CESM Minutes 09/05/2008
September 5, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, September 5, 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:
Substitute Secretary to the Special Magistrate:
Honorable Brenda Garretson
Darlene Lafferty
STAFF PRESENT: Susana Capasso, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: September 5, 2008 at 9:00 A.M.
Location: 330 I E. Tamiami Trail, Naples, Florida, Collier County Govemment 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 15, 2008
IV. MOTIONS
A. Motion for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Heariugs
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11656
ATHINA KRYITSIS
OFFICER ANITA MARTINDALE
CODE OF LAWS CHAP. 14, SEC. 14-36, SUB(S)A(8)
TO BARK, WHINE, HOWL OR CAUSE OTHER OBJECTIONABLE NOISE
VIOLATION
ADDRESS: 207 MERMAIDS BIGHT 34103
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003964
ROBERT L. COOPER
PARK RANGER ROGER RIECK
ORD.SEC. 130-66
FAILURE TO DISPLA Y PAID LAUNCH RECEIPT
VIOLA TION
ADDRESS: 951 BOAT RAMP
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003287
GUY ADAMS
PARK RANGER CYNTHIA GA YNOR
ORD.SEC.I30-66
FAILURE TO PAY METER
VIOLA TION
ADDRESS: NORTH GULF SHORE BLVD.
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007080695
RICHARD K. CRUCE
INVESTIGATOR JONATHAN MUSSE
FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO.,
SEC 105.1
FENCE ERECTED ON AGRICUL TURALL Y ZONED PROPERTY WITHOUT
OBTAINING COLLIER CO. PERMITS
00059520007
610ITAYLORRD.S, IMMOKALEE, 34142
CENA20080007121
THOMAS L. & JACQUELINE WOOD, JR.
INVESTIGATOR CRISTINA PEREZ
CODE OF LAWS & ORD., CHAPTER 54, ARTICLE VI, SEC.54-179 & 54-181
LITTER CONSISTING OF, BUT NOT LIMITED TO, AUTO PARTS, TIRES,
WOOD, BUCKETS, METAL, ETC.
01134801705
228 BROCKINGTON DR., COPELAND, 34137
CEPM 20080006785
MELISSA SPENCER
INVESTIGATOR MICHELLE SCAVONE
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SEC. 22-231, SUBS. 12(N)
ACCESSORY STRUCTURE ON ESTATES ZONED PROPERTY NOT BEING
MAINTAINED AND KEPT IN GOOD REPAIR & SOUND STRUCTURAL
CONDITION
39392800109
200 22ND. ST. SE, NAPLES, 34117
CENA20080008113
FELIPE & ISABEL C. RAMIREZ
INVESTIGATOR JOE GIANNONE
CODE OF LA WS & ORD.,CHAPTER 54, ARTICLE VI, SEC(S). 54-179 & 54-181
LITTER CONSISTING OF, BUT NOT LIMITED TO, TIRES, BUCKETS,
BUILDING MATERIAL, BLOCKS, WEEDS, PLASTIC, PIPES, METAL, GENERAL
LITTER, Ere.
00071120003
3503 WESTCLOX ST., IMMOKALEE, 34142
2
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080003809
RICK LEVINE
INVESTIGATOR JOE MUCHA
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-23I , SUBS. 1-5, 7,
9-1 I, I2A-I2C, I21-I2L, 120, 12P, I9A-I9D & 20
ABANDONED MOBILE HOME WHICH IS DAMAGED BEYOND REASONABLE
REPAIR
66882520001
342 8TH ST., IMMOKALEE,34142
CEPM20080000939
FLOZELL, JONES
INVESTIGATOR JOE MUCHA
ORD. 2004-58, SEC. 16, SUB(S). I(A) -I(e), I(E), I(G), I(H), 2(A) & 2(B)
VACANT COMMERCIAL BUILDING IN DETERIORATED CONDITION WITH
MULTIPLE PROPERTY MAINTENANCE VIOLATIONS
24371120006
317 2ND ST., IMMOKALEE, 34142
CEV20080007142
DONALD L. GECKLER
INVESTIGATOR RENALD PAUL
COLLIER CO. LAND DEVELOPMENT CODE 04-41, AS AMENDED, SEC.
2.01.00(B)
BOA T PARKED IN FRONT OF RESIDENCE
36309320002
5283 24TH AVE. SW, UNIT B, NAPLES, 34 I 16
CESD20080007775
HSBS BANK USA,NATL. ASSOC., TR C/O EMC MORTGAGE CORP.
INVESTIGATOR RENALD PAUL
COLLIER CO. LAND DEVELOPMENT CODE 04-41, AS AMENDED, SEC.
1O.02.06(B)(I)(A), 1O.02.06(B)(I)(E)(I) & FLORIDA BUILDING CODE, 2004
EDITION, AS ADOPTED BY COLLIER CO., SEC. 105.1
TIKI HUT BUILT ON RESIDENTIAL PROPERTY WITH NO COLLIER CO.
PERMITS
37645480003
3160 4TH ST. NW, NAPLES, 34120
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:
C. Emergeucy Cases:
VI. NEW BUSINESS
CESD20080007891
HSBS BANK USA,NA TL. ASSOC., TR C/O EMC MORTGAGE CORP.
INVESTIGATOR RENALD PAUL
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE 11, SEe. 22-26(B) & FLORIDA
BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO., SEe.
104.5.1.4
PERMIT FOR BUILT POOL EXPIRED, CERTIFICATE OF COMPLETION NEVER
OBTAINED
37645480003
3160 4TH ST. NW, NAPLES, 34120
CESD20080007341
MARIE LAFRANCE
INVESTIGATOR RENALD PAUL
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE 11, SEe. 22-26(B) & FLORIDA
BUILDING CODE, 2004 ED1T10N, AS ADOPTED BY COLLIER CO., SEe.
104.5.1.4
PERMITS WERE APPLIED FOR KITCHEN ADDITION & FRAME STORAGE
SHED BUT OWNER DID NOT OBTAIN CERTIFICATE OF COMPLETION
36312800001
2351 51ST TERRACE, NAPLES, 34116
CERR20080004666
RICARDO & MARIA D. PRIETO
INVESTIGATOR RENALD PAUL
CODE OF LAWS & ORD., ARTICLE 6, SEe. 22-232(5)
FAILURE TO RENEW RENTAL REGISTRATION
36305760006
2333 55TH TERRACE SW, NAPLES, 34116
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
2007080327
6240 COLLIER GROUP, INC.
INVESTIGATOR AZURE SORRELS
ORD. 2004-58, SEC.16, SUB(S) I(B) & IC
ROOF, FASCIA, SOFFIT & CEILING OF COMMERCIAL BUILDINGS NOT
BEING MAINTAINED AS REQUIRED
00731840005
6240 COLLIER BLVD., NAPLES, FL 34114
4
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEV20080003611
ESPERANDIEU CIVIL
INVESTIGATOR THOMAS KEEGAN
ORD. 04-41, AS AMENDED, SEC. 2.01.00(A)
REPEA T VIOLATION - INOPERABLE/UNLICENSED VEHICLES
49480480007
4109 DALE AVE., NAPLES, 34112
2007100819
JILL J. WEAVER
INVESTIGATOR THOMAS KEEGAN
ORD. 04-41 AS AMENDED, SEC. 2.01.00(A)
REPEAT VIOLATION - INOPERABLE/UNLICENSED VEHICLE
22624160003
4620 ACADIA LANE, NAPLES, 34112
A. Request to forward cases for Foreclosure / Collections
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: September 19, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail.
XI. ADJOURN
5
September 5, 2008
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:01 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: 9:17 AM
RECONVENED: 9:32 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following
changes:
(a) Under Item V(B), "Hearings," the following case was WITHDRAWN by the
County due to compliance:
. Agenda # 8, Case # CEPM 20080003809 - BCC vs. Rick Levine
(b) Under Item V(B), "Hearings," the following case was DISMISSED by the County
due to error:
. Agenda # 3, Case # PR 003287 - BCC vs. Guy Adams
(c) Under Item V(C), "Emergency Cases," the following case was ADDED by the
County:
. Agenda #1, Case # 20080012982 - BCC vs. Graciela M. Wright & Elizabeth
& Salvador Garnelo
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 15, 2008 were reviewed
by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance:
6. Case # CEPM 20080006785 - BCC vs. Melissa Spencer
The Hearing was requested by the Respondent.
The Special Magistrate stated she had reviewed the Request submitted by the Respondent.
2
September 5, 2008
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec. 22-231, Subs. 12(N)
Accessory structure on estates zoned property not being maintained and
kept in good repair & sound structural condition
Violation address: 200 22nd. St. SE, Naples, 34117
The Special Magistrate GRANTED the Respondent's Requestfor a Continuance.
9. Case # CEPM 20080000939 - BCC vs. Flozell Jones
The Hearing was requested by the Respondent.
The Special Magistrate stated she had reviewed the Request submitted by the Respondent.
Violation(s): Ord. 2004-58, Sec. 16, Sub(s). I(A) -I(e), I(E), I(G), I(H), 2(A) & 2(B)
Vacant commercial building in deteriorated condition with multiple
property maintenance violations
Violation address: 317 2nd St., Immokalee, 34142
The Special Magistrate GRANTED the Respondent's Requestfor a Continuance.
V. PUBLIC HEARINGS
A. Stipulations:
1. Case # CEPM 20080012982 - BCC vs. Graciela M. Wrie:ht & Elizabeth &
Salvador Garnelo
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent, Graciela Wright, was present.
Daniel Puesan, the Respondent's son, served as translator.
Violation(s): Collier County Code of Laws & Ord 07-45, Chap. 22, Article VI,
Sec. 22-243 & FL Stat. Chap. 162, Sec. 162.06(4)
Unsecured vacant home being utilized by homeless/squatters
presenting serious threat to public safety of neighboring properties
Violation address: 2360 Washington Ave., Naples, 34112
A Stipulation was entered into by the Respondent, Graciela Wright, on behalf of herself on
September 5, 2008.
The Investigator stated the Notice of Hearing was posted at the property and the
Courthouse.
The Respondent stated she did not represent Elizabeth & Salvador Garnelo.
3
September 5, 2008
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 board/secure the property on or before September 8, 2008,
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 Respondents.
1fnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $118. 04 on or
before October 5, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
1. Case # DAS 11656 - BCC vs. Athina Krvitsis
The Hearing was requested by the Respondent who was present and represented by her
attorney, Richard D. Cimino.
Collier County Department of Animal Services Officer Anita Martindale was also
present.
Violation(s): Code of Laws Chap. 14, Sec. 14-36, Sub(s). A(8)
To bark, whine, howl or cause other objectionable noise
Violation address: 207 Mermaids Bight, 34103
A Stipulation was entered into by the Respondent on September 5, 2008.
The Attorney stated his client informed him there are approximately 12 dogs in the
area, and maintained her dog was not the barking dog.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a fine of $1 00.00, together
with administrative fee of $7.00, on or before October 5,2008, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or
before October 5, 2008.
V. PUBLIC HEARINGS
B. Hearings:
2. Case # PR 003964 - BCC vs. Robert L. Cooper
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Roger Rieck was present.
4
September 5, 2008
Violation(s): Ord. Sec. 130-66
Failure to display paid launch receipt
Violation address: 951 Boat Ramp
The Park Ranger stated he did not observe a receipt so he issued a Citation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine of $30. 00, together
with administrative fee of $5. 00, on or before October 5, 2008, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or
before October 5, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # CEV 20080003611 - BCC vs. Esperandieu Civil
The County was represented by Investigative Supervisor Susana Capasso and
Investigator Thomas Keegan.
The Respondent was also present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A)
Repeat Violation - Inoperable/unlicensed vehicles
Violation address: 4109 Dale Ave., Naples, 34112
The Supervisor stated the violation has been abated.
The County requested imposition of Operational Costs in the amount of$223.29,
together with a fine in the amount of $200.00, for a total of$423.29.
The Respondent stated he is not employed and does not have funds to pay at this time.
The Special Magistrate explained that the Ordinance does not permit the County to
foreclose upon the lien for ninety days after an Order has been issued.
The Special Magistrate GRANTED the County's request for an Imposition of Fines
in the amount of $423.29.
V. PUBLIC HEARINGS
B. Hearings:
5
September 5, 2008
4. Case # 2007080695 - 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): Florida Building Code, 2004 Edition, as adopted ay Collier County,
Sec 105.1
Fence erected on agriculturally zoned property without obtaining Collier
County permits
Violation address: 6101 Taylor Rd. S, Immokalee, 34142
The Investigator introduced two photographs which were marked as County's Exhibits
"A" and "B" and admitted into evidence. The Notice of Violation was sent to the
Respondent via Certified Mail and the property and Courthouse were posted on
June 17,2008. The Notice of Hearing was sent via Certified Mail and both the
property and the Courthouse were posted on August 20, 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, all required
inspections and a Certificate of Completion, on or before October 5,2008,
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 $117.52 on
or before October 5, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
5. Case # CENA 20080007121 - BCC vs. Thomas L. & Jacqueline Wood. Jr.
The Hearing was requested by Collier County Code Enforcement Investigator Cristina
Perez who was present.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Chapter 54, Article VI, Sec.54-179 & 54-181
Litter consisting of, but not limited to, auto parts, tires, wood, buckets,
metal, etc.
Violation address: 228 Brockington Dr., Copeland, 34137
The Investigator stated the property and the Courthouse were posted on August 25,
2008. The Notice of Hearing was left at the owners' home. She introduced six
photographs which were marked as County's Exhibits "A" through "F" and admitted
into evidence.
6
September 5, 2008
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 a completely enclosed structure,
on or before September 12, 2008, or a fine 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 Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
1fnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.42 on or
before October 5, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
7. Case # CENA 20080008113 - BCC vs. Felipe & Isabel C. Ramirez
The Hearing was requested by Collier County Code Enforcement Investigator Joe
Giannone who was present.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Chapter 54, Article VI, Sec. 54-179 & 54-181
Litter consisting of, but not limited to, tires, buckets, building material,
blocks, weeds, plastic, pipes, metal, general litter, etc.
Violation address: 3503 Westclox St., Immokalee, 34142
The Notice of Violation was issued on June 11,2008. The Notice of Hearing was
posted at the property and the Courthouse on August 18,2008.
The Investigator introduced 12 photographs which were marked as County's Exhibits
"A" through "L" and admitted into evidence. He stated he met with the homeowner
who said the litter would be removed, but only minimal amounts of debris were
removed.
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 a completely enclosed structure,
on or before September 12,2008, or afine of $1 00. 00 per day will be imposedfor
each day the violation remains thereafter, unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.60 on or
before October 5, 2008.
7
September 5, 2008
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
10. 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): Collier Co. Land Development Code 04-41, as amended, Sec. 2.0l.00(B)
Boat parked in front of residence
Violation address: 5283 24th Ave. SW, Unit B, Naples, 34116
The Investigator introduced eight photographs which were marked as County's
Exhibits "A" through "H" and admitted into evidence. The violation 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$117.60 on or before
October 5, 2008.
11. Case # CESD 20080007775 - BCC vs. HSBS Bank USA, Natl. Assoc. Tr., c/o
EMC Mortl!al!e Corp.
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present.
Violation(s): Collier Co. Land Development Code 04-41, as amended, Sec.
lO.02.06(B)(l)(A), lO.02.06(B)(l)(E)(I) & Florida Building Code, 2004
Edition, as adopted by Collier Co., Sec. 105.1
Tiki hut built on residential property with no Collier Co. permits
Violation address: 3160 4th St. NW, Naples, 34120
The Investigator introduced several photographs which were marked as County's
Composite Exhibit "A" and Exhibits "B" through "D" and admitted into evidence.
The Notice of Hearing was mailed on August 18,2008. The property and the
Courthouse were posted on August 20, 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, all required
inspections and a Certificate of Completion, on or before December 5, 2008,
or a fine of $200. 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
September 5, 2008
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.69 on
or before October 5, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
12. Case # CESD 20080007891 - BCC vs. HSBS Bank USA. Natl. Assoc. Tr.. c/o
EMC Mortl!:al!:e Corp.
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article 11, Sec. 22-26(B) & Florida
Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4
Permit for built pool expired, Certificate of Completion never obtained
Violation address: 3160 4th St. NW, Naples, 34120
The Notice of Hearing was mailed on August 18,2008. The property and the
Courthouse were posted on August 20, 2008.
The Investigator stated the Registered Agent, Bradley Harper, had been contacted.
He introduced four photographs which were marked as County's Exhibits "A" through
"D" and 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 obtain either a Collier
County Building Permit or a Collier County Demolition Permit, all required
inspections and a Certificate of Completion, on or before December 5, 2008,
or ajine of $200. 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 $117.60 on
or before October 5, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
13. Case # CESD 20080007341 - BCC vs. Marie Lafrance
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article 11, Sec. 22-26(B) & Florida
Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4
9
September 5, 2008
Permits were applied for kitchen addition & frame storage shed but
owner did not obtain Certificate of Completion
Violation address: 2351 51st Terrace, Naples, 34116
The Investigator stated the Notice of Violation was served on the Respondent's brother
on May 14,2008. The Notice of Hearing was posted at the property and the
Courthouse on August 20,2008. Four photographs were marked as County's Exhibits
"A" through "D" and admitted into evidence. He stated permits had been applied for
and the Respondent needed only to obtain a Certificate of Completion for compliance.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain all required Collier
County inspections and a Certificate of Completion, or to obtain a Collier County
Demolition Permit, all required inspections and Certificate of Completion on or
before November 5,2008, or afine of $200.00 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 $117.43 on
or before October 5, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
14. Case # CERR 20080004666 - BCC vs. Ricardo & Maria D. Prieto
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Article 6, Sec. 22-232(5)
Failure to renew rental registration
Violation address: 2333 55th Terrace SW, Naples, 34116
The Notice of Violation was posted at the property and the Courthouse on April 25,
2008. The Notice of Hearing was posted on August 20, 2008. The Investigator stated
he called the owners and left a message.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to obtain a current Collier
County registration and to pay all delinquent fees on or before September 12, 2008,
or afine of $25. 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 $117.78 on
or before October 5, 2008.
10
September 5, 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:
(Case # CEPM 20080012982 - BCC vs. Graciela M. Wright & Elizabeth &
Salvador Garnelo was heard under "Public Hearings - Stipulations. '~
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2007080327 - BCC vs. 6240 Collier Group, Inc.
The County was represented by Investigative Supervisor Susana Capasso and
Investigator Azure Sorrels.
The Respondent was not present.
Violation(s): Ord. 2004-58, Sec.16, Sub(s) I(B) & I(e)
Roof, fascia, soffit & ceiling of commercial buildings not being
maintained as required
Violation address: 6240 Collier Blvd., Naples, FL 34114
The Supervisor stated the violations have not been abated and fines continue to accrue.
The County requested imposition of Operational Costs in the amount of $340.30,
together with fines in the amount of $7,250.00 for the period from August 7, 2008
through September 5, 2008 (29 days @ $250/day), for a total of $7,590.30.
The Investigator stated the property owner has not applied for any permits and no work
has begun.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in
the total amount of $7,590.30.
3. Case # 2007100819 - BCC vs. Jill J. Weaver
The County was represented by Investigative Supervisor Susana Capasso and
Investigator Thomas Keegan.
The Respondent was not present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A)
Repeat Violation - Inoperable/unlicensed vehicle
Violation address: 4620 Acadia Lane, Naples, 34112
11
September 5, 2008
The Supervisor stated the violations were abated by the County.
The County requested imposition of Operational Costs in the amount of$206.99,
together with a civil penalty of $500.00, fines in the amount of $2,500.00 for the period
from January 10,2008 through February 4, 2008 (25 days@ $IOO/day), plus County
abatements costs of$200.00 for a total of$3,406.99.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in
the total amount of $3,406.99.
VII. OLD BUSINESS
A. Request to forward cases for Foreclosure I Collections - None
VIII. CONSENT AGENDA - None
IX. REPORTS -
The Special Magistrate stated in the Minutes of August I, 2008, in Case # CELU
20070000512 - BCC vs. Thomas A. Johns. Sf. and Case # CENA 20070000509 - BCC
vs. Thomas A. Johns, Sf., the Respondent had submitted a written Request for an
Extension of Time which had not been ruled upon.
The Special Magistrate stated the Motion for an Extension of Time was GRANTED,
and the Respondent was given until November 4, 2008, to correct the violations.
X. NEXT MEETING DATE - September 19,2008 at 9:00 AM at the BCC Chambers
located at 3301 East Tamiami Trail.
12
September 5, 2008
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11:18 AM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented _, or as amended _'
13