CESM Minutes 03/07/2008
March 7, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, March 7, 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, ofthe
Government Complex, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
ALSO PRESENT:
Gary Dantini, Code Enforcement Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: March 7, 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 PER rAINING 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
MAGlSTRA TE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
J. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - February 15,2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
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)( I )(10) &
I 002.06(B)(1 )(E)(I)
BUILDING PERMITS
VIOLA TlON
ADDRESS: 47 MOON BAY ST
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100970
YORDANYSHECTOR
INV. ED MORAD
ORD. 04-41. SECTION 2.01.00(A)
INOPERABLE/UNT AGGED VEHICLES
VIOLATION
ADDRESS: 2081 SUNSHINE HL VD.GOLDEN GATE CITY
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007100969
YORDANYS HECTOR
INV. ED MORAD
ORD. 2005-44, SECTION 6 & 7
LITTER AND ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 2081 SUNSHINE BLVD.GOLDEN GATE CITY
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070057
RGZ LAND DEVELOPMENT, LLC
INV. JOE MUCHA
ORD. 2004-58, SECTION 6,SUBSECTION(S) 1,7,9,11.12A,121, 12J,12P.19A,19B&20
MOBILE HOME WITH MINIMUM HOUSING VIOLATIONS
132 JEEPERS DR.
20070000304
HENRY TESNO & JILL WEAVER
INV. JOE MUCHA
ORD. 2004-58, SECTION 6, SUHSECTIONS(S) 2
MOBILE HOME BEING OCCUPIED WITHOUT WATER & ELECTRIC
VIOLATION
ADDRESS: 3069 LUNAR ST.
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 161194
WILLIAM J. KENDALL
DEPUTY ANDERSON
ORD. 130-67
HANDICAP SPACE-ACCESS ISLE
VIOLA TlON
ADDRESS: 1602 LAKE TRAFFORD RD. IMMOKALEE
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 158454
CHARLES DAHLSTROM
DEPUTY KLlNKMAN
ORD. 130-67
HANDICAP SPACE-DRIVER USED PERMIT OF ANOTHER
VIOLATION
ADDRESS: HOME DEPOT E.
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
SO 161303
EDWIN Q. HERNANDEZ
DEPUTY ROWE
ORD 130-67
HANDICAP SPACE
2
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
SO 159168
IRMA TOBAR
DEPUTY LINDLEY
ORD. SEe 130-66 (I) (H)
PARKED IN FIRE LANE
VIOLA TlON
ADDRESS: WINN DIXIE PLAZA IN FRONT OF BEALLS (GOLDEN GATE PKWY) 0-2
10. CASE NO: DAS] ]798
OWNER: ANGELA HOWARD
OFFICER: OFFICER A. MARTINDALE
VIOLA TIONS: ORD. 14.36, SEC. A 2
ALLOW DOG OR CAT TO RUN AT LARGE
VIOLA TION
ADDRESS: 106 WESTWOOD DR.
11. CASE NO: DAS 11618
OWNER: NELSON MARTINEZ
OFFICER: OFFICER K. ZEITLER
VIOLATIONS: ORD. 1436, SEe A (2)
ALLOWING A DOG TO RUN AT LARGE
VIOLATION
ADDRESS: 37TH AVE. NE
12. CASE NO: DAS 11619
OWNER: NELSON MARTINEZ
OFFICER: OFFICER K. ZEITLER
VIOLATIONS: ORD. 1436 SEC. A (4)
FAILURE TO AFFIX A LICENSE
VIOLATION
ADDRESS: 37TH AVE. NE
13. CASE NO: DAS] ]620
OWNER: NELSON MARTINEZ
OFFICER: OFFICER K. ZEITLER
VIOLATIONS: ORD. 14.34 SEe A
FAILURE TO LICENSE A DOG
VIOLATION
ADDRESS: 37TH AVE. NE
14. CASE NO: PR 002337
OWNER: RICHARD M. RANDALL
OFFICER: OFFICER C. HUCKLER
VIOLA TlONS ORD. SEe. 130-66
I.AILURE TO DISPLA Y PAID LAUNCH RECEIPT
VIOLA TlON
ADDRESS: 951 HOAT RAMP
3
15.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
PR 000400
E. PODGORSKE
PARK RANGER SKINNER
ORD. SEe 130-66
NOT PARKED IN PARKING AREA
VIOLA TlON
ADDRESS: ROVER RUN VETERANS PARK
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2004080929
NATHAN BENDERSON, TR.ET.AL& RUBEN WAYNE
INVESTIGATIVE SUPERVISOR GARY DANTIN I
ORD. 04-41, SECS. 5.06.00,5.06.01,5.06.061(:1 & 10.02.06(B)
WALL SIGNS WITH CANCELLED PERMIT
VIOLATION
ADDRESS: 4965 GOLDEN GATE PKWY
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
200508]087
ROBERT A. MITCHELL
INVESTIGATIVE SUPER VISOR GARY DANTINI
ORD. 04-41AS AMENDED SEe. 2.01.00
BOA T PARKED ON SIDE OF HOUSE
VIOLATION
ADDRESS: 3465 DORADO WAY
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2005040190
DAVID HOOLIHAN
INVESTIGATIVE SUPERVISOR GARY DANTIN I
OD 04-41 AS AMENDED SEe. 10.02.06 &104.1.3.5
UNPERMITTED ELECTRICAL ALTERA nON
VIOLA TION
ADDRESS: 2721 66TH S1'. SW
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005110770
ESTIVERNE MEVEILLEUSE
INVESTIGATIVE FIELD SUPERVISOR CAROL SYKORA
ORD. 04-41 AS AMENDED SEe. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
VIOLATION
ADDRESS: 631 HOPE CIRCLE
4
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005070547
ZONIA & JULIO LAMBERT
INVESTIGATIVE SUPERVISOR PATTI PETRULLI
ORD. 04-41 AS AMENDED SEC. 1.04.01,2.01.00
MULTIPLE UNLICENSED VEHICLES ON FRONT OF PROPERTY
VIOLATION
ADDRESS: 3450 CHEROKEE ST.
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005110328
TERESO BAUTISTA & EMILIANA LOPES VASQUEZ
INVESTIGATIVE SUPERVISOR GAR Y DANTIN I
ORD. 04-58 SEC. 7
NO RENTAL REGISTRATION
VIOLATION
ADDRESS: 3545 23RD AVE. SW
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005070730
BOLDING & CO., INC.VILLAGE INN OF GOODLAND
INVESTIGATIVE SUPERVISOR GARY DANTINI
OR 81-42 SEe 1
FAILURE TO MAINTAIN OCCUPATIONAL LICENSE FOR THE VILLAGE INN
OF GOODLAND
VIOLA TlON
ADDRESS: 212 HARBOR PLACE
8.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
VIOLATION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007080668
ROILAN PEREZ
INV. ROB GANGULI
2004 FBC, R4l01.l7.1 AS ADOPTED HY COLLIER CO.
RESIDENTIAL SWIMMING POOL WITHOUT A SAFETY BARRIER
1974 46TH ST. SW
2007030290
ROILAN PEREZ
INV. JOHN SANTA FEMIA
ORD. 2004-58, SEe:. 6, SUHSEe:. 1,5,11 & SEC. 7, SUBSEC. 2
FAILURE TO REGISTER RENTAL PROPERTY & RENTING A ROOM IN
DWELLING WITH NO KITCHEN OR BATH FACILITIES
VIOLA TlON
ADDRESS: 652 POMPANO DRIVE
10.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2005010687
AL'D FAYARD, JR.
INVESTIGA TlVE SUPERVISOR GARY DANTINI
ORD. 04-41, AS AMENDED, SEC. 1.04.01 & 2.02.03
SEVERAL UNLlCENSEDIINOPERABLE VEHICHES
VIOLATION
ADDRESS: 901 AIRPORT ROAD S.
5
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005060225
LAKER INVESTMENT MGMT, INC.
INVESTIGATIVE SUPERVISOR GARY DANTIN I
ORD. 04-58 SEe. (7) 2
FAILED TO OHT AIN RENTAL REGISTRATION
VIOLATION
ADDRESS: 4500 GOLDEN GATE PKWY
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2004080776
ENDLESS SUMMER RV ESTATES, LTD.
INVESTIGATIVE SUPERVISOR GARY DANTIN I
ORD. 04-41. SEe:. 10.02.06 & ORD. 2002-0 I, SEe:. 104.1.1,104.1.3.5 & 106.1.2
PATIO ENCLOSURE WITHOUT PERMIT
VIOLATION
ADDRESS: 242 MARIE LANE
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2004090339
JOSEPH H. & LAURA H, HOLCOMB
INV. RON MARTINDALE
ORD. 91-02, SEC. 104.1.1
COLLAPSED & DETERIORATING FENCE
VIOLATION
ADDRESS: 560 VALLEY DRIVE E
15.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2004090214
KEVIN D & KATHLEEN MURPHY
INVESTIGATIVE SUPERVISOR GARY DANTlNI
ORD. 04-58, SEe:. 7
FAILURE TO REGISTER RENTAL PROPERTY
VIOLATION
ADDRESS: 7925 TIGER LILY DR.
16.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2004110643
FIFTH THIRD TRUST CO & SAV BANK ATTN: CORPORATE FACILITIES
INVESTIGATIVE SUPERVISOR GARY DANTINI
ORD. 04-41,AS AMENDED, SEe:. 5.06.000,5.06.01,5.06.06C\:J (I). IO.02.06(B)
EXPIRED SIGN POLE PERMIT
VIOLATION
ADDRESS: 5076 AIRPORT RD. N.
17. CASE NO: 2006080317
OWNER: WILLIAM SCRIVENS ST. EST. CLEVELAND BURGESS & JAMES
SCRIVENS
OFFICER: INVESTIGATIVE FIELD SUPERVISOR CAROL SYKORA
VIOLA TIONS: ORD.04-41 SEC. I 0.02.06(B)( I )(A). (H)( I )(D), (H)( I )(0) (I)
NO PERMITS FOR SECOND MOBILE HOME
VIOLATION
ADDRESS: 424 15TH ST. SE
6
18.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
2006070320
ROTHCHILD INVESTMENTS,LLC.C/O CHRISTOPER SHUCART
INVESTIGA TIVE SUPER VISOR JEFF LETOURNEAU
ORD. 04-41, SEC. 1.04.0 I A, 1 0.02.06(B)( I )(A)(D)(I)
NON PERMITTED FOOD CART, NO COLLIER CO. OCc. LICENSE
1195 AIRPORT RD. S.
A. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices
resulting from nuisance abatement violation enforcement actions.
IX. REPORTS
X. NEXT MEETING DATE: April 4, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
7
March 7, 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
The Special Magistrate announced that, on March 7, 2008, she signed into effect the Revised
Rules and Regulations under which the Office of the Special Magistrate operates. The Revised
Rules and Regulations have been approved by the Board of County Commissioners.
11. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item V(B), "Hearings," the following case was REMOVED from the Agenda by
the County due to compliance:
. Agenda #4, Case # 2007070057 - BCC vs. RGZ Land Development, LLC
(b) Under Item V(B), "Hearings," the following case was WITHDRAWN by the County
due to payment of fines:
. Agenda #6, Case # SO 161194 - BCC vs. William J. Kendall
(c) Under Item VI(A), "Imposition of Fines," the following cases were WITHDRAWN by
the County due to payment:
. Agenda #13, Case # 2004080776 - BCC vs. Endless Summer RV Estates, L TD
. Agenda #14, Case # 2004090339 - BCC vs. Joseph H. & Laura H. Holcomb
(d) CORRECTIONS:
. Under Item V(B), "Hearings," Agenda #5, Case # 20070000304, the violation address
was corrected to 3080 Van Buren.
. Under Item Vl(A), "Imposition of Fines," Agenda #3, Case # 2005040190, the Owner's
name was corrected to Dan P. Hoolihan.
(e) Under Item V(B), "Hearings," Agenda #8, Case # SO 161303 - BCC vs. Edwin Q.
Hernandez was dismissed as requested by the Sheriff's Department Deputy.
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 February 15,2008 were reviewed by the Special Magistrate
and approved as submitted.
2
March 7, 2008
IV. MOTIONS
A. Motions for Continuance: NONE
V. PUBLIC HEARINGS
A. Stipulations:
15. Case # PR 000400 - BCC vs. E. Pode:orske
The Hearing was requested by the Respondent who had been present earlier but left before
the Hearing could be heard..
Collier County Park Ranger Norman Skinner was present.
Violation(s): Ord. Sec. 130-66
Not parked in parking area
Violation address: Rover Run Veterans Park
The Park Ranger stated he met with the Respondent earlier and the Respondent admitted to
the vio1aJion. He further stated the Respondent entered into an ORAL STIPULATION and
agreed to pay the tine.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay ajine in the amount of
$30.00, together with an administrative fee of $5.00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
14. Case #PR 002337 - BCC vs. Richard M. Randall
The Hearing was requested by the Respondent who had been present earlier but left before
the Hearing could be heard..
Collier County Park Ranger Carol Buckler was present.
Violation(s): Ord. Sec. 130-66
Failure to display paid launch receipt
Violation address: 951 Boat Ramp
The Park Ranger staled she met with the Respondent earlier and the Respondenl admitted to
the violation. Ranger Buckler further stated the Respondent entered into an ORAL
STIPULA TION 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 ajine in the amount of
$30.00, together with an administrative fee of $5. 00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
3
March 7, 2008
V. PUBLIC HEARINGS
B. Hearings:
2. Case #2007100970 - BCC vs. Yordanvs Hector
The Hearing was requesled by Collier County Code Enforcement Investigalor Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 04-41, Sec. 2.01.00(A)
Inoperable/untagged vehicles
Violation address: 2081 Sunshine Blvd., Golden Gate City
The Special Magistrate stated that, due to a County-wide problem with mailing and
service of Notice, the case will be CONTINUED.
3. Case #20071 00969 - BCC vs. Y ordanvs Hector
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 2005-44, Sections 6 & 7
Litter and accumulation of Litter
Violation address: 2081 Sunshine Blvd., Golden Gate City
The Special Magistrate announced that, due to a County-wide problem with mailing and
service of Notice, the case will be CONTINUED.
7. Case # SO 158454 - BCC vs. Charles Dahlstrom
The Hearing was requested by the Respondent, Beverly Dahlstrom, who was not present
but was represented by her husband.
Collier County Deputy Sheriff Fred Klinkman was also present.
Violation(s): Ord. 130-67
Handicap space - driver used permit of another
Violation address: Home Depot
The Deputy stated the Citation had been issued to Beverly Dahlstrom.
Charles Dahlstrom stated the vehicle was titled to both his wife and himself, but the
handicapped permit was issued solely to him. He drove his wife's car to Home Depot
and parked it in a handicapped parking space. They switched cars, and he drove his vehicle
away but left the handicapped permit in his wife's car.
The Deputy stated he observed the Respondent, Beverly Dahlstrom, loading her car but the
handicapped permit was not visible. When he asked for her permit, she stated it had been
issued to her husband. The Deputy stated he explained the penalty for using someone
4
March 7, 2008
else's handicapped permit while parking in a handicapped space, and the fine could be as
high as $500.00 and/or 60 days in jail under the State's Statute.
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
$250.00 on or before April 7, 2008 unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
Operational Costs were waived.
9. Case # SO 159168 - BCC vs. 1rma Tobar
The Hearing had been requested by the Respondent who was not present.
Collier County Deputy Sheriff Lindley was present.
Violation(s): Ord. Sec. 130-66(I)(H)
Parked in fire lane
Violation address: Winn Dixie Plaza in front of Bealls (Golden Gate Pkwy)
The Deputy stated this case had been continued from a previous Hearing. He stated every
other column was posted with notices identifying the fire lane.
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
$30.00, together with an administrative fee of $5. 00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50.00 on or before April 7, 2008.
10. Case # DAS 11798 - BCC vs. Aneela Howard
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Anita Martindale was present.
William and Angela Caldwell were also present as witnesses.
Violation(s): Ord. 14.36, Sec. A(2)
Allow dog or cat to run at large
Violation address: 106 Westwood Dr., Naples, FL 34110
The Respondent stated she owns two Labrador Retrievers that are kept either in her house
or in Ihe yard. She had an electric fence installed to surround her property. She stated
there are other dogs in the neighborhood that resemble her dogs and feels some of the
problems attributed to her dogs might be due to mistaken identity. She stated she tried to
be in her yard whenever her dogs were outside to make sure they remained on property.
She stated the next door neighbors are the only ones who seem to have a problem with her
dogs.
The Officer stated she had not witnessed the dogs being off property. She stated the
reporting parties showed her two videos - one was very dark and the other showed a dog
with ils paws on the driveway. She was unable to find other neighbors who had also
experienced problems with Ihe dogs.
5
March 7, 2008
William Caldwell stated the dogs bit his wife, Angela, approximately two years ago. The
dogs have also chased his son, Nathan. He stated the dogs have become more aggressive
and most of the problems happened during the evening hours. He had also called the
County Sheriffs Department because of this problem. He brought the videos to show the
dogs were not wearing their shock collars and were in front of other neighbor's houses
further down the street.
The Respondent viewed the videos and objected to one of the videos being admitted into
evidence. The other showed her house at Christmas.
The Special Magistrate stated the video was not clear enough to see anything and determined
it had little probative value, but she admitted it into evidence as Counly's Exhibit "A" for
Appellate purposes. Mr. Caldwell was requested to provide a copy of the video on a CD to
Code Enforcement by March 14,2008,
The Respondent stated her dogs have not bitten anyone. She stated a previous dog, a black
Lab, did scratch Angela Caldwell, but that dog is no longer at her property. She further
stated she is having a large hedge planted on her property to restrict visual contact between
her dogs and the neighbors.
The Special Magistrate ruled there was sufficient evidence to determine the dogs were off-
property and roaming "at large."
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
$100.00, together with an administrative fee of$7.00, on or before May 7,2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50.00 on or before May 7,2008.
RECESS: 10:38 AM
RECONVENE: 10:51 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case # 2005070547 - BCC vs. Zonia & Julio Lambert
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
Violation(s): Ord. 04-41 as amended, Sec. 1.04.01,2.01.00
Multiple unlicensed vehicles on front of property
Violation Address: 3450 Cherokee St., Naples, FL 34112
Investigator Dantini stated the violation had been abated, and the County requested
imposition only of Operational Costs in the amount of$163.47.
The Respondent stated the property was part of a family Trust. He was unaware the
6
March 7, 2008
Operational Costs had nol been paid and stated he would pay the Operational Costs within
90 days.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
15. Case # 2004090214 - BCC vs. Kevin D. and Kathleen Murphv
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent, Kevin D. Murphy, was present and also represented his wife, Kathleen
Murphy.
Violation(s): Ord. 04-58, Sec, 7
Failure to register rental property
Violation Address: 7925 Tiger Lily Dr., Naples, FI34l13
Invesligator Dantini stated Ihe violalion had been abated.
The County requesled imposition of the Operational Costs in the amount of$135.88,
together with fines in the amount of$5,130.00 for the period from April 5, 2005 through
September 23, 2005 (I 71days @ $30.00/day), for a total fine of$5,265.88.
The Respondent stated he purchased the property in March, 2006, and did not have any
knowledge of the prior situation or why his attorney or Ihe title company failed to advise
him of the lien. He stated the lien had apparently not been recorded when he closed on his
property. He stated the property is his home and is not a rental property.
County Attorney Jeff Wright requested a brief conference with Code Enforcement, and
Investigator Dantini stated the County would have no objection to a reduction in the
amount of the fines.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but,
due to the unusual circumstances, reduced the total amount to $135.88 (Operational
Costs).
18. Case # 2006070320 - BCC vs. Rothchild Investments. LLC c/o Christopher Shucart
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau.
The Respondent was also present. The Respondent stated he is a Managing Member of
Rothchild Investments, LLC.
Violation(s): Ord. 04-41, Sec. 1.04.0IA, 1O.02.06(B)(I)(A)(D)(I)
Non-permitted food cart, no Collier County Occupational License
Violation Address: 1195 Airport Rd. S.
The County requested imposition of Operational Costs in the amount of $144.60 together
with fines in the amount of:
(a) $72,000.00 for the period from August 29,2006 through June 13,2007
(288 days @ $250/day), and
7
March 7, 2008
(b) $55,500.00 for the period from July 28,2007 through March 6, 2008
(222 days @ $250/day)
for a total amounl of$127,644.60.
The Respondent stated his company purchased the shopping center on Airport Road which
included the "red wagon" concession stand. He was aware of the lien and had spoken with
the owner, Victor George, who assured him that the fines would be paid and items cited by
the County would be repaired. The Respondent introduced a copy ofletter of agreement
(with attachments) to Viclor George which was admitted into evidence and marked as
Respondenl's Composite Exhibit "A."
The Respondent stated he became involved in April, 2007 and that he obtained a building
permit and corrected all of the violations previously cited by the Counly. He obtained a
Certificate of Completion for the permanent tie-down of the wagon on August 21, 2007.
He further stated between attorney's fees, survey costs, and permit fees, his company has
expended approximately $8,000.00 to correct the violations.
Investigator Letourneau stated that since the wagon has not been operated, the conditional
use permit and occupational license required by the Order were not really necessary.
Supervisor Letourneau stated the County would not object to a reduction of the fees.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the fees to $6,250.00 for a total fine of
$6,394.60 (including Operational Costs of$144.60).
3. Case # 2005040190 - BCC vs. Dan P. Hoolihan
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was also present and stated his name is Daniel Patrick Hoolihan.
Violation(s): Ord. 04-41 as amended, Sec. 10.02.06 & 104.1.3,5
Unpermitted eleclrical alteration
Violation Address: 2721 66th St. SW, Naples, FL 34105
Supervisor Dantini stated the violation had been abated.
The County requested imposition of the Operational Costs in the amount of$168.57,
together with fines in the amount of$750.00 for the period from November 16, 2005
through December I, 2005 (I5days @$50.00/day), for a total fine of$918.57.
The Respondent stated the property had been owned by his brother, David Hoolihan, who
died in December, 2005. He stated he purchased the property from the Estale in January,
2008, Neither his attorney nor the title company informed him of the lien. He further
stated the Estate does not have Ihe funds to pay the lien.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the total amount of the fine of$168.57.
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March 7, 2008
16. Case # 2004110643 - BCC vs. Fifth Third Trust Co. & Savinl!:s Bank, Attn:
Corporate Facilities
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was represented by Pat Ferguson, Senior Facility Manager.
Lynn Rants, Images Sign Company, was also presenl as a witness.
Violation(s): Ord. 04-41 as amended, Sec. 5.06.00, 5.06.01, 5.06.06(C)(l), 1O.02.06(B)
Expired sign pole permit
Violation Address: 5076 Airport Rd. N., Naples, FL 34105
Supervisor Dantini stated the violation had been abated and the Operational Costs had been
paid.
The County requested imposilion of fines in the total amount of$3,500.00 for the period
from August 31,2005 through November 9,2005 (70days @ $50.00/day).
Mr. Ferguson asked the representative from Images Sign Company to explain the timeline.
Ms, Rants stated her company was hired to abate the violation. She initially applied for a
Demolition Permit from Collier County as requested but later found it does not exist for
signage. She contacted Michaelle Crowley who stated fines would not be levied while the
company was trying to remove the non-conforming pole sign. Additional permits were
applied for, the old sign was removed on September 29,2005, and a final inspection was
conducted in November, 2005. She stated the inspection was delayed due to Hurricane
Wilma. She did not think there was any urgency to completing the project.
The Special Magistrate stated the Bank had a responsibility to follow up with the County.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the total amount of the fine of $500.00.
V. PUBLIC HEARINGS
B. Hearings:
1. Case # #2007070244 - BCC vs. Marv Edwards
The Hearing was requesled by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 1O.02.06(B)(l)(A), 1O.02.06(B)(l)(E) &
I 0.02.06(B)(1 )(E)(I)
Building permits
Violation address: 47 Moon Bay St.
9
March 7, 2008
The Investigator stated the case had been continued from a previous hearing and the violation
concerned an unpermitted storage shed. She further stated she had spoken with the property
owner and her son several times. She stated the property owner is handicapped and has a
limited income,
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to apply for and obtain all required
building permit, inspections and a Certificate of Completion or obtain a demolition
permit, inspections and a Certificate of Completion, on or before April 7, 2008, or a fine
of $100. 00 per day will be imposed for each day the violations remain 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 $226.13 on or before
April 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
The Investigator stated that, due to the Respondent's limiled income, the County would not
object to reducing the fine to $50.00 per day even though she had initially asked for the full
amount allowed by Statute.
The Special Magistrate granted the County's requestfor a reduction of the amount of the
fine.
5. Case # 20070000304 - BCC vs. Henrv Tesno and Jill Weaver
The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha
who was present.
The Respondents were not present.
Violation(s): Ord. 2004-58, Section 6, Subsection 2 & II
Mobile home being occupied without water and electric
Violation address: 3080 Van Buren Ave, Naples, FL 34112
The Investigator staled the property is solely owned by Jill Weaver and the violation
address is 3080 Van Buren A venue. He further stated the violation included Subsection II.
The Investigator introduced a letter from the City of Naples verifying that power and
electric had been turned off to the property and a list all of the violations which were
marked as County's Composite Exhibit "A" and admitted into evidence. He also introduced
fourteen photographs of the property which were marked as County's Composite Exhibit
"B" and admitted into evidence.
The Special Magistrate noted this was a repeat violation of Case #2007110459, The
confusion over the names of the property owners was due 10 the prior case in which the
property was owned by both parties. The Ordinance allows the repeat violation to be
brought even though the property address was different.
10
March 7, 2008
The Special Magistrate noted Ihe Agenda is amended to reflect the changes of ownership,
address, and violation subsection.
The Investigator stated the property is currently vacanl and has been posted.
Cpl. Mike Nelson, Collier County Sheriffs Department, stated the tenants had illegally
tapped inlo a neighbor's water supply, and had run an extension cord between the two
properties which ended up starting a small tire.
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 civil penalty of $5,000. 00
on or before April 7, 2008 unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
The Respondent was ordered to restore water and electricity to the property OR obtain a
Boarding Certificate and inspection to secure the property until the utilities could be
restored, all on or before March 14, 2008, or afine of $500. 00 per day will be imposed
for each day the violations remain thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
If the Respondent is unable to comply by June 7,2008, Code Enforcement may obtain
contractor bid-out to demolish the property 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 $243. 60 on or before
April 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
11. Case # DAS 11618 - BCC vs. Nelson Martinez
12. Case # DAS 11619 - BCC vs. Nelson Martinez
13. Case # DAS 11620 - BCC vs. Nelson Martinez
The Hearing was requested by the Respondent who was present and who stated that he
did not speak English.
The Special Magistrate stated these cases would be continued to allow the Respondent an
opportunity to bring a translator with him.
Supervisor Dantini contacted Code Enforcement Investigator Cristina Perez via telephone.
in order for her to explain to the Respondent that the cases would be CONTINUED.
RECESS: 12:23 PM
RECONVENED: 12:37 PM
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March 7, 2008
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2004080929 - BCC vs. Nathan Benderson Trust. et al. & Ruben Wavne
Violation(s): Ord. 04-41, Sees. 5.06.00, 5.06.01, 5.06.06(C), 10.02.06(B)
Wall signs with cancelled permit
Violation Address: 4965 Golden Gate Pkwy,
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
2. Case # 2005081087 - BCC vs. Robert A. Mitchell
Vio1ation(s): Ord. 04-41 as amended, Sec. 2.01.00
Boat parked on side of house
Violation Address: 3465 Dorado Way
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
6. Case # 2005110328 - BCC vs. Tereso Bautista & Emiliana Lopes VasQuez
Violation(s): Ord. 04-58, Sec. 7
No rental registration
Violation Address: 3545 23,d Ave. SW
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
10. Case # 2005010687 - BCC vs. Al'd Favard. Jr.
Violation(s): Ord. 04-41 as amended, Sec. 1.04.01 & 2.02.03
Several unlicensedlinoperab1e vehicles
Violation Address: 901 Airport Road S,
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
8. Case # 2007080668 - BCC vs. RoHan Perez
Violation(s): 2004 FBC, R4101.17.1 as adopled by Collier County
Residential swimming pool without a safety barrier
Violation Address: 1974 46th St. SW
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
12
March 7, 2008
9. Case # 2007030290 - BCC vs. RoHan Perez
Violation(s): Ord. 2004-58, Sec. 6, Subsec.l, 5, II and Sec. 7, Subsec. 2
Failure to register rental property and renting a room in dwelling
With no kitchen or balh facilities
Violation Address: 652 Pompano Drive
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
17. Case # 2006080317 - BCC vs. William Scrivens Est.. Cleveland BUr!!ess
and James Scrivens
Violation(s): Ord. 04-41, Sec. 1O.02.06(B)(1)(A), (B)(1)(D), (B)(I)(D)(I)
No permits for second mobile home
Violation Address: 424 15th St. SE
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
4. Case # 2005110770 - BCC vs. Estiverne Meveilleuse
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Carol Sykora,
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00
Unlicensed/Inoperable vehicle on property
Violation address: 631 Hope Circle
Supervisor Dantini stated the violation had been abated.
The County requested imposition only of the Operalional Costs in the amount of$190.67.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
7. Case # 2005070730 - BCC vs. Boldine: & Co., Inc.. Villae:e Inn of Goodland
The County was represented by CoJlier County Code Enforcement Supervisor Gary
Dantini.
The Respondents were not present.
Violation(s): Ord. 81-42, Sec. I
Failure to maintain occupational license for the Village Inn of Goodland
Violation address: 212 Harbor Place, Goodland, FL 34140
Supervisor Dantini stated the violation had been abated.
13
March 7, 2008
The County requested imposition of the Operational Costs in the amount of$170.51,
together with fines in the amount of $18,500.00 for the period from October 31, 2005
through December 7,2005 (37 days @ $500.00/day), for a total fine of$18,670.5I.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines.
11. Case # 2005060225 - BCC vs. Laker Investment Me:mt.. Inc.
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 7(2)
Failure to obtain rental registration
Violation address: 4500 Golden Gate Pkwy, Naples, FL 34116
Supervisor Dantini stated the violation had been abated.
The County requested imposition only of the Operational Costs in the amount of$186.77.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA
A. Recommendation to approve the Imposition of Lien for owners of record who have
failed to pay invoices resulting from nuisance abatement violation enforcement
actions.
The Special Magistrate stated she was provided an Executive Summary together with
packets of information with the exception of Item #2.
Sue Chapin, Secretary to the Special Magistrate, stated no packet or information had
been provided for that case.
The Special Magistrate stated she would approve all of the cases with the exception
of Case #2007090652 - BCC vs. Than Naing (Lien amount - $297.00).
IX. REPORTS
X. NEXT MEETING DATE - April 4, 2008
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March 7, 2008
*****
There being no further business for the good of the County, the Hearing was adjourned by
Order ofthe Special Magistrate at 12:51 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended
15