CESM Minutes 08/03/2007
August 3, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, August 3, 2007
LET IT BE REMEMBERED, that the Collier County Special Magistrate in and
for the County of Collier, having conducted business herein, met on this date at
9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government
Complex, Naples, Florida, with the following members present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
Sue Chapin, Sec. to the Special Magistrate
STAFF PRESENT: Jeff Wright, Assistant Collier County Attorney
Carol Sykora, Code Enforcement Supervisor
Arlene Harper, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: August 3, 2007 at 8:30 A.M.
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center
Administrative Building "F", 3rd Floor
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.
r. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
II. APPROVAL OF AGENDA
A. Hearing rules and regulations
III. APPROVAL OF MINUTES - July 20, 2007
IV. MOTIONS FOR CONTINUANCE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS II 751
JESUS O. RANGEL & YOLANDA RANGEL
OFe. DANIELLE JERSY
ORD. 14-41 SEC. A(2)
MAIME OR DISFIGURE ANY ANIMAL
VIOLATION
ADDRESS: 4600 GOLDEN GATE P ARKW A Y
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS II 728
OMAR SHANNON ALBERT KEEYS & DIANN KEEYS
OFe. K. ZEITLER
ORD. 14-41 SEe. A(5)
DEPRIVE ANY ANIMAL OF SHELTER
VIOLATION
ADDRESS: 1811 19TH STREET SW
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS II 729
OMAR SHANNON ALBERT KEEYS & DIANN KEEYS
OFe. K. ZEITLER
ORD. 14-41 SEC. A(5)
DEPRIVE AN ANIMAL OF WATER OR SUFFICIENT QUANTITY
VIOLATION
ADDRESS: 181119THSTREETSW
4. CASE NO: PU 476
OWNER: LOUIS S. KIBSGARD TR
OFFICER: INV. DANNY CONDOMINA
VIOLATIONS: ORD. 02-17/90 SEe. 5.4/125
ILLEGAL IRRIGA TION
VIOLATION
ADDRESS: 143 MYRTLE ROAD
5. CASE NO: PU 2893
OWNER: ANADENIA LIY
OFFICER: INV. JEREMY FLORIN
VIOLATIONS: ORD. 05-54 SEe. 8
LITTER
VIOLATION
ADDRESS: 1950 48TH STREET SW
6. CASE NO: PU 2894
OWNER: ANADENIA LIY
OFFICER: INV. JEREMY FLORIN
VIOLATIONS: ORD. 05-54 SEe. 8
LITTER
VIOLATION
ADDRESS: 1950 48TH STREET SW
7. CASE NO: PU 2890
OWNER: LAKER INVESTMENT MGMT INC.
OFFICER: INV. JEREMY FLORIN
VIOLATIONS: ORD. 05-54 SEe. 8
LITTER
VIOLATION
ADDRESS: 4500 GOLDEN GATE PARKWAY
8. CASE NO: PU 3053
OWNER: ALKA TOTAL LIMITED PARTNERSHIP
OFFICER: INV. JEREMY FLORIN
VIOLATIONS: ORD. 05-44 SECS. 6,7 & 8
LITTER
VIOLATION
ADDRESS: 4472 31ST PLACE SW
9. CASE NO: PU 2914
OWNER: WILLIAM A. SWEENEY
OFFICER: INV. ALBERTO SANCHEZ
VIOLATIONS: ORD. 02-17 SECS. 5 & 5.4
ILEGAL IRRIGATION
VIOLATION
ADDRESS: 2260 VALENCIA LAKES CIRCLE
10. CASE NO: PU 2959
OWNER: ROBERTO BOLL T TR OF ORANGE TREE ASSOCIATION
OFFICER: INV. ALBERTO SANCHEZ
VIOLATIONS: ORD. 02-17 SECS. 5 & 5.4
ILEGAL IRRIGATION
VIOLATION
ADDRESS: 3141 ORANGE GROVE TRAIL
11. CASE NO: PU 2966
OWNER: MARVIN D. AREVALO & NANCY R. AREVALO
OFFICER: INV. ALBERTO SANCHEZ
VIOLATIONS: ORD. 05-44 SECS. 5,6,7 & 8
YARD WASTE NOT PROPERLY PREPARED AND CURBSIDE ON NON-
SCHEDULED PICK-UP DAY
VIOLATION
ADDRESS: 2001 55TH TERRACE SW #2
12. CASE NO: PU 2967
OWNER: MARVIN D. AREVALO & NANCY R. AREVALO
OFFICER: INV. ALBERTO SANCHEZ
VIOLA TIONS: ORD. 05-44 SECS. 19.C, 6,8
MATTRESSES ON CURBSIDE ON NON-SCHEDULED PICK-UP DAY
VIOLATION
ADDRESS: 2001 55TH TERRACE SW #2
13. CASE NO: PU 492
OWNER: SCOTT ALLAN
OFFICER: INV. MICHAEL ANDRESKI
VIOLATIONS: ORD. 02-17/90-125 SEC(S). 5
ILLEGAL IRRIGATION. WRONG TIME.
VIOLATION
ADDRESS: 1767 KNIGHTS COURT
14. CASE NO: 2007040391
OWNER: CYNTHIA S. BELL
OFFICER: INV. GLENN KARR
VIOLATIONS: ORD. 03-37 SEe. 5
GROWTH OF LANDSCAPE PLACED OR ALLOWED TO REMAIN IN PUBLIC
RIGHT OF WAY WITHOUT A VALID COLLIER COUNTY PERMIT
VIOLATION
ADDRESS: 1460 14TH AVE N
15. CASE NO: 2007060618
OWNER: MICHAEL D. GALLI
OFFICER: INV. GLENN KARR
VIOLATIONS: ORD. 04-41 SEe. 2.01.00B
STORAGE OF RECREATIONAL EQUIPMENT ON A DRIVEWAY IN A
RESIDENTIALLY ZONED PROPERTY
VIOLATION
ADDRESS: 176 PALM VIEW DR
16. CASE NO: 2007051078
OWNER: FRANCISCA ALAS
OFFICER: INV. REGGIE SMITH
VIOLATIONS: ORD. 04-41 SEe. 4.05.03(A)
VEHICLES PARKED ON GRASS IN FRONT YARD
VIOLATION
ADDRESS: 5240 FLORIDAN AVE
17. CASE NO: 20070II034
OWNER: JOSEPH M. NERO & JANICE M. NERO
OFFICER: INV. STEPHEN ATHEY
VIOLATIONS: ORD. 04-58 SEC. 7(5)
RENTAL REGISTRATION
VIOLATION
ADDRESS: 729 107TH AVE N
18. CASE NO: 20070II035
OWNER: JOSEPH M. NERO
OFFICER: INV. STEPHEN ATHEY
VIOLATIONS: ORD. 04-58 SEC. 7(5)
RENTAL REGISTRA TlON
VIOLATION
ADDRESS: 552 97TH AVE N
19. CASE NO: 2007010541
OWNER: JOSEPH M. NERO
OFFICER: INV. STEPHEN ATHEY
VIOLA TlONS: ORD. 04-58 SEe. 7(5)
RENTAL REGISTRATION
VIOLATION
ADDRESS: 400 FLAGSHIP DR
20. CASE NO: 2007050647
OWNER: FRANCIS P. LORD TR
OFFICER: INV. MARIO BONO
VIOLATIONS: ORD. 04-41 SEe. 5.02.03(1)
HOME OCCUPATION - STORAGE OF GOODS OR PRODUCTS
VIOLATION
ADDRESS: 3139 CALEDONIA AVE
21. CASE NO: 2007060377
OWNER: EXANTE FILS-AIME & NOL TINE ALEXANDRE
OFFICER: INV. CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY LCD SEC(S). 2.01.00(A) & 4.05.03(A)
ABANDONED-INOPERABLEIUNT AGGED VEHICLE
VIOLATION
ADDRESS: 2821 47TH TER SW
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007010272
MAXINE & AMETIDE EXANTUS
INV. CARMELO GOMEZ
ORD. 04-41 AS AMENDED SEe. 2.01.00 (A), 1.04.01,2.02.03
INOPERABLE / UNT AGGED VEHICLE PARKED ON RESIDENTIALLY ZONED
PROPERTY.
VIOLATION
ADDRESS: 5400 29TH PL SW
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006080856
JON DAVIS & WENDY DAVIS
INV. EVERILDO YBACETA (INV. CAROL SYKORA)
ORD. 04-41 SEe. 2.01.00(B)
RECREATIONAL VEHICLE IN FRONT YARD.
VIOLATION
ADDRESS: 3056 VAN BUREN AVE
5.
6.
3.
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006060327
JON DAVIS & WENDY DAVIS
INV. EVERILDO YBACETA (lNV. CAROL SYKORA)
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES
VIOLATION
ADDRESS: 3056 V AN BUREN AVE
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006080378
CAROL L. CANOVA
INV. CRISTINA PEREZ
ORD. 04-41, SEe. 2.01.00(A)
INOPERABLE/UNT AGGED VEHICLES
VIOLATION
ADDRESS: 1605 CARSON ROAD
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007010535
CARMEN V ASALLO
INV. THOMAS KEEGAN
ORD. 2004-41, SEe. 2.01.00(C)
RECURRING OFFENSE - COMMERCIAL VEHICLE PARKED AND STORED ON
RESIDENTIALL Y ZONED PROPERTY.
VIOLATION
ADDRESS: 1013 NEW MARKET ROAD W
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006II0409
CARMEN V ASALLO
INV. THOMAS KEEGAN
ORD. 2005-44, SEe. 6, 7, AND 8
LITTER ON PROPERTY CONSISTING OF BUT NOT LIMITED TO EXCESSIVE
AMOUNTS OF WOOD AND ALUMINUM MATERIALS.
VIOLATION
ADDRESS: 1013 NEW MARKET ROAD W
VII. OLD BUSINESS
IX. REPORTS
VIII. CONSENT AGENDA
X. NEXT MEETING DATE: August 17, 2007
XI. ADJOURN
August 3, 2007
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson
at 9:00 AM. All those testifying at this proceeding today did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special
Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents
were given an opportunity to speak with their Investigating Officer for a Resolution
by Stipulation; looking for compliance without being punitive.
RECESS: 9:15 AM
RECONVENED: 9:35 AM
II. APPROVAL OF AGENDA
Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes:
(a) The following cases were WITHDRAWNby the County due to payment of fines:
. Case # 2006080856 - BCC vs. Jon Davis and Wendy Davis
. Case # 2006060327 - BCC vs. Jon Davis and Wendy Davis
. Case # 2006080378 - BCC vs. Carol L. Canova
(b) The address in Case # PU 2893 and Case # PU 2894 - BCC vs. Anadenia Liy was
corrected to 1940 48th Street SW, Naples, Florida.
Sue Chapin, Secretary to the Special Magistrate, announced that Stipulations were reached
in the following cases:
. Case # PU 2890 - BCC vs. Laker Investment Management, Inc.
. Case # 2007060618 - BCC vs. Michael D. Galli
· Case # 2893 - BCC vs. Anadenia Liy
· Case # 2007051078 - BCC vs. Francisca Alas
The Special Magistrate approved the Agenda as amended, subject to changes made during
the course of the Hearillg at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES
The Minutes of the Hearing held on July 6, 2007 were reviewed by the Special Magistrate
and approved as submitted.
IV. MOTION(S) FOR CONTINUANCE
Case # 2007040391 - BCC vs. Cynthia S. Bell: A written Request for a
Continuance was submitted by the Respondent. Investigator Glenn Karr stated the County
opposed granting a Continuance in this case.
2
August 3, 2007
The Special Magistrate stated she would allow only one Continuance in this case and the case
should be scheduled for the next Hearing date.
The Special Magistrate GRANTED the Request for a Continuance.
V. PUBLIC HEARINGS
A. Stipulations:
7. Case # PU 2890 - BCC vs. Laker Investment Manal!ement, Inc.
The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin
who was present.
The Respondent was not present.
Violation(s): Ordinance 05-44, Section 8
Litter
Address of violation: 4500 Golden Gate Parkway, Collier County
A Stipulation was agreed to by Respondent.
Investigator Florin stated the Stipulation had been agreed to via a phone conversation
with the Respondent's representative, Jerome McLean.
Finding the Notice of Hearing had beell properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay citation fees of $315. 00
($105.00 each for three Citations), and Operational Costs in the amount of$50.00
incurred durillg the prosecution of this case on or before September 4,2007.
5. Case # PU 2893 - BCC vs. Anadenia Liv
The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin
who was present.
The Respondent had been present earlier and entered into a Stipulation, but left before
the Hearing could be heard.
Violation(s): Ordinance 05-44, Section 8
Litter
Address of violation: 1940 48th Street, Collier County
A Stipulation was agreed to by the Respondent.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a citation fee of $105.00,
and Operational Costs in the amount of $50. 00 incurred during the prosecution of
this case on or before September 4,2007.
3
August 3, 2007
15. Case # 2007060618- BCC vs. Michael D. Galli
The Hearing was requested by Collier County Code Enforcement Investigator Glenn
Karr who was present.
The Respondent was present.
Violation(s): Ordinance 04-41, Section 2.01.00(B)
Storage of recreational equipment on a driveway in excess
of the limited 6 hours during a 7-day period
Address of violation: 176 Palm View Drive, Collier County
A Stipulation was agreed to by the Respondent.
The Investigator stated the recreational vehicle was stored in a driveway beyond the
allotted time limit.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine of$IOO.OO on
or before September 4, 2007, unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of $224.73
incurred during the prosecution of this case on or before September 4,2007.
16. Case # 2007051078 - BCC vs. Francisca Alas
The Hearing was requested by Collier County Code Enforcement Investigator Reggie
Smith who was present.
The Respondent was represented by her son, Edwin Alas.
Code Enforcement Investigator Cristina Perez served as translator.
Violation(s): Ordinance 04-41, Section 4.05.03(A)
Vehicles parked on grass in front yard
Address of violation: 5240 Floridan Avenue, Naples, Florida 34113
A Stipulation was agreed to by the Respondent's son on behalf of his mother, Francisca
Alas.
The Investigator stated the violation(s) had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation did
exist but had been CORRECTED prior to today's Hearing, the Respondent was found
GUILTY of the alleged violation(s).
The Respondent was ordered to pay Operational Costs in the amount of $214.42
incurred during the prosecution of this case on or before September 4, 2007.
V. PUBLIC HEARINGS
B. Hearin!!s:
4
August 3, 2007
13. Case # PU 492 - BCC vs. Scott Allan
The Hearing was requested by the Respondent, Scott Allan, who was present.
Collier County Public Utilities Investigator Michael Andreski was also present.
Dustin Neismith and Ralph Carter were present as witnesses for the Respondent.
Violation(s): Ordinance 02-17/90-125, Section 5
Illegal irrigation, wrong time
Address of violation: 1767 Knights Court, Collier County
The Investigator stated the Respondent had been watering his lawn outside of the
allowed time zone. He introduced photographs which were marked as Composite
County Exhibit "A" and admitted into evidence.
The Respondent stated he and his brother, Scott Allan, own the property jointly.
He further stated he had installed new sod and was allowed to water it outside of the days
permitted by Ordinance. The witness, Dustin Neismith, testified he had assisted
the Respondent with the project and they were in the process of checking the sprinkler
heads when the citation was issued.
The witness, Ralph Carter, stated the Respondent had helped him adjust the sprinkler
heads on his own property and stated it was a lengthy process.
The Respondent presented a photograph to the Court which was marked as Respondent
Exhibit "1" and admitted into evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
NOT GUILTY of the alleged violation(s).
2. Case # DAS 11728 - BCC vs. Omar Shannon Albert Keevs and Diann Keevs and
3. Case # DAS 11729 - BCC vs. Omar Shannon Albert Keevs and Diann Keevs
The Hearing was requested by the Respondent, Diann Keeys, who was present.
Collier County Department of Animal Services Investigator K. Zeitler was also present.
Violation(s): (# DAS 11728) Ordinance 14-41, Section A(5)
Deprive an animal of shelter
(# DAS 11729) Ordinance 14-41, Section A(5)
Deprive an animal of water or sufficient quantity of water
Address of violation: 1811 19th Street SW, Collier County
The Respondent stated she and her husband were the owners of the property. Her son,
Omar Shannon Albert Keeys, had only signed the citation.
The Respondent stated she did not understand the charge of lack of shelter for the dogs
since they were kept primarily in the house or on the lanai. She introduced several
photographs which were marked as Respondent Exhibits" I" through "8" and were
admitted into evidence. One of the photographs pictured a crate with covering where
the dogs were kept while in the yard.
5
August 3, 2007
The Investigator introduced a photograph which was marked as County Exhibit "A" and
admitted into evidence. This photograph pictured a dog in a harness chained to a tree
without shade.
The Investigator further stated that water buckets should be buried into ground by 2 to 3
inches to prevent them from being tipped over. He stated using small bowls was
ineffective since they were easily tipped and the water would then be lost.
Finding the Notice of Hearing had been properly served; the Respondents were found
NOT GUILTY of the alleged violation(s} in Case # DAS 11728.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s} in Case # DAS 11729, and were ordered to pay a
civil fine of $250. 00, together with a citation fee of $7.00, on or before September 4,
2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational Costs in the amount of $50. 00
incurred during the prosecution of this case on or before September 4,2007.
20. Case # 2007050647 - BCC vs. Francis P. Lord Trust
The Hearing was requested by Collier County Code Enforcement Investigator Mario
Bono, who was present.
The Respondent, Ronald Lord, was also present
Violation(s): Ordinance 04-41, Section 5.02.03(I)
Home occupation - storage of goods or products
Address of violation: 3139 Caledonia Avenue, Collier County
The Respondent stated the property is owned by a living trust, and that Francis P. Lord is
his father.
The Investigator introduced ten photographs which were marked as County Exhibits "A"
through "J" and admitted into evidence.
The Respondent stated that the address is considered to be his terminal, as well as his
home, and parking his truck is allowed per Federal regulation.
Assistant County Attorney Jeff Wright stated there was no conflict between the Federal
regulation and the Florida Ordinance because the issue concerned storage of the vehicle,
not access to it.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s} and was ordered to remove all litter to an
appropriate disposal site on or before August 10,2007, or afine of $150. 00 per day
would be imposed for each day the violation(s} remained thereafter, and the
Respondent was ordered to remove the commercial vehicle or to obtain appropriate
6
August 3, 2007
coverage for the vehicle on or before August 10, 2007, ofafine of$100.00 per day
would be imposed for each day the violation(s) remained thereafter, and the
Respondent was allowed to cover the pavers by a secured tarp on or before
August 10,2007, until installation of the walkway has been completed on or before
August 10,2007 unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of$220.60
incurred during the prosecution of this case on or before September 4,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a work
day to concur the violation(s) had been abated.
The Investigator further stated that if there were to be a repeat of these violations, the
County could recommend suspension of the Respondent's occupational license.
1. Case # DAS 11751 - BCC vs. Jesus O. Ranl!el and Yolanda Ranl!el
The Hearing was requested by the Respondent, Jesus Rangel, and his mother, Yolanda
Rangel, who were present.
Collier County Department of Animal Services Investigator Danielle Jersy was also
present.
Collier County Code Enforcement Investigator Carmelo Gomez served as interpreter.
Violation(s): Ordinance 14-41, Section A(2)
Maim or disfigure any animal
Address of violation: 4600 Golden Gate Parkway, Collier County
The Investigator stated a large lizard (or Iguana) had been shot by the Respondent using
a "88" gun. The Investigator introduced photographs which were marked as Composite
County Exhibit "A" and admitted into evidence.
The Respondent, Yolanda Rangel, admitted her son killed the animal, and requested
additional time to pay whatever fine was imposed since her husband was not currently
employed on a full-time basis. The Respondent, Jesus Rangel, a minor, was performing
community service.
Finding the Notice of Hearing had been properly served, the Respondents were
found GUILTY of the alleged violation(s) and were ordered to immediately confiscate
the "BB" gun from possession of the minor; the Respondents were ordered to repair
the hole in the screen on or before August 8, 2007, and the Respondents were ordered
to pay a civil fine of $250.00, together with a citation fee of$7.00, on or before
February 3,2008, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondents were ordered to pay Operational Costs in the amount of$50.00
incurred during the prosecution of this case on or before February 3, 2008.
The Respondents were ordered to notifY the Investigator within 24 hours of a work
day to concur the violation(s) had been abated.
7
August 3, 2007
RECESS: 11:31 AM
RECONVENED: 11:46 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2007010272 - Maxine & Ametide Exantus
The County was represented by Collier County Code Enforcement Supervisor Carol
Sykora.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00 (A), 1.04.01, and 02.02.03
Inoperable/untagged vehicle parked on residentially zoned property
Address of violation: 5400 29th Place SW, Collier County
The County requested payment of Operational Costs of$147.68, and fine of$500.00 for
a total amount of$647.68.
The Special Magistrate GRANTED the County's motion for the imposition offines in
the total amount of$647.68 (including Operational Costs).
The Respondent was ordered to pay this fine on or before November 3, 2007, or the
County would proceed with enforcement of the lien.
V. PUBLIC HEARINGS
A. Stipulations:
10. Case # PU 2959 - BCC vs. Roberto Bollt, Trustee of Oranl!e Tree Association
The Hearing was requested by Collier County Public Utilities Senior Investigator Ray
Addison, who was present.
The Respondent's representative had been present earlier and entered into a Stipulation,
but left before the Hearing could be heard.
Violation(s): Ordinance 02-17, Section 5 and 5.4
Illegal irrigation, wrong time
Address of violation: 3141 Orange Grove Trail, Collier County
A Stipulation was agreed to by Kim Retallick on behalf of Roberto Bollt, as Trustee of
the Orange Tree Association, Respondent.
The Investigator stated Kim Retallick was employed by Orange Tree Association and
appeared on behalf of Mr. Bollt.
The Investigator stated the violation(s) had been abated.
8
August 3, 2007
Finding the Notice of Hearing had been properly served, and finding the violation did
exist but had been CORRECTED prior to today's Hearing, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine of$160.00 on or
before September 4, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50. 00 incurred
during the prosecution of this case on or before September 4, 2007.
V. PUBLIC HEARINGS
B. Hearinl!s:
11. Case # PU 2966 - BCC vs. Marvin D. Arevalo and N ancv R. Arevalo and
12. Case # PU 2967 - BCC vs. Marvin D. Arevalo and Nancv R. Arevalo
The Hearing was requested by Collier County Public Utilities Senior Investigator Ray
Addison who was present.
Respondent, Marvin D. Arevalo, was present on behalf of himself and his wife, Nancy
R. Arevalo.
Violation(s): (# PU 2966) Ordinance 05-44, Sections 5, 6, 7 and 8
Yard waste not properly prepared and curbside on non-scheduled
pick-up day
(# PU 2967) Ordinance 05-44, Sections 19(C), 6, and 8
Mattresses on curbside on non-scheduled pick-up day
Address of violation: 2001 55th Terrace SW, #2, Collier County
The Respondent stated that he and his wife own a four-plex and the tenants have caused
the litter problems. The Respondent further stated the violations have been abated.
The Investigator stated the Collier County Appraiser's office did not have the correct
home address for the Respondent.
Finding the Notice of Hearing had been properly served, and finding the violation did
exist but had been CORRECTED prior to today's Hearing, the Respondents were found
GUILTY of the alleged violation(s) and was ordered to pay afine of$105.00for each
Case, or a total of $210. 00, on or before September 4,2007.
The Respondent was ordered to pay Operational Costs in the amount of $25.00, or a total
of $50, for each Case incurred during the prosecution of this case on or before
September 4, 2007.
4. Case # PU 476 - BCC vs. Louis S. Kibsl!ard Trust
The Hearing was requested by Collier County Public Utilities Senior Investigator Ray
Addison, who was present.
The Respondent was not present.
Violation(s): Ordinance 02-17/90, Section 5.4/125
Illegal irrigation, wrong time
9
August 3, 2007
Address of violation: 143 Myrtle Road, Collier County
The Special Magistrate reviewed the letter which the Respondent sent explaining that he
used water from his pond to irrigate his property, and was unaware of any "Phase II"
since he resided in Michigan from May through November each year.
The Special Magistrate stated that a property owner is responsible to keep apprised of
changes affecting his property.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $80. 00 on
or before September 4, 2007, unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of $50.00 incurred
during the prosecution of this case on or before September 4,2007.
8. Case # PU 3053 - BCC vs. Alkatotal Limited Partnership
The Hearing was requested by Collier County Public Utilities Senior Investigator Jeremy
Florin, who was present.
The Respondent was not present.
Violation(s): Ordinance 05-44, Sections 6, 7 and 8
Litter
Address of violation: 4472 31" Place SW, Collier County
The Investigator stated he had spoken to the daughter ofthe owners of the property. He
stated the Notice of Violation has been posted at the property and the Courthouse.
Finding the Notice of Hearing had been properly served, the Respondent was
found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of
$105.00 on or before September 4, 2007, unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of $50. 00
incurred during the prosecution of this case on or before September 4, 2007.
6. Case # PU 2894 - BCC vs. Anadenia Liv
The Hearing was requested by Collier County Public Utilities Senior Investigator Jeremy
Florin, who was present.
The Respondent had been present earlier, but left before the Hearing could be heard.
Violation(s): Ordinance 05-45, Section 8
Litter
Address of violation: 1940 48th Street, Collier County
The Special Magistrate DISMISSED this case pursuant to the County's request.
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August 3, 2007
9. Case # PU 2914- BCC vs. William A. Sweenev
The Hearing was requested by the Respondent, who was not present.
Collier County Public Utilities Senior Investigator Ray Addison was present.
Violation(s): Ordinance 02-17, Sections 5 and 5.4
Illegal Irrigation
Address of violation: 2260 Valencia Lakes Circle, Collier County
The Investigator stated the Notice of Violation had been posted at both the property and
the Courthouse. He also stated the Respondent had received five previous citations but
none have been paid. He further stated that this is a recurring health and safety issue.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to cease to pay a civil penalty of
$205.00 on or before September 4,2007 thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of $50.00
incurred during the prosecution of this case on or before September 4,2007.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case # 2007010535 - BCC vs. Carmen Vasallo
The County was represented by Collier County Code Enforcement Supervisor, Carol
Sykora. Code Enforcement Investigator Thomas Keegan was also present.
The Respondent was not present.
Violation(s): Ordinance 04-41, Section 2.01.00 (C)
Recurring Offense - Commercial vehicle parked and stored on
residentially zoned property
Address of violations: 1013 New Market Road W., Collier County
The County requested payment of outstanding Operational Costs of$114.76.
The Special Magistrate GRANTED the County's motion for the imposition offines
in the total amount of $114.76.
The Respondent was ordered to pay this fine on or before November 4, 2007, or the
County would proceed with enforcement of the lien.
6. Case # 2006110409 - BCC vs. Carmen Vasallo
The County was represented by Collier County Code Enforcement Supervisor, Carol
Sykora. Code Enforcement Investigator Thomas Keegan was also present.
The Respondent was not present.
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August 3, 2007
Violation(s): Ordinance 05-44, Sections 6, 7 and 8
Litter on property consisting of but not limited to excessive amount of
wood and aluminum materials
Address of violation: 1013 New Market Road W., Collier County
The County requested payment of Operational Costs of $176.53 and fines of $8,900
for the period from April 28, 2007 through July 27,2007 ($ I OO/day for 89 days), for a
total amount of$9,076.53.
The Special Magistrate GRANTED the County's motion for the imposition offines
in the total amount of $9,076.53 (including Operational Costs).
The Respondent was ordered to pay this fine on or before November 4,2007, or the
County would proceed with enforcement of the lien.
V. PUBLIC HEARINGS
B. Hearin!!s:
17. Case # 2007011034 - BCC vs. Joseph M. Nero and Janice M., Nero
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey, who was present.
The Respondents were not present.
Violation(s): Ordinance 04-58, Section 7(5)
Rental Registration
Addresses of violations: 729 lO7'h A venue N., Collier County
The Investigator stated the Respondents have not paid the Rental Registration for the past
two years. The Investigator also stated the Respondents had been notified via certified
mail and proof of delivery had been supplied by the U.S. Postal Service.
Finding the Notice of Hearing had been properly served, the Respondents were
found GUILTY of the alleged violation(s) and were ordered to either cancel the
rental property or immediately register the property with Collier County and to
pay all late fees in the amount of $200.00 on or before August 24, 2007 or a fine
of $25. 00 per day would be imposed for each day the violation(s) remained thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational Costs in the amount of$237.89
incurred during the prosecution of this case on or before September 4,2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a work
day to concur the violation(s) had been abated.
18. Case # 2007011035 - BCC vs. Joseph M. Nero
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey, who was present.
The Respondent was not present.
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~"--'---'---"+~----~.._-,---~--~._._-_.,--
August 3, 2007
Violation(s): Ordinance 04-58, Section 7(5)
Rental Registration
Addresses of violations: 552 97'h Avenue N., Collier County
The Investigator stated the Respondent has not paid the Rental Registration for the past
two years. The Investigator further stated the Respondent had been notified via certified
mail and proof of delivery had been supplied by the U.S. Postal Service.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s} and were ordered to either cancel the rental
Registration or to immediately register this property with Collier County and to pay
all late fees in the amount of $200. 00 on or before August 24,2007 or afine of$25.00
per day would be imposed for each day the violation(s} remained thereafter, unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs in the amount of $239.28 incurred
during the prosecution of this case on or before September 4,2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a work
day to concur the violation(s} had been abated.
19. Case # 2007010541- BCC vs. Joseph M. Nero
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey, who was present.
The Respondents were not present.
VioIation(s): Ordinance 04-58, Section 7(5)
Rental Registration
Addresses of violations: 400 Flagship Drive, Collier County
The Investigator stated the Respondent has not paid the Rental Registration for the past
two years. The Investigator further stated the Respondent had been notified via certified
mail and proof of delivery had been supplied by the U.S. Postal Service.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s} and were ordered to cancel the rental registration
or to immediately register this property with Collier County and to pay all late fees in
the amount of $200. 00 on or before August 24,2007 or afine of $25. 00 per day would
be imposed for each day the violation(s} remained thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operatiollal Costs in the amount of $239.28
incurred during the prosecution of this case on or before September 4, 2007.
The Respondent was ordered to notify the Investigator within 24 hours of a work
day to concur the violation(s} had been abated.
21. Case # 2007060377 - BCC vs. Exante Fils-Aime and Noltine Alexandre
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez, who were present.
The Respondents were not present.
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August 3, 2007
Violation(s): Collier County LDC, Sections 2.01.00 (A) and 1.04.01, and 2.02.03 (A)
Inoperable/Untagged vehicle parked on residentially zoned property
Address of violation: 2821 47th Terrace SW, Naples, Florida 34116
The Investigator introduced two photographs which were marked as County Exhibit "A"
and Exhibit "Boo and introduced into evidence. He further stated the property had been
posted as well as the Courthouse.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to repair the vehicle so it is
Operable and to obtain a current license plate for the vehicle, or to store the vehicle
in a completely enclosed structure, or to remove the vehicle from the premises on or
before August 10,2007, or afine of $50. 00 per day would be imposed for each day
the violation(s) remained thereafter. The Respondents were ordered to park the
vehicle on a stabilized surface or afine of $50. 00 per day would be imposed for each
day the violation(s) remained thereafter. If Respondents were unable to abate the
violations within the time allotted, the County would be authorized to abate the
violation and assess the costs to the Respondents.
The Respondents were ordered to pay Operational Costs in the amount of $241.00
incurred during the prosecution of this case on or before September 4, 2007.
The Respondents were ordered to notify the Investigator within 24 hours of a work
day to concur the violation(s) had been abated.
VII. OLD BUSINESS
VlII. CONSENT AGENDA - None
IX. REPORTS - None
X. NEXT MEETING DATE -August 17, 2007
There being no further business for the good of the County, the Hearing was adjourned by order
of the Special Magistrate at 12:40 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended
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