CESM Minutes 08/01/2008
August 1, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, August 1, 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: August I, 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
MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
II. APPROVAL OF AGENDA
A. Hearing rules and regulations
III. APPROVAL OF MINUTES - July 18, 2008
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CELU20070000512
THOMAS A. JOHNS, SR
INVESTIGATOR RENALD PAUL
ORD. 04-41, SEe. 02.02.03
INOPERABLEIUNLlCENSED VEHICLES
00435560005
6911 JOHNS RD. NAPLES, 34114
CENA20070000509
THOMAS A. JOHNS, SR
INVESTIGATOR RENALD PAUL
ORD. 2005-44, SEC(S).6, 7 & 8
LITTER
00435560005
6911 JOHNS RD. NAPLES, 34114
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1.
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:
PU 3912
GARY A. & JANET A. CHACE
INVESTIGATOR GEORGE CASCIO
ORD. 02-17, SEe. 5.4
PHASE 1lI WATER RESTRICTION
23950000687
6766 BUCKINGHAM CT. NAPLES, FL 34104
PU 4321
STEPHEN SPARGO
INVESTIGATOR GEORGE CASCIO
ORD. 02-17, SEe. 5 (5.4)
PHASE II WATER RESTRICTIONS
80445015308
1815 MISSION DR NAPLES, 34109
DAS 11714
LYNN BENNETT
OFFICER PETER HINKLEY
ORD. 14-36, SEe. A-2
ALLOW TO RUN AT LARGE
VIOLATION
ADDRESS: LONGVlEW CT.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11715
LYNN BENNETT
OFFICER PETER HINKLEY
ORD. 14-34, SEC. A-4
FAILURE TO A TT ACH TAGS
VIOLATION
ADDRESS: LONGVIEW CT.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11716
LYNN BENNETT
OFFICER PETER HINKLEY
ORD. 14-34, SEe. A-4
FAILURE TO LICENSE
VIOLATION
ADDRESS: LONGVIEW CT.
2
6.
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20080007142
DONALD L. GECKLER
INVESTIGATOR RENALD PAUL
LDC 04-41, AS AMENDED, SEe. 2.01.00(B)
BOAT PARKED IN FRONT OF RESIDENCE
36309320002
5283 24TH AVE. SW, UNIT B, NAPLES, 34116
CEPM20080006327
DAVID J & AMY E. WOLFF
INVESTIGATOR RON MA TINDALE
COLLIER CO. CODE OF LAWS & ORD., CHAP. 22, ARTICLE VI, SECTION 22-
231(15)
PRIVATE POOL MAINTENANCE VIOLATION-POOL & SPA GREEN,
STAGNANT & ALGAE PRESENT
29820102703
15862 DELASOL LANE, NAPLES, 34110
20071 00480
RUDY MARTINEZ & JESUS CONCEPTION MARTINEZ
INVESTIGATOR WELDON WALKER
ORD. 2005-44, SEc.(S) 6, 7 & 8, AS AMENDED
PROHIBITED ACCUMULATION OF LITTER
00120840904
307 WEEKS TERRACE, IMMOKALEE, 34142
2007100770
BOLOMIN & RA YMONDE CHARLES
INVESTIGATOR WELDON WALKER
LDC 04-41, AS AMENDED, SEe. 2.01.00(A)
MULTIPLE UNLICENSED/INOPERABLE VEHICLES
35540360000
107 WHITE WAY, IMMOKALEE, 34142
CESD20080003660
JOSE LUIS ROSILLO
INVESTIGATOR JONATHAN MUSSE
FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO.,
SEe. 105.1
FENCE ERECTED WITHOUT FIRST OBTAINING COLLIER CO. PERMITS
80681840006
108 2ND ST. IMMOKALEE, 34142
3
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
CENA20080000758
SERGIO R & EVA SILVA
INVESTIGATOR JONATHAN MUSSE
ORD. 2005-44, SEC.(S) 6, 7 & 8, AS AMENDED
PROHIBITED ACCUMULATION OF LITTER
06688136000
309 6TH ST. S, IMMOKALEE, 34142
2007101041
SEBASTIANA ROMERO
INVESTIGATOR JONATHAN MUSSE
ORD. 2005-44, SEC.(S) 6, 7 & 8, AS AMENDED
PROHIBITED ACCUMULATION OF LITTER
30682360002
1419 ORANGE ST. IMMOKALEE, 34142
CEV20080000041
LOUlCESSE & MARIA DORSAINT
INVESTIGATOR JONATHAN MUSSE
LDC 04-41, AS AMENDED, SEC. 2.01.00(B)
RECREATIONAL VEHICLE BEING USED FOR LIVING/SLEEPING PURPOSES
ON RESIDENTIALLY ZONED PROPERTY
81680800005
222 3RD ST. IMMOKALEE, 34142
CENA20080001532
LOUlCESSE & MARIA DORSAINT
INVESTIGATOR JONATHAN MUSSE
ORD. 2005-44, SEc.(S) 6, 7 & 8, AS AMENDED
PROHIBITED ACCUMULATION OF LITTER
81680800005
222 3RD ST. IMMOKALEE, 34142
4
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
2007080949
JESUS CASTELL AN
INVESTIGATOR REGGIE SMITH
LDC 04-41, AS AMENDED, SEe. 10.02.06(B)(I)(A), 10.02.06(B)(1)(E)(I) &
FLORIDA BUILDING CODE, 2004 EDITION, SEe.105.1
CONSTRUCTION OF SHED ON RESIDENTIALLY ZONED PROPERTY
WITHOUT OBTAINING COLLIER CO. PERMITS
62260680004
5345 JENNINGS ST. NAPLES, 34113
2007100766
JACINTO LUNA & ANGELA VICKERY
INVESTIGATOR JONATHAN MUSSE
LDC 04-41, AS AMENDED, SEC. 1O.02.06(B)(I)(A)
CONSTRUCTION OF SHED ON UNIMPROVED PROPERTY WITHOUT
OBTAINING COLLIER CO. PERMITS
63857600001
502 WASHINGTON AVE. IMMOKALEE, 34142
a. Request to forward cases for Foreclosure / Collections
VIII. CONSENT AGENDA
Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices
resulting from nuisance abatement violation enforcement actions.
IX. REPORTS
X. NEXT MEETING DATE: August 15, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
5
August 1, 2008
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:02 AM. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson.
Special Magistrate Garretson noted that, prior to conducting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) for a Resolution by Stipulation; looking for compliance without being
punitive.
RECESS: 9:18 AM
RECONVENED: 9:43 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:
. Agenda # 2, Case # PU 4321 - BCC vs. Stephen Spargo
(b) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County due to compliance:
. Agenda # 3, Case # DAS 11714 - BCC vs. Lynn Bennett
. Agenda # 4, Case # DAS 11715 - BCC vs. Lynn Bennett
. Agenda # 5, Case # DAS 11716 - BCC vs. Lynn Bennett
(c) Under Item V(B), "Hearings," the following case was WITHDRAWN by the
County due to foreclosure status:
. Agenda # 7, Case # CEPM 20080006327 - BCC vs. David J. & Amy E. Wolff
(d) Under Item IX, "Reports," the Special Magistrate will amend an oral Order in a
previously entered case.
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 18, 2008 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance:
NONE
2
August 1, 2008
IV. MOTIONS
B. Motion for Extension of Time
1. Case # CELU 20070000512 - BCC vs. Thomas A. Johns, Sr. and
2. Case # CENA 20070000509 - BCC vs. Thomas A. Johns, Sr.
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Investigator Renald Paul was also present
Violation(s): (Case # CELU 20070000512) Ord. 04-41, Sec. 02.02.03
Inoperable/unlicensed vehicles
(Case # CENA 20070000509) Ord. 2005-44, Sec(s). 6, 7 & 8
Litter
Violation address: 6911 Johns Rd., Naples, 34114
The Special Magistrate noted the Respondent had submitted a written Request for an
Extension of Time to Comply. The reasons given were age, disability and lack of
help.
The Respondent stated he has made progress but needs additional time. He felt the
Investigator did not give him credit for the improvements made. He also stated due to
his financial situation, he is unable to pay fines.
The Investigator stated the County was opposed to the granting of the Motion. He also
stated the fines are continuing to run and the County would like to reserve the right to
abate should the Respondent not be able to complete the clean-up. The Investigator
stated the County had not yet filed a Motion requesting Imposition of Fines and Liens
against the property.
The Special Magistrate explained to the Respondent if the County filed a Motion for
Imposition of Fines, she would be able to decide whether or not to impose the requested
fines. She advised the Respondent to complete the clean up of the property before that
Hearing, otherwise fines would be imposed.
The Special Magistrate ruled the County would file a Motion for Imposition of
Fines to be scheduled in ninety days.
V. PUBLIC HEARINGS
A. Stipulations:
8. Case # 2007100480 - BCC vs. Rudv Martinez & Jesus Conception Martinez
The Hearing was requested by Collier County Code Enforcement Investigator Weldon
Walker who was present.
The Respondents were not present.
3
August 1, 2008
Violation(s): Ord. 2005-44, as amended, Sec.(s) 6, 7 & 8,
Prohibited accumulation of litter
Violation address: 307 Weeks Terrace, Immokalee, 34142
A Stipulation was entered into on July 31. 2008 by the Respondent, Rudy Martinez, on
behalf of his brother, Jesus Conception Martinez, and himself
The Investigator stated he verified with the Respondent that he also represented his
brother when he signed the Stipulation.
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 August 11,2008, or afine of $50. 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 pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.52 on or
before September 1, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
11. Case # CENA 20080000758 - BCC vs. Serl!:io R. & Eva Silva
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
Violation(s): Ord. 2005-44, as amended, Sec.(s) 6, 7 & 8
Prohibited accumulation of litter
Violation Address: 309 6th St. S, Immokalee, 34142
A Stipulation was entered into on July 24, 2008 by the Respondent, Eva Silva. The
Respondent further stipulated her husband, Sergio Silva, was deceased.
The Investigator 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$117.52 on or before
September 1, 2008.
13. Case # CEV 20080000041 - BCC vs. Louicesse & Maria Dorsaint
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondents were also present.
4
August 1, 2008
Violation(s): LDC 04-41, as amended, Sec. 2.01.00(B)
Recreational vehicle being used for living/sleeping purposes on
residentially zoned property
Violation Address: 222 3rd St., Immokalee, 34142
A Stipulation was entered into by the Respondents.
The Respondents' home address is 306 West Delaware Avenue, Immokalee, FL 34142.
The Investigator stated the violation has been abated.
Finding the Notice of Hearing was properly served, and jinding 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. 43 on or before November 1, 2008.
14. Case # CENA 20080001532 - BCC vs. Louicesse & Maria Dorsaint
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondents were also present.
Violation(s): Ord. 2005-44, as amended, Sec.(s) 6, 7 & 8
Prohibited accumulation of litter
Violation address: 222 3rd St., Immokalee, 34142
A Stipulation was entered into by the Respondents.
The Investigator stated he discussed how to abate the violation with 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 remove all litter to an
appropriate waste disposal facility or to store items in an ene/osed structure, on or
before August 11,2008, or ajine 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 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 November 1,2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
V. PUBLIC HEARINGS
B. Hearings:
5
August I, 2008
1. Case # PU 3912 - BCC vs. Garv A. & Janet A. Chace
The Hearing was requested by the Respondents who were represented by their
daughter, Alyssa Hayes.
Collier County Public Utilities Enforcement Investigator George Cascio was also
present.
Violation(s): Ord. 02-17, Sec. 5.4
Phase III Water Restriction
Violation address: 6766 Buckingham Ct., Naples, FL 34104
This case was reviewed by the Special Magistrate for "Re-Hearing" from a previous
date.
The Respondent stated she called her lawn service regarding the violation and the
sprinkler system was corrected that day. She objected to the amount of the fine and
asked why she wasn't given a warning.
The Investigator stated the Ordinance specified the amount of the fine.
The Special Magistrate stated the Ordinance governing this violation does not allow for
the issuance of a "warning" or a "window of compliance." Since the correction was
made the same day, the Special Magistrate stated she would waive the Operational
Costs.
The Investigator stated the County would not object.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to pay afine of$75.00, together
with an administrative fee of$5.00, on or before September 1, 2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2007080949 - BCC vs. Jesus Castellan
The County was represented by Collier County Code Enforcement Investigative
Supervisor Susana Capasso and Investigator Reggie Smith.
The Respondent was also present.
Juan Castellan served as translator for his father.
Violation(s): LDC 04-4], as amended, Sec. ]0.02.06(B)(l)(A), ]0.02.06(B)(l)(E)(I)
& Florida Building Code, 2004 Edition, as adopted by Collier County,
Sec. 1 05.]
6
August 1, 2008
Construction of shed on residentially zoned property without obtaining
Collier Co. permits
Violation address: 5345 Jennings St., Naples, 34113
Supervisor Capasso stated the violation was abated on July 30,2008.
The County requested imposition of Operational Costs in the amount of$388.61,
together with fines in the amount of $4,300.00 for the period from June 17,2008
through July 30, 2008 (43 days @$lOO/day), for a total of $4,688.61.
The Supervisor stated, due to the Respondent's financial situation, the County would
not object if the fines of$4,300 were waived and only the Operational Costs were
imposed. She further requested the Respondent be allowed 60 days to pay.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in
the amount of$388.61 to be paid on or before October 1, 2008.
RECESS: 10:50 AM
RECONVENE: 11 :08 AM
V. PUBLIC HEARINGS
B. Hearings:
6. Case # CEV 20080007142 - BCC vs. Donald L. Geckler
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present.
Violation(s): LDC 04-41, as amended, Sec. 2.01.00(B)
Boat parked in front ofresidence
Violation address: 5283 24th Ave. SW, Unit B, Naples, 34116
The Investigator stated the County requested a Continuance due to the Respondent's ill
health.
The Special Magistrate GRANTED the County's Request for a CONTINUANCE.
9. Case # 2007100770 - BCC vs. Bolomin & Ravmonde Charles
The Hearing was requested by Collier County Code Enforcement Investigator Weldon
Walker who was present.
The Respondents were not present.
Violation(s): LDC 04-41, as amended, Sec. 2.01.00(A)
Multiple unlicensed/inoperable vehicles
Violation address: 107 White Way, Immokalee, 34142
7
August 1, 2008
The Investigator stated he met with the owner, Raymonde Charles, on November 7,
2007 and personally served the Notice of Violation. He introduced photographs which
were marked as County's Composite Exhibits "A" though "c" and Exhibit "D," and
entered into evidence. The Notice of Hearing was posted at the property and the
Courthouse on July 22,2008.
The Investigator stated an interpreter, who was a friend of the owner, Raymonde
Charles, also spoke with her to explain the need for her to appear at the Hearing.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were 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 August 11,2008, 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.
Ifthe 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 Respondents.
Ifnecessary, 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 $1 17.34 on or
before September 1, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
10. Case # CESD20080003660 - BCC vs. Jose Luis Rosillo
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Florida Building Code, 2004 Edition, as adopted by
Collier Co., Sec. 105.1
Fence erected without first obtaining Collier Co. permits
Violation address: 108 2nd St., Immokalee, 34142
The Investigator introduced photographs which were marked as County's Composite
Exhibit "A" and entered into evidence. The Notice of Hearing was mailed via Certified
Mail on July 21,2008, and the property and Courthouse were posted on July 22,2008.
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. or a Collier County Demolition Permit, with all required
inspections and a Certificate of Completion, on or before September 1,2008, 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.
8
August I, 2008
The Respondent was 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 September 1, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
12. Case # 2007101041 - BCC vs. Sebastiana Romero
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Ord. 2005-44, as amended, Sec.(s) 6, 7 & 8
Prohibited accumulation oflitter
Violation address: 1419 Orange St., Immokalee, 34142
The Investigator introduced photographs which were marked as County's Composite
Exhibits "A" and "B," and entered into evidence. The Notice of Hearing was mailed
via Certified Mail on July 21,2008, and the property and Courthouse were posted on
July 22, 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 an enclosed structure, on or
before August II, 2008, or afine of$100.00 per day will be imposed for each day
the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondent.
Ifnecessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$II7.60 on
or before September I, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
C. Emergency Cases: NONE
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # 2007100766 - BCC Vs. Jacinto Luna & Ane:ela Vickery
9
August 1, 2008
The County was represented by Collier County Code Enforcement Investigative
Supervisor Susana Capasso and Investigator Jonathan Musse.
The Respondent was not present.
Violation(s): LDC 04-41, as amended, Sec. IO.02.06(B)(l)(A)
Construction of shed on unimproved property without obtaining
Collier Co. permits
Violation address: 502 Washington Ave., Immokalee, 34142
The Supervisor stated the violations had been abated on June 9, 2008.
The County requested imposition of Operational Costs in the amount of$269.70,
together with fines in the amount of$600.00 for the period from June 2, 2008 through
July 9, 2008 (6 days @ $IOO/day), for a total of$869.70.
The Special Magistrate GRANTED the County's Request for Imposition of Fines in
the total amount of $869.70.
VII. OLD BUSINESS
A. Request to forward cases for Foreclosure / Collections - NONE
VIII. CONSENT AGENDA
Recommendation to approve the Imposition of Lien for owners of record who have
failed to pay invoices resulting from nuisance abatement violation enforcement actions.
The Special Magistrate stated she reviewed the Consent Agenda and approved it as
submitted.
IX. REPORTS
The Special Magistrate stated on January 18, 2008, she heard Case # 2007080437 - BCC
vs. Tereatha Hawkins Estate. The Decedent's daughter, Diane Woolfork, appeared on
behalf of the beneficiaries. At that time, Ms. Woolfork was unable to supply confirmation
that she had permission from the beneficiaries to appear on their behalf. The oral Order was
not reduced to a written order and recorded. In the interim, the minimum housing violations
were abated. Ms. Woolfork made efforts but was unable to obtain any cooperation from the
other beneficiaries, even with the assistance of an attorney. The Special Magistrate
amended the oral Order and will issue a written Order finding there was a violation which
has been abated and the Operational Costs have been paid. The previously imposed
obligation to supply documentation from the other beneficiaries by Ms. Woolfork has been
deleted.
10
August 1, 2008
X. NEXT MEETING DATE - August 15, 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 ofthe Special Magistrate at 11 :55 AM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented _, or as amended _'
II