CESM Minutes 06/03/2016 June 3, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 3, 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: Jeff Letourneau, Manager of Inspectors
Kerry Adams, Code Enforcement Specialist
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: June 3,2016 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.
1. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
IL APPROVAL OF AGENDA
11I. APPROVAL OF MINUTES—May 6,2016
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
4
B. Hearings
1. CASE NO: S0182152-CEEX20160006769
OWNER: ROBERT GRECO AND MARIE GRECO
OFFICER: DEPUTY WILLIAM LEACH
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: VANDERBILT BEACH TURNAROUND,NAPLES
2. CASE NO: S0167841-CEEX20160006366
OWNER: DAVID SANTEE
OFFICER: DEPUTY DORNBACK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA, SWALE
VIOLATION
ADDRESS: LOGAN BLVD NORTH OF PINE RIDGE,NAPLES
3. CASE NO: PR055664-CEEX20160006921
OWNER: PV HOLDING CORP
OFFICER: PARK RANGER CYNTHIA ENGLISH
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
STICKER MUST BE PERMANENTLY AFFIXED
VIOLATION
ADDRESS: MARCO SOUTH ACCESS,MARCO ISLAND
4. CASE NO: PR055847-CEEX20160007733
OWNER: EAN HOLDINGS
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT.
VIOLATION
ADDRESS: CONNER PARK,NAPLES
5. CASE NO: PU5361-CEEX20160008141
OWNER: CINTAS CORPORATION NO.2
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-62,SECTION
1.9.CINTAS FIRE PROTECTION TESTING TAGS ON COUNTY OWNED BACKFLOW
DEVICE.NO PERSON CAN TOUCH ANY COUNTY OWNED EQUIPMENT WITHOUT
THE DISTRICT'S CONSENT.
VIOLATION
ADDRESS: 3433 CLUB CENTER BLVD,NAPLES
2
6. CASE NO: CESD20160003515
OWNER: CKK PROPERTIES LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A)AND THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,
SECTION 105 PERMITS, 105.1 REQUIRED.UNPERMITTED STRUCTURES AND FENCE
ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION
ADDRESS: 3440 22ND AVENUE SE,NAPLES
7. CASE NO: CEPM20160005274
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(2)AND SECTION 22-231(11). OCCUPIED DWELLING WITH NO
WATER AND ELECTRICITY SERVICE.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20TH PL SW,NAPLES
8. CASE NO: CEPM20160005292
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). DILAPIDATED WOODEN FENCE ON THE RIGHT SIDE OF THE
PROPERTY.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20TH PL SW,NAPLES
9. CASE NO: CENA20150019899
OWNER: DANIELA F.SUAREZ
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO:
PALLETS,BUCKETS,WOOD,PLASTIC,TIRES,ETC.
FOLIO NO: 45907320000
VIOLATION
ADDRESS: 1031 19TH ST SW,NAPLES
10. CASE NO: CEPM20160000880
OWNER: WILHEM VILBON AND GABRIELE I.BECKER
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). POOL WATER IS BLACK IN COLOR AND
SEVERAL SCREENS ON THE POOL CAGE ARE RIPPED/TORN.
FOLIO NO: 80707507305
VIOLATION
ADDRESS: 242 MONTEREY DRIVE,NAPLES
3
11. CASE NO: CEPM20160006034
OWNER: MICHAEL SLOVIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(I)AND 22-242. VACANT UNSECURED DWELLING WITH A
BROKEN WINDOW,ACCESS CAN BE GAINED INTO THE UNIT.
FOLIO NO: 36301720008
VIOLATION
ADDRESS: 5231 19TH CT SW,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20150024494
OWNER: HENLEY PROPERTY INVEST LLLP
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). MOLD IN DWELLING.
FOLIO NO: 79904131844
VIOLATION
ADDRESS: 8291 YASMINA WAY,NAPLES
2. CASE NO: CEPM20150021891
OWNER: CAROL L.DELAAR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). WOODEN FENCE IN DISREPAIR.
FOLIO NO: 69005000509
VIOLATION
ADDRESS: 4825 OAHU DRIVE,NAPLES
3. CASE NO: CEPM20150001203
OWNER: THORNBURG MORTGAGE SECURITIES TRUST
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(P)AND SECTION(19). MOLD AND UNSANITARY CONDITIONS
CREATING A SERIOUS HEALTH AND SAFETY ISSUE FOR THE ADJOINING UNIT.
FOLIO NO: 54052000004
VIOLATION
ADDRESS: 3990 ESTERO BAY LN,NAPLES
4
4. 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 A CHICKEE HUT.
FOLIO NO: 36451600007
VIOLATION
ADDRESS: 2883 501"TER SW,NAPLES
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.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: July 1, 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
June 3, 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.
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: 9:23 a.m.
Reconvened: 9:35 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:
• #2 -CASE NO: S0167841-CEEX20160006366-DAVID SANTEE
• #10-CASE NO:CEPM20160000880- WILHEM VILBON AND GABRIELE I. BECKER
Under item V.B —Hearings, the following cases were moved to V.A— Stipulations:
• #5 -CASE NO: PU5361-CEEX20160008141 -CINTAS CORPORATION NO.2
Under item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: SO182152-CEEX20160006769-ROBERT GRECO AND MARIE GRECO
• #3 -CASE NO: PR055664-CEEX20160006921 -PV HOLDING CORP
• #4-CASE NO: PR055847-CEEX20160007733- EAN HOLDINGS
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #3 -CASE NO: CEPM20150001203-THORNBURG MORTGAGE SECURITIES TRUST
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES —May 6, 2016
The minutes of the May 6, 2016 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Liens
None
B. Motion for Continuance
1. CASE NO: 50167841-CEEX20160006366
OWNER: DAVID SANTEE
OFFICER: DEPUTY DORNBACK
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
2
June 3, 2016
UNLAWFUL AREA, SWALE
VIOLATION ADDRESS:LOGAN BLVD NORTH OF PINE RIDGE,NAPLES
Mr. Santee was not present but submitted the Motion for a Continuance in writing.
Deputy Dornback was not present.
Special Magistrate Garretson GRANTED the Respondent's Motion and continued the case
until the next hearing date.
2. CASE NO: CEPM20160000880
OWNER: WILHEM VILBON AND GABRIELE I. BECKER
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). POOL WATER IS BLACK IN COLOR AND
SEVERAL SCREENS ON THE POOL CAGE ARE RIPPED/TORN.
FOLIO NO: 80707507305
VIOLATION ADDRESS:242 MONTEREY DRIVE,NAPLES
Mr. Vilbon and Ms. Becker were not present but submitted the Motion for a Continuance in
writing.
Investigator Connetta objected to the request noting the violation is a Health, Safety and
Welfare issue given the potential for mosquito breeding. A neighbor has complained about the
violation which was first identified in January of 2016.
Special Magistrate DENIED the Respondent's Motion.
C. Motion for Extension of Time
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CEPM20150021891
OWNER: CAROL L. DELAAR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). WOODEN FENCE IN DISREPAIR.
FOLIO NO: 69005000509
VIOLATION ADDRESS:4825 OAHU DRIVE,NAPLES
Jeanette Kuszlyk of CKC Property Holdings was present and reported the property was
acquired by them on May 10, 2016. The violation was abated on May 12, 2016 and she
requested the fines and Operational Costs be waived.
Investigator Athey presented the case noting the violation has been abated and the Operational
Costs are paid.
Special Magistrate Order: 4/1/16 No. 5265 Page: 508
Fine Amount: $100/day
Duration: 5/2/16— 5/17/16 (16 days)
Total Fine Amount: $1,600.00
Unpaid Operational Costs: $114.80
Total to Date: $1,714.80
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June 3, 2016
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
V. PUBLIC HEARINGS
A. Stipulations
5. CASE NO: PU5361-CEEX20160008141
OWNER: CINTAS CORPORATION NO.2
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-62,SECTION
1.9.CINTAS FIRE PROTECTION TESTING TAGS ON COUNTY OWNED BACKFLOW
DEVICE.NO PERSON CAN TOUCH ANY COUNTY OWNED EQUIPMENT WITHOUT
THE DISTRICT'S CONSENT.
VIOLATION ADDRESS:3433 CLUB CENTER BLVD,NAPLES
Investigator Keegan requested the hearing.
The Stipulation was entered into by the Respondent's representative Jeff Playter on June 1,
2016.
Special Magistrate Garretson noted the stipulation was signed by Mr. Playter as representative
of Cintas Corporation—F24 while the violation was issued to Cintas Corporation No. 2. She
reported she would accept the following conditions of the stipulation but requested County Staff
contact the representatives of Cintas Corporation No. 2 and ascertain the proper documentation
in relation to the Stipulation.
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 by
July 3, 2016.
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 July 3, 2016.
B. Hearings
6. CASE NO: CESD20160003515
OWNER: CKK PROPERTIES LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A)AND THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,
SECTION 105 PERMITS, 105.1 REQUIRED.UNPERMITTED STRUCTURES AND FENCE
ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION ADDRESS: 3440 22ND AVENUE SE,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Personal Service: 5/19/16
Investigator Asaro presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 10/13/15
Exhibit B: 1 photo dated 11/17/15
Exhibit C: 1 photo dated 2/10/16
Exhibit D: 2007 aerial photo of property
Exhibit E: 2016 aerial photo of property
4
June 3, 2016
The violation remains as of 6/3/16.
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$115.33 incurred in the prosecution of the case by
July 3, 2016.
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 July 3, 2016 or a fine of$100.00 per day will be imposed until
the violation has been abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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
7. CASE NO: CEPM20160005274
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(2)AND SECTION 22-231(11). OCCUPIED DWELLING WITH NO
WATER AND ELECTRICITY SERVICE.
FOLIO NO: 35755040005
VIOLATION ADDRESS: 4265 20TH PL SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/16/16
Investigator Asaro presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 1 photos dated 4/1/16
Exhibit B: 1 photo dated 4/26/16
The violation remains as of 6/3/16.
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$115.48 incurred in the prosecution of the case by
July 3, 2016.
2. Restore water service to the property with an active account with Florida Governmental
Utility Authority or vacate the property until an active account with Florida Governmental
Utility Authority is obtained and water has been restored to the property by June 17, 2016
or pay a fine of$500.00 a day until the violation is abated.
3. Restore electricity to the property with an active account with Florida Power and Light or
vacate the property until an active account with Florida Power and Light is obtained and
electricity has been restored to the property by June 17, 2016 or pay a fine of$500.00 a day
until the violation is abated.
5
June 3, 2016
4. In the event the Respondent does not comply with #2 and 3 above, all buildings on this
property are ordered to be vacated and the County may use the assistance of the Collier
County Sheriffs Office to effectuate this Order to Vacate. This Order to Vacate shall
remain in effect until such time the water and electricity have been restored to the property
with active accounts with Florida Governmental Utility Authority and Florida Power and
Light.
5. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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: $115.48
8. CASE NO: CEPM20160005292
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). DILAPIDATED WOODEN FENCE ON THE RIGHT SIDE OF THE
PROPERTY.
FOLIO NO: 35755040005
VIOLATION ADDRESS: 4265 20TH PL SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/16/16
Investigator Connetta presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photos dated 4/1/16
Exhibit B: 1 photo dated 4/1/16
Exhibit C: 1 photo dated 4/19/16
The violation remains as of 6/3/16.
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$115.48 incurred in the prosecution of the case by
July 3, 2016.
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 July 3, 2016 or a fine of$100.00 per day will be imposed until
the violation has been abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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 Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.48
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June 3, 2016
9. CASE NO: CENA20150019899
OWNER: DANIELA F.SUAREZ
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181.LITTER CONSISTING OF BUT NOT LIMITED TO:
PALLETS,BUCKETS, WOOD,PLASTIC,TIRES,ETC.
FOLIO NO: 45907320000
VIOLATION ADDRESS: 1031 19TH ST SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/20/16
Investigator Patterson presented the case.
Evidence entered: Exhibit 1: 1 photo dated 11/25/15
Exhibit 2: 1 photo dated 6/2/16
The violation remains as of 6/2/16.
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 this case
on or before July 3, 2016.
2. Abate the violation by removing all unauthorized accumulation of litter from the property
to a site intended for disposal, or store said items in a completely enclosed structure by
June 10, 2016 or a fine of$100.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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 Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
10. CASE NO: CEPM20160000880
OWNER: WILHEM VILBON AND GABRIELE I. BECKER
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). POOL WATER IS BLACK IN COLOR AND
SEVERAL SCREENS ON THE POOL CAGE ARE RIPPED/TORN.
FOLIO NO: 80707507305
VIOLATION ADDRESS:242 MONTEREY DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/17/16
Investigator Connetta presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 1/20/16
Exhibit B: 1 photo dated 1/20/16
Exhibit C: 1 photo dated 3/22/16
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June 3, 2016
The violation remains as of 6/2/16.
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 in the prosecution of the case on or before
July 3, 2016.
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 or 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 June 10, 2016 or a fine of$250.00
per day will be imposed for each day the violation remains thereafter.
3. Obtain all required Collier County Building Permit(s)for the repairs of the screen on the
pool cage and required inspections and Certificate of Occupancy/Completion by June 18,
2016 or a fine of$250.00 per day will be imposed until the violation has been abated.
4. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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: $115.48
11. CASE NO: CEPM20160006034
OWNER: MICHAEL SLOVIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(I)AND 22-242. VACANT UNSECURED DWELLING WITH A
BROKEN WINDOW,ACCESS CAN BE GAINED INTO THE UNIT.
FOLIO NO: 36301720008
VIOLATION ADDRESS: 5231 19TH CT SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/17/16
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 4/4/16
Exhibit B: 1 photo dated 5/13/16
The violation remains as of 6/3/16
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$115.63 incurred by Code Enforcement during the
prosecution of the case on or before July 3, 2016.
2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections,
and Certificate of Completion/Occupancy by July 3, 2016 or a fine of$250.00 per day will
be imposed until the violation is abated.
3. Alternatively, if a boarding certificate is obtained and the structure is boarded by June 10,
2016 then the time required to complete the repairs, inspections, and Certificate of
8
June 3, 2016
Completion/Occupancy will be extended to and must be completed by December 3, 2016 or
a fine of$250.00 per(lay will be imposed until the violation is abated.
4. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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: $115.63
C. Emergency Cases:
None
VII. NEW BUSINESS (Continued)
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20150024494
OWNER: HENLEY PROPERTY INVEST LLLP
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). MOLD IN DWELLING.
FOLIO NO: 79904131844
VIOLATION ADDRESS: 8291 YASMINA WAY,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/17/16
Investigator Athey presented the case noting the violation has been abated but not in the
prescribed timeframe.
Abatement Date: 5/6/16
Special Magistrate Order: 4/1/16 No. 5265 Page: 518
Fine Amount: $250.00/day
Duration: 4/9/16— 5/6/16 (28 days)
Total Fine Amount: $7,000.00
Unpaid Operational Costs: $128.21
Total to Date: $7,128.21
The Respondents were not present..
Special Magistrate Garretson reported:
• The Respondent's representative Attorney John White sumbitted a letter dated June 2,
2016, requesting the fines be waived.
• He stated the Respondent is an overseas owner,the property is a residential rental and
was unaware of the violation as it was not reported by the Management Company.
• Once they were made aware of the violation they addressed it in a timely manner.
Special Magistrate Garretson expressed concern the issue was first reported by the tenant in
the Fall of 2015, and the owner became aware at the end of December, however the violation
was not abated until May. She found the item was a Health, Safety and Welfare issue and the
fines should be imposed.
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June 3, 2016
JFinding 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$7,128.21. Said
amount to become a lien on the property.
4. 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 A CHICKEE HUT.
FOLIO NO: 36451600007
VIOLATION ADDRESS: 2883 50TH TER SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/17/16
Date of Hearing Notice Property/Courthouse Posting: 5/17/16
The Respondents were not present.
Investigator Giannone presented the case noting the violation has not been abated.
Fine Amount: $100.00/day
Duration: 5/2/16 —6/3/16 (33 days)
Total Fine Amount: $3,300.00
Unpaid Operational Costs: $230.06
Total to Date: $3,530.06
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$3,530.06.
Said amount to become a lien on the property with fines continuing to accrue.
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.
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: July 1, 2016, at 9:00 A.M. located at the Collier County Government
Center, 3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida
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June 3, 2016
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 11:25 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
4,41
i enda Garre i n, Special Magistrate
The Minutes were proved by the Special Magistrate on c�vA I )0N,
as presented , or as amended
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