CESM Minutes 02/15/2008
February 15,2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, February 15,2008
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
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: February 15, 2008 at 9:00 A.M.
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier COlmty Government Center
Administrative Bnilding "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
VERBA TIM 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
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - February 1, 2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipnlations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CE 3803
TALlA L. NELSON
INV. RONALD MARTINDALE
ORD. SEe. 130-66
PARKING IN AN UNLAWFUL AREA. RIGHT OF WAY.
VIOLATION
ADDRESS: 527 107TH A VENUE N
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CE 176 2007110410
ROYAL FLORIDIAN TRANSPORTATION, INC.
INV. MICHELLE CROWLEY
ORD. SEe. 142-31, 33(J),37(B), 58(F)(4)
EMPLOYED/ ALLOWED OPERATE VEHICLE FOR HIRE WITHOUT VALID
DRIVER'S ID
VIOLATION
ADDRESS: RITZ CARL TON,280 V ANDERBIL T BEACH RD.
3. CASE NO: DAS 11635
OWNER: MANUEL QUIROZ
OFFICER: OFFICER HINKLEY
VIOLATIONS: ORD. SEe.14-36(A)(7)
SNAPS, GROWLS,THREA TENS-FEMALE PIT BULL
VIOLATION
ADDRESS: 913 PINE ST.IMMOKALEE
4. CASE NO: SO 161942
OWNER: BARBARA A. HEDGEPATH
OFFICER: DEP KENNETH ROBINS
VIOLATIONS: ORD. SEe. 130-67
PARKING IN A HANDICAPPED SPACE. STRIPED ACCESS.
VIOLATION
ADDRESS: RIVER CHASE - ACROSS FROM PUBLIX
5. CASE NO: SO 150563
OWNER: MARCELLE L. BENEAT
OFFICER: DEP RENEE SOSBE
VIOLATIONS: ORD. SEe. 130-67
PARKING IN A HANDICAPPED SPACE. OBSTRUCTING THE SPACE.
VIOLATION
ADDRESS: 954 GOODLETTE ROAD N
6. CASE NO: SO 133604
OWNER: LEILA JENSON
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: BERKSHIRE COMMONS PUBLIX
7. CASE NO: SO 162866
OWNER: LLEWELLYN WILLIAMS
OFFICER: DEPUTY KELLER
VIOLATIONS: ORD. SEC 130-67
PARKED-HANDICAP SPACE
VIOLATION
ADDRESS: STRAND - BELLA MIA PIZZA
8. CASE NO: SO 159168
OWNER: IRMA TOBAR
OFFICER: DEPUTY LINDLEY
VIOLATIONS: ORD. SEe. 130-66 (1) (H)
PARKED IN FIRE LANE
VIOLATION
ADDRESS: WINN DIXIE PLAZA IN FRONT OF BEALLS (GOLDEN GATE PKWY) D-2
2
9. CASE NO: SO 133619
OWNER: FRANCIS ABBEY
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: FREEDOM SQUARE - KARABAS
10. CASE NO: SO 133622
OWNER: CHARLES GOINGS
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEC. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: PINE RIDGE CENTER-RADIO SHACK
II. CASE NO: SO 133633
OWNER: DOROTHY MAURICE
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: CARILLON PLAZA-CIRCUIT CITY
12. CASE NO: SO 155607
OWNER: SONA BUTLER
OFFICER: DEPUTY COSTINEIRA
VIOLATIONS: ORD 316.195 (2)
IMPROPER PARKING AGAINST FLOW-CURB ONE-WAY
VIOLATION
ADDRESS: BED BA TH & BEYOND-535I AIRPORT PULLING
13. CASE NO: SO 133640
OWNER: YVETTE MATHEWS
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEC. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: PHYSICIAN'S REGIONAL PINE RIDGE
14. CASE NO: SO 133638
OWNER: THOMAS E. BARNICLE
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKED-HANDICAP SPACE NO PARKING PERMIT VISIBLE
VIOLATION
ADDRESS: TOWN CENTER THEATRE
3
15. CASE NO: SO 162928
OWNER: DONALD PONSKY
OFFICER: DEPUTY ROBINS
VIOLATIONS: ORD. SEe. 130-67
HANDICAP SPACE STRIPPED ACCESS
VIOLATION
ADDRESS: NCH HOSPITAL - 11190
16. CASE NO: SO 158458
OWNER: JUDY ENT
OFFICER: DEPUTY KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKING IN HANDICAP SPACE WITH EXPIRED PERMIT
VIOLATION
ADDRESS: PHYSICIAN'S REGIONAL COLLIER BLVD.
17. CASE NO: PR 001520
OWNER: EDWARD J. MITCHELL
OFFICER: PARK RANGERARAQUISTAIN
VIOLATIONS: ORD. SEC. 130-66
FAILURE TO DISPLA Y PAID PARKING RECEIPT
VIOLATION
ADDRESS: BAREFOOT ACCESS
18. CASE NO: PR 001524
OWNER: JOHN JACKSON
OFFICER: PARK RANGER ARAQUIST AIN
VIOLATIONS: ORD. SEC. 130-66
FAILURE TO PRO PERL Y AFFIX STICKER
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS
19. CASE NO: PR 000400
OWNER: E. PODGORSKE
OFFICER: PARK RANGER SKINNER
VIOLATIONS: ORD. SEe. 130-66
NOT PARKED IN PARKING AREA
VIOLATION
ADDRESS: ROVER RUN VETERANS PARK
20. CASE NO: PU 3618
OWNER: MICHAEL TOLEDO
OFFICER: INV. CASCIO
VIOLATIONS: ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
VIOLATION
ADDRESS: 5272 32ND AVE. SW
4
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
PU 2587
MARK AND LISA MORENO
INV. SANCHEZ
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
1003 CHESAPEAKE BAY CT.
PU 3440
CHESTER FEESER
INV. PHILLIPS
ORD. 02-17 SEC. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
204 PALMETTO DUNES CR.
PU 3437
HANNE MARIE MUEGGE
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
4604 CHIPPENDALE DR.
PU 3442
WILMA WHITAKER TRUSTEE AND AUGUST P. NEUMAN TRUST
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
106 RAND KEY CIRCLE
PU 3443
KENNETH E. & MARY LOU CARLSON
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
110 RAND KEY CIRCLE
PU 3444
FELIX & MARGORET BIRNBAUM
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
114 RAND KEY CIRCLE
5
27 CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
31. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
32. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
C. Emergency Cases:
PU 3445
CARL E & MARGUERITE O. MONTY
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
111 RAND KEY CIRCLE
PU 3447
JOHN J. LYNAGH SR.
1NV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION- WATERING ON WRONG DA Y
119 RAND KEY CIRCLE
PU 3448
MARIE ZOLNER LAWRENCE
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DA Y
123 RAND KEY CIRCLE
PU 3449
DONALD B. & DANA A. TRACY
INV. PHILLIPS
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
213 DENT DRIVE
PU 3446
ENID CARD
INV. PHILLIPS
ORD. 02-17 SEC. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
115 RAND KEY CIRCLE
PU 3687
JOSE MEDINA
INV. FLORIN
ORD. 02-17 SEe. 5, 5.4
PHASE II WATER RESTRICTION-WATERING ON WRONG DAY
14135 COLLIER BLVD.
6
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
2.
3.
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006090279
ANGELO B. CAMP ANELLO & DIANE M. CAMP ANELLO
INV. AZURE SORRELS
ORD. 2004-41 SEC. 5.03.02(A)(3)
WOODEN FENCE DAMAGED AND IS MISSING SECTIONS.
VIOLATION
ADDRESS: 141 1ST STREET
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006030343
JAVIER & SARAH FERNANDEZ
INV. HEINZ BOX
ORD. 04-41, SEC.2.01.00(A)
INOPERABLE/UNT AGGED VEHICLES
VIOLATION
ADDRESS: 1193 HERNANDO ST
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006040727
ROBERT MITCHELL
INV. MARIO BONO
ORD.ORD. 04-41 SEC.4.05.03(A)
ILLEGAL PARKING OF VEHICLES-SINGLE-F AMIL Y DWELLINGS
VIOLATION
ADDRESS: 3465 DORADO WAY
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030831
DANIEL REBECA
INV. KEEGAN
ORD. 2005-44 SEC. 6,7,& 8
LITTER
VIOLATION
ADDRESS: 2653 V AN BUREN AVE.
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007050417
DIMITRI SOLTAN & TATIANA TANNEHILL
INV. MUCHA
ORD. 2004-58, SEe. 6, SUBSECT.2,3,4,5, 10 &11
MINIMUM HOUSING VIOLATIONS
VIOLATION
ADDRESS: 2263 SPRUCE ST.
VII. OLD BUSINESS
IX. REPORTS
VIII. CONSENT AGENDA
X. NEXT MEETING DATE: March 7, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
7
February 15, 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: 9:40 AM
n. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County
due to payment of fines:
. Agenda #1, Case # CE 3803 - BCC vs. Talia L. Nelson
. Agenda #21, Case # PU 2587 - BCC vs. Mark and Lisa Moreno
(b) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by the
County due payment:
. Agenda #4, Case # 2007030831 - BCC vs. Daniel Rebeca
(c) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County
due to compliance:
. Agenda #22, Case # PU 3440 - BCC vs. Chester Feeser
. Agenda #23, Case # PU 3437 - BCC vs. Hanne Marie Muegge
. Agenda #24, Case # PU 3442 - BCC vs. Wilma Whitaker Trustee and August
P. Neuman trust.
. Agenda #25, Case # PU 3443 - BCC vs. Kenneth E. & Mary Lou Carlson
. Agenda #26, Case # PU 3444 - BCC vs. Felix & Margoret Birnbaum
. Agenda #27, Case # PU 3445 - BCC vs. Carl E. & Marguerite Monty
. Agenda #28, Case # PU 3447 - BCC vs. John J. Lynagh Sr.
. Agenda #29, Case # PU 3448 - BCC vs. Marie Zolner Lawrence
. Agenda #30, Case # PU 3449 - BCC vs. Donald B. & Dana A. Tracy
. Agenda #31, Case # PU 3446 - BCC vs. Enid Card
(d) Re: Agenda #2, Case # CE 176 (#2007110410), the spelling ofthe Investigator's name
was corrected to Michaelle Crowley.
(e) Re: Agenda #12, Case #SO 155607, the spelling of the Sheriff's Deputy's name was
corrected to Castineira.
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.
2
February 15, 2008
The Special Magistrate noted the list of cases previously identified were primarily due to violations
of the Phase II Water Restrictiolls. Due to the severe drought cOllditiolls which the County is
experiencillg, these violatiolls are health, safety and welfare issues. The Special Magistrate stated
it was commendable to have achieved compliance ill so mallY cases. Both the Code Enforcement
Departmellt and the home owners have recogllized the seriouslless of this issue and their
cooperation ill resolvillg these cases is important.
111. APPROVAL OF MINUTES
The Minutes of the Hearing held 011 February 1, 2008 were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motions for Continuance:
8. Case # SO 159168 - BCC vs. Irma Tobar
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Lindley was not present.
Violation(s): Ord. Sec. 130-66(1)(H)
Parked in fire lane
Violation address: Winn Dixie Plaza in front of Be ails (Golden Gate Pkway)
The Special Magistrate stated the Court Liaison for the Sheriffs Office submitted a
Request for a Continuance on behalf of Deputy Lindley. The Request stated the officer
requested the Continuance due to a previous commitment and would be unable to attend.
The Special Magistrate GRANTED the Request for a Continuance from the Sheriff's
Department.
19. Case # PR 000400 - BCC vs. E. Pod!!orske
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Skinner was present.
Violation(s): Ord. Sec. 130-66
Not parked in parking area
Violation address: Rover Run Veterans Park
The Special Magistrate stated the Respondent had submitted a written Request for a
Continuance statiug he would be on vacation on the date of the Hearing.
The Park Ranger stated he had no objection to the granting of a Continuance.
The Special Magistrate GRANTED the Respolldent's Motion for a Continuance.
3
February 15, 2008
Sue Chapin, Secretary to the Special Magistrate, stated a Stipulation had been reached in
Agenda # 20, Case # PU 3618 - BCC vs. Michael Toledo.
V. PUBLIC HEARINGS
A. Stipulations:
20. Case # PU 3618 - BCC vs. Michael Toledo
The Hearing was requested by Collier County Public Utilities Investigator George Cascio
who was present.
The Respondent had been present earlier and entered into a Stipulation but left before the
Hearing could be heard.
Violation(s): Ord. 02-17, Sccs. 5 & 5.4
Phase 11 Water Restrictions - watering on wrong day
Violation address: 5272 320d Ave. SW
A Stipulation had been agreed to by the Respondents, Michael Toledo, on behalfofhis wife,
Ramona A. Toledo, and himself
The Investigator stated it was a second offense for the Respondent who agreed to pay the
fine and fees associated with violations of Phase 11 Water Restrictions.
The Special Magistrate asked the Investigator ifhe witnessed the Respondent signing the
Stipulation due to the unusual signature. He stated he had.
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 afine in the amount of$250.00,
together with an administrative fee of $5. 00 on or before March 15, 2008.
The Respondents were ordered to pay the Operatiollal Costs incurred by Code
Ellforcemellt during the prosecutioll of this case ill the amoullt of $50.00 on or before
March 15, 2008.
B. Hearings:
2. Case # CE 176 (#2007110410) - BCC vs. Roval Floridian Transportation, Inc.
The Hearing was requested by the Respondent, Linda Hill as owner, who was present.
Collier County Code Enforcement lnvestigator Michaelle Crowley was also present.
Violation(s): Ord. Sec. 142-31, 33(J), 37(B), 58(F)(4)
Employed/allowed operate vehicle for hire without valid Driver's ID
Violation address: Ritz Carlton, 280 Vanderbilt Beach Road
The Respondent stated that her driver, Larry Jacobs, had not picked up the license that had
been issued to him. The office was aware their driver had been notified his license was
4
February 15, 2008
available for pick up. Due to a last minute call from a customer regarding a change in flight,
he was put into service without having the license in his possession. The Respondent stated
the driver was not allowed to operate in Collier County while his license renewal was being
processed.
The Investigator noted that this was a continuation of a previous Hearing.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of
$100.00, together with an administrative fee of $5. 00, on or before March 15, 2008
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
3. Case # DAS 11635 - BCC vs. Manuel Ouiroz
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Hinkley was not present.
Violation(s): Ord Sec. l4-36(A)(7)
Snaps, grows, threatens - female pit bull
Violation address: 913 Pine St., Immokalee, FL
The Special Magistrate read a letter submitted by the Respondent in which he stated he had
taken steps to correct the situation with his dog.
The Respondent asked for the case to be dismissed.
The Special Magistrate GRANTED the Respondent's Requestfor Dismissal.
4. Case # SO 161942 - BCC vs. Barbara Hedl!eoath
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Deputy Sheriff Kenneth Robins was present.
Violation(s): Ord. Sec. 130-67
Parking in a handicapped space - striped access
Violation address: River Chase - across from Publix
The Deputy stated the Respondent, who had been present earlier, entered into an Oral
Stipulation and agreed to pay the fine.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of
$250.00 on or before March 15,2008 unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
Operational Costs were waived.
5
February 15, 2008
5. Case # SO 150563 - BCC vs. Marcelle L. Beneat
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Renee Sosbe was also present.
Violation(s): Ord. 130-67
Parking in a handicapped space. Obstructing the space
Violation address: 954 Goodlette Road No.
The Respondent stated she parked her "chair" in one of four handicapped spaces in the front
of her building. She had notified the Assistant Manager of the building and was not told
that it was a violation. She had seen wheelchairs parked in the handicapped spaces before.
and she didn't know the rules had changed.
The Special Magistrate stated the building management has no control over County
Ordinances or State Statutes.
The Deputy stated the Respondent frequently placed her wheelchair in a handicapped space
in order to save a space for her car. It was apparently a common practice of the Respondent,
and the neighbors were upset because the space was not available when needed by others.
The Deputy introdnced two photographs of the wheelchair which were marked as County's
Exhibits "A" and "B" 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 pay the civil fine in the amount of
$250.00 on or before May 15, 2008 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 $50.00 on or before
May 15, 2008.
6. Case # SO 133604 - BCC vs. Leila Jenson
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Deputy SherifTFred Klinkman was present.
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Berkshire Commons - Publix
The Deputy requested dismissal of the case because the Respondent had provided proof of
her permit. The Deputy stated she will pay the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
6
February 15, 2008
9. Case # SO 133619 - BCC vs. Francis Abbev
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Deputy Sheriff Fred Klinkman was present.
Violation(s): Ord. 130-67
Parked .- handicapped space - no parking permit visible
Violation address: Freedom Square - Karabas
The Deputy requested dismissal of the case because the Respondent had provided proof of
his permit. The Deputy stated he will pay the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
10. Case # SO 133622 - BCC vs. Charles Goines
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Deputy Sheriff Fred Klinkman was present.
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Pine Ridge Center - Radio Shack
The Deputy requested dismissal of the case because the Respondent had provided proof of
his permit. The Deputy stated he will pay the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
11. Case # SO 133633 - BCC vs. Dorothv Maurice
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Dcputy Shcriff Fred Klinkman was present.
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Carillon Plaza - Circuit City
The Deputy requcsted dismissal of the case because the Respondent had provided proof of
her permit. The Deputy stated she will pay the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
13. Case # SO 133640 - BCC vs. Yvette Mathews
The Hearing was requested by the Respondent who had been present earlier, but left
before the Hearing could be heard.
Collier County Deputy Sheriff Fred Klinkman was present.
7
February 15, 2008
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Physician's Regional- Pine Ridge
The Deputy requested dismissal of the case because the Respondent had provided proof
of her permit.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
14. Case # SO 133638 - BCC vs. Thomas E. Barnicle
The Hearing was requested by the Respondent who had been present earlier, but left
before the Hearing could be heard.
Collier Connty Deputy Sheriff Fred Klinkman was present.
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Towne Center Theatre
The Deputy requested dismissal of the case because the Respondent had provided proof
of his permit. The Deputy stated she will pay the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
16. Case # SO 158458 - BCC vs. Judv Ent
The Hearing was requested by the Respondent who had been present earlier, but left
before the Hearing could be heard.
Collier County Deputy Sheriff Fred Klinkman was present.
Violation(s): Ord. 130-67
Parked - handicapped space - no parking permit visible
Violation address: Physician's Regional- Collier Blvd.
The Deputy requested dismissal of the case because the Respondent had provided proof
of her permit. The Deputy stated she will pay thc $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
7. Case # SO 162866 - BCC vs. Llewellvn Williams
The Hearing was requested by the Respondent who had bcen present earlier, but left before
the Hearing could be heard.
Collier County Deputy Sheriff Lawrence Keller was present.
Violation(s): Ord. 130-67
Parked - handicapped space
Violation address: Strand - Bella Mia Pizza
8
February 15,2008
The Deputy requested dismissal of the case because the Respondent had provided proof
of his pem1it. The Deputy stated the Respondent is mailing in the $5.00 administrative fee.
The Special Magistrate GRANTED the Deputy's Requestfor Dismissal.
12. Case # SO 155607 - BCC vs. SODa Butler
The Hearing was requested by the Respondent who was present.
Collier County Deputy SheriffCastineira was also present.
Violation(s): Ord.316.195(2)
Improper parking against the flow - curb one-way
Violation address: Bed Bath & Beyond - 5351 Airport Pulling
The Respondent stated she didn't realize the parking had changed to one-way. She stated
there is very limited parking in that plaza.
The Investigator stated the road does curve and is used mostly by delivery trucks. He
introduced photographs of the vehicle parked in front of the "one-way" sign which were
marked as County's Exhibits "A" and "E."
Finding the Notice of Hearing had been properly served, the Respolldent was found
GUILTY of the alleged violation(s) and was ordered to pay the Citation fee ill the amount
of $30.00 on or before March 15,2008 unless altered by a subsequent Stipulatioll or
Order of the Special Magistrate.
Operatiollal Costs were waived.
15. Case # SO 162928 - BCC vs. Donald Ponskv
The Hearing was requested by the Respondent who was present.
Collier County Deputy Kenneth Robins was also present.
Violation(s): Ord. Sec. 130-67
Handicapped space - striped access
Violation address: NCH Hospital- 11190 Immokalee Rd.
The Respondent stated he had just taken his son to the Emergency Room and was unable to
find an available handicapped space. The Respondent cannot walk any distance. He did not
know that he was not allowed to park in the access area even though he had a handicapped
permit displayed on his vehicle. He also stated there is very limited handicapped parking.
The Deputy introduced photographs of the vehicle which were marked as County's Exhibits
"A" and "B" and admitted into evidence. The Deputy stated there is sufficient handicapped
parking but it is in several locations around the hospital.
Finding the Notice of Hearing had been properly served, the Respolldent was found
GUILTY of the alleged violatioll(s) and was ordered to pay the Citation fee in the amount
of$250.00 on or before May 15, 2008 unless altered by a subsequent Stipulatioll or
Order of the Special Magistrate.
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February 15, 2008
Operational Costs were waived.
The Special Magistrate stated if the fine is not paid, the County could place a lien
against his real and/or personal property and begin foreclosure proceedings.
17. Case # PR 001520 - BCC vs. Edward J. Mitchell
The Hearing was requested by the Respondent who was present
Collier County Park Ranger Mauricio Araquistain was also present.
Violation(s): Ord. Sec. 130-66
Failure to display paid parking receipt
Violation address: Barefoot Beach access
The Park Ranger stated the permit on the vehicle had expired and issued the Citation.
The Respondent stated his wife was driving the car. She had stopped for a comfort break.
He stated both he and his wife thought his permit was renewed at the same time as his licensc
plate. He further stated the parking permit had been renewed.
The Park Ranger stated most permits expire one year from the date of purchase.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount
of $30.00 on or before March 15, 2008 unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
Operational Costs were waived.
18. Case # PR 001524 - BCC vs. John Jackson
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violation(s): Ord. Sec. 130-66
Failure to properly affix sticker
Violation address: Barefoot Beach access
The Respondent stated the permit was displayed on the dashboard of his vehicle because he
drives a rental vehicle, and changes vehicles often. He was told when the permit was issued
that he might try placing it on his dashboard because he drove rental cars. He stated there
should be an option to place the permit on the dashboard when the vehicle is not owned.
The Park Ranger stated the Respondent, as a property owner, can obtain a new permit each
time he changed vehicles at no cost. He must retum the (ruined) sticker /Tom the rental
vehicle to Parks and Recreation and they will issue a replacement sticker.
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 Citation fee in the amount
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February 15, 2008
of $30.00, on or before March 15,2008 unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
Operational Costs were waived.
RECESS: 11:17 AM
RECONVENED: 11 :35 AM
V. PUBLIC HEARINGS
B. Hearings:
32. Case # PU 3687 - BCC vs. Jose Medina
The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin
who was represented by Senior Investigator Ray Addison.
The Respondent was not present.
Violation(s): Ord. 02-17, Secs. 5 & 5.4
Phase II Water Restrictions - watering on wrong day
Violation address: 14135 Collier Blvd.
The Investigator stated this was a repeat violation and had been abated.
He stated the property and the Courthouse had been posted. The Notice of Hearing had been
sent to the Respondent via Certified Mail. The Investigator requested imposition of the
maximum tine because of the nature of the violation.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s} and was ordered to pay a civil fine in the amount of
$500.00, together with an administrative fee of $5. 00, on or before March 15, 2008
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 $50.00 on or before
March 15, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2006090279 - BCC vs. Anl!elo B. Camoanello & Diane M. Camoanello
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Azure Sorrels.
The Respondents were also present.
John ("Jack") Gerah appeared as a witness for the Rcspondents.
Violation(s): Ord. 2004-41, Sec. 5.03.02(A)(3)
Wooden fence damaged and is missing sections
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February 15, 2008
Violation address: 141 First Street, Naples, FL 341 \3
Supervisor Dantini stated the initial Order was dated June I, 2007 and the violation had
been abated on February 14, 2008. Notice was sent to the Respondent via Certified Mail
and the property was posted.
The County requested imposition of the Operational Costs in the amount of$268.90,
together with tines in the amount of$23,600.00 for the period from June 23, 2007 through
February 14, 2008 (236days @ $100.00), for a total fine of$23,868.90.
The Special Magistrate explained that she would not re-hear the case. She asked the
Respondents to present mitigating circumstances to explain the delay in obtaining
compliance.
The Respondents' witness stated when he learned of the Respondents' situation, he urged
them to attend to the matter. A member of their church, who is a licensed contractor,
obtained the building permit and installed the fence. He asked if the basis for the tines and
penalties was because of non-compliance with the Ordinance. Supervisor Dantini replied
affirmatively.
The Respondent stated he did not have the funds to pay for the fence. He also stated he did
install over $2,000.00 worth of security cameras to protect his property.
The witness stated the fence was damaged during Hurricane Wilma and repairs were
completed on February 12,2008. He stated he felt the fines were excessive.
The Special Magistrate explained the fines had accrued because the repairs were not made
during the allotted time period allotted. She also explained there had been a previous Hearing
on this issue that the Respondent had not attended.
The Respondent stated he felt he was being harassed by Collier County because he could
provide video tape and photographs of other violations in the area that have been ignored by
Code Enforcement.
When again questioned by the Special Magistrate as to the reason for the length of the delay,
the Respondent stated his wife was diagnosed with cancer and depression. He further stated
he could not enter his rear yard to make repairs due to an injunction placed upon him by a
neighbor.
The Special Magistrate stated there were consequences to be paid when compliance is not
done, but she was taking into consideration the mitigation circumstances presented by the
Respondents.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but
reduced the amount to $1,600.00, plus Operational Costs in the amount of $268.90, for a
total fine of$1,868.90.
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February 15, 2008
5. Case # 2007050417 - BCC vs. Dimitri Soltan & Tatiana Tannehill
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Joe Mucha.
The Respondents were not present.
Violation(s): Ord. 2004-58, Sec. 6, Subsect. 2, 3, 4, 5, 10 & 11
Minimum housing violations
Violation address: 2263 Spruce St.
Supervisor Dantini stated the fines have been paid, and the County wished to withdraw its
Motion for Imposition of Fines.
The Special Magistrate GRANTED the County's Request for Withdrawal of its Motion for
Imposition of Fines.
2. Case # 2006030343 - BCC vs. Javier & Sarah Fernandez
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Heinz Box.
The Respondents were not present.
Violation(s): Ord. 04-41, Sec. 2.01.00(A)
Inoperable/untagged vehicles
Violation address: 1193 Hernando St., Naples, FL 34103
Supervisor Dantini stated the violations had been abated.
The County requested imposition of Operational Costs in the amount of$182.68, a civil
penalty in the amount of$IOO.OO, together with fines in the amount of $1,550.00 for the
period from May 13,2006 through Jnne 13,2006 (31days @ $50.00) for a total fine of
$1,832.68.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
3. Case # 2006040727 - BCC vs. Robert Mitchell
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Mario Bono.
The Respondent was not present
Violation(s): Ord. 04-41, Sec. 4.05.03(A)
Illegal parking of vehicles - single family dwellings
Violation address: 3465 Dorado Way, Naples, FI 34105
The Investigator stated the violations had been abated, and the County requested imposition
of the Operational Costs only in the amount of$128.46.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
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February 15,2008
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA - None
IX. REPORTS
The Special Magistrate stated on February 12, 2008, the Collier County Board of County
Commissioners approved the Rules and Regulations under which the Office of the Special
Magistrate operates. She stated she will review and sign the document.
X. NEXT MEETING DATE - March 7,2008
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:35 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended
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