CESM Minutes 11/07/2008
November 7,2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, November 7, 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 Conference Room #610 of the Collier
County Community Development and Environmental Services Building, located at
2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
STAFF PRESENT:
Marjorie Student-Stirling, Assistant County Attorney
Kitchell Snow, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: November 7, 2008 at 9:00 A.M.
Location: Community Development and Environmental Services
2800 North Horseshoe Drive, Naples. Florida, 34104
Conference Room 609-6] 0
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 ]S MADE, WHICH RECORD ]NCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL
MAGISTRATE SHALL BE RESPONSIBLE FOR PROVID]NG THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - October 17, 2008
IV. MOTIONS
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SOl05431
ELIZABETH JENNINGS
OFF]CER B]LL HEMS
ORD. SEC. 130-67
PARKING ]N A HANDICAPPED SPACE
VIOLA TION
ADDRESS: PARKWAY PLAZA - KMART
FOLIO NO:
VIOLATION
ADDRESS:
CEV20080011541
JACQUELIN & SARILIA FRANCOIS
INVEST]GA TOR RENALD PAUL
COLLIER CO. LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SEC.4.05.03(A)
PARKING VEHICLE(S) ON THE GRASS IN RESIDENTIAL AREA
36118720000
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4956 18TH AVE. SW NAPLES, 34116
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
V]OLATION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
V]OLATION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20080008925
LOUIS A. BERKEL
INVEST]GATOR RENALD PAUL
COLLIER CO. LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SEC.2.01.00(B)(3)
COMMERCIAL VEHICLE PARKED IN FRONT OF RESIDENTIAL PROPERTY
35764680003
1780 43RD TERRACE SW, NAPLES, 34116
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
CEPM20080010296
TRIBECA LENDING CORPORATION
C/O CORPORATION SERVICE COMPANY
INVESTIGATOR JONATHAN MUSSE
CODE OF LAWS & ORD., CHAP. 22, ARTICLE VI, SEC.22-23](]5)
POOL ]S STAGNANT AND NOT MAINTAINED
6271 ]080001
776 92ND AVE. N. NAPLES 34] 08
CESD20080009498
WALLACE R. PARKER, TR., STEVE H. PARKER, TR., & WALLACE
PARKER TR., UTD 8-2-96
INVESTIGATOR JONATHAN MUSSE
COLLIER CO. LAND DEVELOPMENT CODE 2004-41, AS AMENDED,
SEC(S).I 0.02.06(B)( I )(A), I 0.02.06(B)(] )(E) & ] 0.02.06(B)( I )(E)(I)
SHED BUILT WITHOUT OBTAINING PROPER COLLIER CO. PERMITS
24533040004
85 7TH ST. BONITA SHORES, 34134
2
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10.
CASE NO:
OWNER:
OFFICER:
V]OLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20080009496
WALLACE R. PARKER, TR., STEVE H. PARKER, TR., & WALLACE
PARKER TR., UTD 8-2-96
]NVESTIGA TOR JONATHAN MUSSE
FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO.,
SEC 105.1
CONSTRUCTED A WOODEN FENCE WITHOUT FIRST OBT AIN]NG PROPER
COLLIER CO. PERMITS
24533040004
85 7TH ST. BON]TA SHORES, 34]34
CENA20080009497
WALLACE R. PARKER, TR., STEVE H. PARKER, TR., & WALLACE
PARKER TR., UTD 8-2-96
]NVEST]GA TOR JONATHAN MUSSE
CODE OF LAWS & ORD., CHAP. 54, ARTICLE VI, SEC. 54-181
LITTER CONSISTING OF BUT NOT LIMITED TO, FOLDED TABLE, COOLERS,
WOOD, ROAD CONE, RUGS, BROKEN TILE, PLASTICS, BUCKETS, ETC.
24533040005
85 7TH ST. BONITA SHORES, 34134
CEPM20080005933
CAROLINA M. ALVAREZ
INVESTIGATOR JOHN SANT AFEMIA
ORD. 2004-58, AS AMENDED, SEC. 6, SUB(S). 1,5,8,9,] ],12D,]2I,]2J,19C &20
NUMEROUS MINIMUM HOUSING VIOLATIONS
62425560008
724 ]09TH AVE. N.NAPLES, 34108
CERR20080006426
CAROLINA M. ALVAREZ
INVESTIGATOR JOHN SANT AFEM]A
ORD. 2004-58, AS AMENDED, SEC.7(2)
RESIDENTIALLY ZONED DUPLEX BEING USED AS RENTAL PROPERTY
WITHOUT OBTAINING RENTAL REGISTRATION CERTIFICATE
6245560008
724 ]09TH AVE. N.NAPLES, 34108
3
]1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
V]OLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEPM20080008511
ZONIA BARGINER
INVESTIGATOR JOE MUCHA
CODE OF LAWS & ORD., CHAP. 22, ARTICLE VI, SEC. 22-231,
SUB(S). ],4,5,8, I2B,I2C,]2L, 12M,]9 & 20
SINGLE FAMILY HOME DIVIDED INTO FOUR SEPARATE UNITS, DUE TO
SUBDIVISION, SEVERAL MINIMUM HOUSING V]OLATIONS EXIST, TO
INCLUDE FIRE HAZARDS CREATED BY HAVING INGRESSIEGRESS DOORS
LOCKED, ETC.
22670800003
4630 LOMBARDY LANE, NAPLES 34]]2
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3.
CASE NO:
OWNER:
OFF]CER:
VIOLATIONS:
FOLIO NO;
V]OLATION
ADDRESS:
CEPM20080008890
JILL J. WEAVER & HENRY TESNO
INVEST]GATOR TOM KEEGAN
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE V], SEC.22-23I , SUBS. 9, 12B,
12F, I2H, 12G, 121, 12K & 12N
REPEAT VIOLA TION-MIN]MUM HOUSING VIOLATIONS
52700600004
3072 V AN BUREN AVE. 34] 12
CEPM20080003036
ETHEL KINSER
INVESTIGATOR JOE MUCHA
CODE OF LA WS & ORD., CHAPTER 22, ARTICLE VI, SEC.22-231, SUBS. ]2B,
]2R, 121, & ]9
ABANDONED MOB]LE HOME ]N DEPLORABLE & HAZARDOUS CONDITION
00741080305
160 KATHY LANE 34112
20070000304
JILL WEAVER AND HENRY TESNO
INVEST]GA TOR JOE MUCHA
ORD. 2004-58, SECTION 6, SUBSECTIONS(S) 2
MOBILE HOME BEING OCCUPIED WITHOUT WATER & ELECTRIC
52700560005
3080 VAN BUREN ST.34112
4
4.
CASE NO:
OWNER:
OFF]CER:
VIOLATIONS:
FOLIO NO;
VIOLA TION
ADDRESS:
VII. OLD BUSINESS
2007080695
RICHARD K. CRUCE
]NVESTIGA TOR JONATHAN MUSSE
FLORIDA BU]LDlNG 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
610] TAYLOR RD. S IMMOKALEE 34142
A. Request to forward cases for Foreclosure / Collections
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: November 21, 2008 at 9:00 A.M. located at the Community Development and
Environmental Services, 2800 N. Horseshoe Dr., Conference Rooms 609 - 610.
XI. ADJOURN
5
November 7, 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: 9:15 AM
RECONVENED: 9:30 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 # 11, Case #CEPM 20080008511 - BCC vs. Zonia Barginer
(b) Under Item V(B), "Hearings," the Folio Numbers were corrected in the
following cases:
. Agenda # 6, Case #CESD 20080009498 - BCC vs. Parker, the correct Folio
Number is 24533040005
. Agenda #7 - Case #CESA 20080009496 - BCC vs. Parker, the correct Folio
Number is 24533040005
(c) Under Item XIII, "Consent Agenda," there will be a recommendation to approve
the imposition of liens for owners of record who failed to pay invoices resulting
from Nuisance Abatement violation actions.
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 October 17,2008 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Continuance: NONE
2
November 7,2008
V. PUBLIC HEARINGS
A. Stipulations:
3. Case #CEV 20080008925 - BCC vs. Louis A. Berkel
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)(3)
Commercial vehicle parked in front of residential property
Violation Address: 1780 43rd Terrace SW, Naples, 34116
A Stipulation was entered into by the Respondent on November 6, 2008.
The Investigator stated the violation has been abated and the Respondent agreed
to pay the Operational Costs.
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 $117.43 on or before
December 7, 2008.
2 Case #CEV 20080011541- BCC vs. JacQuelin & Sarilia Francois
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent, Sarilia Francois, was present.
Gabriel Francois served as translator for his mother.
Violation(s): Collier Co. Land Development Code 04-41, as amended, Sec.4.05.03(A)
Parking vehicle(s) on the grass in residential area
Violation Address: 4956 18th Ave. SW, Naples, 34116
A Stipulation was entered into by the Respondent, Sarilia Francois, on November 7,
2008.
(The Respondent stated she is divorced from Jacquelin Francois and is the sole owner
of the property.)
The Investigator stated the Notice of Hearing was posted at the property and the
Courthouse, as well as sent via Certified Mail. Verification of delivery was provided
by the U.S. Postal Service.
3
November 7, 2008
Finding the Notice of Hearing was properly served, the Respondent was fou/ld
GUlL TY of the alleged violation(s) and ordered to remove the vehicles from the
fro/lt yard and to park the vehicles on a stabilized pervious or imperviously treated
surface on or before November 10,2008, or afi/le of $50. 00 per day per vehicle will
be imposed for each day the violatio/l remai/ls thereafter, u/lless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has /lot complied by the deadli/le, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs i/lcurred by Code
Enforceme/lt duri/lg the prosecution of this case in the amOU/lt of $117.43 on or
before December 7, 2008.
The Respondent is to notify the I/lvestigator within 24 hours of a workday to CO/lcur
the violation(s) had bee/l abated.
V. PUBLIC HEARINGS
B. Hearings:
1. Case #SO 105431- BCC vs. Elizabeth Jennin2s
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Department Officer David Butler appeared on behalf of
Officer Bill Hems who could not attend.
The Respondent's father, Oscar Molinet, was also present.
Violation(s): Ord. Sec. 130-67
Parking in a Handicapped space
Violation Address: Parkway Plaza - Kmart
The Respondent's address is 14895 Mystic Lake Circle, Apt. #7102, Naples, Florida
34119.
The Respondent stated she had taken her parents shopping and placed her father's
handicapped placard on the rear view mirror of her car. It had apparently fallen off
the mirror. She produced her father's handicapped parking permit.
Cpl. Butler examined the permit and stated it appeared to be in order.
The Special Magistrate assessed a fine of $5. 00 for failure to adequately display the
Handicapped parking placard.
4. Case #CEPM 20080006785 - BCC vs. Melissa Spencer
The Hearing was requested by Collier County Code Enforcement Investigator
Michelle Scavone who was present.
The Respondent was not present.
4
November 7,2008
Allyn Blair appeared on behalf of the Respondent
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
Mr. Blair produced written authorization from the Respondent [signed as: Melissa
Spencer, nJk/aRunion] which was marked as Respondent's Exhibit "A" and admitted
into evidence.
The Investigator introduced six photographs which were marked as County's
Composite Exhibits "A" (dated February 6,2008) and "BOO (dated November 6,2008)
and were admitted into evidence. Admitted as County's Composition Exhibit "COO
was a Demolition Permit Application.
The Special Magistrate stated the Respondent sent a Motion to Stay to her office.
The Special Magistrate stated she did not have the authority to rule on the Motion
since the case had not been brought before her, and the Request for a Motion to Stay
should have been directed to the County.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violatioll(s) and ordered to obtaill a Collier County Demolition
Permit with all required illspections, remove any debris, and a Certificate of
Completion, 011 or before November 20, 2008, or afille of $100.00 per day will be
imposed for each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs illcurred by Code
Enforcement during the prosecution of this case ill the amount of $117.87011
or before December 7, 2008.
The Respondent is to notify the Illvestigator within 24 hours of a workday to
concur the violation(s) had beell abated.
The Special Magistrate stated the Respondent could file an appropriate Motion for
Extension of Time only if there were a delay in the process beyond the control of the
Respondent. The Special Magistrate stressed the Motion could be filed only in the
case of an "extreme hardship. "
5. Case #CEPM 20080010296 - BCC vs. Tribeca Lendinl! Corporation c/o
Corporation Service Company
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
5
November 7, 2008
The Respondent was not present.
Bonnie O'Neill, ReMax Realty's listing agent, was present as an interested party.
Violation(s): Code of Laws & Ord., Chap. 22, Article VI, Sec.22-231(l5)
Pool is stagnant and not maintained
Violation Address: 776 92nd Ave. N., Naples 34108
Ms. O'Neill stated her office address was 7910 Summerlin Lakes Drive, Fort Myers,
Florida 33907, and appeared as a representative only of ReMax Realty and not the
Respondent. She found the Notice attached to the front door of the property.
The Investigator introduced a photograph which was marked as County's Exhibit "A"
and entered into evidence.
The Notice of Hearing was sent via Certified Mail on October 27,2008 to the
Registered Agent. Proof of delivery was provided by the U.S. Postal Service.
Ms. O'Neill stated she is the listing agent for the property and has hired a pool
cleaning company to remedy the pool's condition. It was her understanding the pool
company was investigating whether or not a permit was required before work could
begin.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to completely drain and clean the
pool, and to keep it clean and free of mold, litter and/or debris, and to replace the
pool pump on or before November 21,2008, or afine 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.
If the Respondent lias not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
lfnecessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.69 on
or before December 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to
concur tile violation(s) had been abated.
RECESS: 10:45 AM
RECONVENED: 11 :15 AM
V. PUBLIC HEARINGS
B Hearings:
6. Case #CESD 20080009498 - BCC vs. Wallace R. Parker. Tr.. Steve H.
Parker, Tr., & Wallace Parker Tr., UTD 8-2-96
6
November 7,2008
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondents were not present.
The Respondents' son, Brent Parker, was present earlier but left [due to a family
emergency] before the case could be heard.
Violation(s): Collier CO.Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)(l)(A), 1O.02.06(B)(l)(E) & 1O.02.06(B)(I)(E)(I)
Shed built without obtaining proper Collier Co. permits
Violation Address: 85 7th St., Bonita Shores, 34134
The Notice of Hearing was sent via Certified Mail on October 23,2008, and the
property and the Courthouse were posted on October 27,2008.
The Investigator introduced one photograph which was marked as County's Exhibit
"A" and admitted into evidence.
The Investigator stated he spoke to the Respondent's son on November 3cd who
informed him that his father was very ill.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s} and were ordered to obtain the required Collier
County permit for the addition to the residence, inspections and a Certificate of
Completion, OR remove the unpermitted addition by obtaining a Collier County
Demolition Permit, with required inspections, and a Certificate ofCompletioll, all
on or before December 7, 2008, or afille of $50. 00 per day will be imposedfor each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case ill the amount of $117.69011
or before December 7, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s} had been abated.
7. Case #CESD 20080009496 - BCC vs. Wallace R. Parker, Tr., Steve H.
Parker, Tr., & Wallace Parker Tr., UTD 8-2-96
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondents were not present.
The Respondents' son, Brent Parker, was present earlier but left [due to a family
emergency] before the case could be heard.
7
November 7,2008
Violation(s): Florida Building Code, 2004 Edition, as adopted by Collier Co.,
Secl05.l
Constructed a wooden fence without first obtaining proper Collier Co.
permits
Violation Address: 85 7th St., Bonita Shores, 34134
The Notice of Hearing was sent via Certified Mail on October 23,2008 and the
property and the Courthouse were posted on October 27,2008.
The Investigator introduced one page of photographs which was marked as County's
Exhibit "A" and admitted into evidence.
The Investigator stated he spoke to the Respondent's son on November 3'd who
informed him that his father was very ill.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s} and were ordered to obtain the required Collier
County permit for the fence, inspections and a Certificate of Completion, OR remove
the fence by obtaining a Collier County Demolition Permit, with required inspections,
and a Certificate of Completion, all on or before December 7, 2008, or afine of $50. 00
per day will be imposed for each day the violation remains thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents have IlOt 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$117.60 on
or before December 7, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s} had been abated.
8. Case # CENA 20080009497 - BCC vs. Wallace R. Parker, Tr., Steve H.
Parker, Tr" & Wallace Parker Tr" UTD 8-2-96
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondents were not present.
The Respondents' son, Brent Parker, was present earlier but left [due to a family
emergency] before the case could be heard.
Violation(s): Code of Laws & Ord., Chap. 54, Article VI, Sec. 54-] 81
Litter consisting of but not limited to, folded table, coolers, wood, road
cone, rugs, broken tile, plastics, buckets, etc.
Violation Address: 85 7th St., Bonita Shores, 34134
The Notice of Hearing was sent via Certified Mail on October 23,2008 and the
property and the Courthouse were posted on October 27,2008.
8
November 7, 2008
The Investigator introduced seven pages of photographs which were marked as
County's Composite Exhibit "A" and admitted into evidence. As of October 31", the
violation had not been completely abated since some debris still remained.
The Investigator stated he spoke to the Respondent's son on November 3cd who
informed him that his father was very ill.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to remove the litter to an
appropriate disposal facility or to store the derelict property in a completely enclosed
structure on or before November 14,2008, or afine of$JOO.OO 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.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecutioll of this case in the amount of $117.43 on
or before December 7, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
COil cur the violatioll(s) had been abated.
9. Case # CEPM 20080005933 - BCC vs. Carolina M. Alvarez
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent was not present.
Violation(s): Ord. 2004-5S, as amended, Sec. 6, Sub(s). 1,5, S, 9, II, l2D, 121, l2J,
19C & 20
Numerous minimum housing violations
Violation Address: 7241 09th Ave. N. Naples, 34l0S
The Investigator stated the Notice of Violation was posted at the Courthouse and the
property on September S, 200S. The Notice of Hearing was sent via Certified Mail
on October 23, 200S and return receipt was received. The Courthouse and the
property were posted on October 2S, 200S.
The Investigator introduced a copy of a fax which was marked as County's Exhibit
"A" and eleven photographs which were marked as County's Composite Exhibit "BOO,
and admitted into evidence.
On May 2,2008, the Investigator faxed a copy of the Residential Property
Maintenance Inspection Report dated April 23, 200S to the Respondent's husband,
Ricardo Ramero. Since the tenant would not allow Mr. Ramero access to the
property, the Investigator granted an extension of time to comply.
9
November 7, 2008
The property is now vacant and the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to completely correct all violations
cited on the Residential Property Maintenance Inspection Report on or before
November 14, 2008, or ajine of $250. 00 per day will be imposed for each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $118. 13 on
or before December 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
10. Case # CERR 20080006426 - BCC vs. Carolina M. Alvarez
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent was not present.
Violation(s): Ord. 2004-58, as amended, Sec.7(2)
Residentially zoned duplex being used as rental property without
obtaining rental registration certificate
Violation Address: 724 109th Ave. N. Naples, 34108
The Investigator stated the Notice of Violation was posted at the Courthouse and the
property on September 8, 2008. The Notice of Hearing was sent via Certified Mail
on October 23, 2008 and return receipt was received. The Courthouse and the
property were posted on October 28,2008.
The Investigator introduced a fax of the rental registration form which was marked as
County's Exhibit "A" and a photograph of the property which was marked as
County's Exhibit "B" and admitted into evidence.
The Investigator faxed a copy of the rental registration application form to the
Respondent's husband on July 23,2008. To date, the property had not been
registered.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to register the property as rental
property with Collier County and obtain a valid Registration Certificate, pay all
penalties,jines and/or late fees on or before November 14, 2008, or ajine of$25.00
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
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November 7, 2008
Enforcement duri1lg the prosecution of this case in the amOU1lt of $117.52 on
or before December 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violatio1l(s) had been abated.
C. Emergency Cases: NONE
VI. NEW BUSINESS:
A. Motion for Imposition of Fines:
1. Case # CEPM 20080008890 - BCC vs. Jill J. Weaver & Henrv Tesno
The County was represented by Investigative Supervisor Kitchell Snow.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-23I, Sub(s). 9,
l2B, l2F, 12H, 12G, 121, 12K & 12N
Repeat Violation-Minimum housing violations
Violation address: 3072 Van Buren Ave., 34112
The Notice of Hearing was posted at the Courthouse and the property on October 28,
2008.
The Supervisor stated the County abated the violations.
The County requested imposition of Operational Costs in the sum of $118.04,
together with fines of$39,500.00 for the period from July 26,2008 through
October 13,2008 (79 days @ $500/day) and reimbursement to the County for
abatement in the amount of$2,629.00, for a total amount of$42, 247.04.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of $42,247.04.
2. Case # CEPM 20080003036 - BCC vs. Ethel Kinser
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondent was not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-231, Sub(s).
l2B, l2R, 121, & 19
Abandoned mobile home in deplorable & hazardous condition
Violation address: 160 Kathy Lane, 34112
The property and the Courthouse were posted on October 23,2008.
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November 7,2008
The Investigator stated the owner died and he received a letter from the survivors of
the Decedent disclaiming any ownership in the property. No probate proceeding has
begun.
The Supervisor stated the County abated the violations.
The County requested imposition of Operational Costs in the sum of$117.87,
together reimbursement to the County for abatement in the amount of$2,349.00, for a
total amount of$2,466.87.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of $2,466. 87.
3. Case # 20070000304 - BCC vs. Jill J. Weaver & Henrv Tesno
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondents were not present.
Violation(s): Ord. 2004-58, Section 6, Subsections(s) 2
Mobile home being occupied without water & electric
Violation address: 3080 Van Buren Ave., 34112
The Notice of Hearing was posted at the Courthouse and the property on October 28,
2008.
The Supervisor stated the County abated the violations.
The County requested imposition of Operational Costs in the sum of$243.60,
together with a civil penalty in the amount of$5,000.00, fines of$59,500.00 for the
period from March 15,2008 through July 10, 2008 (117 days @ $500/day) and
reimbursement to the County for abatement in thc amount of$3,720.00, for a total
amount of$67, 463.60.
The Special Magistrate noted her previous Order involved only Ms. Weaver and that
Mr. Tesno was not a party to the action.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of $67,463.60.
4. Case # 2007080695 - BCC vs. Richard K. Cruce
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Specialist Jonathan Musse.
The Respondent was not present.
Violation(s): Florida Building Code, 2004 Edition, as adopted by Collier Co.,
Sec 105.1
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November 7,2008
Fence erected on agriculturally zoned property without obtaining
Collier Co. permits
Violation address: 6101 Taylor Rd. S., lmmokalee, 34142
The Supervisor stated the violation has not been abated.
The Notice of Hearing was posted at the Courthouse and the property on October 27,
2008.
The County requested imposition of Operational Costs in the sum of$117.52,
together with fines of$3,200.00 for the period from October 6, 2008 through
November 7, 2008 (32 days @ $IOO/day) for a total amount of$3, 317.52.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$3,317.52, and notedfines will continue to accrue.
VII. OLD BUSINESS:
A. Request to forward cases for Foreclosure/Collections: NONE
RECESS: 12:15 PM
RECONVENE: 12:27 PM
VIII. CONSENT AGENDA:
The County withdrew recommendation for approval.
IX. REPORTS: NONE
X. NEXT HEARING DATE - November 21,2008 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.
*****
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November 7, 2008
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:30 PM.
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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