CESM Minutes 07/18/2008
July 18, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, July 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:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
STAFF PRESENT: Susana Capasso, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
..-.--.---....-.- .---,---
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: July 18,2008 at 9:00 A,M,
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center
Administrative Building "1''', 3rd Floor
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL
MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - July 1,2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FA 15540
MARY DELL-TINSLEY
DEPUTY T. MULLEN
COLLIER CO. ORD. 2004-48 SEe. 5-24
EXCESSIVE FALSE ALARMS
VIOLATION
ADDRESS:
128 PAYNECT34112
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 164821
LA WRENn: CLARK
DEPUTY LAWRENCE KELLER
ORD. SEe. 130.67
PARKED IN HANDICAP SPACE/FLED SCENE
VIOLATION
ADDRESS: GALLERIA SQUARE AT RCB
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 164822
LA WRENCE CLARK
DEPUTY LAWRENCE KELLER
ORD. SEC. 130.67
BLOCKING ACCESS TO HANDICAP SPACE/FLED SCENE
VIOLA Tl0N
ADDRESS: NEWGATE CENTER AT BANK
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 159261
ROBERT GARY HINES
DEPUTY FRED KLlNKMANN
ORD. SEC. 130-67
PARKING IN HANDICAPPED SPACE/NO PERMIT
VIOLATION
ADDRESS: WALMART E.
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003725
,JAMES GRADSKY
DEPUTY KURT ARAQUIST AIN
ORD. SEe. 130.66
I' AlLURE TO DISPLA Y PAID LAUNCH RECEIPT (Had expired receipt - 5-17-08)
VIOLA TION
ADDRESS: BA Y VIEW PARK
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
PR 003854
JESSICA CAMPBELL
PARK RANGER KURT ARAQUISTAIN
ORD. SEe. 130-66
FAILURE TO DlSPLA Y PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: BAY VIEW PARK
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003697
ALEXANDER BRUEN
PARK RANGER BARRY GORNIAK
ORD.SEC.130-66
FAILURE TO DISPLA Y A PAID LAUNCH RECEIPT (CITY PERMIT NOT VALID
AT COUNTY RAMP
VIOLA TION
ADDRESS: FERN STREET
8.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
PR 000504
STEPHEN KINN
PARK RANGER BARRY GORNIAK
CODE OF LA WS & ORD. CHAPTER 246, ARTICLE II, SEe. 246-28, SUBS. (B)(4)
POSSESSION OF ALCOHOL IN VETRANS COMMUNITY PARK
VIOLA TION
ADDRESS VETERANS COMMUNITY PARK
2
----...-,
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
PR 000502
GARY N. PARRITT
PARK RANGER BARRY GORNIAK
CODE OF LAWS & ORD. CHAPTER 246, ARTICLE II, SEC. 246-28, SUBS. (B)(4)
POSSESSION OF ALCOHOL IN VETRANS COMMUNITY PARK
VIOLATION
ADDRESS: VETERANS COMMUNITY PARK
10.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
PR 000503
ROBERT K. NELSON
PARK RANGER BARRY GORNIAK
CODE OF LA WS & ORD. CHAPTER 246, ARTICLE II, SEC. 246-28, SUBS. (B)(4)
POSSESSION OF ALCOHOL IN VETRANS COMMUNITY PARK
VIOLA TION
ADDRESS: VETERANS COMMUNITY PARK
II.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003758
NELSON BASILLO
PARK RANGER CYNTHIA GA YNOR
ORD. SEe. 130-66
FAILURE TO DISPLA Y PAID RECEIPT
VIOLATION
ADDRESS: CLAM PASS PARKING
12.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLA TION
ADDRESS:
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV20080008981
RUBEN MACIAS & DALIA BEREIJO
INVESTIGATOR RENALD PAUL
ORD. 04-41, AS AMENDED, SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE(S)
36445920007
2679 TROPICANA BLVD. NAPLES 34116
CEV20080004863
RUBIN DELVA
INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU
ORD. 04-41, AS AMENDED, SEC. 2.0 1.00(A)
UNLICENSED/INOPERABLE VEHICLE(S)
39831200008
2370 41ST AVE. NE NAPLES 34120
3
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
15.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
16.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
17.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080007719
HENRY WEAVER & JILL J. WEAVER
INVESTIGATOR TOM KEEGAN
CODE OF LA WS & ORD.,CHAPTER 22, ARTICLE VI, SEC.22-231, SUBS. 15
PRIVATE POOL MAINTENANCE VIOLATION-POOL IN GREEN, ALGAED &
STAGNANT CONDITION
71800000527
3117 ARECA A VE.NAPLES 341 12
CEPM20080008890
,/ILL J. WEAVER & HENRY J. TESNO
INVESTIGA TOR TOM KEEGAN
CODE OF LA WS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-23I , SUBS. 9, I2B,
121', 12H, 12G, 121, 12K & 12N
REPEAT VIOLATION-MINIMUM HOUSING VIOLATIONS
52700600004
3072 VAN BUREN AVE. 34112
CEPM20080003635
BRIAN & SYLVIA CHRISTOPHER
INVESTIGATOR RON MARTINDALE
CODE OF LA WS & ORD.,CHAPTER 22, ARTICLE VI, SEC.22-23 I, SUBS. 15
PRIVATE POOL MAINTENANCE VIOLATION-WATER IN ALGAED &
STAGNANT CONDITION
68827502859
431 IBISWAYNAPLES34110
2007080486
DOUGLAS MENENDEZ & KEVIN R. SWJNDERMAN
INVESTIGATOR RON MARTINDALE
ORD. 04-58, AS AMENDED, SECTION 18
RFSlDENTIAL PROPERTY WITH SEVERE FIRE DAMAGE OPEN & UNSECURE
WHICH IS UNLA WFUL & CREATING A PUBLIC NUSIANCE
82535560004
2]9 JOHNNYCAKE DRIVE NAPLES, 34] 10
4
18.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
19.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
20.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
21.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
2007050735
IRENE SYLVA & RAFAEL ROSAS
INVESTIGATOR MICHELLE SCA VONE
COLLIER CO. LDC 04-41, AS AMENDED, SEe. 10.02.06(B)(I)(A),
I 0.02.06(B)( I )(E), 1 0.02.06(B)( I )(E)(I) AND FLORIDA BUILDING CODE, 2004
EDITION, AS ADOPTED BY COLLIER CO., SEe. 105.1
WOOD STRUCTURE BUILT ON ESTATES ZONED PROPERTY WITHOUT
REQUIRED COLLIER CO. PERMITS
37741960003
141 20TH AVE. NE NAPLES, 34120
2006100419
GARY L. HAUZE
INVESTIGATOR MICHELLE SCAVONE
COLLIER CO. LDC 04-41, AS AMENDED, SEe. I 0.02.06(B)( I )(A),
I 0.02.06(B)( I )(E), I 0.02.06(B)( I )(E)(I) AND FLORIDA BUILDING CODE, 2004
EDITION, AS ADOPTED BY COLLIER CO., SEC. 105.1
BARN BUILT ON ESTATES ZONED PROPERTY WITH REQUIRED COLLIER
CO. PERMITS
37493120007
280 10TH AVE. NE 34120
2007110155
BOLOMIN & RA YMONDE CHARLES
INVESTIGATOR WELDON WALKER
ORD. 04-41, AS AMENDED, SEe. 2.01.00(B)(3)
COMMERCIAL VEHICLE(S) PARKED/STORED IN RESIDENTIALLY ZONED
PROPERTY
35540360000
107 WHITE WAY IMMOKALEE 34142
2007110125
BOLOMJN & RA YMONDE CHARLES
INVESTlGA TOR WELDON WALKER
ORD. 05-44, AS AMENDED, SEC(S) 6, 7 & 8
PROHIBITED ACCUMULATION OF LITTER
35540360000
107 WHITE WA Y IMMOKALEE 34142
5
----,-~,-
22.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
23.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
24.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
25.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
26.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080003036
ETHEL KINSER
INVESTIGATOR JOE MUCHA
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-231, SUBS. 12B,
12R, 121,& 19
ABANDONED MOBILE HOME IN DEPLORABLE & HAZARDOUS CONDITION
00741080305
160 KATHY LANE 34112
CEPM20080003809
RICK LEVINE
INVESTIGATOR JOE MUCHA
CODE OF LA WS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-23I , SUBS. 1-5,7,
9-11, 12A-12C,121-]2L, 120, 12P, 19A-19D&20
ABANDONED MOBILE HOME WHICH IS DAMAGED BEYOND REASONABLE
REPAIR
6688252000]
342 8TH ST. IMMOKALEE, 34142
CESD20080001527
MARTHA GARIBA Y
INVES l'IGA TOR JON A THAN MUSSE
COLLIER CO. LDC 04-41, AS AMENDED, SEC. I 0.02.06(B)(! )(A),
10.02.06(B)( I )(E), & 10.02.06(B)(] )(E)(I)
SHED CONSTRUCTED ON PROPERTY WITHOUT REQUIRED COLLIER CO.
PERMITS
00084440000
11181MMOKALEE DR. 34142
2007080698
RICHARD K. CRUCE
INVESTIGATOR JONATHAN MUSSE
ORD. 05-44, AS AMENDED, SEC(S) 6, 7 & 8
LITTleR
0059520007
6]01 TAYLOR RD. S, IMMOKALEE 34142
2007101070
ISRAEL G. MUNOZ
INVESTIGATOR JONATHAN MUSSE
ORD. 04-4\, AS AMENDED, SEe. 2.0\'00(A)
MULTIPLE UNLICENSED/INOPERABLE VEHICLE(S)
3068]680000
1416 ORANGE ST. IMMOKALEE, 34142
6
27.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
28.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
2007101069
ISRAEL G. MUNOZ
INVESTIGATOR JONATHAN MUSSE
ORD. 05-44, AS AMENDED, SEC(S) 6, 7 & 8
LITTER
30681680000
1416 ORANGE ST. IMMOKALEE, 34142
CEV20080001761
MARY J. MONTES
INVESTlGA TOR JONATHAN MUSSE
ORD. 04-41, AS AMENDED, SEC. 2.01.00(B)(3)
COMMERCIAL VEHICLE PARKED ON RESIDENTIALLY ZONED PROPERTY
51240040002
13021MMOKALEE DR. IMMOKALEE, 34142
A. Motion for Imposition of Fiues:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007050220
CRESENCIO MARTINEZ
INVESTIGATOR JOE MUCHA
2004-58, SEC. 6, SUBS. 12C 12P
MINIMUM HOUSING VIOLATIONS
60784200001
5257 CYPRESS LANE 34113
2007080213
COUNTRYWIDE BANK
INVESTlGA TOR MARIO BONO
FLORIDA BUILDING CODE 2004 EDITION, AS ADOPTED BY COLLIER CO,
SECS. 414.2. I 7.1 & 424.2. 17.1.8
SWIMMING POOL WITHOUT FENCING OR ENCLOSURE.
29381160006
9741 CAMPBELL CIRCLE, NAPLES 34109
7
VII. OLD BUSINESS
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: August 1,2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
8
July 18, 2008
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:03 AM. All tbose 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(s) for a Resolution by Stipulation; looking for compliance without being
punitive.
RECESS: 9:17 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," in
. Agenda # 5, Case # PR 003725 - BCC vs. James Gradsky, the officer was
identified as a Park Ranger rather than as a Deputy Sheriff
· Agenda # 14, Case # CEPM20080007719 - BCC vs. Henry Weaver & Jill J.
Weaver, the Respondent's last name was corrected to Henry Tesno
· Agenda #19, Case # 2006100419 - BCC vs. Gary L. Hauze, the violation
description was corrected to read: "Baril built on estates zoned property
without required Collier Co. permits"
(b) Under Item VI (A), "Imposition of Fines," the following case was DISMISSED by
the County due to abatement:
· Agenda #2, Case # 2007080213 - BCC vs. Countrywide Bank
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 July 1, 2008 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance:
2
July 18, 2008
2. Case # SO 164821 - BCC vs. Lawrence Clark
A Motion for Continuance was requested by Collier County Deputy Sheriff Lawrence
Keller who was not present.
The Respondent was present.
Violation(s): Ord. Sec. 130.67
Parked in handicap spacelfled scene
Violation address: Galleria Square at RCB
(See A2enda #3 - Case # SO 164822)
3. Case # SO 164822 - BCC vs. Lawrence Clark
A Motion for Continuance was requested by Collier County Deputy Sheriff Lawrence
Keller who was not present.
The Respondent was present.
Violation(s): Ord, Sec. 130.67
Blocking access to handicap spacelfled scene
Violation address: Newgate Center at Bank
The Respondent was present. He stated he is the owner of the vehicle and his mailing
address is Post Office Box 553, Bokeelia, Florida 33922
The Special Magistrate noted Continuances had been requested for both cases by the
Deputy Sheriff. On July 9, 2008, the County sent a notification to the Respondent
advising that Continuances had been requested. The Respondent stated he did not
receive the document. The Respondent objected to the granting ofa Continuance.
The County stated the Deputy would not be available until after August 30, 2008.
The Special Magistrate stated she will make her ruling based upon the written
testimony presented by Deputy Keller and the documentation provided by the
Respondent. Deputy Keller will respond to the Respondent's letter within 7 days
after his return. The Respondent was granted 15 days to provide a supplemental letter
and documentation. He was directed to send his supplemental letter to the Secretary
for the Special Magistrate in care of the Code Enforcement Office.
The Special Magistrate advised the Respondent that his letter should be notarized.
Sue Chapin, Secretary to the Special Magistrate, requested a brie/recess.
CONFERENCE: 9:53 AM
RESUMED: 9:57 AM
3
July 18, 2008
5. Case # PR 003725 - BCC vs. James Gradskv
A Motion for Continuance was requested by the Respondent who was not present.
Collier County Park Ranger Kurt Araquistain was present.
Violation(s): Ord. Sec. 130.66
Failure to display paid launch receipt (Had expired receipt - 5-17-08)
Violation address: Bay View Park
The Special Magistrate noted the Respondent's wife had submitted a Request for a
Continuance on July 10, 2008. In her letter, Melanie Gradsky stated she was
appearing on behalf of her husband because he is out of the Country on assignment.
She further stated she would be unable to attend the Hearing due to a business trip for
her employer. Supporting documentation was attached to her letter.
The County did not oppose the granting of a Continuance.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
23. Case # CEPM20080003809 - BCC vs. Rick Levine
A Motion for Continuance was requested by the Respondent who was not present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
present.
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-23I, Subs. 1-5,
7, 9-11, 12A-12C, 121 -12L, 120, 12P, 19A-19D & 20
Abandoned mobile home which is damaged beyond reasonable repair
Violation address: 342 8th St., Immokalee 34142
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance.
The Investigator stated the County did not oppose the granting of a Continuance,
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
26. Case # 2007101070 - BCC vs.lsrael G. Munoz
A Motion for Continuance was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Jonathan Musse was present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A)
Multiple unlicensed/inoperable vehicle(s)
Violation address: 1416 Orange St., Immokalee, 34142
(See Al!:enda #27 - Case #2007101069)
4
July 18, 2008
27. Case # 2007101069 - BCC vs. Israel G. Munoz
A Motion for Continuance was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Jonathan Musse was present.
Violation(s): Ord. 05-44, as amended, Sec(s) 6, 7 & 8
Litter
Violation address: 1416 Orange St., Immokalee, 34142
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance, applicable to both cases.
The Investigator stated the County did not oppose granting the Continuances,
The Special Magistrate GRANTED the Respondent's Motion for a Continuance in
Case # 2007101070 and Case # 2007101069.
V. PUBLIC HEARINGS
A. Stipulations:
12. Case # CEV20080008981 - BCC vs. Ruben Macias & Dalia Bereiio
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was also present and represented his wife, Dalia Bereijo.
Jorge Quinones served as interpreter for the Respondent.
Violation(s): Ord. 04-41, as amended, Sec. 2,01.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 2679 Tropicana Blvd., Naples 34116
A Stipulation was entered into by the Respondent, Ruben Macias, on behalf of his
wife, Dalia Bereijo, and himself.
The Respondents' address is 7114 Wild Forest Court, #101, Naples, FL 34109,
The Investigator stated the violations have been abated.
The Special Magistrate amended the Stipulation to strike Items #2, 2(a) and 3 from
the document.
Finding the Notice of Hearing was properly served, and finding the violations did exist
but were CORRECTED prior to the Hearing, the Respondents were found GUILTY of
the alleged violation and were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.60 on or before
August 18,2008.
5
July 18, 2008
18. Case # 2007050735 - BCC vs. Irene Svlva & Rafael Rosas
The Hearing was requested by Collier County Code Enforcement Investigator
Michelle Scavone who was present.
The Respondent, Irene Sylva, had been earlier and entered into a Stipulation but left
before the case was heard.
Violation(s): Collier Co. LDC 04-41, as amended, Sec. 1O.02.06(B)(I)(A),
1O.02.06(B)(l)(E), 1O.02,06(B)(l)(E)(I) and Florida Building Code,
2004 Edition, as adopted by Collier Co., Sec. 105.1
Wood structure built on estates zoned property without required
Collier Co. permits
Violation address: 141 20th Ave. NE., Naples, 34120
A Stipulation was entered into by the Respondent, Irene Sylva.
The Special Magistrate noted the Stipulation was signed by just one of the two
Respondents. The Investigator stated she had spoken with only Ms. Sylva and had no
contact with Mr. Rosas.
The Special Magistrate suggested the Investigator could request a Continuance in
order to verify whether or not Mr. Rosas was still a party to this proceeding.
The County requested a Continuance,
The Special Magistrate GRANTED the County's Requestfor a Continuance.
19. Case # 2006100419 - BCC vs. Gary L. Hauze
The Hearing was requested by Collier County Code Enforcement Investigator
Michelle Scavone who was present.
The Respondent had been present earlier and entered into a Stipulation, but left before
the case was heard.
Violation(s): Collier Co. LDC 04-41, as amended, Sec. 1O.02.06(B)(l)(A),
1O.02.06(B)(l)(E), 1O.02.06(B)(l)(E)(I) and Florida Building Code,
2004 Edition, as adopted by Collier Co., Sec. 105.1
Bam built on estates zoned property with required Collier Co,
permits (* - Agenda was amended to read: "without required Collier
County permits")
Violation address: 280 10th Ave. NE, 34120
A Stipulation was entered into by the Respondent.
The Special Magistrate noted there were two Stipulations. The Investigator stated
the original Stipulation was amended to correct errors made on the Stipulation. The
Investigator verified she contacted the Respondent to inform him of the corrections.
6
July 18, 2008
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain either a Collier
County Building Permit with all required inspections and a Certificate of
Completion, or a Collier County Demolition Permit and all required inspections
and a Certificate of Completion on or before September 18, 2008, or a fine of
$100.00 per day will be imposedfor 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 $117.69 on or
before August 18, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
13. Case # CEV20080004863 - BCC vs. Rubin Delva
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Jeff Letoumeau who was present.
The Respondent had been present earlier and entered into a Stipulation, but left before
the case was heard.
Violation(s): Ord. 04-41, as amended, Sec. 2,01.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 2370 41st Ave. NE, Naples 34120
A Stipulation was entered into by the Respondent,
The Investigator stated the Stipulation was also signed by Claudine Das, the other
property owner.
The Special Magistrate noted the clerical error and stated the Agenda would be
amended to reflect the addition of Ms. Das as a Respondent.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY 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 July 28,2008, or afine of $50. 00 per day per vehicle will be imposedfor
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 $117.34 on or
before August 18, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
7
July 18, 2008
1. Case # FA 15540 - BCC vs. Mary DelI- Tinslev
The Hearing was requested by Collier County Deputy Sheriff Tina Mullen who was
present.
The Respondent had been present earlier and entered into a Stipulation, but left before
the case was heard.
Violation(s): Collier Co, Ord. 2004-48 Sec. 5-24
Excessive false alarms
Violation address: 128 Payne Cl., 34112
A Stipulation was entered into by the Respondent.
The Investigator stated the Respondent will take the false alarm awareness program
and required test. The only fee to be assessed is the $5,00 administrative fee.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to attend and complete the
appropriate educational course and required test, and pay the administrative fee
of$5.00 to the Collier County Board of Commissioners (at the Code Enforcement
Office) on or before August 18, 2008.
V. PUBLIC HEARINGS
B. Hearings:
4. Case # SO 159261 - BCC vs. Robert Garv Hines
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Fred Klinkmann was also present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space/no permit
Violation address: Walmart E.
The Respondent stated his address is 28067 Oak Lane, Bonita Springs, FL 34135.
The Special Magistrate stated she has known Attorney Hines for 30 years and asked
the Deputy ifhe objected to her hearing the case, He did not object.
The Respondent admitted he violated the Ordinance.
The Deputy stated there were other spaces that he could have pulled into quickly.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$250.00 on or before August 18,2008.
8
July 18, 2008
6. Case # PR 003854 - BCC vs. Jessica Campbell
The Hearing was requested by the Respondent who was present.
Brian Campbell, the Respondent's husband, appeared as a witness.
Collier County Park Ranger Kurt Araquistain was also present.
Violation(s): Ord. Sec. 130-66
Failure to display paid launch receipt
Violation address: Bay View Park
The Respondent stated while she launched their boat, her husband attempted to pay
for parking, but the machine was out of service. She stated they called the number
listed on the machine, but there was no answer. When they returned, they noticed
their vehicle had been ticketed.
The Park Ranger stated a new machine has been installed approximately one foot
away from the old machine which is being phased out. He introduced two
photographs which were marked as County's Exhibits "I" and "2" and admitted into
evidence.
Brian Campbell stated there should have been a sign above the old machine directing
people to the "new" machine which neither he nor his wife noticed.
The Special Magistrate stated the Respondents have an option to file a Motion for Re-
Hearing.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$30.00 on or before September 18, 2008.
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 September 18,2008.
The Respondent's address is 112 Doral Circle, Naples, FL 34113.
8. Case # PR 000504 - BCC vs. Stephen Kinn
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
Violation(s): Code of Laws & Ord. Chapter 246, Article II, Sec. 246-28, Subs, (B)(4)
Possession of alcohol in Vetrans Community Park
Violation address: Veterans Community Park
The Respondent's address is 244 Gross Beak St., Naples, FL 34114.
9
July 18, 2008
The Respondent stated he had forgotten he had beer in the cooler. He stated he did
not bring it into the Park to consume and none of the cans had been opened,
The Park Ranger stated this was a repeat issue. He introduced a photograph which
was marked as County's Exhibit "]" and admitted into evidence. He further stated
opened beer cans were visible on the Park bench and table where the Respondent and
others were playing cards.
The Respondent reiterated he did not have an open can of beer in his possession,
The Special Magistrate stated the Ordinance was violated when the alcoholic
beverages were brought into the Park.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$75.00, together with an administrative fee of $5. 00, on or before August 18,2008.
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 August 18, 2008.
9. Case # PR 000502 - BCC vs. Garv N. Parritt
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
Violation(s): Code of Laws & Ord. Chapter 246, Article II, Sec, 246-28, Subs. (B)(4)
Possession of alcoho] in Vetrans Community Park
Violation address: Veterans Community Park
The Respondent's address is 4066 Stow Way, Naples, FL 34] ]6.
The Respondent stated he had consumed an alcoholic beverage prior to the Park
Ranger arriving but, when the Ranger was present, he was drinking only a soda and
his cooler contained only soda,
The Investigator stated everyone removed alcoholic beverages from each of their
coolers. He referred to the photograph previously admitted as County's Exhibit "]"
in Case # PR 000504.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay the civil penalty of
$75.00, together with an administrative fee of$5.00, on or before August 18,2008.
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 August 18, 2008.
10
July 18, 2008
10. Case # PR 000503 - BCC vs. Robert K. Nelson
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
Violation(s): Code of Laws & Ord. Chapter 246, Article II, Sec. 246-28, Subs, (B)(4)
Possession of alcohol in Vetrans Community Park
Violation address: Veterans Community Park
The Respondent stated his last name is N-e-I-s-~-n, and his address is 20614 Tahitian
Blvd., Estero, FL 33928,
He admitted he had been in violation ofthe Ordinance.
The Investigator referred to the photograph previously admitted as County's Exhibit
"I" in Case # PR 000504.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$75.00, together with an administrative fee of $5.00, on or before August 18, 1008.
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 August 18, 1008.
RECESS: 11:23 AM
RECONVENE: 11:50 AM
V. PUBLIC HEARINGS
B. Hearings:
24. Case # CESD20080001527 - BCC vs. Martha Garibav
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Investigator Jonathan Musse was also present.
Jorge Quinones served as interpreter for the Respondent.
Violation(s): Collier Co, LDC 04-41, as amended, Sec. 1O.02,06(B)(l)(A),
1 0.02.06(B)(l)(E), & 10.02.06(B)(l)(E)(I)
Shed constructed on property without required Collier Co. permits
Violation address: 1118 Immokalee Dr., 34142
The Respondent's address is 1118 lmmokalee Drive, Immoka1ee, FL 34142.
The Investigator introduced photographs which were marked as County's Exhibits
"A" (shed), "B" (permit) and "c" (shed) and admitted into evidence. The violation
has not been abated.
11
July 18, 2008
The Respondent stated the shed was part of the property when she purchased the
home. She stated she has contacted a contractor and will need at least 90 days to
bring the property into compliance.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain either a Collier
County Building Permit with all required inspections and a Certificate of
Completion, or a Collier County Demolition Permit and all required inspections
and a Certificate of Completion on or before October 18,2008, or aflne of $1 00. 00
per day will be imposed for each day the violation remains thereafter, unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.43 on or
before September 18, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
20. Case # 2007110155 - BCC vs. Bolornin & Ravrnonde Charles
The Hearing was requested by Collier County Code Enforcement Investigator
Weldon Walker who was present.
The Respondent, Raymonde Charles, was present and represented her husband,
Bolomin Charles.
Violation(s): Ord. 04-41, as amended, Sec, 2.0I.00(B)(3)
Commercial vehic1e(s) parked/stored in residentially zoned property
Violation address: 107 White Way, lmmokalee 34142
The Investigator stated he spoke with Mrs. Charles and personally served the Notice
of Violation on November 7,2007. He introduced two photographs which were
marked as County's Exhibits "A" and "B" and admitted into evidence. He stated
there is a commercial bus on the property.
The Respondent stated her husband wanted to ship the bus to Haiti. Due to his ill
health, he has been unable to work and they cannot afford to ship it. Her husband is
currently in Haiti awaiting further surgery. He will return in August.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and was ordered to store the vehicle in a
completely enclosed structure, or to remove the vehicle from the premises on or
before August 25,2008, or aflne of$50.00 per day per vehicle will be imposedfor
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$117.43 on or
before August 18, 2008.
12
July 18, 2008
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
21. Case # 2007110125 - BCC vs. Bolornin & Ravrnonde Charles
The Hearing was requested by Collier County Code Enforcement Investigator
Weldon Walker who was present.
The Respondent, Raymonde Charles, was present and represented her husband,
Bolomin Charles,
Violation(s): Ord. 05-44, as amended, Sec(S) 6, 7 & 8
Prohibited accumulation of litter
Violation address: 107 White Way, Immokalee 34142
The Investigator introduced seventeen photographs which were marked County's
Exhibits "I" though "18" and admitted into evidence.
The Respondent stated much of the litter has been removed but she needs to remove
more items.
The Investigator stated nothing has been removed - the items have been grouped
together and covered by a tarp.
Finding the Notice of Hearing had been properly served, the Respondents were
found GUILTY of the alleged violation(s) and were ordered to remove all litter to
an appropriate waste disposal facility or store items in an enclosed structure, on or
before July 30,2008, or ajine of $50. 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 $117.43 on or
before August 18,2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
7. Case # PR 003697 - BCC vs. Alexander Bruen
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Barry Gorniak was present.
Violation(s): Ord, Sec. 130-66
Failure to display a paid launch receipt (a City permit not valid
at a County ramp)
Violation address: Fern Street
13
July 18, 2008
The Investigator introduced two photographs which were marked as County's
Exhibits "1" and "2" and admitted into evidence. The Investigator stated he
explained to the Respondent that the County does not recognize City permits and vice
versa.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$30.00 on or before August 18, 2008.
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 August 18,2008.
11. Case # PR 003758 - BCC vs. Nelson Basilio
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cynthia Gaynor was present.
Violation(s): Ord. Sec.130-66
Failure to display a paid receipt
Violation address: Clam Pass parking
The Park Ranger stated the Citation was issued because no receipt was displayed,
The copy of the Notice delivered by the US Postal Service was admitted into
evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil penalty of
$30.00 on or before August 18,2008.
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 August 18, 2008.
14. Case # CEPM20080007719 - BCC vs. Henrv Weaver * & Jill J. Weaver
(* - Agenda was amended to read: "Henry Tesno")
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan,
The Respondents were not present.
Violation(s): Code of Laws & Ord" Chapter 22, Article VI, Sec.22-23 I, Subs. 15
Private pool maintenance violation-pool in green, algaed & stagnant
condition
Violation address: 3] 17 Areca Ave., Naples 34112
The Investigator introduced six photographs which were marked as County's Exhibits
"I" through "6" and admitted into evidence. He stated the Notice of Violation was
]4
July 18, 2008
posted at the property and the Courthouse on May 22, 2008 and he spoke with David
Shenkman, the Respondents' attorney, who stated he would attempt to contact the
Respondents.
Finding the Notice of Hearing had been properly served, the Respondents were
found GUILTY of the alleged violation(s) and were ordered to clean and maintain
the swimming pool on or before July 25,2008, or a fine of $250.00 per day will be
imposedfor each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to maintain the pool and pool water in proper
condition in compliance with the requirements of the Ordinance.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.87 on or
before August 18, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
15. Case # CEPM20080008890 - BCC vs. Jill J. Weaver & Henry J. Tesno
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec,22-23 I, Subs. 9,
12B, 12F, 12H, 12G, 121, 12K & 12N
Repeat Violation - minimum housing violations
Violation Address: 3072 Van Buren Ave" 34112
The Investigator stated this was a repeat violation. The mobile home is abandoned
and the property is declining. He introduced sixteen photographs which were marked
as County's Exhibits "I" through "16" and admitted into evidence, He also called the
Respondent's attorney, David Shenkman, who stated he would attempt to contact
them.
The Notice of Hearing was posted on July 9,2007 at the property and the Courthouse
and a copy was faxed to David Shenkman, Esq.
Finding the Notice of Hearing was 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 August 18, 2008.
The Respondents were ordered to correct all of the Minimum Housing Violations
cited on the Property Maintenance Inspection Report on or before July 25, 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.
15
July 18, 2008
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the mobile home and to assess
the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to verify the property is not occupied by tenants.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $118.04 on or
before August 18,2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
16. Case # CEPM20080003635 - BCC vs. Brian & Svlvia Christopher
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale.
The Respondents were not present.
Violation(s): Code of Laws & Ord.,Chapter 22, Article VI, Sec.22-231, Subs, 15
Private pool maintenance violation-water in algaed & stagnant condition
Violation address: 431 Ibis Way, Naples 34110
The Investigator introduced two photographs which were marked as County's
Exhibits "A" and "8" and admitted into evidence.
The Investigator stated he obtained delivery confirmation from the US Postal Service
which was marked as County's Exhibit "c" and admitted into evidence. The
Certified Mail was sent to 2943 SW Ninth Avenue, Cape Coral, FL 33914.
Finding the Notice of Hearing had been properly served, the Respondents were
found GUILTY of the alleged violation(s) and were ordered to clean the swimming
pool and pool water on or before July 25, 2008, or a fine of $250.00 per day will be
imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondents were also ordered to maintain the pool and pool water in proper
condition in compliance with the requirements of the Ordinance.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.34 on or
before August 18,2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
17. Case # 2007080486 - BCC vs. Doul!las Menendez & Kevin R. Swinderman
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was present.
The Respondents were not present.
16
July 18, 2008
Violation(s): Ord, 04-58, as amended, Section 18
Residential property with severe fire damage open & unsecure which
is unlawful & creating a public nusiance
Violation address: 219 Johnnycake Drive, Naples 34110
The Investigator submitted two photographs which were marked as County's Exhibits
"A" and "8" and admitted into evidence.
The case was begun in 2007 by another Code Enforcement Investigator. The
structure is now an open four-walled structure without water or electrical service.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to obtain a Collier County
Boarding Certificate and complete boarding of the property by August 1, 2008
or afine of $250. 00 per day will be imposed for each day the violation remains
thereafter, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
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.
The Respondents were ordered to choose from the followinfl options:
Option 1: The Respondents may hire a General Contractor and obtain a Collier
County Building Permit for reconstruction of the structure on or before August 18,
2008. The Respondent will complete the reconstruction and obtain all inspections
and a Certificate of Occupancy on or before January 9, 2009, afine of $250. 00 per
day will be imposed for each day the violation remains thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the structure and to assess the
costs to the Respondents.
OR
Option 2: The Respondents may hire a General Contractor and obtain a Collier
County Demolition Permit to demolish the structure, obtain all required inspections
and a Certificate of Completion on or before August 18, 2008, or a fine of $250.00
per day will be imposed for each day the violation remains thereafter, unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the structure and to assess the
costs to the Respondents.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.52 on or
before August 18,2008.
17
July 18, 2008
The Respondents are to notifY the Investigator at each step of the process outlined
above so Code Enforcement may assess compliance or take additional appropriate
action. If necessary, assistance may be requested from the Collier County Sheriff's
Office.
22. Case # CEPM20080003036 - BCC vs. Ethel Kinser
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondent is deceased,
Violation(s): Code of Laws & Ord" Chapter 22, Article VI, Sec.22-23I , Subs. 12B,
12R, 121, & 19
Abandoned mobile home in deplorable & hazardous condition
Violation address: 160 Kathy Lane, 34112
The Investigator introduced three photographs which were marked as County's
Composite Exhibits "A," "B," and "c" and admitted into evidence. A copy of the
Sheriffs Office Incident Report dated October 20,2007 was marked as County's
Exhibit "D" and admitted into evidence,
The Investigator stated the Estate is not going into Probate because the surviving
siblings cannot afford to do so. They have each sent letters stating they do not wish
to receive any notification concerning the property.
Finding efforts were made to locate a responsible party and the Notice of Hearing
was sent to the next of kin, the Respondent's representative is ordered to abate the
violation by obtaining a Collier County Demolition Permit, all inspections and a
Certificate of Completion on or before August 18, 2008.
If the Respondent's representative has not complied by the deadline, the County is
authorized to abate the violation by contractor bid-out to demolish the structure
and to assess the costs as a lien against the property.
The Respondent's representative was ordered to pay the Operational Costs incurred
by Code Enforcement during the prosecution of this case in the amount of$117.87
on or before August 18,2008.
25. Case # 2007080698 - BCC vs. Richard K. Cruce
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present.
Violation(s): Ord. 05-44, as amended, Sec(s) 6, 7 & 8
Litter
Violation address: 6101 Taylor Rd. S, Immokalee 34142
18
July 18, 2008
The Investigator introduced photographs which were marked as County's Exhibit "A"
and Composite Exhibit "B" and admitted into evidence. He stated the Respondent
had been given a two-week extension.
He stated the property and the Courthouse were posted on July 7, 2008,
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 disposal facility or store items in a completely enclosed structure,
on or before July 28, 2008, or a fine of $1 00.00 per day will be imposed for each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.43 on or
before August 18, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
28. Case # CEV20080001761 - BCC vs. Marv J. Montes
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present.
Violation(s): Ord. 04-41, as amended, Sec, 2.01.00(B)(3)
Commercial vehicle parked on residentially zoned property
Violation address: 1302 Immokalee Dr., Immokalee, 34142
The Investigator introduced two photographs which were marked as County's
Exhibits "A" and "B" and admitted into evidence.
The Investigator also stated the violation has been abated.
Finding the Notice of Hearing was properly served, and finding the violations did
exist but were 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 this case in the amount of $117. 60 on or before
August 18, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2007050220 - BCC vs. Cresencio Martinez
19
July 18, 2008
The County was represented by Collier County Code Enforcement Investigative
Supervisor Susana Capasso,
The Respondent was not present.
Violation(s): 2004-58, See, 6, Subs. 12C, 12P
Minimum housing violations
Violation address: 5257 Cypress Lane, 34113
The County requested a CONTINUANCE in this case.
The Special Magistrate GRANTED the County's Requestfor a Continuance.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. NEXT MEETING DATE - August 1,2008 at 9:00 AM at the BCC Chambers located
at 3301 East Tamiami Trail.
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 1:51 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on August
2008 as presented , or as amended
20