CESM Minutes 12/05/2008
December 5, 2008
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, December 5,2008
LET IT BE REMEMBERED that the Collier County Special Magistrate, in and
for the County of Collier having conducted business herein, met on this date at 9:00 AM
in REGULAR SESSION in 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:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
ALSO PRESENT:
Marjorie Student-Stirling, Assistant County Attorney
Jennifer Waldron, Code Enforcement Specialist
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: December 5, 2008 at 9:00 A.M.
Location: Community Development and Environmental Services
2800 North Horseshoe Drive, Naples, Florida, 34104
Conference Room 609-610
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 - November 21, 2008
IV. MOTIONS
A. Request for Abatement of Fines
1.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007070693
JEFFREY & CLAUDIA KONKUS
INVESTIGATOR PATRICK BALDWIN
ORD. 2004-58, SEC. 6, SUBS. 15
POOL IS BLACK, ALGAE FILLED & STAGNANT
51978010003
15073 TOPSAIL CT.NAPLES, FL 34119
SO 149310
MARIE C. LOUIS
DEPUTY ROBERT HUGHES
ORD. SEC. 130-66
PARKING IN FIRE LANE
VIOLATION
ADDRESS: 4849 GOLDEN GATE PARKWAY-WINN DIXIE
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR 041089
JUSTIN KACZMAREK
PARK RANGER SHERMAN BURR
ORD. SEC. 130-66
PARKING-METER EXPIRED
VIOLA nON
ADDRESS: V ANDERBILT BEACH-METERS
3. CASE NO: PR 003269
OWNER: LARRY HERSHEY
OFFICER: PARK RANGER CINDE KA VIN
VIOLAnONS: ORD. SEe. 130-66
FAILURE TO PROPERLY AFFIX BEACH STICKER
VIOLATION
ADDRESS: BAREFOOT ACCESS
4. CASE NO: PU 4425
OWNER: THOMAS MARINE CONSTRUCTION INC.
OFFICER: INVESTIGATOR GEORGE CASCIO
VIOLATIONS: ORD. 2001-73 SEC. 1.4(N)
UN LA WFUL CONNEcnON TO A COUNTY WATER SUPPLY
FOLIO NO: 00156760207
VIOLA nON
ADDRESS: NO SITE ADDRESS
5. CASE NO: PU 4426
OWNER: LAGUNA BAY ASSOCIATES, LLC C/O LACEY STEVISON
OFFICER: INVESnGA TOR GEORGE CASCIO
VIOLA TIONS: ORD. 2005-44, SEC. 9.1
UNLA WFUL ACCUMULA nON OF LITTER. SPILLAGE & OVERFLOW
AROUND CONTAINERS IN ENCLOSURES, HEALTH SAFETY & WELFARE
ISSUE
FOLIO NO: 55264710028
VIOLAnON
ADDRESS: NO SITE ADDRESS - COMMON AREA
6. CASE NO: PU 4427
OWNER: NOV AST AR MORTGAGE C/O SAXON MORTGAGE
OFFICER: INVESTGATOR GEORGE CASCIO
VIOLAnONS: ORD. 2005-44, SEe. I9.C.6
Y ARDW ASTE CURBSIDE MORE THAN 24 HOURS BEFORE SCHEDULED PICK
UP
FOLIO NO: 6272800007
VIOLAnON
ADDRESS: 744 94TH AVE. N.
7. CASE NO: PU 4453
OWNER: NOV AST AR MORTGAGE C/O SAXON MORTGAGE
OFFICER: INVESTIGATOR GEORGE CASCIO
VIOLA nONS: ORD. 2005-54, SEC. 19.e.12
Y ARDW ASTE IS NOT PROPERLY PREPARED CURBSIDE FOR COLLECTION
FOLIO NO: 6272800007
VIOLA nON
ADDRESS: 744 94TH AVE. N.
C. Emergency Cases:
2
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLA nONS:
FOLIO NO:
VIOLAnON
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLAnONS:
FOLIO NO:
VIOLATION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLATIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLATIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
CEPM 20080003523
JILL WEAVER & HENRY TESNO
INVESTIGATOR TOM KEEGAN
CODE OF LAWS AND ORD., ARTICLE VI, SEC. 22-231, SUB(S).
2,9,11,12B,12F,12G,12H,121,12K,12L,12N & 19B
NUMEROUS INTERNAL & EXTERNAL MINIMUM HOUSING VIOLATION
52700320009
3140 VAN BUREN AVE., NAPLES, FL 341 12
2006100088
JILL J. WEAVER
INVESnGATOR TOM KEEGAN
ORD. 2005-44, AS AMENDED, SEC. 7
LITTER
22624160003
4620 ACADIA LANE, NAPLES, FL 34112
2006070466
JILL WEAVER & HENRY TESNO
INVESnGATOR HEINZ BOX
ORD. 04-41, AS AMENDED, SEe. 4.05.03(A)
VEHICLES PARKED IN FRONT YARD
71800000527
3117 ARECA AVE., NAPLES, FL 34112
2006070464
JILL WEAVER & HENRY TESNO
INVESTIGA TOR HEINZ BOX
ORD. 04-41, AS AMENDED, SEC. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES
71800000527
3117 ARECA AVE., NAPLES, FL 34112
2007110125
BOLOMIN & RA YMONDE CHARLES
INVESnGATOR WELDON WALKER
ORD. 05-44, AS AMENDED, SEC(S) 6. 7 & 8
PROHIBITED ACCUMULATION OF LITTER
35540360000
107 WHITE WAY, IMMOKALEE, FL 34142
3
6.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLAnONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
ORIGINAL
VIOLA nONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CENA20080007121
THOMAS L. & JACQUELINE WOOD, JR.
INVESnGA TOR CRISTINA PEREZ
CODE OF LAWS & ORD., CHAPTER 54, ARnCLE VI, SEe.54-179 & 54-181
LITTER CONSISnNG OF, BUT NOT LIMITED TO, AUTO PARTS, TIRES,
WOOD, BUCKETS, METAL, ETC.
01134801705
228 BROCKINGTON DR., COPELAND, FL 34137
CENA20080008113
FELIPE & ISABEL C. RAMIREZ
INVESnGA TOR JOE GIANNONE
CODE OF LAWS & ORD.,CHAPTER 54, ARnCLE VI. SEC(S). 54-179 & 54-181
LITTER CONSISTING OF, BUT NOT LIMITED TO, TIRES, BUCKETS,
BUILDING MATERIAL. BLOCKS, WEEDS, PLASTIC, PIPES, METAL, GENERAL
LITTER, ETe.
00071120003
3503 WESTCLOX ST., IMMOKALEE, FL 34142
CESDZ0080007341
MARIE LAFRANCE
INVESTIGATOR RENALD PAUL
CODE OF LAWS & ORD., CHAPTER 22, ARTICLE 11, SEC. 22-26(B) & FLORIDA
BUILDING CODE, 2004 EDlnON, AS ADOPTED BY COLLIER CO., SEC.
104.5.1.4
PERMITS WERE APPLIED FOR KITCHEN ADDlnON & FRAME STORAGE
SHED BUT OWNER DID NOT OBTAIN CERTIFICATE OF COMPLETION
36312800001
235 I 51 ST TERRACE NAPLES, FL 34 116
A. Request to forward cases for Foreclosure I Collectious
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: January 12,2009 at 9:00 A.M. located at the Community Development and
Environmental Services, 2800 N. Horseshoe Dr., Conference Rooms 609 - 610.
XI. ADJOURN
4
December 5, 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: 9:12 AM
RECONVENED: 9:25 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Specialist, proposed the following changes:
(a) Under Item V(B), "Hearings," the name of the Deputy Sheriff was corrected
to Pam Hughes.
(b) Under Item V(B), "Hearings," the following cases were DISMISSED by the County due
to compliance:
. Agenda # 2, Case # PR 041089 - BCC vs. Justin Kaczmarek
. Agenda # 3, Case # PR 003269 - BCC vs. Larry Hershey
(c) Under Item V(B), "Hearings," the following case was DISMISSED by the
County due to incorrect folio information:
. Agenda # 4, Case # PU 4425 - BCC vs. Thomas Marine Construction Inc.
(d) Under Item V(B), "Hearings," the following cases were DISMISSED by the
County due to property sales:
. Agenda # 6, Case # PU 4427 - BCC vs. Novastar Mortgage c/o Saxon Mortgage
. Agenda #7, Case # PU 4453 - BCC vs. Novastar Mortgage c/o Saxon Mortgage
(e) Under Item VI(A), "Motion for Imposition of Fines," the following cases were
DISMISSED by the County due to Bankruptcy proceedings:
. Agenda # 1, Case # CEPM 20080003523 - BCC vs. Jill Weaver & Henry Tesno
. Agenda # 2, Case # 2006100088 - BCC vs. Jill J. Weaver
. Agenda # 3, Case # 2006070466 - BCC vs. Jill Weaver & Henry Tesno,
. Agenda # 4, Case # 2006070464 - BCC vs. Jill Weaver & Henry Tesno
(f) Under Item VI (A), "Motion for Imposition of Fines," the following case was
DISMISSED by the County due to an Agenda error:
2
December 5, 2008
. Agenda # 5, Case # 2007110125 - BCC vs. Bolomin & Raymonde Charles
(g) Under Item VI(A), "Motion for Imposition of Fines," the following cases were
WITHDRAWN by the County due to anticipated County abatement:
. Agenda # 6, Case # CENA 20080007121 - Thomas L. & Jacqueline Wood, Jr.
. Agenda # 7, Case # CENA 20080008113 - Felipe & Isabel C. Ramirez
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 November 21,2008 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Request for Abatement of Fines
1. Case # 2007070693 - BCC vs. Jeffrev & Claudia Konkus
The Hearing was requested by the Respondents who were not present.
Collier County Code Enforcement Investigator Patrick Baldwin was present.
Jerry Osinski, Broker/Owner of Weichert Realtors on the Gulf, was present as an interested
party.
Violation(s): Ord. 2004-58, Sec. 6, Subs. 15
Pool is black, algae filled & stagnant
Violation address: 15073 Topsail Ct., Naples, FL 34119
Mr. Osinski stated he represented the present owner of the property, Aurora Loan Services,
who purchased the property from the Bankruptcy Court in September, 2008. Aurora Loan
Services had applied for abatement of the fines.
The Special Magistrate stated she had reviewed the documents submitted in the case.
The Investigator stated the violations had been abated and the County did not object to the
Request.
Finding the Notice of Hearing was properly served, and finding the violations did
exist but were CORRECTED prior to the Hearing, the Special Magistrate GRANTED
the Requestfor Abatement of Fines.
V. PUBLIC HEARINGS
3
December 5, 2008
A. Stipulations:
5. Case # PU 4426 - BCC vs. Lal!una Bav Associates, LLC c/o Lacev Stevison
The Hearing was requested by the Respondent who was represented by Lacey Stevison,
Business Manager.
Collier County Public Utilities Enforcement Investigator George Cascio was also present.
Violation(s): Ord. 2005-44, Sec. 9.1
Unlawful accumulation of litter. Spillage & overflow around
containers in enclosures - Health, Safety & Welfare issue
Violation Address: No site address - common area
A Stipulation was entered into on behalf of the Respondent, Laguna Bay Associates, LLe, by
Lacey Stevison. Business Manager, for the Respondent on December 5, 2008.
Ms. Stevison stated she had the authority to appear on behalf of the Respondent.
The Special Magistrate stated the violations had been abated.
Finding the Notice of Hearing was properly served, and finding the violations did
exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violation(s) and was ordered to pay a civil penalty in the sum of$250.00,
together with an administrative fee of $5.00, on or before January 5, 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 5, 2009.
Total amount due: $305.00
B. Hearings:
1. Case # SO 149310 - BCC vs. Marie C. Louis
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Pam Hughes was also present.
Violation(s): Ord. Sec. 130-66
Parking in fire lane
Violation Address: 4849 Golden Gate Parkway -Winn Dixie
The Respondent stated her physician had placed her on bed rest due to advanced pregnancy.
She filled her water gallon from the machine outside the store. She was standing next to her
car and the emergency flashers were turned on. She stated she did not see the fire lane sign.
The Deputy stated the fire lane curb is designated in yellow and the phrase "fire lane" was
also printed in yellow on the asphalt. She observed the Respondent's vehicle was parked in
the fire lane and issued a citation on October 25,2008.
4
December 5, 2008
The Special Magistrate stated the fire lane is reserved solely for the use of emergency
vehicles and the Respondent did admit to parking in the fire lane. The Special Magistrate
further stated no exceptions are allowed when the Statute is violated.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the
alleged violation(s} and was ordered to pay a fine of $30.00, together
with the Operational Costs incurred by Code Enforcement during the prosecution
of this case in the amount of $50.00, on or before January 5, 2009, unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
Total amount due: $80.00
C. Emergency Cases:
NONE
VI. NEW BUSINESS:
A. Motion for Imposition of Fines:
8. Case # CESD 20080007341 - BCC vs. Marie LaFrance
The County was represented by Code Enforcement Specialist Jennifer Waldron and
Investigative Supervisor Jeff Letourneau.
The Respondent was present.
Violation(s): Code of Laws & Ord., Chapter 22, Article II, Sec. 22-26(B) & Florida
Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4
Permits were applied for kitchen addition & frame storage shed but
owner did not obtain a Certificate of Completion
Violation address: 2351 51st Terrace, Naples, FL 34116
Specialist Waldron stated the violations have not been abated.
The County requested imposition of Operational Costs in the amount 0[$117.43, together
with fines in the amount of$5,800.00 for the period from November 6, 2008 through
December 5, 2008 ($200/day for 29 days), for a total amount of$5,917.43.
The Respondent stated she obtained a second permit because the first permit expired. She
was unable to complete the work during the first permit period due to lack of funds. She
stated the work will be finished soon.
Supervisor Letourneau stated two of the required inspections (final AlC and final electric)
were completed on December 2,2008. The final roofing, final shutters and final building
have to be inspected.
5
December 5, 2008
The Respondent stated she will be able to purchase the storm shutters and have the work
completed within the next two weeks.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the
amount of $5,917.43, but ruled that the daily accrual of fines will be stayed until Monday,
December 29,2008. If the Respondent completes the work and obtains afinal inspection
and Certificate of Completion by that date, the fines of $5,800.00 will be waived and the
Respondent will be required to pay only the Operational Costs of $117.43 by December 29,
2008. The Special Magistrate further ruled the Respondent must provide proof of the
Certificate of Completion to Code Enforcement. Code Enforcement will issue an Affidavit
of Compliance. The Special Magistrate stated if the Respondent has not complied by
December 29, 2008, the fines will again continue to accrue.
VII. OLD BUSINESS:
A. Request to forward cases for Foreclosure - Collections:
NONE
VIII. CONSENT AGENDA:
NONE
IX. REPORTS:
NONE
X. NEXT HEARING DATE - Monday, January 12, 2009 at 9:00AM
The Hearing will be located at 2800 N. Horseshoe Drive in the Community
Development and Environmental Services Building in Conference Room 609-610.
*****
6
December 5, 2008
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 10:08 AM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented _, or as amended _'
7