CESM Minutes 01/04/2008
January 4, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, January 4, 2008
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:
Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
STAFF PRESENT:
Gary Dantini, Code Enforcement Supervisor
Carol Sykora, Code Enforcement Supervisor
Bendisa Marku, Code Enforcement Operations Coordinator
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
To: Clerk to the Board: Plea.. place the following as a:
l8:I Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
...-..........-........*......-..................................-.-.............-.....-*.................
Originatiog Dept/ Div: Code Enforcement/CDES
Person: Travis Snoderly
Date: 12/28/07
Petition No. (Ifnone, give brief description):
Petitioner: (Name & Address):
Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before
BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (Complete only if important):
l8:I Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
Companion petition(s), ifany & proposed hearing date:
Does Petition Fee include advertising cost? l8:I Ves 0 No IfVes, what account should be charged for advertising costs:
II J 138911649100
led bY&-- cJ-..
lvision Administrator or Designee
1.2..2,f'. D7
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or reqoest
for same, is snbmitted to Connty Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Offiee
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
..............._.*....__.._..*.__.........................w........_.........._........_...............*_._
FOR CLERK'S OFFICE USE,~1~~:/{';7
Date Received: ~ Date of Public hearing:
Date Advertised:
I 1"/0'&
I ,,~I tJ"6
I I
I /:iJ!o'i
1/2-7/01,
Request for legal advertisment
Page I of I
Patricia L. Morgan
From: GarciaShirley [ShirleyGarcia@colliergov.net]
Sent: Friday, December 28,20079:02 AM
To: Patricia L. Morgan
Cc: TriminoEvelyn; SnoderiyTravis
Subject: Request for legal advertisment
Importance: High
Attachments: Request for legal advertisment.doc; 2005-44 Annual Public Notice.doc
<<Request for legal advertisment.doc>> <<2005-44 Annual Public Notice.doc>>
Trish: this will have to run for 4 Sundays beginning on January 6, 2008. Thank you for all your assistance. Happy
New Year.
Shirley
12/28/2007
re: Legal Advertisement ammended*
Page I of I
Patricia L. Morgan
From: GarciaShirley [ShirieyGarcia@colliergov.net]
Sent: Friday, December 28,200710:56 AM
To: Patricia L. Morgan
Subject: re: Legal Advertisement ammended'
Importance: High
Attachments: yearly advertisement.pdf
<<yearly advertisement.pdf>>
Here are the changes and Michelle's signature with the GL Account. Thank you for all your assistance.
Shirley
12/28/2007
December 28, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: The Collier County Code Enforcement Annual Public Notice
.
Dear Legals:
Please advertise the above referenced notice on the following dates: Sunday,
January 6t\ January 13t\ January 20t\ and January 27t\ 2008, kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 111-138911-649100
A PUBLIC NOTICE FROM THE CODE
ENFORCEMENT DEPARTMENT OF
COLLIER COUNTY, FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT
ORDINANCE 2005-44 Section Eleven requires that all owners of developed and
undeveloped lots shall control all excessive growth of grasses or weeds over 18
inches by mowing. All lots with such vegetation over 18 inches in height will be
identified by a Code Enforcement Investigator and a Notice of Violation and
Order to Correct may, at the County's option be mailed to the property owner(s)
or posted on the lot. If posted, a copy of this notice will also be posted at the
Collier County Courthouse at 3301 Tamiami Trail E, Naples, FL or the
lmmokalee Courthouse at 106 1st Street S, Immokalee, FL, as applicable.
A posted notice may, at the option of the County, be used in lieu of mailing
individual letters to property owners. After ten (10) days from the date of posting
or mailing, if no action is taken, the County will abate the violation by contracting
for the lot to be mowed by a mowing contractor. A bill will then be sent to the
lot's owner of record for the mowing fees plus an administrative fee of $100.00.
Additional charges can be assessed for oversized lots or extremely overgrown
lots. Repeat violators may be subject to additional fees or charges, or after three
violations may be included in a mandatory lot mowing program instituted by the
County.
The owner must remit payment for the amounts billed within twenty (20) days
from the mailing of the County's invoice. If the invoiced bill is not paid within this
twenty-day period a Determination Order assessing a lien will be imposed by the
Special Magistrate. If certified and recorded, this order may constitute a lien on
ALL of the violator's real and personal property in Collier County. This lien may
be paid without further costs within twenty (20) days from the date of
determination by the Special Magistrate for Collier County. If the lien remains
unpaid after one (1) year from the date of the recording of the lien, Collier County
may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes.
All property owners are requested to make arrangements for the proper
maintenance of their land as the practice of sending mailed Notices of Violation
to owners, in particular absentee owners, will be at the option of the County. The
cooperation of all affected property owners will assist in reducing the large
number of complaints about such nuisances received each year by the Code
Enforcement Department. Compliance with this requirement will also help to
control vermin and improve the appearance of the affected areas of the
unincorporated County.
Any questions regarding these procedures can be addressed to the Code
Enforcement Department. Phone number (239) 252-2440; located at 2800 North
Horseshoe Drive, Naples, FL
Martha S. Vergara
From;
Sent:
To:
Subject:
postmaster@collierclerk.com
Friday, December 28, 2007 3:57 PM
Martha S. Vergara
Delivery Status Nolification (Relay)
Attachments:
A TT 434268.txt; Code Enforcement Annual Public Notice
D-
i ,~:c
,.~
B
ATT434268.txt
(231 B)
Code Enforcement
Annual Public...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerreli@Naplesnews.com]
Sent: Friday, December 28, 2007 4:44 PM
To: Martha S. Vergara
Subject: RE: Code Enforcement Annual Public Notice
OK
From: Martha 5. Vergara [mailto:Martha.Vergara@coliiercierk.com]
Posted At: Friday, December 28, 2007 3:57 PM
Posted To: Legals - NON
Conversation: Code Enforcement Annual Public Notice
Subject: Code Enforcement Annual Public Notice
Pam,
Here is an ad for you..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
12/28/2007
Page] of]
01/30/2008 21:45
2392534854
NAF1...ESDAILY
PAGE 02108
Naples Daily News
Naples, FL 34102
Af:idavit of P'..1blication
N~pl~s D~ily N.ws
-~-~-------~----------------------------------.---~---.----
SOARD OF COUNTY COMMISSIONERS
CH:;:RI LEl'AAA
1'0 BOX 413016
NAPLES FL 34101-3016
REFERENCE, 001:30
59463795
H113B9U649100
A PUBLIC NOTICE FROM
State of Florida
County of Collie~
Before the unde~Gi9ne~ authority, personally
appeared 2. Lamb, who on oath says that she serves
as ~sistant co~orate Secretary of the Naples
Daily News, a da11y newspaper publiehed at Naples,
in Collier county, Floriaa: that the atta~hed
eopy of advertiei~g wae published in said
newspaper on dates listed.
Affiant further Gays th~t the said Naple5 Daily
New~ is a newspaper ~ublished at Naplesj in said
Collier County, ilorlda, ~nd that the said
news~aper has heretofo~e been continuously
publ~shed in said Collier CouneYI Florida, each
day and has been entered as $eeond cla8S mail
matter at the post office in Naples, in said
Collier couney, Florida, for a period of 1 yea~
next preceding the first publication of the
attaehed copy of adve~tisement; and affiant
further say! that she has neieher paid nor
promised any person, firm Dr eorporation any
aisco"\':'nt, re:bate, commlsliion or refund for' the
purpose of securing this advertisement for
publication in the said newspaper.
PUB~!SHED ON, 01/06 01/06 01/13 01/13 01/~0 01/20
01/27 01/27
134,000 INCH I
01/28/08
- __ _u __ _. - - - U _.. u__ - - - _._ - - - n_ ',_up _ __._ _ __n+_ _, _n_
Signature of Affis.nt 4. ,L./'\
AD SPACE,
FILBD ON,
0118 1IlI111IAIICU 0110 0I\tlIlIAICIS
oI/llI PEITIIlIIS AlUI PmI1I11S
I. P1JBUC NOTICE mOM THE COOE
[r.rFORCEMerr OEPARTMENTO'
COLlI~ (::outln. flORID/iI
NOJtCE "",ouT wEf.I)S OR GRASSES OVER 18
INCHES IN H!:IGtfl' OIllDINANCE 2005"" Smctlon E1n"
en fRqulrtr. mitt all oWf'l!" Of devel~ 11M ~
...eloped lot!! shaH con\rcl .all I~l~ growth Of
gr.usI!S OJ weedS I)...er )8 Il'tehe!r. ~y moli./lng, ~
lots witt! sul:h vtpta.tlClfl om 18 Inches In helll'"
will be! Idllnttfll!d !:IYl a Cod. &Mot'QrTlftnt IrI\It!It~4'
tor ",,,d ~ Notlc. (1 YloIation and Drder 10 ColTCct
m.3.Y. !.t tt1e County'S option b~ l'\'IaIlRd to 1M prOp-
erty CMtMI"(s) Qf' Dofteti on the lot. If DOStki a
1:0OY of ~l'1Is tl~lc~ WWI al:o(l De OO$ted at h COI~or
Count)' Courth<lUlil! at mt Tamli1l11l Trail!, "'lIpl!!$.
l"L Or tI'K! Imrriokalee C(LIrthQl.de at 11l1O 15t st.-flct s..
Immok:alee. FL.ASIlpIJllcable.
A postil:d notk:t may, ."t thr option of the CelJnty.
Ile u5fll In IIIU of mnlllng Indl"'ldu81 ~ to "rop.:
el'ty owtwrs, ....fter mn no) aal~ rrem tltP. dm Of
!,ostlng or mailing. If no :l.ctlon I taMn, ~ County
.,IU ;ti<lto t/UI 'v1Qluton In' oont/1ll:llrtll tor tfle lot to
1HI mcwt4 tly il mawlnt l:Llntr:lctOl', A 1)11 will t/W:!tI
IN! !lEnt to tile IQt'$ owner of rfCOl'd for tflc mowl1'lll
f~lI DIl.S lilf1 admll"llstTltlYfl fee Of $lOO.oo,
"(Idrtlo~ ctwlQS can De &5stSleCl 10r OVll!rilVllQ
lots 01' ertrtml! V OVmlrowrl 1ol1i, Hepeet ....lollUOl"3
. may 1M SUb!1 to ac;Jdltlonal fees or chiIrOtr.. or-
a:ft~r th~_ 0 llI:lor'll mIJ", bel Included In a mt&l'lda.
tory lot mow ng I'I'DQI1lI1I Instituted by the COunty,
the" CWI"IeI' must ~It payment 10r thti amout;ls
bl1ed WJl~ITl twtrltY (20) dar,s frQtTl the. m~lllntl ~f
the COIlnty's In'o'Olce, . ttte nvQteecl bill II not P<Yd
within tn!J; twf!n'ty-day period i\ Detenn)MI\t!on Or-
der ~sesllnG :s. I~ will b@ Imposed by th~ Special
~I.tr..te, If C:lIlrttn~ and ~Mdeil. tI'lls o~dtr
may ~!'I!ItlM. :l. lien on AU of the ll'lQjator'5 real
atld pIlIl'$Onal pro:L:!lm' lit coin... COlln~, Thill I~
maar :: .,~ Wltl'l~ ~~Fr d=I~~ ::I~
SpKkLI Uatl'IItn.te tar coJller Courmt. If the tlen reo
maIns unpaid il.ft~ one I1l Y4lilr 'fi'orn Ute date of
tN! rac<lfdlni of the lien. Collier County.ma'l bring
$tilt to for<<: olf tM Ilan iW ~ fOr- t", cnn;fer 173.
Florida S~IUt!s,' ""
,lJI propt!rty. owner:s are r~l,le5t411:1 to nmko .;l,,..
t'!ngements "far th.fl proptr maIntenance of thtir
1~1l as tI'IC! priCtl~ of stndll'\Q mallfd NotlM (If
Vlolatlon to OWMr5,. In pnf'tlIi:l.1\ir sbHfl~ own.r..
Will lJa .u the option af the C&unty. ~ cooptra.
tll)n of i:l.ll artKtQd ~ft~ 0WMl'1i 'fII111 asslit ll"l
teduclnlll ~e \1U9t' "umtlll!lr .ot oo~lalnts abOUt
#uchnutNnC1!5 ",<<'\lad 4IIj&c:n )'hr by !;tie Cod~ En"
1'O'rcement Deaartntfl'lt, comllHante wtth tI'lls reo
quil'lment will ~ISO helll to control "'lTI"lln and 1m-
prl)ll'e tflt .~p~llrtl.!\eC of tn~ ,dfec:t.a &l"I!!as of trle
unlncl?O'orated COUI'It)',
~~:S~~~li t'i:'~: ~~~,~\(lU=~e~
PMne number (239) 252-zoUl); loeatad at 2IlXI North '
IiOl'!'leshOQDrllJoll. N~le!I,fL' " :
JaI'llllll)'6,13, 2<1.11 No, 16$2U::':
Sworn to and Subscribed before
20rC\'
...., '"
Personally known by me
me this .3..~" day of --\P.Y)
\~ lCl..\ Crt/M.O,".
'..) ,-
N~,.ilt:~ii;' JUOY JANES
hi !') Co'~rlli..ion DD 675029
'ij> , El(pIl9S May 16,2011
....:.~.., ~n.f'T"'I"_'_""IIlI!llOO-."''J-1Il!t
---.....",..,
RECEIVED
JAM 3 1 2008
FINANCE
Th.Th,
NAPLES DAILY NEWS
Published Dmh
Naples. FL 3.\ I 02
Sworn to and subscribed before me
This 2ih.
l)ay'Ofhnuary2om<
011t.t;Tr~ 011L"I~~:S
"P~_C5._'HE_
~FOIICIMINT OEPARTMENT OF
COl.l,IEll CIOUNTY, FlORJOA
NOTICE ,ABOUT ,WEEDS OR GRASSI!S oVER 18
INCHES IN HEIGHT ORDlNAH9E=. _. "ev.
en ~lreJ that all owners or ,!d anduode-
veloped lOts shan. control all e:.cc:ess grOwth' of
p:~or -:"'5~=~~It.'l
win bl!' I~d a Code En1orc~nt (nvestige-
::~~'~:;.onty;,v~......trr.~=
erty' owntr<s) or posted on the lot. ,tt' POsted a
copy QU1'illnotlce will alsO be DOSted ,at the Collier
Cor.dY COUtthouse at DOl. Tamlaml Tr'atI, E. Naples,
FLQr the 'Jmmo~ee: Courthouse at It)61stStreet S.
InmIOkafee. n"uappUcable. "
A patted notice may .t the ODtIono1' the COunty.
btl, ~, kl ..Heu of malll". g Indlvfdual Iett8rs to prop.
!'.!JI.,~ Aller.teI> (Ill) dav, ""'" lf1e _ of
~:3:~~'a:o~Qb~=~?o~c~ng
be mowectbya mowlna comr.ctor.'" bUt wUl then
be sent l1> Ille Jot's 0"'"''' .of record for the mowln.
fees.. pJqs en admlnlstl'atlve fee of $laQ.OO:
Addl_. c:h...... .... be _. for ove_d
,~ or .........,. ov""""'"" Iills; _et vlotetors
!IllY be "Ject to additional' feel or ctw'ges. or
a1ter1tveevlolatlons may be Included Ina Manda.
toiyloUnoYilng program Irt5tltuted by the County,
The 0_ must remk~' for the .amounts
billed wlIf1In _ (~)., 1f1", meillllll of
thO Co_.. ""'01". W'he bIltls not pold
wJthln thll twenty.dayPlH1od'.' ~Inatlon or. ;
d,,, ......In. e IIfn Will be I,""","". by the Spec;lal
Maglstrlte.' r1' certified and recorded. thIS order
may aonst\t:ute a "'" on ALL, of the violator'S real
end _, ........ In CoIllar COu"",. Thls llen
may be Pl,1d 'Wtthcutfurther~"wtthln twentY
(10) da~' ~rt1 ttIe date of ' 'ln81:Jon bYthf'
Sp<clal _ strete e I to r COllier ~ '. lit. the 1181\ ro-
n\a!n,uno.ildaflerO/le(ll.e"," the_of
the _rilln. of lf1e nen. ~olllar ..... bring
$ult to fOreclose the lien as set fOi' " hapter l7:J,
Florida Statutes. ,
~t&-w~~~mgre~;
Vlola'ro. It> ,.....~.~ '!fl1!!-'i"lJ=.~
.;.:~~. ,,~~
f~~~~~lrlS~~
;qlllre~.. Wilt ~ help to c:<intrOl.;~ln Md 1m.
~;:II~:~.\ht ~_Irt,u of lf1e
~~~'
~~"FLi ;.'. . .,1 No, 1652933 .
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared !L1amb. who on oath says that they
serve as the ASSIstant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County,
Florida: distributed in Collier and Lee counties of Florida; that
the attached copy of the ad\'ertising. being a
PUBLIC NOTICE
111 the matter of PUBLIC NOTICE
was published in said newspaper 4 times in the issue
On January c,"'. 13"'.20'". 2th200S
Affiant ruther sa:"s that Ill.: said :-.Japles Daily News is a newspaper
l'ublish.:d at ~aples. in collier county, Florida and that the said
newspaper has hereto for.: bcen continuously published in said Collier
Countv, Florida; distributed in Collier and Lee counties of Florida,
each dav and has been entered as seclmd class mail matter at the post
oHice i~ '\iapks. in said Collier County, Florida, for a period of I
year nc:\'1 preceding the first publication of Ihe atta.:hed copy of
advertisement and alliant lurthcr says that he has neither paid nor
promiscd <lnv person. lirm or corporation any discount, rebate
commission or refund for the purpose ofsceuring this advertisement for
p"h!;,,";on;n ':g;d n~
(Signat;;;;; of aman!) ~.- -
,"jCV'I\Q <:\_
Iry public)
.f:fF'J;~.~..,_ JUDY JANES
~ Commission DO 675029
~~)i:o;7p\P~f Expires May 16, 2011
ance 36$-701S
FEl 5~-257S327
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: Jannary 4, 2008 at 9:00 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.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - December 7, 2007
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
l.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007080054
JOSE LUIS JAIMES & MARTINA JAIMES
INV. CAROL SYKORA
ORD. 04-58, SEC. 7
RENTAL REGISTRATION
VIOLATION
ADDRESS: 588 HOPE CIR
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006081160
NOE GARCIA & ENEDINA LOPEZ
INV. MICHELLE SCAVONE
ORD. 04-41 AS AMENDED, SECS. 10.02.06(B)(I)(A), 10.02.06(B)(I)(D),
1O.02.06(B)(I)(D)(1) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE,
AND THE FLORIDA BUILDING CODE 2004 EDIT10N, SEC. 106. 1.2
BUILDING PERMITS
VIOLA TION
ADDRESS: 661 3RD ST NW
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100032
JASON BOTTIGLIA
lNV. MARIO BONO
FLORIDA BUILDING CODE 2004 EDIT10N, SECS. 424.2.17.1 TO 424.2.17.14,
AND ARTICLE VI, PROPERTY MAlNTENANCE CODE, SEe. 22.228,
PARAGRAPH 15 OF THE COLLER COUNTY CODE OF LAWS AND
ORDINANCES
UNSECURED POOL SCREEN AND POOL MAINTENANCE
VIOLATION
ADDRESS: 102 CEDAR CREST CT
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007080854
JULIA E, PERKINS & GABRIEL JUAN MEJIA MEDINA
INV. CRISTINA PEREZ
ORD. 04-41 AS AMENDED, SECS. I 0.02.06(B)( I )(A), I 0.02.06(B)( 1 )(E),
I 0.02.06(B)(1 )(E)(1) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE,
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, SECTION 22,
ARTICLE II, SUBSECS. 104.1.3.5 & 106.1.2, FLORIDA BUILDING CODE 2004
EDITION SEC. 105.1
UNPERMITTED SHED-TYPE STRUCTURE ON ESTATES-ZONED PARCEL.
VIOLA TION
ADDRESS: 3945 27TH AVE NE (SHED)
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006120105
ALBERT REX & ULLA M. REX
INV. CHRISTOPHER AMBACH
ORD. 04-41 AS AMENDED SEC. I 0.02.06(B)( I )(A), 1 0.02.06(B)( I )(D) &
10.02.06(B)(I)(D)(I); COLLIER COUNTY LAND DEVELOPMENT CODE,
SECTION 22, ARTICLE II, SUBSECTIONS 104.1.3.5 & 106.1.2; FLORIDA
BUILDING CODE 2004 EDITION SECS. 105.1 & 105.7
BUILDING PERMITS
VIOLATION
ADDRESS: 40 ISLAND LAKE LN
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007090519
PEDRO A. IBARBIA & ISABEL R. IBARB1A
INV. STEPHEN ATHEY
ORD. 04-41 AS AMENDED, SECS. 2.01.00(B)(3)
COMMERCIAL VEHICLES/EQUIPMENT IN RESIDENTIAL DISTRICTS
VIOLATION
ADDRESS: 696 I 04TH AVE N
2
7
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007040354
DESIGNERS' COLLECTABLES LLC, KEVIN G, COLEMAN, RIA
INV. STEPHEN A THEY
ORD. 04-4 I AS AMENDED SEe. I 0.02.06(B)( I )(A), I 0.02.06(B)(1 )(E) &
1 0.02.06(B)(1 )(E)(I); COLLIER COUNTY LAND DEVELOPMENT CODE,
SECTION 22, ARTICLE II, SUBSECTIONS 104.1.3.5; FLORIDA BUILDING CODE
2004 EDITION SECS. 105.1 & 105.7
BUILDING PERMITS
VIOLA TION
ADDRESS: 792 II OTH AVE N
8.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2007 I 00 102
YULA Y EXPOSITO & AIDE EXPOSITO
INV. CARMELO GOMEZ
ORD. 05-44, SECS. 6 & 7
UNLA WFUL TO LITTER, ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 503 I 32ND AVE SW
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007090337
GEORGE CIRABIS1 & VICKIE LEA CIRAB1SI
INV. GLENN KARR
ORD. 04-58, SEC. 6, SUB SEe. 15
POOL MAINTENANCE
VIOLATION
ADDRESS: 1935 EMPRESS CT
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007090300
KERRY HYPPOLITE
INV. JOHN SANTAFEMIA
ORD. 04-58, SEC. 6, SUBSECS. 121 & 12L; ORD. 04-58, SEC. 7, SUBSEC. 2
MINIMUM HOUSING
VIOLATION
ADDRESS: 2640 SANTA BARBARA BLVD
I!.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070801
MATEO F. AYALA
INV. JONATHAN MUSSE
ORD. 04-41 AS AMENDED, SECS. 1.04.01,2.02.03 & 2.0I.00(B)
RECREATIONAL VEHICLE BEING UTILIZED FOR LIVING/SLEEPING
PURPOSES ON RESIDENTIAL-ZONED PROPERTY
VIOLATION
ADDRESS: 219 N 6TH ST, IMMOKALEE
3
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070644
RODRIGUEZ RENTALS INe.
INV. JONATHAN MUSSE
ORD. 04-41 AS AMENDED, SECS. IO.02.06(B)(I)(A), 10.02.06(B)(I)(E) &
10.02.06(B)(I)(E)(I)
BUILDING PERMITS
VIOLATION
ADDRESS: 1613 GROSS AVE, IMMOKALEE
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
200707011 9
JULIUS BEMBRY
INV. JONATHAN MUSSE
ORD. 04-4 I AS AMENDED, SEe. 2.0 I.OO(A)
MULTIPLE INOPERABLE/UNTAGGED VEHICLES
VIOLATION
ADDRESS: 1009 RINGO LN, IMMOKALEE
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007060699
HURBERT JEAN BAPTISTE
INV. JONATHAN MUSSE
ORD. 04-41 AS AMENDED, SECS. 10.02.06(B)(I)(A), IO.02.06(B)(I)(E) &
I 0.02.06(B)(1 )(E)(1)
FENCE PERMITS
VIOLATION
ADDRESS: 626 N 10TH ST, IMMOKALEE
15.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007090235
MARK W. MARKISEN & ESTELLA MARKISEN
INV. AZURE SORRELS
ORD. 04-41 AS AMENDED, SECS. I 0.02.06(B)(1 )(A), 1 0.02.06(B)(1 )(E) &
10.02.06(B)(I)(E)(1), FLORIDA BUILDING CODE 2004 EDITION, SEe. 105.1
BUILDING PERMITS
VIOLATION
ADDRESS: III SAN SALVADOR ST
16.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070244
MARY EDWARDS
INV. AZURE SORRELS
ORD. 04-41 AS AMENDED, SECS. I 0.02.06(B)( I )(A), I 0.02.06(B)(1 )(E) &
I 0.02.06(B)(1 )(E)(1)
BUILDING PERMITS
VIOLATION
ADDRESS: 47 MOON BAY ST
17.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070649
JAMES M. POTEET
INV. AZURE SORRELS
ORD. 04-41 AS AMENDED, SECS. 10.02.06(B)(I)(A), 10.02.06(B)(I)(E) &
I 0.02.06(B)(1 )(E)(1), FLORIDA BUILDING CODE 2004 EDITION, SEC. 105. I
BUILDING PERMITS
VIOLATION
ADDRESS: 71 ISLE OF ST THOMAS
4
18.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007090903
ROBIN OKOLSKI
INV. AZURE SORRELS
ORD. 04-41 AS AMENDED, SEC. 10.02.06(B)(I)(A), FLORIDA BUILDING CODE
2004 EDITION, SEC. 105.1
BUILDING PERMITS
VIOLA TION
ADDRESS: 145 CAPRI BLVD
19.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100314
ANTHONY SIRACUSA
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEe. 2.01.00(A)
INOPERABLEIUNTAGGED VEHICLE
VIOLATION
ADDRESS: 1755 BAY ST
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007110041
JOSE A, ORTEGA
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 2.01.00(A)
REPEAT VIOLATION OF INOPERABLE/UNT AGGED VEHICLE
3085 KAREN DR - FOLIO #61840440209
2007110023
JOSE A, ORTEGA
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 2.01.00(A)
REPEA T VIOLATION OF INOPERABLE/UNT AGGED VEHICLE
3069 KAREN DR - FOLIO #61840440 I 02
2007080520
GALE V. MCCAIN TR, GALE V, MCCAIN REV TRUST
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 4.05.03(A)
VEHICLES PARKED/STORED ON GRASS ON RESIDENTIAL-ZONED
PROPERTY.
VIOLATION
ADDRESS: 22 CONSTITUTION DR
23.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100819
JILL J. WEAVER
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEe. 2.01.00(A)
REPEA T VIOLA TION OF INOPERABLE/UNT AGGED VEHICLE
VIOLATION
ADDRESS: 4620 ACADIA LN - FOLIO #22624160003
5
24.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100131
ANN P, MOORE TR, ANN P. MOORE REV LIVING TRUST UTD 12/30/03
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 4.05.03(A)
MULTIPLE VEHICFLES PARKED/STORED ON UNSTABILlZED SURFACE
VIOLATION
ADDRESS: 2837 VAN BUREN AVE
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007060653
RICHARD CARTER
INV. REGGlE SMITH
COLLIER COUNTY CODE OF LA WS & ORDINANCES, ARTICLE VI, SEe. 22-
231(15)
PRIV A TE POOL MAINTENANCE
196 BRIARCLlFF LN
200505 I 11 8
JILL J. WEAVER & HENRY TESNO
INV. THOMAS KEEGAN
ORD. 99-51, SEC. 7
LITTER ON PROPERTY
VIOLATION
ADDRESS: 3203 WOODSIDE AVE
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100087
JILL J, WEAVER
INV. THOMAS KEEGAN
ORD. 05-44, SEC. II, PARA.
WEED OVERGROWTH
VIOLATION
ADDRESS: 4620 ACADIA LN
6
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006110409
CARMEN V ASALLO
INV. THOMAS KEEGAN
ORD. 05-44, SECS. 6, 7 & 8
ACCUMULATION OF LITTER
VIOLA TION
ADDRESS: 1013 NEWMARKET RD W, IMMOKALEE
5.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006100283
GEORGE G, SMITH JR TR, ANITA U. SMITH TR, SMITH TRUST UTD 5/9/07
INV. HEINZ BOX
ORD. 05-44, SECS. 6, 7 & 8
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 1120 ST CLAIR SHORES RD
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006040453
RUSSELL J. LEEHAUG TR, LEEHAUG FAMILY TR
INV. HEINZ BOX
ORD. 04-58 SEC. 7(2)
FAILURE TO REGlSTER RENTAL PROPERTY
VIOLATION
ADDRESS: 4221 GULFSTREAM DR
7.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2004090245
CYNTHIA JEAN GUY
INV. JOHN SANTAFEMIA
ORD. 04-42, SECS. I 0.02.06(B)( I )(A) & I 0.02.06(B)( I )(D)(1)
GARAGE BUILT ON PROPERTY WITHOUT PERMIT
VIOLA TION
ADDRESS: 3037 55TH TER SW
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030266
RICARDO MONTPELLER ACOSTA
INV. RENALD PAUL
ORD. 04-41 SEC. 5.03.02A(3)
DAMAGED FENCE ON PREMISES
VIOLATION
ADDRESS: 1875 5 I ST ST SW
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030265
RICARDO MONTPELLER ACOSTA
INV. RENALD PAUL
ORD. 03-14 SEC. 7 SUBSEC. 2
F AILING TO AFFlX NUMBERS TO A RESIDENCE THAT CAN BE SEEN FROM
THE STREET
VIOLA TION
ADDRESS: 1875 51 ST ST SW
7
VII. OLD BUSINESS
VIII. CONSENT AGENDA
IX, REPORTS
A Public Forum will be held on January 31, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
X, NEXT MEETING DATE: January 18,2008 at 9:00 A,M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
8
January 4, 2008
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: 9:12 AM
RECONVENED: 9:30 AM
II. APPROVAL OF AGENDA
Bendisa Marku, Code Enforcement Operations Coordinator, proposed the following changes:
(a) Under Item VI (A.), "Motion for Imposition of Fines," Case # 2007030266 - BCC vs.
Ricardo Montpelier Acosta, and Case # 2007030265 - BCC vs. Ricardo Montpelier
Acosta were withdrawn by the County due to foreclosure.
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 Hearing held on December 7,2007 were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motions for Continuance:
(under "Motion for Imposition of Fines")
5. Case # 2006100283 - Geon!e G. Smith Jr. Tr.. Anita U. Smith Tr.. Smith Trust
UTD 05/09/07
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Heinz Box was present.
Violation(s): Ord. 05-44, Secs. 6, 7 & 8
Accumulation of litter
Violation address: 1120 St. Clair Shores Rd.
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance which stated he would be out of town at the time of the Hearing.
The Investigator stated the County would not oppose the granting of a Continuance.
The Special Magistrate APPROVED the Respondent's Requestfor a Continuance.
2
January 4, 2008
(under "Hearings")
16. Case # 2007070244 - BCC vs. Marv Edwards
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Azure Sorrels was present
Violation(s): Ord. 04-41 as amended, Secs. 10.02.06(B)(I)(A), 10.02.06(B)(I)(E)
and 1O.02.06(B)(I)(E)(I)
Building permits
Violation Address: 47 Moon Bay St.
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance on December 17, 2007 due to hospitalization and medical treatment.
The Investigator stated the County would not oppose the granting of a Continuance.
The Special Magistrate APPROVED the Respondent's Requestfor a Continuance.
V. PUBLIC HEARINGS
A. Stipulations:
7. Case # 2007040354 - BCC vs. Desi!!ners' Collectables LLC. Kevin G. Coleman. RIA
The Hearing was requested Collier County Code Enforcement Investigator Stephen Athey
who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1)(A), 1O.02.06(B)(I)(E) &
I 0.02.06(B )(1 )(E){I); Collier County Land Development Code, Section 22,
Article II, Subsections 104.1.3.5; Florida Building Code 2004 Edition,
Secs. 105.1 & 105.7
Building permits
Violation address: 792 1l01h Ave. N.
A Stipulation had been agreed to by Evelyn Waldron as owner and manager of Designers'
Collectables, LLC, on November 14, 2007.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain all required permits and a
Certificate of Completion on or before March 4, 2008, or afine of $100. 00 per day will
be imposed for each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
The Respondent paid the Operational Costs incurred by Code Enforcement during the
prosecution of this case in the amount of $235. 83.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
3
January 4,2008
5. Case # 2006120105 - BCC vs. Albert Rex and UlIa M. Rex
The Hearing was requested Collier County Code Enforcement Investigator Christopher
Ambach who was present.
The Respondents were not present.
Violation(s): Ord. 04-41 as amended, Sec. 10.02.06(B)(1)(A), 1O.02.06(B)(1)(D) &
1O.02.06(B)(l)(D)(I); Collier County Land Development Code, Section 22,
Article II, Subsections 104.1.3.5 & 106.1.2; Florida Building Code 2004
Edition, Secs. 105.1 & 105.7
Building permits
Violation address: 40 Island Lake Lane
A Stipulation had been agreed to by the Respondent, Albert Rex. on January 2, 2008. on
behalf of his wife, Ulla M. Rex, and himself
The Investigator stated the violation had been abated.
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 violation(s) and were ordered to pay Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $288. 61 on or before
January 18, 2008.
15. Case # 2007090235 - BCC vs. Mark W. Markisen & Estella Markisen
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent, Mark W. Markisen, was present and also represented his wife, Estella
Markisen.
Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1)(A), 1O.02.06(B)(1)(E) &
IO.02.06(B)(1)(E)(I); Florida Building Code 2004 Edition, Sec. 105.1
Building permits
Violation address: 111 San Salvador St.
A Stipulation had been agreed to by the Respondent, Mark W. Markisen, on behalf of his
wife, Estella Markisen, and himself
The Investigator stated the violation had been abated.
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 violation(s) and were ordered to pay Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $224. 81 on or before
February 4,2008.
4
January 4, 2008
1. Case # 2007080054 - BCC vs. Jose Luis Jaimes & Martina Jaimes
The Hearing was requested by Collier County Code Enforcement Supervisor Carol
Sykora who was present.
The Respondents were also present.
Violation(s): Ord. 04-58, Sec. 7
Rental registration
Violation address: 588 Hope Cir.
A Stipulation had been agreed to by the Respondent.
The Investigator stated the violation had not been abated.
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 Rental
Registration on or before January 11, 2008, or a fine of $25. 00 per day will be imposed
for each day the violation remains thereafter, unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $231.50 on or before
February 4, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
4. Case # 2007080854 - BCC vs. Julia E. Perkins & Gabriel Juan Mejia Medina
The Hearing was requested by Collier County Code Enforcement Investigator Cristina
Perez who was present.
The Respondents were also present.
Violation(s): Ord. 04-41 as amended, Sec. 10.02.06(B)(1)(A), 1O.02.06(B)(I)(E) &
1O.02.06(B)(1 )(E)(I); Collier County Land Development Code, Section 22,
Article II, Subsections 104.1.3.5 & 106.1.2; Florida Building Code 2004
Edition, Sec. 105.1
Unpermitted shed-type structure on estates-zones parcel
Violation address: 3945 27th Ave. NE, Naples, FL 34120
A Stipulation had been agreed to by the Respondents on January 3, 2008 and January 4.
2008.
The Investigator stated the violation had been abated.
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 violation(s) and were ordered to pay the Operational Costs incurred by
Code Enforcement during the prosecution of this case in the amount of $244.23 on or
before February 4, 2008.
5
January 4, 2008
18. Case # 2007090903 - BCC vs. Robin Okolski
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was also present.
Violatioo(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1)(A); Florida Building Code
2004 Edition, Secs. 105.1
Building permits
Violation address: 145 Capri Blvd., Naples, FL 34113
A Stipulation had been agreed to by the Respondent.
The Investigator stated there is a possibility that a permit does exist. She will conduct further
research.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain a Collier County Building
Permit or a Collier County Demolition Permit, all necessary inspections, and a
Certificate of Completion on or before February 15, 2008, or afine of $1 00. 00 per day
will be imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $212.44 on or before
March 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
The Special Magistrate ruled that, due to the unusual circumstances in this case, the Order
would not take effect until Wednesday, January 9, 2008, to allow the Investigator some
time to research the possibility of an existing permit. The Investigator is to contact the
Special Magistrate's office with the results of her research. If the permit does exist, the
case will be dismissed and Operational Costs will not be assessed.
19. Case # 2007100314 - BCC vs. Anthonv Siracusa
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Inoperable/untagged vehicles
Violation address: 1755 Bay St., Naples, FL 34112
A Stipulation had been agreed to by the Respondent on January 2, 2008.
The Investigator stated the violation had been abated.
6
January 4, 2008
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
the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $222, 14 on or before
February 4, 2008.
24. Case # 2007100131 - BCC vs. Ann P. Moore Tr.. Ann P. Moore Rev Livinl! Trust
UTD 12/30/03
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A)
Multiple vehicles parked/stored on unstablilized surface
Violation address: 2837 Van Buren Ave.
A Stipulation had been agreed to by the Katherine Ferrari, the Respondent's daughter, on
behalf of the Respondent. Ms. Ferrari provided a copy of Letters of Plenary Guardianship
of the Person and Property, attesting to her authority to act on behalf of the Respondent.
The Investigator stated the violation had been abated.
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
the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $20932 on or before
February 4,2008.
22. Case # 2007080520 - BCC vs. Gale V. McCain Tr.. Gale V. McCain Rev. Trust
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A)
Vehicles parked/stored on grass on residential-zoned property
Violation address: 22 Constitution Dr.
A Stipulation had been agreed to by the Respondent who signed as Gail McCain-Brooks.
The Investigator stated the violation had been abated.
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
the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $215.01 on or before
February 4,2008.
7
January 4, 2008
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. Case # 2006110409 - BCC vs. Carmen Vasallo
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Collier County Code Enforcement Investigator Thomas Keegan;
The Respondent was also present.
Collier County Code Enforcement Investigator Carmelo Gomez served as translator.
Violation(s): Ord. 05-44, Secs. 6, 7 & 8
Accumulation of litter
Violation address: 1013 Newmarket Rd. W., Immokalee, FL
The Respondent stated she would accept Investigator Gomez as a translator because she
had no choice since she had been unable to find anyone to translate for her.
Supervisor Dantini stated the County would not oppose the granting of a Continuance.
The Special Magistrate GRANTED a Continuance in this case. The Respondent will be
re-noticed of the new Hearing date in order to obtain a babysitter for her children and a
Translator to bring with her to the new Hearing.
7. Case # 2004090245 - BCC vs. Cynthia Jean Guv
The County was represented by Collier County Code Enforcement Supervisor Gary Dantini
and Collier County Code Enforcement Investigator John Santafemia.
The Respondent was also present.
Violation(s): Ord. 04-41, Secs. JO.02.06(B)(1)(A) & JO.02.06(B)(I)(D)(I)
Garage conversion without permit
Violation address: 3037 55th Terr. SW
Supervisor Dantini stated the violations had been abated.
The County requested imposition of the Operational Costs in the amount of $124.18
together with fines in the amount of$9,350.00 for the period from June 2, 2005 through
December 6, 2005 (187 days@ $40.00), for a total fine of$9,474.l8.
The Respondent stated the garage conversion was pre-existing when she bought the
property. She presented documentation to the Court attesting to the problems with
contractors and delays caused by professional contractors that she hired who did not
complete the work. The documentation was marked as Respondent's Composite Exhibit
"A" and admitted into evidence.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but,
due to mitigating circumstances, abatement and due diligence by the Respondent, the
Special Magistrate imposed payment only of Operational Costs of$124.18.
8
January 4, 2008
V. PUBLIC HEARINGS
A. Stipulations:
20. Case # 2007110041- BCC vs. Jose A. Orteea
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Repeat Violation: Inoperable/untagged vehicle
Violation Address: 3085 Karen Dr., Naples, FL 34112
The Special Magistrate asked if the Respondent understood both English and the
violations against his property. He stated that he did understand.
The Investigator introduced a photograph of the truck which was marked as County Exhibit
"A" and admitted into evidence.
The Respondent stated the truck belonged to his tenant. Since the tenant refused to comply,
he asked the tenant to move from the premises.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of
$500.00 on or before February 4,2008.
The Respondent was ordered to affIX a valid license plate and repair the vehicle, or to
store the vehicle in a completely enclosed structure, or to remove it from the premises on
or before January 9, 2007 unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain contractor bid-out and assess the cost for the abatement to the Respondent. If
necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $206.11 on or before
February 4,2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
The Special Magistrate advised the Respondent if he could not remove the vehicle by
January 9, 2007, the fine of $1 00 per day would be retroactive from November 2, 2007
until the date of actual abatement.
21. Case # 2007110023 - BCC vs. Jose A. Orteea
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was also present.
9
January 4,2008
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Repeat Violation: Inoperable/untagged vehicle
Violation Address: 3069 Karen Dr., Naples, FL 34112
The Investigator introduced photographs of the vehicle which were marked as County's
Composite Exhibit "A" and admitted into evidence.
The Respondent stated the tenant operated an auto repair business from the property but
that he has stopped.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay a fine in the amount of
$1,000.00 on or before February 4,2008.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $206. 11 on or before January 7,2008.
The Respondent requested additional time to pay and the Special Magistrate extended the
deadline to March 4, 2008for Case # 2007110041 and Case # 2007110023.
RECESS: 11:12AM
RECONVENED: 11:35AM
V. PUBLIC HEARINGS
B. Hearings:
8. Case # 2007100102 - BCC vs. Yulav Exposito & Aide Exposito
The Hearing was requested by Collier County Code Enforcement Investigator Carrnello
Gomez who was present
The Respondent was also present.
Violation(s): Ord. 05-44, Secs. 6 & 7
Unlawful to litter, accumulation of Jitter
Violation address: 5031 32"d Ave. SW
The Respondent stated he was unable to bring a translator with him to the Hearing.
The Special Magistrate GRANTED a Continuance in this case.
14. Case # 2007060699 - BCC vs. Hubert Jean Bantiste
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 7(2)10.02.06(B)(1)(A), 10.02.06(B)(l)(E)
10
January 4,2008
and 1O.02.06(B)(1 )(E)(I)
Fence permits
Violation address: 626 N. loth St., lmmokalee, FL 34142
The Special Magistrate verified that the Respondent did not need the services of a
translator.
The Investigator introduced a copy of Permit #2005012746 (expired) which was marked
as County Exhibit "A" and admitted into evidence. He also introduced a copy of Permit
#2007081841, dated August 24, 2007, which was marked as County Exhibit "B" and
admitted into evidence.
The Respondent stated he had hired a contractor to complete the work but the contractor
did not obtain the Certificate of Completion and did not tell him. The Respondent
introduced a copy of a Collier County Correct Work Order which was marked as
Respondent's Exhibit "A" and admitted into evidence.
The Investigator stated the work has been done, but he has not obtained a Certificate of
Completion.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all necessary inspections, and
a Certificate of Completion on or before February 4,2008, or afine of $1 00. 00 per day
will be imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $234.01 on or before
February 4,2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
13. Case # 2007070119 - BCC vs. Julius Bembrv
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Multiple inoperable/untagged vehicles
Violation address: 1009 Ringo Lane, Immokalee, FL 34142
The Investigator stated he spoke with the Respondent's son-in-law in July 2007. The son-
in-law refused to allow him access to take photographs of the property. In November, the
Investigator was still not allowed access although the Respondent's grandson told him the
vehicles had been removed from the property.
The Investigator introduced two photographs which were marked as County's Composite
Exhibit "A" and admitted into evidence.
11
January 4,2008
The Respondent stated his son-in-law is basically uncooperative with everyone. He works
in a junk yard and repairs cars at home as a hobby. He stated there are 3 personal cars on
the premises which are operable but he is not sure if the license plates on the vehicles are
current. The Respondent stated he does not reside on the property and has repeatedly
warned his son-in-law about not accumulating vehicles.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to affIX a valid license plate and
repair the vehicle(s), or to store the vehicle(s) in a completely enclosed structure, or to
remove the vehicles from the premises on or before January 9, 2007 or afine of $50. 00
per vehicle per day will be imposed for each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain contractor bid-out and assess the cost for the abatement to the Respondent. If
necessary, assistance may be requested from the Collier County Sheriff's Office to
perform a site inspection.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $227.33 on or before
March 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
2. Case # 2006081160 - BCC vs. Noe Garcia and Enedina Lopez
The Hearing was requested by Collier County Code Enforcement Investigator Michelle
Scavone who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1)(A), 1O.02.06(B)(1)(D) &
10.02.06(B)(1)(D)(I) of the Collier County Land Development Code;
Florida Building Code 2004 Edition, Sec. 106.1.2
Building permits
Violation address: 661 3'd St. NW
The Investigator introduced two photographs of the property which were marked as
County's Composite Exhibit "A" and admitted into evidence.
The Investigator stated both the property and the Courthouse were posted and there was a
return receipt in the file which had been signed by Enedina Lopez on September 26, 2006.
The Investigator introduced a copy ofa fax, dated April 4, 2007, from J.e. Kosinski
Engineering, Inc. containing drawings of the pump house enclosure which was marked as
County's Exhibit "B" and admitted into evidence.
The Investigator stated no permits had been issued for the property.
12
January 4, 2008
The Investigator introduced photographs of the painted shed and pump house, dated
January 3, 2008, which were marked as County's Composite Exhibit "C" and admitted into
evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all necessary inspections and
a Certificate of Completion on or before February 4,2008, or afine of $1 00. 00 per day
will be imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$263.36 on or before
February 4,2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
3. Case # 2007100032 - BCC vs. Jason Bottil!lia
The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono
who was present.
The Respondent was not present.
Violation(s): Florida Building Code 2004 Edition, Secs. 424.2.17.1 to 424.2.17.14, and
Article IV, Property Maintenance Code, Sec. 22.228, Paragraph 15 of the
Collier County Code of Laws and Ordinances
Unsecured pool screen and pool maintenance
Violation address: 102 Cedar Crest Ct.
The Investigator stated the owner does not reside in Florida. The owner stated he
purchased the property without inspection as an investment but that it was vacant. The
pool has dirty, stagnant water and is a health issue. The damaged enclosure screens
allowed access into the pool area and is a safety issue.
The Investigator introduced photographs of the property, dated October 1,2007, which
were marked as County's Composite Exhibit "A" and admitted into evidence. He also
introduced photographs of the property dated January 3,2008 which were marked as
County's Composite Exhibit "B" and admitted into evidence.
The Investigator stated the Notice of Violation had been sent to the Respondent via
Certified mail, and the property had been posted.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to immediately secure the upper-
halfofthe pool screen door on or before January 9, 2008 or afine of $250. 00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to clean the pool and provide clean water on or before
January 11, 2008 or afine of $250, 00 per day will be imposed for each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the Special
13
January 4, 2008
Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
hire a licensed contractor to abate the violations and the cost will be assessed to the
Respondent.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $203. 41 on or before
February 4,2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
6. Case # 2007090519 - BCC vs. Pedro A. Ibarbia & Isabel R. Ibarbia
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B)(3)
Commercial vehic1es(s)/equipment in residential districts
Violation address: 696 104th Ave. N., Naples, FL 34108
The Investigator stated the violation had been abated.
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 violation(s) and were ordered to pay the Operational Costs incurred by
Code Enforcement during the prosecution of this case in the amount of $219.44 on or
before February 4,2008.
(NOTE: Investigator stated during the Hearing that the Violation was a "Covered utility
trailer parked and stored in the driveway in front of dwelling. '')
9. Case # 2007090337 - BCC vs. Georl!,e Cirabisi & Vickie Lea Cirabisi
The Hearing was requested by Collier County Code Enforcement Investigator Glenn Karr
who was present.
The Respondents were not present.
Violation(s): Ord. 04-58, Sec. 6, Subsec. 15
Pool maintenance
Violation address: 1935 Empress Ct., Naples, FL 34110
The Investigator stated he had received a complaint about the condition of the pool.
The property was vacant and there was no electricity. The owner stated that he was
filing bankruptcy and was unable to repair the property.
The Investigator introduced a photograph of the property which was marked as County
Exhibit "A" and admitted into evidence.
14
January 4, 2008
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to clean the pool and provide clean
pool water on or before January 9, 2008 or afine of $250. 00 per day will be imposed for
each day the violation remains thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $244.47 on or before
February 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation had been abated.
10. Case # 2007090300 - BCC vs. Kerry HVDDolite
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 6, Subsecs. 121 & l2L
Ord. 04-58, Sec. 7, Subsec. 2
Minimum housing
Violation address: 2640 Santa Barbara Blvd., Naples, FL 34116
The Investigator introduced three photographs of the property, dated September 10, 2007,
which were marked as County's Composite Exhibit "A" and admitted into evidence. The
property and the Courthouse were posted.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay for a Collier County Rental
Registration on or before January 11, 2008, or afine of $25. 00 per day will be imposed
for each day the violation remains thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate,
The Respondent was ordered to repair the broken windows, screens, and air conditioning
unit on or before January 11, 2008 or afine of$250.00 per day will be imposed for each
day the violation remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$259. 74 on or before
February 4,2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated,
11. Case # 2007070801- BCC vs. Mateo F. Avala
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 1.04.01,2.02.03 & 2.01.00(B)
Recreational vehicle being utilized for living/sleeping purposes on
]5
January 4, 2008
residential-zoned property
Violation address: 319 N. 6th St., Immokalee, FL 34142
The Investigator introduced 5 pages of photographs which were marked as County
Composite Exhibit "A" and admitted into evidence. He also introduced a one page
document verifying abatement which was marked as County Exhibit "B" and admitted
into evidence.
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
the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $225.12 on or before
February 4, 2008.
12. Case # 2007070644 - BCC vs. Rodri!!uez Rentals Inc.
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 1O.02.06(B)(I)(A), 10.02.06(B)(I)(E) &
1 0.02.06(B)( 1 )(E)(I)
Building permits
Violation address: 1613 Gross Ave., Immokalee, FL 34142
The Investigator stated the violations had been abated.
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
the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $233.93 on or before
February 4, 2008.
17. Case # 2007070649 - BCC vs. James M. Poteet
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 10.02.06(B)(l)(A), 10.02.06(B)(I)(E) &
1O.02.06(B)(l)(E)(l), Florida Building Code 2204 Edition, Sec. 105.1
Building permits
Violation address: 71 Isle of St. Thomas
The Investigator stated the County had withdrawn this case.
23. Case # 2007100819 - BCC vs. Jill J. Weaver
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
16
January 4, 2008
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 2.01.00(A)
Repeat Violation: Inoperable/untagged vehicles
Violation address: 4620 Acadia Ln.
The Investigator introduced four photographs of the property which were marked as
County's Composite Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to affIX a valid license plate and
repair the vehicle(s), or to store the vehicle(s) in a completely enclosed structure, or to
remove the vehicles from the premises on or before January 9, 2007 or afine of $100. 00
per day will be imposed retroactive from October 24, 2007 until the date of abatement,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain contractor bid-out and assess the cost for the abatement to the Respondent. If
necessary, assistance may be requested from the Collier County Sheriff's Office to
perform a site inspection.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $206. 99 on or before
March 4, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2007060653 - BCC vs. Richard Carter
The County was represented by Code Enforcement Supervisor Carol Sykora and
Investigator Reggie Smith.
The Respondent was not present.
Violation(s): Collier County Code of Laws & Ordinances, Article VI, Sec. 22-231(5)
Private pool maintenance
Violation address: 196 BriarcliffLn., Naples, FL 34113
The Investigator introduced the following documents which were marked as County
Exhibits and admitted into evidence:
Exhibit" A" - a copy 0 f the proof of delivery on December 21, 2007 from the
US Postal Service website
Exhibit "B" - copy of Affidavit of Posting by Investigator Mario Bono
dated December 18, 2007
Exhibit "C" - photographs of the posting at the property and the Courthouse
Supervisor Sykora stated the violations had not been abated and fines continued to accrue.
17
January 4, 2008
Supervisor Sykora stated the County was requesting imposition of the Operational Costs in
the amount of$233.62 together with fines in the amount of$17,250.00 for the period from
October 27,2007 through January 3,2008 (69 days @ $250/day), for a total fine of
$17,483.62.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
2. Case # 2005051118 - BCC vs. Jill J. Weaver & Henrv Tesno
The County was represented by Code Enforcement Supervisor Carol Sykora and
Investigator Thomas Keegan.
The Respondents were not present.
Violation(s): Ord. 99-51, Sec. 7
Litter on property
Violation address: 3203 Woodside Ave., Naples, FL 34112
Supervisor Sykora stated the violation had been abated.
The County requested imposition only of Operational Costs of $219.29
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
3. Case # 2006100087 - BCC vs. Jill J. Weaver
The County was represented by Code Enforcement Supervisor Carol Sykora and
Investigator Thomas Keegan.
The Respondent was not present.
Violation(s): Ord. 05-44, Sec. II, Para. I
Weed overgrowth
Violation address: 4620 Acadia Ln.
Supervisor Sykora stated the violation had been abated.
The County requested imposition only of Operational Costs of $144.17
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
6. Case # 2006040453 - BCC vs. Russell J. Leehau!! Tr.. Leehau!! Familv Tr.
The County was represented by Code Enforcement Supervisor Carol Sykora and
Investigator Heinz Box.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 7(2)
Failure to register rental property
Violation address: 4221 Gulfstream Dr., Naples, FL 34112
Supervisor Sykora stated the violation had been abated.
]8
January 4, 2008
The County requested imposition only of Operational Costs of$154.54.
The Investigator stated he contacted the Respondent who confirmed that he had
paid the Operational Costs.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA - None
IX. REPORTS
The Special Magistrate stated a Public Forum would be held on January 31,2008 at 9:00AM in
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 and the Hearing process. There will
be mock hearings with public participation invited.
X. NEXT MEETING DATE - January 18, 2008
There being no further business for the good of the County, the Hearing was adjourned by
Order ofthe Special Magistrate at 1:30 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended
19