistance of the Collier County Sheriffs Office to enforce the
prov'sions of the Order and all costs of abatement shall be assessed to the property
own'r.
Total • ount Due: $115.10
14. CASE NI: CENA20140009645
OWNER: ANTONIO RODRIGUEZ AND GEORGINA RODRIGUEZ
OFFICE': INVESTIGATOR CHRISTOPHER AMBACH
VIOLAT IINS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ARTICLE VI, SECTION 54-179 AND 54-181,AND COLLIER COUNTY LAND
12
December 5, 2014
DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A)AND 2.02.03.
LITTER AND DEBRIS CONSISTING OF BUT NOT LIMITED TO:DERELICT
BOATS,HOUSEHOLD GARBAGE,WOOD,METAL,AND PLASTIC
THROUGHOUT THE PROPERTY. ILLEGAL OUTSIDE STORAGE OF
UNLICENSED VEHICLES,BOATS,TRAILERS AND AUTO PARTS
THROUGHOUT THE PROPERTY.
FOLIO N•: 39269720008
VIOLAT ION ADDRESS: 1461 GOLDEN GATE BLVD E,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/20/14
Investi iator Ambach presented the case.
The Re•pondent was not present.
Eviden,e entered: Composite Exhibit 1: 4 photos dated 4/23/14
Exhibit 2: 1 photo dated 4/23/14
Exhibit 3: 1 photo dated 4/23/14
Exhibit 4: 1 photo dated 4/23/14
Exhibit 5: 1 photo dated 4/23/14
Exhibit 6: 1 photo dated 4/23/14
Exhibit 7: 1 photo dated 4/23/14
Exhibit 8: 1 photo dated 4/23/14
Exhibit 9: 1 photo dated 4/23/14
Exhibit 10: 1 photo dated 4/23/14
Exhibit 11: 1 photo dated 4/23/14
Exhbit 12: 1 photo dated 11/4/14
The viol.tion remains as of December 5, 2014.
Findin the Notice of Hearing was properly served, the Special Magistrate found the
Respon%ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.40 incurred in the prosecution of this
case by January 5, 2015
2. Aba e the violation by removing all unauthorized accumulation of litter from the
pro• •rty to a site intended for final disposal, and store vehicles/equipment in a
com•letely enclosed structure or remove them for the property and obtain the
sery ces of a licensed hazardous waste removal company to remove all hazardous
was • to a site intended for such disposal by December 12, 2014 or a fine of$500.00
per •ay will be imposed until the violation is abated.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad• on the next day that is not a Saturday, Sunday or legal holiday. If the
Res•ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the I rder and all costs of abatement shall be assessed to the property owner.
Total ount Due: $115.40
13
December 5, 2014
15. CASE NI: CESD20140009723
OWNER: ANTONIO RODRIGUEZ AND GEORGINA RODRIGUEZ
OFFICE•: INVESTIGATOR CHRISTOPHER AMBACH
VIOLAT IONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A)AND THE 2010 FLORIDA BUILDING CODE,
CHAPTER 1,SECTION 110.1. A POOL AND SEVERAL SHED TYPE
STRUCTURES BUILT ON THE PROPERTY WITHOUT FIRST OBTAINING ALL
REQUIRED COLLIER COUNTY BUILDING PERMITS.
FOLIO N•: 39269720008
VIOLATION ADDRESS: 1461 GOLDEN GATE BLVD E,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of l earing Notice Property/Courthouse Posting: 11/20/14
Investi l4ator Ambach presented the case.
The Respondents were not present.
Eviden%e Entered: Composite Exhibit 1: 6 photos dated 9/12/14
Exhibit 2: 1 photo date 9/12/14
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon l ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.33 incurred in the prosecution of the
case by January 5, 2015.
2. Aba e all violations by obtaining all required Collier County Building Permit(s), or
Coll er County Demolition Permit(s) and required inspections and Certificate of
Occ,pancy/Completion by January 5, 2015 or a fine of$250.00 per day will be
imp•sed until the violation has been abated.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday,Sunday or legal holiday, then the notification must be
mad' on the next day that is not a Saturday, Sunday or legal holiday. If the
Res•ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the I rder and all costs of abatement shall be assessed to the property owner.
Total ount Due: $115.33
17. CASE NO: CEPM20140018287
OWNER: NATASHA WARD
OFFICE': INVESTIGATOR JOHN CONNETTA
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(C)AND 22-231(12)(P). ROOF DAMAGE AND
CEILING DAMAGE TO THE INSIDE OF THE HOUSE.
FOLIO N•: 24980760006
VIOLATIIN ADDRESS:2057 HOLIDAY LANE,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/20/14
Investi Lator Connetta presented the case.
The Re'pondents were not present.
14
December 5, 2014
Eviden e Entered: Composite Exhibit A: 2 photos dated 9/12/14
1
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon%ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.55 incurred in the prosecution of the
case by January 5, 2015.
2. Aba e all violations by obtaining all required Collier County Building Permit(s), or
Coll er County Demolition Permit(s) and required inspections and Certificate of
Occ,pancy/Completion by January 5, 2015 or a fine of$100.00 per day will be
imp•sed until the violation has been abated.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday, Sunday or legal holiday, then the notification must be
mad, on the next day that is not a Saturday, Sunday or legal holiday. If the
Res i ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the I rder and all costs of abatement shall be assessed to the property owner.
Total A ount Due: $115.55
20. CASE NO: CENA20140017831
OWNER: TERRY DILOZIR
OFFICE': INVESTIGATOR JONATHAN MUSSE
VIOLAT IONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ARTICLE VI, SECTION 54-185(A). WEEDS THAT EXCEED 18 INCHES.
FOLIO N I: 36129040009
VIOLAT ION ADDRESS:4913 18TH AVENUE SW,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/20/14
Investivator Musse presented the case.
The Re'pondent was not present.
Eviden ke entered: Composite Exhibit A: 2 photos dated 12/14/14
The viol.tion remains as of December 5, 2014.
Findin: the Notice of Hearing was properly served, the Special Magistrate found the
Respon 1 ent GUILTY of the alleged violation and ordered to:
1. Pay I perational Costs in the amount of$115.18 incurred in the prosecution of the
case by January 5, 2015.
2. Mo ing all weeds,grass, or other similar non protected overgrowth in excess of 18
inch's to a height of no more than 6 inches by December 12, 2014 or pay a fine of
$101.00 per day for each day the violation remains.
3. Noti y Code Enforcement within 24 hours of abatement of the violation and request
the nvestigator perform a site inspection to confirm compliance 24 hours. Notice
shal be by phone and made during the work week. If the violation is abated 24
hou s prior to a Saturday,Sunday or legal holiday, then the notification must be
mad, on the next day that is not a Saturday, Sunday or legal holiday. If the
15
December 5, 2014
Res ondent fails to abate the violation the County may abate the violation and may
use he assistance of the Collier County Sheriffs Office to enforce the provisions of
the rder and all costs of abatement shall be assessed to the property owner.
Total • ount Due: $115.18
C. Emerge 1 cy Cases:
None
VII. NEW BUSINE.S
A. Motion for I mposition of Fines: (continued)
1. CASE NI: CEPM20140003896
OWNER: C.GARY WILCOX AND SONJA R.WILCOX
OFFICE': INVESTIGATOR JOHN CONNETTA
VIOLAT IONS: 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
VIOLAT ION ADDRESS:2118 44TH TERRACE SW,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/17/14
The Respondents were not present.
Supervi.or Santafemia presented the case noting the violation has not been abated.
Special agistrate Order: 10/3/14
Fine A I1 ount: $100.00/day
Duratio 1 : 49 days
Total F ne Amount: $4,900.00
Unpaid Operational Costs: $229.98
Total to Date: $5,129.98
Findin: the Notice of Hearing was properly served, the Special Magistrate GRANTED
the Cou ty's Motion for Imposition of Fines for a total amount due of$5,129.98. Said
amount to become a lien on the property with fines continuing to accrue.
4. CASE NI: CEPM20140008850
OWNER: JOHN V.MELICK JR TR
OFFICE': INVESTIGATOR JOHN CONNETTA
VIOLAT IONS: 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 N•: 63960222004
VIOLAT ION ADDRESS: 5130 ALPHA COURT,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/17/14
The Respondents were not present.
Supervi.or Santafemia presented the case noting the violation has not been abated.
Fine A 1 ount: $100.00/day
Duratio 1 : 32 days
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December 5, 2014
Total F ne Amount: $3,200.00
Unpaid Operational Costs: $230.13
Total to Date: $3,430.13
Findin the Notice of Hearing was properly served, the Special Magistrate GRANTED
the Cou ty's Motion for Imposition of Fines for a total amount due of$3,430.13. Said
amount to become a lien on the property with fines continuing to accrue.
5. CASE NO: CEPM20140005429
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICE': INVESTIGATOR CHRISTOPHER AMBACH
VIOLAT PINS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI,
SECTION 22-231(12)(N). ALUMINUM PANEL FROM THE CARPORT ROOF
BROKEN OFF AND BLOWING ALL OVER THE YARD.
FOLIO N•: 70221600002
VIOLAT I ADDRESS:612 CHARLEMAGNE BLVD,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/20/14
The Re•pondents were not present.
Supervi.or Mucha presented the case noting the violation has not been abated.
Special agistrate Order: 7/18/14
Fine Alq ount: $100.00/day
Duratio i : 109 days
Total F ne Amount: $10,900.00
Unpaid Operational Costs: $230.13
Total to Date: $11,130.13
Findin; the Notice of Hearing was properly served, the Special Magistrate GRANTED
the Cou ty's Motion for Imposition of Fines for a total amount due of$11,130.13.
Said am i unt to become a lien on the property with fines continuing to accrue.
6. CASE NI: CENA20140013503
OWNER: WAYNE RAY FINZER
OFFICE': INVESTIGATOR ERIC SHORT
VIOLAT I•NS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ARTICLE VI, SECTION 54-185(A). WEEDS OVER 18 INCHES ON RESIDENTIAL
PROPERTY.
FOLIO N 0: 81731280008
VIOLAT IIN 1,506.28ADDRESS: 2675 STORTER AVENUE,NAPLES
Date of I earing Notice by Certified Mail: 11/20/14
Date of I earing Notice Property/Courthouse Posting: 11/18/14
The Re'pondents were not present.
Supervi.or Bosa presented the case noting the violation has been abated by the County.
Special agistrate Order: 9/5/14
Fine A ount: $50.00/day
Duratio i : 24 days
Total F ne Amount: $1,200.00
Unpaid Abatement Costs: $76.00
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December 5, 2014
Unpaid Operational Costs: $230.28
Total to Date: $1,506.28
Finding]the Notice of Hearing was properly served, the Special Magistrate GRANTED
the Couity's Motion for Imposition of Fines for a total amount due of$1,506.28. Said
amount to become a lien on the property.
VII. OLD BUSINE S
A. Motion to mend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None j
1
VIII. CONSENT A ENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive ummary.
None
B. Request fo Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in Submitt d Executive Summary.
None
X. NEXT MEET NG DATE: January 16, 2015, at 9:00 A.M. at the Collier County Government
Center,3299 T miami Trail East, Building F, 3rd Floor, Naples, Florida
There being no urther business for the good of the County, the Hearing was adjourned by
Order of the Sp cial Magistrate at 1:40 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
•1A
renda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on . 1(6 , O 15 , as presented
V, or as amended .
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