CESM Minutes 11/16/2007
November J 6, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, November 16, 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, and the following persons were present:
SPECIAL MAGISTRATE:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
STAFF PRESENT:
Jeff Wright, Assistant Collier County Attorney
Patti Petrulli, Code Enforcement Investigative Supervisor
Arlene Harper, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: November 16,2007 at 9:00 A.M.
Location: 330 I 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.
1. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
a. Hearing rules and regulations
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES - November 2, 2007
4. MOTIONS
a. Motion for Continuance
b. Motion to Stay tbe Order of the Special Magistrate
1.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006060712
.JAMES DONOVAN & CATHY DONOVAN
lNV. JOE MUCHA
ORD. 04-41 AS AMENDED SECS. 10.02.06(B)(I)(A), 10.02.06(B)(I)(E), COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, SECTION 22, ARTICLE II,
SUBSECS. 104.1.3.5 AND THE LAND DEVELOPMENT CODE SEe. 9.03.03(B)(2)
BUILDING PERMITS
VIOLATION
ADDRESS: 200 TAHITI CIR
c. Motion to Dismiss
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007050605
COBB CORP LAND TRUST UTD DATED 10/13/05
INV. CHRISTOPHER AMBACH
ORD. 04-41 SEe. I 0.02.06(B)( I )(A) & 106. 1.2
BUILDING PERMITS
VIOLA TION
ADDRESS:
182 SUNSET CAY
5. PUBLIC HEARINGS
a. Stipulations
b. Hearings
1. CASE NO: 2007050605
OWNER: COBB CORP LAND TRUST UTD DATED 10/13/05
OFFICER: INV. CHRISTOPHER AMBACH
VIOLATIONS: ORD. 04-4 I SEC. I 0.02.06(B)( I )(A) & 106.1.2
BUILDING PERMITS
VIOLA TION
ADDRESS: 182 SUNSET CA Y
2. CASE NO: 2007090255
OWNER: DAVID ALLEN & SUSAN E. ALLEN
OFFICER: INV. GLENN KARR
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.0 I.OO(A)
INOPERABLE/UNT AGGED VEHICLE(S)
VIOLATION
ADDRESS: 171 FLAME VINE DR
3. CASE NO: 2007090050
OWNER: BERNARD HAYWOOD & PATRICIA HAYWOOD
OFFICER: INV. CARMELO GOMEZ
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 1O.02.06(B)(!)(A)
BUILDING PERMITS
VIOLATION
ADDRESS: 3095 47TH ST SW
4. CASE NO: 2007040797
OWNER: DANIEL CHRISTIE
OFFICER: INV. AZURE SORRELS
VIOLATIONS: ORD. 04-58 SEe. 6 SUBSECS. l2F, 12G, l2H, 121, I2N & 15
PROPERTY MAINTENANCE AND HOUSING
VIOLA TION
ADDRESS: 31 OCHO RIOS ST
5. CASE NO: 2007080321
OWNER: .JON C. HARMONY & NANCY B. HARMONY,
CONSTANCE HARMONY REV TR
OFFICER: INV. AZURE SORRELS
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(B)
RECREATIONAL VEHICLE(S)
VIOLA TION
ADDRESS: 402 GRENADA AVE - FOLIO #52450880006
2
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2007010799
CARLOS PIO & MELVA PIO
INV. MICHELLE SCAVONE
ORD. 04-41 AS AMENDED SECS. 1O.02.06(B)(!)(E), 1O.02.06(B)(I)(E)(I) AND
FLORIDA BUILDING CODE 2004 SEC. 105.1
BUILDING PERMITS
VIOLATION
ADDRESS: 3160 4TH ST NW
2006070610
WENDY 1.. WELCH
INV. MICHELLE SCAVONE
ORD. 04-41 AS AMENDED SECS. 1O.02.06(B)(!)(A), 1O.02.06(B)(!)(E),
1002.06(B)(! )(E)(I), COLLIER COUNTY CODE OF LA WS AND ORDINANCES
SECTION 22, ARTICLE II, SEe. 104.1.3.5 AND FLORIDA BUILDING CODE 2004
SEC. 105.1, 105.7
BUILDING PERMITS
VIOLATION
ADDRESS: 4260 6TH AVE NE
2005110400
MARIO ALBERTO GARCIA
INV. JOHN SANTAFEMIA
ORD. 04-58 SEC. 6 SUBSECS. 1-6,8-1 I, 12B, 12C, 121, 12J, 12K, 12L, 12M, 12N,
120, 12P,12R, 19A, I9B, 19D & 20
MINIMUM HOUSING
VIOLATION
ADDRESS: 1801 GRANT AVE
2007080627
LUIS BARRIOS & DIANA P. GONZALEZ
INV. JOHN SANTAFEMIA
ORD. 04-58 SEC. 6 SUBSECS. I, II, 12B, 12D, 121, 12M, 12N, 120, 12P, 19A, 19B,
19D & 20
MINIMUM HOUSING
VIOLATION
ADDRESS: 5437 27TH PL SW
10. CASE NO: 2007050335
OWNER: ROILAN PEREZ DEL VAL
OFFICER: INV. CRlSTINA PEREZ
VIOLA TIONS: ORD. 04-58 SEC. 6 SUB SEC. 15
POOL PROPERTY MAINTENANCE
VIOLATION
ADDRESS: 2946 45TH AVE NE
II. CASE NO: 2007070657
OWNER: GENE CHIN .JAUW KONG
OFFICER: INV. CRISTINA PEREZ
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A)
lNOPERABLEIUNTAGGED VEHICLE(S)
VIOLA TION
ADDRESS: 2390 39TH AVE NE
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
3
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100021
HECTOR MOTlNO
INV. THOMAS KEEGAN
ORD. 04-4 I AS AMENDED SEC. 4.05.03(A)
REPEAT VIOLA TION OF VEHICLES PARKEDISTORED ON GRASS ON
RESIDENTIALLY ZONED PROPERTY
VIOLATION
ADDRESS: 4012 ROSE AVE - FOLIO #67490240002
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100198
.JOSE A. ORTEGA
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED SEC. 2.01.00(A)
REPEAT VIOLA TION OF INOPERABLEIUNT AGGED VEHICLE(S)
VIOLATION
ADDRESS: 3107 KAREN DR - FOLIO #6 1839840001
c. Emergency Cases:
6. NEW BUSINESS
a. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2005031306
.JOSE ORTEGA
INVESTIGATIVE SUPERVISOR PATTI PETRULLI
ORD. 04-41 AS AMENDED SECS. 1.04.01,2.01.00 & 4.05.03
UNLlCENSEDIINOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 3085 KAREN DR
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005031307
.JOSE ORTEGA
INVESTIGATIVE SUPERVISOR PATTI PETRULLI
ORD. 99-51 SEe. 7
LITTER
VIOLATION
ADDRESS: 3085 KAREN DR
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2007020758
.JOSE ORTEGA
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED SEe. 2.01.00(A)
UNLlCENSEDIINOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 3085 KAREN DR
4
4. CASE NO: 2006070300
OWNER: JOSE ORTEGA
OFFICER: INV. HEINZ BOX
VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 2.0 I.OO(A)
UNLlCENSED/INOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 3107 KAREN DR
5. CASE NO: 2006120146
OWNER: ALBERT FORERO
OFFICER: INV. HEINZ BOX
VIOLATIONS: ORD. 04-41 AS AMENDED SECS. 10.02.06(B)(!)(A), 1O.02.06(B)(!)(D),
I 0.02.06(B)( I )(D)(I)
BUILDING PERMITS
VIOLATION
ADDRESS: 2839 POINCIANA ST
6. CASE NO: 2006120371
OWNER: MELQUIADES SEGURA & MARIA SEGURA
OFFICER: INV. THOMAS KEEGAN
VIOLATIONS: ORD. 04-41 AS AMENDED, SEC. 2.01.00(A)
UNLlCENSEDIINOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 612 JEFFERSON AVE W
7. CASE NO: 2007030831
OWNER: DANIEL REBECA
OFFICER: INV. THOMAS KEEGAN
VIOLA TIONS: ORD. 05-44 SEC. 6, 7 & 8
LITTER
VIOLATION
ADDRESS: 2653 V AN BUREN AVE
8. CASE NO: 2007070060
OWNER: EDUARDO RODRIGUEZ
OFFICER: INV. THOMAS KEEGAN
VIOLA TIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A)
UNLlCENSED/INOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 4718 ALLADIN LN
9. CASE NO: 2005060637
OWNER: GARY MURPHY & DIANE MURPHY
OFFICER: INV. RONALD MARTINDALE
VIOLATIONS: ORD. 02-0 I SECS. 103.11 & 103. I 1.2
POOL WITHOUT ENCLOSURE
VIOLATION
ADDRESS: 730 GLENDALE AVE
5
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006050820
.JOHN A. PIPER
INV. JOHN SANTAFEMIA
ORD. 04-58 SEC. 6 SUBSECS. II, 12B, 12C, 12F, 12G, 12H, 121,12M, 12P, 12R, 17,
19A, 19B, 19C, 19D
PROPERTY MAINTENANCE
VIOLATION
ADDRESS: 440 GOLDEN GATE BLVD W
11. CASE NO: 2007030355
OWNER: RONALD E. DIMMER, ROXANNE GROTELUESCHEN & WENDY
HERRIGES
OFFICER: INV. STEPHEN A THEY
VIOLATIONS: ORD. 04-41 AS AMENDED SECS. 10.02.06(B)(I)(A), IO.02.06(B)(!)(E) &
I 002.06(B)(1 )(E)(I)
BUILDING PERMITS
VIOLATION
ADDRESS: 684 104TH AVE N
12.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2007030266
RICARDO MONTPELLER ACOSTA
INV. RENALD PAUL
ORD. 04-41 SEC. 5.03.02A(3)
DAMAGED FENCE ON PREMISES
VIOLATION
ADDRESS: 1875 51 ST ST SW
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
2007030265
RICARDO MONTPELLER ACOSTA
INV. RENALD PAUL
ORD. 03-14 SEC. 7 SUBSEC. 2
FAILING TO AFFIX NUMBERS TO A RESIDENCE THAT CAN BE SEEN FROM
THE STREET
1875 51ST ST SW
2005040747
DA VE MOBLEY EST.
INVESTIGATIVE SUPERVISOR PATTI PETRULLI
ORD. 99-51 SECS. 6 & 8
LITTER/DUMPING
157 4TH ST
6
15. CASE NO: 2005010536
OWNER: MARTIN MENA & LOUISIANA MENA
OFFICER: INVESTIGATIVE SUPERVISOR PATTI PETRULLI
VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 2.01.00(B)
RECREATIONAL VEHICLE(S)
VIOLATION
ADDRESS: 2572 RIVER REACH DR
16. CASE NO: 2005040819
OWNER: LUCILLE LAHAIE MCGOON
OFFICER: INVESTIGATIVE SUPERVISOR PA TTI PETRULLI
VIOLA TIONS: ORD. 04-41 AS AMENDED SEC. 10.02.06
UNPERMITTED MOBILE HOME ON VACANT PROPERTY
VIOLA TION
ADDRESS: 258 LAKE GLORIA RD
17. CASE NO: 2005051026
OWNER: NORMAN BELL & LORETTA BELL
OFFICER: INVESTIGATIVE SUPERVISOR PATTI PETRULLI
VIOLA TIONS: ORD. 04-41 AS AMENDED SECS. 1.04.01 & 2.01.00(A)
UNLlCENSED/INOPERABLE VEHICLE(S)
VIOLA TION
ADDRESS: 2960 LUN AR ST
18. CASE NO: 2005051029
OWNER: NORMAN BELL & LORETTA BELL
OFFICER: INVESTIGATIVE SUPERVISOR PATTI PETRULLI
VIOLA TIONS: ORD. 04-41 AS AMENDED SECS. 1.04.01, 2.01.00(A) & 2.01.00(B)
UNLlCENSED/INOPERABLE TRAILERED BOAT ON PROPERTY
VIOLA TION
ADDRESS: 2960 LUNAR ST
19. CASE NO: 2005060071
OWNER: FELICIANO MARTINEZ
OFFICER: INVESTIGATIVE SUPERVISOR PATTI PETRULLI
VIOLATIONS: ORD. 99-51 SECS. 6, 7 & 8
LITTER/CONSTRUCTION DEBRIS
VIOLATION
ADDRESS: 5297 DIXIE DR
7. OLD BUSINESS
a. Special Magistrate Rules and Regulations
8. CONSENT AGENDA
a. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices
resulting from nuisance abatement violation enforcement actions.
7
9. REPORTS
10. ANNOUNCEMENTS
11. NEXT MEETING DATE: December 7, 2007
12. ADJOURN
8
November J 6, 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 the proceeding 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: 9:33 AM
II. APPROVAL OF AGENDA
Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item V (B), "Hearings" - Case # 2007010799, the following Violations were
removed: Ord. 04-41 as amended, Secs. 1O.02.06(B)(I)(E) and 10.0.06(B)(I)(E)(I)
and in Case #2006070610, the following Violations were removed: Ord. 04-41 as
amended, Secs. 10.02.06(B)(I)(A), 1O.02.06(B)(I)(E) and 10.0.06(B)(I)(E)(I)
(b) The following cases with WITHDRAWN by the County due to payment of fines:
. Case # 2005040747 - BCC vs. David Mobley Est.
. Case #2005010536 - BCC vs. Martin Mena & Louisiana Mena
. Case #2005051026 - BCC vs. Norman Bell & Loretta Bell
. Case #2005051029 - B CC vs. Norman Bell & Loretta Bell
The Special Magistrate approved the Agenda as amended, subject to changes made during
the course of the Hearing at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES
The Minutes of the Hearings held on November 2 2007 were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motions for Continuance:
3. Case # 2007090050 - BCC vs. Bernard Havwood & Patricia Havwood
Collier County Code Enforcement Investigative Supervisor Jeff Letourneau stated the County
requested the Continuance because the Notice of Hearing was not served in a timely manner.
The Special Magistrate noted this was a due process request.
Violation(s): Ord. 04-41 as amended, Sec. I 0.02.06(B)( I )(A)
Building permits
Violation Address: 3095 47'h St. SW
2
November 16, 2007
The Special Magistrate GRANTED Collier County's Request for a Continuance.
(Under Motion for Imposition of Fines)
12. Case # 2007030266 - BCC vs. Ricardo Montpelier Acosta, and
13. Case # 2007030265 - BCC vs. Ricardo Montpelier Acosta
Collier County Code Enforcement Investigator Renald Paul stated the County requested the
Continuance because the property was in foreclosure.
Violation(s): Ord. 04-41 Sec. 5.03.02A(3)
Damaged fence on premises and
Ord. 03- J 4 Sec. 7 Subsec. 2
Failing to affix numbers to a residence that can be seen from the street
Violation address: J 875 51;t St. SW
The Special Magistrate GRANTED Collier County's Requestfor a Continuance in each
case.
Sue Chapin, Secretary to the Special Magistrate, identified the Agenda Number for each
Stipulation and its placement for hearing: #5, #11, # 9, and a partial Stipulation in #11
("Fines").
B. Motions to Stay the Order of thc Special Magistrate:
1. Case # 2006060712 - BCC vs. James Donovan & Cathy Donovan
The Hearing was requested by the Respondents who were not present but represented by
Attorney Rachael S. Loukoncn of Grant, Fridkin, Pearson, Athan & Crown, P.c.
Collier County Code Enforcement Property Maintenance Specialist Joe Much was also present.
Violation(s): Ord. 04-41 as amended, Secs. I 0.02.06(B)( I )(A), J 0.02.06(B)(1 )(E),
Collier County Code of Laws and Ordinanccs, Section 22, Article II, Subsecs.
104.1.3.5 and the Land Devcloprnent Code Sec. 9.03.03(B)(2)
Building permits
Violations Addrcss: 200 Tahiti Cir
Attorncy Loukonen stated the Respondents were in the process of appealing the initial Order of the
Special Magistratc's in this casc to Judge Hayes at the Appellate Court. Their bricfis due by the
end of November. The Respondents werc requesting a Stay of the non-monctary portion of the
Order entered by the Spccial Magistrate. The Respondcnts contend if the dock, pilings, boat house,
and the lift arc rcmoved prior to recciving an Order from Judge Hayes, the Respondents may not be
able to obtain permits to rcturn the property to its prior legal, non-conforming use. The case cited
was Thomas Jcfferson vs. Hotel Employccs Union, 81 S.2d 731 (S.Ct., 1955).
Assistant County Attorney Jeff Wright stated the County was opposed to the issuance of a Stay.
He stated the terms of the Special Magistrate's Order clearly stated the filing of an appeal
would not stay the accrual of fines. He further stated this would allow for a financial incentive
to appeal future cases sincc no one would be required to pay fines until they received an Order
from the Appellate Court. He also stated the Order may contain some contradictory information
which could be clarified by the Spccial Magistrate.
3
N ovem ber 16, 2007
The Special Magistrate stated an ambiguity existed in the Order which gave the Respondents a
point on appeal. The Special Magistrate stated she would amend the Order for clarification.
The interpretation the Special Magistrate had intended for Paragraph I was the Respondents
could abate by obtaining required permits for the purposes stated within Paragraph I.
The Spccial Magistrate further stated Paragraph 4 referred to the permit that had not been
previously issued. The Special Magistrate ruled that, in order to avoid furthcr confusion at the
higher Court, Paragraph 4 would be eliminated from the Order: "No additional permits of any
kind shall be issuedfor the Subjecl Properly until the Properly is brought inlo compliance and
conformance has been confirmed. "
The Special Magistrate further ruled the last sentence of the Order, "Filing an Appeal shall nol
slay the Special Magistrate's Order," was also eliminated.
The Special Magistrate, having amended the Order, GRANTED the Respondents' Request
for a Stay, subject to their obtaining and filing a Bond in the amount of $27,000.00 on or
beyond December 16, 2007.
The Special Magistrate GRANTED the County's request for leave to amend the terms of the
Order if the Appeal process extended beyond six months.
The County requested the Respondents to furnish copies of the Bond documents.
C. Motion to Dismiss
1. Case # 2007050605 - BCC vs. Cobb Corp Land Trust UTD Dated 10/13/05
The Hearing was requested by the Respondent who was present and represented by Attorney
Douglas Rankin.
Collier County Codc Enforcement Investigator Christopher Ambach and Investigative
Supervisor Jeff Lctourneau were also prescnt.
Violation(s): 04-41 Sec. 1O.02.06(B)(1 )(A) & 106.1.2
Building pcrmits
Violation Addrcss: 182 Sunset Cay
Attorney Rankin introduced the following documents which were marked and admitted into
Evidence:
Respondent's Exhibit "I" - Comment Listing Report referring to "spot survey,"
dated May 17,2007 and printed on 10!l9/2007
Respondent's Exhibit "J" ~ Inspection History Print stating "FINAL BUILDING
9/25!l996, printed on 10119/2007
Respondent's Exhibit "K" - CD-Plus Report referring to Insp. Code 115,911511996,
printed on I O!l 9/2007
Attorney Rankin and County Assistant Attorney Jeff Wright stipulated, via e-mail
correspondence, as follows:
"As a follow-up to our conversation last week, let us confirm that Jeff Klatzkow will not be
4
November 16, 2007
appearing this Friday as requested in your Subpoena. In addition, I will be happy to offer
the following testimony on your request and I do not oppose your use of this statement or
printed version ofthis cmail during this Hearing.
The date April I, 1997 was chosen due, in part, to complaints over the years that the
Building Permit Records may not be accurate prior to the date the County converted to its
current records management system. (See attached Executive Summary dated 10/24/2006.)
It is my understanding that the former systcm, WHIPS, was replaced by the current system,
CD-Plus at some point in 1996. There was a point of overlap during 1996 and early 1997
when both systems were used. Beginning in early 1997, thc conversion was completed and
rccords were considered to be accurate Irom April I, 1997 on."
He further stated the Rcspondent's records, obtained from the County, indicate the County's
final inspection was complcted on September 25, 1996. He argued the Statute of Limitation
applied to this case.
Assistant County Attorney Wright stated there was no case law to support Attorney Rankin's
contention that the Statute of Limitations applied to any Code Enforcement proceeding.
The Special Magistrate noted the Motion has taken an inordinate amount of time and other
cases were wuiting to be heard. The Special Magistrate adjourned this Motion Hearing until
the cases were heard.
Sue Chapin stated another Stipulation had been presented for Hearing as Agenda # 8.
V. PUBLIC HEARINGS
A. Stipulations:
5. Case # 2007080321 - BCC vs. Jon C. Harmony & Nancy B> Harmony, Constance
Harmony Rev Tr
The Hearing was requested Collier County Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was not present but was represented by David Wood.
Violation(s): Ord. 04-4 I as amended. Sec. 2.01.00(13)
Recreational vehiele(s)
Violation address: 402 Grenada Ave
The Investigator stated thc Respondents had authorized Mr. Wood, their neighbor, to represent
them via letter. She also stated the violations had been abated.
A Stipulation had been agreed to by David Wood on behalfolthe Respondents.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of
the alleged violationr-J and were ordered to cease all future parking or storing of motor
vehicles on the vacant property. The Respondents were ordered to pay Operational Costs
5
November 16, 2007
incurred during the prosecution of this cau in the amount of $201.03 on or before
December 16, 2007.
11. Case # 2007070657 - BCC vs. Gene Chin Jauw Konl!
The Hearing was requested Collier County Code Enforcement Investigator Cristina Perez
who was present.
The Respondent was present.
Violation(s): Ord. 04-41 as amended, Sec. 2.0 I.OO(A)
Inoperablcluntagged vehiclc(s)
Violation address: 2390 39th Ave NE
A Stipulation had been agreed to by the Respondent.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(..) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY
of the alleged violation(~') and was ordered to pay Operational Costs incurred during the
prosecution of this case in the amount of $225. 60 on or before December 16, 2007.
9. Case # 2007080627 - BCC vs. Luis Barrios & Diana P. Gonzalez
The Hearing was requested by Collier County Code Enforcement Property Maintenance
Specialist John Santafemia who was prescnt.
Thc Respondent, Luis Barrios, was present and also representcd his wife, Diana P. Gonzalez.
Violation(s): Ord. 04-58 Sec. 6 Subsecs. L II, l2B, 12D, 121, 12M, 12N, 120, 12P, 19A,
19B, 19D & 20
Minimum housing
Violation addrcss: 5437 27'h PL SW, Naples, FL 34116
A Stipulation had been agreed to by the Respondent. Luis Barrios, on behalf olhis wile, Diana
P. Gonzalez. and himself
The Investigator stated thc Minimum Housing Inspcction Report detailed all of the violations
which the Respondents have agrccd to repair.
The Respondents hired a licensed contractor, George Birney or First Class Builders, Inc., to
repair the damagc. Mr. Birney confirmed to the Special Magistrate that the repairs would be
completed within thc required time frame.
Finding the Notice of Hearing had been properly ..erved, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to repair all of the violations cited in
the Minimum Housing Inspection Report on or before December 7, 2007 or afine of
$250.00 per day will be imposedfor each day the violation remains thereafter unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
6
Novernber 16, 2007
The Respondents were ordered to pay Operational Costs incurred during the prosecution of
this case in the amount of$287,I7 on or before December 16, 2007.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation(.\) had been abated.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
11. Case # 2007030355 - BCC vs. Ronald E. Dimmer, Roxanne Grotelueschen & Wendy
Herril!es
The Hearing was requested by Collicr County Code Enforcement Investigator Stephen Athey
who was prcsent.
The Respondcnts wcre not prescnt but were reprcsented by Attorncy Pcter T. Flood.
Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1 )(A), I 0.02.06(B)( 1 )(E) &
1O.02.06(B)(1 )(E)(1)
Building permits
Violation addrcss: 684 104'h Ave N
Thc Investigator stated the County was requesting payment only of the Operational Costs of
$255.43 and would not object to any reduction of the accrued fines.
Attorncy Flood statcd the Respondents had hired a contractor from Tampa to repair the damage
caused by the last hurricane. The contractor did not complete the job and a second contractor
was hircd. The Respondents paid twicc to have thc damage repaircd.
Thc Spccial Magistrate noted the Respondents had already endured a significant financial
hardship to repair the damage.
The Special Magistrate GRANTED the County's motion for the imposition of fines but, due
to mitigating circumstances, imposed payment only of Operational Costs.
v. PUBLIC HEARINGS
A. Stipulations:
8. Case # 2005110400 - BCC vs. Mario Alberto Garcia
The Hcaring was requcsted by Collier County Code Enforcement Property Maintenance
Specialist John Santafemia who was present.
The Rcspondent was also present.
Violation(s): Ord. 04-58 Sec 6 Subsecs. 1-6,8-1 I, 12B, l2C, 121, 12J, 12K, 12L, 12M,
12N, 120, 12P, 12R, 19A, 19B, 19D & 20
Minirnum housing
Violation address: 1801 Grant Ave, Immokalee, FL 34142
A Stipulation had been agreed to the Respondent.
7
November 16, 2007
The Investigator stated this was a recurring violation.
Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY
of the alleged violation(s) and was ordered to obtain all required Collier County permits, to
complete all repairs, obtuin u final inspection and a Certificate of Occupancy on or before
March 16,2008, or afine of $250. 00 per day will be imposedfor each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondent was ordered to pay Operational Costs incurred during the prosecution of this
case in the amount of $455.40 on or before December 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation(s) had been abuted.
RECESS: 11: 12 AM
RECONVENED: 11:33 AM
V. PUBLIC HEARINGS
B. Hearings:
12. Case # 2007100021- BCC vs. Hector Motino
The Hearing had bcen requested by Collier County Code Enforcement Investigator Thomas
Keegan who was prcsent.
The Respondent was present.
Ingrid Hernandez served as translator for the Respondent.
Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A)
Repeat: Vchicle(s) parked/stored on grass on residentially zoned property
Violation address: 4012 Rose Ave., Naples, FL 34112
The Invcstigator stated this was a repcat violation. The Respondent previously signed a
Stipulation on June 15, 2005. He attemptcd to speak to a tcnant on October 8, 2007 but she
closed the door in his face. On November 5, 2007, a member of Staff explained the violations
to the Respondent in Spanish via a tclephone call.
The Investigator introduced 4 pages of photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence.
The Respondent stated he had attempted to install a driveway and the tenants had to park on the
grass while he was completing the driveway.
The Investigator stated the County's requested the Special Magistrate impose a line of$IOO.OO
per day from thc date the violation was lirst obscrvcd on I 010 1/2007, until such time as the
Respondent brings the propcrty into compliance. The Investigator provided a copy of the
Statute to thc Special Magistrate, referring spccilically to Section 162.09.
The Rcspondent objected stating when thc Code Enforcement inspected his property, they were
concerned with thc vehicles parked in his back yard.
8
November 16, 2007
The Investigator stated that case was closed on June 19,2007.
The Special Magistrate askcd for clarification from the County concerning whether or not she
could assess fines from the date the violation was first observed by the Code Enforcement
Inspector.
Assistant County Attorney Jeff Wright explained the Statute stated the Special Magistrate shall
have the same authority and the same standing as the Code Enforcement Board under Section
162.03, Subsection 2. It stated, 'The Special Magistrate shall have the same status as an
Enforcement Board under this Chapter. "
The Special Magistrate asked the Respondent when the driveway would be completed. He
stated he was no longer ernployed and could not afford the materials to complete the driveway.
The Special Magistrate statcd she was not ordering thc Respondent to complete the driveway,
but only to not park any vchicles on any grass surface anywhere on his property, He was to
park vehicles only on a stabilized surfacc. The translator stated the Respondent indicatcd that
he did understand.
Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY
of the alleged violationM and was ordered to pay a civil fine in the amount of $500.00, and to
remove all vehicles parked or stored on grass to a stabilized surface on or before November 19,
2007, or afine lJ($JOO.OO per day will be imposedfor each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred during the prosecution of
this case in the amount of$211.99 on or before December 16, 2007.
The Re~pondent is to notify the Investigator within 24 hours ofa workday to concur the
violation(s) had been abated.
The Special Magistrate stated if this violation occurs again, fines will be imposed from the date
the Investigator first discovered the violation(s).
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case # 2006120146 - BCC vs. Albert Forero
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondent was present.
Violation(s): Ord. 04-41 as amended, Sec. 10.02.06(B)(I)(A), 1O.02.06(B)(I)(D),
I 0.02.06(B)( I )(D)(I)
Building pcrmits
Violation address: 2839 Poinciana St
Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated
and Operational Costs of$275.22 had been paid.
The County requested assessment of fines in the total amount of $2,200.00 for the period from
August 16,2007 through August 27, 2007 (I I days @ $200/day).
9
November 16, 2007
The Respondent stated he hired a contractor and obtained a C/O but was a delay obtaining the
specifications from the manufacturer in California as requested by the Building Department.
The Special Magistrate GRANTED the County's motion for the imposition of fines but, due
to mitigating circumstances, waived the payment of all fine,..
6. Case # 2006120371 - BCC vs. Mellluiades Sel!ura & Maria Sel!ura
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondent. Maria Segura, was prcscnt and represented her husband, Melquiades Segura.
Violation(s): Ord. 04-41 as amended, Sec. 2.0 1.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 612 Jefferson Ave W
Code Enforcement Investigative Supervisor Patti Petrulli stated thc violations had been abated
and Operational Costs of$1 14.76 had been paid.
The County requested assessment of fines in the total amount of $750.00 for the period from
April 26, 2007 through May I 1,2007 (15 days @ $50/day).
The Respondent stated her husband had been ill and was unable to move the truck engine by
himself. He had to wait for others to help him. She stated shc is disabled and was unable to
assist him.
The Special Magistrate GRANTED the County's motion for the imposition of fines but, due
to mitigating circumstances, reduced the amount to $375.00.
7. Case # 2007030831 - BCC vs. Daniel Rebeea
The Special Magi.\.trate GRANTED the Respondent's Requestfor a Continuance
Violation(s): Ord. 05-44 Sec. 6, 7 & 8
Litter
Violation address: 2653 Van Buren Ave
10. Case # 2006050820 - BCC vs. John A. Piper
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
Thc Respondent was present.
Dominic S. DePillo also appeared on behalf of the Respondent.
Violation(s): Ord. 04-58 Sec. 6 Subsecs. I I. 12B, 12C, 12F, 12G, 12H, 121, 12M, 12P
12R. 17. 19A, 19B. 19C, 19D
Property maintenance.
Violation address: 440 Golden Gate Blvd W.
Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had not been
10
November 16, 2007
abated.
The County requested assessment of Operational Costs in the amount of$385.82, together with
fines in the amount of $12,000.00 for the period from July 19,2007 through November 16,
2007 (120 days @ $1 OO/day), for total fines of $ I 2,395.82.
The Respondent stated he had been unable to sell another property in order to obtain the money
needed to cornplete the repairs for this property. Mr. OePillo stated he and his wife are tenants
at the property and hc was helping the Respondent to complete the repairs. He introduced a list
of completed repairs which was marked as Respondent's Exhibit "A" and admitted into
evidence.
The Special Magistrate GRANTED the County's motion for the imposition offines but, due
to mitigating circumstances, reduced the amount to $1,995.82. The Special Magistrate
aI/owed the fines to be stayed until December 7, 2007 in order to aI/ow the Respondent to
bring the property into compliance. The Respondent must contact Code Enforcement to
have an Investigator perfiJrm a site visit.
16. Case # 2005040819 - BCC vs. Lucille LaHaie Me Goon
Thc County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondent's son, Patrick R. Galloway, was present. He stated his mother was deceased.
Violation(s): Ord. 04-41 as amended, Scc. 10.02.06
Unpermitted mobile homc on vacant propcrty
Violation address: 258 Lake Gloria Rd
Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated.
Thc County requcstcd assessmcnt of Operational Costs in the total amount of $2 11.11.
The Special Magistrate GRANTED the County's motion for the imposition of Operational
Costs in the total amount of $211.11.
V. PUBLIC HEARINGS
B. Hearings:
13. Case # 2007100198 - BCC vs. Jose A. Orte!!a
The Hearing was requested Collier County Codc Enforcement Investigator Thomas
Keegan who was prescnt.
The Respondent was not prcscnt but was reprcsented by Jorge Mareno.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Repeat: Inoperableluntagged vehicle(s)
Violation address: 3107 Karen Dr, Naples, FL 34112
The Investigator stated the violation had been abated but it was a repeat violation.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
11
November 16, 2007
the alleged violation(s) and was ordered to pay a civil penalty in the amount of$JOO.OO. The
Respondent was ordered to pay Operational Costs incurred during the prosecution of this
case in the amount of $21J4. 78 on or before December 16, 2007.
The Respondent stated he was experiencing financial hardship and could not pay the fine.
2. Case # 2007090255 - BCC vs. David Allen & Susan E. Allen
The Hearing was requested by Collier County Code Enforcement Investigator Glenn Karr who
was present.
The Respondents wcre not present.
Violation(s}: Ord. 04-4 I as amended, Sec. 2.0 1.00(A}
Inoperable/untagged vehicle(s}
Violations address: 171 Flamc Vine Dr
The Investigator stated he personally scrved the owner with the Notice of Violation on
September I 1,2007. The Investigator introduced photographs of the property which were
marked as County Exhibits "A", "\3" and "c" and were admitted into evidence.
Finding the Notice of Hearing had been properly served, the Responden/.~ were found GUILTY
of the alleged violation(s) and were ordered to repair the vehicles or store the vehicles in a
completely enclosed strue/ure or to remove the vehicles from the property on or before
December J1J, 211117, or afine of' $JOII.OII per day will be imposedfor euch day the violation
remaim.thereafter unle.~s altered by u subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational Costs incurred during the prosecution of
this case in the amount of$216.82 on or befllre December 16, 21107.
The Re,lpondents are to notify the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
4. Case # 2007040797 - BCC vs. Daniel Christie
The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels
who was prescnt.
The Rcspondent was not present.
Violation(s}: Ord.04-58 Secs. 6 Subsecs 12F, 12G, 12H, 121, 12N & 15
Property maintenance and housing
Violation address: 31 Ocho Rios St, Naples, FL 34114
The Investigator stated the property owncr lives out of state and has been unable to locate an
address to contact him. Shc prescnted several photographs of the property which werc markcd as
County Exhibits "A," "13," "C," "D," "E," "F," "G," "H," and "I." The property was posted.
The property is vacant.
Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY
of the alleged violation(5j and was ordered to repair all violations documented on the Property
Maintenance Inspection Report on or before November 23,2007 or to obtain a Collier County
Demolition Permit, all required inspections and a Certificate of Completion on or before
12
November 16, 2007
November 23,2007, or afine of $250. 00 per day will be imposedfor each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the Special
Magi~'trate,
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during
the prosecution of this case in the amount of $251. 03 on or before December 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violution(s) had been abated.
6. Case # 2007010799 - BCC vs. Carlos Pio & Melva Pio
The Hearing was requested by Collier County Code Enforcernent Investigator Michelle
Scavone who was present.
The Respondents were not present.
Violation(s): Florida Building Code 2004 Sec. 105. I
Building permits
Violation address: 3160 4th St NW, Naples, FL 34 I 20
The Investigator stated the Notice of Violation was personally served on August] 1,2006.
The property has been abandoned and was posted.
He also introduced photographs of the property which was marked as County's Composite
Exhibits "A" and "B." The fence had been repaired, but a permit had not been obtained.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to obtain a Collier County Permit, all
inspections and a Certificate of Completion on or before December 16, 2007 or afine of
$/00.00 per day will be imposedj(Jr each day the violation remains thereafter unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of$240./2 on or bej(Jre December 16,
2007.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
v;olation(s) had been abated.
7. Case # 2006070610 - BCC vs. Wendy L. Welch
The Hearing was requested by Collier County Code Enforcement Investigator Michelle
Scavone who was present.
The Respondent was not present.
Violation(s): Florida Building Code 2004 Sec. 105. I and 105.7
Building permits
Violation address: 4260 6th Ave NE, Naples, FL 34120
The Investigator stated the Notice of Violation was personally served on August], 2006.
The property has been abandoned and was posted.
He introduced photographs of the property which was marked as County's Exhibit "A" and
Cornposite Exhibits "B" and "C."
13
November 16, 2007
Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY
of the alleged violation(.~} and was ordered to obtain a Collier County Building Permit or a
Demolition Permit, all inspections, and a Certificate of Completion on or before December 16,
2007 or afine of$J()O.OO per day will be imposedfiJr each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code EnfiJrcement during
the prosecution of this case in the amount of $246.97 on or bejiJre December 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violationM had been abated.
10. Case # 2007050335 - BCC vs. RoHan Perez Del Val
The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez
who was present.
The Respondent was not present.
Violation(s): Ord. 04-58 Sec. 6 Subsec. 15
Pool property maintenance
Violation address: 2946 45th Ave NE, Naples, FL 34120
The Investigator stated the vacant property was posted on August 7. 2007, and is presently in
foreclosure.
He introduced three pages of photographs which wcre marked as County's Composite Exhibit
"'A" and admitted into evidencc.
Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY
of the alleged violation(s} and was ordered to completely clean or empty the pool on or before
November 23,2007 or afine of $100. 00 per day will be imposedfor each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Re'pondent was ordered to pay Operational Costs incurred by Code Enforcement during
the prosecution of this case in the amount of$259.32 on or before December 16, 2007.
The Respondent is to notify the Investigator within 24 hour,- ofa workday to concur the
violation(s} had been abated.
RECESS: 1:18 PM
RECONVENED: 1 :40 PM
V. PUBLIC HEARINGS
B. Hearings:
I. Case # 2007050605 - BCC vs. Cobb Corp Land Trust UTD Dated 10/13/05
Thc Special Magistratc met with the Respondent's Attorney and the Assistant County Attorney
during the recess.
The Special Magistratc stated both the Motion Hearing and the Case Ilearing would be continued.
14
November 16, 2007
She also ordered Counsel to submit any case law pertinent to Cobb Corp's argument that Laches
applies to this case on or before December 7, 2007. While the case law may be copied, any
arguments should be submitted in memo form. Rebuttal will not be allowed.
Thc Spccial Magistrate ruled that the case cited by the County, Sarasota County vs. National City
Bank of Clcveland, Ohio, 902 S.2d 233(2"d DCA, May 13,2005) is applicable to the Statute of
Limitations and Statute of Repose arguments. In that case, the Court rulcd that, " ... enforcement
proceedings brought under Part One of Chapter 162, Administrative Actions, that are simply not
subject to the Statute of Limitations provided in Section 95.11 (3)(c)."
The Special Magistrate statcd Attorney Rankin was allowed to Shepardize the case.
She also statcd she would take Judicial Notice of the photograph ofthc property which Attorney
Rankin obtained from the Building Department.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. Case # 2005031306 - BCC vs. Jose Ortel!a
The County was represented by Collier County Codc Enforccment Supervisor Patti Petru IIi.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 1.04.01,2.01.00 & 4.05.03
Unlicensed/inoperable vehicle(s)
Violation address: 3085 Karen Dr.
Code Enforcement Investigative Supervisor Patti Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs in the amount of $157.80.
The Special Magistrate GRANTED the County's motion for the imposition of fines in the
total amount (![ $157.80.
2. Case # 2005031307 - BCC vs. Jose Ortel!a
The County was represented by Collier County Code Enforcement Supcrvisor Patti Petrulli.
The Respondent was not present.
Violation(s): Ord. 99-5 I Sec. 7
Litter
Violation address: 3085 Karen Dr.
Code Enforcement Investigative Supervisor Patti Petrulli stated the violation had been abated.
The County requestcd imposition of Operational Costs in thc amount of $ 157.80, together with a
civil pcnalty in the amount of $250.00 for a total fine of $407.80.
The Special Magistrate GRANTED the County's motion for the imposition of fines in the
total amount of $407. 81J.
15
November 16, 2007
3. Case # 2007020758 - BCC vs. Jose Orte!!a
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Rcspondent was not prcscnt.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 3085 Karen Dr.
Code Enforcement Investigative Supervisor Patti Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs in the amount of$120.94, together with a
civil penalty in the amount of$250.00 for a total fine of$370.94.
The Special Magistrate GRANTED the County's motion for the imposition offines in the
total amount of $370. 94.
4. Case # 2006070300 - BCC vs. Jose Orte!!a
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondent was not present.
VioJation(s): Ord. 04-41 as amended, Scc. 2.01.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 3107 Karen Dr.
Code Enforcement Investigative Supervisor Patti Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs in the arnount of $144.43.
The Special Magi,~trate GRANTED the County's motion for the imposition offines in the
total amount ()f $144.43.
8. Case # 2007070060 - BCC vs. Eduardo Rodri!!uez
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondent was not present.
Violation(s): Ord. 04-41, as amended Sec. 2.01.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 4718 Alladin Ln
Code Enforcement Invcstigative Supervisor Patti Petrulli stated the violations had been
abated.
The County requested assessment of Operational Costs in the amount of$228.43.
The Special Magi.I'trate GRANTED the County's motion for the imposition (j{!ines in the
total amount of $228.43.
16
November 16, 2007
9. Case # 2005060637 - BCC vs. Gary Murphy & Diane Murphy
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondents were not present.
Violation(s): Ord. 02-01, Sees. 103.11 & 103.11.2
Pool without enclosure
Violation address: 730 Glendale Ave
Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated.
The County requested asscssment of Operational Costs in thc total amount of $] 63.47.
The Special Magistrate GRANTED the County's motion for the imposition of fines in the
total amount of $/63.47.
19. Case # 2005060071 - BCC vs, Feliciano Martinez
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
Property Maintenance Specialist Joe Mucha was also present.
The Respondents were not present.
Violation(s): Ord. 99-51, Secs. 6, 7 & 8
Litter/construction debris
Violation address: 5297 Dixie Dr
Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated.
The County requested assessment of Operational Costs in the amount of $ 157.14.
The Special Magistrate GRANTED the County's motion for the imposition of fines in the
total amount III $15 7./4,
C. Emereency Cases: None
VII. OLD BUSINESS - Special Magistrate Rules and Regulations
Michele Arnold, Codc Enforcement Director, stated Staff attempted to place the Rules and
Regulations on a past agenda for the BCC, but the document was referred back after it was
determincd that language under Article 7, Paragraph Q, should be revised. The language
should be modified to read: 'The Special Magistrate shall notify the local governing body
which may make all reasonable rcpairs ...., so the language would not conllict with the
County Manager's Ordinance. Thc Special Magistrate concurred.
VIII. CONSENT AGENDA:
A. Request to forward cases for Collections/Foreclosure-
The Special Magistrate reviewed the Request, approved it as submitted and signed the
Orders.
17
November 16, 2007
IX. REPORTS:
The Special Magistrate stated a Public Forum would be held on January 31, 2008 at 9:00AM at
the BCC Chambers. The purpose of the Forum is to give the public an opportunity to learn
more about how a case comes before the Special Magistrate. There will be mock hearings with
public participation invited.
X. NEXT MEETING DATE - December 7, 2007
The Special Magistrate announced the December 7th Hearing will be held at 9:00 AM at the
Community Development and Environmental Services Building located at 2800 N.
Horseslwe Drive.
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 2: II PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended _~.
18