Loading...
CESM Minutes 06/01/2018 June 1, 2018 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 1, 2018 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 Investigations Danny Blanco, Code Enforcement Specialist 1 Co ier County Growth Management Department Code Enforcement Division Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 01, 2018 9:00 AM 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 II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES IV. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME V. STIPULATIONS VI. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20180007174-PR59268 OWNER: Lisa Brink OFFICER: Park Ranger K.Klas VIOLATIONS: Failure to display valid parking sticker PR 130-66. FOLIO NO: VIOLATION ADDRESS: NGSA Lot 2. CASE NO: CEEX20180006860-PU5395 OWNER: Taylor Morrison Esplanade Naples LLC OFFICER: R. Goldsboro VIOLATIONS: PU Backflow Tampering 134-62, Section 1.9. Back leg of the RPZ pulled out of ground and twisted outward, illegal tampering creating a Health,Safety,Welfare Issue. FOLIO NO: 31347552882 VIOLATION 9405 Terresina Dr.,Naples,FL ADDRESS: 3. CASE NO: CEEX20180007072-S0185603 OWNER: John C.Wolner OFFICER: Deputy D. Eliasek VIOLATIONS: Car in Fire Lane SO 130-66 FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: CEPM20180000353 OWNER: Naim Vuthaj OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(2). Breakage in kitchen plumbing pipe. FOLIO NO: 61736800005 VIOLATION 2255 Della Dr.,Naples,FL ADDRESS: 5. CASE NO: CELU20170005146 OWNER: 27th Pico Boulevard Limited Partnership OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03, Section 1.04.01(A), and Section 10.02.06(B)(1)(a). Environmental Turkey Solutions LLC has significantly increased the activity of composting, transfer, and processing of vegetative debris and is no longer in compliance with the December 2012 Zoning Certificate. Unpermitted structures were also observed, including but not limited to, (2) office type trailers, (2) shed type structures, and a canopy type structure. FOLIO NO: 00209240001 VIOLATION 16000 Immokalee Rd.,Naples,FL ADDRESS: 6. CASE NO: CEPM20180003726 OWNER: Robin Okolski OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 52399800008 VIOLATION 145 Capri Blvd.,Naples,FL ADDRESS: 7. CASE NO: CEPM20170019484 OWNER: Bradford Baldwin OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c) and 22-231(12)(n). Roof in disrepair, Carport in disrepair, exterior siding in disrepair. FOLIO NO: 49532640009 VIOLATION 23 Creek Cir.,Naples,FL ADDRESS: B. EMERGENCY CASES VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS 1• CASE NO: CENA20170013694 OWNER: Elias Valencia OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Weeds over 18 inches. FOLIO NO: 38101960008 VIOLATION 2930 70th ST SW,Naples,FL ADDRESS: 2. CASE NO: CESD20170015145 OWNER: Carlos A.Rojas PA OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged pool enclosure on the property without a valid Collier County permit that is required for the repairs or replacement. FOLIO NO: 55100800003 VIOLATION 255 Pine Valley Cir.,Naples,FL ADDRESS: 3. CASE NO: CEPM20170016043 OWNER: Rita Martino OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Private pool enclosure in disrepair. FOLIO NO: 53953720002 VIOLATION 304 Nason Ln.,Naples,FL ADDRESS: 4. CASE NO: CEOCC20170017438 OWNER: Tylinski Properties LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b). Operating a pottery business without first obtaining a valid Collier County business tax receipt. FOLIO NO: 60782160004 VIOLATION 11342 Tamiami Trl E,Naples,FL ADDRESS: 5. CASE NO: CESD20170001945 OWNER: Pelican Ridge of Naples Association Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Replaced railroad tie retaining wall with brick paver, retaining wall without obtaining a required Collier County Permits. FOLIO NO: 67390720004 VIOLATION 800 Meadowland Dr,BLDG 23 and 24,Naples, FL ADDRESS: VIII.OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER IX. 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. X. REPORTS XI. NEXT MEETING DATE -FRIDAY JULY 6,2018 AT 9:00 A.M. XII. ADJOURN June 1, 2018 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 9:00 AM. All those testifying at the proceeding did so under oath. 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. II. APPROVAL OF AGENDA Danny Blanco, Code Enforcement Specialist noted the following changes (listed below as Agenda: Under Item VI.A—Hearings, the following cases were moved to V. — Stipulations: • #2 - CASE NO: CEEX20180006860-PU5395 - Taylor Morrison Esplanade Naples LLC Under Item VI.A—Hearings, the following cases were withdrawn: • 1 - CASE NO: CEEX20180007174-PR59268 - Lisa Brink • 3 - CASE NO: CEEX20180007072-SO185603 - John C. Wolner • 4 - CASE NO: CEPM20180000353 -Naim Vuthaj • 5 - CASE NO: CELU20170005146 - 27th Pico Boulevard Limited Partnership • 6 - CASE NO: CEPM20180003726 - Robin Okolski • 7 - CASE NO: CEPM20170019484 - Bradford Baldwin Under Item VII.B —Motion for Imposition of Fines, the following case was moved to VII.A—Motion for Reduction Abatement of Fines: • 1 - CASE NO: CENA20170013694 - Elias Valencia Under VII.B —Motion for Imposition of Fines, the following case was withdrawn: • 2—CASE NO: 20170015145 —Carlos A. Rojas PA • 3 - CASE NO: CEPM20170016043 - Rita Martino • 4 - CASE NO: CEOCC20170017438 - Tylinski Properties LLC • 5 - CASE NO: CESD20170001945 - Pelican Ridge of Naples Association Inc. Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the May 4, 2018 Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None 2 June 1, 2018 V. STIPULATIONS 1. CASE NO: CEEX20180006860-PU5395 OWNER: Taylor Morrison Esplanade Naples LLC OFFICER: R. Goldsboro VIOLATIONS: PU Backflow Tampering 134-62, Section 1.9. Back leg of the RPZ pulled out of ground and twisted outward, illegal tampering creating a Health, Safety, Welfare Issue. FOLIO NO: 31347552882 VIOLATION ADDRESS: 9405 Terresina Dr.,Naples, FL Investigator Goldsboro requested the hearing. The Stipulation was entered into by the Respondent's representative Robert Bajgowicz on June 1, 2018. Simon Johns of Taylor Morrison and Tony Bargas, Vice President of VSI Construction were also present. Discussion ensued noting the issue is a repeat violation(3 times in 2017, 2 times in 2015 and 1 time in 2014) with the Mr. Bargas reporting his company actually committed the current violation because no water was available on site. A new policy has been implemented whereby no work will initiated until water is made available on site. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case, an Administrative Fee of$5.00 and a Civil Penalty of $5,000.00 for a total amount due of$5,055.00 payable before July 1, 2018. The Stipulation is subject to the Respondent providing an updated letter identifying the person of authority at Taylor Morrison granting Mr. Bajgowicz permission to represent them on their behalf. Total Amount Due: $5,055.00 VI. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CESD20170015145 OWNER: Carlos A. Rojas PA OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged pool enclosure on the property without a valid Collier County permit that is required for the repairs or replacement. FOLIO NO: 55100800003 VIOLATION ADDRESS: 255 Pine Valley Cir., Naples, FL Supervisor Mucha represented the County noting the violation has not been abated. He entered the following information into the record: Past Order(s): On January 5, 2018 the Special Magistrate issued a Finding of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered o correct the violation- OR 5475, PAGE 665. The violation has not been abated as June 1, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from May 6, 2018 to June 1, 2018 (27 days) for a total fine amount of$2,700,00 3 June 1, 2018 Fines continue to accrue Previously Assessed Operational Costs of$112.05 have been paid. Operational Costs for today's hearing: $111.80 Total Amount to date: $2,811.80 Maria Rojas was present and reported: • The area is cordoned off with construction fencing and the screen enclosure cannot be installed until some roof work is completed. • They have had trouble finding a contractor to complete the work at an acceptable cost given the market conditions due to Hurricane Irma. • The permits have now been issued and a contractor has been engaged to complete the work. Discussion ensued between the parties on the best avenue to resolve the issue given the permit has been issued and a contractor engaged to complete the work. Manager Letourneau withdrew the case. Recessed: 10:15 a.m. Reconvened: 10:38 a.m. VII. PUBLIC HEARINGS A. HEARINGS None VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES 1. CASE NO: CENA20170013694 OWNER: Elias Valencia OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Weeds over 18 inches. VIOLATION ADDRESS: 2930 70th ST SW,Naples, FL Officer Hoagboon presented the case. Date of Hearing Notice by Certified Mail: 5/18/18 Date of Hearing Notice Property/Courthouse Posting: 5/21/18 Mr. Valencia was not present but summitted the request in writing stating the violation had been abated and he lives out of the country and has arrranged regular service by a landscape maintenance contractor to prevent the violation from occuring in the future. Officer Hoabgoon entered the following information into the record: Past Order(s): On January 5, 2018 the Special Magistrate issued a Finding of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation- OR 5475, PAGE 661 for more information. The violation has been abated as of February 13, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$50.00 per day for the period from January 13, 2018 to February 13,2018 (31 days) for a total fine 4 June 1, 2018 amount of`$1,550.00 Previously Assessed Operational Costs of$111.85 have been paid. Operational Costs for today's hearing: $111.70 Lot Mowing Abatement costs incurred by the County in the amount of$100.00 have been paid Total Amount to date: $1,661.70 Special Magistrate Garretson, after reviewing the evidence and hearing the testimony DENIED the County's Motion for Imposition of Fines. B. MOTION FOR IMPOSITION OF FINES AND LIENS None IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None • B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None X. 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 XI. REPORTS None XII. NEXT MEETING DATE—JULY 6, 2018 at 9:00 a.m. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 10:44 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING P Adj. c -•n e a C. Garrets{ -, Special Magistrate • The Minutes were approved by the Special Magistrate on ()J (e I 1)'0 t1 , as presented , or as amended 5