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CESM Minutes 10/03/2008 October 3, 2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 3,2008 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: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Kitchell Snow, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: October 3, 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 A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - September 19,2008 IV. MOTIONS A. Motion to Vacate Order FOLIO NO: VIOLATION ADDRESS: 2007080213 GILDA NAVARRO / COUNTRYWIDE BANK INVESTIGATOR MARIO BONO FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO., SECS. 424.2.17.1 & 424.2.17.1.8 SWIMMING POOL WITHOUT FENCING OR ENCLOSURE 29381160006 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: 9741 CAMPBELL CIRCLE, NAPLES 34109 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS11808 JULIO FARINA OFFICER PETER HINKLEY ORD. 14-41, SEe. AS TORMENT ANY ANIMAL OR DEPRIVE OF WATER (BLUE/WHITE MASTIF) VIOLA TION ADDRESS: 4537 CORAL PALMS LN. APT. 6, NAPLES 34116 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS11809 JULIO FARINA OFFICER PETER HINKLEY ORD. 14-41, SEC. A5 TORMENT ANY ANIMAL OR DEPRIVE OF WATER (RED/WHITE MASTIF) VIOLATION ADDRESS: 4537 CORAL PALMS LN. APT. 6, NAPLES 34116 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS11651 JOE POPP ACENO OFFICER ANITA MARTINDALE ORD. 14-36, SEC. A5 TO CREATE A SANITARY NUISANCE VIOLA TION ADDRESS: 3066 W. CROWN POINT BLVD. NAPLES, 34112 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-02301 CEVFH20080012232 BRUNO PRADA-HOYOS C/O TLC NON EMERGENCY MED. TRANSPORT INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS AND ORD. CHAP. 142, SEe. 142-33(J), 142-37(B) OPERATED A VEHICLE FOR HIRE FOR TLC AND MADE A PASSENGER PICK UP IN COLLIER CO. WITHOUT A VALID DRIVER ID ISSUED BY CODE ENFORCEMENT. THIS IS SECOND OFFENSE. VIOLA TION ADDRESS: NAPLES COMMUNITY HOSPITAL NORTH 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-OOI97 CEVFH20080008631 CLEAN RIDE LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LA WS & ORD., CHAP. 142, SEC.(S) 142-33 (J), 142-34, 142-37(B) ALLOWED/EMPLOYED NEIL WALMSLEY TO OPERATE A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY CODE ENFORCEMENT VIOLATION ADDRESS: 851 GULFSHORE BLVD. 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-OOI94 CEVFH20080007574 CLEAN RIDE LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEC.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER CO. WITHOUT A VALID PV AC ISSUED CERTIFICATE TO OPERATE A PASSENGER TRANSPORT BUSINESS VIOLA TION ADDRESS: 3950 RADIO RD. AS DESTINANTION 2 7. CASE NO: OWNER: OFFICER: VIOLATIONS: CO-OO 192 CEVFH20080007320 CLEAN RIDE LIMO, INC. INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEC.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER CO. WITHOUT HAVING A VALID PV AC ISSUED CER TIFICA TE TO OPERATE A PASSENGER TRANSPORT SERVICE VIOLA TION ADDRESS: 851 GULFSHORE BLVD. N. AS DESTINATION 8. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-OOI93 CEVFH20080007285 CLEAN RIDE LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT HAVING A VALID PV AC ISSUED CERTIFICATE TO OPERATE A PASSENGER TRANSPORT SERVICE VIOLA TION ADDRESS: 851 GULFSHORE BLVD. N. AS DESTINATION 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: C000195 CEVFH20080007692 BOBBY D. CALVERT INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-33 (J), 142-37(B), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING A PASSENGER PICKUP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY COLLIER CO. CE VIOLA TION ADDRESS: 851 GULFSHORE BLVD. N. 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: C000196 CEVFH20080007684 NEIL WALMSLEY INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-33 (J), 142-37(B), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY COLLIER CO. CE VIOLA TION ADDRESS: 851 GULFSHORE BLVD., AS DESTINATION 11. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: PU 4439 JOHN DOWNEY INVESTIGATOR MIKE ANDRESKY ORD 2001-73, SEC. 1.4 (6.4) ILLEGAL CONNECTION AT METER BOX AREA. PREVIOUS ILLEGAL CONNECTION ON 9-3-08. THE CONNECTION WAS TERMINATED BY WATER DISTRIBUTION. 62577160000 615 106TH AVE. NAPLES 34108 3 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 16. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: PU 4438 SANTA BARBARA GARDEN VILLAS, LLC INVESTIGA TOR MIKE ANDRESKY ORD. 2005-44, SEC. 9.4 THIRD VIOLATION OF PUTRESCIBLE WASTE NOT CONTAINERIZED IN FRONT OF BLDG. 116 SANTA CLARA 00400200002 IN FRONT OF SANTA CLARA BUILDING 116 PU 4407 CENTEX HOMES INVESTIGATOR GEORGE CASCIO ORD. 2001-73, SEe. 1.4(N) UNLA WFUL CONNECTION TO COLLIER CO. WATER SUPPLY 68986810783 9645 COBALT COVE, NAPLES 34120 PU 4408 CENTEX HOMES INVESTIGA TOR GEORGE CASCIO ORD. 1997-33, SEC. 6.A.7 CIRCUMVENTED BACKFLOW DEVICE 68986810783 9645 COBALT COVE, NAPLES 34120 PU 4409 CENTEX HOMES INVESTIGATOR GEORGE CASCIO ORD. 1997-33, SEe. 6.A.6 UNAPPROVED AL TERA TION OF A BACKFLOW DEVICE 68986810767 9641 COBALT COVE, NAPLES 34120 PU 4433 CENTEX HOMES INVESTIGATOR MIKE ANDRESKY ORD. 1997-33. SEe. 6.A.6 ALTERATION OF A BACKFLOW 56324015945 8148 MONTICELLO CT. NAPLES 34104 4 17. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: PU 4434 CENTEX HOMES INVESTIGATOR MIKE ANDRESKY ORD. 1997-33, SEe. 6.A.6 AL TERA TION OF A BACKFLOW 56324015026 8171 JEFFERSON CT. NAPLES 34104 PU 4356 CENTEX HOMES INVESTlGA TOR ALBERT SANCHEZ ORD. 1997-33, SEe. 6.A (6) ILLEGAL ALTERING OF A BACKFLOW PREVENTION ASSEMBLY 68986809024 9505 IRONSTONE TERRACE, BLDG. 28, NAPLES, 34120 2007050735 IRENE SYLVA & RAFAEL ROSAS INVESTIGA TOR MICHELLE SCAVONE COLLIER CO. LDC 04-41, AS AMENDED, SEC. 10.02.06(B)(I)(A), 10.02.06(B)(I)(E), 1O.02.06(B)(l)(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 CEPM20080000939 FLOZELL, JONES INVESTIGA TOR JOE MUCHA ORD. 2004-58, SEe. 16, SUB(S). I(A) -I(C), I(E), I(G), I(H), 2(A) & 2(B) V ACANT COMMERCIAL BUILDING IN DETERIORATED CONDITION WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS 24371120006 3] 7 2ND ST. IMMOKALEE 34142 5 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. 2. 3. 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: CEPM20080003635 BRIAN & SYLVIA CHRISTOPHER INVESTIGATOR RON MARTINDALE CODE OF LA WS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-23I , SUB(S).15 PRIVATE POOL MAINTENANCE VIOLATION-WATER IN ALGAED & STAGNANT CONDITION 68827502859 431 IBIS WAY NAPLES 341 10 CEPM20080004191 RANDY A. SHELTON INVESTIGATOR RENALD PAUL COLLIER CO. CODE OF LAWS & ORD, CHAP. 22, ARTICLE VI, SEe. 22-243 VACANT SINGLE FAMILY STRUCTURE WITH MULTIPLE BROKEN WINDOWS, DOORS & LOCKS ALLOWING ACCESS TO DWELLING 35754560007 4400 20TH AVE. SW, NAPLES 34116 CEPM20080007331 DIAN & JUNE EDWARDS INVESTIGATOR JOE MUCHA COLLIER CO. CODE OF LAWS & ORD, CHAP. 22, ARTICLE VI, SEC. 22-231, SUB(S). 1-5,9, 121, 12K, I2N, 12P, 12R, 19A, 19C&20 VACANT RENTAL PROPERTY WITH SEVERAL MINIMUM HOUSING VIOLA TIONS 35981560003 4654 24TH PL SW, NAPLES 34116 CEPM20080007987 JILL WEAVER & HENRY TESNO INVESTIGATOR JOE MUCHA COLLIER CO. CODE OF LA WS & ORD., CHAP. 22, ART. VI, SEe. 22-231, SUB(S). 1,2,3,5,10,11 & 19B NUMEROUS HOUSING VIOLATIONS 52700360001 3132 VAN BUREN AVE. NAPLES 34112 6 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CEV20080007718 JILL J. WEA VER- TESNO & HENRY TESNO INVESTIGA TOR TOM KEEGAN COLLIER CO. LDC 04-41, AS AMENDED, SEC. 2.01.00(A) REPEA T VIOLATION/ UNLICENSED/INOPERABLE VEHICLE(S) 71800000527 3117 ARECA AVE.NAPLES 34112 CEPM20080007719 HENRY TESNO & JILL J. WEAVER INVESTIGATOR TOM KEEGAN CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SEe.22-231, SUBS. 15 PRIVATE POOL MAINTENANCE VIOLATION-POOL IN GREEN, ALGAED & STAGNANT CONDITION 71800000527 3117 ARECA A VE.NAPLES 34112 2007100766 JACINTO LUNA & ANGELA VICKERY INVESTIGA TOR JONA THAN MUSSE LDC 04-41, AS AMENDED, SEC. I 0.02.06(B)( 1 )(A) CONSTRUCTION OF SHED ON UNIMPROVED PROPERTY WITHOUT OBTAINING COLLIER CO. PERMITS 63857600001 502 WASHINGTON AVE. IMMOKALEE 34142 2007080696 RICHARD CRUCE INVESTIGA TOR JONATHAN MUSSEE COLLIER CO. ORD. 2004-41, AS AMENDED, SEC(S) 1O.02.06(B)(I )(A), 1O.02.06(B)(l )(E) & I 0.02.06(B)(1 )(E)(I) SHED BUILT ON PROPERTY WITHOUT PROPER COLLIER CO. PERMITS 00059520007 6101 TAYLOR RD. S. IMMOKALEE 34142 CESD20080003660 JOSE LUIS ROSILLO INVESTIGA TOR JONATHAN MUSSE FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO., SEC. ]05.1 FENCE ERECTED WITHOUT FIRST OBTAINING COLLIER CO. PERMITS 81681840006 108 2ND ST. IMMOKALEE 34]42 7 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 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 BOLOMIN & RA YMONDE CHARLES INVESTIGA TOR WELDON WALKER ORD. 05-44, AS AMENDED, SEC(S) 6, 7 & 8 PROHIBITED ACCUMULATION OF LITTER 35540360000 107 WHITE WAY, IMMOKALEE 34142 2007100770 BOLOMIN & RA YMONDE CHARLES INVESTIGA TOR WELDON WALKER LDC 04-41, AS AMENDED, SEC. 2.0 I .OO(A) MULTIPLE UNLICENSED/INOPERABLE VEHICLES 35540360000 107 WHITE WAY" IMMOKALEE 34142 CEPM20080003791 FLOZELL SLEDGE INVESTIGATOR JOE MUCHA CODE OF LAWS & ORD.,CHAP. 22, ARTICLE VI, SEC.22-231, SUBS. 1-4,7-11, 12B, 121-12M, 120, 12P, 19A-19D, 20 RENTAL PROPERTY WITH MULTIPLE MINIMUM HOUSING VIOLATIONS 56403840002 413 GAUNT ST., IMMOKALEE, 34142 CEPM20080002951 CHARLES BROWN INVESTIGA TOR JOE MUCHA ORD. 2004-58, SEe. 12 ALLOWING A DANGEROUS & HAZARDOUS BUILDING TO EXIST ON RESIDENTIAL PROPERTY 00125040000 306 COLORADO AVE. IMMOKALEE 34142 8 VII. OLD BUSINESS A. Request to forward cases for Foreclosure / Collections VIII. CONSENT AGENDA IX. REPORTS X. NEXT MEETING DATE: October 17,2008 at 9:00 A.M. located at the Community Development and Environmental Services, 2800 N. Horseshoe Dr., Conference Rooms 609 - 610. XI. ADJOURN 9 October 3, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to 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," the following cases were WITHDRAWN by the County due to compliance and/or payment: . Agenda # 1, Case # DAS 11808 - BCC vs. Julio Farina . Agenda # 2, Case # DAS 11809 - BCC vs. Julio Farina . Agenda # 3, Case # DAS 11651 - BCC vs. Joe Poppaceno . Agenda # 19, Case # 2007050735 - BCC vs. Irene Sylva & Rafael Rosas (c) Under Item VI, "New Business," the County removed the following case which was placed on the Agenda in error: . Agenda # 7, Case # 2007100766 - BCC vs. Jacinto Luna & Angela Vickery 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 Sue Chapin, Secretary to the Special Magistrate, proposed the following change: . (Page 10) Agenda #18, Case # CENA 20080001934 - BCC vs. Ryan M. Hoover, the amount assessed was corrected from $150.00 to $155.00. The Minutes of the Special Magistrate Hearing held on September 19,2008 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion to Vacate Order: 2 October 3,2008 1. Case # 2007080213 - BCC vs. Gilda Navarro / Countrywide Bank The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono who was present. The Respondent was not present. Michael A. Durant, Attorney for the buyer, was also present, as an interested third- party. Violation(s): Florida Building Code, 2004 Edition, as adopted by Collier Co., Secs. 424.2.17.1 & 424.2.17.1.8 Swimming pool without fencing or enclosure Violation address: 9741 Campbell Circle, Naples 34109 The property, previously owned by Gilda Navarro, was acquired by Countrywide Bailie The Investigator introduced four photographs verifying compliance which were marked as County's Exhibits "A" through "D." The Special Magistrate GRANTED the Motion to Vacate a previous Order. B. Motion for Continuance - NONE V. PUBLIC HEARINGS A. Stipulations: 13. Case # PU 4407 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 2001-73, Sec. 1.4(N) Unlawful connection to Collier Co. water supply Violation address: 9645 Cobalt Cove, Naples 34120 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee, Project Manager on October 3, 2008. The Investigator stated the violation was a repeat violation of an Order entered on February 1,2008. The Special Magistrate stated she would take Judicial Notice of the Order. The Investigator requested assessment of a civil penalty in the amount of $5,000.00. 3 October 3, 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 penalty of $5,000.00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $5,055.00 14. Case # PU 4408 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 1997-33, Sec. 6.A.7 Circumvented backflow device Violation address: 9645 Cobalt Cove, Naples 34120 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee, Project Manager on October 3, 2008. The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1,000.00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $1,055.00 15. Case # PU 4409 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 1997-33, Sec. 6.A.6 Unapproved alteration of a backflow device Violation address: 9641 Cobalt Cove, Naples 34120 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee. Project Manager on October 3, 2008. The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00. 4 October 3, 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 penalty of $1,000.00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $1,055.00 16. Case # PU 4433 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 1997-33. Sec. 6.A.6 Alteration of a backflow Violation address: 8148 Monticello Ct., Naples 34104 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee, Project Manager on October 3, 2008. The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1,000.00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $1,055.00 17. Case # PU 4434 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 1997-33, Sec. 6.A.6 Alteration of a backflow Violation address: 8171 Jefferson Ct., Naples 34104 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee, Project Manager on October 3, 2008. 5 October 3, 2008 The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1,000.00, together with an administrativefee of $5. 00 on or before November 3,2008, 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 November 3, 2008. Total amount owed: $1,055.00 18. Case # PU 4356 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Enforcement Investigator George Cascio who was present. The Respondent was represented by Christopher Cartee, Project Manager. Violation(s): Ord. 1997-33, Sec. 6.A (6) Illegal altering of a backflow prevention assembly Violation address: 9505 Ironstone Terrace, Bldg. 28, Naples, 34120 A Stipulation was entered into on behalf of the Respondent, Centex Homes, by Christopher Cartee, Project Manager on October 3, 2008. The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1,000.00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $1,055.00 B. Hearings: 4. Case # CO-02301 CEVFH 20080012232 - BCC vs. Bruno Prada-Hoyos c/o TLC Non-Emereency Med. Transport The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was present. Ricardo Hoyos, General Manager, was also present. Violation(s): Code of Laws and Ord. Chap. 142, Sec. 142-33(1), 142-37(B) Second Offense - Operated a vehicle for hire for TLC and made 6 October 3, 2008 a passenger pick up in Collier Co. without a valid Driver ID issued by Code Enforcement. Violation address: Naples Community Hospital North The Respondent admitted the violation and requested additional time to pay the fine. The Investigator stated the driver has now obtained a valid identification. 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 penalty of $500. 00, together with an administrative fee of $5.00 on or before January 17, 2009, 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 January 17, 2009. Total amount owed: $555.00 5. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33 (1), 142-34, 142-37(B) Allowed/employed Neil Walmsley to operate a vehicle for hire making a passenger pick up in Collier Co. without first obtaining a Driver ID issued by Code Enforcement Violation address: 851 Gulfshore Blvd. The case was continued from the September 19,2008 Docket. The Investigator stated the assigned Assistant County Attorney was not available due to personal leave. Assistant County Attorney Jeff Wright asked for a Continuance. Attorney Perkins stated the Respondent objected to the granting of a Continuance. The Special Magistrate GRANTED the County's Requestfor a CONTINUANCE. Special Magistrate ruled the Attorneys would be allowed to submit legal position papers {Memorandum of Lawj via email on October 13,2008. The Attorneys are to decide by October 16, 2008 whether or not to request adding the case to the October 17, 2008 Hearing Agenda and to notifY Code Enforcement of same. 6. Case # CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo. Inc. 7 October 3,2008 The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, SEC.(S) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 3950 Radio Rd. as destination The Special Magistrate ruled the case would be CONTINUED. (Reference: Agenda # 5, Case # CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo, Inc.) 7. Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled the case would be CONTINUED. (Reference: Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc.) 8. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business 8 October 3, 2008 Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled the case would be CONTINUED. (Reference: Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc.) 9. Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Collier Co. Code Enforcement Violation address: 851 Gulfshore Blvd. N. The Special Magistrate ruled the case would be CONTINUED. (Reference: Agenda # 5, Case # CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo, Inc.) 10. Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmslev The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. Assistant County Attorney Jeff Wright was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B), 142-58(F)( 4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Collier Co. Code Enforcement Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled the case would be CONTINUED. (Reference: Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc.) VI. NEW BUSINESS 9 .."-_.."'"._-_.,_..""....._.~".<.~.,.,,-->'<,._"'-'".,.,"'--,---,--- October 3,2008 A. Motion for Imposition of Fines: 3. Case # CEPM 20080007331- BCC vs. Dian & June Edwards The County was represented by Investigative Supervisor Kitchell Snow and Property Maintenance Specialist Joe Mucha. The Respondent, Dian Edwards, was present and also represented his wife, June. Violation(s): Collier Co. Code of Laws & Ord, Chap. 22, 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 The Supervisor stated the violations had not been abated and fines continue to accrue. The County requested imposition of Operational Costs in the amount of$118.04, together with fines in the amount of$10,250.00 for the period from August 23,2008 through October 3,2008 (41 days @ $250/day), for a total amount of$10,368.04. The Respondent stated the property was severely damaged by a tenant and was forced to refinance the property to obtain the funds for the extensive repairs ($20,0000). A subsequent tenant was evicted due to non-payment of rent. He stated a new tenant is able to complete the repairs. However, the new tenant is no longer working, cannot pay rent and the Respondent is unable to supply additional materials. The property may go into foreclosure. The Investigator stated the Respondent, while very cooperative, underestimated the amount of time needed to complete the repairs. The Investigator listed the remaining items to be repaired such as: installing a front door on the porch, repairing the porch screens, installing a sliding door from the house to the porch, and demolition of a shed. The Special Magistrate ruled the case would be CONTINUED to December 3, 2008, and the fines would not accrue during the interim period. The Special Magistrate stated if the repairs are not completed as previously outlined, the fines would be reinstated and would become retroactive to the October 3rd Hearing. 10. Case # 2007110155 - BCC vs. Bolomin & Ravmonde Charles The County was represented by Investigative Supervisor Kitchell Snow and Investigator Weldon Walker. The Respondents were also present. Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(B)(3) Commercial vehicle(s) parked/stored in residentially zoned property 10 October 3, 2008 Violation address: 107 White Way, Immokalee 34142 The Supervisor stated the violations had been abated and the Operational Costs were paid. The County requested imposition of fines in the total amount of$1,350.00 for the period from August 26, 2008 through September 22, 2008 (27 days @ $50/day). The Respondent stated he was in Haiti when the Order was issued. When he returned, there was a death in his daughter's family. Due to his own health issues, he was not able to work. He stated he did not remember receiving the Order. The Investigator stated he performed cite visits to the property on four separate dates: 08/13,09/05,9/22 and 09/30. He stated the Respondent told him the bus would be removed and the Investigator discussed the other violations to be corrected. He advised the Respondent to contact him when there was compliance. The Investigator stated he was never contacted. The Respondent, Mrs. Charles, stated the bus was removed on September 17,2008. The Special Magistrate GRANTED the County's Requestfor an Imposition of Fines but reduced the total amount to $500.00 due to mitigating circumstances. 11. Case # 2007110125 - BCC vs. Bolomin & Ravmonde Charles The County was represented by Investigative Supervisor Kitchell Snow and Investigator Weldon Walker. The Respondents were also present. Violation(s): Ord. 05-44, as amended, Sec(s) 6, 7 & 8 Prohibited accumulation of litter Violation address: 107 White Way, Immokalee 34142 The Supervisor stated the violations had not been abated and fines continue to accrue. The Operational Costs were paid. The County requested imposition of fines in the total amount of $3,200.00 for the period from July 31, 2008 through October 3, 2008 (64 days @ $50/day). The Respondent stated he did not own a bicycle. Some of the items previously stored in the bus were left when the bus was removed. There was confusion concerning whether or not the items were considered "litter". The Investigator outlined the various remaining items that were classified as litter, for example, carpeting. The Respondent, Raymonde Charles, stated the old carpet was used to cover wet spots (mud) on the ground. The Respondent, Bolomin Charles, 11 October 3,2008 stated he did not walk around his property due to his health issues. He also thought the items could remain in the back yard. The Investigator stated he had explained to the Respondents that the remaining items of litter were required to be removed from the entire property. The Special Magistrate questioned the Respondents as to why the items had not been removed after the Investigator explained what was and what was not classified as litter. The Special Magistrate GRANTED the County's Requestfor an Imposition of Fines but reduced the total amount to $500.00 provided the litter is completely removed from the property within two weeks. Fines will not accrue during this period and the Order will not be executed until October 17, 2008. The Special Magistrate further ruled the Order will be held until she was notified by Code Enforcement of the status of the property. 12. Case # 2007100770 - BCC vs. Bolomin & Ravmonde Charles The County was represented by Investigative Supervisor Kitchell Snow and Investigator Weldon Walker. The Respondents were also present. Violation(s): LDC 04-41, as amended, Sec. 2.01.00(A) Multiple unlicensed/inoperable vehicles Violation address: 107 White Way, Immokalee 34142 The Supervisor stated the violations had been abated. The County requested imposition of Operational Costs in the amount of$117.34 and fines in the amount of $2,050.00 for the period from August 12, 2008 through September 22,2008 (41 days @ $50/day), for a total amount of$2,167.34. The Respondents stated the vehicles were removed on September 13, 2008. The Special Magistrate GRANTED the County's Requestfor an Imposition of Fines but reduced the total amount to $1,117.34 due to mitigating circumstances. RECESS: 11:34 AM RECONVENED: 12:00 NOON V. PUBLIC HEARINGS 12 October 3, 2008 B. Hearings: 11. Case # PU 4439 - BCC vs. John Downev The Hearing was requested by Collier County Public Utilities Enforcement Investigator Mike Andresky who was present. The Respondent was not present. Violation(s): Ord 2001-73, Sec. 1.4 (6.4) Illegal connection at meter box area. Previous illegal connection on 9-3-08. The connection was terminated by Water Distribution. Violation address: 615 106th Ave., Naples 34108 The Investigator stated this was a second violatioll. The first illegal connection occurred on September 3,2008 and was terminated. He introduced a copy of the "Track & Confirm" report from the U.S. Postal Service website verifying delivery which was marked as County's Exhibit "A" and entered into evidence. He also introduced a photograph of the illegal connection which was marked as County's Exhibit "B" and entered into evidence. The Investigator requested imposition of a fine of $1 ,000.00 since the issue concerned public health, safety and welfare. 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 penalty of $1, 000. 00, together with an administrative fee of $5.00 on or before November 3, 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 November 3, 2008. Total amount owed: $1.055.00 12. Case # PU 4438 - BCC vs. Santa Barbara Garden Villas. LLC The Hearing was requested by Collier County Public Utilities Enforcement Investigator Mike Andresky who was present. The Respondent was not present. Violation(s): Ord. 2005-44, Sec. 9.4 Third Violation: Putrescible waste not containerized in front of Bldg. 116 - Santa Clara Violation address: in front of Santa Clara Building 116 The Investigator stated the Property Manager had been contacted. The Notice was sent via certified mail and proof of delivery (09/25) was confirmed by the U.S. Postal Service. 13 October 3, 2008 Although violation was abated, the Investigator requested imposition of a fine of $500.00 since the issue concerned public health, safety and welfare. The Special Magistrate increased the amount of the fine to $750.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of$750.00, together with an administrativefee of $5. 00 on or before November 3,2008, 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 November 3,2008. Total amount owed: $805.00 20. Case # CEPM 20080000939 - BCC vs. Flozell Jones The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ord. 2004-58, Sec. 16, Sub(s). I (A) -1(C), I(E), leG), 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 case was continued from a previous Hearing. The Investigator stated the Respondent was deceased and her son, Danny Thomas, is the sole heir. The Notice of Hearing was sent via certified mail on September 22,2008. The property and Courthouse were posted on September 23,2008. The Investigator introduced the following items as County Exhibits: . Composite "A" - 19 photographs of the property dated January 24,2008; . Composite "B" - 22 photographs dated March 13, 2008; . Composite "C" - copy of the Notice of Violation and the Non-Residential Inspection Report, and . Composite "D" - 7 photographs dated October 2, 2008. The Exhibits were admitted into evidence. He noted the violations had not been abated, and the property was included on a list of "top" nuisance properties compiled by the Sheriff s Office. 14 October 3,2008 The Special Magistrate stated her ruling would apply to any Heir or Successor in Interest who may acquire title to the property. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either hire a fully licensed General Contractor and obtain all required permits, related inspections and a final Certificate of Completion of the repairs outlined in the Non-Residential Property Maintenance Report on or before November 3,2008, afine of $250. 00 per day will be imposed for each day the violation remains thereafter, OR hire a fully licensed General Contractor and obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion to completely demolish the structure on or before November 3,2008, or afine 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 Respondent was ordered to pay the Operational Costs incurred by Code Enforcemellt during the prosecution of this case in the amount of $118.22 on or before November 3, 2008. If the Respondent has Ilot complied by the deadline, the County is authorized to abate the violation by contractor bid-out to demolish the structure, and assess the costs to the Respondent. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. C. Emergency Case - NONE VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # CEPM 20080003635 - BCC vs. Brian & Svlvia Christopher The County was represented by Investigative Supervisor Kitchell Snow and Investigator Ron Martindale. The Respondents were not present. Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-231, Sub(s).15 Private pool maintenance violation-water in algaed & stagnant condition Violation address: 431 Ibis Way, Naples 34110 The Supervisor stated the violations had not been abated and fines continue to accrue. The County requested imposition of Operational Costs in the sum of $117.34, 15 October 3, 2008 and fines in the amount of$17,250.00 for the period from July 26,2008 through October 3,2008 (69 days @ $250/day), for a total amount of$17,367.34. The Investigator stated the property was posted on September 22, 2008. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of$17,367.34, and notedfines are continuing to accrue. 2. Case # CEPM 20080004191 - BCC vs. Randv A. Shelton The County was represented by Investigative Supervisor Kitchell Snow and Investigator Renald Paul. The Respondent was not present. Violation(s): Collier Co. Code of Laws & Ord, Chap. 22, Article VI, Sec. 22-243 Vacant single family structure with multiple broken windows, doors & locks allowing access to dwelling Violation address: 4400 20th Ave. SW, Naples 34116 The Supervisor stated the violations had not been abated and fines continue to accrue The County requested imposition of Operational Costs in the sum of$257.05 and fines of$16,500.00 for the period from May 10,2008 through July 15,2008 (66 days @ $250/day) for the violation concerning boarding the windows, and $16,750.00 for the period from July 3,2008 through September 8, 2008 (67 days @ $250/day) for the violation concerning repairing the windows, for a total amount of$33,507.05. The Investigator stated he attempted to contact the Registered Agent who was on vacation and the owner did not complete the repairs by the deadline. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of $33,507.05, and fines are contilluing to accrue. 4. Case # CEPM 20080007987 - BCC vs. Jill Weaver & Henrv Tesno The County was represented by Investigative Supervisor Kitchell Snow and Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violation(s): Collier Co. Code of Laws & Ord., Chap. 22, Art. VI, Sec. 22-231, Sub(s). 1,2,3,5,10,11 & 19B Numerous housing violations Violation address: 3132 Van Buren Ave., Naples 34112 The Supervisor stated the violations had been abated by the County. 16 October 3, 2008 The Notice of Hearing was sent via Certified mail on September 22,2008 and the property and Courthouse were posted on September 23,2008. The County requested imposition of Operational Costs in the sum of$258.59 and fines of$20,500.00 for the period from June 12,2008 through July 23,2008 (41 days @ $250/day); a previously imposed civil penalty in the amount of $5,000.00, and reimbursement to the County for abatement in the amount of$4,700.00, for a total amount of$30,458.59. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of $30,458. 59. 5. Case # CEV 20080007718 - BCC vs. Jill J. Weaver- Tesno & Henrv Tesno The County was represented by Investigative Supervisor Kitchell Snow and Investigator Thomas Keegan. The Respondents were not present. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A) Repeat Violation - unlicensedlinoperable vehicle(s) Violation address: 3117 Areca Ave., Naples 34112 The Supervisor stated the violations had been abated by the Respondents and the County only requested imposition of Operational Costs in the sum of$241.29. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of $241.29. 6. Case # CEPM 20080007719 - BCC vs. Henrv Tesno & Jill J. Weaver The County was represented by Investigative Supervisor Kitchell Snow and Investigator Thomas Keegan. The Respondents were not present. Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-231, Subs. 15 Private pool maintenance violation-pool in green, algaed & stagnant condition Violation address: 3117 Areca Ave., Naples 34112 The Supervisor stated the violations had not been abated and fines continue to accrue. The Notice of Hearing was sent via Certified mail on September 22, 2008 and the property and Courthouse were posted on September 23,2008. The County requested imposition of Operational Costs in the sum of$117.87, 17 October 3,2008 and fines in the amount of$17,250.00 for the period from July 26,2008 through October 3,2008 (69 days @ $250/day), for a total amount of$17,367.87. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of$17,367.87, and notedfines are continuing to accrue. The Special Magistrate stated there was no provision in the previous Order for the County to abate the violations. The County moved for authority to abate the violations by contractor bid-out due to the issue of public health, safety and welfare, and requested the Special Magistrate amend the previous Order. All costs for abatement would be assessed to the Respondents. The Special Magistrate GRANTED the County's Motion and stated the previous Order will be amended to allow for the abatement provision and assessment of costs. 8. Case # 2007080696 - BCC vs. Richard Cruce The County was represented by Investigative Supervisor Kitchell Snow and Investigator Jonathan Musse. The Respondent was not present. Violation(s): Collier Co. Ord. 2004-41, as amended, Sec(s) 10.02.06(B)(1)(A), 10.02.06(B)(1)(E) & 1O.02.06(B)(1)(E)(I) Shed built on property without proper Collier Co. permits Violation address: 6101 Taylor Rd. S., Immokalee 34142 The Supervisor stated the violations had not been abated and fines continue to accrue. The property and the Courthouse were posted on September 23, 2008. The County requested imposition of Operational Costs in the sum of$117.43, and fines in the amount of $1,700.00 for the period from September 16, 2008 through October 3,2008 (17 days @ $100/day), for a total amount of$I,817.43. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of$1,817.43, and notedfines are continuing to accrue. 9. Case # CESD 20080003660 - BCC vs. Jose Luis Rosillo The County was represented by Investigative Supervisor Kitchell Snow and Investigator Jonathan Musse. The Respondent was not present. ]8 October 3, 2008 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 Supervisor stated the violations had not been abated and fines continue to accrue. The Notice of Hearing had been sent via Certified Mail and confirmation of delivery was confirmed by the U.S. Postal Service on September 29, 2008. The County requested imposition of Operational Costs in the sum of $117.52, and fines in the amount of$3,100.00 for the period from September 2,2008 through October 3,2008 (31 days @ $100/day), for a total amount of$3,217.52. The Special Magistrate GRANTED the County's Request for an Imposition of Fines in the total amount of$3,217.52, and notedfines are continuing to accrue. 13. Case # CEPM 20080003791 - BCC vs. Flozell SIed2e The County was represented by Investigative Supervisor Kitchell Snow and Property Maintenance Specialist Joe Mucha. The Respondent was not present. Violation(s): Code of Laws & Ord., Chap. 22, Article VI, Sec.22-231, Subs. 1-4,7-11, 12B, 121-12M, 120, 12P, 19A-19D, 20 Rental property with multiple minimum housing violations Violation address: 413 Gaunt St., Immokalee, 34142 The Supervisor stated the violations had not been abated and fines continue to accrue. The property and the Courthouse were posted on September 23,2008. The Investigator stated the Respondent, Flozell Sledge [Jones], was deceased and her son/heir, Danny Thomas, had been advised of the violations concerning the property. The County requested imposition of Operational Costs in the sum of$312.75, and fines of$21,500 for the period from July 9,2008 through October 3, 2008 (86 days @ $250/day) for the violation concerning boarding the windows, and $7,750.00 for the period from September 2,2008 through October 3,2008 (31 days @ $250/day) for the violation regarding repairs/demolition, for a total amount of $29,562.75. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of $29,562.75, and noted fines are continuing to accrue. ]9 October 3,2008 The Investigator stated the County requested authorization from the County Manager to abate the violations as provided in the previous Order. 14. Case # CEPM 20080002951 - BCC vs. Charles Brown The County was represented by Investigative Supervisor Kitchell Snow and Property Maintenance Specialist Joe Mucha. Violation(s): Ord. 2004-58, Sec. 12 Allowing a dangerous & hazardous building to exist on residential property Violation address: 306 Colorado Ave., Immokalee 34142 The Supervisor stated the violations had not been abated and fines continue to accrue. The County requested imposition of Operational Costs in the sum of $320.68, and fines in the amount of$73,000.00 for period from May 10,2008 through October 3, 2008 (146 days @ $500/day), for a total amount of$73,320.68. The Special Magistrate noted the daily penalty of $500.00 was because the building had been declared as dangerous by the Collier County Building Department. The Investigator stated the building was demolished on June 10,2008, but the demolition debris had not been completely removed. The owner was advised of the problem on October 1,2008. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of $73,320.68, and noted fines are continuing to accrue. The Investigator stated if, upon a site inspection, the debris had not been removed, he will advise the County to request authorization from the County Manager to abate the violations as provided in the previous Order. VII. OLD BUSINESS A. Request to forward cases for Foreclosure / Collections: None VIII. CONSENT AGENDA - None IX. REPORTS - None X. NEXT HEARING DATE - October 17,2008 at 9:00 AM The Hearing will be located at 2800 N. Horseshoe Drive in the Community Development and Environmental Services Building in Conference Room 609-610. 20 October 3,2008 There being no further business for the good ofthe County, the Hearing was adjourned by Order of the Special Magistrate at 1 :15 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented _, or as amended _" 2] ---"'--------...--.-"""