CESM Minutes 06/06/2008
June 6, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, June 6, 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:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
STAFF PRESENT:
Jeff Letourneau, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: June 6, 2008 at 9:00 A,M,
Location: 3301 E. Tarniarni 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
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.
I, CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - May 16,2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
CASE NO:
OWNER:
OffiCER:
VIOLATIONS:
SO 164719
LAURA DlER
DEPUTY LAWRENCE KELLER
COLLIER CO.CODE Of LAWS & ORD., CHAP. 130, ARTICLE II, SEC.130-66
EXPIRED METER
VIOLATION
ADDRESS: VANDERBILT BEACH
2.
CASE NO:
CE 002697
CEPE20080007241
DUANE NUSE
INVESTIGA TOR RENALD PAUL
CODE Of LAWS & ORD., CHAP. 130, ARTICLE II, SEC. I 30-66
PARKED ALONG SIDE Of ROAD IN RIGHT-Of-WAY
OWNER:
OffICER:
VIOLA TIONS:
VIOLA TION
ADDRESS: 5478 27TH PL SW NAPLES, fL 34116
-' --. - ---_...,--_._~,-,.. -"-'~---"-"'--'-~-"'-"'--'-'-""----'--'
3.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
PR 002601
REBECCA RUDOLF
PARK RANGER BURR
COLLIER CO.CODE Of LAWS & ORD., CHAP. 130, ARTICLE II, SEC. 130-66
EXPIRED METER
VIOLATION
ADDRESS: NORTH GULf SHORE ACCESS COLLIER COUNTY
4.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
PR 002798
BETSY YEWDALL
PARK RANGER ROGER RIECK
COLLIER CO.CODE Of LA WS & ORD., CHAP. 130, ARTICLE II, SEC.130-66
fAILURE TO AFFIX BEACH PARKING PERMIT TO VEHICLE
VIOLATION
ADDRESS: CLAM PASS PARK
5.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
6.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFfiCER:
VIOLATIONS:
fOLIO NO:
VIOLA TION
ADDRESS:
PU 4011
ALKATOTAL LTD. PARTNERSHIP
INVESTIGATOR JEREMY fLORIN
CODE Of LA WS ORD. 2005-44, SEC(S) 6 & 7
LITTER CONSISTING Of BUT NOT LIMITED TO COUCH & DESK IN THE
COUNTY ROW
36009320001
4764 31ST PL. SW, NAPLES, fL 34116
PU 4013
TIITF/STATE OF FL
INVESTIGA TOR JEREMY fLORIN
ORD. 2002-17, SEC.5, SUBS. 5.4
PHASE 1lI WATER RESTRICTION (IRRIGATING AT THE WRONG TIME.)
38110920000
2950 64TH ST. SW, NAPLES, fL 34 I 05
PU 4016
TIITF/STATE OF FL
INVESTIGA TOR JEREMY fLORIN
ORD. 2002-17, SEC.5, SUBS. 5.4
PHASE II WATER RESTRICTION (WATERING ON COUNTY DRY DA YO
38110920000
2950 64TH ST. SW, NAPLES, fL 34 I 05
2
.....-----.-
8.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
DAS 11710
JOSEPH DIMEO
OffICER PETER HINKLEY
CODE Of LA WS & ORD., CH. 14, ARTICLE II, SEC. 14-36, SUBS. A.8
ALLOW TO BARK, WHINE, HOWL OR CAUSE OTHER OBJECTIONABLE
NOISE WHICH IS OffENSIVE SO AS TO CREATE A NUISANCE (BEL VADER)
VIOLATION
ADDRESS: 312 STEERfORTH CT. 34110
9.
CASE NO:
OWNER:
OfFICER:
VIOLA TIONS:
DAS 11711
JOSEPH DIMEO
OffICER PETER HINKLEY
CODE Of LAWS & ORD., CH. 14, ARTICLE II, SEe. 14-36, SUBS. A.8
ALLOW TO BARK, WHINE, HOWL OR CAUSE OTHER OBJECTIONABLE
NOISE WHICH IS OffENSIVE SO AS TO CREATE A NUISANCE (BAL TINE)
VIOLATION
ADDRESS: 312 STEERFORTH CT. 34110
10.
CASE NO:
OWNER:
OFfICER:
VIOLATIONS:
DAS 11685
RODOLFO BARRENECHE
OfFICER KURT ZEITLER
CODE Of LAWS & ORD., CH. 14, ARTICLE II, SEC. 14-36, SUBS. A.2
TO ALLOW A DOG TO RUN AT LARGE K-9 (I)
VIOLATION
ADDRESS: ROADWAY, 6TH AVE. NE
II.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
DAS 11686
RODOLFO BARRENECHE
OffICER KURT ZEITLER
CODE Of LAWS & ORD., CH. 14, ARTICLE II, SEe. 14-36, SUBS. A.2
TO ALLOW A DOG TO RUN AT LARGE K-9 (2)
VIOLATION
ADDRESS: ROADWAY, 6TH AVE. NE
12.
CASE NO:
OWNER:
OffICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007090497
NORMA RAMIREZ
INVESTIGATOR JONATHAN MUSSE
COLLIER CO. LDC ORD. 04-41 AS AMENDED, SEe. 2.0 1.00(A)
MULTIPLE UNLICENSED/INOPERABLE VEHICLES PARKED/STORED ON
RESIDENTIALLY ZONED PROPERTY
63853920002
91 I JACKSON ST. IMMOKALEE 34142
3
-~'_.,._---,_..__._-~~----"-_.~
17.
13.
CASE NO:
OWNER:
OffICER:
VIOLA TIONS:
fOLIO NO:
VIOLATION
ADDRESS:
14.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLA TION
ADDRESS:
15.
CASE NO:
OWNER:
OffICER:
VIOLA TIONS:
fOLIO NO:
VIOLATION
ADDRESS:
16.
CASE NO:
OWNER:
OffICER:
VIOLA TIONS:
fOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
2007090498
NORMA RAMIREZ
INVESTIGA TOR JONA THAN MUSSE
CODE Of LA WS ORD. 2005-44, SEC(S) 6,7, & 8
PROHIBITED ACCUMULA TION Of LITTER CONSISTING OF BUT NOT
LIMITED TO OLD DOORS, ASSORTED METAL & ALUMINUM,WOOD, CANS,
CAR HOODS, TIRES & MORE ON RESIDENTIALLY ZONED PROPERTY
63853920002
91 I JACKSON ST. IMMOKALEE, 34 I 42
CEPM20080003199
RHONDA lONE NEUSE
INVESTIGATOR JOHN SANTAfEMIA
CODE Of LAWS ORD. 04-58, SECT 6, SUB(S)4, 121, 12L, 12P, 19A, 19C & 20
NUMEROUS MINIMUM HOUSING VIOLATIONS
62651040004
702 103RD AVE.N UNIT-A, NAPLES, 34108
CEPM20080001405
SYLVERA & ELMIClA DUPRAT
INVESTIGA TOR REGGIE SMITH
CODE Of LAWS & ORD., CHAP. 22, ARTICLE VI, SECTION 22-231, SUBS.12(1)
MULTIPLE WINDOWS AROUND HOME & SEVERAL GLASS SLATS IN SIDE
GARAGE DOOR ARE DAMAGED/BROKEN; CREATING A NON-WEATHER
TIGHT OR NON-WEATHERPROOf CONDITION
67032560001
245 BAL TUSROL DR. NAPLES, fL 34113
2007010494
MICHAEL J. GOLDSTEIN
INVESTIGA TOR KITCHELL SNOW
CODE Of LA WS ORD. 04-58, ARTICLE VI, SEC. 22-232, SUBS.5
ANNUAL RENTAL REGISTRATION NOT PAID. PROPERTY OWNER AND
REGISTERED AGENT IN fORMA TION INCORRECT OR IMCOMPLETE
64707001348
9066 WHIMBREL WATCH LANE, UNIT 101, NAPLES, 34109
2007080327
6240 COLLIERS GROUP, INC.
INVESTIGATOR AZURE SORRELS
CODE Of LAWS ORD. 04-58, ARTICLE VI, SEC.16, SUB(S) I B & I C
ROOf, fASCIA, SOfFIT & CEILING Of COMMERCIAL BUILDINGS AR NOT
BEING MAINTAINED AS REQUIRED
00731840005
6240 COLLIER BLVD. NAPLES, fL 34114
4
21.
18.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLA TION
ADDRESS:
19.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
20.
CASE NO:
OWNER:
OFfICER:
VIOLATIONS:
fOLIO NO:
VIOLA TION
ADDRESS:
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLA TION
ADDRESS:
C. Ernergency Cases:
VI, NEW BUSINESS
CEV20080003563
KIRK SANDERS
INVESTIGATOR THOMAS KEEGAN
COLLIER CO. LDC ORD. 04-41, AS AMENDED, SEC. 2.01.00(B)
PROHIBITED RECREATIONAL VEHICLE DWELLING USE
52700720007
3040 VAN BUREN AVE. NAPLES, FL 34112
CEPM20080003523
JILL J. WEAVER & HENRY TESNO
INVESTIGATOR THOMAS KEEGAN
CODE Of LAWS ORD. 04-58, ARTICLE VI, SEC. 22-231, SUBS(s) 2, 9, II, 12.b,
12.f, I2.g, 12.h, 12.i, 12.k, 12.1, 12.n & 19.b
52700320009
3140 VAN BUREN AVE. NAPLES, fL 34112
CEAU20080003486
VENTURA FLORES
INVESTIGATOR CARMELO GOMEZ
COLLIER CO., LDC ORD. 04-41, AS AMENDED, SEC. 5.03.01(A)
CANOPY ERECTED WITHOT PERMIT
36560160001
2936 44TH ST. SW NAPLES, FL 341 16
CELU20080003483
VENTURA FLORES
INVESTIGATOR CARMELO GOMEZ
COLLIER CO., LDC ORD. 04-41, AS AMENDED, SEC. 2.02.03
ILLEGAL OUTSIDE STORAGE Of CONSTRUCTION MATERIALS/EQUIPMENT
36560160001
2936 44TH ST. SW NAPLES, fL 341 16
A. Motion for Irnposition of Fines:
I.
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
2006081160
NOE GARCIA & ENEDlNA LOPEZ
INVESTIGA TOR MICHELLE SCAVONE
COLLIER CO. LDC, ORD. 04-41 AS AMENDED, SECS. 1O.02.06(B)(I)(A),
1O.02.06(B)(I)(D), 10.02.06(B)(I)(D)(I), & FLORIDA BUILDING CODE 2004
EDITION, AS ADOPTED BY COLLIER CO., SEe. 106.1.2
CONSTRUCTION Of SHED-TYPE STRUCTUREINO BUILDING PERMITS
37115660007
66I3RDSTNW34120
5
----_._.._.-._._~-,----
2.
3.
4.
5.
CASE NO:
OWNER:
OFfICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
fOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OffICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
2007090337
GEORGE CIRABISI & VICKIE LEA CIRABISI
INVESTIGATOR MARIO BONO
CODE Of LAWS ORD. 04-58, ARTICLE VI, SEC. 6, SUBS. 15
POOL MAINTENANCE
5 I 443720006
1935 EMPRESS CT. 34110
2007060712
PAUL HUNTER & KELLY J. HUNTER
INVESTIGATIVE SUPERVISOR PATTI PETRULLI
CODE Of LAWS ORD. 05-44, SECS. 6 & 7
LITTER
68092800001
3428 TOLEDO WAY 34105
2007090460
WELLS FARGO BANK
INVESTIGATOR MARIO BONO
fLORIDA BUILDING CODE 2004 EDITION, AS ADOPTED BY COLLIER CO.,
SECS. 424.2. I 7.1 TO 424.2.17.1.14 AND fLORIDA STATUTE CHAPTER 515
POOL SCREEN DOOR PANEL TORN AND UNSECURED fROM POOL
ENCLOSURE fRAME.
55002400006
313 BAY MEADOWS DR.341 13
2007080521
MEREST EXILHOMME
INVESTIGATOR THOMAS KEEGAN
COLLIER CO. LDC ORD. 04-41 AS AMENDED, SEC. 2.01.00(A)
REPEA T VIOLATION Of UNLICENSED/INOPERABLE VEHICLE(S)
48783920003
8485 BAYSHORE DR.34112
IX. REPORTS
A. Request to forward case(s) for Collections / Foreclosure.
X. NEXT MEETING DATE: July 1,2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI, ADJOURN
6
---_._-_..... --... ----...- ._-,-- -----_."_.~-"----
June 6, 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 condncting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) for a Resolution by Stipulation; looking for compliance without being
punitive.
RECESS: 9:19 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following
changes:
(a) Under Item V(B), "Hearings," the following case was DISMISSED by the County:
· Agenda #3, Case # PR 002601 - BCC vs. Rebecca Rudolf
(b) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County due to payment and/or compliance:
· Agenda #4, Case # PR 002798 - BCC vs. Betsy Yewdall
· Agenda #10, Case # DAS 11685 - BCC vs. Rodolfo Barreneche
· Agenda #11, Case # DAS 11686 - BCC vs. Rodolfo Barreneche
· Agenda #16, Case # 2007010494 - BCC vs. Michael J. Goldstein
(c) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County due to foreclosure:
· Agenda #14, Case # CEPM 20080003199 - BCC vs. Rhonda lone Neuse
· Agenda #15, Case # CEPM 20080001405 - BCC vs. Sylvera & Elmicia Duprat
(d) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by
the Connty due to payment:
· Agenda #5, Case # 2007080521 - BCC vs. Merest Exilhomme
(e) Under Item V(C), "Emergency Cases," the following case was added to the Agenda:
· Case # CEPM 20080007987 - BCC vs. Jill J. Weaver & Henry Tesno
(f) Under Item V(B), changes were made to the following Agenda Items:
· 13 - Remove "Code of Laws"
· 17 - Remove "Code of Laws" and "Article VI"
· 19 - Add "and Ordinances," and remove "04-58"
2
June 6, 2008
· 19 - Add Violation description: "Repeat Violation - numerous internal and
external housing violations"
(g) Under Item VI(A), changes were made to the following Agenda Items:
· 3 - Remove "Code of Laws"
· 4 - Remove "and Florida Statnte Chapter 515"
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 Special Magistrate Hearing held on May 16, 2008, were reviewed by
the Special Magistrate and approved submitted.
IV. MOTIONS
A. Motion for Continnance: NONE
V. PUBLIC HEARINGS
A. Stipulations:
17. Case # 2007080327 - BCC vs. 6240 Colliers Group, Inc.
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was represented by Horatio G. Mihet who had been present earlier and
entered into a Stipulation, but chose to leave before the case could be heard.
Violation(s):** Ord. 04-58, Sec.16, Subsec(s). 1B & IC
Roof, fascia, soffit & ceiling of commercial buildings are not being
maintained as required
Violation address: 6240 Collier Blvd., Naples, FL 34114
(** - As corrected by amendment to the Agenda.)
A Stipulation was agreed to by the Respondent's representative, Horatio G. Mihet, Esq.
The Investigator corrected the owner's name to 6240 Collier Group, Inc. and stated
Mr. Mihet was the owner's attorney and that he agreed to the terms of the Stipulation
on behalf of his client.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to repair the damage to the roof,
3
June 6, 2008
fascia, soffit and ceiling by obtaining a Collier County Building Permit, all required
inspections and a Certificate of Completion on or before August 6, 2008, or a fine of
$250.00 per day would be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$340.30 on or
before July 6, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
5. Case # PU 4011 - BCC vs. Alkatotal Ltd. Partnership
The Hearing was requested by the Respondent who was represented by Deborah Cook,
who had been present earlier and entered into a Stipulation, but chose to leave before
the case could be heard.
Collier County Public Utilities Enforcement Investigator Jeremy Florin was present.
Violation(s): Code of Laws Ord. 2005-44, Sec(s). 6 & 7
Litter consisting of, but not limited to, couch & desk in the County
Right-of-Way
Violation address: 4764 31st PL SW, Naples, FL 34116
A Stipulation was agreed to by Deborah Cook as owner of Alkatotal Ltd. Partnership.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violation and was ordered to pay afine in the amount of $100. 00 together
with an administrative fee of $5. 00 on or before July 6, 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
July 6, 2008.
6. Case # PU 4013 - BCC vs. TIITF/State of Florida
7. Case # PU 4016 - BCC vs. TIITF/State of Florida
The Hearing was requested by the Respondent who was not present.
Collier County Public Utilities Enforcement Investigator Jeremy Florin was present.
Violation(s): (PU 4013) Ord. 2002-17, Sec. 5, Subs. 5.4
Phase III Water Restriction (irrigating at the wrong time)
(PU 4016) Ord. 2002-17, Sec.5, Subs. 5.4
Phase II Water Restriction (watering on County dry day)
Violation address: 2950 64th St. SW, Naples, FL 34105
4
June 6, 2008
The Investigator stated the representatives for the Respondent had been present earlier
but chose to leave before the case could be heard. Stipulations in both cases had been
agreed to by Ted Kenny as General Manager for the landscaping company hired by the
Respondent. Gerald Byrne, Project Manager with the FOOT, had also been present.
The Investigator stated the owner was the State of Florida.
The Special Magistrate stated she could not accept the Stipulation because no one could
identify the entity, "TIITF," and there was no written authorization for such action.
Marlene Stewart stated she has spoken with Janet T. Pitts, Legal Operations Manager
for the State of Florida, who informed her that Ted Kenny would attend the Hearing.
The Special Magistrate determined these two cases would be recalled later in the
Hearing to allow Code Enforcement to verify that payment of the fines had been made.
B. Hearings:
1. Case # SO 164719 - BCC vs. Laura Dier
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Department Deputy Lawrence Keller who was not present.
Violation(s): Collier Co. Code of Laws & Ord., Chap. 130, Article II, Sec.130-66
Expired meter
Violation address: Vanderbilt Beach
The Respondent presented proof that she did own a beach parking pass and requested the
case be dismissed.
The Special Magistrate GRANTED the Respondent's Motion to Dismiss.
2. Case # CE 002697 CEPE 20080007241 - BCC vs. Duane Nuse
The Hearing was requested by the Respondent who was present.
Code Enforcement Investigator Renald Paul was also present.
Violation(s): Code of Laws & Ord., Chap. 130, Article II, Sec. 130-66
Parked along side of road in Right-of- Way
Violation address: 5478 27th PL SW, Naples, FL 34116
The Respondent corrected the spelling of his surname to N-u-s-z, and stated his address
was 5484 27'h Place SW, Naples, Florida 34116. He also stated the address noted on
the Citation was his neighbor's address.
The Respondent introduced photographs which were marked as Respondent's
5
June 6, 2008
Composite Exhibit "A," Exhibit "B," and Exhibit "C" and were admitted into evidence.
The Respondent stated the car had been parked in the same location for the past two
years and was unaware that parking in the Right-of- Way was illegal. The Respondent
stated Ordinance 130-66 did not specifically state parking in a Right-of-Way was
illegal. The language, under Subsection l(F), read in part, "... along side or opposite
any street or highway or obstruction when stopping, standing or parking, would
obstruct traffic." The Respondent stated the car did not obstruct traffic since it was not
parked in the street, but on the grass.
The Investigator introduced three photographs which were marked as County's
Exhibits "1," "2" and "3" and were admitted into evidence. He stated the car was
parked alongside the County's drainage swale or culvert as cited under Subsection 2(L)
of the Ordinance.
The Respondent reiterated the Summons stated the violation was to the Right of Way,
not the swale.
The Special Magistrate reviewed the Citation and the Ordinance. The phrase "Right of
Way" was stated in the Ordinance under Subsection 2(F) but the Citation was written
citing Subsection l(F). She asked if the area was an "intersecting Right-of-Way."
The Special Magistrate ruled an incorrect Subsection to the Ordinance had been cited
by the Code Enforcement Investigator.
Finding the Notice of Hearing had been properly served, the Respondent was found NOT
GUILTY.
8. Case # DAS 11 710 - BCC vs. Joseph DiMeo
9. Case # DAS 11711 - BCC vs. Joseph DiMeo
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Investigator Peter Hinkley was also
present.
Violation(s): (DAS 11710) Code of Laws & Ord., Ch. 14, Article II, Sec. 14-36,
Subs. A.S
Allow to bark, whine, howl or cause other objectionable noise which is
offensive so as to create a nuisance (Dog: Belvader)
(DAS 11 711) Code of Laws & Ord., Ch. 14, Article II, Sec. 14-36,
Subs. A.S
Allow to bark, whine, howl or cause other objectionable noise which is
offensive so as to create a nuisance (Dog: Baltine)
Violation address: 312 Steerforth Ct., Naples, FL 34110
The Respondent introduced a statement which was marked as Respondent's Exhibit
"A" and admitted. He stated his dogs were not allowed outside during the day and they
6
June 6, 2008
did not bark at night. He further stated he had not received a direct complaint about his
dogs from any of his neighbors.
The Respondent also introduced a notarized statement from a neighbor, Raymond B.
Trotta, dated June 5, 2008, which was marked as Respondent's Exhibit "B" and
admitted into evidence. Mr. Trotta affirmed he rarely heard the Respondent's dogs
barking even when he was walking in front of the Respondent's property.
The Investigator stated three complaints had been made and sworn Affidavits had been
received by DAS. He was required by Ordinance to issue the Citations based upon the
Affidavits ofMr. Woolrich, Mr. Widenfeller and Ms. Harrington, and Mr. Mercier. He
further stated he parked his vehicle very near the Respondent's home on several
occasions and did not hear any barking. He tried to contact the individuals who sent in
the Affidavits but could not reach any of them. The Affidavits were marked as County's
Composite Exhibit "A" and were admitted into evidence.
The Special Magistrate stated concerns about the credibility of the Affidavits since the
handwriting on two of the documents appeared to be very similar in style. She also
stated Mr. Widenfeller appeared to have notarized his own Affidavit.
The Special Magistrate ruled the County had not met its burden of proof in either
case and the Respondent was NOT GUILTY.
18. Case # CEV 20080003563 - BCC vs. Kirk Sanders
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was also present.
Violation(s): Collier Co. LDC, Ord. 04-41, as amended, Sec. 2.01.00(B)
Prohibited recreational vehicle dwelling use
Violation address: 3040 Van Buren Ave., Naples, FL 34112
The Respondent stated he resided at 2595 Winifred Avenue, Naples, Florida 341 12.
The Investigator stated he observed a camper being used as primary living quarters and
he interviewed the tenant who confirmed he did pay rent. He introduced 10 pages of
photographs which were marked as County's Composite Exhibit "A" and admitted into
evidence. He stated the Land Development Code defined the camper as a "recreational
vehicle" and not a "mobile home."
LDC definition of 'recreational vehicle': "A vehicular-type portable structure without
permanent foundation which can be towed, hauled or driven and is primarily designed
as a temporary living accommodation for recreation, camping, and travel use and
including but not limited to travel trailers, truck campers, camping trailers and self-
propelled motor homes. "
7
June 6, 2008
LDC definition of 'motor home': "A structure transportable in one or more sections
which is eight (8) body feet or more in width and which is built on an integral chassis
and designed to be used as a dwelling when connected to the required utilities including
the plumbing, heating, air conditioning and electrical systems contained therein. "
The Investigator stated the camper had a hitch on the front and a license plate attached
to the rear of the vehicle.
Investigative Supervisor Letourneau asked Investigator Keegan if the County required
any permits for a mobile home. The Investigator stated the County requires tie-down
permits, but he could not find any permit issued for this vehicle.
The Respondent introduced a packet of information which was marked as Respondent's
Exhibits "1" through "6," Composite Exhibit "6," Exhibit "7," Composite Exhibit "8,"
and Exhibits "9" and "IO,"and were entered into evidence. He pointed out there was a
Declaration of Mobile Home as Real Property included in the documents which had
been issued by the State of Florida. There was also a Warranty Deed which described
the mobile home as part of the property. He stated the unit had been registered as a
mobile home with the State of Florida and provided photographs which showed there
were no tires or wheels on the vehicle. He stated the Collier County Property Appraiser
had also accepted it as a mobile home.
The Special Magistrate asked Code Enforcement to call the Property Appraiser's Office
to determine which definition is used when issuing a Declaration of Mobile Home as
Real Property.
RECESS: 11:15 AM
RECONVENED: 11:38 AM
Investigative Supervisor Letourneau stated he was not able to obtain a response from
the Property Appraiser's office. Therefore, the County requested dismissal of this case.
The Special Magistrate GRANTED the County's Motion for Dismissal.
The Special Magistrate stated she re-examined the Affidavit of John Widenfeller
presented in Agenda # 8 and 9 (DAS 11710 and DAS 11711) and determined the
Affidavit had been properly notarized.
20. Case # CEAU 20080003486 - BCC vs. Ventura Flores
21. Case # CELU 20080003483 - BCC vs. Ventura Flores
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez who was present.
The Respondent was also present.
Jorge Quinnones served as translator for the Respondent.
8
June 6, 2008
Violation(s): (CEAU 20080003486) Collier Co. LDC, Ord. 04-41, as amended,
Sec.5.03.01(A)
Canopy erected without permit
(CELU 20080003483) Collier Co. LDC, Ord. 04-41, as amended,
Sec. 2.02.03
Illegal outside storage of construction materials/equipment
Violation address: 2936 44th St. SW, Naples, FL 34116
The Investigator presented photographs which were marked as County's Composite
Exhibit "A" and admitted into evidence.
The Investigator stated the violations had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY
of the alleged violation and was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of CEA U 20080003486 in the amount of $248.17
and Operational Costs incurred during the prosecution ofCELU 20080003483 in the
amount of $248.08 on or before August 6, 2008.
The Respondent, through the translator, requested additional time to pay. The Special
Magistrate extended the time from July 6 to August 6,2008.
(Continuation of Hearing)
6. Case # PU 4013 - BCC vs. TIHF/State of Florida
7. Case # PU 4016 - BCC vs. TIITF/State of Florida
Collier County Public Utilities Enforcement Investigator Jeremy Florin stated a
conference call had been arranged with Gerald E. Byrne, Engineering Manager of the
Department of Transportation's Fort Myers Operations Center.
Notary, Florence Swing, administrated the Oath to Mr. Byrne. Ms. Swing stated her
Commission as a Notary would expire on January 28,2011.
Mr. Byrne verified Ted Kenny was the General Manager of the landscaping firm that
the State of Florida hired for the Naples project and that Mr. Kenny was authorized to
enter into the Stipulations. Mr. Byrne further stated the State of Florida acknowledged
the two violations. ("TIITF" stands for Trustees of the Internal Improvement Trust
Fund)
The Special Magistrate ruled the Stipulations entered into earlier by Ted Kenny on
behalf of the Respondent State of Florida would be accepted.
Finding the Notice of Hearing had been properly served, and finding the violations did
exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY
of the alleged violations and, in Case #PU 4013, was ordered to pay afine of$250.00
together with an administrative fee of $5. 00 and, in Case #PU 4016, was ordered to pay
9
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June 6, 2008
afine of$250.00 together with an administrative fee of $5. 00 on or before July 6, 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 Case # PU 4013 in the amount of $50. 00,
and the Operational Costs incurred during the prosecution of Case #PU 4016 in the
amount of $50.00 on or before July 6,2008. (Total amount due: $610.00)
12. Case # 2007090497 - BCC vs. Norma Ramirez
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Collier Co. LDC Ord. 04-41, as amended, Sec. 2.01.00(A)
Multiple unlicensedlinoperable vehicles parked/stored on residentially
zoned property
Violation address: 911 Jackson St., Immokalee, FL 34142
The Investigator introduced photographs which were marked as County's Composite
Exhibit "A" and were admitted into evidence.
The Investigator stated this case was continued by the Special Magistrate in order to
allow for notification to be made to the Respondent. The Respondent's brother, who
resides at the property, appeared at the May 2, 2008 Hearing but had not informed his
sister of the proceeding.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain valid license plates for
all vehicles and to repair all inoperable vehicles, or to store the vehicles in a
completely enclosed structure, or to remove the vehicles from the premises on or
before June 11,2008, or afine of $50. 00 per day per vehicle will be imposed for each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to abate
the violation by contractor bid-out and to assess the costs 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 $242.99 on or
before July 6, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
13. Case # 2007090498 - BCC vs. Norma Ramirez
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
10
June 6, 2008
Violation(s)*: Ord. 2005-44, Sec(s). 6, 7, & 8
Prohibited accumulation oflitter consisting of, but not limited to, old
doors, assorted metal & aluminum,wood, cans, car hoods, tires & more
on residentiall y zoned property
Violation address: 911 Jackson St., Immokalee, FL 34142
(* - As corrected by amendment to the Agenda)
The Investigator introduced several photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence.
The Investigator stated he had been unable to contact the Respondent directly because
her brother had not provided a telephone number. The Notice ofthe Hearing was
posted at the property and the Immokalee Courthouse.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to remove all litter to an
appropriate waste disposalfacUity on or before June 13,2008, or afine of $1 00. 00
per day will be imposed for each day the violation remains thereafter, unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondent.
Ifnecessary, 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. 07 on or
before July 6, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
19. Case # CEPM 20080003523 - BCC vs. Jill J. Weaver & Henrv Tesno
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondents were not present.
Violation(s)*: Code of Law and Ordinances, Article VI, Sec. 22-231, Subsec(s) 2, 9,
II, 12.B, 12.F, 12.G, 12.H, 12.1, 12.K, 12.L, 12.N & 19.B
Repeat Violation: Numerous internal and external housing violations
Violation address: 3140 Van Buren Ave., Naples, FL 34112
(* - As corrected by amendment to the Agenda)
The Investigator introduced 13 photographs which were marked as County's Composite
Exhibit "A" and admitted into evidence.
11
June 6, 2008
The Investigator stated he had contacted the Respondents' attorney, David Shankman,
concerning the repeat violation and posted the Notice of Hearing at the property and the
Respondents' residence.
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 civil penalty of
$5,000.00 on or before July 6, 2008, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondents were also ordered to obtain a Collier County Demolition Permit
and proceed with demolition of the mobile home on or before June 11,2008, or afine
of$500.00 per day will be imposedfor each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$274.02 on or
before July 6, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
The Special Magistrate ordered the Code Enforcement and the County to verify that all
individuals have vacated the premises prior to commencing demolition.
C. Emergency Cases:
Case # CEPM 20080007987 - BCC vs. Jill J. Weaver & Henrv Tesno
The Hearing was requested by Collier County Code Enforcement Property Maintenance
Specialist Joe Mucha.
The Respondents were not present.
Violation(s): Code of Laws & Ordinances, Article VI, Sec. 22-231, Subsec(s). 1,2,3,5,
10, II, 19(b)
Repeat Violation: Health, Safety & Welfare - Housing violations
Violation address: 3132 Van Buren Ave., Naples, FL 34112
The Investigator referred to Case #2007070379 which is still in violation.
The Investigator stated electrical service to all of the Respondents' properties on Van
Buren and Lunar Streets have been disconnected by Florida Power and Light.
The Investigator stated he contacted the Respondents by leaving voice mail messages on
their home phone on May 16 and May 30,2008, and posted the Respondents' residence,
the Courthouse, and faxed a copy to the office of their attorney, David Shankman.
12
~. .. "'-~---_.."-'."'---"---'-_._'-------'~"-'"
June 6, 2008
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 civil penalty of
$5,000.00 on or before July 6, 2008, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondents were also ordered to obtain a Collier County Demolition Permit
and proceed with demolition of the mobile home on or before June 11,2008, or afine
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.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondent.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $258. 59 on or
before July 6, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated
The Special Magistrate ordered the Code Enforcement and the County to verifY that all
individuals have vacated the premises prior to commencing demolition.
RECESS: 1 :00 PM
RECONVENE: 1:11 PM
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # 2007090337 - BCC vs. Geor!!e Cirabisi & Vickie Lea Cirabisi
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau and Investigator Mario Bono.
The Respondents were not present.
Violation(s): Ord. 04-58, Sec. 6, Subsec. 15
Pool Maintenance
Violation address: 1935 Empress Ct., Naples, FL 34110
Supervisor Letourneau stated the violations have not been abated and fines are
continuing to accrue.
The County requested imposition of Operational Costs in the amount of $244.47,
together with fines in the amount of $37,000.00 for the period from January 10, 2008
through June 6, 2008 (148 days @ $250/day), for a total of $37,244.47.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines.
13
June 6, 2008
4. Case # 2007090460 - BCC vs. Wells Fanw Bank
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau and Investigator Mario Bono.
The Respondents were not present.
Violation(s)*: Florida Building Code 2004 Edition, as adopted by Collier County,
Sees. 424.2.17.1 to 424.2.17.1.14
Pool screen door panel torn and unsecured from pool enclosure frame.
Violation address: 313 Bay Meadows Dr., Naples, FL 34113
(* - As corrected by amendment to the Agenda)
Supervisor Letourneau stated the violations had been abated, and the County requested
imposition only of Operational Costs in the amount of $222.27.
The Special Magistrate GRANTED the County's Request for Imposition of Fines.
1. Case # 2006081160 - BCC vs. Noe Garcia & Enedina Lopez
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau and Investigator Michelle Scavone.
The Respondents were not present.
Violation(s): Collier Co. LDC Ord. 04-41, as amended, Sees. 1O.02.06(B)(1)(A),
1O.02.06(B)(1)(D), 1O.02.06(B)(1)(D)(1), & Florida Building Code
2004 Edition, as adopted by Collier County, Sec. 106.1.2
Construction of shed-type structure/no building permits
Violation address: 661 3rd St. NW, Naples, FL 34120
Supervisor Letourneau stated the violations have not been abated and fines are
continuing to accrue. The County requested imposition of Operational Costs in the
amount of $263.36, together with fines in the amount of $12,200.00 for the period from
February 5,2008 through June 6, 2008 (122 days @ $100/day), for a total of
$12,463.36.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines.
3. Case # 2007060712 - BCC vs. Paul Hunter & Kellv J. Hunter
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau.
The Respondents were not present.
Violation(s)*: Ord. 05-44, Sees. 6 & 7
Litter
Violation address: 3428 Toledo Way, Naples, FL 34105
14
June 6, 2008
(* - As corrected by amendment to the Agenda)
Supervisor Letourneau stated the violations had been abated. The County requested
imposition of Operational Costs in the amount of$337.61 together with fines in the
amount of$3,100.00 for the period from January 26,2008 through February 26,2008
(31 days @ $IOO/day), for a total of$3,437.61.
The Special Magistrate GRANTED the County's Request for Imposition of Fines.
VII. OLD BUSINESS
It was noted the April 18, 2008 Agenda omitted the violation address in Case # CEPM
20080002951 - BCC vs. Charles D. Brown. The address is 306 Colorado Avenue,
Immokalee, Florida 34142.
VIII. CONSENT AGENDA
A. Reqnest to forward case(s) for Collections/Foreclosure.
The Special Magistrate stated the Consent Agenda listed 20 cases and approved the
requests as presented
IX. REPORTS - None
X. NEXT MEETING DATE - July 1, 2008
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 1:47 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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