CESM Minutes 11/21/2008
November 21,2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, November 21,2008
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
ALSO PRESENT: Marjorie Student-Stirling, Assistant County Attorney
Diane Flagg, Director, Code Enforcement
Kitchell Snow, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRA TE
AGENDA
Date: November 21, 2008 at 9:00 A.M.
Location: Community Development and Environmental Services
2800 North Horseshoe Drive, Naples, Florida, 34104
Conference Room 609-6 I 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL
MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
II. APPROVAL OF AGENDA
A. Hearing rules and regulations
III. APPROVAL OF MINUTES - November 7, 2008
IV. MOTIONS
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 003344
CAB EAST LLC
PARK RANGER MAURICIO ARAQUIST AIN
ORD. SEC. 130-66
FAILURE TO PROPERLY AFFIX STICKER
VIOLA TlON
ADDRESS: BAREFOOT BEACH ACCESS
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PROOl91
FELIX BORGES
PARK RANGER ROBERT MARTIN
ORD. SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLA TlON
ADDRESS: BA YVIEW PARK
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR040936
ROBERT E. WILLIAMS
PARK RANGER KURT ARAQUISTAIN
ORD. SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: BA YVIEW PARK/HAMILTON
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEPM20080011831
CARLA KOLLAR-POGHEN
INVESTlGA TOR MARIO BONO
CODE OF LAWS AND ORD., CHAPTER 22, ARTICLE IV, SEC. 22-231(15)
POOL WATER, GREEN, ALGAED & STAGNANT
69009381907
3600 KENT DR. NAPLES, FL 34112
CESD20080009445
ODET A. MENDEZ
INVESTlGATORE RENALD PAUL
COLLIER CO. LDC 04-41, AS AMENDED, SEC. 10.02.06(B)(I)(A)
GARAGE CONVERSION WITHOUT PERMITS
35880920003
192441 ST ST.SW, NAPLES, FL 34116
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007100480
RUDY MARTINEZ & JESUS CONCEPTION MARTINEZ
INVESTIGATOR WELDON WALKER
ORD. 2005-44, SEC.(S) 6, 7 & 8, AS AMENDED
PROHIBITED ACCUMULATION OF LITTER
00120840904
307 WEEKS TERRACE, IMMOKALEE, FL 34142
2007100446
CAPITAL EDGE, LLC TR.,DESIGNS LAND TR UTD 5/12/06
INVESTlGA TOR ED MORAD
ORD. 2004-41 AS AMENDED, SEC.(S) 5.03.02(A)(2) & 5.03.02(A)(3)
PROPERTY FENCE NOT SOUND CONSTRUCTION & NOT MAINTAINED
36249360009
1797 53RD LN. SW, NAPLES, FL 341 16
200711 0238
JAMES W. JOHNSON
INVESTIGATOR JONATHAN MUSSE
ORD. 05-44, SEe. 6, 7 & 8
ACCUMULATION OF LITTER, CONSISTING OF, BUT NOT LIMITED TO: AN
ABANDONED BOAT, WOOD, TIRES, WINDOWS, ROOFING MATERIALS,
BUCKETS, RUBBER CONES. CANS & YARD DEBRIS
66220080006
403 16TH ST. SE, IMMOKALEE, FL 34142
2
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:
VIOLA TlONS:
FOLIO NO;
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
2007080486
DOUGLAS MENENDEZ & KEVIN R. SWINDERMAN
INVESTIGA TOR RON MARTINDALE
ORD. 04-58, AS AMENDED, SECTION 18
RESIDENTIAL PROPERTY WITH SEVERE FIRE DAMAGE OPEN & UNSECURE
WHICH IS UNLA WFUL & CREATING A PUBLIC NUS lANCE
82535560004
219 JOHNNYCAKE DRIVE NAPLES, FL 34110
2007060709
SHANNA WARD
INVESTIGATOR RON MARTINDALE
ORD. 04-58, AS AMENDED, SEC 12C
FAILURE TO INSTALL PERMANENT ROOFING ON SINGLE FAMILY
DWELLING STRUCTURE
62427280001
728 110TH AVE. N, NAPLES, FL 34108
CEV20080007422
JILL J. WEA VER- TESNO & HENRY TESNO
INVESTIGATOR TOM KEEGAN
COLLIER CO. LDC 04-4 I, AS AMENDED, SEe. 2.0 I.OO(A)
REPEAT VIOLA TlON/ UNLICENSED/INOPERABLE VEHICLE(S)
71800000543
341 I BASIN ST. NAPLES, FL 34112
CENA20080007439
JILL J. WEA VER- TESNO & HENRY TESNO
INVESTIGATOR TOM KEEGAN
CODE OF LAWS & ORD., CHAPTER 54, ARTICLE VI, SECCS).179-181
REPEAT VIOLATION/LITTER
71800000543
3411 BASIN ST NAPLES, FL 34112
2007110459
HENRY TESNO & JILL WEAVER
INV. JOE MUCHA
ORD. 04-58, AS AMENDED, SEC. 6, SUBSECS. 10 & 11
MINIMUM HOUSING
5335272000 I
3069 LUNAR ST., NAPLES, FL 34112
3
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
II.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
2007080938
LINDA HAINES & WILLIAM HAINES
INVESTIGATOR JOE MUCHA
ORD. 04-58, AS AMENDED, SEC. 6, SUB(S). 12B, 12C & 121
PROPERTY MAINTENANCE ISSUES
53352680002
3087 LUNAR ST., NAPLES, FL 341 12
CEPM20080003564
JILL J. WEA VER- TESNO & HENRY TESNO
INVESTIGATOR JOSEPH MUCHA
ORD. 04-58, AS AMENDED, SEC. 6, SUB(S). 1,2,3,4,9,10,11,121, 12K,12L,I3 & 19B
NUMEROUS INTERNAL AND EXTERNAL MINIMUM HOUSING VIOLATIONS
52700120005
3180 VAN BUREN AVE., NAPLES, FL 34112
CEPM20080001391
EDlLBRA Y PEREZ & BELKIS MARTINEZ
INVESTIGATOR JOE MUCHA
CODE OF LAWS AND ORD. SEC.22-23 1(12)(1)
VACANT TRI-PLEX WITH SEVERAL BROKEN WINDOWS, STRUCTURE IS
BEING ACCESSED THROUGH BROKEN WINDOWS
36234240008
5563 17TH AVE. SW, NAPLES, FL 34116
A. Request to forward cases for Foreclosure / Collections
VIII. CONSENT AGENDA
A. Recommendation to approve the Imposition of Liens for owners of record who have failed to pay invoices
resulting from Nuisance Abatement Violation enforcement actions.
IX. REPORTS
X. NEXT MEETING DATE: December 5, 2008 at 9:00 A.M. located at the Community Development and
Environmental Services, 2800 N. Horseshoe Dr., Conference Rooms 609 - 610.
XI. ADJOURN
4
November 21, 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
Ill, APPROVAL OF MINUTES
Sue Chapin, Secretary to the Special Magistrate, proposed the following correction;
Under Item VI(A}, "New Business - Motion for Imposition of Fines, " in Agenda #3,
Case #2007-0000304 - BCC vs. Jill J. Weaver and Henry Tesno, the fines were
changedfrom $59,500 to $58,500.
The Minutes of the Special Magistrate Hearing held on November 7, 2008 were
reviewed by the Special Magistrate and approved as amended,
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:
· Agenda # 2, Case # PR 00191 - BCC vs. Felix Borges
(b) Under Item V(B), "Hearings," the following case was WITHDRAWN by the
County due to payment:
· Agenda # 3, Case # PR 040936 - BCC vs. Robert E. Williams
(c) Under Item V(B), "Hearings," the following case was WITHDRAWN by the
County due to foreclosure status:
· Agenda #4, Case # CEPM 20080011831 - BCC vs. Carla Kollar-Poghen
(d) Under Item VI(A), "Motion for Imposition of Fines," the following case was
withdrawn by the County due to payment and compliance:
· Agenda #1, Case # 2007100480 - BCC vs. Rudy Martinez & Jesus
Conception Martinez
2
November 21, 2008
(e) Under Item VI(A), "Motion for Imposition of Fines," in Agenda #4, Case
# 20070800486 - BCC vs. Douglas Menendez and Kevin R. Swinderman,
Mr. Swinderman's name was removed as a party to the action.
(1) Under Item VIII(A), "Consent Agenda," the County has WITHDRAWN the
recommendation to approve the imposition of liens.
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.
IV. MOTIONS
A. Motion for Continuance: NONE
V. PUBLIC HEARINGS
A. Stipulations: NONE
B. Hearings:
1. Case # PR 003344 - BCC vs. Cab East, LLC
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Mauricio Araquistain was present.
Violation(s): Ord. Sec. 130-66
Failure to properly affix sticker
Violation Address: Barefoot Beach access
The Investigator stated the parking sticker should be placed on the left side of a car's
rear bumper or it is a violation of the County's Ordinance. He introduced a
photograph of the parking sticker, in a plastic bag, which had been placed on the
dashboard.
He stated he had read the Respondent's letter.
The Investigator stated only newly-issued stickers are to be placed inside on the
windshield on the driver's side of the car. The Respondent placed an old sticker in
the area reserved for a new sticker.
The photograph and the letter from the Respondent were marked as County's
Composite Exhibits "A" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s} and ordered to pay a fine of $30. 00, together
3
November 2 I, 2008
with the Operational Costs incurred by Code Enforcement during the prosecution
of this case in the amount of $50. 00 on or before December 21,2008.
Total amount due: $80.00
5, Case # CESD 20080009445 - BCC vs. Odet A. Mendez
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present
Violation(s): Collier Co. LDC 04-41, as amended, Sec. 1O.02.06(B)(l)(A)
Garage conversion without permits
Violation Address: 1924 41st St. SW, Naples, FL 34116
The Investigator introduced the following County exhibits which were marked as
follows and admitted into evidence:
Composite "A" - proof of delivery of Certified Mail from the U.S. Postal Service,
Composite "B" - photographs of the violations at the property, and
Composite "C" - photograph of the Notice of Hearing which was posted at the
property and the Courthouse on November 10, 2008.
The Investigator stated the Respondent informed him that both she and her husband
were unemployed and unable to make any repairs due to financial constraints. He
stated the violations have not been abated and a lis pendens had been filed against the
property by a bank.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain either the required Collier
County permit for the addition to the residence, inspections and a Certificate of
Completion, or to remove the unpermitted addition by obtaining a Collier County
Demolition Permit, with required inspections, and a Certificate of Completion, all
on or before April 21, 2009, 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.
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 Special Magistrate ordered the conversion may not be used for rental purposes,
and if the County discovers it is occupied, the daily fine will begin to accrue
immediately upon discovery.
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 January 21, 2009.
4
November 21, 2008
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s} had been abated.
C. Emergency Cases: NONE
VI. NEW BUSINESS:
A. Motion for Imposition of Fines:
2. Case # 2007100446 - BCC vs. Capital Ed!!e. LLC Tr.. Desi!!ns Land Tr.
UTD 5/12/06
The County was represented by Investigative Supervisor Kitchell Snow.
The Respondents were not present.
Violation(s): Ord. 2004-41, as amended, Sec(s). 5.03.02(A)(2) & 5.03.02(A)(3)
Property fence not sound construction & not maintained
Violation address: 179753rd Ln. SW, Naples, FL 34116
The Supervisor stated the County abated the violations.
The County requested imposition of Operational Costs in the sum of $350.44,
together with fines of $3,900.00 for the period from May 5, 2008 through June 13,
2008 (39 days @$IOO/day), and reimbursement to the County in the sum of$495.00,
for a total amount of$4,745.44.
The Notice of Hearing was posted on November 10, 2008 at the Courthouse and the
property.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$4, 745.44.
3. Case # 2007110238 - BCC vs. James W. Johnson
The County was represented by Investigative Supervisor Kitchell Snow.
The Respondent was not present.
Violations; Ord. 05-44, Sec. 6, 7 & 8
Accumulation of litter, consisting of, but not limited to: an abandoned
boat, wood, tires, windows, roofing materials, buckets, rubber cones,
cans & yard debris
Violation Address: 403 16th St. SE, Immokalee, FL 34142
The Supervisor stated the County abated the violations.
5
November 21, 2008
The County requested imposition of Operational Costs in the sum of$216.09,
together with fines of$3,800.00 for the period from May 10, 2008 through
June 17,2008 (38 days @ $1 OO/day), and reimbursement to the County in the sum of
$1,100.00, for a total amount of$5,116.09.
The Notice of Hearing was posted on November 10,2008 at the Courthouse and the
property.
The Special Magistrate GRANTED the County's Request/or Imposition 0/ Fines
in the total amount 0/$5,116.09.
4, Case # 2007080486 - BCC vs, Dou!!las Menendez & Kevin R. Swinderman
The County was represented by Investigative Supervisor Kitchell Snow.
The Respondent Douglas Menendez, as sole owner of the property, was not present.
Violation(s): Ord. 04-58, as amended, Section 18
Residential property with severe fire damage open and unsecure which
is unlawful and creating a public nusiance
Violation address: 219 Johnnycake Drive, Naples, FL 34110
The Investigator stated the violations have not been abated.
The County requested imposition of Operational Costs in the sum of$117.52,
together with fines for Boarding in the amount of$27,750.00 for the period from
August 2, 2008 through November 21, 2008 (J 11 days @ $250/day), and fines for
Demolition in the amount of $23,500.00 for the period from August 19, 2008 through
November 21,2008 (94 days @ $250/day), for a total amount of$51,367.52.
The Notice of Hearing was posted on November 10,2008 at the Courthouse and the
property.
The Special Magistrate GRANTED the County's Request/or Imposition 0/ Fines
in the total amount 0/$51,367.52, and fines will continue to accrue. The Special
Magistrate noted the County has the option to abate.
5, Case # 2007060709 - BCC vs, Shanna Ward
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Investigator Ron Martindale.
The Respondent was present.
Respondent's husband, Steven Weisman, was also present.
Violation(s): Ord. 04-58, as amended, Sec. 12C
Failure to install permanent roofing on single family dwelling structure
Violation address: 728 1 lOth Ave. N., Naples, FL 34108
6
November 21, 2008
The Supervisor stated the the violations have not been abated as of April 18, 2008.
He also stated the Operational Costs of $225.17 were paid.
The fines had been stayed by a previous Order of the Special Magistrate.
The County requested imposition of fines of $11 ,600.00 for the period from
February 20, 2008 through April 18, 2008 (58 days @ $200/day) and fines continued
to accrue, for a total amount of $11,600.00.
The Hearing of April 18, 2008 had been "Continued." Accruing fines from April 19,
2008 through November 21,2008 at $200 per day for 216 days is $43,200.00. The
total recommended lien amount is $54,800.00.
The Respondent's husband stated the initial damage was caused by Hurricane Wilma.
They are currently involved in litigation with the insurance company and the bank for
non-payment of and non-access to the funds allocated for repairs. When the funds were
finally obtained from the insurance company, the bank refused to sign the insurance
checks. The checks could not be deposited and repairs could not be made. He stated he
and his wife have done everything possible to resolve the situation but the other parties
have refused to cooperate. The house is in foreclosure and will be taken by Wells Fargo
Bank.
The Investigator stated the lis pendens is still on the property.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of $54,800.00 and fines will continue to accrue.
RECESS: 10:25 AM
RECONVENE: 10:38 AM
11. Case # CEPM 20080001391 - BCC vs. Edilbrav Perez & Belkis Martinez
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondent, Belkis Martinez, was present.
Jorge Quinones served as interpreter for the Respondent.
Violation(s): Code of Laws and Ord. Sec. 22-231 (12)(1)
Vacant tri-plex with several broken windows, structure is being
Accessed through broken windows
Violation address: 5563 17th Ave., SW, Naples, FL 34116
The Respondent stated her husband was unable to attend due to his work schedule.
7
November 21,2008
The Supervisor stated the County abated the violations by boarding.
The County requested imposition of Operational Costs in the sum of $270.49,
together with fines of $12,750.00 for the period from April 12, 2008 through June 2,
2008 (51 days @ $250/day) and reimbursement to the County in the amount of
$2,396.65, for a total amount of$15,417.14.
The Investigator stated the violations were repaired by the Respondent after she
acquired the property from the bank.
The Respondent stated she experienced financial difficulties because the two other
apartments were not rented. The bank notified her the property was going into
foreclosure in October, 2006. She moved to Port Charlotte in November, 2006. She
further stated she did not receive a Notice of Violation. In January, 2008, she called
the Sheriffs Department because she wanted to board the property but was told not to
do so because the property was in foreclosure. The bank would not negoitaite with
her until three weeks ago when it agreed to allow her to redeem the property. She
stated Ihe bank will send her the documents by December 1, 2008 and her first
mortgage payment is due on January 1,2009.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of $15,417, 14,
The Special Magistrate ruled if the Respondent and her husband pay their mortgage
for a period of six months, the fines and lien will be forgiven. Proof of each payment
must be provided to Investigator Mucha.
The Operational Costs of$270.49 and abatement costs in the amount of $2,396. 65
must be paid by the Respondent. The total amount is $2,667.14.
The Special Magistrate ruled enforcement of the Order will be stayed until the
December mortgage payment has been made or the bank has determined the date for
her first mortgage payment to be made.
If payment is not made, the full amount of $15,417,14 will be assessed as a lien. The
Investigator will file an Affidavit of Non-Compliance requesting imposition of the
lien.
9. Case # 2007080938 - BCC vs. Linda Haines & Williams Haines
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. 04-58, as amended, Sec. 6, Sub(s). 12B, 12C & 12 I
Property Maintenance issues
Violation address: 3087 Lunar St., Naples, FL 34112
8
November 21,2008
The Investigator stated on November 10, 2008, he met with and hand-delivered the
Notice of Hearing to the Respondent, Linda Haines.
The Supervisor stated the County abated the violations.
The County requested imposition of Operational Costs in the sum of$244.99,
together with fines of $40,500.00 for the period from May 19, 2008 through
October 28,2008 (162 days @ $250/day) and reimbursement to the County in the
amount of$2,904.00, for a total amount of$43,648.99.
The Investigator stated the Respondent said she had continuing health problems and
had been hospitalized several times throughout the year which prevented her from
complying with the Order. She does not have the finances available to repair the
problems.
At the January 18, 2008 Hearing, the Respondent stated:
"... she was aware of the condition of the vacant mobile home but both
she and her son, William Haines, had been hospitalized on several
occasions due to severe medical problems. She stated she lives next
door to the property and that it is fenced. "
On January 18,2008, the Respondents were "... ordered to obtain a Collier County
Demolition Permit, inspections and a Certificate of Completion on or before May 18,
2008, or afine of $250. 00 per day will be imposed for each day the violations remain
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate. "
On September 19,2008, the Respondents filed a Motion for Extension of Time to
Comply which was heard and denied. The Special Magistrate noted the only thing
accomplished by the Respondents was the removal of the siding from the mobile
home which made the situation worse and they have not substantiated their claims
of medical problems by submitting copies of medical bills.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$43, 648. 99.
6. Case # CEV 20080007422 - BCC vs, Jill J. Weaver-Tesno & Henrv Tesno
The County was represented by Investigative Supervisor Kitchell Snow.
The Respondents were not present.
Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A)
Repeat violation: Unlicensed/inoperable vehicle(s)
Violation address: 3411 Basin St., Naples, FL 34112
9
November 21, 2008
The Supervisor stated Ihe County abated the violations.
The Notice of Hearing was posted on November 10, 2008 at the Courthouse and the
property. Notice was also sent via Certified Mail and proof of delivery was received.
The Respondents received a copy of the abatement invoice.
The County requested imposition of Operational Costs in the sum of$247.77,
together with a civil penally of $500.00, in addition to fines of$25,600.00 for the
period from July 8, 2008 through September 10,2008 (64 days @ $200/day x 2
vehicles) and reimbursement to the County in the amount of $250.00, for a total
amount of$26,597.77.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $26,597.77.
7, Case # CENA 20080007439 - BCC vs. Jill J, Weaver- Tesno & Henrv Tesno
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondents were not prcsent.
Violation(s): Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 179-181
Repeat violation: Litter
Violation address: 3411 Basin St., Naples, FL 34112
The Supervisor stated the County abated the violation.
The Notice of Hearing was posted on November 10, 2008 at the Courthouse and the
property. Notice was also sent via Certified Mail and proof of delivery was received.
The Respondents received a copy of the abatement invoice.
The County requested imposition of Operational Costs in the sum of$241.46,
together with a civil penalty of$500.00, in addition to fines of$14,200.00 for the
period from July 8, 2008 through September 17,2008 (71 days @ $200/day) and
reimbursement to the County in the amount of$1,147.50, for a total amount of
$16,088.96.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $16,088.96.
8. Case # 2007110459 - BCC vs. Henrv Tesno & Jill Weaver
The County was represented by Investigative Supervisor Kitchell Snow and
Code Enforcement Property Maintenance Specialist Joe Mucha.
The Respondents were not present.
10
November 21, 2008
Violation(s): Ord. 04-58, as amended, Sec. 6, Subsecs. 10 & 11
Minimum housing
Violation address: 3069 Lunar St., Naples, FL 34112
The Supervisor stated the County abated the violations.
The Notice of Hearing was posted on November 10, 2008 at the Courthouse and the
property. Notice was also sent via Certified Mail and proof of delivery was received.
The Respondents received a copy of the abatement invoice.
The County requested imposition of Operational Costs in the sum of$247.07,
together with a civil penalty of$5,000.00, in addition to fines of $28,500.00 for the
period from December 13,2007 through February 8, 2008 (57 days @ $500/day), a
rental inspection fee of $200.00, and reimbursement to the County in the amount of
$2,178.65, for a total amount of$36, 125.72.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$36,125. 72.
10. Case # CEPM 20080003564 - BCC ys. & Jill J. Weayer-Tesno & Henry
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. 04-58, as amended, Sec. 6, Subsecs. 1,2,3,4,9, 10, 11, 121,
12K, 12L, 13 & 19B
Numerous internal and external minimum housing violations
Violation address: 3180 Van Buren Ave., Naples, FL 34112
The Supervisor stated the County abated the violations.
The Notice of Hearing was posted on November 10,2008 at the Courthouse and the
property. Notice was also sent via Certified Mail and proof of delivery was received.
The Respondents received a copy of the abatement invoice.
The County requested imposition of Operational Costs in the sum of$271.25,
together with a civil penalty of $5,000.00, in addition to fines of $68,500.00 for the
period from May 24, 2008 through October 8, 2008 (137 days @ $500/day), and
reimbursement to the County in the amount of $2,629.00, for a total of $76,400.25.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of$76,400.25.
11
November 21, 2008
VII. OLD BUSINESS:
A. Request to forward cases for Foreclosure - Collections: NONE
VIII. CONSENT AGENDA:
A. Recommendation to approve the Imposition of Liens for owners of record who
have failed to pay invoices resulting from Nuisance Abatement Violation
enforcement actions.
The County withdrew recommendation to approve the imposition of liens.
IX. REPORTS:
Diane Flagg, Director, Code Enforcement, thanked Marlene Stewart for the great
work she has done for the Office of the Special Magistrate. Ms. Stewart has accepted a
position in the Code Enforcement Citation Office.
The Special Magistrate thanked Ms. Stewart for her commitment, cheerful attitude and
helpfulness.
She also introduced Marjorie Student-Stirling as the Assistant County Attorney
representing the County and Diane Flagg as the new Director of Code Enforcement.
X. NEXT HEARING DATE - December 5,2008 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.
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11 :45 AM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented _' or as amended_.
12