CESM Minutes 02/06/2009
February 6, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, February 6, 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 Building "F," 3rd floor, of the Government
Complex, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
ALSO PRESENT: Jennifer Waldron, Code Enforcement Investigative Supervisor
February 6, 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: 9:17 AM
RECONVENED: 9:34 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, proposed the following
changes:
(a) The following Item numbering errors were corrected:
. Under "New Business," from "V" to "VI"
. Under "Reports," from "VIII" to "IX"
(b) Under Item IV, "Motions," the following category was added:
. B. Motion for Continuance
(c) Under Item IV(B), "Motion for Continuance," the Department of Animal
Services requested Continuances in the following cases:
. Agenda # 7, Case # DAS 11537 - BCC vs. Michael Castellano
. Agenda # 8, Case # DAS 11535 - BCC vs. Michael Castellano
. Agenda # 9, Case # DAS 11542 - BCC vs. Kathy Crowder
. Agenda # 10, Case # DAS 11543 - BCC vs. Kathy Crowder
(d) Under Item V(B), "Hearings," the following case was DISMISSED by the
County as requested by the Deputyllnvestigator/Park Ranger:
. Agenda # 1, Case # SO 153057 - BCC vs. Amanda Holmer
(e) Under Item V(B), "Hearings," the following cases were DISMISSED by the
County due to payment:
. Agenda # 13, Case # PR 041204 - BCC vs. Robert C. Elliott
. Agenda # 14, Case # PR 041892 - BCC vs. Jonathan Neumann
(I) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County because only administrative costs are to be paid:
. Agenda #2, Case # SO 165900 - BCC vs. Harborchase of Naples
. Agenda #3, Case # SO 165899 - BCC vs. Lucila Molinet
. Agenda #5, Case # SO 165135 - BCC vs. Harry Cohen
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February 6, 2009
. Agenda # 6, Case # SO 165152 - BCC vs. Sue Murry Longnecker
. Agenda # 12, Case # PR 041203 - BCC vs. JacIyn Salz
(g) Under Item V(B), "Hearings," the following casc was WlTHDRA WN by the
County due to County error:
. Agenda # II, Case # PR 041024- BCC vs. Susan Farese
(h) Under Item V(C), "Emergency Cases," the following case was ADDED by the
County:
. Case # CEPM 20080016074 - BCC vs. Isabelle Mancha Estate
(i) Under Item VI(A), "Motion for Imposition of Fines," the following case was
WlTHDRA WN by the County because the County will abate:
. Agenda # 4, Case # CEPM 20080011393 - BCC vs. Diane L. Mathieu Tr.,
John R. Mathieu Tr., Diane L. Mathieu Rev. Tr.
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.
111. APPROVAL OF MINUTES
The Minutes of the Special Magistrate Hearing held on January 12, 2009 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Request for Abatement of Fines: NONE
B. Motions for Continuance:
Supervisor Dana Alger appeared on behalf of the Department of Animal Services
and requested Continuances in the following cases due to the medical leave
Officer of Record:
. Agenda # 7, Casc # DAS 11537 - BCC vs. Michael Castellano
. Agenda # 8, Case # DAS 11535 - BCC vs. Michael Castellano
. Agenda # 9, Case # DAS 11542 - BCC vs. Kathy Crowder
. Agenda # 10, Case # DAS 11543 - BCC vs. Kathy Crowder
Supervisor Alger stated both Respondents had been notified.
The Special Magistrate GRANTED the Motionsfor CONTINUANCE.
V. PUBLIC HEARINGS
A. Stipulations: NONE
B. Hearings:
)
February 6, 2009
16. Case # PR 40778 - BCC vs. Lee Bellamv
The Hearing was requested by the Respondent who was represented by Mr. Horia
Vese.
Collier County Park Ranger Cynthia Gaynor was also present.
Violation(s): Code of Law & Ord., Sec. 130-66
Failure to display paid receipt - commercial vehicle
Violation Address: Clam Pass
Horia Vese stated Lee Bellamy was the former Department Manager for The Hilton
Naples. Mr. Vese, the Bell Captain and Chief Valet at The Hilton Naples, was
authorized by Mr. Hill, the General Manager of The Hilton Naples, to appear on his
behalf. He did not have written authorization with him.
The commercial vehicle is owned by the I-lilton Naples.
Park Ranger Gaynor stated all Citations are submitted to the Department of Motor
Vehicles which noted the vehicle was registered to Naples Hospitality, LTD. as
owner of The Hilton Naples. She further stated the Citation had originally been issued
to The Hilton Naples.
Code Enforcement Supervisor Jennifer Waldron stated Mr. Lee Bellamy had
initially requested the Hearing.
Mr. Vese stated The Hilton Naples operates a complimentary beach shuttle, four
times a day, for the convenience of its guests. The Shuttle does not park, but only
drops off and picks up guests at the entrance to the parking lot. Hc stated The Hilton
Naples has paid a daily fee of $6.00, and Ihen $8.00, for the past two years. The fee
was recently raised to $16.00 for parking at Clam Pass Park. The Hilton Naples'
shuttle does not use any of the parking spaces. The guests are dropped off at the end
of the parking lot by the boardwalk.
Park Ranger Gaynor stated the regular fee for entrance into the park is $8.00, but
commercial vehicles are charged double. She stated she repeatedly warned the
drivers to pay the fee and obtain a receipt. The ticket was issued on November 2151
and no booth attendant was on duty that day. Murdo Smith, Beach and Water
Supervisor, advised her The Hilton Naples should be charged the commercial fee
because the shuttle was operated as a business, as part of The Hilton Naples. If the
shuttle dropped off its guests before the toll booth, no fee would be charged.
However, the shuttle entcrs the park and drops its guests off by the tram.
The Park Ranger also stated there was an annual pass for commercial vehicles that
could be purchased for $500.00 which would allow the shuttle unlimited entry into
the park without the necessity of paying a daily fee.
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February 6, 2009
Mr. Vese stated he knew about the pass but his supervisor could not contact the
individual at the phone nmber he had been given by the Park Ranger. Messages
were left but the calls were not returned. He stated he tried to buy a commercial pass
at the Administrative Building but was told that it was not available and he could only
purchase a regular residential pass.
Park Ranger Gaynor stated the pass is only issued at the Administrative Office for
Parks and Recreation which is located on Livingston Road, at the North Collier
Regional Park, and can be purchased there.
The Special Magistrate asked if The Hilton Naples would immediately purchase an
annual pass and Mr. Vese agreed.
Supervisor Waldron stated Mr. Vese should contact her directly after the pass had
been purchased,
The Special Magistrate ruled that Naples Hospitality, LTD., d/b/a The Hilton
Naples, was ordered to obtain an annual commercial vehicle beach parking pass
and provide proof of purchase to Code Enforcement on or before February 13,
2009.
If the Respondent cannot obtain the annual pass, he was ordered to write a letter
to Supervisor Waldron, explaining the circumstances and why the pass was not
available. Supervisor Waldron will update the Special Magistrate as necessary.
The Special Magistrate stated the case would be CONTINUED and she would
make a Ruling based on the evidence presented only if the Respondent did not
comply.
The Special Magistrate stated the record was to reflect that she accepted Mr. Vese
as the authorized representative for the Respondent, Naples Hospitality, LTD, and
that Naples Hospitality, Ltd. was the correct Respondent, not Lee Bellamy.
17. Case # PR 040772 - BCC vs. Merrill Pritham
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Cynthia Gaynor was also present.
Violation(s): Code of Law & Ord" Sec. 130-66
Parking for beach pass only, not hotel
Violation Address: Clam Pass
The Respondent stated she resides at 5708 Drummond Way in Naples.
The Respondent stated she had loaned her car to her daughter to use while attending
a conference at The Registry. The daughter was going to have lunch at the beach and,
at the conclusion of the conference, meet her sister to walk the beach, The
Respondent stated she was unaware that parking was restricted to "beach use only"
and told her daughter to park at Clam Pass. A beach parking permit was displayed on
her vehicle,
j
February 6, 2009
Park Ranger Gaynor stated she saw the driver leaving the vehicle, wearing business
attire, and warned her that parking was restricted to "beach use only." She informed
the driver if she was going to use the hotel, she must also use hotel parking. The Park
Ranger stated there was no communication from the Respondent's daughter and
observed the driver walking to the hotel after the warning had been issued.
Park Ranger Gaynor introduced a copy of two photographs of the parking/warning
signs which were marked as County's Composite Exhibit "A" and entered into
evidence. She cited a provision from the Laws of Florida regarding signage.
The Respondent stated she did not see the signs in the Exhibit. She stated the sign
she saw was white with small black lettering. She stated she called Murdo Smith and
left several messages, but did not receive a return call.
The cited provision: Section 246-28, subsection S(ll) of the Laws of Florida, which
states:
.. Violate any rule.for the use of the park which has been posted
on any park sign in a particular park, pursuant to approval by the
Board of County Commissioners, including rules and regulations
posted on the grounds of buildings in said parks. "
The Special Magistrate reviewed Ordinance 130-66 which allows for placement of
official signs as recommended by Transportation Services Administrator which gives
authority for the Administrator to determine signage and placement.
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 administrativefee of $5. 00, on or before March 9, 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 March 9, 2009.
Total Amount Due - $85.00
Sue Chapin, Secretary to the Special Magistrate, noted that the following Agenda
Numbers 19 - Case # CO 02306 CEVFH 200800]4566 - BCC vs. Five Seas
Enterprises, ]ne., d/b/a Atlas Limousine
20 - Case # CO 02305 CEVFH 200800]4563 - BCC vs. Robert Carnahan,
21 - Case # CO 02303 CEVFH 200800]4572 - BCC vs. Five Seas Enterprises,
]ne., d/b/a Atlas Limousine, and
22 - Case # CO 02304 CEVFH 200800]4569 - BCC vs. Ora Allen Stephen
were related cases.
]9. Case # CO 02306 CEVFH 200800]4566 - BCC vs. Five Seas Enterprises,
Ine" d/b/a Atlas Limousine
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February 6, 2009
The Hearing was requested by the Collier County Code Enforcement Inspector
Michaelle Crowley who was present.
The Respondent was represented by Wendy Cleveland, co-owner and president.
Violation(s): Code of Law & Ord., Chapter 142, Sections 142-33(1), 142-37(B)
Allowed/employed Robert Canahan to operate a vehicle for hire
making a passenger pickup in Collier County without first obtaining
a driver ID from Code Enforcement
Violation Address: 400 S. Collier Blvd., Marco Island Marriott
Mrs. Cleveland stated her ol1ice address is 3220 Palm Avenue, Ft. Myers, Florida
3390 l.
Robert Carnahan resides at 105 Jose Gaspar Drive, North Ft. Myers, Florida 33917.
Ora Allen Stephen resides at 939 Sitka Trail, Fort Myers Beach, Florida 33931.
Code Enforcement Inspector Crowley stated the matter had been resolved. The
Respondent acknowledged liability and asked to address the Court regarding
the amount of the fines.
Mrs. Cleveland stated she and her husband have owned the business for the past three
years and conduct only a limited amount of business in Collier County. She admitted
there had been an oversight concerning obtaining an ID for their new driver, Robert
Carnahan, and in renewing the license ofMr. Stephen. She stated the drivers now
have the required identification and new procedures will be instituted to ensure the
situation did not occur again.
Code Enforcement Inspector Crowley stated the County would have no objection to
waiving the fines. She stated the company has been very cooperative and it was the
first offense.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s). Thefines were waived, but the Respondent
was ordered to pay the Operational Costs incurred by Code Enforcement during
the prosecution of this case in the amount of 550. 00 for each of the following
cases:
Agenda # 19, Case # CO 02306 CEVJ;'H 20080014566 - BCC vs. Five Seas
Enterprises, Inc., d/b/a Atlas Limousine;
Agenda # 20, Case # CO 02305 CEVFH 20080014563 - BCC vs. Robert
Carnahan;
Agenda # 21, Case # CO 02303 CEVFH 20080014572 - BCC vs. Five Seas
Enterprises, Inc., d/b/a Atlas Limousine, and
Agenda # 22, Case # CO 02304 CEVFH 20080014569 - BCC vs. Ora Allen
Stephen.
The Respondent was ordered to pay the administrative fee incurred for the above
cases in the sum of 55.00 per case, on or before March 9,2009.
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February 6, 2009
Total Amount Due - $220.00
C. Emergency Cases:
1. CEPM 20080016074 - BCC vs. Isabelle Mancha Estate
The Hearing was requested by Collier County Code Enforcement Property Maintenancc
Specialist Joe Mucha who was present.
The Respondent was represented by Irene Mancha, daughter.
Violation(s): Code of Laws and Ordinances, Chapter 22, Article VI, Sec. 22-231,
Subsections (I) and (2)
Numerous minimum housing violations
Violation Address: 218 North 5th Street, Immokalee, FL
Irene Mancha stated she resides at 531 County Road #830, Felda, Florida 33930.
Ms. Mancha stated her former attorney had filed probate documents but she was unsure
of the Estate's status.
Specialist Mucha stated he had seen a document which referred to Ms. Mancha and her
sister as the Personal Representatives.
Ms. Mancha stated she and her sister, Rosa, will be the owners of the property pursuant
to the terms of their mother's Last Will and Testament.
The Specialist Mucha stated he made a site visit on November 6, 2008 and observed
several violations at the property. He contacted Ms. Mancha, met her on November 10,
2008, and served her with a copy of the Notice of Violations and the Inspection Report.
He suggested the structure be demolished.
Mr. Mucha met with Joe, Ms. Mancha's disabled (wheel-bound) brother, who resides
at the property. Joe asked for additional time to make other housing arrangements.
However, the brother now refuses to leave the premises.
Collier County Deputy, Cpl. Michael Taylor, testified that the Deputies had been
called to the property approximately 25 to 30 times. Joe has been arrested twice on
assault charges. Another brother, also residing at the property, had been arrested on
drug-related charges. Joe has told the Deputies he will not leave.
Ms. Mancha stated she has contacted social services agencies to see if arrangements
can be made for her brother. She stated she intends to demolish the property.
Finding the Notice of Hearing was properly served; the Respondent was found
GUILTY of the alleged violation(s} and ordered to sign a "No Trespass Agreement"
with Collier County and to remove all squatters from the premises on or before
February 10, 2009.
The Respondent was also ordered to apply for a Boarding Permit on or before
February 10, 2009. Boarding must be completed and a Certificate obtained on or
before February 11, 2009, or afine of $100 per day will be imposedfor each day
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February 6, 2009
the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondent was further ordered to hire a licensed contractor and obtain a
Collier County Demolition Permit, required inspections and a Certificate of
Completion on or before February 20, 2009 or a fine of $50. 00 per day will be
impo~'ed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If necessary, the Respondent may apply to Code Enforcement for an extension of
time to March 6, 2009 to complete the demolition.
/fthe 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 Respondent.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondent wa~' ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $1 17,78 on
or before April 9, 2009.
The Respondent is to notify the Investigator at each stage of the process to
concur the violation(s) had been abated,
The Respondent was asked if she understood the above Order and if she had any
questions. She responded she understood and had no questions.
[NOTE: The terms of the Order were amended. "Emergency Cases" following
Item IX, "Reports."]
B. Hearings:
4. Case # SO 165136 - BCC vs. Shellv Staten
The Hearing was requested by the Respondent who was not present.
Collier County Sheriffs Deputy Kenneth Robins was present.
Violation(s): Code of Law & Ord., Sec. 130-67
Parking in a handicarped space. Permit holder not present.
Violation Address: Wal-Mart III' @41
A handicapped permit, issued by the State of Michigan, was displayed.
The Respondent had requested the Hearing, and the Notice of Hearing was sent to
the address provided by the Respondent via Certified Mail and proof of delivery on
January 23, 2009 was received from the U.S. Postal Service.
Supervisor Waldron stated the Respondent withdrew her request for a Hearing via
fax on January 26, 2009.
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 March 9, 2009.
The Respondent was ordered to pay the Operational Costs incurred by Code
9
February 6, 2009
Enforcement during the prosecution of this case in the amount of $50. 00 on or
before March 9, 2009.
Total Amount Due - $305.00
RECESS: 11:12 AM
RECONVENED: 11:31 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. Case # CEDS 20080010509 - BCC vs. Celia Andrade and Jose Alfaro
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Renald Paul.
The Respondent. Celia Andrade, was present and also represented her husband, Jose
Alfaro.
Marco Andrade, the Respondent" s son, served as translator.
Original Violation(s): Collier County Land Development Code 04-41, as amended,
Sec.l0.02.06(B)(l)(A)
Shed constructed on property without required Collier
County permits
Violation Address: 2100 50th St. SW, Naples, FL 34 116
The Supervisor stated the violation had been abated and the Operational Costs of
$1 17.60 have been paid.
The County requested imposition of fines in the amount of $400.00 for the period
from January 18,2009 through January 21, 2009 (4 days @ $100/day). for a total
amount 01'$400.00.
The Respondent" s son stated his mother was unaware of the imposition of daily fines.
Investigator Paul provided a copy of the Stipulation which had been signed by the
Respondent, Celia Andrade. Her daughter served as translator at the previous
Hearing.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $400. 00.
V. PUBLIC HEARINGS:
B. Hearings:
18. Case # PR 041882 - BCC vs. Robert Noonan
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cynthia Gaynor was present.
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February 6, 2009
Violation(s): Code of Law & Ord., Sec. 130-66
Failure to display paid receipl
Violation Address: Clam Pass
Park Ranger Gaynor stated she observed the vehicle parked at Clam Pass without a
paid receipt displayed on the dashboard.
The Notice of Hearing was sent to the address provided by the Respondent via
Certified Mail and proof of delivery on January 26, 2009 was received from 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 $30.00.
together with an administrativefee of $5. 00, on or before March 9, 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 March 9, 2009.
Total Amount Due - $85.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines
2. Case # CEPM 20080005933 - BCC vs. Carolina M. Alvarez
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator John Santafemia.
The Respondent was not present.
Original
Violation(s): Collier County Ordinance 2008-58, as amended, Section 6,
Subsections, I, 5, 8, 9, II, 12d, 12i, 12j, 19c & 20
Numerous minimum housing violations
Violation address: 724 109th Ave. N., Naples, FL 34108
The Supervisor stated the initial Order was issued on November 7, 2008 and the
violations have not been abated.
The County requested imposition of Operational Costs in the sum 01'$118.13,
together with fines of $21 ,000.00 for the period from November 15,2008 through
February 6, 2009 (84 days@$250/day), for a total amount 01'$21,118.13.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$2I,I18.13, and notedfines will continue to accrue.
3. Case # CEPM 20080006426 - BCC vs. Carolina M. Alvarez
II
February 6, 2009
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator John Santafemia.
The Respondent was not present.
Original
Violation(s): Collier County Ordinance 2008-58, as amended, Section 7(2)
Residentially zoned duplex being used as rental property without
obtaining rental registration certification
Violation address: 724 109th Ave. N., Naples, FL 34]08
The Supervisor stated the violation has not been abated and the initial Order was
issued on November 7, 2008.
The County requested imposition of Operational Costs in the sum of $1] 7.52,
together with fines of $2, 1 00.00 for the period from November] 5,2008 through
February 6, 2009 (84 days @ $25/day), for a total amount of $2,217.52.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $2,217.52, and noted fines will continue to accrue.
VII. OLD BUSINESS:
A. Request to Forward Cases to County Attorney's Office
1. Case No.: 2006080472
Owner: Jean Claude Martel
Violation address: 3]52 Karen Drive, Naples, FL 34] 12
The Special Magistrate reviewed a Memorandum from Marjorie Student-Stirling.
The Respondent, Mr. Martel, has not paid fines in the amount of $69,632.45 as
previously ordered and ninety days has elapsed.
The County has requested the Special Magistrate to release jurisdiction over the
case and approve it forwarding the case to the County Attorney's Office for
foreclosure or collection by a collection agency.
The Special Magistrate approved the County's Request.
VIII. CONSENT AGENDA: NONE
IX. REPORTS:
1. The Special Magistrate stated she reviewed two Orders on Motions to Abate Fines in
Case Number 2007-030266, BCC vs. Ricardo Montpelier Acosta, and Case
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February 6, 2009
Number 2007-030265, BCC vs. Ricardo Montpelier Acosta which were submitted
to abate the fines previously assessed on property by the new owner, Deutsch Bank
National Trust Company. who acquired the property after foreclosure proceedings
were completed. The Orders were entered on July 20, 2007. The Operational Costs
for both cases have been paid.
The Special Magistrate approved the Orders and granted the requestfor abatement
offines in the amounts of $11,925. 00 and $24,050.00 respectively.
2. Supervisor Waldron asked the Special Magistrate to review the current Rules and
Procedures to ascertain if there were any changes or modifications. An update will be
presented to the Board of County Commissioners.
Sue Chapin, Secretary to the Special Magistrate, stated Collier County Code Enforcement
Property Maintenance Specialist Joe Mucha and the Respondent asked the Special
Magistrate to re-open the Emergency Case in order to obtain further clarification of the
Order.
V. PUBLIC HEARINGS: (Re-opened)
C. Emergency Cases:
1. CEPM 20080016074 - BCC vs. Isabelle Mancha Estate
Specialist Mucha stated he spoke with Ms. Irene Mancha after the Hearing to confirm
that she would be able to comply with the terms of the Order. She did not understand
all of the steps required. He stated, as long as the structure was secured and the
squatters were removed, the County would be willing to extend the demolition
deadline to assure compliance by the Respondent.
Ms. Mancha stated she thought she would be able to do most of the work herself.
The Special Magistrate asked the Respondent if she now understood the terms of the
Order and what she was required to do. The Respondent asked for 90 days to
complete the demolition.
The Special Magistrate amended the terms of the Order asfollows:
Finding the Notice of Hearing was properly served; the Respondent was found
GUILTY of the alleged violation(s) and ordered to sign a "No Trespass Agreement"
with Collier County and to remove all squatters from the premises on or before
February 10, 2009.
The Respondent was also ordered to apply for a Boarding Permit on or before
February 10, 2009. Boarding must be completed and a Certificate obtained on or
before February 11, 2009, or afine of$100 per day will be imposedfor each day
the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
])
February 6, 2009
The Respondent was further ordered to hire a licensed contractor and obtain a
Collier County Demolition Permit, required inspections and a Certificate of
Completion on or before Mav 6, 2009 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.
Ifthe 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 Respondent.
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 $1 17.78 on
or before April 9, 2009.
The Respondent is to notify the Investigator at each stage of the process to concur
the violations have been abated.
X. NEXT HEARING DATE - Friday, February 20,2009 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 12:14 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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