Loading...
CESM Minutes 01/16/2015 January 16, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 16, 2015 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Kerry Adams, Code Enforcement Specialist 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: January 16,2015 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—December 5,2014 IV. MOTIONS A. Motion for Reduction/Abatement of Fines 1. CASE NO: CEPM20120014225 OWNER: GULFCOAST PETROLEUM EXPLORATION&DEVELOPMENT LLC 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 B. Motion for Continuance C. Motion for Extension of Time 1 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: S0161334-CEEX20140023792 OWNER: VANESSA BELL-SMITH OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66(1)(H) FIRE LANE VIOLATION ADDRESS: NAPLESWALK/IL PRIMO,NAPLES 2. CASE NO: DAS17458-CEEX20140024147 OWNER: ERNESTO RUBIO OFFICER: KYRA LYNCH VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14,ARTICLE II, SECTION 14-34(H) NOISE NUISANCE VIOLATION ADDRESS: 791 11TH STREET NW,NAPLES 3. CASE NO: PU5164-CEEX20140025166 OWNER: FCC MARSH LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION(N)(Q) UNLAWFUL CONNECTION INTO WATER LINE OWNED BY THE DISTRICT AND WATER USE BY CONNECTING TO UNMETERED WATER LINE ILLEGALLY. FOLIO NO: 00743920007 VIOLATION ADDRESS: LOT 2,EAST OF 3259 TAVOLARA,NAPLES 4. CASE NO: CE001302-CEVFH20140024258 OWNER: JEAN BELIZAIRE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: 5TH AVENUE,NAPLES 2 5. CASE NO: CE001001-CEVFH20140025380 OWNER: AMOSS RAFAEL OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: 5TH AVENUE,NAPLES 6. CASE NO: CE001002-CEVFH20140025385 OWNER: AMOSS RAFAEL OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: 5TH AVENUE,NAPLES 7. CASE NO: DAS17604-CEEX20140025603 OWNER: ROXANA CORBALAN OFFICER: SHANNON WALKER VIOLATIONS: CODE OF LAW&ORD.,CHAPTER 14-34(1)(B) DOG RUNNING AT LARGE. VIOLATION ADDRESS: 40TH ST NE AND 54TH AVE NE,NAPLES 8. CASE NO: CEEX20140025037 OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721 OFFICER: FIRE INSPECTOR BARBARA SIBLEY VIOLATIONS: FLORIDA FIRE PREVENTION CODE,NFPA 101,CHAPTER 13.3.4.1.1. NO FIRE ALARM SYSTEM EXISTS IN THIS OCCUPANCY WHICH IS REQUIRED BY CODE. FOLIO NO: 37930400002 VIOLATION ADDRESS: 800 NEFF'S WAY,NAPLES 9. CASE NO: CEPM20140016006 OWNER: RICHARD LEA AND CAROLE LEA OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND(19). SWIMMING POOL IS GREEN AND STAGNANT,NOT BEING MAINTAINED. FOLIO NO: 24768004188 VIOLATION ADDRESS: 1467 VINTAGE CT,NAPLES 10. 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 3 11. CASE NO: CEPM20140020162 OWNER: GW NAPLES LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15)AND 22-231(12)(N). VACANT DWELLING WITH POOL WATER VIOLATION AND RIPPED/TORN SCREENS ON POOL CAGE. FOLIO NO: 72410001054 VIOLATION ADDRESS: 175 SAN RAFAEL LANE,NAPLES 12. CASE NO: CELU20140024432 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 2.02.03.OUTSIDE STORAGE ON RESIDENTIALLY ZONED PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 13. CASE NO: CEVR20140017210 OWNER: RICHARD F.WILD OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4, SECTION 4.06.01(D)(1).VEGETATION BLOCKING VISION. FOLIO NO: 73930040002 VIOLATION ADDRESS: 1055 POMPEI LANE,NAPLES 14. CASE NO: CENA20140022858 OWNER: OTIS MAXWELL ULM JR OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS/GRASS ON PROPERTY IS OVERGROWN AND IN EXCESS OF 18 INCHES. FOLIO NO: 76361400001 VIOLATION ADDRESS: 6090 WAXMYRTLE WAY,NAPLES 15. CASE NO: CEPM20140018590 OWNER: MICHAEL BOROWSKY AND MARILYN B.BOROWSKY OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED,CREATING AN UNHEALTHY CONDITION AND ACCESSORY SCREEN STRUCTURE IS IN DISREPAIR. FOLIO NO: 72650014568 VIOLATION ADDRESS: 1719 TRIANGLE PALM TERRACE,NAPLES 4 16. CASE NO: CEV20140021572 OWNER: MICHAEL D.RYON AND KAY ANNETTE FAIVOR-RYON OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE TRUCK IN THE DRIVEWAY. FOLIO NO: 33435160003 VIOLATION ADDRESS: 9408 SUMMER PLACE,NAPLES 17. CASE NO: CEROW20140014255 OWNER: DANIEL T.DOYLE AND EILEEN H.DOYLE OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110, SECTION 110- 31(A).MAILBOX STRUCTURE IN THE COUNTY RIGHT OF WAY DOES NOT MEET REQUIREMENT FOR BREAKAWAY ASSEMBLY. FOLIO NO: 38054840000 VIOLATION ADDRESS: 3020 39TH STREET SW,NAPLES 18. CASE NO: CEPM20140020881 OWNER: KIMBERLY M.HARRINGTON AND JAMES W.HARRINGTON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C)AND 22-242.UNSECURED VACANT DWELLING WITH ROOF DAMAGE. FOLIO NO: 47971480000 VIOLATION ADDRESS: 1103 WISCONSIN DRIVE,NAPLES 19. CASE NO: CELU20140001802 OWNER: ABDEL E.TOME AND CARMEN A.TOME OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A). SEVERAL LARGE PILES OF DIRT ON THE PROPERTY. FOLIO NO: 40420160001 VIOLATION ADDRESS: 2247 DESOTO BLVD N,NAPLES 20. CASE NO: CEROW20140014172 OWNER: ROSA L.SOPENA AND JORGE LOPEZ LARRULL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, RIGHT OF WAY PERMITS, CHAPTER 110 ROADS AND BRIDGES,ARTICLE II, CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). NON-APPROVED/PERMITTED PVC PIPE IN CULVERT AREA AND CULVERT AREA COLLAPSED. FOLIO NO: 63405760005 VIOLATION ADDRESS: 4524 CAPRI DRIVE,NAPLES 5 21. CASE NO: CENA20140018279 OWNER: ROSA L.SOPENA AND JORGE LOPEZ LARRULL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, CHAPTER 54 ENVIRONMENT,ARTICLE VI,WEEDS,LITTER,AND EXOTICS, SECTION 54-179, 181,AND 185(A). CUT DEAD BRANCHES IN A PILE. FOLIO NO: 63405760005 VIOLATION ADDRESS: 4524 CAPRI DRIVE,NAPLES 22. CASE NO: CEPM20140019418 OWNER: FIFTH THIRD MORTGAGE COMPANY OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(I),(12)(N),(15),22-242,AND THE 2010 FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17. STRUCTURE IS UNSECURE,BROKEN WINDOWS, BROKEN SLIDERS,DAMAGED GARAGE DOOR,TORN SCREENING FOR PORCH, UNMAINTAINED POOL,AND NO PROTECTIVE BARRIER FOR THE POOL. FOLIO NO: 37927400002 VIOLATION ADDRESS: 4355 PINE RIDGE RD,NAPLES 23. CASE NO: CELU20140017803 OWNER: KESNER LOUIS AND BERNADETTE LOUIS OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03.OUTSIDE STORAGE ON RESIDENTIALLY ZONED PROPERTY. FOLIO NO: 62104240005 VIOLATION ADDRESS: 5414 CATTS STREET,NAPLES 24. CASE NO: CENA20140016288 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, ENVIRONMENT. WEEDS,LITTER,AND EXOTICS,DECLARATION OF PUBLIC NUISANCE CHAPTER 54,ARTICLE VI, SECTION 54-185(B). REPEAT VIOLATION OF WEEDS IN EXCESS OF 18 INCHES AT THIS LOCATION. FOLIO NO: 3055000054 VIOLATION ADDRESS: 2600 COACH HOUSE LANE,NAPLES C. Emergency Cases: 6 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20120014225 OWNER: GULFCOAST PETROLEUM EXPLORATION&DEVELOPMENT LLC 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 2. CASE NO: CEROW20140001135 OWNER: ANGELA C.LUCARELLI OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION II COLLIER COUNTY SWALE/CULVERT CONVERSION-NAPLES PARK, SECTION 110-46. EXPIRED PERMIT FOR SWALE/CULVERT CONVERSION. FOLIO NO: 62783680002 VIOLATION ADDRESS: 783 100TH AVENUE N,NAPLES 3. 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 4. CASE NO: CEV20140006954 OWNER: ERNEST VALDASTRI OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,SECTIONS 130- 95 AND 130-96(A)AND THE COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED,SECTION 4.05.03(A).REPEAT VIOLATIONS OF VEHICLES NOT IMMEDIATELY OPERABLE,PARKING ON THE GRASS,AND RECREATIONAL VEHICLE IN THE FRONT YARD. FOLIO NO: 49532360004 VIOLATION ADDRESS: 30 CREEK CIRCLE,NAPLES 7 5. CASE NO: CESD20140010325 OWNER: DAVID G.GRAY OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(A).UNPERMITTED WATER TOWER AND SEVERAL UNPERMITTED SHEDS. FOLIO NO: 62713200009 VIOLATION ADDRESS: 818 93RD AVENUE N,NAPLES 6. 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 7. CASE NO: CENA20140013269 OWNER: ROBERT P.PEKAR OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, WEEDS,LITTER,AND EXOTICS,SECTION 54-181.MISCELLANEOUS ITEMS IN THE FRONT YARD CONSISTING OF BUT NOT LIMITED TO:BOOKS,BOOK SHELVES, METAL,TARPS,WOOD,PLASTICS,BLOCKS,ETC. FOLIO NO: 29780720005 VIOLATION ADDRESS: 1034 HIGHLANDS DRIVE,NAPLES 8. CASE NO: CEPM20140010423 OWNER: STRUCTURED ASSET MTG II TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15)AND(19). PRIVATE SWIMMING POOL NOT BEING MAINTAINED AND EXCESSIVE MOLD/MILDEW GROWTH ON THE PATIO CREATING AN UNSANITARY CONDITION. FOLIO NO: 78698106746 VIOLATION ADDRESS: 2788 INLET COVE LANE W,NAPLES 9. CASE NO: CEPM20140013247 OWNER: DAVID A.VERTIN AND CHRISTINE C.VERTIN OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15).REPEAT VIOLATION OF A POOL COVERING IN A STATE OF DISREPAIR. FOLIO NO: 55002240004 VIOLATION ADDRESS: 271 BAY MEADOWS DRIVE,NAPLES 8 10. 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 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B.Motion to Rescind Previously Issued Order: C.Motion to Contest Nuisance Abatement Lien: 1. CASE NO: CENA20140010794 OWNER: SEBASTIANA GONZALEZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181.UNAUTHORIZED ACCUMULATION OF LITTER,LARGE PILES OF LITTER CONSISTING OF FURNITURE AND HOUSEHOLD ITEMS. FOLIO NO: 37805400001 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES VIII. CONSENT AGENDA A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. IX. REPORTS X. NEXT MEETING DATE: February 6, 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 9 January 16, 2015 Any person who decides to appeal a decision of the Special Magistrate will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 A.M. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:19 a.m. Reconvened: 9:45 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Specialist,noted the following changes (listed below as Agenda item numbers): Under item V.B —Hearings, the following case was moved to V.0—Motion for Continuance: • #16-CASE NO: CEV20140021572- MICHAEL D.RYON AND KAY ANNETTE FAIVOR-RYON Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #14-CASE NO: CENA20140022858-OTIS MAXWELL ULM JR • #10-CASE NO: CELU20140018726-JOSE DURAN • #8-CASE NO: CEEX20140025037-VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721 • #3 -CASE NO: PU5164-CEEX20140025166 -FCC MARSH LLC Under item V.B—Hearings, the following cases were withdrawn: • #1 -CASE NO: SO161334-CEEX20140023792-VANESSA BELL-SMITH • #2-CASE NO: DAS17458-CEEX20140024147-ERNESTO RUBIO • #7-CASE NO: DAS 17604-CEEX20140025603 -ROXANA CORBALAN • #9-CASE NO: CEPM20140016006-RICHARD LEA AND CAROLE LEA • #17-CASE NO: CEROW20140014255-DANIEL T. DOYLE AND EILEEN H. DOYLE • #18-CASE NO: CEPM20140020881 -KIMBERLY M.HARRINGTON AND JAMES W.HARRINGTON • #19-CASE NO: CELU20140001802-ABDEL E.TOME AND CARMEN A. TOME • #23 -CASE NO: CELU20140017803 -KESNER LOUIS AND BERNADETTE LOUIS Under VI.A —Motion for Imposition of Fines, the following case was withdrawn: • #4-CASE NO: CEV20140006954-ERNEST VALDASTRI Under item VII.0 - Motion to Contest Nuisance Abatement Lien, the follownig case was withdrawn: • #1 -CASE NO: CENA20140010794-SEBASTIANA GONZALEZ The Special Magistrate approved the Agenda as modified. 2 January 16, 2015 III. APPROVAL OF MINUTES—December 5,2014 The minutes of the December 5, 2014 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction/Abatement of Fines 1. CASE NO: CEPM20120014225 OWNER: GULFCOAST PETROLEUM EXPLORATION&DEVELOPMENT LLC 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 Investigator Santafemia represented the County. Mary Ballard, Real Estate Agent was present to represent the owner. The request for a Reduction/Abatement of Fines was submitted in writing by Carmen Spinella, CEO. Investigator Santafemia testified: • The violation was issued to the previous property owner. • The property was purchased by Gulf Coast Petroleum Exploration& Development, LLC in October of 2014. They were unaware of the violation. • The new owner abated the violation. • The Order was issued on April 5, 2013 and fines have accrued in the amount of $67,115.78. • Previously assessed Operational Costs have been paid. • Operational Costs for today hearing are $115.78. Ms. Ballard testified the purchase was the result of a foreclosure sale and the title search did not indicate there was a violation existing on the property. The Special Magistrate noted the violation was not abated in a timely manner and reported a partial fine for $250.00 a day for a period of 10 days plus unpaid Operational Costs would be appropriate given the facts of the case. The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$2,615.78. Said amount to become a lien on the property. B. Motion for Continuance 1. CASE NO: CEV20140021572 OWNER: MICHAEL D.RYON AND KAY ANNETTE FAIVOR-RYON OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE TRUCK IN THE DRIVEWAY. FOLIO NO: 33435160003 VIOLATION ADDRESS:9408 SUMMER PLACE,NAPLES 3 January 16, 2015 The Respondent's were not present but submitted the request in writing for a Continuance to the April meeting. Investigator Athey represented the County had not opposition to the Request but noted the owner may abate the violation by obtaining a current registration for the vehicle. The Special Magistrate CONTINUED the case until the February meeting. C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CENA20140022858 OWNER: OTIS MAXWELL ULM JR OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS/GRASS ON PROPERTY IS OVERGROWN AND IN EXCESS OF 18 INCHES. FOLIO NO: 76361400001 VIOLATION ADDRESS:6090 WAXMYRTLE WAY,NAPLES Investigator Athey requested the Hearing. The Stipulation was entered into by Otis Ulm, Jr. on January 16, 2015. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by February 16, 2015. 2. Must mow or cause to mow any and all weeds,grass, or similar non protected overgrowth in excess of 18 inches to a height of less than 6 inches by January 23, 2015 or a fine of$50.00 per day will be imposed for each day the violation remains. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.18 2. 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 Investigator Ford requested the Hearing. 4 January 16, 2015 Samuel A. Blanco, Mr. Duran's Attorney was present. The Stipulation was entered into by Jose A. Duran on January 16, 2015. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$116.00 incurred in the prosecution of the case by February 16, 2015. 2. Must not sell or advertise for sale more than 2 motor vehicles within a 12 month period from the residence beginning January 16, 2016 or a civil penalty of$500.00 per day will be imposed as a repeat violation. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $116.00 3. CASE NO: CEEX20140025037 OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721 OFFICER: FIRE INSPECTOR BARBARA SIBLEY VIOLATIONS: FLORIDA FIRE PREVENTION CODE,NFPA 101,CHAPTER 13.3.4.1.1. NO FIRE ALARM SYSTEM EXISTS IN THIS OCCUPANCY WHICH IS REQUIRED BY CODE. FOLIO NO: 37930400002 VIOLATION ADDRESS: 800 NEFF'S WAY,NAPLES Investigator Sibley requested the Hearing. The Stipulation was entered into by the Respondent's representative Ralph Balzarano on January 16, 2015. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.40 incurred in the prosecution of the case by February 16, 2015. 2. Obtain permit for installation of required fire alarm system installation offire alarm system by licensed contractor and acceptance testing offire alarm system by Greater Naples Fire Rescue District by March 2, 2015 or pay a fine of$250.00 per day. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 5 January 16, 2015 Total Amount Due: $115.40 4. CASE NO: PU5164-CEEX20140025166 OWNER: FCC MARSH LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION(N)(Q) UNLAWFUL CONNECTION INTO WATER LINE OWNED BY THE DISTRICT AND WATER USE BY CONNECTING TO UNMETERED WATER LINE ILLEGALLY. FOLIO NO: 00743920007 VIOLATION ADDRESS:LOT 2,EAST OF 3259 TAVOLARA,NAPLES The hearing was requested by Investigator Sanchez. The Stipulation was entered into by the Respondent's representatives Joe Parisi and Jason Wyrick on January 16, 2015. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case by February 16, 2015. 2. Pay an Administrative Fee of$5.00 incurred in prosecution of the case by February 16, 2015. 3. Pay a Civil Penalty of$300.00 by February 16, 2015. Total Amount Due: $355.00 V. PUBLIC HEARINGS (Continued) B. Hearings 4. CASE NO: CE001302-CEVFH20140024258 OWNER: JEAN BELIZAIRE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: 5TH AVENUE,NAPLES Investigator Musse represented the County and testified on December 6, 2014 Mr. Belizaire was cited for Operating a Vehicle for Hire without the proper licensing. County Evidence Entered: Composite Exhibit A: 2 photos dated 12/6/14. Mr. Beliziare testified unbeknownst to him, his license expired on November 19, 2014 and he obtained his renewal on December 8, 2014. The Special Magistrate found the Respondent GUILTY of Operating a Vehicle for Hire without the proper licensing and ordered him to pay the Operational Costs of$50.00 and a $5.00 Administrative Fee by February 16, 2015. Total Amount Due: $55.00 5. CASE NO: CE001001-CEVFH2O140025380 OWNER: AMOSS RAFAEL OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: 5TH AVENUE,NAPLES 6 January 16, 2015 Cases 5 and 6 were combined 6. CASE NO: CE001002-CEVFH20140025385 OWNER: AMOSS RAFAEL OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: 5TH AVENUE,NAPLES Investigator Musse represented the County. Amoss Rafael testified he submitted documentation to renew his license to the Contractor Licensing Department on December 19, 2014. Jason Bridewell,Administrative Supervisor Contractor Licensing testified Mr. Rafael entered the office on December 18, 2014 to renew his license which was due to expire on December 19, 2014. He notified Mr. Rafael the license would not be issued until at least December 22, 2014 due to the minimal time required to process the application and to cease operation of the business until the license was renewed. Mr. Rafael stated he notified any drivers he could contact by cell phone the proper licensing for his business had not been issued by the County and to cease operations. Investigator Musse testified on December 19, 2014 he was notified by the Contractor Licensing, Mr. Rafael's company (Eagle Taxi) had not secured the proper licensing to Operate Vehicles for Hire. Case #5 Mr. Musse noted while on routine patrol on December 20, 2014 he observed a driver operating on behalf of Eagle Taxi. The driver was notified the proper licensing had not been obtained by the owner and cited the Company for Operating a Vehicle for Hire service without the proper licensing. Case #6 Officer Ford on December 20, 2014 he observed a vehicle belonging to Eagle Taxi appearing to solicit patrons near Mercato. He approached the driver and notified him the company did not have a license to operate a vehicle for hire service and requested the driver return the vehicle to the company's depot and cease activity. Officer Connetta testified later the same evening (at approximately 1:00 am, December 21, 2014)he observed the same driver in an Eagle Taxi vehicle on 5th Ave. in Naples. Accordingly a citation was issued to the company for Operating a Vehicle for Hire service without the proper licensing. Mr. Rafael testified he notified several drivers for the company, but was unable to notify these two drivers the proper licensing had not been issued by the County and to cease operations. After reviewing the Evidence and hearing the testimony the Special Magistrate found the Respondent GUILTY of Operating a Vehicle for Hire Service without the proper licensing and ordered him to pay a Fine of$250.00, $50.00 Operational Costs and a $5.00 Administrative Fee for a total of$305.00 for case #5 and a Fine of$300.00, Operational Costs of$50.00 and a $5.00 Administrative Fee for a total amount due of$355.00 for case #6. Said amounts to be paid by February, 16, 2015. 7 January 16, 2015 Total Amount Due: $660.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CEROW20140001135 OWNER: ANGELA C.LUCARELLI OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF WAY, DIVISION II COLLIER COUNTY SWALE/CULVERT CONVERSION-NAPLES PARK, SECTION 110- 46.EXPIRED PERMIT FOR SWALE/CULVERT CONVERSION. FOLIO NO: 62783680002 VIOLATION ADDRESS: 783 100TH AVENUE N,NAPLES Investigator Box represented the County reporting the violation has been abated. Angelo Lucarelli represented the Respondent. Special Magistrate Order: 10/3/14 No. 5092 Page: 1857 Fine Amount: $200/day Duration: 4 days Total Fine Amount: $800.00 Unpaid Operational Costs: $115.03 Total to Date: $915.03 The Special Magistrate DENIED the County's Motion for Imposition of Fines. 5. CASE NO: CESD20140010325 OWNER: DAVID G.GRAY OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(A).UNPERMITTED WATER TOWER AND SEVERAL UNPERMITTED SHEDS. FOLIO NO: 62713200009 VIOLATION ADDRESS: 818 93RD AVENUE N,NAPLES Investigator Box represented the County reporting the violation has been partially abated. David Gray was present and reported he has engaged consultants and is in the process of getting the necessary permits to fully abate the violation. The water tower and a shed have already been removed. He requested additional time to abate the violation. The Special Magistrate GRANTED and EXTENSION OF TIME in the case until February 16, 2015. Break: 11:15 a.m. Reconvened: 11:38 a.m. C. Hearings 11. CASE NO: CEPM20140020162 OWNER: GW NAPLES LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15)AND 22-231(12)(N). VACANT DWELLING WITH POOL WATER VIOLATION AND RIPPED/TORN SCREENS ON POOL CAGE. FOLIO NO: 72410001054 VIOLATION ADDRESS: 175 SAN RAFAEL LANE,NAPLES 8 January 16, 2015 Date of Hearing Notice by Certified Mail: 12/30/14 Date of Hearing Notice Property/Courthouse Posting: 1/2/15 Investigator Connetta presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 1 photo dated 10/9/14 and 1 photo dated 12/18/14 Composite Exhibit B: 1 photo dated 10/9/14 and 1 photo dated 12/18/14 The violation remains as of 1/16/15. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$115.48 incurred in the prosecution of the case on or before February 16, 2015. 2. Chemically treat the pool water and kill the algae growth and maintain filtration system to keep the pool water clean and provide bi-weekly treatments OR Chemically treat the pool water killing the algae growth and cover the pool to prevent safety hazards, insect infestations, and the intrusion of rain water and, repair or replace all missing or damaged screens on pool enclosure or before January 23, 2015 or a fine of$250.00 per day will be imposed for each day until the violation is abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.48 12. CASE NO: CELU20140024432 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 2.02.03. OUTSIDE STORAGE ON RESIDENTIALLY ZONED PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 1/5/15 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/4/14 Exhibit B: 1 photo dated 12/19/14 Exhibit B: 1 photo dated 1/15/15 The violation remains as of 1/16/15. 9 January 16, 2015 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of this case by February 16, 2015. 2. Abate the violation by removing all items stored outside not specifically identified as a permitted use, conditional use or accessory use on residential zone property or store items in a completely enclosed structure by January 23, 2015 or a fine of$100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 13. CASE NO: CEVR20140017210 OWNER: RICHARD F.WILD OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4, SECTION 4.06.01(D)(1).VEGETATION BLOCKING VISION. FOLIO NO: 73930040002 VIOLATION ADDRESS: 1055 POMPEI LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Courthouse Posting: 12/30/15 Date of Hearing Notice Property: 1/5/15 Investigator Santefemia presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 8/28/14. The violation remains as of 1/16/15. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case by February 16, 2015. 2. Abate all violations by complying with all Collier County Land Development Code Ordinance 0441, Chapter 4 Section 4.06.01.d. Must maintain vegetation in a way that provides unobstructed visibility at a level between 30 inches and eight feet above the crown of the adjacent roadway by January 23, 2015 or pay a fine in the amount of $150.00 per day that the violation remains. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a 10 January 16, 2015 Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.33 15. CASE NO: CEPM20140018590 OWNER: MICHAEL BOROWSKY AND MARILYN B.BOROWSKY OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED, CREATING AN UNHEALTHY CONDITION AND ACCESSORY SCREEN STRUCTURE IS IN DISREPAIR. FOLIO NO: 72650014568 VIOLATION ADDRESS: 1719 TRIANGLE PALM TERRACE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 1/5/15 Investigator Santafemia presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 1 photo dated 9/19/14 and 1 photo dated 9/25/14 The violation remains as of 1/16/15. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$115.25 incurred in the prosecution of the case on or before February 16, 2015. 2. Chemically treat the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatments by January 23, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rain water by January 23, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains unabated. 4. Repair or replace all missing or damaged screens on pool enclosure or before January 23, 2015 or a fine of$250.00 per day will be imposed for each day until the violation is abated. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. 11 January 16, 2015 Total Amount Due: $115.25 20. CASE NO: CEROW20140014172 OWNER: ROSA L. SOPENA AND JORGE LOPEZ LARRULL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, RIGHT OF WAY PERMITS,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II, CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). NON-APPROVED/PERMITTED PVC PIPE IN CULVERT AREA AND CULVERT AREA COLLAPSED. FOLIO NO: 63405760005 VIOLATION ADDRESS:4524 CAPRI DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property: 1/5/15 Date of Hearing Notice Courthouse Posting: 12/30/14 Investigator Santafemia presented the case. The Respondents were not present. Evidence Entered: Composite Exhibit A: 3 photos dated 7/18/14 The violation remains as of January 16, 2015. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by February 16, 2015. 2. Abate all violations by obtaining all required Collier County Building Permit(s) and required inspections and Certificate of Occupancy/Completion by February 16, 2015 or a fine of$100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.03 21. CASE NO: CENA20140018279 OWNER: ROSA L.SOPENA AND JORGE LOPEZ LARRULL OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, CHAPTER 54 ENVIRONMENT,ARTICLE VI,WEEDS, LITTER,AND EXOTICS, SECTION 54-179, 181,AND 185(A). CUT DEAD BRANCHES IN A PILE. FOLIO NO: 63405760005 VIOLATION ADDRESS:4524 CAPRI DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property: 1/5/15 Date of Hearing Notice Courthouse Posting: 12/30/14 12 January 16, 2015 Investigator Santafemia presented the case. The Respondents were not present. Evidence Entered: Composite Exhibit A: 1 photo dated 10/22/14 and 1 photo dated 11/2/14 Exhibit B: 1 photo dated 1/5/15 The violation remains as of January 16, 2015. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of this case by February 16, 2015. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store said items in a completely enclosed structure by January 23, 2015 or a fine of$100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 22. CASE NO: CEPM20140019418 OWNER: FIFTH THIRD MORTGAGE COMPANY OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(I),(12)(N),(15),22-242,AND THE 2010 FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17. STRUCTURE IS UNSECURE,BROKEN WINDOWS,BROKEN SLIDERS,DAMAGED GARAGE DOOR,TORN SCREENING FOR PORCH,UNMAINTAINED POOL,AND NO PROTECTIVE BARRIER FOR THE POOL. FOLIO NO: 37927400002 VIOLATION ADDRESS:4355 PINE RIDGE RD,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 12/22/14 Investigator Connetta presented the case. The Respondents were not present. Evidence Entered: Exhibit A: The violation remains as of January 16, 2015. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$115.78 incurred by Code Enforcement during the prosecution of the case on or before February 16, 2015. 13 January 16, 2015 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code on or before February 16, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains unabated thereafter, or; 3. Obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before January 23, 2015 and obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code before July 16, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.78 24. CASE NO: CENA20140016288 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, ENVIRONMENT. WEEDS,LITTER,AND EXOTICS,DECLARATION OF PUBLIC NUISANCE CHAPTER 54,ARTICLE VI, SECTION 54-185(B). REPEAT VIOLATION OF WEEDS IN EXCESS OF 18 INCHES AT THIS LOCATION. FOLIO NO: 30550000054 VIOLATION ADDRESS:2600 COACH HOUSE LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property: 1/5/15 Date of Hearing Notice Courthouse Posting: 12/30/14 Investigator Santafemia presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 9/23/14 Exhibit B: 1 photo dated 9/23/14 The violation remains as of 1/16/15 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by February 16, 2015. 2. Pay a Civil Penalty of$150.00 for a repeat violation by February 16, 2015. 3. Abate all violations by mowing all weeds,grass, or other similar non protected overgrowth in excess of 18 inches to a height of no more than 6 inches by January 23, 2015 or pay a fine of$50.00 per day for each day the violation remains. 14 January 16, 2015 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 C. Emergency Cases: None VII. NEW BUSINESS (Continued) B. Motion for Imposition of Fines: 1. CASE NO: CEPM20120014225 OWNER: GULFCOAST PETROLEUM EXPLORATION&DEVELOPMENT LLC 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 See Item IV.A.1. 3. 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 Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 12/29/14 The Respondents were not present. Supervisor Mucha presented the case noting the violation has been abated, but not in the prescribed time frame. Special Magistrate Order: 11/7/14 Fine Amount: $50.00/day Duration: 25 days Total Fine Amount: $1,250.00 Unpaid Operational Costs: $230.20 Total to Date: $1,480.20 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$1,480.20. Said amount to become a lien on the property. 15 January 16, 2015 6. 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 Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property: 1/5/15 Date of Hearing Notice Property: 12/30/14 The Respondents were not present. Investigator Santafemia presented the case noting the violation has not been abated. Special Magistrate Order: 11/7/14 Fine Amount: $250.00/day Duration: 40 days Total Fine Amount: $10,000.00 Unpaid Operational Costs: $230.06 Total to Date: $10,230.06 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$10,230.06. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CENA20140013269 OWNER: ROBERT P.PEKAR OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, WEEDS,LITTER,AND EXOTICS, SECTION 54-181. MISCELLANEOUS ITEMS IN THE FRONT YARD CONSISTING OF BUT NOT LIMITED TO: BOOKS,BOOK SHELVES, METAL,TARPS, WOOD,PLASTICS,BLOCKS,ETC. FOLIO NO: 29780720005 VIOLATION ADDRESS: 1034 HIGHLANDS DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property: 1/5/15 Date of Hearing Notice Property: 12/30/14 The Respondent was not present. Investigator Santafemia presented the case noting the violation was abated by the County. Special Magistrate Order: 9/5/14 Fine Amount: $100.00/day Duration: 65 days Total Fine Amount: $6,500.00 Unpaid Abatement Costs: $504.00 Unpaid Operational Costs: $230.21 Total to Date: $7,234.21 16 January 16, 2015 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$7,234.21. Said amount to become a lien on the property. 8. CASE NO: CEPM20140010423 OWNER: STRUCTURED ASSET MTG II TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15)AND(19). PRIVATE SWIMMING POOL NOT BEING MAINTAINED AND EXCESSIVE MOLD/MILDEW GROWTH ON THE PATIO CREATING AN UNSANITARY CONDITION. FOLIO NO: 78698106746 VIOLATION ADDRESS:2788 INLET COVE LANE W,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 12/23/14 The Respondents were not present. Investigator Santafemia presented the case noting the violation has been abated by the County. Special Magistrate Order: 12/5/14 Fine Amount: $250.00/day Duration: 38 days Total Fine Amount: $9,500.00 Unpaid Abatement Costs: $1,393.00 Unpaid Operational Costs: $230.13 Total to Date: $11,123.13 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$11,123.13. Said amount to become a lien on the property. 9. CASE NO: CEPM20140013247 OWNER: DAVID A.VERTIN AND CHRISTINE C.VERTIN OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15).REPEAT VIOLATION OF A POOL COVERING IN A STATE OF DISREPAIR. FOLIO NO: 55002240004 VIOLATION ADDRESS:271 BAY MEADOWS DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 1/5/15 The Respondents were not present. Investigator Kincaid presented the case noting the violation has been partially abated. Special Magistrate Order: 8/1/14 Fine Amount: $500.00/day Duration: 161 days Total Fine Amount: $80,500.00 Unpaid Civil Penalty: $500.00 Unpaid Abatement Costs: $832.19 17 January 16, 2015 Unpaid Operational Costs: $230.28 Total to Date: $82,062.47 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$82,062.47. Said amount to become a lien on the property with fines continuing to accrue. 10. 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 Date of Hearing Notice by Certified Mail: 1/2/15 Date of Hearing Notice Property/Courthouse Posting: 12/23/14 The Respondents were not present. Investigator Santafemia presented the case noting the violation has been abated by the County. Special Magistrate Order: 11/7/14 Fine Amount: $50.00/day Duration: 17 days Total Fine Amount: $850.00 Unpaid Abatement Costs: $58.00 Unpaid Operational Costs: $230.43 Total to Date: $1,138.43 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$1,138.43. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None C. Motion to Contest Nuisance Abatement Lien: None VIII. CONSENT AGENDA A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. 18 January 16, 2015 IX. REPORTS None X. NEXT MEETING DATE: February 6,2015, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples,Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1:01 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Bre i"' arretson Special Magistrate The Minutes were approved by the Special Magistrate on tp , as presented t/, or as amended 19