CESM Minutes 08/15/2008
August 15,2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, August 15,2008
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," 3'd 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 15,2008 at 9:00 A,M.
Location: 330 I 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
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - August 1,2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 145145
ROBERT BLASCOE
DEPUTY PAIGE LONG
ORD. SEe. 130-67
PARKING IN HANDICAPPED SPACE
VIOLATION
ADDRESS: IN FRONT OF PUBLIX PAVILION SHOPPING CENTER
FOLIO NO:
VIOLATION
ADDRESS:
PU 4296
INSOUTH BANK C/O J. L. MCVEY BUILDING CO. INC.
INVESTIGATOR ALBERTO SANCHEZ
ORD. 97-33, SEe. 6 (A 7)
TO CIRCUMVENT THE FACILITY BACKFLOW ASSEMBLY PROTECTING THE
COUNTY'S PUBLIC WATER SYSTEM
7672000 I 562
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3560 KRAFT RD. NAPLES, 34105
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 4298
LENNAR HOMES, LLC
C/O PINNACLE POOL CONSTRUCTION, INC.
INVESTIGATOR ALBERTO SANCHEZ
ORD. 2001-73, SEC. 1.4 (N)
UNLA WFUL CONNECTION TO COUNTY WATER BY TAMPERING WITH RP2
49660088300
10468 HERITAGE BAY BLVD.NAPLES, 34120
PR 003725
JAMES GRADSKY
PARK RANGER KURT ARAQUISTAIN
ORD. SEC. 130-66
FAILURE TO DISPLAY A PAID LAUNCH RECEIPT (HAD EXPIRED RECEIPT
FROM 5-17-08)
VIOLATION
ADDRESS: BA Y VIEW PARK
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 002896
RICHARD CHENOWETH
PARK RANGER CAROL BUCKLER
ORD. SEC. 130-66
PARKING IN UNLAWFUL AREA WITH EXPIRED STICKER (03-08)
VIOLA TION
ADDRESS: SOUTH MARCO BEACH
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003399
DONNETT MINTO
PARK RANGER BARRY GORNIAK
ORD. SEC. 130-67
PARKING IN HANDICAPPED SPACE WITH NO PERMIT
VIOLATION
ADDRESS: GOLDEN GATE COMMUNITY PARK
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003983
ANNE CONLEY
PARK RANGER MAURICIO ARAQU1STAIN
ORD. SEC. 130-66
FAILURE TO DlSPLA Y PAID PARKING RECEIPT
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS
2
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:
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C E V20080007340
MARIE MICHELINE LAFRANCE
INVESTIGATOR RENALD PAUL
ORD. 04-41, AS AMENDED, SEC. 2.01.00(A)
VEHICLE IN RESIDENTIALLY ZONED PROPERTY WITH EXPIRED LICENSE
PLATES
36312800001
2351 5 I ST TERRACE SW NAPLES, 34 116
CEPM20080007331
DlAN & JUNE EDWARDS
INVESTIGATOR JOE MUCHA
COLLIER CO. CODE OF LAWS & ORD, ARTICLE VI, SEC. 22-23 I, SUB(S). 1-5,
9,121, 12K, 12N, 12P, I2R, I9A, 19C & 20
VACANT RENTAL PROPERTY WITH SEVERAL MINIMUM HOUSING
VIOLATIONS
3598 1560003
4654 24TH PL SW, NAPLES, 34 116
CEPM20080005817
FRANK SUSI
INVESTIGATOR JOHN SANT AFEMIA
COLLIER CO. CODE OF LAWS & ORD, ARTICLE VI, CHAP. 22, SEC. 22-231,
SUB(S). 9, 121, & I9A
MINIMUM HOUSING VIOLATIONS CONSISTING OF EXPOSED ELECTRICAL
WIRING, INOPERABLE & BROKEN WINDOWS & PROPERTY LITTERED WITH
DEBRIS
62570720007
606 II nH AVE. N., NAPLES, 34108
CEPM20080005772
LINDA L. HIATT & KEVIN & JENNIFER HIATT
INVESTIGATOR JOHN SANTAFEMIA
COLLIER CO. ORD. 2004-58, AS AMENDED, SECTION 6, SUB(S).IO, 12B, 121,
I2L,& I9A
PROPERTY MAINTENANCE & HOUSING VIOLATIONS CONSISTING OF, BUT
NOT LIMITED TO, DAMAGED EXTERIOR WALLS, INOPERABLE EXTERIOR
LIGHTING, BROKEN WINDOWS, TORN AND/OR MISSING SCREENS, MOLD &
MILDEW GROWTH ON EXTERIOR WALLS, LITTER & DEBRIS SCATTERED
ABOUT THE PROPERTY
36110520004
5021 CORONADO PKWY., NAPLES, 34116
3
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:
IS.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
2007101086
JOSE & ELBIA VILLA
INVESTIGATOR JONATHAN MUSSE
COLLIER CO. ORD. 2005-44, AS AMENDED, SEC(S) 6, 7 & 8
PROHIBITED ACCUMULATION OF LITTER CONSISTING OF, BUT NOT
LIMITED TO, AUTO SEAT, WOOD, PROPANE TANK, MATTRESS, ETC. ON
RESIDENTIALLY ZONED PROPERTY.
30683040004
1413 TANGERINE ST. IMMOKALEE, 34142
2007080696
RICHARD CRUCE
INVESTIGATOR JONATHAN MUSSE
COLLIER CO. ORD. 2004-41, AS AMENDED, SEC(S)
I 0.02.06(B)(I)(A), I 0.02.06(B)( I)(E) & I 0.02.06(B)( I )(E)(I)
SHED(S) BUILT ON PROPERTY WITHOUT PROPER COLLIER CO. PERMITS
00059520007
6101 TAYLOR RD. S. IMMOKALEE, 34142
2007101070
ISRAEL G. MUNOZ
INVESTIGATOR JONATHAN MUSSE
ORD. 04-4 I, AS AMENDED, SEC. 2.0I.00(A)
MULTIPLE UNLICENSED/INOPERABLE VEHICLE(S)
30681680000
1416 ORANGE ST. IMMOKALEE, 34142
2007101069
ISRAEL G. MUNOZ
INVESTIGA TOR JONATHAN MUSSE
ORD. 05-44, AS AMENDED, SEC(S) 6, 7 & 8
LITTER
30681680000
1416 ORANGE ST. IMMOKALEE, 34142
4
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
C E V20080002380
BERNADETTE DEMBECKI
INVESTIGATOR RENALD PAUL
ORD. 04-41, AS AMENDED, SEC. 2.01.00(B)
RECREATIONAL BOAT IN FRONT YARD OF RESIDENCE
36116720002
2072 50TH TERRACE SW, NAPLES, 34116
A. Request to forward cases for Foreclosure / Collections
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: September 5, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiamj Trail.
XI. ADJOURN
5
August 15, 2008
I, CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:03 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: 9:15 AM
RECONVENED: 9:50 AM
II. APPROVAL OF AGENDA
Sue Chapin, Secretary to the Special Magistrate, stated Stipulations had been reached in
the following cases and would be heard in the following order:
. Agenda #10, Case # CEPM 20080005817 - BCC vs. Frank Susi
. Agenda #11, Case # CEPM 20080005772 - BCC vs. Linda L. Hiatt & Kevin &
Jennifer Hiatt
. Agenda #8, Case # CEV 20080007340 - BCC vs. Marie Micheline Lafrance
. Agenda #15, Case # 2007101069 - BCC vs. Israel G. Munoz
. Agenda #14, Case # 2007101070 - BCC vs. Israel G. Munoz
. Agenda #12, Case # 2007101086 - BCC vs. Jose & Elbia Villa
. Agenda #9, Case # CEPM 20080007331 - BCC vs. Dian & June Edwards
. Agenda #2, Case # PU 4296 - BCC vs. Insouth Bank, c/o J. L. McVey Building
Co. Inc.
. Agenda #3, Case # PU 4298 - BCC vs. Lennar Homes, LLC c/o Pinnacle Pool
Construction, Inc.
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 August 1,2008 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance:
5. Case # PR 002896 - BCC vs. Richard Chenoweth
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Carol Buckler was not present.
2
August 15, 2008
Violation(s): Ord. Sec. 130-66
Parking in unlawful area with expired sticker (03-08)
Violation address: South Marco Beach
The Special Magistrate stated the County had submitted a written request for a Motion
for Continuance in the case due to a prescheduled event.
The Special Magistrate GRANTED the County's Motion for a CONTINUANCE.
V. PUBLIC HEARINGS
A. Stipulations:
10. Case # CEPM 20080005817 - BCC vs. Frank Susi
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent was also present.
Violation(s): Collier Co. Code of Laws & Ord, Article VI, Chap. 22, Sec. 22-231,
Sub(s). 9,121, & 19A
Minimum housing violations consisting of exposed electrical wiring,
inoperable & broken windows & property littered with debris
Violation address: 606 111th Ave. N., Naples, 34108
A Stipulation was entered into by the Respondent on August 13, 2008.
The Respondent's address is 758 93rd Avenue North, Naples, FL 34108.
The Investigator stated the violations had 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
September15,200~
11. Case # CEPM 20080005772 - BCC vs. Linda L. Hiatt & Kevin & Jennifer
Hiatt
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent, Kevin Hiatt, was present and also represented his mother, Linda L.
Hiatt, and his wife, Jennifer Hiatt.
3
August 15,2008
Violation(s): Collier Co. Ord. 2004-58, as amended, Section 6, Sub(s).IO, 12B, 121,
12L,& 19A
Property maintenance & housing violations consisting of, but not limited
to, damaged exterior walls, inoperable exterior lighting, broken
windows, tom and/or missing screens, mold & mildew growth on
exterior walls, litter & debris scattered about the property
Violation address: 5021 Coronado Pkwy., Naples, 34116
A Stipulation was entered into on August 13, 2008 by Respondent Kevin Hiatt on behalf
of Respondents Linda L. Hiatt and Jennifer Hiatt, as well as himself
Investigator presented 11 photographs which were marked as County's Composite
Exhibit "A" and admitted into evidence.
The Respondent requested copies of the photographs which were supplied by the
Investigator.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to correct all minimun housing
violations as described on the Notice of Violation and to have the interior of the
rental units inspected 011 or before September 15, 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 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 September 15, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
8. Case # CEV 20080007340 - BCC vs. Marie Micheline Lafrance
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was also present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A)
Vehicle in residentially zoned property with expired license plates
Violation address: 2351 51st Terrace SW, Naples, 34116
A Stipulation was entered into by the Respondent on August 15, 2008.
The Respondent stated the vehicle has been removed.
The Investigator stated he would inspect the property on August 18, 2008 to verify
compliance.
4
August 15, 2008
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain a valid license plate
for the vehicle, or to store the vehicle in a completely enclosed structure, or to
remove the vehicle from the premises on or before August 18, 2008, or a fine 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.
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 September 15, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
14. Case # 2007101070 - BCC vs. Israel G. Munoz
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A)
Multiple unlicensed/inoperable vehic1e(s)
Violation address: 1416 Orange St., Immoka1ee, 34142
A Stipulation was entered into by the Respondent on August 15, 2008.
The Respondent stated his address was 1416 Orange Street North, Immokalee, Florida.
The Investigator stated the violations had 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$1l7.34 on or before
October 15, 2008.
15. Case # 2007101069 - BCC vs. Israel G. Munoz
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 05-44, as amended, Sec(s) 6, 7 & 8
Litter
Violation address: 1416 Orange St.., Immokalee, 34142
A Stipulation was entered into by the Respondent on August 15, 2008.
5
August 15, 2008
The Investigator stated the violations had 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 wasfound 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 $117.43 on or before
October 15, 2008.
12. Case # 2007101086 - BeC vs. Jose & Elbia Villa
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent, Jose Villa, was present and also represented his wife, Elbia Villa.
Violation(s): Collier Co. Ord. 2005-44, as amended, Sec(s). 6, 7 & 8
Prohibited accumulation of litter consisting of, but not limited to, auto
seat, wood, propane tank, mattress, etc. on residentially zoned property
Violation address: 1413 Tangerine St., Immokalee, 34142
A Stipulation was entered into by Respondent, Jose Villa, on behalf of his wife, Elbia
Villa, and himself.
The Investigator stated the violations have been abated.
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 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
September 15, 2008.
9. Case # CEPM 20080007331 - BCC vs. Dian & June Edwards
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondents were also present.
Violation(s): Collier Co. Code of Laws & Ord, Article VI, Sec. 22-231, Sub(s). 1-5,
9,121, 12K, 12N, 12P, 12R, 19A, 19C & 20
Vacant rental property with several minimum housing violations
Violation address: 4654 24th PL SW, Naples, 34116
A Stipulation was entered into on August 15, 2008 by the Respondents.
The Respondents residence address is 3361 Second Ave, SE, Naples, FL 341 17.
A copy of the Residential Property Maintenance Inspection Report was marked as
6
August 15,2008
County's Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to correct all minimun housing
violations as described on the Residential Property Maintenance Inspection Report
dated May 13, 2008, on or before August 22,2008, 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.
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 September 15, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
2. Case # PU 4296 - BCC vs. Insouth Bank. c/o J. L. McVev Buildinl! Co.. Inc.
The Hearing was requested by Collier County Public Utilities Enforcement Investigator
Alberto Sanchez who was present.
The Respondent was represented by James L. McVey who had been present earlier and
entered into a Stipulation, but left before the case was heard.
Violation(s): Ord. 97-33, Sec. 6 (A7)
To circumvent the facility backflow assembly protecting the County's
public water system
Violation address: 3560 Kraft Rd., Naples, 34105
A Stipulation was entered into on behalf of the Respondent by James L. Me Vey, as
president of J.L. McVey Building Co, Inc.
The Investigator requested imposition of a civil fine in the amount of $500.00.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civilJine in the amount
of $500.00, together with an administrative fee of $5. 00, on or before September 15,
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 15, 2008.
3. Case # PU 4298 - BCC vs. Lennar Homes. LLC, c/o Pinnacle Pool
Construction, Inc
The Hearing was requested by Collier County Public Utilities Enforcement Investigator
Alberto Sanchez who was present.
The Respondent was represented by Stephen Gabor who had been present earlier and
entered into a Stipulation, but left before the case was heard.
7
August 15, 2008
Violation(s): Ord. 2001-73, Sec. 1.4 (N)
Unlawful connection to County water by tampering with RP2
Violation address: 10468 Heritage Bay Blvd., Naples, 34120
A Stipulation was entered into on behalf of the Respondent by Stephen Gabor, as
Project Superintendent of Lennar Homes.
The Investigator requested imposition of a civil fine in the amount of $500.00.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s} and was ordered to pay a civiljine in the amount
of $500.00, together with an administrative fee of $5.00, on or before September 15,
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 15, 2008.
V. PUBLIC HEARINGS
B. Hearings:
1. Case # SO 145145 - BCC vs. Robert Blascoe
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Paige Long was not present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space
Violation address: In front ofPublix at Pavilion Shopping Center
The Respondent's address is 42 Lake Diane Drive, Naples, FL 34114.
Marlene Stewart, Code Enforcement administrative secretary, stated the Sheriffs
Office had been notified of the Hearing by email.
The Respondent requested a dismissal.
The Special Magistrate GRANTED the Respondent's Motion to Dismiss.
The Special Magistrate advised the Respondent that the Sheriff's Office has the right to
request a rehearing on the matter.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
8
..u._..,_...._,...,,_,_,~~"_,."_._'"_,~.,.__.~~.._.,_~~,.___",.,,_~._~__"_..._'...---_~.._,_"___o
August 15, 2008
1. Case # CEV 20080002380 - BCC vs. Bernadette Dembecki
The County was represented by Investigative Supervisor Suzanna Capasso and
Investigator Renald Paul.
The Respondent was present earlier, but left before the case could be heard.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(B)
Recreational boat in front yard ofresidence
Violation address: 2072 50th Terrace SW, Naples, 34116
The Supervisor stated the violations had been abated.
The County requested imposition of Operational Costs in the amount of $228.33,
together with fines in the amount of$650.00 for the period from May 20,2008
through June 2, 2008 (13 days @ $50/day), for a total of$878.33.
The Supervisor stated the Respondent was out of town when the Notice was served
but immediately corrected the violation when she returned. She also stated the
Respondent was unemployed, and had requested a reduction in the fines.
The Supervisor stated the County would not object to a reduction in fines.
The Special Magistrate ruled, due to mitigating circumstances, the fine of $650.00
would be waived, and confirmed that in the event the Operational Costs were
not paid, the County could not enforce the lien until 90 days after the Order was
issued by Operation of Law.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$228.33.
V. PUBLIC HEARINGS
B. Hearings:
7. Case # PR 003983 - BCC vs. Anne Conlev
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violation(s): Ord. Sec. 130-66
Failure To Display Paid Parking Receipt
Violation address: Barefoot Beach Access
The Respondent's address is 5115 Cobble Creek Court, #203, Naples, FL 34110.
The Respondent stated there were two machines at the parking lot. She paid the parking
fee and received a token but was unaware that she had to place the token into another
9
_,.._._~,~_" _......_,,_._____.,,_.._._'~..._.,.<,.~'_' ~~~.___.._'rn.__'M'_"_'.'_'___~'~_'_"_"_"'~'_"_'__'
August 15,2008
machine to receive a paid (paper receipt). She placed the token on the dashboard of her
car thinking it was sufficient proof of payment. She stated she has obtained a parking
sticker from the County.
The Park Ranger stated the machines are next to each other and the procedure for
payment is explained on the machines. He introduced a photograpth which was marked
as County's Exhibit "A" and admitted into evidence.
The Respondent stated she didn't notice any directions on the "token" machine.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount
of $30. 00 on or before September 15,2008.
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 15, 2008.
The Special Magistrate advised the Respondent that, after she checked the parking
machines to verifY whether or not instructions were visible, she has the right to file a
Motion for Re-Hearing within ten days after the Order was issued
6. Case # PR 003399 - BCC vs. Donnett Minto
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space with no permit
Violation address: Golden Gate Community Park
The Respondent stated her address is 4724 25th Place SW, Naples, Florida 34116, and
that she is now known as Donnett Anderson.
The Respondent stated she moved to Florida six months ago from New York City
where she did not own or drive a car. She stated she did not notice the handicapped
parking sign because she arrived at the Park at dusk. When she returned to her car and
turned on the headlights, she realized there was a handicapped parking sign and saw the
painted handicapped symbol on the parking lot although she stated it was very, very
faded. She later called the Board of County Commissions' office to inform them the
handicapped symbol was very faded and needed to be repainted.
The Investigator introduced two photographs which were marked as County's
Composite Exhibit "A." He stated his attention was immediately drawn to the car
because he noticed the driver's door was open. He stated he waited by the car, with his
car's lights flashing, for approximately 15 minutes in order to give the driver an
opprotunity to move the vehicle.
10
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August 15,2008
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount
of $250.00 on or before February 15, 2009.
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
February 15, 2009.
4. Case # PR 003725 - BeC vs. James Gradskv
The Hearing was requested by the Respondent who was represented by Melanie
Gradsky, his wife.
Collier County Park Ranger Kurt Araquistain was also present.
Violation(s): Ord. Sec. 130-66
Failure to display a paid launch receipt (had expired receipt from
5-17-08)
Violation address: Bay View Park
The Respondents' address is 103 Esther Street, Naples, FL 34104.
The Respondent stated she put the correct amount of money into the machine to obtain
a printed receipt, but it printed a receipt stating "insufficient funds." She tried to pay
again by using a credit card, but the machine rejected it. It is supposed to accept both
cash or credit cards. She stated she noticed another vehicle in the lot had, taped to its
door, $5.00 and old sticker with a note stating the parking machine was not working
correctly.
The Respondent produced the insufficient funds receipt which was marked as
Respondent's Exhibit "1" and admitted into evidence.
The Park Ranger stated the machines are checked daily. He introduced photogrpahs
which were marked as County's Exhibits "A" through "D" and admitted into evidence.
He further stated he had not received a call that day concerning a problem with the
ticket machine.
The Respondent stated she will obtain a ($75.00) launching sticker for the boat.
Finding the Notice of Hearing was properly served, the Respondent was found NOT
GUILTY of the alleged violation.
13. Case # 2007080696 - BCC vs. Richard Cruce
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
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.__._.____..._...._____".._._"~._".",._h____"~"_.,___'~~'~"_~~_" .-.,------,-,---.-.-
August 15,2008
Violation(s): Collier Co. Ord. 2004-41, as amended, Sec(s). 1O.02.06(B)(I)(A),
I 0.02.06(B)(1 )(E) & 1O.02.06(B)(1 )(E)(I)
Shed(s) built on property without proper Collier Co. permits
Violation address: 6101 Taylor Rd. S., lmmokalee, 34142
The Investigator stated the Notice of Violation was personally served on the
Respondent on August 27, 2007, and an extension was later granted since the
Respondent was out of state. He introduced two photographs which were marked as
County's Exhibits "A" and "B" and admitted into evidence.
The Notice of Hearing was sent via Certified Mail on July 31,2008 and the property
and the Courthouse were posted on August 4, 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 15, 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.
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 15, 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
VII. OLD BUSINESS
A. Request to forward cases for Foreclosure / Collections - NONE
VIII. CONSENT AGENDA - NONE
IX. REPORTS - NONE
X. NEXT MEETING DATE - September 5, 2008 at 9:00 AM at the BCC Chambers
located at 3301 East Tamiami Trail.
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^ ,.--.,-' -_._._,._-"-,~...._..." ". - ~,.." ,_....-"
August 15, 2008
There being no further business for the good ofthe County, the Hearing was adjourned by
Order of the Special Magistrate at 11 :37 AM.
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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