CESM Minutes 04/18/2008
April 18, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, April 18, 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:
Jeff Letoumeau, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: April 18, 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
MAGISTRA TE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
J. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rnles and regnlations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - April 4, 2008
IV. MOTIONS
A. Motion for Continnance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 158491
DONALD CRAIG
DEPUTY KLINKMANN
ORD. SEC. 130-67
NO VISIBLE PERMIT
VIOLA nON
ADDRESS: NEOPOLITAN PUBLIX
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 165751
MARCELA UGARTE
DEPUTY KRANTZ
ORD. SEC. 130-67
PARKING IN HANDICAP SPACE
VIOLATION
ADDRESS: COUGAR DR. BARRON COLLIER HS
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 3933
CRAIG & GINGER LEA ROBINSON
INVESTIGATOR CASCIO
ORD.02-17, SEC. 5,4
PHASE III WATER RESTRICTION
VIOLA nON
ADDRESS: 452 SHARWOOD 34110
FOLIO NO: 65471760008
4.
CASE NO:
OWNER:
OFFICER:
. VIOLATIONS:
PR 002019
WILLIAM ERMATINGER
PARK RANGER ARAQUISTAIN
ORD. SEC. 130-66
PARKED ACROSS THE DELINEATED BOUNDARIES OF A PUBLIC SPACE
VI0LAnON
ADDRESS: GOLDEN GATE COMMUNITY CENTER
5.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
PR 001641
BRIAN WESSON
PARK RANGER KAVAN
ORD. SEe. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: BAREFOOT ACCESS LOT
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 001974
CHARLES NOVAK
PARK RANGER GORNIAK
ORD. SEC. 130-66
PARKED IN NO PARKING AREA
VIOLA nON
ADDRESS: CLAM PASS PARK
7.
CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
DAS 11033
MARIBEL PALACIOS
OFFICER EllA
ORD. 14:36 SEC. A-2
ALLOWING A DOG TO RUN AT LARGE
VI0LAnON
ADDRESS: 310 S. 6TH ST. 34142
2
8.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
DAS 11034
MARIBEL PALACIOS
OFFICER EllA
ORD. 14:36 SEC. A-7
ALLOW A DOG TO SNAP, GROWL, SNARL, JUMP OR OTHERWISE
THREATEN PERSONS
VIOLATION
ADDRESS: 310 S. 6TH ST. 34142
9.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
DAS 11646
STEPHEN FULLER
OFFICER HINKLEY
ORD. 14-36 SEC. A-2
ALLOWING A DOG TO RUN AT LARGE (DAISY)
VIOLATION
ADDRESS: PUBLIC WAY 46TH ST. SW
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11648
STEPHEN FULLER
OFFICER HINKLEY
ORD. 14-36 SEC. A-7
ALLOW A DOG TO SNAP, GROWL, SNARL, OR THREATEN PERSONS USING
THE RIGHT OF WAY (DAISY)
VIOLATION
ADDRESS: PUBLIC WAY 46TH ST. SW
11.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
DAS 11647
STEPHEN FULLER
OFFICER HINKLEY
ORD. 14-36 SEC. A-2
ALLOWING A DOG TO RUN AT LARGE (CARL Y)
VIOLAnON
ADDRESS: PUBLIC WAY 46TH ST. SW
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11649
STEPHEN FULLER
OFFICER HINKLEY
ORD. 14-36 SEC. A-7
ALLOW A DOG TO SNAP, GROWL, SNARL, OR THREATEN PERSONS USING
THE RIGHT OF WAY (CARL Y)
VIOLATION
ADDRESS: PUBLIC WAY 46TH ST. SW
3
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
15.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
FOLIO NO:
VIOLA nON
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
2007050220
CRESECENCIO MARTINEZ
INVESTIGATOR JOE MUCHA
ORD. 2004-58 SEC. 6, SUBSECnONS 12C & 12P
MINIMUM HOUSING-REQUESTS EXTENSION OF nME ON REPAIRS
60784200001
5257 CYPRESS LANE 34113
CEV20070000569
ANDREW SA V AGE,JOHN BRUNER & HALLEY E. SA V AGE
INVESTIGATOR THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 2.01.00(B)
REPEAT VIOLA nON OF RECREA nONAL VEHICLE (BOAT)
PARKED/STORED ON RESIDENnALL Y ZONED PROPERTY
49482000003
4002 CINDY AVE. 34112
CESD20080000261
RODNEY DAREUS & DALMACY DARE US
INVESnGATOR THOMAS KEEGAN
ORD. 04-41, AS AMENDED, SEC. 10.02.06 (B) (I )(A)
UNPERMITTED CAPORT ERECTED WITHOUT NECESSARY COLLIER CO.
PERMIT
67493440003
4101 ROSE AVE. 34112
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
FOLIO NO:
VIOLA nON
ADDRESS:
2007050041
ANTHONY & LINDA BRANCATO
INVESTIGA TOR STEVE A THEY
ORD. 04-41 AS AMENDED SEC. I 0.02.06(B)(I )(A), I 0.02.06(B)( I )(E) &
IO.02.06(B)(I)(E)(I); COLLIER COUNTY LAND DEVELOPMENT CODE,
SECnON 22, ARTICLE 11, SUBSECTIONS 104.1.3.5 & 106.1.2; FLORIDA
BUILDING CODE 2004 EDInON SECS. 105.1 & !O5.7
BUILDING PERMITS
62767600105
745 95TH AVE. N. 34108
4
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VIOLATION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
FOLIO NO:
VIOLATION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
2007051042
JERRY & MILDRED SALTER
INVESTIGATOR RENALD PAUL
ORD. 2004-41 SECA.05.03(A)
VEHICLES PARKED IN FRONT YARD
62262320003
5313 BROWARD ST.34113
2007020708
LYNNE CADENHEAD
INVESTIGATOR JOE MUCHA
ORD. 2004-58, SEC. 6, SUBSECTIONS 11,12B,12I,12M,12N,I2P,19A
MINIMUM HOUSING VIOLA nONS
74413360004
3412 OKEECHOBEE ST. 34112
2007050969
FLORENCE RA YMONVIL
INVESnGATOR RENALD PAUL
ORD. 2005-44, SEC.(S) 6,7,& 8
LITTER
62154080008
5270 GEORGIA AVE. 34113
2007060709
SHANNA WARD
INVESnGATOR RON MARTINDALE
ORD. 04-58, SEC 12C
FAILURE TO INSTALL PERMANENT ROOFING ON SFD STRUCTURE
62427280001
728 I 10TH AVE. N.34108
2007090255
DAVID & SUSAN E. ALLEN
INVESTIGA nVE SUPERVISOR JEFF LETOURNEAU
ORD. 2004-41, SEC. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES PARKED
65221920001
171 FLAME VINE DR.34110
5
7
CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VI0LAnON
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
2007080627
LUIS BARRIOS & DIANA GONZALEZ
INVESnGATOR JOHN SANTA FEMIA
ORD. 2004-58, SECTION 6, SUB(S)
1,I1,12B,12D,121,12M,12N,120,12P,19A,19B,19D, & 20
MINIMUM HOUSING VIOLA nON
36322360007
5437 27TH PL SW 34116
2007040797
W ALTER L & CLAUDIA D TESTER
INVESTIGATOR AZURE SORRELS
ORD. 2004-58, SEC(S) 6(12F)(l2G)(12H)(l21)(l2N) & (15)
MINIMUM HOUSING VIOLA nON
68341280000
31 OCHO RI0S 34114
2006070610
WENDY L. WELCH
INVESTIGA TOR MICHAELLE SCA VONE
FL BLDG. CODE 2004 EDITION, SEe. 105.1
EXPIRED FENCE PERMIT
40745480000
4260 6TH AVE. NE 34120
2007100021
HECTOR MOTINO
INVESTIGATOR TOM KEEGAN
ORD. 2004-41, SEC. 4.05.03(A)
REPEAT VIOLATION-VEHICLES PARKED ON GRASS
67490240002
4012 ROSE AVE.34112
2007090050
BERNARD & PATRICIA HAYWOOD
INVESTIGATOR CARMELO GOMEZ
ORD. 04-41 AS AMENDED SEC. 10.02.06(B)(I)(A)
BUILDING PERMITS
35992120005
3095 47TH ST SW 34116
6
12.
CASE NO:
OWNER:
OFFICER:
VIOLAnONS:
FOLIO NO:
VIOLA nON
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
IX. REPORTS
2007050335
ROILAN PEREZ DEL VAL
INVESnGA TOR CRISTINA PEREZ
ORD. 04-58 SEe. 6 SUBSEC. 15
POOL PROPERTY MAINTENANCE
39840840006
2946 45TH AVE NE 34120
X. NEXT MEETING DATE: May 2, 2008 at 9:00 A.M. located at the BCC Cham hers, 3301 E. Tamiamj Trail.
XI. ADJOURN
7
April 18, 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 giveu by Special Magistrate Garretson. Special
Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents
were giveu an opportunity to speak with their Investigating Officer(s) for a Resolution
by Stipulation; looking for compliance without being punitive.
RECESS: 9:15 AM
RECONVENED: 9:40 AM
II. 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 and/or compliance:
. Agenda #1, Case # SO 158491 - BCC vs. Donald Craig
. Agenda #4, Case # PR 002019 - BCC vs. William Ermatinger
. Agenda # 9 -12, Case # DAS 11646,47,48 and 49 - BCC vs. Stephen Fuller
(b) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by
the County due to payment and/or compliance:
. Agenda #2, Case # 2007051042 - BCC vs. Jerry & Mildred Salter
. Agenda #6, Case # 2007090255 - BCC vs. David & Susan E. Allen
(c) Under Item V(C), "Emergency Cases," Case # CEPM 20080002951 - BCC vs. Charles
D. Brown was added to the Agenda
(d) Under Item Vl(A), "Imposition of Fines," Agenda #8, Case # 2007040797 - BCC vs.
Walter L. & Claudia D. Tester was rescheduled to May 2, 2008
(e) Under Item VI(A), "Imposition of Fines," Case # 2007090050 - BCC vs. Bernard
and Patricia Haywood (Agenda #11) was moved to Item V(B), "Hearings," as
Agenda # 16.
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
Sue Chapin, Secretary to the Special Magistrate, made the following corrections:
(a) on Page 7, under "Hearings," Agenda #27, Case # 2007110261 - BCC vs. Douglas Carter,
the violation was corrected to Sec(s). 424.2.17.1 to 424.2.17.1.14
(b) on Page 13, under "Hearings," Agenda #13, Case # SO 11620 - BCC vs. Nelson Martinez,
the violation was corrected to Ord. 14.34, Sec. A
2
April 18, 2008
(c) on Page 13, under "Hearings, "Agenda #23, Case # 20070000512 - BCC vs. Thomas A.
Johns Sf., the violation was corrected to Ord. 04-41, Section 2.02.03
(d) On Page 15, under "Imposition of Fines, " Agenda #1, Case # 2004080929 - BCC vs.
Nathan Benderson Trust, et aI, Ruben Wayne replaced Steve Dermangian
(e) On Page 17, under "Hearings," Agenda 29, Case # 2007100446 - BCC vs. Capital Edge,
LLC Tr., Designs Land TR UTD 5/12/06, Robert Locker, Registered Agent, the violation was
corrected to Ord. 2004-41 as amended, Sec(s). 5.03.02(A)(2) & 5.03.02(A)(3)
The Minutes of the Special Magistrate Hearing held on April 4,2008, were reviewed by the
Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Continuance:
13. Case # 2007050220 - BCC vs. Cresecencio Martinez
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
present.
Violation(s): Ord. 2004-58, Sec. 6, Subsections 12C & 12P
Minimum housing
Violation address: 5257 Cypress Lane, Naples, FL 34113
The Special Magistrate noted the Case had been hcard previously and the Respondent had
entered into a Stipulation. The Special Magistrate stated the Respondent had submitted a
letter requesting an extension of time to comply, as well as requesting that the Hearing be
continued, but the Respondent did not cite any reason for the Requests.
Investigator Mucha stated the Case began in May, 2007, and objected to the granting of a
Continuance.
The Special Magistrate DENIED the Respondent's Motion for a Continuance.
V. PUBLIC HEARINGS
A. Stipulations:
3. Case # PU 3933 - BCC vs. Crail! & Ginl!er Lea Robinson
The Hearing was requested by the Respondents who were present earlier and entered into
a Stipulation, but chose to leave before their Case could be heard.
Collier County Public Utilities Investigator George Cascio was present.
Violation(s): Ord. 02-17, Section 5.4
Phase III Water Restriction
3
April 18, 2008
Violation address: 452 Sharwood Df., Naples, FL 34110
A Stipulation had been agreed to by the Respondent, Craig Robinson, on behalf oj his Wife,
Ginger Lea Robinson, and himself on April 18, 2008.
The Investigator stated the Respondent, Craig Robinson, admitted violating the Water
Restrictions and agreed to pay the fine. **
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to pay a civilJine in the amount of
$30.00, on or before April 18, 2008 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 $50. 00 on or before
May 18, 2008.
(** The Investigator stated he had waived payment of the Operational Costs. The Special
Magistrate imposed the Operational Costs.)
V. PUBLIC HEARINGS
B. Hearings:
2. Case # SO 165751 - BCC vs. Marcela Uearte
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Krantz was not present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space
Violation address: Cougar Df., Barron Collier HS
Collier County Code Enforcement Investigative Supervisor Jeff Letourneau stated the
Sheriffs Department had called Code Enforcement stating the Deputy was not available to
attend the Hearing.
Collier County Code Enforcement Investigator John Santafemia stated the Deputy had been
involved in a narcotics arrest earlier in the morning.
The Special Magistrate asked the Respondent if she objected to the Deputy's Request for a
Continuance being granted and the Respondent stated she did not have any objection.
The Special Magistrate GRANTED the Deputy Sheriff's Request for a Continuance.
6. Case # PR 001974 - BCC vs. Charles Novak
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Kurt Araquistain appeared on behalf of Ranger Barry Gorniak.
4
April 18, 2008
Violation(s): Ord. Sec. 130-66
Parking in no parking area
Violation address: Clam Pass Park
The Respondent stated he asked a parking attendant at Clam Pass Park if he would be allowed
to park his motorcycle next to the tram area because the area restricted to bikes/motorcycles
was filled. He stated there was another motorcycle parked in the same area as his bike. He
further stated he had been unsuccessful in his attempts to locate the name of the parking
attendant from the County.
Park Ranger Araquistain introduced a photograph taken by Ranger Gorniak which was
marked as County Exhibit "A" and admitted into evidence. He stated the motorcycle was
parked at the fire lane which is a no-parking zone. He further stated the parking attendant is
supposed to direct people to other parking areas when there is overflow.
When questioned by the Special Magistrate, the Ranger admitted there was no signage
identifying the area as a no-parking zone.
The Special Magistrate stated the County did not provide sufficient evidence to prove their
case.
Finding the Notice of Hearing had been properly served, the Respondent was found NOT
GUILTY of the alleged violation(s).
7. Case # DAS 11033 - BCC vs. Maribel Palacios
8. Case # DAS 11034 - BCC vs. Maribel Palacios
The Hearing was requested by the Respondent who was present
Collier County Department of Anirnal Services Office Peter Hinkley was present on behalf
of Officer Elia.
Violation(s): (DAS 11033) Ord. 14:36, Sec. A-2
Allowing a dog to run at large
(DAS 11034) Ord. 14:36. Sec. A-7
Allowing a dog to snap, growl, snarl, jump or otherwise
threaten persons
Violation address: 310 S. 6th St., Immokalee, FL 34142
The Special Magistrate noted the Respondent had sent a letter to Code Enforcement and
asked the Respondent if she would present the information contained in the letter during the
Hearing.
The Respondent stated the dog did not belong to hef. She rents an apartment. (There are 4
apartments in the complex.) The dog belonged to an individual ("Manuel") who asked the
property owner ifhis dog could be left on her property. The Respondent stated the property
owner consented because the dog's owner, who resided elsewhere in Immokalee, would be
responsible for feeding the dog. The dog was chained on the other side of the complex.
5
April 18, 2008
On the date of the incident, she returned home with her son and was told by a neighbor that
the white dog was running loose. She stated she remained in her car because she was afraid
of the dog and had, on two other occasions, called the police because the dog had growled
and snapped at hef.
Other tenants called the property owner who called the Collier County Sheriffs. When the
CCSO arrived, they approached the Respondent and asked her to restrain her dog. She told
them the dog did not belong to her although her husband did know the ownef. Because the
dog could not be restrained, CCSO shot the dog. Later, a DAS Officer arrived to pick up the
dog. The Officer stated he was issuing the Citations to her based on information provided by
other tenants. The Rcspondent stated the tenants had just moved into the complex and
incorrectly told him she owned the dog. She stated she gave the name ofthc dog's owner to
the DAS Officef. She stated if the dog had belonged to her, she would have restrained it. She
once again stated the dog did not belong to her and she objected to the Citations.
Officer Hinkley stated he would present the evidence compiled by Officer Elia.
When questioned by the Special Magistrate, the Respondent stated she objected to the
admission of the report and witness statements ("evidence compiled") because the DAS
Officer was not present during the incident and had arrived after to pick up the dog's remains.
Officer Hinkley stated Officer Elia obtained sworn statements from the CCSO Deputy who
had been present and had interviewed the witnesses.
The Special Magistrate stated the evidence would not be admitted because the CCSO Deputy
was not present to testify. The Special Magistrate further stated the Respondent, as the renter
of the property, admitted thc dog had been running loose and had snapped and growled at
people. The Special Magistrate further stated the Respondent had the ability to utilize the
property and was responsible for what occurred on the property.
The Respondent stated she did not allow the dog to be placed there. A neighbor offered to
testify on the Respondent's behalf, but he no longer lives in the area.
The Special Magistrate stated the Respondent should have objected to the property owner
when the dog was allowed on the property and she did not.
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 fine for Citation DAS
11033 in the amount of $1 00. 00, together with an administrative fee of$7.00, and to pay
a civil fine for Citation DAS 11034 in the amount of $1 00. 00, together with an
administrative fee of $7.00, on or before May IS, 200S 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 for Citation DAS 11033 in the amount
of $50. 00 on or before May IS, 200S. Operational Costs for Citation DAS 11034 were
waived.
The Special Magistrate noted it appeared the property owner was the responsible party who
should have appeared at the Hearing.
6
April 18, 2008
IV. MOTIONS
B. Motion for Extension of Time to Comply:
13. Case # 2007050220 - BCC vs. Cresecencio Martinez
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
present.
Violation(s): Ord. 2004-58, Sec. 6, Subsections 12C & 12P
Minimum housing
Violation address: 5257 Cypress Lane, Naples, FL 34113
The Special Magistrate stated she had earlier denied the Respondent's Motion for a
Continuance.
The Special Magistrate stated she reviewed the Respondent's letter requesting an extension
of time to make repairs to the property and noted it did not contain a reason for the Motion
beyond trying to sell the property. The letter stated the property was in "pre-foreclosure."
The Respondent wrote, "If we can get an extension for at least four months, we should be
able to get this sold to another person who will bring the property up to Code. "
The Special Magistrate noted there would be significant liability if the Respondent sold the
property to someone who didn't know about Code violations, the accruing fines, and the liens
on the property.
The Investigator stated the roof needed to be repaired and noted the case had begun in May,
2007. He stated the Respondent has done nothing up to this point.
The Special Magistrate stated the Respondent did not present a sufficient basis to grant
an extension, and that the County had been very lenient with the Respondent.
The Special Magistrate DENIED the Respondent's Motion for an Extension of Time.
14. Case # CEV20070000569 - BCC vs. Andrew Savae:e. John Bruner. & Hallev E.
Savae:e
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent, Andrew Savage, was present and also represented his father, Halley E.
Savage.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(B)
Repeat Violation: Recreational vehicle (boat) parked/stored on
residentially zoned area
Violation address: 4002 Cindy Ave., Naples, FL 34112
The Respondent stated Halley Savage is his father whom he is representing. He further
stated John Bruner is not an owner of the property and his name should be removed. He
7
April 18, 2008
stated he had previously presented a quit-claim deed to Collier County Tax Collector's
Office but that the County had not yet changed its records.
The Special Magistrate stated Mf. Bruner's name would be removed as a party and that
the Respondent and his father were the sole responsible parties.
The Investigator stated this was repeat violation of a prior case which had been closed. The
boat is the same boat. He introduced photographs which were marked as County's Exhibit
"A" and admitted into evidcnce.
The Special Magistrate noted the initial Order was entered in April 7, 2006.
The Respondent stated he is trying to sell the boat. He stated there is absolutely nowhere in
the County to park the boat, and he has been on a waiting list for approximately 30 months
for a storage unit. The Respondent stated the boat has been removed to another location.
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 penalty in the
amount of $1 00. 00, on or before May 18, 2008 unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
The Special Magistrate stated if Code Enforcement cannot verify that there has been
Compliance, the civil penalty will be increased to $500.00.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $232.53 on or before
June 18, 2008.
15. Case # CESD20080000261 - BCC vs. Rodnev Dareus & Dalmacv Dareus
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
Respondent, Rodney Dareus, was also present.
Respondent, Dalmacy Dareus, was not present.
Violation(s): Ord. 04-41, as amended, Sec. 1O.02.06(B)(I)(A)**
Unpermitted carport erected without necessary Collier County permit
Violation address: 4101 Rose Ave., Naples, FL 34112
** The Special Magistrate also noted violations to Sec. 10.02.06(B)(I)(E) and
1O.02.06(B)(I)(E)(I) Collier County Land Development Code; and Section 22, Article II,
Subsections 104.1.3.5 and 106.1.2 of the Florida Building Code, 2004 Edition, Sections 105.1
and 105.7 regarding Building Permits which were not listed on the Agenda.
The Investigator stated that no permit had been issued to construct the carport. He met with
the Respondent on January 23, 2008 at the Code Enforcement Office, and the Respondent
refused to sign the Notice of Violation. The Investigator stated tlie carport had not been
removed on March 4, 2008 when he conducted a site visit. The carport was removed on
April 8, 2008 after the Notice of Hearing was issued.
The Respondent stated the property had been rented, and the violation had been posted
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April 18, 2008
at the rental property -- not at his home address. The Respondent stated he works in Miami.
The Special Magistrate asked the Respondent why it took so long to remove the carport
after he met with the Investigatof. The Respondent stated he asked a friend to remove the
carport.
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 Operational Costs
incurred by Code Enforcement during the prosecution of this case ill the amount of
$250.25 on or before May 18, 2008, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
V. PUBLIC HEARINGS
C. Emergency Hearing:
1. Case # CEPM20080002951 - BCC vs. Charles D. Brown
The Hearing was requested by Collier County Code Enforcement Property Maintenance
Specialist Joe Mucha who was present.
The Respondent was also present.
Violation(s): Ord. 2004-58, Sec. 12
Dangerous building - a Health and Safety Issue
Violation address: 704 W. Main St., Immokalee, FL 34142
The Investigator stated he inspected a 4-unit building on February 22, 2008. On March 5,
2008, he brought a Structural Inspector to the premises who found the structure met the
criteria to be considered "dangerous." On March 13,2008, he obtained a Declaration
Letter from the Building Department and met with the Respondent. The property was
posted at that time. On April 14, 2008, he rechecked the property and no changes or repairs
had been made.
The Investigator introduced the Report from the Structural Engineer which was marked
as County's Exhibit "C," photographs dated February 22, 2008 which were marked as
County's Composite Exhibit "A," and photographs dated March 5, 2008, which were
marked as County's Composite Exhibit "B" and were admitted into evidence.
The Respondent stated he encouraged the tenants to move and even called the CCSO for
assistance but the tenants stated they needed more time to move their belongings. He
made a site visit and noticed most of the tenants had moved, and further stated he had
hired someone to tear it down.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was order to ensure the structure was vacated
011 or before April 21, 2008, or afille of $500. 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 demolish the structure and to remove all debris from the
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April 18, 2008
property on or before May 9, 2008, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondent is unable to comply within the allotted time period, the County is
authorized to demolish the structure and to assess the cost for the abatement to the
Respondent. If necessary, the County may request assistance from the Collier County
Sheriff's Department in order to obtain compliance.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $320.68 on or before
June 18, 2008.
VI. PUBLIC HEARINGS
A. Motion for Imposition of Fines:
9. Case # 2006070610 - BCC vs. Wendv L. Welch
The County was represented by Code Enforcement Investigative Supervisor Jeff Letoumeau
and Code Enforcement Investigator Michele Scavone
The Respondent was also present.
Violation(s): FL Bldg. Code 2004 Edition, Sec. 105.1
Expired fence permit
Violation address: 4260 6th Ave., NE, Naples, FL 34120
Jerome Brock, Esq. asked permission to assist the Respondent and to speak on her behalf.
The Special Magistrate acknowledged she has been acquainted with Mr. Brock for
approximately 30 years.
The Respondent identified herself as Wendy Luckey.
The initial Order was entered on November 15,2007 after a November 7,2007 Hearing
which the Respondent did not attend.
The County requested imposition of Operational Costs in the amount of$246.97 together
with fines in the amount of $2,200.00 for the period from December 17, 2007 through
January 8, 2008 (22days @ $100/day) for a total fine of $2,446.97.
Mf. Brock stated the Respondent purchased the house in 1991. She installed the existing
fence to enclose her horses. He stated she and her partner work full time. They attempted
to repair the fence when he became ill and was hospitalized. After repairs were completed,
Ms. Luckey contacted Investigator Scavone to ask for an inspection but it was delayed due
to the holiday season. The Respondent stated she was unaware of the requirement to pay
Operational Costs.
Investigator Scavone verified that the Respondent had been in contact with her and had
given progress reports but the inspection had been delayed due to the ChristmasINew Year
holidays.
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April 18, 2008
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but
due to mitigating circumstances, reduced the amount to $346.97.
RECESS: 11:32 AM
RECONVENED: 11:51 AM
The Special Magistrate asked the County if there were any objections to the previous case which
she heard. The Special Magistrate stated she had had a professional relationship with Mr. Brock
for the past 30 years. Supervisor Letourneau stated the County had no objection.
VI. PUBLIC HEARINGS
A. Motion for Imposition of Fines:
5. Case # 2007060709 - BCC vs. Shanna Ward
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator Ron Martindale.
The Respondent was also present.
The Respondent's husband, Steven Weisman, was also present.
Violation(s): Ord. 04-58, Sec. 12C
Failure to install permanent roofing on SFD structure
Violation address: 728 1l0th Ave. N., Naples, FL 34108
Supervisor Letourneau stated Operational Costs had been paid, but fines were still accruing
because the violation had not been abated.
The County requested imposition of fines in the total amount of$II,600.00 for the period
from February 20,2008 through April 18, 2008 (58days @ $200/day).
The Respondent stated the damage was caused by Hurricane Wilma which occurred in
October, 2005. She stated she had been fighting with her insurance company because the
damage to her roof had not been inspected by a claims adjuster until last week. She
stated repairs to the roof are estimated to cost between $15 to 18,000 but the insurance
company refused to pay that amount. She had been unable to obtain a Grant from the
County to pay for the repairs.
Mf. Wiseman confirmed the problems the insurance company had caused by delaying
to inspect the damage.
The Special Magistrate ruled this matter would be CONTINUED for 90 days in
order to allow the Respondent enough time to resolve the situation. The Special
Magistrate further stated all fines would be stayed until the next Hearing.
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April 18, 2008
Supervisor Letourneau stated the County had no objection to the ruling.
10. Case # 2007100021- BCC vs. Hector Motino
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator Thomas Keegan.
The Respondent was also present.
Jorge Quinones served as interpreter for the Respondent and stated he was not associated
with Collier County.
Violation(s): Ord. 2004-41, Sec. 4.05.03(A)
Repeat Violation: Vehicles parked on grass
Violation address: 4012 Rose Ave., Naples, FL 34112
Supervisor Letourneau stated the violations had been abated.
The County requested imposition of Operational Costs in the amount of $211.99, together
with a civil penalty in the sum of$500.00 for a total fine of$711.99.
The Respondent stated he has not worked full-time in the past four months and only his wife
is working. He further stated the home is going into foreclosure.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but
reduced the amount to $511.99.
V. PUBLIC HEARINGS
B. Hearings:
11. Case # PR 001641 - BCC vs. Brian Wesson
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cinde Kavan was present.
Vio1ation(s): Ord. Sec. 130-66
Failure to display paid parking receipt
Violation address: Barefoot Beach access lot
The Park Ranger stated there was no paid parking receipt display on the vehicle.
The Respondent was notified of the Hearing via certified mail and the file contained
proof of delivery from the U.S. Postal Service.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount
of$30.00, together with an administrative fee of$5.00, on or before May 18, 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 18, 2008.
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April 18, 2008
16. Case # 2007090050 - BCC vs. Bernard & Patricia Havwood
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez who was present.
The Respondent was not present.
Violation(s): Ord. 04-41, as amended, Sec. 10.02.06(B)(1)(A)
Building permits
Violation address: 3095 47'h St. SW, Naples, FL 34116
The Investigator stated the violation description was "a carport erected without a Collier
County permit."
He stated he spoke with the Respondent, Bernard Haywood, in August, 2007, who claimed
the carport did have a permit. He stated his last contact with the Respondent was in
December, 2007 and the violation had not been abated.
The Investigator stated the property was posted and the property is vacant.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to either obtain a Collier County
Building Permit, all required inspections and a Certificate of Occupancy, or to obtain a
Collier County Demolition Permit, all required inspections and a Certificate of Completion
on or before May 18, 2008, or a fine of $1 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 $241.33 on or before
May 18, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
The Investigator noted the property has been in foreclosure since December, 2007.
The Special Magistrate suggested sending a courtesy copy of the Order to the attorney
handling the foreclosure proceedings.
VI. PUBLIC HEARINGS
A. Motion for Imposition of Fines:
1. Case # 2007050041- BCC vs. Anthonv & Linda Brancato
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator Steve Athey.
The Respondents were not present.
Violation(s): Ord. 04-41, as amended, Sec. 1O.02.06(B)(I)(A), 1O.02.06(B)(1)(E) and
I 0.02.06(B)( I )(E)(I), Collier County Code of Laws & Ordinances;
Section 22, Article II, Subsections 104.1.3.5 and 106.1.2, Florida
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April 18, 2008
Building Code 2004 Edition, Secs. 105.1 and 105.7
Building permits
Violation address: 745 95lh Ave. N., Naples, FL 34108
Supervisor Letourneau stated the violations had not been abated and fines are continuing to
accrue.
The County requested imposition of Operational Costs in the amount of $214.08 together
with fines in the amount of$21,200.00 for the period from January 3,2008 through
April 18, 2008 (106days @ $200/day) for a total fine of $21 ,414.08.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
3. Case # 2007020708 - BCC vs. Lvnne Cadenhead
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondent was not present.
Violation(s): Ord. 2004-58, Sec. 6, Subsections II, 12B 121, 12M, 12N, 12P and 19A
Minimum housing violations
Violation address: 3412 Okeechobee St, Naples, FL 34112
Supervisor Letourneau stated the violations had not been abated and fines are continuing to
accrue.
The County requested imposition of Operational Costs in the amount of$295.85 together
with fines for the litter violations in the amount of$19,300.00 for the period from
October 8, 2007 through April 18, 2008 (193 days @ $1 OO/day), and fines for the property
maintenance violations in the amount of $33,000.00 for the period from December 8, 2007
through April 18, 2008 ($132 days @ $1 OO/day), for a grand total of fines in the sum of
$52,595.85.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
4. Case # 2007050969 - BCC vs. Florence Ravmonvil
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator Renald Paul.
The Respondent had been present earlier, but chose to leave before her Case could be
heard.
Violation(s): Ord. 2005-44, Sec(s). 6, 7 & 8
Litter
Violation address: 5270 Georgia Ave., Naples, FL 34113
Supervisor Letourneau stated the violations had been abated.
The County requested imposition only of Operational Costs in the amount of $241.92.
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April 18, 2008
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
7. Case # 2007080627 - BCC vs. Luis Barrios & Diana Gonzalez
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator John Santafemia.
The Respondents were not present.
Violation(s): Ord. 2004-58, Section 6, Sub(s). I, II, 12B, 12D, 121, 12M - P, 19A & B,
19 D and 20
Minimum housing violations
Violation address: 5437 27th PI, SW, Naples, FL 34116
Supervisor Letourneau stated the violation has been abated.
The County requested imposition only of Operational Costs in the amount of $287.17
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines.
12. Case # 2007050335 - BCC vs. Roilan Perez Del Val
The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau
and Code Enforcement Investigator Cristina Perez.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 6, Subsec. 15
Pool property maintenance
Violation address: 2946 45th Ave., NE, Naples, FL 34120
Supervisor Letourneau stated the violations for "failure to maintain pool water" have not
been abated and fines continue to accrue.
The County requested imposition of Operational Costs in the amount of$259.32, together
with fines in the amount of $14,600.00 for the period from November 24, 2007 through
April 14, 2008 (146 days @$IOO/day) for a total fine of$14,859.32.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. NEXT MEETING DATE - May 2, 2008
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April 18, 2008
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:55 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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