CESM Minutes 02/20/2009
February 20, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, February 20,2009
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 20, 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: 9:16 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, noted the following
changes:
(a) Under Item V (B), "Hearings," the following case was DISMISSED by the
County as requested by the Deputy/Investigator/Park Ranger:
. Agenda # 4, Case # DAS 11543 - BCC vs. Kathy Crowder
. Agenda # 5, Case # SO 154373 - BCC vs. Jean N. Grunow
(b) Under Item V (B), "Hearings," the following case was DISMISSED by
the County because a permit was obtained:
. Agenda #23, Case # CEAU 20080015502 - BCC vs. Cenous Dorvilien
(c) Under Item IV (B), "Request for Continuance," the following cases submitted
requests:
. Agenda # 6, Case # PR 041620 - BCC vs. Joseph O'Connell
. Agenda # 7, Case # PR 041621 - BCC vs. Joseph O'Connell
. Agenda # 9 - 18, Cases # DAS 11929 through 11938 - BCC vs. Danielle
Smith
Sue Chapin, Secretary to the Special Magistrate noted the following changes:
(d) Under Item V (A), Stipulations were reached in the following cases:
. Agenda # 20, Case # CEPM 20080006857 - BCC vs. Naples Barefoot
Investors, LLC
. Agenda # 3, Case # DAS 11542 - BCC vs. Kathy Crowder
. Agenda # 19, Case # CESD 20080015198 - BCC vs. P. Roberts Trust, 5th
Street Trust
. Agenda # 22, Case # CESD 20080005609 - BCC vs. Maria E. Rodriguez
The Special Magistrate approved the Agellda as am elided, subject to changes made
during the course of the Hearillg at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES
Sue Chapin, Secretary to the Special Magistrate, proposed the following corrections:
2
February 20, 2009
. Under Item VI(A), "Motion for Imposition of Fines:"
o The Case Number for Agenda # 1, BCC vs. Celia Andrade and Jose
Alfaro, was changed from CEDS to "CESD 20080010509,"
o The Case Number for Agenda # 3, BCC vs. Carolina M. Alvarez, was
changed from CEPM to "CERR 20080006426."
The Minutes of the Special Magistrate Hearing held on February 6, 2009 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
8. Request for Continuance
The following two cases were heard together:
6. Case # PR 041620 - BCC vs. Joseph O'Connell
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Mauricio Araquistain was present.
Violations: Code of Law & Ord., Ord. Sec. 130-66
Failure to display paid parking receipt
Violation address: Barefoot Beach access
7. Case # PR 041621 - BCC vs. Joseph O'Connell
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Mauricio Araquistain was present.
Violations: Code of Law & Ord., Ord. Sec. 130-66
Failure to display paid parking receipt
Violation address: Barefoot Beach access
The Special Magistrate reviewed the Respondent's faxed Request for a Continuance.
The Respondent stated he would be out of the country on a business trip from
February 17,2009 through February 24,2009, and attached a copy of his airline
tickets as verification.
Park Ranger Araquistain stated the County did not object to the Request for a
Continuance.
The Special Magistrate GRANTED the Respondent's Requestfor a Continuance
in Cases # PR 041620 and PR 041621.
9. -18. Cases DAS 11929 throul!:h DAS 11938 - BCC vs. Danielle Smith
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Hinkley was also present.
Mike Sorrell appeared as a witness for the Respondent.
Violations: Cases # DAS 11929 through DAS 11937
3
February 20, 2009
Code of Law & Ord.. 2008-51. Sec. 9-E
(I) Deprive any animal of good and wholesome food and water (Cages I
and 2)
(2) Deprive any animal of sufficient quantity of good and wholesome
food and water (Cages 3 - 9)
Case # DAS 11938
Code of Law & Ord.. 2008-31. Sec. 8-1 E
(I) Create sanitary nuisance. Urine and feces around trailer with two
pigs in it
Violation Address: 2335 Wilson Blvd. N.
The Special Magistrate noted the Respondent was represented by Woodward, Harris
& Lombardo, and Esq" who submitted a Request for a Continuance due to a conflict
with the schedule for the attorney of record.
The Respondent stated she received thc Notice of Hearing one week earlier and was
unaware of the specific nature of her attorney's conflict.
The Special Magistrate stated the Respondent's attorney indicated he would not be
available for the next Hearing date as well and asked the Officer if postponing the
Cases for one month would be an issue.
DAS Officer Hinkley stated the matter has been ongoing since 2007. He expressed
concern for the health, safety and welfare of the animals and he objected to an
extended Continuance,
Due to the seriousness of the charges, the Special Magistrate stated she would
continue the cases only to the next Hearing date (March 6, 2009).
The Officer stated there has been a continuing problem with the Respondent not
allowing DAS Officers access to her property to inspect the facilities provided for
the animals.
Mr. Sorrell stated any DAS Officer, except Officer Hinkley, will be allowed access to
the propcrty, He has provided phone numbers to the Department of Animal Services
for the Respondent and himself.
The Special Magistrate stated the Department of Animal Services will arrange for
one visit per week to inspect the Respondent's property and was granted as much
time as necessary to inspect the facilities. If the Respondent has not been contacted
by the Department of Animal Services by the close of business on Monday (5:00 PM),
February 23, 2009, she is to call the Department to schedule an inspection.
The Special Magistrate GRANTED the Respondent's Requestfor a Continuance
and ordered the Cases to be placed on the March 6th Hearing Agenda.
A. Request for Reduction/Abatement of Fines
4
February 20, 2009
1. Case # CEPM 20080003791 - BCC vs. Flozell Sledl!e & Dannv Thomas
The Hearing was requested by Respondent, Danny Thomas, who was present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
also present.
Sharon Howard appeared as a witness for the Respondent Thomas.
Violations: Code of Laws & Ord., Chap. 22, Article VI, Sec,22-231, Sub(s). 1-4,
7-11, 12b, 12i-12m, 120, 12p, 19a-19d, & 20
Rental property with multiple minimum housing violations
Violation address: 413 Gaunt St.
Ms. Howard, a friend of Mr. Thomas, stated she resides at 1202 Mimosa A venue,
lmmokalee, Florida.
Mr. Thomas resides at 317 South 2nd Street, Immokalee, Florida 34142.
. The initial Order, dated October 3, 2008, imposed fines in the amount of
$29,562,75.
. An additional fine in the amount of$7,750,00 was also imposed.
. The Operational Costs were paid by the Respondent.
. Collier County abated the violations at a cost of $3,495.00.
. Respondent, Flozell Sledge, a/k/a Flozell Jones, is deceased but a Probate
proceeding has not been filed with the Court.
. Dorothy Mae Jones, the Decedent's daughter who is also a beneficiary and
resides in a nursing home, was advised of the Hearing by her brother.
The Respondent has asked for the fines to be reduced. He stated medical issues did
not allow him to correct the violations within the allotted timeframe.
Property Maintenance Specialist Joe Mucha stated the County was only interested in
obtaining reimbursement for the costs to abate the violations and would not object to
a reduction.
The Special Magistrate GRANTED the Respondent's Requestfor Reduction of
Fines but assessed the amount of $3,495. 00 as a lien against the property.
The Special Magistrate explained that the County could not foreclose upon the
property, per the Ordinance, for a period of ninety days. The Respondent was
directed to contact Code Enforcement for further assistance.
C. Request for Extension of Time
1. Case # CEPM 20080000939 - BCC vs. Flozell Jones & Dannv Thomas
The Hearing was requested by Respondent Danny Thomas who was present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
also present.
Sharon Howard appeared as a witness for the Respondent Thomas
Violations: Ord. 2004-58, Sec. 16, Sub(s). I(A) -I(C), I (E), leG), I(H), 2(A)
& 2(8)
5
February 20, 2009
Vacant commercial building in deteriorated condition with multiple
property maintenance violations
Violation address: 317 2nd Street, lmmokalee, FL 34142
Property Maintenance Specialist Mucha stated the County did not object to an
Extension of Time being granted to the Respondent.
The Respondent asked for a period of 120 days.
Mr. Mucha verified with the Special Magistrate that the extension will begin on
February 20, 2009 and will not be retroactive to the initial compliance date. No fines
will accrue,
The Special Magistrate GRANTED the Respondent's Requestfor an Extension of
Timefor a period of 120 days commencing on February 20,2009.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $11 8. 22 on or
before March 5, 2009.
Total Amount Due: $118.22
V. PUBLIC HEARINGS
A. Stipulations:
20. Case # CEPM 20080006857 - BCC vs. Naples Barefoot Investors, LLC
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was represented by Roger G. McMorrow, Esq., Counsel for the
Respondent.
Violations: Collier County Code of Laws and Ord., Chapter 22, Sec, 22-241(l)(N)
Accessory structure/storage shed is not being maintained in good repair
and is unsecured.
Violation address: 11574 Tamiami Trail East, Naples, FL 34113
A Stipulation was entered into by Roger G. McMorrow, Esq., on behalf of the
Respondent on February 20, 2009.
Investigator Sorrels stated Mr. McMorrow agreed to the terms of the Stipulation on
behalfofhis client.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Occupancy/Completion, on or before April 20, 2009, or afine
of $/00.00 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 Respondent.
6
February 20, 2009
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 $117.96 on
or before March 20, 2009.
The Respondent is to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.96
3. Case # DAS 11542 - BCC vs. Kathv Crowder
The Hearing was requested by the Collier County Department of Animal Services
Officer Jeremy Harrelson who was present.
The Respondent was also present.
Violations: Code of Laws, Chap, 14, Sec. 14-36, Sub(s), A(2)
Allow dog to run at large
Violation address: 203 Capri Blvd.
A Stipulation was entered into by the Respondent on February 20, 2009.
The Respondent stated she resides at 10] Jamaica Drive.
Officer Harrelson stated the Respondent agreed to the terms of the Stipulation.
Finding the Notice of Hearing was properly served; the Respondent was found
GUILTY of the alleged violation and ordered to pay a civil fine in the amount of
$100.00 and the administrative fee of$7.00 on or before March 20, 2009.
Total Amount Due: $107.00
19. Case # CESD 20080015198 - BCC vs. P. Roberts Trust, 5th Street Trust
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondent was represented by Susan Hornyak as Owner of the Trust.
John Hornyak appeared as a witness.
Violations: Code of Law & Ord., Chapter 22, Sec. 22-26(B) (104.5.1.4.4)
Abandoned or suspended permit
Violation address: 103 5th Street, Naples, FL 34] 13
A Stipulation was entered into by Susan Horynak, Trust Owner, on behalf of the
Respondent, Paul Roberts - Trustee, on February 20, 2009.
Susan Hornyak stated she is the owner of the Trust and the correct name is "5th Street
Trust, Paul Roberts - Trustee,"
Mr. Hornyak is the builder of the property in the Trust
7
February 20, 2009
Investigator Mucha stated the original permit had expired.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain a Collier County Building
Permit, all required inspections and a Certificate of Occupancy/Completion, on or
before August 20,2009, or afine of $200. 00 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 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 $117.52 on
or before March 20, 2009.
The Respondent is to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.52
22. Case # CESD 20080005609 - BCC vs. Maria E. Rodril!uez
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was also present.
Denisse Bueno, the Respondent's granddaughter, served as translator.
Violations: Collier County Land Development Code 04-41, as amended, Section
I 0.02.06(B(1 )(A)
Shed on propert~ with no permits
Violation address: 2364 55' Street SW, Naples, FL 34116
A Stipulation was entered into by the Respondent on February 20, 2009.
Investigator Paul stated Mrs. Rodriguez agreed to the terms of the Stipulation and to
pay the Operational Costs.
The Special Magistrate asked the Respondent if she had enough time to obtain a
permit and abate the violation. Ms. Bueno explained that, under the first permit, the
sides of the shed had been removed and only the roof was left,
In order to avoid confusion, the Special Magistrate revised the terms of the
Stipulation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to complete demolition of the
remainder of the shed on or before March 20, 2009, or afine of$100.00 will be
imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
8
February 20, 2009
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 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 $117.43 on
or before April 20, 2009.
The Respondent is to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.43
8. Hearings:
8. Case # SO 165428 - BCC vs. Arthur Herman
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Department Deputy Paige Long was also present.
Violations: Code of Law & Ord., Ord. Sec. 130-67
Parking in a handicapped space hash marks. No motor.
Violation address: In front of Gateway Bealls
Mr. Herman resides at 27760 Marina Isle Court, Bonita Springs, Florida 34134.
The Respondent stated he parked his scooter in an area with hash marks since the
parking lot was full. The area was not outlined in blue, as is the handicapped space,
and he did not realize it was considered part of the handicapped parking space. He
offered two photographs which were marked as Respondent's Exhibits "A" and "B."
Mr. Herman stated he may be guilty of unlawful parking, and offered a copy of
Florida Statutes' Handicapped Parking Regulations for the Special Magistrate to
review.
Deputy Long stated she observed the scooter parked in the hash marked area which is
part of the handicapped parking space and issued the Citation.
The Special Magistrate reviewed the document and found some ambiguities in the
language. The Special Magistrate stated she would "take the matter under
advisement" in order to research current case law,
The Special Magistrate CONTINUED the case until further notice.
The following two cases were heard together:
1. Case # DAS 11537 - BCC vs. Michael Castellano
The Hearing was requested by the Respondent who was present.
9
February 20. 2009
Collier County Department of Animal Services Officer Jeremy Harrelson was also
present.
Violations: Code of Laws, Chap. 14, Sec. 14-34, Sub(s). A(4)
Failure to affix tags
Violation Address: 203 Capri Blvd,
2. Case # DAS 11535 - BCC vs. Michael Castellano
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Jeremy Harrelson was also
present.
Violations: Code of Laws, Chap. 14, Sec. 14-36, Sub(s). A(2)
Allow dog to run at large
Violation Address: 203 Capri Blvd.
Mr. Castellano resides at 256 Meadowlark Court, Marco Island, Florida.
The Respondent stated he does not own a dog and should not have been issued the
Citations. He is the owner of the "Capri Fish House" on the Isle of Capri and stated
that dogs often run loose on the neighboring County lot. The DAS Officer was
initially on the neighboring property and then came over to his restaurant. The DAS
Officer did not approach him, but confronted a customer whose own dog was running
loose. The Respondent stated the conversation escalated into an argument and he
feared for the safety of both men. He asked the DAS Officer to leave the premises.
The DAS Officer requested police back-up
Mr. Castellano stated he informed the DAS Officer that he did not own a dog.
DAS Officer Harrelson stated the Respondent told him the dog belonged to his
brother. The Officer observed a tan dog which narrowly escaped being hit by two
cars. It ran around the firehouse and was joined by other dogs which then ran onto
the Respodent's property, He asked for the owners of the animals to confine their
dogs. Ms. Crowder complied but the Respondent and his customer refused. The
Respondent stated dogs did not have to be confined on his property.
The Officer stated he attempted to educate the Respondent and his customer
concerning the Leash Law but they refused to allow him to speak, and used profanity.
When he asked the gentlemen for their identification, they stated they would only
provide the information to a police office. He confirmed the confrontational
atmosphere and called for assistance from the Collier County Sheriffs Office in
addition to contacting his Supervisor at DAS. The Deputy was able to obtain the
identification and the Officer wrote the Citations.
The Respondent threatened to punch Officer Harrelson in his face and stated he might
have done so if the Deputy had not been present.
10
February 20, 2009
The Respondent stated his brother, Anthony, brings the dog with him to the beach and
allows the dog to run loose, He reiterated there are numerous dogs at the beach and
confimed that his brother's dog does have tags.
The Special Magistrate explained to the Respondent that he is considered to be a
caretaker for the animal because he watches over the dog for his brother and he is
guilty of the violation, The Special Magistrate stated the Citation was correctly
issued.
The Special Magistrate ruled that because the dog did have current tags, the
Respondent was NOT GUILTY of the violation cited in Case #DAS 11537.
Finding the Notice of Hearing was properly served in Case # DAS 11535, the
Respondent was found GUILTY of the alleged violation and ordered to pay a civil
fine in the amount of$lOO.OO together with an administrative fee of$7.00 on or
before March 20, 2009.
Total Amount Due: $107.00
The Respondent stated he would not pay the fine and would take the issue to Court.
The Special Magistrate confirmed the Respondent could appeal to the Collier County
Circuit Court.
The Special Magistrate also explained her only concern was whether or not the
Ordinance had been violated. Any issues regarding the manner in which the
investigation was conducted will be handled in another Court.
21. Case # CEPM 20080015913 - BCC vs. Bernadino Guerrero, Jr.
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was present.
The Respondent was also present
Helen Guerrero, the Respondent's mother, appeared as a witness.
Violations: Collier County Code of Laws and Ord., Chapter 22, Sec. 22-26(I03,Il.l)
Unsafe buildings / structures
Violation address: 1407 Apple St., Immokalee, FL 34142
Investigator Santafemia stated the Notice of Violation was sent via Certified Mail
on November 7, 2008, and the U.S. Postal Services provided proof of delivery on
November 12, 2008. The property and Immokalee Courthouse were also posted.
The violation has not been abated. The Respondent was served the Notice of Hearing
by Property Maintenance Specialist Joe Mucha on February 11,2009.
The Investigator introduced a copy of the County's "Declaration of Dangerous
Building," dated October 20, 2008, which was marked as County's Exhibit "A"
and admitted into evidence. He also introduced photographs which were marked
as County's Composite Exhibits "B" and "C," and were admitted into evidence,
The lnvcstigator stated the Respondent confirmed he will demolish the structure.
II
February 20, 2009
The Respondent stated his brother has the equipment necessary and will help him
demolish the building. He requested a minimum of 45 days to complete the
demolition.
The Special Magistrate suggested that the Respondent post "No Trespassing" signs
on the property as a warning.
The Respondent stated no one has trespassed on the property and his mother lives
next door.
Mrs. Helen Guerrero confirmed that she lives with the Respondent and his children,
and is home during the day. She reported her sons attempted to repair the property by
installing a newer roof. She stated she will call the police ifthere are trespassers on
the property.
Finding the Notice of Hearing was properly served; the Respondent was found
GUILTY of the alleged violation(s) and ordered to immediately post "No Trespass"
signs on the property and to apply for a Collier County Boarding Permit. Posting
and boarding must be completed and a Boarding Certificate obtained on or before
February 25,2009.
The Respondent was further ordered to obtain a Collier County Demolition Permit,
required inspections and a Certificate of Completion on or before April 6, 2009,
or afine of $250. 00 per day will be imposedfor each day the violation remains
thereafter, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
lfthe 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 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 18.31 on
or before April 6, 2009.
The Respondent is to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $118.31
RECESS: 11:32 AM
RECONVENED: 11:54 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines
4. Case # CESD 20080009496 - BCC vs. Wallace R. Parker Tr., Steve H.
Parker Tr., & Wallace Parker Tr., UTD 8-2-96
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Jonathan Musse.
The Respondents were represented by Brent R. Parker, son of Wallace R. Parker,
deceased.
12
February 20, 2009
Violations: Florida Building Code, 2004 Edition, as adopted by Collier Co., Sec. 105.1
Constructed a wooden fence without first obtaining proper Collier Co.
permits
Violation address: 85 7th Street, Bonita Shores, 34134
Brent R. Parker resides at 11325 Sun Ray Drive, Bonita Springs, Florida 34135, and
explained the Trust is entitled, "Wallace R. Parker Trust." Steve H, Parker is the
Trustee and resides in Illinois. He further stated the property was deeded to him but
the deed has not been recorded.
The Special Magistrate reviewed the Trust document provided by Mr. Parker. He
was instructed to provide a copy of the Trust to Inspector Musse.
Mr. Parker contended that he did not receive proper notice of the Hearing. He stated
he became aware of the Hearing date because a next-door neighbor called him to
notify him that the Code Enforcement Inspector was at his property,
Supervisor Waldron stated the Notice of Hearing was sent via Certified Mail to the
violation address on February 10,2009 and proof of delivery on February 13,2009
was confirmed by the U,S. Postal Service. The signature was illegible.
Mr. Parker stated he provided his mailing address and phone number to Inspector
Musse at the November 4, 2008 Hearing, He stated a tenant lives at the property.
He stated he could not attend the Hearing and was waiting for Mr. Musse to contact
him with the alleged violations and what was to be done to correct the violations. He
further stated he did not receive any Notice concerning violations or any options
concerning curing the alleged violations.
In response to the Special Magistrate's question, Mr. Parker stated he met with the
Investigator in the hallway on November 4th [Note: the Hearing was held on
November 7, 2009] and thought they had reached a verbal Stipulation. He explained
that his father was very ill at the time and he just learned of the "November 4th
Hearing" because the paperwork had been sent to the tenant who did not forward the
documents to Mr. Parker's father.
The pertinent portions of the Minutes of the November 7th Hearinl! are as follows:
"The Respondents' son, Brent Parker, was present earlier but left
[Due to afamily emergency] before the case could be heard.
The Investigator stated he spoke to the Respondent's son on November 3'd
who informed him that his father was very ill."
The Special Magistrate asked if the Minutes reflected that a "Stipulation" had been
reached in the case.
On November 7th, no Stipulation had been introduced and the matter proceeded as a
"Hearing" without Mr. Parker's presence since he chose to leave prior to the start of
the Hearing for his case,
13
--..-..-.--,.--------"--------'
February 20, 2009
The Investigator stated he did not recall receiving any address information from Mr.
Parker and reminded him that it was his responsibility to provide a current address to
the Tax Collector's Office. The Investigator further stated he informed Mr. Parker
that he would receive an Order via mail after his case was heard.
The Special Magistrate stated the Notice given complied with the requirements of the
Ordinance.
Investigator Musse stated the shed has been completely removed, but a Demolition
Permit had not been obtained, as ordered. He confirmed compliance by a site
inspection.
Mr. Parker stated the fence has been disassembled and the shed, which is mobile, was
relocated. He called the Investigator and left a voice message for him to inspect the
property.
Mr. Parker stated he met with Investigator Musse during the Hearing recess on
November 7th and told him that he was willing to comply but he didn't know what he
was supposed to do.
The Special Magistrate stated an Agreement could not have been entered into because
Mr. Parker admitted he didn't understand the terms. She explained the reason why a
Stipulation is written and signed by a Respondent is to confirm the terms of the
Agreement with all parties, If an "Oral" Stipulation is to be presented at a Hearing, a
Respondent should be present. She noted Mr. Parker chose to leave before his case
was heard.
The initial Order was issued on November 7, 200S.
The County requested imposition of Operational Costs in the sum of$II7,60,
together with fines in the amount of$3,700.00 for the period from December S, 200S
through February 20, 2009 ($50/day for 74 days) for a total of$3,SI7.60.
Supervisor Waldron stated the violation has not been abated.
Mr. Parker asked the Special Magistrate for a "Motion to Abate the Fines and Vacate
the Order."
The Special Magistrate stated a "Motion to Vacate an Order" is to be submitted in
writing and the deadline to do so had been missed, .
Mr. Parker stated he has been unemployed for the past year and is unable to pay any
fines. He further stated he would appeal the Order to the Appellate Court. He stated
the situation escalated because of lack of communication.
The Special Magistrate told Mr. Parker he had not done everything as ordered due to
a lack of understanding because of his inability to listen.
The Investigator stated he told Mr. Parker on November 7'h of the recommendation he
would make during the Hearing and what was required, but nothing had been done
until recently.
The Special Magistrate asked Mr. Parker why he waited and did not contact the
Investigator directly. His excuse was not credible.
14
February 20, 2009
Mr. Parker stated he became aware of the issue only three days prior to the November
7th hearing. He stated he didn't realize he should have remained for the Hearing. He
understood that the Investigator was going to notify him after the Hearing exactly
what he was supposed to do.
Mr. Parker stated he was presented with options that were not clear - could he, in
fact, obtain an "after the fact" permit and was it for building or demolition. He was
waiting for clarification from the Investigator.
The Special Magistrate again reiterated the County met its obligations.
Mr. Parker restated that he was not in violation of anything and would appeal the
Order.
The Special Magistrate stated his threat to appeal would have no bearing on her
decision.
Supervisor Waldron stated Mr. Parker is not in compliance and the fines will continue
to accrue,
Investigator Musse explained the required process:
. The remaining portions of the fence are to be removed
. Mr. Parker must obtain a demolition permit for the fence and the shed.
. He must obtain a Certificate of Completion by requesting an inspection
. The fines will stop accruing once the inspection has been completed.
Mr. Parker stated it was difficult to obtain a permit for a structure that no longer
exists. He further stated he disassembled the fence in order to obtain a permit to
place it around the "green monsters." [i.e., trash cans]. He stated he would take care
of whatever was necessary. He requested a two-week extension.
Mr. Musse stated the Order allowed Mr. Parker to obtain a permit to erect the fence in
another location on the property, but he still was required to obtain the Demolition
Permit.
Supervisor Waldron stated Mr. Parker will be required to hire a contractor to obtain
the permits because he is not the owner of record of the property.
The Special Magistrate ruled the case will be CONTINUED to March 6, 2009, and
fines will continue to accrue. If there is complete compliance by the deadline, all
fines will be abated. Operational Costs of $117.60 are still due and must be paid.
If there is no compliance, the original fine of $3,700.00, plus all additional accrued
amounts, will be reinstated.
The Special Magistrate instructed Mr. Parker to complete the requirements before
March 6th and request that Investigator Musse inspect the property to confirm
compliance, [fthat is accomplished, Mr. Parker will not be required to attend the
15
February 20, 2009
Hearing. The Special Magistrate stated she would then enter an Order requiring only
the payment of the assessed Operational Costs on March 6, 2009.
David Scribner, Code Enforcement Investigation Manager, stated the property is a
rental property. If the deed is in his name, Mr. Parker could obtain an owner/builder
permit and it would not be necessary to hire a contractor.
The assessed Operational Costs still remain and are to be paid,
Mr. Parker confirmed his understanding and asked how to handle a delay if the
County could not issue a permit in time. He was instructed to obtain a letter from the
County stating the permit will be issued as of a specified date which he will be
required to present at the March 6th Hearing.
The Special Magistrate reminded Mr. Parker he has been officially notified of the
compliance requirements and if they were not met, he will be required to attend the
March 61h Hearing.
5. Case # CESD 20080009498 - BCC vs. Wallace R. Parker, Tr., Steve H.
Parker, Tr., & Wallace Parker Tr., UTD 8-2-96
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Jonathan Musse.
The Respondents were represented by Brent Parker, son of Wallace R. Parker,
deceased.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(S).1O.02.06(B)(l)(A), 10.02.06(B)(1 )(E) & I 0.02.06(B)(1 )(E)(I)
Shed built without obtaining proper Collier Co. permits
Violation address: 85 7th Street, Bonita Shores, 34134
The initial Order was issued on November 7, 2008.
Supervisor Waldron stated the violation has not been abated.
The County requested imposition of Operational Costs in the sum of$117.69,
together with fines in the amount of $3,700.00 for the period from December 8, 2008
through February 20,2009 ($50/day for 74 days) for a total of $3,817.69.
Mr. Parker stated he would obtain a demolition permit and comply. He stated the
structure has been removed.
The Special Magistrate ruled the case will be CONTINUED to March 6, 2009, and
fines will continue to accrue. If there is complete compliance by the deadline, all
fines will be abated. Operational Costs of $117.69 are still due and must be paid.
If there is 110 compliance, the original fine of $3,700.00, plus all additional accrued
amounts, will be reinstated.
16
February 20, 2009
A fine of $50,00 per day will begin and will continue to accrue until the requirement
to obtain a demolition permit and the Certificate of Compliance has been satisfied.
V. PUBLIC HEARINGS
8. Hearings:
24. Case # CEPM 20090000171 - BCC vs. Jill & Henrv Tesno
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondents were not present
Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section
22-243
Repeat violation of vacant residential home with broken windows and
unsecured exterior doors creating a public nuisance.
Violation address: 3203 Woodside Ave., Naples, FL 34112
The Notice of Hearing was sent via Certified Mail on February 9, 2009. The property
and the Courthouse were posted on February 9,2009,
Investigator Keegan stated he observed the violation on January 6, 2009. It is a
Repeat Violation. He has been unable to contact the Respondents via telephone. The
Bankruptcy proceeding was dismissed on February 7, 2009, Site visits were made on
February 9,2009 and February 19, 2009, The violation has not been abated.
Finding the Notice of Hearing was properly served; the Respondents were found
GUILTY of the alleged violation(s) and ordered to pay a civil penalty in the amount
of $5,000.00.
The Respondents were also ordered to apply for a Boarding Permit. Boarding must
be completed and a Certificate obtained on or before February 25,2009,
or afine of $250. 00 per day will be imposed for each day the violation remains
thereafter, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondents were further ordered to hire a licensed contractor and obtain
either a Collier County Building Permit or a Collier County Demolition Permit,
required inspections and a Certificate of Occupancy/Completion on or before
February 27,2009 or afine of $250. 00 per day will be imposed for each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requested from the Collier County SherifFs Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.87 on
or before March 20, 2009.
The Respondents are to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
17
February 20, 2009
Total Amount Due: $5,117.87
C. Emergency Cases: None
RECESS: 12.54 PM
RECONVENED: 1 :00 pm
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. Case # 2007070238 - BCC vs. William L. Greeman
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Christopher Ambach.
The Respondent was not present.
Violations: Collier County Ordinance 2005-44, Sec. 6 & 7
Accumulation of litter
Violation address: Parcel # 01210520007
Notice of the Hearing was sent via Certified Mail and delivered on February 12,2009.
The property and the Courthouse were posted on February 10, 2009.
The initial Order was issued on December 7, 2007.
Supervisor Waldron stated the violation was abated on January 7, 200S,
The County requested imposition of Operational Costs in the sum of $247,S6.
The Special Magistrate GRANTED the County's Requestfor Imposition of Pines
in the total amount of $247. 86.
2. Case # 2007070239 - BCC vs. William L. Greeman
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Christopher Ambach.
The Respondent was not present.
Violations: Collier County Ordinance 2004-41, as amended, Sec(s). 2,01.00(A)
Unlicensed/inoperable vehicles
Violation address: Parcel # 01210520007
Notice of the Hearing was sent via Certified Mail and delivered on February 12,2009,
The property and the Courthouse were posted on February 10,2009.
The initial Order was issued on December 7, 2007.
Supervisor Waldron stated the violation has not been abated.
The County requested imposition of Operational Costs in the sum of $247,S6,
together with fines in the amount of$21,650.00 for the period from December 15,
2007 through February 20,2009 ($50/day for 433 days) for a total of$21,S97.S6.
18
______,~.___<_,___.~"__.._"_"~.__"_"._ .....____w'"_._
February 20, 2009
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $21,897.86, and noted fines continue to accrue.
3. Case # 2007030278 - BCC vs. Everardo G. and Graciela C. Guzman
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Christopher Ambach,
The Respondents were not present.
Violations: Collier County Ordinance 2004-41, as amended, Sec(S) 2.01.00(A)
Unlicensed/inoperable vehicles
Violation Address: 510 Auto Ranch Road, Naples, FL 34114
Notice of the Hearing was sent via Certified Mail and delivered on February 12, 2009.
The property and the Courthouse were posted on February 10, 2009.
The initial Order was issued on November 2,2007.
Supervisor Waldron stated the violation was abated on January 2S, 200S.
The County requested imposition of Operational Costs in the sum of $277.45,
together with fines in the amount of $6,600 for the period from November 24, 2007
through January 2S, 200S ($IOO/day for 66 days) for a total of$6,S77.45.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of$6,877.45.
VII. OLD BUSINESS:
A. Request to Forward Cases to County Attorney's Office
I. CASE NO: CEV20080007718
OWNER: Jill J. Weaver and Henry Tesno
2. CASE NO:
OWNER:
CEPM20080007719
Jill J. Weaver and Henry Tesno
3. CASE NO:
OWNER:
2007070463
Jill J. Weaver
4. CASE NO:
OWNER:
2006100087
Jill J. Weaver
5. CASE NO:
OWNER:
2006100085
Jill J. Weaver
6. CASE NO:
OWNER:
2007100819
Jill J. Weaver
19
._~_,__,._.^._....~.. .._..m___..____..w________..__.__
7. CASE NO:
OWNER:
8. CASE NO:
OWNER:
9. CASE NO:
OWNER:
10. CASE NO:
OWNER:
11. CASE NO:
OWNER:
12. CASE NO:
OWNER:
13. CASE NO:
OWNER:
14. CASE NO:
OWNER:
15. CASE NO:
OWNER:
16. CASE NO:
OWNER:
17. CASE NO:
OWNER:
18. CASE NO:
OWNER:
19. CASE NO:
OWNER:
20. CASE NO:
OWNER:
21. CASE NO:
OWNER:
22. CASE NO:
OWNER:
February 20, 2009
2007080702
Jill J. Weaver and Henry Tesno
2007020244
Henry Tesno and Jill Weaver
2006081081
Henry Tesno and Jill Weaver
2007040275
Henry Tesno and Jill J. Weaver
2007030057
Henry Tesno and Jill Weaver
2007080079
Jill J. Weaver and Henry Tesno
2007050039
Henry Tesno and Jill Weaver
2007100196
Jill J. Weaver
2006100692
Jill J. Weaver
2007090202
Jill J. Weaver
2007080993
Jill J. Weaver and Henry Tesno
2007080937
Jill J. Weaver
2007080921
Jill J. Weaver
2007090022
Jill J. Weaver
CEPM20080007987
Jill Weaver and Henry Tesno
2006110049
Jill Weaver and Henry Tesno
20
February 20, 2009
23. CASE NO: 2007070379
OWNER: Jill J. Weaver and Henry Tesno
24. CASE NO: 2007080081
OWNER: Jill J. Weaver and Henry Tesno
25. CASE NO: 2007070378
OWNER: Henry Tesno and Jill Weaver
The Special Magistrate GRANTED the County's Request to forward the above-
referenced Cases to County Attorney's Office subject to submission of an Executive
Summary.
VIII. CONSENT AGENDA: None
IX. REPORTS: None
X. NEXT HEARING DATE - Friday, March 6, 2009 at 9:00 AM
The Hearing will be located at the Collier County Government Center; Administrative
Buildi1lg "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 of the Special Magistrate at 1:10 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate, Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented _, or as amended _'
21