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CESM Minutes 01/12/2009 January 12, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 12,2009 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 Jennifer Waldron, Code Enforcement Investigative Supervisor January 12, 2009 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: 9:10 AM RECONVENED: 9:30 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Investigative Supervisor, proposed the following changes: (a) Under Item V(B), "Hearings," the following cases were DISMISSED by the County as requested by the Deputy/Park Ranger: · Agenda # 2, Case # SO 165410 - BCC vs. William Daniel Verdonk . Agenda # 3, Case # SO 164644 - BCC vs. KuIdipak Rawat . Agenda # 6, Case # PR 041898 - BCC vs. Shawn Stuben (b) Under Item V(B), "Hearings," the following case was DISMISSED by the County due to payment: . Agenda # 5, Case # PR 040629 - BCC vs. Patricia Foley Sue Chapin, Secretary to the Special Magistrate, stated the following stipulated cases would be heard in order of presentation: . Agenda # 14, Case # CEV 20080012120 - Victor H. & Silvia L. Velasco · Agenda # 12, Case # CEV 20080015476 - BCC vs. David L. Houston · Agenda # 8, Case # PU 4457 - BCC vs. Tarpon Cove Community Assn. Inc. c/o Platinum Property Mgmt., LLC · Agenda # 15, Case # CELU 20080014352 - Andres Bermudez & Balgi Guerra The Special Magistrate approved the Agenda as amended, subject to changes made during the course o/the Hearing at the discretion o/the Special Magistrate. III. APPROVAL OF MINUTES The Minutes o/the Special Magistrate Hearing held on December 5, 2008 were reviewed by the Special Magistrate and approved as submitted. 2 January 12, 2009 IV. MOTIONS A. Request for Abatement of Fines - NONE B. Motion for Continuance 9. Case # CO 02302 CEVFH 20080010155 - BCC vs. Sanibel Taxi The Hearing was requested by the Respondent who was not present. Assistant County Attorney, Mmjorie Student-Stirling and Collier County Code Enforcement Investigator Michaelle Crowley were present. Violation(s): Code of Law & Ord., Chapter 142, Sec(s). 142-5I(A), 142-58(F)(3) Operated a motor vehicle as a vehicle for hire, making a passenger pickup in Collier Co. without first obtaining a PV AC-issued Certificate to Operate Violation Address: Vanderbilt Beach - Meters Ms. Student-Stirling stated Gerald Stern, the Attorney for the Respondent, recently underwent surgery and requested a Continuance in order to fully recuperate. The County did not object to the request. The Special Magistrate GRANTED the Respondent's Motion for a Continuance. C. Emergency Motion to Amend Order Case #2006080472 - BCC vs. Jean Claude Martel The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan and Property Maintenance Specialist Joe Mucha. The Respondent was also present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1,4,9,11, 12B, 12C, 121, 12L, 120, 12P, 19A, 19D,and20 Repeat Violation - Minimum Housing violations - Health, Safety and Welfare issue Violation Address: 3152 Karen Drive, Naples, FL 34112 The Respondent stated his residence address is 3190 Karen Drive, Naples, FL 34112. Investigator Keegan stated the County requested the Special Magistrate mnend a previous Order which stated the Respondent was to pay a civil penalty of $1 ,000.00 together with fines of $500.00 per day if a mobile home located at 3152 Karen Drive was not repaired or removed by December 16,2006. To date, the mobile home remains in disrepair. He further stated two individuals are living in the mobile home without water or electrical service, and there is litter and other debris piled around the structure. It is a fire hazard as well as a health, safety and welfare issue. 3 January 12, 2009 The County's request to amend the previous Order to allow the County to abate by contractor bid-out to demolish and remove the mobile home and accompanying litter. All costs will be assessed to the Respondent. The Respondent stated he wanted to repair the property so that he could rent it since it is the only property that he has. He was unable to repair it sooner because he had been incarcerated, and the tenants have nowhere else to go. The Special Magistrate stated the situation has been on-going since October 16, 2006 without any resolution to the problem, and would grant the County's motion unless the Respondent could prove he would fix the property within the next 10 days. The Respondent stated he objected and he would "go bazooka." He submitted a letter to Code Enforcement concerning his situation. The document was reviewed by the Special Magistrate, marked as Respondent's Exhibit "1," and entered into evidence. The Special Magistrate stated the Amended Order would allow the contractors to inspect and assess the property before submitting bids. Assistance could be requested from the Sheriffs Department if necessary. Investigator Keegan also asked that the Order provide for the tenants to immediately vacate the premises. The Respondent stated he wanted "them to stay away from me," and that he had a baseball bat which he "hasn't used yet." The Special Magistrate cautioned him against making threats and suggested he should consult his attorney. He again asserted that he could fix the property. Property Maintenance Specialist Mucha stated the mobile home had been heavily dmnaged during the last hurricane and would take thousands of dollars to properly repair it which, in his professional opinion, was not worth the investment. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to ensure the structure was immediately vacated. The Respondent has been unable to repair the mobile home; therefore, the County is authorized to demolish the structure by contractor bid-out and assess the cost for the abatement to the Respondent. The COUllty may request assistance from the Collier County Sheriff's Department in order to obtain compliance. V. PUBLIC HEARINGS A. Stipulations: 4 January 12,2009 14. Case # CEV 20080012120 - Victor H. & Silvia L. Velasco The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): Collier County Land Development Code Ord. 04-41, as amended, Sec.2.01.00(A) Vehicles with expired plates in residentially zoned property. Violation Address: 5323 ISth Ave. SW, Naples, FL 34116 A Stipulation was entered into by the Respondents on January 9, 2009. The Investigator stated the Respondents agreed to the terms of the Stipulation and agreed to pay the Operational Costs. Finding the Notice of Hearillg was properly served, the Respondellts were found GUILTY of the alleged violation(s) and ordered to obtain a current registration for the vehicle, and store it in an enclosed structure or remove it from the property on or before January 16, 2009, or afine of$,iO.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 violatioll by COil tractor bid-out and to assess the costs to the Respondellts. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office. The Respondents were ordered to pay the Operatiollal Costs incurred by Code Enforcement during the prosecution of this case in the amount of$Il7.61 011 or before February 12,2009. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 12. Case # CEV 20080015476 - BCC vs. David L. Houston The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent had been present earlier and entered into a Stipulation but left before the case would be heard. Violation(s): Collier County Land Development Code Ord. 04-41, as mnended, Sec.2.01.00(A) Unlicensed / inoperable vehicle parked/stored on village residential zoned property. Violation Address: 2629 Holly Ave., Naples, FL 34112 A Stipulation was entered into by the Respondent on January 12, 2009. The Investigator stated the violation was abated on January 9, 2009 and the Respondent agreed to pay the Operational Costs. 5 January 12, 2009 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. 70 on or before February 12, 2009. 8. Case # PU 4457 - BCC vs. Tarpon Cove Communitv Assn., Inc. c/o Platinum Propertv Ml!mt.. LLC The Hearing was requested by the Respondent and was represented by Leonard M. Formaro, as Property Manager. Public Utilities Code Enforcement Operations Coordinator George Cascio was also present. Violation(s): Ord. 1997-33, Sec(s). 6.A.6 Unauthorized alteration of back flow prevention assemblies at 710, 720, 730, 740, 750, 760, 770 and 780 Tarpon Cove Dr. respectively, and 954 Carrick Bend - health, safety & welfare Violation Address: 710,720,730,740,750,760,770 and 780 Tarpon Cove Dr. respectively, and 954 Carrick Bend A Stipulation was entered into on behalf of the Respondent by Leonard M Formaro, as Property Manager, on January 12, 2009. A copy of a letter authorizing Mr. Formaro to represent the Tarpon Cove Community Association, signed by the President of the Association on January 7, 2009, was introduced. It was marked as Respondent's Exhibit "1" and entered into evidence. The Investigator stated he met with Mr. Formaro and the plumber involved, and the violation has been abated. Finding the Notice of Hearing was properly served and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation and was ordered to pay a civil penalty in the amount of$250,00, and the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$50.00, together with an administrative fee of $5. 00, on or before February 12, 2009. Total amount due: $305.00 15. Case # CELU 20080014352 - Andres Bermudez & Ball!i Guerra The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent, Andres Bermudez, was also present. Jorge Quinones served as translator. (, January 12,2009 Violation(s): Collier County Land Development Code Ord. 04-41, as mnended, Sec. 2.02.03 Storage of paver bricks in front yard of the residential property Violation Address: 2172 45th St. SW, Naples, FL A Stipulation was entered into by Respondent, Andres Bermudez, on behalf of his wife, Balgi Guerra, and himself on January 12, 2009. The Investigator stated the Respondents agreed to the terms of the Stipulation and agreed to pay the Operational Costs. The Respondent, through the translator, stated he understood and agreed to the Stipulation. The Respondent questioned his options regarding storage and was referred to the Investigator for further explanation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to cease storage of paver bricks in the front yard and place items in an enclosed structure or remove the paver bricks from the property on or before January 27,2009, or afine of $50. 00 per day will be 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 to 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 in the amount of $//7.43 on or before February 12, 2009. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. B. Hearings: 13. Case # CEV 20080011820 - BCC vs. Lionel & LizeUe Froloff The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were also present. Violation(s): Collier County Land Development Code Ord. 04-41, as mnended, Sec. 2.01.00(A) Vehicles with expired plates in residentially zoned property. Violation Address: 5234 2Sth Place SW, Naples, FL 34116 The Investigator introduced five photographs which were marked as County's Exhibits "A" through "E" and were admitted into evidence. The Notice of Hearing was posted at the property and the Courthouse on December IS, 200S. 7 January 12, 2009 The Respondents stated they applied for renewal of their registration at the Golden Gate office and were told they had to apply for a new vanity plate. They were given a temporary registration by the DMV until the plate arrived. The plate was delivered to the wrong office and then apparently misplaced by the Golden Gate office. The Respondents stated they were in possession of the new plate and would affix it to the van. Finding the Notice of Hearing was properly served, the Respondents were found GUlL TY of the alleged violation(s) and ordered to obtain and affIX a valid license plate to the vehicle by 5:00 PM on January 12, 2009, or a fine 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. The Special Magistrate ruled if the valid license plate was affIXed to the vehicle on or before 5:00 PM on January 12, 2009, the Operational Costs of $11 7.61 would not be assessed. The Code Enforcement Investigator will verifY compliance and notifY the Special Magistrate. If there is no compliance, the daily fine will begin accruing on January 13,2009 and payment of the Operational Costs will be required on or before February 12, 2009. 1. Case # SO 165884 - BCC vs. GeIco Corp The Hearing was requested by the Respondent who was not present. Collier County Sheriffs Office Deputy Fred Klinkmann was present. Violation(s): Code of Law & Ord., Sec. 130-67 Parking in handicapped space. No visible permit. Violation Address: 6650 Collier - Walmart The Deputy stated he observed the violation on November 11, 2008. He stated the vehicle was a leased/rental car. Certified mail was sent on December 16, 200S and received by the Respondent on December 30, 2008 as verified by the U.S. Postal Service. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civil penalty of$250.00, together with an administrative fee of$5.00, on or before February 12, 2009. 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 February 12,2009. Total Amount Due - $305.00 4. Case # SO 165419 - BCC vs. Jeffrev Moats The Hearing was requested by the Respondent who was not present. Collier County Sheriffs Office Deputy Paige Long was present. 8 January 12, 2009 Violation(s): Code of Law & Ord., Sec. 130-67 Parking in handicapped space. Violation Address: in front of Florida Motor Sports The Investigator stated the motorcycle was parked on the "hash marks" (striped marks) adj acent to handicapped space. The Special Magistrate confirmed the striped area is part of the entire handicapped space. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and ordered to pay a civil penalty of $250.00, together with an administrative fee of$5.00, on or before February 12,2009. 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 February 12, 2009. Total Amount Due - $305.00 7. Case # PR 041231- BCC vs. Omar Jesus Barreda The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Deputy Barry Gorniak also present. Violation(s): Code of Law & Ord., Sec. 130-66 Failure to display a paid launch fee receipt Violation Address: Bayview Park The Ranger introduced two photographs of the vehicle and trailer, and a copy of the new parking meter which were marked as County's Exhibits "A" through "C," and were entered into evidence. The meter provides instructions for payment and placement of the paid launch receipt. He further stated the Respondent requested the Hearing and Notice was sent to the address provided by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and ordered to pay a civil penalty of $30.00, together with an administrative fee of$5.00, on or before February 12, 2009. 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 February 12, 2009. Total Amount Due - $85.00 RECESS: 10:50 AM RECONVENED: 11:15 AM 9 January 12, 2009 V. PUBLIC HEARINGS B. Hearings 11. Case # CEAU 20080013129 - BCC vs. Ernesto & Rosaura Villa, and Juan & Bricevda Rodas The Hearing was requested by Collier County Code Enforcement Investigator Carme10 Gomez who was present. The Respondents were not present. Violation(s): Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Sections of stockade fence in disrepair Violation Address: 3072 4151 Terrace SW, Naples The Certified Mail was mailed to the owners' address in Lehigh Acres, but was returned to the County as "undeliverable." The address was obtained from the Property Appraiser's office and the tax rolls. The Investigator stated the Notice of Hearing was posted at the property and the Courthouse on December 23,2008. He introduced two photographs of the fence which were marked as County's Exhibits "A" and "B" which were entered into evidence. He stated three panels of the fence were broken and have not been repaired. To date, the owners have not responded to any of the notifications. The Special Magistrate noted the Florida Building Code has been adopted by Collier County and incorporated into the County's Code and Ordinances. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all required inspections and a Certificate ofOccupancylCompletion, on or before February 12,2009, or a fine of$100.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the 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. Ifnecessary, 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 $117.87 on or before February 12, 2009. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s} had been abated. C. Emergency Cases: NONE ](} January 12, 2009 VI. NEW BUSINESS: A. Motion for Imposition of Fines: I. Case # CESD 20080007891- BCC vs. HSBS Bank USA National Assoc., Tr. c/o EMC Mortl!ate Corp. The County was represented by Code Enforcement Investigative Supervisor Jennifer Waldron and Investigator Renald Paul. The Respondent was not present. Original Violation(s): Code of Laws & Ord., Chapter 22, Article II, Sec. 22-26(B) & Florida Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4 Permit for built pool expired, Certificate of Completion never obtained Violation address: 3160 4th St. NW, FL 34120 The Notice of Hearing was posted at the Courthouse and the property on December 19, 2008. U.S. Mail and Certified Mail were sent on December IS, 200S. To date, no response has been received. The Supervisor stated the initial Order was issued on September 5, 200S and the violations have not been abated. The County requested imposition of Operational Costs in the sum of$II7.60, together with fines of$7,600.00 for the period from December 6, 200S through January 12, 2009 (3S days@$200/day), for a total amount of$7, 717.60. The Special Magistrate GRANTED the County's Request for Imposition of Filles in the total amount of $7,717.60, and noted fines will continue to accrue. 2. Case # CESD 20080007775 - BCC vs. HSBS Bank USA National Assoc.. Tr c/o EMC Mortl!ate Corp. The County was represented by Code Enforcement Investigative Supervisor Jennifer Waldron and Investigator Renald Paul. The Respondent was not present. Original Violation(s): Code of Laws & Ord., Chapter 22, Article II, Sec. 10.02.06 (B)(I )(A) 1 0.02.06(B)(I)(E)(I) & Florida Building Code, 2004 Edition, as adopted by Collier Co., Sec. 104.5.1.4 Tiki hut built on residential property without obtaining Collier County permits Violation address: 31604th St. NW, FL 34120 11 January 12, 2009 The Notice of Hearing was posted at the Courthouse and the property on December 19, 200S. Certified Mail and regular U.S. Mail were sent on December IS, 200S. To date, no response has been received. The Supervisor stated the violations have not been abated and the initial Order was issued on September 5, 200S. The County requested imposition of Operational Costs in the sum of $117.69, together with fines of$7,600.00 for the period from December 6, 200S through January 12, 2009 (3S days @$200/day), for a total amount of$7, 717.69. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines in the total amount of$7, 717.69, and notedfines will continue to accrue. 3. Case # CEPM 20080007331 - Dian & June Edwards The County was represented by Code Enforcement Investigative Supervisor Jennifer Waldron and Property Maintenance Specialist Joe Mucha. The Respondents were not present. Original Violation(s): Collier Co. Code of Laws & Ord., Chapter 22, Article VI, Sec(s). 22-231, Sub(s). 1-5, 12i, 12k, 12n, 12p, 12r, 19a, 19c, & 20 Vacant rental ~roperty with several Minimum Housing violations Violation address: 465424' PL SW, FL 34116 Regular mail was sent on December IS, 200S. Certified Mail was delivered on December 22, 200S. The property and the Courthouse were posted on December 22, 200S. The initial Order was issued on August 15, 200S. A second Hearing was held on October 3, 200S. The fines were stayed for a period of 60 days, but were retroactive to October 3, 200S since the violations were not abated. The County requested imposition of fines in the total amount of$25,250.00 for the period from October 3, 200S through January 12, 2009 (101 days @ $250/day). The Operation Costs of$IIS.04 were paid. The Special Magistrate noted there may have been an error in the initial Order. On August 15, 200S, compliance was ordered to occur by August 22, 200S. On October 3, 200S, the County asked for fines to be assessed. The Respondents were given an additional opportunity to comply. While the fines were retroactive to the October 3rd Hearing Date, the period from August 22nd through October 3rd was not addressed. The Special Master verified the County wanted the Amended Order to impose fines 12 January 12, 2009 from the initial date of August 22, 200S through January 12, 2009, and ordered the Defendants to be re-noticed. She noted the County's motion should also be amended. Specialist Mucha stated the property is in foreclosure with HSBS Bank. The Special Magistrate ordered the matter placed on the next docket and notice sent to the Respondents. VII. OLD BUSINESS: A. Request to forward cases for Foreclosure - Collections: NONE VIII. CONSENT AGENDA: NONE IX. REPORTS: NONE X. NEXT HEARING DATE - Friday, February 6, 2009 at 9:00 AM The Hearing will be located at the Collier County Government Center: Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order ofthe Special Magistrate at 11 :48 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented~, or as amended~. 13