CESM Minutes 03/06/2015 March 6, 2015
MINUTES OF THE HEARING OF THE
X15 COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 6, 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
Page 1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: March 6,2015 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—February 6,2015
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
1. #23 CESD20140023123 YISLEN DE LA 0 AND ROESMEL RUA
1
B. Hearings
1. CASE NO: S0181448-CEEX20150002630
OWNER: VLADIMIR PECI
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: BARNES AND NOBLE,5377 TAMIAMI TRAIL,NAPLES
2. CASE NO: S0138008-CEEX20150002252
OWNER: ANNA SEKOSKY
OFFICER: DEPUTY ANDERSON
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 525 NEWPORT,NAPLES
3. CASE NO: S0181407-CEEX20150000865
OWNER: MICHAEL WESSON
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: CIRCLE ON STRADA AT ENGLISH PUB,NAPLES
4. CASE NO: S0181420-CEEX20150002313
OWNER: AMELIA AND CLAUS ZIMMERMANN
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: MERCATO,NAPLES
5. CASE NO: PR053262-CEEX20150001007
OWNER: HOUSHANG TAVAKOLI
OFFICER: PARK RANGER M. ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: COCOHATCHEE PARKING LOT,NAPLES
6. CASE NO: PU5194-CEEX20150001113
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62, SECTION 1.9
TAMPERING WITH COLLIER COUNTY DISTRIBUTION SYSTEM,BACK LEG OF
BACKFLOW DEVICE TURNED UP.
FOLIO NO: 23896800307
VIOLATION
ADDRESS: 9636 FIRENZE DRIVE,NAPLES
2
7. CASE NO: PU5230-CEEX20150001953
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 134-174, SECTION N
BACK LEG OF THE BACKFLOW DEVICE IS BENT WITH A HOSE CONNECTED GOING
INTO A BARREL.
FOLIO NO: 71725831745
VIOLATION
ADDRESS: 3328 RUNAWAY LANE,NAPLES
8. CASE NO: CE001310-CEVFH2O140025336
OWNER: ALFREDO GAUTO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: RED ROOF INN, DAVIS BLVD,NAPLES
9. CASE NO: CE001318-CEVFH2O150000512
OWNER: FRADET PHARICIEN
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D)
NO DRIVER ID.
VIOLATION
ADDRESS: 5TH AVENUE,NAPLES
10. CASE NO: CE001321-CEVFH20150000522
OWNER: FRADET PHARICIEN
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: 5TH AVENUE,NAPLES
11. CASE NO: CE001309-CEVFH20140024442
OWNER: BOBBY CALVERT
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: 6400 DUDLEY DRIVE,NAPLES
12. CASE NO: CO02677-CEVFH2O150000205
OWNER: DUCKSER SENATUS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION 142-30(A)AND
142-33(D). OPERATED A MOTOR VEHICLE FOR HIRE WITHOUT A VALID DRIVER ID
ISSUED BY COLLIER COUNTY.
VIOLATION
ADDRESS: 4030 GREEN BLVD APT 4,NAPLES
3
13. CASE NO: CE001311-CEVFH2O150000411
OWNER: JOSEPH CENATUS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: EUSTIS AVENUE,NAPLES
14. CASE NO: CE001316-CEVFH2O150000496
OWNER: MACK ROSE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: RED ROOF INN,NAPLES
15. CASE NO: CE001317-CEVFH2O150000497
OWNER: MACK ROSE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D)
NO DRIVER ID.
VIOLATION
ADDRESS: RED ROOF INN,NAPLES
16. CASE NO: CES20140012167
OWNER: SOUTHWIND VILLAGE MHC LLC
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
5.06.02(B)(2), 5.06.02(B)(6),5.06.04(F)(14), 5.06.06. MULTIPLE UNPERMITTED SIGNS ON
PROPERTY.
FOLIO NO: 00293400006
VIOLATION
ADDRESS: SOUTHWIND VILLAGE,NAPLES
17. CASE NO: CEPM20140024441
OWNER: IVY JEAN NEBUS,JUDY ANNE BLAKE,AND BETTY JO ROBERTSON
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-228(1),22-240(2)(b),22-240(1)(n)(1)AND COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). FENCING IN
DISREPAIR AND EXCESSIVE GROWTH OF WEEDS,GRASS AND OTHER FLORA.
FOLIO NO: 275560003
VIOLATION
ADDRESS: 3994 MERCANTILE AVENUE,NAPLES
4
18. CASE NO: CEPM20140001119
OWNER: JOSEPH SALVATORIELLO AND KAREN SALVATORIELLO
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(i),22-231(12)(1)AND 22-231(15). BROKEN FRONT WINDOWS,
POOL SCREENS ARE RIPPED/TORN OR MISSING AND POOL WATER IS STAGNANT
AND NOT BEING MAINTAINED.
FOLIO NO: 71373120002
VIOLATION
ADDRESS: 18445 ROYAL HAMMOCK BLVD,NAPLES
19. CASE NO: CESD20140007433
OWNER: JOSE AND MARIA QUINTERO
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION
10.02.06(B)(1)(a). INSTALLED A SCREENED IN PORCH WITHOUT HAVING FIRST
OBTAINED COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 60205005701
VIOLATION
ADDRESS: 709 HABITAT CENTER, IMMOKALEE
20. CASE NO: CEPM20140020846
OWNER: RAFFY BALLENILLA
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-236. VACANT FORECLOSED DWELLING WITH MISSING/DAMAGED
ROOF DECLARED A DANGEROUS BUILDING BY THE BUILDING INSPECTOR.
FOLIO NO: 41933520001
VIOLATION
ADDRESS: 6130 HIDDEN OAKS LANE,NAPLES
21. CASE NO: CEPM20140021386
OWNER: NAPLES HOMES RENTAL LLC
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(P)AND 22-231(19). BATHROOM WALL NEXT TO TUB IS ROTTED
WITH WATER DAMAGE.
FOLIO NO: 62045800009
VIOLATION
ADDRESS: 5249 MCCARTY STREET,NAPLES
22. CASE NO: CEROW20140002827
OWNER: PETE'S TRAILER PARK
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II,CONSTRUCTION IN THE PUBLIC RIGHT OF WAY, DIVISION 1
GENERALLY, SECTION 110-32. PER TRANSPORTATION,THE CULVERT/DRAINAGE
PIPE HAS FAILED,THAT IS, IT HAS COLLAPSED OR RUSTED THROUGH OR IS
EXPOSED,MAKING IT IN NEED OF REPAIR.
FOLIO NO: 00232560004
VIOLATION
ADDRESS: 16061 CR 858,IMMOKALEE
5
23. CASE NO: CESD20140023123
OWNER: YISLEN DE LA 0 AND ROESMEL RUA
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(A). EXPIRED PERMIT PRBD20140306250 FOR CHICKEE HUT.
FOLIO NO: 36451600007
VIOLATION
ADDRESS: 2883 50TH TERRACE SW,NAPLES
24. CASE NO: CEPM20140022483
OWNER: BERNARD A. LOSCHING EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15),22-231(12)(C),22-231(12)(P), AND 22-242. VACANT UNSECURED
DWELLING WITH POOL WATER VIOLATION, ROOF DAMAGE,AND CEILING
DAMAGE ON THE LANAI.
FOLIO NO: 68641040005
VIOLATION
ADDRESS: 13102 POND APPLE DRIVE W,NAPLES
25. CASE NO: CEV20140025084
OWNER: RENEE GIALLOMBARDO
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. PICK UP TRUCK WITH HEAVY FRONT END DAMAGE PARKED AT
THIS LOCATION.
FOLIO NO: 62845040001
VIOLATION
ADDRESS: 10662 VANDERBILT DRIVE,NAPLES
26. CASE NO: CEPM20140024571
OWNER: KATHLEEN A.JURICIC
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: 52250018683
VIOLATION
ADDRESS: 4792 MARTINIQUE WAY,NAPLES
27. CASE NO: CEAU20140010855
OWNER: MARK E.JONES
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE, SECTION 105.1. PERMIT FOR FENCING
EXPIRED AND NO CERTIFICATE OF OCCUPANCY/COMPLETION OBTAINED.
FOLIO NO: 81520840002
VIOLATION
ADDRESS: 1374 WESTLAKE BLVD,NAPLES
6
28. CASE NO: CESD20140023040
OWNER: YOLANDA BLANCO
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). APPLICABLE DOCUMENTS HAVE NOT BEEN SUBMITTED TO THE
ZONING AND PERMITTING DEPARTMENTS FOR APPROVAL OF THE STRUCTURE
AND ITS LOCATION ON THE PROPERTY.
FOLIO NO: 62045640007
VIOLATION
ADDRESS: 5234 JOHNS STREET,NAPLES
29. CASE NO: CENA20140023245
OWNER: BILLIE J. PAPINEAU
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). GRASS AND WEEDS OVER 18 INCHES.
FOLIO NO: 68096440001
VIOLATION
ADDRESS: 3402 BALBOA CIRCLE E,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20140012637
OWNER: S&0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-240(1)(N)(3),22-240(1)(J),22-240(1)(A),22-240(1)(B),22-240(1)(E)AND 22-
240(2)(L). COMMERCIAL SIGNAGE IN DISREPAIR, ROOF,FASCIA,AND SOFFIT IN
DISREPAIR, PEELING PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS
MISSING GLAZING MATERIAL,UNSECURE AND NOT WEATHER TIGHT,DEBRIS
SCATTERED ABOUT PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION
ADDRESS: 303 W. MAIN STREET,IMMOKALEE
7
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
3. CASE NO: CENA20140018422
OWNER: ERIC BOOKER
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179.ACCUMULATION OF LITTER IN THE REAR YARD CONSISTING OF
BUT NOT LIMITED TO: BOXES, BINS, TARPS, BLANKETS, FURNITURE,TIRES,
BICYCLES, ETC.
FOLIO NO: 32480240005
VIOLATION
ADDRESS: 901 CARDINAL STREET,NAPLES
4. 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
5. CASE NO: CENA20140009645
OWNER: MULLER REAL EST HOLDINGS LLC
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
8
6. CASE NO: CESD20140009723
OWNER: MULLER REAL EST HOLDINGS LLC
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
7. 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
8. CASE NO: CEROW20140002148
OWNER: TIMOTHY BAKER
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110, ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION I GENERALLY,
SECTION 110-31(A). INSTALLED A DRIVEWAY ON THE COUNTY RIGHT OF WAY
WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36249560003
VIOLATION
ADDRESS: 5324 17TH AVENUE SW,NAPLES
9. CASE NO: CESD20130012976
OWNER: JUAN M. GONZALEZ AND NAYELIS GONZALEZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). ALTERATIONS TO THE STRUCTURE, PLUMBING SYSTEM,AND
ELECTRICAL SYSTEM OF IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 62046960003
VIOLATION
ADDRESS: 5370 MCCARTY STREET,NAPLES
10. 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
9
11. CASE NO: CEPM20140014794
OWNER: ESTELVINA DUENAS,RAMON A. HERNANDEZ,AND WILLIAM F. HERNANDEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND SECTION 22-231(12)(N). POOL IN REAR OF THE PROPERTY
IS NOT BEING PROPERLY MAINTAINED AND SECTIONS OF WOODEN FENCE ARE
LYING ON THE GROUND.
FOLIO NO: 39207600009
VIOLATION
ADDRESS: 310 14TH STREET SE,NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20140012637
OWNER: S&0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-240(1)(N)(3),22-240(1)(J),22-240(I)(A),22-240(1)(B),22-240(1)(E)AND 22-
240(2)(L). COMMERCIAL SIGNAGE IN DISREPAIR, ROOF,FASCIA,AND SOFFIT IN
DISREPAIR, PEELING PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS
MISSING GLAZING MATERIAL, UNSECURE AND NOT WEATHER TIGHT, DEBRIS
SCATTERED ABOUT PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION
ADDRESS: 303 W. MAIN STREET, IMMOKALEE
B. Motion to Rescind Previously Issued Order:
1. CASE NO: CEAU20140014415
OWNER: DAVID FALATO AND ZENAIDA FALATO
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND ADMINISTRATION,
PART 1, SCOPE AND APPLICATION, SECION 105 PERMITS, 105.1 REQUIRED.
UNPERMITTED FENCE CONSTRUCTED IN THE REAR OF THE PROPERTY.
OWNER/OCCUPANT DID NOT COMPLETE PERMITTING APPLICATION PROCESS.
FOLIO NO: 77210960002
VIOLATION
ADDRESS: 130 2ND STREET,NAPLES
VIII. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive
Summary.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: April 3, 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
10
March 6, 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.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special 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 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: 9:25 a.m.
Reconvened: 9:42 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist,noted the following changes (listed below as
Agenda item numbers):
Under item V.A—Stipulations,the following case was withdrawn:
• #23 - CESD20140023123 —YISLEN DE LA 0 AND ROESMEL RUA
Under item V.B—Hearings, the following cases were moved to V.A—Stipulations:
• #22 - CASE NO: CEROW20140002827 - PETE'S TRAILER PARK
• #06 - CASE NO: PU5194-CEEX20150001113 - LENNAR HOMES LLC
• #07 - CASE NO: PU5230-CEEX20150001953 - LENNAR HOMES LLC
Under item V.B —Hearings,the following cases were withdrawn:
• #03 - CASE NO: SO181407-CEEX20150000865 - MICHAEL WESSON
• #04 - CASE NO: 50181420-CEEX20150002313 - AMELIA AND CLAUS
ZIMMERMANN
• #16 - CASE NO: CES20140012167 - SOUTHWIND VILLAGE MHC LLC
• #17 - CASE NO: CEPM20140024441 - IVY JEAN NEBUS, JUDY ANNE BLAKE, AND
BETTY JO ROBERTSON
• #21 - CASE NO: CEPM20140021386 -NAPLES HOMES RENTAL LLC
• #23 - CASE NO: CESD20140023123 - YISLEN DE LA 0 AND ROESMEL RUA
• #25 - CASE NO: CEV20140025084 - RENEE GIALLOMBARDO
• #28 - CASE NO: CESD20140023040 - YOLANDA BLANCO
Under V.0 —Emergency Cases,the following case was moved to V.A—Stipulations
• #01 - CASE NO: PU5234-CEEX20150004066 - LENNAR HOMES LLC
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #03 - CASE NO: CENA20140018422 - ERIC BOOKER
Page 2
March 6, 2015
Under item VII.A—Motion to Recind Previously Issued Order,the following case was
withdrawn:
• #01 - CASE NO: CEAU20140014415 - DAVID FALATO AND ZENAIDA FALATO
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—February 6, 2015
The minutes of the February 6, 2015 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEROW20140002827
OWNER: PETE'S TRAILER PARK
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110
ROADS AND BRIDGES,ARTICLE II, CONSTRUCTION IN THE PUBLIC
RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-32. PER
TRANSPORTATION, THE CULVERT/DRAINAGE PIPE HAS FAILED,
THAT IS, IT HAS COLLAPSED OR RUSTED THROUGH OR IS EXPOSED,
MAKING IT IN NEED OF REPAIR.
FOLIO NO: 00232560004
VIOLATION ADDRESS: 16061 CR 858, IMMOKALEE
Investigator Walker requested the hearing.
The Stipulation was entered into by Carrie Williams, Registered Agent for Pete's Trailer Park,
LLC. on March 3, 2015.
The Special Magistrate reported Carrie Williams,signed as the Registered Agent for Pete's
Trailer Park does not have standing in the case and CONTINUED the case.
2. CASE NO: PU5194-CEEX20150001113
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAWS &ORDINANCES,CHAPTER 134-62, SECTION 1.9
TAMPERING WITH COLLIER COUNTY DISTRIBUTION SYSTEM,BACK
LEG OF BACKFLOW DEVICE TURNED UP.
FOLIO NO: 23896800307
VIOLATION ADDRESS: 9636 FIRENZE DRIVE,NAPLES
Investigator Phillips requested the Hearing.
Page 3
March 6, 2015
The Stipulation was entered into by the Respondent's Representative Craig Talleksen on March
6, 2015.
Special Magistrate Garretson 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.
2. Pay an Administrative Fee of$5.00 incurred in the prosecution of the case.
3. Pay a Civil Penalty of$1,000.00
Total Amount Due by April 6,2015: $1,055.00
3. CASE NO: PU5230-CEEX20150001953
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAWS &ORDINANCES, CHAPTER 134-174, SECTION N
BACK LEG OF THE BACKFLOW DEVICE IS BENT WITH A HOSE
CONNECTED GOING INTO A BARREL.
FOLIO NO: 71725831745
VIOLATION ADDRESS: 3328 RUNAWAY LANE,NAPLES
Investigator Smith requested the Hearing.
The Stipulation was entered into by the Respondent's Representative Craig Talleksen on March
6, 2015.
Special Magistrate Garretson 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.
2. Pay an Administrative Fee of$5.00 incurred in the prosecution of the case.
3. Pay a Civil Penalty of$2,500.00
Total Amount Due by April 6, 2015: $2,555.00
4. CASE NO: PU5230-CEEX20150001953
OWNER: LENNAR HOMES LLC
Investigator Dustin Lapolla requested the Hearing.
The Stipulation was entered into by the Respondent's Representative Craig Talleksen on March
6, 2015.
Special Magistrate Garretson 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.
2. Pay an Administrative Fee of$5.00 incurred in the prosecution of the case.
3. Pay a Civil Penalty of$5,000.00
Total Amount Due by April 6, 2015: $5,055.00
B. Hearings
20. CASE NO: CEPM20140020846
OWNER: RAFFY BALLENILLA
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-236. VACANT FORECLOSED DWELLING
Page 4
March 6, 2015
WITH MISSING/DAMAGED ROOF DECLARED A DANGEROUS
BUILDING BY THE BUILDING INSPECTOR.
FOLIO NO: 41933520001
VIOLATION ADDRESS: 6130 HIDDEN OAKS LANE,NAPLES
Investigator Connetta represented the County.
Erik Stocks,Attorney represented Mr. Ballenilla who was not present.
Mr. Stocks testified;
• That the property was the subject of a fraudulent mortgage and is in foreclosure.
• That the lien holder, Wells Fargo reached an agreement with the Respondent in 2009
however has failed to file the final judgment.
• He requested a Continuance in the case so he may resolve the issue with Wells Fargo.
• The property was previously secured via a construction fence, however it is in disrepair
or has been removed.
Supervisors Mucha and Letourneau testified that the building has been declared a Dangerous
Building by the County and the Ordinance requires the Respondent correct the violation within 30
days. They objected to the Continuance.
Mr. Stocks expressed concern proceeding with a hearing and issuance of a judgment may further
damage his client's credit. The lack of action is not his fault, rather the fault of Wells Fargo not
fulfilling their part of the agreement. The construction fencing could be re-installed to secure the
property.
After hearing the testimony and reviewing the evidence,Special Magistrate Garretson
CONTINUED THE CASE until June 6,2015 subject to the Respondent undertaking the
necessary measures to secure the property via fencing.
1. CASE NO: S0181448-CEEX20150002630
OWNER: VLADIMIR PECI
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS: BARNES AND NOBLE, 5377 TAMIAMI TRAIL,NAPLES
Vladimir Peci was present.
Ervin Shuaiti was Mr. Peci's interpreter.
Mr.Peci testified that he was at Starbucks in the Barnes and Noble store and when he returned to
his vehicle he had been issued a Citation for parking in a handicap space. He was not parked in a
handicap space. He provided a photo taken a couple of days following the event of the parking
space in question which is not identified as a handicapped parking space.
Deputy Keller testified that he was on routine patrol and to the best of his recollection;he
observed the vehicle parked in a handicapped space. He had no photos of the alleged violation to
present as evidence.
After hearing the testimony and reviewing the evidence,Special Magistrate Garretson found
the Respondent NOT GUILTY of the alleged violation.
2. CASE NO: S0138008-CEEX20150002252
OWNER: ANNA SEKOSKY
Page 5
March 6, 2015
OFFICER: DEPUTY ANDERSON
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS: 525 NEWPORT,NAPLES
Anna Sekosky was present and provided a handicap parking placard which she forgot to display
at the scene of the alleged violation.
Deputy Anderson was not present.
Ms. Sekosky requested the case be dismissed.
The Special Magistrate DISMISSED the Citation.
8. CASE NO: CE001310-CEVFH20140025336
OWNER: ALFREDO GAUTO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS: RED ROOF INN,DAVIS BLVD,NAPLES
Alfredo Guato was present
Investigator Musse represented the County.
Mr. Guato testified:
• That on December 20,2014 he received a call from Investigator Musse posing as a client
requesting a ride from the Red Roof Inn.
• That he is a student at Gulf Coast University and did not realize he needed licensing from
the County to provide a ride.
Investigator Musse reported when Mr. Guato arrived on the scene he did not have the proper
Driver Identification or Certificate to Operate the vehicle.
After hearing the testimony,Special Magistrate Garretson found the Respondent GUILTY of
operating a Vehicle for Hire without the proper licensing and ordered him to pay a$100.00
fine,an Administrative Fee of$5.00 and Operational Costs of$50.00 for a total amount due of
$155.00 by May 6, 2015. Mr. Guato to submit a copy of his most recent report card to verify
his status as a student.
Total Amount Due: $155.00
Cases#9 and#10 were combined.
9. CASE NO: CE001318-CEVFH2O150000512
OWNER: FRADET PHARICIEN
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS &ORDINANCES,CHAPTER 142,ARTICLE II, SECTION
142-33(D)
NO DRIVER ID.
VIOLATION ADDRESS: 5TH AVENUE,NAPLES
10. CASE NO: CE001321-CEVFH20150000522
OWNER: FRADET PHARICIEN
Page 6
March 6, 2015
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS: 5TH AVENUE,NAPLES
Fradet Pharicien was present.
Joseph Cenatos interpreted for Mr. Pharicien.
Investigator Short and Connetta represented the County.
Mr.Pharicien testified:
• That he was previously licensed by the County but left the Country and when he returned
his license had expired.
• That he was aware he was not allowed to pickup up clients as a vehicle for hire.
• That he utilizes the vehicle(a commercial taxi)for personal use.
• On the evening of January 10, 2015, he was on his way to pick up his daughter from
work at the Naples Beach Hotel.
• That as he was traveling down 5th Ave,he received a call from his daughter to pick her up
at Publix on US41 across from the Mall.
• That he changed course and was traveling down 6th Avenue when a valet flagged him
down and asked if he was working,which he responded he was not.
• That he was not picking up a passenger when the Citation was issued.
County Evidence Entered: Composite Exhibit A: 2 photos-Expired Driver ID and Vehicle
ID tag
Composite Exhibit B: 2 photos of the vehicle on scene the night of
the incident
Investigator Short testified:
• That he spotted the vehicle on 5th Ave which displayed a red vehicle for hire sticker. The
current color in effect is either blue or yellow.
• That he observed Mr. Pharicien picking up a client by Sudgen Theater when he
approached the vehicle.
• Mr. Pharicien could not provide proper Driver ID and a Citation was issued.
• It was later determined the vehicle's Certificate to Operate had expired as well and
another Citation(Case#10)was issued.
Investigator Connetta testified:
• That he had spotted Mr. Pharicien's in his taxi earlier in the evening of January 10,2015.
• That his"taxi light"was lit at the time.
• Later in the evening he observed the valet"flag down"Mr. Pharicien.
After hearing the testimony and reviewing the evidence,Special Magistrate Garretson
UPHELD the Issuance of the Citations and Ordered the Respondent to pay the following by
July 6,2015:
Case#9- $500.00 Fine, an Administrative Fee of$5.00 and Operational Costs of$50.00 for a
total amount due of$555.00.
Case#10-$1000.00 Fine,an Administrative Fee of$5.00 and Operational Costs of$50.00 for
a total amount due of$1,055.00
Page 7
March 6, 2015
11. CASE NO: CE001309-CEVF1120140024442
OWNER: BOBBY CALVERT
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS: 6400 DUDLEY DRIVE,NAPLES
Mr. Calvert was present.
Investigator Musse represented the County.
County Evidence Entered: Exhibit A: Contract for Service provided to Mr. Musse by Clean
Ride Limo
Exhibit B: Email confirmation of service to be provided.
Mr. Calvert testified that on December 20, 2014 he received notification that one of his drivers
had been issued a citation in Collier County. He is not the owner of the vehicle,nor does he
employee the driver. He acts as a booking agent for taxis similar to the process for online hotel
bookings. Other organizations(i.e. American Express)book taxis in Collier County.
The Special Magistrate directed County representatives to determine the owner of the vehicle
in question and recessed the case at 11:50 a.m.
The case was reconvened at 1:17 p.m.
Investigator Short reported that the owner of the vehicle in question is Kuhn Law Firm PA.
Supervisor Letourneau referenced the Collier County Vehicle for Hire Administrative Policy
Manual Section Four, Subsection(a)which states"Unless identified as an exempt driver it shall
be unlawful for any person to operate, control or drive a vehicle for hire on a public street and
roads in the County or dispatched for hire on a public street in Collier County without first
obtaining a vehicle for hire license. " The County's position is the Respondent"dispatched"a
vehicle for hire.
Investigator Musse testified:
• That on December 18,2014 he placed a call to the Respondent's business for a vehicle
for hire.
• That a fee of$790.00 was agreed upon for the service and a deposit was paid to Clean
Ride Limo.
• That he received an email confirmation from the Respondent.
• That on December 20,2014 the vehicle arrived and the driver could not provide proper
Driver ID or Certificate to Operate for the vehicle.
• That the driver contacted the Respondent who spoke on the phone with Mr. Short.
Investigator Short testified that Mr. Calvert notified him he was doing a favor for a client.
Based on the events,a Citation was issued to Mr. Calvert.
Mr. Calved testified that he did not notify Mr. Short it was a favor for a client,rather the vehicle
in question was not his vehicle. He, like many other companies(i.e. American Express)acts as a
booking agent and the vehicle does not belong to him nor does he employee the driver of the
vehicle.
After hearing the testimony and reviewing the Evidence Special Magistrate took the case
UNDER ADVISEMENT.
Page 8
March 6, 2015
Cases#12 and#13 were combined.
12. CASE NO: C002677-CEVFH2O150000205
OWNER: DUCKSER SENATUS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS &ORDINANCES,CHAPTER 142,ARTICLE II, SECTION
142-30(A)AND 142-33(D). OPERATED A MOTOR VEHICLE FOR HIRE
WITHOUT A VALID DRIVER ID ISSUED BY COLLIER COUNTY.
VIOLATION ADDRESS: 4030 GREEN BLVD APT 4,NAPLES
13. CASE NO: CE001311-CEVFH20150000411
OWNER: JOSEPH CENATUS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS &ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS: EUSTIS AVENUE,NAPLES
Duckster Senatus and Joseph Cenatus were present.
Investigator Short represented the County.
County Evidence Entered: Composite Exhibit A: 2 photos dated 1/6/15
Duckster Senatus testified:
• That on January 6, 2015 he was on personal business in the taxi cab(the cab is the only
vehicle he has access to and is provided by his Uncle's(Joseph Cenatus)company).
• That he was looking for the address provided by a friend he had recently met and was
pulled over on the side of the road when the officer approached and issued the Citation.
• That he received no call from the County for requesting service nor did he offer the
Officer ask for a ride.
• That he holds a Lee County Vehicle for Hire license and knows he is not allowed to pick
up passengers in Collier County.
Investigator Short testified:
• That he was on patrol when he observed the vehicle and followed it to a location where a
woman approached the vehicle.
• That he approached the vehicle and was told by Mr. Senatus he was on scene to pick up a
client.
• That he determined Mr. Senatus was not licensed in Collier County and accordingly a
Citation was issue.
• That although no monies changed hands,the Ordinance defines a violation of"intent to
receive compensation."
Mr. Senatus stated that he told the Officer he was on scene to meet a friend, and the taxi is the
only vehicle he has in his possession and is allowed to use it for personal use. The person in
question has since become a friend.
After hearing the testimony and reviewing the evidence,Special Magistrate Garretson found
the Respondent NOT GUILTY of the violation.
Cases#14 and#15 were combined.
Page 9
March 6, 2015
14. CASE NO: CE001316-CEVFH20150000496
OWNER: MACK ROSE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS &ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS: RED ROOF INN,NAPLES
15. CASE NO: CE001317-CEVFH20150000497
OWNER: MACK ROSE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS &ORDINANCES, CHAPTER 142,ARTICLE II, SECTION
142-33(D)
NO DRIVER ID.
VIOLATION ADDRESS: RED ROOF INN,NAPLES
Mack Rose was present
Investigator Musse represented the County
Mr.Rose testified:
• That he owns his own taxi service and is licensed in Lee County.
• That the service consists of"karaoke"taxi and he received a call from Mr. Musse
requesting a ride in the karaoke cab.
• That he proceeded to the location when he was approached by the Officer who issued a
Citation.
• That he drives clients who trip originates in Lee County into Collier County which is
permitted under Collier County licensing.
• That he did not realize a trip had to originate in Lee County to be permitted under Collier
County requirements for those holding Lee County licenses.
• That he intends to obtain his Collier County license now that he is aware of the rules.
After hearing the testimony and given the fact Mr. Rose intends to obtain his Collier County
License, the Special Magistrate CONTINUED the case until July 6,2015.
27. CASE NO: CEAU20140010855
OWNER: MARK E.JONES
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE, SECTION 105.1. PERMIT FOR
FENCING EXPIRED AND NO CERTIFICATE OF
OCCUPANCY/COMPLETION OBTAINED.
FOLIO NO: 81520840002
VIOLATION ADDRESS: 1374 WESTLAKE BLVD,NAPLES
Mark Jones was present
Investigator Pulse, Santafemia and Supervisor Letourneau represented the County.
County Evidence Entered: Composite Exhibit A: 2 photos dated 5/29/14, 6/3/14
Composite Exhibit B: 2 photos dated 7/10/14, 9/20/14
Investigator Pulse testified:
• That Mr. Jones received a permit to install a 6 foot fence along his property line and
after it was installed and passed County inspection an inquiry was placed by a
neighbor if a 6 foot fence could be installed along a property line.
Page 10
March 6, 2015
• That after investigation,the County determined the permit and related inspections
were issued in error.
• A 4 foot high fence is permitted in the location the fence was placed.
• To remediate the issue,the County notified Mr.Jones the fence would either need to
be lowered to a height of 4 feet or moved 10 feet inside the property line where a 6
foot high fence would be permitted.
• Mr. Jones amended his permit to lower the height of the fence in August with a
January expiration date.
• The permit expired in January but to date,the work has not been completed.
Mr.Jones testified he was under the impression all County requirements had been met until he
was contacted in August of 2014 of the issue. The contractor(Carter Fence Company)was
responsible to obtain the permit and related inspections. The issue is of no fault of his own given
the County permitted and inspected the work and found it to be in conformance with County
requirements.
Liz Rodriguez, Carter Fence Company testified:
• That she is responsible for permitting for the company and on May 6, 2014 they received
a permit for installation of a fence on Mr.Jones's property.
• The Company was notified about the issue after all inspections were completed.
• They obtained a revised permit, however the key issue who will bear financial
responsibility for the error, as it was of no fault of Mr. Jones,or their Company and the
County bears responsibility for the error.
• The cost to remediate the"violation" is approximately$800 plus County fees.
• The have contacted representative of the County numerous times for assistance in
correcting the error with no response.
Supervisor Letourneau stated that the applicant submitted a plan that was not in conformance
with County regulations.
Ms.Rodriguez stated that she processes application in numerous jurisdictions. The Company
cannot be expected to know every regulation for every jurisdiction and they rely on the
jurisdiction to ensure a permit and related inspections they process is in accordance with their
requirements.
After hearing the testimony and reviewing the testimony,Special Magistrate Garretson found
the Respondent GUILTY of the alleged violation (Expired Permit)and ordered the Respondent
to:
1. Pay the Operational Costs of$115.18 incurred by Code Enforcement during the
prosecution of the case on or before April 6,2015.
2. Obtain all Collier County permits and bring the fence into requirements with County
regulations by June 6,2015 or a fine of$100.00 day will be imposed for each day the
violation remains unabated.
Total Amount Due: $115.18
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
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
Page 11
March 6, 2015
VEHICLES AND ALLOWING FOR THE HOOK UP OF ELECTRIC TO THE
CAMPERS AS A POWER SOURCE TO LIVE.
FOLIO NO: 00739680005
VIOLATION ADDRESS: 2755 CECIL ROAD,NAPLES
Ray Parascando was present.
Investigator Ambach represented that the County and reported the case was continued from the
last meeting pending submittal of Eviction Documents verifying the Respondent's reason for not
abating the violation on time.
After review of the Eviction documents,Special Magistrate Garretson DENIED the County's
Motion for Imposition of Fines.
4. 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
David Gray was present and reported that the permits and inspections have been completed and
is awaiting issuance of the Certificate of Completion.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
The County may recall the case if a Certificate of Completion is not acquired by the
Respondent.
7. 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
Alejandra Lynch was present.
Supervisor Snow represented the County and reported the Respondent has abated the violation.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
8. CASE NO: CEROW20140002148
OWNER: TIMOTHY BAKER
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110,
ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF
WAY,DIVISION I GENERALLY, SECTION 110-31(A). INSTALLED A
DRIVEWAY ON THE COUNTY RIGHT OF WAY WITHOUT FIRST
OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36249560003
VIOLATION ADDRESS: 5324 17TH AVENUE SW,NAPLES
Page 12
March 6, 2015
Timothy Baker was present.
Investigator Mucha was represented the County and reported the violation has been abated.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
1. CASE NO: CEPM20140012637
OWNER: S& 0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-240(1)(N)(3), 22-240(1)(J),22-240(1)(A),22-240
(1)(B),22-240(1)(E)AND 22-240(2)(L). COMMERCIAL SIGNAGE IN
DISREPAIR, ROOF,FASCIA,AND SOFFIT IN DISREPAIR, PEELING
PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS
MISSING GLAZING MATERIAL,UNSECURE AND NOT WEATHER
TIGHT, DEBRIS SCATTERED ABOUT PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION ADDRESS: 303 W. MAIN STREET,IMMOKALEE
Investigator Santafemia represented the County and reported the violation has not been abated.
Date of Hearing Notice by Certified Mail: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/14/15
The Respondents were not present.
Special Magistrate Order: 10/3/14
Fine Amount: $250.00/day
Duration: 11/4/14—3/6/14(123 days)
Total Fine Amount: $30,750.00
Unpaid Operational Costs: $229.45
Unpaid Civil Penalty: $500.00
Total to Date: $31,479.45
Brad Muckle,Executive Director,Immokalee Community Redevelopment Area(CRA)
supported the County's Motion for Imposition of Fines noting the building is an eyesore and
determimantal to the goals of the CRA. The Agency is applying for Grants which may assist in
improving facades along the street side.
Andrea Halman,Immokalee MSTU agreed with Mr.Muckle.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$31,479.45. Said
amount to become a lien on the property with fines continuing to accrue.
V. PUBLIC HEARINGS(Continued)
B. Hearings
5. CASE NO: PR053262-CEEX20150001007
OWNER: HOUSHANG TAVAKOLI
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION ADDRESS: COCOHATCHEE PARKING LOT,NAPLES
Date of Hearing Notice by Certified Mail: 2/19/15
Page 13
March 6, 2015
Ranger Araquistain was present.
The Respondent was not present.
Evidence Entered: Exhibit A: 1 photo.
Exhibit B: 1 photo.
Exhibit C: 1 photo.
Ranger Araquastain testified on January 2,2015 he was on routine patrol when he observed a
vehicle parked in an area reserved for vehicles with boat trailers and issued the Citation.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson UPHELD
the issuance of the Citation and ordered the Respondent to pay a$30.00 Fine, Operational
Costs of$50.00 and a$5.00 Adminstrative Fee for a total amount due of$85.00 by April 6,
2015.
Total Amount Due: $85.00
18. CASE NO: CEPM20140001119
OWNER: JOSEPH SALVATORIELLO AND KAREN SALVATORIELLO
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(i),22-231(12)(1)AND 22-231(15).
BROKEN FRONT WINDOWS,POOL SCREENS ARE RIPPED/TORN OR
MISSING AND POOL WATER IS STAGNANT AND NOT BEING
MAINTAINED.
FOLIO NO: 71373120002
VIOLATION ADDRESS: 18445 ROYAL HAMMOCK BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 2/19/15
Date of Hearing Notice Property/Courthouse Posting: 2/18/15
Investigator Ambach presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 12/11/14
Exhbiti B: 1 photo dated 3/5/15
The violation remains as of 3/6/15.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$115.48 incurred by Code Enforcement during the
prosecution of the case on or before April 6, 2015.
2. Abate the violation by repair or replace broken windows and torn screens and obtain any
and all required Collier County Building Permits or Demolition permits, inspections
through Certificate of Completion/Occupancy on or before March 15,2015 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 March 15,2015 days 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 September 15, 2015 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter.
Page 14
March 6, 2015
4. 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 March 15,2015 or a fine
of$250.00 per day will be imposed for each day the violation remains thereafter or;
5. 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 March 15,2015 or a
fine of $250.00 per day will be imposed for each day the violation remains thereafter.
6. 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: $115.48
19. CASE NO: CESD20140007433
OWNER: JOSE AND MARIA QUINTERO
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED,
SECTION 10.02.06(B)(1)(a). INSTALLED A SCREENED IN PORCH
WITHOUT HAVING FIRST OBTAINED COLLIER COUNTY BUILDING
PERMITS.
FOLIO NO: 60205005701
VIOLATION ADDRESS: 709 HABITAT CENTER,IMMOKALEE
Date of Hearing Notice by Certified Mail: 2/19/15
Date of Hearing Notice Property/Courthouse Posting: 2/18/15
Investigator Walker presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 4/27/14
Exhibit B: 1 photo dated 4/27/14
Exhibit C: 1 photo dated 4/27/14
The violation remains as of 3/6/15
Finding the Notice of Hearing was properly served,Special Magistrate Garretson 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
April 6,2015.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by April 6,2015 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 Sheriff`s
Office to enforce the provisions of the Order and all costs of abatement shall be assessed to
the property owner.
Page 15
March 6, 2015
Total Amount Due: $115.25
24. CASE NO: CEPM20140022483
OWNER: BERNARD A.LOSCHLNG EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231(15), 22-231(12)(C),22-231(12)(P),AND 22-
242. VACANT UNSECURED DWELLING WITH POOL WATER
VIOLATION,ROOF DAMAGE,AND CEILING DAMAGE ON THE LANAI.
FOLIO NO: 68641040005
VIOLATION ADDRESS: 13102 POND APPLE DRIVE W,NAPLES
Date of Hearing Notice by Certified Mail: 2/19/15
Date of Hearing Notice Property/Courthouse Posting: 2/14/15
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 11/7/14
Exhibit B: 1 photo dated 1/9/15
Exhibit C: 1 photo dated 1/9/15
The violation remains as of 3/6/15.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of$115.55 incurred in the prosecution of the case on or before
April 6,2015.
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 April 6,2015 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 April 6,2015 or a fine
of $250.00 per day will be imposed for each day the violation remains unabated.
4. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion for repair of the damaged roof and ceiling and secure all exterior
doors and windows to prevent unauthorized entry into the structure by April 6,2015 or a
fine of$250.00 per day will be imposed until the violation has been 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.
Total Amount Due: $115.55
26. CASE NO: CEPM20140024571
OWNER: KATHLEEN A.JURICIC
OFFICER: INVESTIGATOR JOHN CONNETTA
Page 16
March 6, 2015
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: 52250018683
VIOLATION ADDRESS: 4792 MARTINIQUE WAY,NAPLES
Date of Hearing Notice by Certified Mail: 2/19/15
Date of Hearing Notice Property/Courthouse Posting: 2/14/15
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 12/11/14
Exhibit A: 1 photo dated 1/9/15
Exhibit A: 1 photo dated 2/9/15
The violation remains as of 3/6/15.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of$115.40 incurred in the prosecution of the case on or before
April 6,2015.
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 March 15,2015 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 March 15,2015 or a
fine of $250.00 per day will be imposed for each day the violation remains unabated.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday,Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday. 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: $115.40
29. CASE NO: CENA20140023245
OWNER: BILLIE J.PAPINEAU
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54-185(A). GRASS AND WEEDS OVER 18
INCHES.
FOLIO NO: 68096440001
VIOLATION ADDRESS: 3402 BALBOA CIRCLE E,NAPLES
Date of Hearing Notice by Certified Mail: 2/23/15
Date of Hearing Notice Property/Courthouse Posting: 2/23/15
Investigator Pulse presented the case.
The Respondent was not present.
Page 17
March 6, 2015
Evidence entered: Composite Exhibit A: 2 photos dated 2/13/15
The violation remains as of 3/6/15.
Finding the Notice of Hearing was properly served,Special Magistrate Garretson 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
April 6,2015.
2. 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 March 15,2015 or pay a fine of$50.00 per day for
each day the violation remains.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday,Sunday or legal holiday,then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday. 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
C. Emergency Cases
None
VII. NEW BUSINESS (Continued)
B. Motion for Imposition of Fines:
5. CASE NO: CENA20140009645
OWNER: MULLER REAL EST HOLDINGS LLC
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
Date of Hearing Notice by Certified Mail: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/18/15
The Respondents were not present.
Investigator Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: 12/5/14
Fine Amount: $500.00/day
Duration: 12/13/14—3/6/15 (84 days)
Total Fine Amount: $42,000.00
Unpaid Operational Costs: $230.35
Total to Date: $42,230.25
Page 18
March 6, 2015
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$42,230.25. Said
amount to become a lien on the property with fines continuing to accrue.
6. CASE NO: CESD20140009723
OWNER: MULLER REAL EST HOLDINGS LLC
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
Date of Hearing Notice by Certified Mail: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/18/15
The Respondents were not present.
Investigator Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: 12/5/14:
Fine Amount: $250.00/day
Duration: 1/6/15—3/6/15 (60 days)
Total Fine Amount: $15,000.00
Unpaid Operational Costs: $230.28
Total to Date: $15,230.28
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$1 5,230.28. Said
amount to become a lien on the property with fines continuing to accrue.
9. CASE NO: CESD20130012976
OWNER: JUAN M. GONZALEZ AND NAYELIS GONZALEZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(a). ALTERATIONS TO THE STRUCTURE,
PLUMBING SYSTEM,AND ELECTRICAL SYSTEM OF IMPROVED
RESIDENTIAL PROPERTY.
FOLIO NO: 62046960003
VIOLATION ADDRESS: 5370 MCCARTY STREET,NAPLES
Date of Hearing Notice by Certified Mail: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/17/15
The Respondents were not present.
Supervisor Snow presented the case noting the violation has not been abated.
Special Magistrate Order: 12/6/13
Fine Amount: $200.00/day
Duration: 4/7/14—3/6/15 (334 days)
Total Fine Amount: $66,800.00
Unpaid Operational Costs: $226.79
Total to Date: $67,026.79
Page 19
March 6, 2015
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$67,026.79. Said
amount to become a lien on the property with fines continuing to accrue.
10. 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: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/17/15
The Respondents were not present.
Investigator Santafemia presented the case noting the violation has not been abated.
Special Magistrate Order: 1/16/15
Fine Amount: $250.00/day
Duration: 1/24/15—3/6/15 (42 days)
Total Fine Amount: $10,500.00
Unpaid Operational Costs: $230.13
Total to Date: $10,730.13
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$10,730.13. Said
amount to become a lien on the property with fines continuing to accrue.
11. CASE NO: CEPM20140014794
OWNER: ESTELVINA DUENAS,RAMON A.HERNANDEZ,AND WILLIAM F.
HERNANDEZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231 (15)AND SECTION 22-231(12)(N). POOL
IN REAR OF THE PROPERTY IS NOT BEING PROPERLY MAINTAINED
AND SECTIONS OF WOODEN FENCE ARE LYING ON THE GROUND.
FOLIO NO: 39207600009
VIOLATION ADDRESS: 310 14TH STREET SE,NAPLES
Date of Hearing Notice by Certified Mail: 2/20/15
Date of Hearing Notice Property/Courthouse Posting: 2/14/15
The Respondents were not present.
Supervisor Mucha presented the case noting Part B of the Order was abated by the County and
the remaining violation has not been abated.
Special Magistrate Order: 11/7/14
Fine Amount: Part B: $250.00/day; Part C: $250.00/day
Duration: Part B: 50 days; Part C: 89 days
Total Fine Amount: Part B: $12,500.00; Part C: $22,250.00
Unpaid Operational Costs: $230.50
Page 20
March 6, 2015
Unpaid Abatement Costs: $1,751.83
Total to Date: $36,732.33
Finding the Notice of Hearing was properly served,Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$36,732.33. Said
amount to become a lien on the property with fines continuing to accrue.
VII. OLD BUSINESS
A.Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20140012637
OWNER: S& 0 GROCERS INC.
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-240(1)(N)(3), 22-240(1)(J),22-240(1)(A),22-240
(1)(B),22-240(1)(E)AND 22-240(2)(L). COMMERCIAL SIGNAGE IN
DISREPAIR,ROOF,FASCIA, AND SOFFIT IN DISREPAIR,PEELING
PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS
MISSING GLAZING MATERIAL,UNSECURE AND NOT WEATHER
TIGHT,DEBRIS SCATTERED ABOUT PROPERTY IN REAR.
FOLIO NO: 25580880000
VIOLATION ADDRESS: 303 W. MAIN STREET, IMMOKALEE
Investigator Santafemia represented the County and reported there was a typographical error in
the Order when the applicable Section of the Ordinance(s)was cited.
Special Magistrate Garretson reviewed the request and GRANTED the County's Motion to
Amend the Previously Issued Order..
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Executive Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: April 3, 2015, at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida
*****
Page 21
March 6, 2015
There being no further business for the good of the County,the Hearing was adjourned by Order of the
Special Magistrate at 3:00 P.M.
COLLIER COUNTY SPECIAL
MAGISTRATE HEARING
AA
g,a■j.
„,
re Ida Gar• so i, Sp•cial Magistrate
The Minutes were approved by the Special Magistrate on isivA\ 3 )06
as presented , or as amended
Page 22