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CESM Minutes 02/05/2016 February 5, 2016 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, February 5, 2016 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: Anisley SanRoman, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: February 5,2016 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—January 15,2016 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: SO167775-CEEX20150024608 OWNER: JEFF ZIMMERMAN OFFICER: DEPUTY MURPHY VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA, SWALE VIOLATION ADDRESS: 2043 HUNTER BLVD,NAPLES 1 2. CASE NO: PR055231-CEEX20160000352 OWNER: JESSICA DAVIS AND GARY DAVIS OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS: CONNER PARK,NAPLES 3. CASE NO: PR055212-CEEX20160000563 OWNER: JAMES WUSCHKE OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 4. CASE NO: PR055312-CEEX20160000617 OWNER: MARTIN CLAUSON OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO OBTAIN COMMERCIAL STICKER VIOLATION ADDRESS: CAXAMBAS PARK,NAPLES 5. CASE NO: PR055313-CEEX20160000618 OWNER: MARTIN CLAUSON OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH VIOLATION ADDRESS: CAXAMBAS PARK,NAPLES 6. CASE NO: PU5268-CEEX20160000564 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174, SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435014869 VIOLATION ADDRESS: 1570 OCEANIA DRIVE S,NAPLES 2 7. CASE NO: PU5269-CEEX20160000566 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174, SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435014788 VIOLATION ADDRESS: 1573 OCEANIA DRIVE S,NAPLES 8. CASE NO: PU5270-CEEX20160000571 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174, SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435011480 VIOLATION ADDRESS: 1590 OCEANIA DRIVE S,NAPLES 9. CASE NO: CEV20150019456 OWNER: YOLANDE CEUS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY. FOLIO NO: 45903880007 VIOLATION ADDRESS: 971 21ST STREET SW,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE 3 2. CASE NO: CEPM20150012708 OWNER: AT&T WIRELESS SERVICES OF FL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-240(1)(B). GARAGE WITH ROOF DAMAGE. FOLIO NO: 64210240007 VIOLATION ADDRESS: 1173 SUN CENTURY ROAD,NAPLES 3. CASE NO: CEPM20150018950 OWNER: ORI&BHNV LLC OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C). HOLE IN ROOF. SOFFIT IN DISREPAIR. FOLIO NO: 67493320000 VIOLATION ADDRESS: 4201 ROSE AVENUE,NAPLES 4. CASE NO: CEPM20150017183 OWNER: CARLSBAD FUNDING MORTGAGE TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N). GARAGE DOOR PANEL IN DISREPAIR. FOLIO NO: 81471160006 VIOLATION ADDRESS: 1204 LAKE SHORE PLACE,NAPLES 5. CASE NO: CEPM20150017838 OWNER: BETTY FREDERICK EST AND KAREN L.DONNADIO EST OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(12)(I). POOL SCREEN IN DISREPAIR/TORN. CHAIN LINK FENCE IN DISREPAIR. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45TH STREET SW,NAPLES 6. CASE NO: CEPM20150001679 OWNER: ANA ELIAS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(M),(12)(B),(12)(P),(12)(C),AND(12)(I). SEVERAL PROPERTY MAINTENANCE ISSUES CONSISTING OF BUT NOT LIMITED TO: DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS,EXTERIOR WALLS, INTERIOR WALLS, WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON RESIDENTIAL PROPERTY. FOLIO NO: 00129200008 VIOLATION ADDRESS: 2707 IMMOKALEE DRIVE, IMMOKALEE 4 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B.Motion to Rescind Previously Issued Order: VIII. CONSENT AGENDA A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. None B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. None IX. REPORTS X. NEXT MEETING DATE: March 4,2016,at 9:00 A.M.located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida XI. ADJOURN 5 February 5, 2016 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 9:03 A.M. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing,Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:15 a.m. Reconvened: 9:45 a.m. II. APPROVAL OF AGENDA Anisley SanRoman, Code Enforcement Administrative Secretary noted the following changes (listed below as Agenda Item Numbers): Under Item V.B —Hearings, the following cases were moved to Item V.A—Stipulations: • #6. CASE NO: PU5268-CEEX20160000564-WCI COMMUNITIES LLC • #7. CASE NO: PU5269-CEEX20160000566-WCI COMMUNITIES LLC • #8. CASE NO: PU5270-CEEX20160000571 -WCI COMMUNITIES LLC Under Item V.B —Hearings, the following cases were withdrawn: • #1. CASE NO: S0167775-CEEX20150024608-JEFF ZIMMERMAN • #3. CASE NO: PR055212-CEEX20160000563-JAMES WUSCHKE • #4. CASE NO: PR055312-CEEX20160000617-MARTIN CLAUSON • #5. CASE NO: PR055313-CEEX20160000618-MARTIN CLAUSON • #9. CASE NO: CEV20150019456-YOLANDE CEUS Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES-January 15,2016 The minutes of the January 15, 2016 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. V. MOTIONS A. Motion for Continuance None B. Motion for Extension of Time None VI. PUBLIC HEARINGS A. Stipulations 1. CASE NO: PU5268-CEEX20160000564 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN 2 February 5, 2016 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174,SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435014869 VIOLATION ADDRESS: 1570 OCEANIA DRIVE S,NAPLES Investigator Keegan requested the hearing. The Stipulation was entered into by the Respondent's representative Cameron Rahe on February 5, 2016. 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 processing of this case. 3. Pay Civil Penalty of 1,000.00 4. Total Charges are $1,055.00 due by March 7, 2016. Total Amount Due: $1,055.00 2. CASE NO: PU5269-CEEX20160000566 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174,SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435014788 VIOLATION ADDRESS: 1573 OCEANIA DRIVE S,NAPLES Investigator Keegan requested the hearing. The Stipulation was entered into by the Respondent's representative Cameron Rahe on February 5, 2016. 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 processing of this case. 3. Pay Civil Penalty of 5,000.00 4. Total Charges are $5,055.00 due by March 7, 2016. Total Amount Due: $5,055.00 3. CASE NO: PU5270-CEEX20160000571 OWNER: WCI COMMUNITIES LLC OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 137-174, SECTION(N). UNLAWFUL CONNECTION PROHIBITED.NO PERSON SHALL BE ALLOWED TO CONNECT INTO ANY WATER, SEWER,OR IQ WATER LINE OWNED BY THE DISTRICT.THE CONNECTION OF SUCH LINE SHALL BE MADE ONLY UNDER THE DIRECTION OF THE DISTRICT. FOLIO NO: 22435011480 VIOLATION ADDRESS: 1590 OCEANIA DRIVE S,NAPLES 3 February 5, 2016 Investigator Keegan requested the hearing. The Stipulation was entered into by the Respondent's representative Cameron Rahe on February 5, 2016. 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 processing of this case. 3. Pay Civil Penalty of 500.00 4. Total Charges are $555.00 due by March 7, 2016. Total Amount Due: $555.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE Supervisor Mucha represented the County and reported the violation has not been abated but is not a Health, Safety and Welfare issue. The property is in pristine condition but the structures do not meet setback requirements. Donna Yzaguirre was present and noted she has been working to abate the violation however a series of health issues and a teenager with Cystic Fibrosis has encumbered her financial resources and time to abate the violation. The sheds do not meet the setback requirements and she has been working with the adjacent landowner to obtain lands to abate the violation. The Special Magistrate CONTINUED the case until February 5, 2017. V. PUBLIC HEARINGS (Continued) B. Hearings 2. CASE NO: PR055231-CEEX20160000352 OWNER: JESSICA DAVIS AND GARY DAVIS OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 EXPIRED BEACH PARKING STICKER VIOLATION ADDRESS: CONNER PARK,NAPLES Date of Hearing Notice by Certified Mail: 1/12/16 Ranger Araquistain was present. The Respondent was not present. Evidence Entered: Composite Exhibit A: 2 photos; 4 February 5, 2016 Ranger Araquistain testified on the day of the incident(December 26, 2015)he observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. Finding the Notice of Hearing was properly served,Special Magistrate Garretson upheld 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. Total Amount Due: $85.00 C. Emergency Cases: None VII. NEW BUSINESS (Continued) A.Motion for Imposition of Fines: 2. CASE NO: CEPM20150012708 OWNER: AT&T WIRELESS SERVICES OF FL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-240(1)(B). GARAGE WITH ROOF DAMAGE. FOLIO NO: 64210240007 VIOLATION ADDRESS: 1173 SUN CENTURY ROAD,NAPLES Date of Hearing Notice by Certified Mail: 1/13/16 Date of Hearing Notice Property/Courthouse Posting: 1/15/16 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 12/4/15 Fine Amount: $100.00/day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $230.36 Total to Date: $3,430.36 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$3,430.36. Said amount to become a lien on the property with fines continuing to accrue. 3. CASE NO: CEPM20150018950 OWNER: ORI&BHNV LLC OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C). HOLE IN ROOF. SOFFIT IN DISREPAIR. FOLIO NO: 67493320000 VIOLATION ADDRESS:4201 ROSE AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 11/13/16 Date of hearing Notice Property/Courthouse Posting: 1/14/16 The Respondents were not present. Investigator Athey presented the case noting the violation has not been abated. Special Magistrate Order: 12/4/15 5 February 5, 2016 Fine Amount: $100/day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $230.36 Total to Date: $3,430.36 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$3,430.36. Said amount to become a lien on the property with fines continuing to accrue. 4. CASE NO: CEPM20150017183 OWNER: CARLSBAD FUNDING MORTGAGE TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N). GARAGE DOOR PANEL IN DISREPAIR. FOLIO NO: 81471160006 VIOLATION ADDRESS: 1204 LAKE SHORE PLACE,NAPLES Date of Hearing Notice by Certified Mail: 1/13/16 Date of hearing Notice Property/Courthouse Posting: 1/12/16 The Respondents were not present. Supervisor Mucha reported the violation has been abated and the Operational Costs paid. Special Magistrate Garretson DENIED the County's Motion for the Imposition of Fines. 5. CASE NO: CEPM20150017838 OWNER: BETTY FREDERICK EST AND KAREN L.DONNADIO EST OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(12)(I). POOL SCREEN IN DISREPAIR/TORN. CHAIN LINK FENCE IN DISREPAIR. FOLIO NO: 36001560005 VIOLATION ADDRESS:2975 45TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 1/13/16 Date of Hearing Notice Property/Courthouse Posting: 1/14/16 The Respondents were not present. Investigator Athey reported the violation has been abated and the Operational Costs paid. Special Magistrate Garretson DENIED the County's Motion for the Imposition of Fines. 6. CASE NO: CEPM20150001679 OWNER: ANA ELIAS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(M),(12)(B),(12)(P),(12)(C),AND(12)(I). SEVERAL PROPERTY MAINTENANCE ISSUES CONSISTING OF BUT NOT LIMITED TO: DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS,EXTERIOR WALLS, INTERIOR WALLS, WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON RESIDENTIAL PROPERTY. FOLIO NO: 00129200008 VIOLATION ADDRESS:2707 IMMOKALEE DRIVE,IMMOKALEE 6 February 5, 2016 Supervisor Mucha reported the violation is nearly abated. The Special Magistrate CONTINUED the case until the next hearing date. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None 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. None B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. None IX. REPORTS None X. NEXT MEETING DATE: March 4, 2016, 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 10:35 A.M. COLLIER COUNTY SPECIAL MAGISTRATE IIEARING A .- Br da Garretson, vial Magistrate The Minutes were approved by the Special Magistrate on arciA 4 ao 1(p , as presented /or as amended 7