CESM Minutes 03/20/2009
March 20, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, March 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
ALSO PRESENT:
Jennifer Waldron, Code Enforcement Investigative Supervisor
Michele McGonagle, Administrative Secretary
March 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: 9:15 AM
RECONVENED: 9:30 AM
n. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, noted the following
changes:
(a) Under Item V (B), "Hearings," numbers were changed in the following cases:
. Agenda # 8, Case # CENA 2008001656~ - BCC vs. James & Debra
Gadsden
. Agenda # 9, Case # CESD 20080014169 - BCC vs. George Faucher, the
Permit Number was changed to 2002070419
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County as requested by the Deputy/Investigator/Park Ranger:
. Agenda # 3, Case # SO 164639 (CEEX 20090002268) - BCC vs. Dale Wilhelm
. Agenda # 5, Case # PR 040304 (CEEX 20090002266) - BCC vs. Robert J.
Geomin
. Agenda # 7, Case # PR 040189 (CEEX 20090002261) - BCC vs. Edward
Dunphy
(c) Under Item V (B), "Hearings," the following case was DISMISSED by the
County due to payment:
. Agenda # 1, Case # SO 165603 (CEEX 20090002264) - BCC vs. Thomas
F. Green
(d) Under Item VI (A), "Motion for Imposition of Fines," the following case was
DISMISSED by the County due to payment:
. Agenda #1, CEV 20080004863 - BCC vs. Rubin Delva & Claudin Das
(e) Stipulations were reached in the following cases under Item V (A):
. Agenda # 10, Case # CESD 20080013392 - BCC vs. Miramar Beach &
Tennis Club, Inc.
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.
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March 20, 2009
III. APPROVAL OF MINUTES
Agenda #22, Case # 20080014195 - BCC vs. Ester M. & Jorge L. Torres,
Should state: to construct a temporary barrier 011 or before March 9th and to obtain a
Collier County Bldg Permit, all required inspections, & a Certificate of Completion, on
or before April 6th.
Agenda #18, Case # 20080002176 - BCC vs. John Bigica & Donald Warren,
Violation address was incorrect on the Agenda and changed by the Investigator
during the Hearing to 204 Singletary Street.
The Minutes of the Special Magistrate Hearing held on March 6,2009 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Request for Reduction! Abatement of Fines - None
B. Request for Continuance - None
C. Request for Extension of Time - None
V_ PUBLIC HEARINGS
A. Stipulations:
10. Case # CESD 20080013392 - BCC vs. Miramar Beach & Tennis Club, Inc.
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was represented by Benjamin Heatherington, as Club General
Manager.
Violations: Collier County Land Development Code 2004-41, as amended, Sec(s).
1O.02.06(B)(l )(A), 1O.02.06(B)(1 )(E) & 1O.02.06(B)(1 )(E)(I)
Permit #920004509 for a boardwalk was issued on April 16, 1992
and expired on October 16, 1992 without obtaining a Certificate of
Completion.
Violation address: 105 Shell Drive, Bonita Springs
A Stipulation was entered into on March 20, 2009 by Benjamin Heatherington, Club
General Manager, on behalf of the Respondent.
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 Completion, on or before May 4,2009, or afine of$l 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.
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March 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. 70 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: $117.70
B. Hearings:
11. Case # CENA 20090001013 - BCC vs. Jean Claude Martel
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was also present
Violations: Collier County Code of Laws and Ord., Chapter 54, Article VI, Sec(s).
54-179,54-180, and 54-181
Repeat Violation oflitter
Violation address: 3190 Karen Drive
The Respondent resides at 3190 Karen Drive, Naples, FL 34112.
Investigator Keegan inspected the premises on January 30, 2009, March 2, 2009, and
on March 19,2009, and the violation had not been abated.
He introduced 14 photographs which were marked as County's Composite Exhibits
"A" through "G," and admitted into evidence.
The Respondent stated he will move items to Fort Myers to sell as soon as he can
borrow a truck. He claimed the County has "ruined his life." He stated he wanted his
property back or he would "be a real bad boy."
The Special Magistrate stated she would not accept a threat from the Respondent.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to pay a civil penalty of$5, 000. 00.
The Respondent was further ordered to remove all litter to a designated waste
disposal facility, or store all litter in a completely enclosed structure, on or before
April 20,2009, or a fine of $3 00. 00 will beimposedfor 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.
The County will schedule appointments for Contractors to inspect the property
from April 13 - 17, 2009, and the Respondent will allow the Contractors access
to his property.
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March 20, 2009
lfnecessary, 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 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: $5,117.78
4. Case # PR 040255 (CEEX 20090002263) - BCC vs. Vincent L. Tirelli
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Sherman Bum was also present.
[The Park Ranger corrected his surname: B-u-r-r.]
Violations: Code of Law & Ord., Ord. Sec. 130-67
Parking in a handicapped space
Violation address: Vanderbilt turn-around loading zone
The Respondent's address: 64th Street, Unit 202B, Box 20, Bonita Springs, FL 34134
[No street number was indicated.]
The Respondent stated the area between the handicapped signs was not posted by
a "No Parking" sign or designated as a handicapped parking space. He thought he
parked in a loading/unloading zone, and was unaware his vehicle was in the access
lane for handicapped parking. He mentioned he has a handicapped parking pennit
for his vehicle, issued by the State of New York.
Park Ranger Burr introduced three photographs which were marked as County's
Exhibits "A" through "C," and admitted into evidence.
The Special Magistrate explained that Florida Statutes, adopted by Collier County,
assess the same penalty to all handicapped parking violations whether the violation
occurred in the designated space, outlined in blue paint, or in the adjacent access area.
She stated the Respondent admitted parking in the handicapped access area
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to pay a civil penalty of $250.00
and an administrative fee of $5.00, on or before April 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 $50. 00 on
or before April 20, 2009.
Total Amount Due: $305.00
6. Case # PR 042353 (CEEX 20090002262) - BCC vs. Michael J. Gibbs
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
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March 20, 2009
Violations: Code of Laws & Ord., Sec. 130-66
Unlawful area
Violation address: Golden Gate Community Park
[The Investigator stated the Violation is Section 130-66(2)(i)]
The Respondent resides at 4516 SW Santa Barbara Place, Cape Coral, FL 33912.
The Respondent stated he arrived at Golden Gate Community Park at approximately
11 :30 AM. It was the first time he had been to the Park, and the lot was full. He
stated the parking lot is not properly signed. He stated there is one small sign, which
can be easily obscured if a vehicle is parked next to it.
Park Ranger Gorniak stated a ramp for small boats has been built at Golden Gate
Community Park to provide access to the canal. The parking spaces are long enough
to accommodate a car/truck with an attached boat trailer. He introduced photographs,
taken at 2:05 PM, which were marked as County's Exhibits "A" through "D," and
entered into evidence. He stated the parking lot was virtually empty and signs are
posted at both ends of the lot.
The Respondent stated the boat ramp is not visible and no vehicles with trailers were
parked in the lot when he arrived. He further stated the fee is not the issue - the signs
should be larger and more obvious.
The Special Magistrate reviewed the County's evidence and stated the wording of the
signs is confusing, and there were no directional arrows indicating the location of the
"center lanes." She further stated the signs are poorly located and may not give
sufficient notice to a motorist entering the parking lot.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUlL TY of the alleged violation.
A discussion ensued concerning potential locations for the signs. The Park Ranger
Stated he will bring the suggestions to the attention of the Golden Gate Community
Center and complete a Work Order to facilitate sign relocation.
9. Case # CESD 20080014169 - BCC vs. GeOfl!e Faucher
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was also present
Violations: Collier County Land Development Code 2004-41, as amended, Sec(s).
1O.02.06(B)(l )(A), 1O.02.06(B)(l )(E) & 1O.02.06(B)(l )(E)(I)
Permit #2007070419 for a pool enclosure was issued on July 6,2000
and expired on January 2,2001 without obtaining a Certificate of
Completion.
Violation address: 311 Conners Avenue
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March 20, 2009
[The Permit Number was changed to 200Q070419, per amendment to the Agenda.]
The Respondent resides at 311 Conners Avenue, Naples, Florida.
Investigator Musse spoke with the Respondent on October 14, 2008. The Respondent
stated he would re-apply for a permit as soon as he had funds to do so. Proof of
delivery of the Notice of Violation, on November 26, 2008, was provided by the U.S.
Postal Service. On March 5, 2009, the Investigator stated he spoke with the
Respondent and posted the Notice of Hearing at the property and the Courthouse.
The Respondent informed the Investigator the pool cage did not meet the set-back
requirements by three or four inches. He could not apply for a variance because he
could not afford the fee ($1,000). The Investigator stated the violation has not been
abated.
The Respondent further stated he was not informed of any Code violations when he
purchased the property in 2000. The violation has existed for ten years. He stated he
will correct the violation but requested additional time because he is unemployed.
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 Completion, on or before July 20,2009, or a fine 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.
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.
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 $117.70 on
or before July 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: $117.70
The Special Magistrate advised the Respondent, ifhe could not abate the violation
by early June, he can submit a written Motion for Extension of Time to Code
Enforcement for her consideration.
8. Case # CENA 20080016563 - BCC vs. James & Debra Gadsden
The Hearing was requested by Collier County Code Enforcement Supervisor Kitchell
Snow who was present.
The Respondents were not present
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March 20, 2009
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sec(s).54-181
and 54-179
Unauthorized accumulation of litter and litter declared to be a public
nUIsance
Violation address: 620 Maple Drive, lmmokalee
[The Case Number was changed to CENA 20081656~, per amendment to the
Agenda.]
Supervisor Kitchell asked to add Scotty L. Gadsden as a party because he is the
Guardian of James Gadsden. He introduced a copy of an Order on Petition, dated
May 4,2006, which indicated Scotty L. Gadsden was the legal guardian of James
Gadsden. The Order was marked as County's Exhibit "A" and admitted into
evidence.
The Notice of Hearing was posted at the property and the Courthouse on March 6,
2009.
Supervisor Kitchell introduced seven photographs which were marked as County's
Exhibits "B" through "H," and admitted into evidence.
Corporal Michael Taylor, Collier County Sheriffs Office, outlined the conditions of
the vacant mobile home and stated he found drug paraphernalia and signs of
prostitution. It is a health and safety issue.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and ordered to remove all litter to a designated
waste disposalfacility on or before March 27, 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.
The Respondents were further ordered to obtain a Collier County Demolition
Permit, all required inspections, and a Certificate of Completion on or before
March 27, 2009, or a fine 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 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.
The County is authorized to remove any squatters from the premises prior to
demolition.
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 $117.87 on
or before April 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.
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March 20, 2009
Total Amount Due: $117.87
2. Case # SO 149311 (CEEX 20090002267) - BCC vs. Clive A. Fil!ueira
The Hearing was requested by the Respondent who was not present.
Collier County Sheriffs Office Deputy P. Hughes was not present.
Violations: Code of Law & Ord., Ord. Sec. 130-66 (I)(H)
Parking in a fire lane
Violation address: 15215 Collier Blvd., Adams Dry Cleaners
Supervisor Waldron stated the U.S. Postal Service confirmed delivery of the Notice
of Hearing on March 11, 2009.
The Special Magistrate ordered the case to be CONTINUED, and the parties will be
notified of the new Hearing Date - April 3, 2009.
12. Case # CEV 20090001402 - BCC vs. Rufina Cruz & Moises Hernandez
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondents were not present
Violations: Collier County Land Development Code, Ord. 04-41, as amended,
Sec(s).2.01.00(A)
Unlicensed/inoperable vehicle parked/stored on residential zoned
property
Violation address: 3165 Van Buren Avenue
Supervisor Waldron stated the property and the Courthouse were posted on March 6,
2009. Proof of delivery of the Notice of Hearing on March 10,2009 was provided by
the U.S. Postal Service.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing was properly served and finding the violation did
exist but was CORRECTED prior to the Hearing, the Respondents were found
GUILTY of the alleged violation and were ordered to pay the Operational Costs
incurred by Code Enforcement during the prosecution of this case in the amount
of $117.78 on or before April 20, 2009.
Total Amount Due: $117.78
RECESS: 11:17 AM
RECONVENED: 11:27 AM
V. PUBLIC HEARINGS
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March 20, 2009
B. Hearings:
13. Case # CEDS 20080010511 - BCC vs. Allan Perdomo
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondent was not present
Violations: Collier County Land Development Code, 2004-41, as amended, Sec(s).
1O.02.06(B)(1 )(A)
Unpermitted storage shed on residential property
Violation address: 1990 50th St. SW, Naples
Investigator Paul stated the Notice of Violation was posted at the property and the
Courthouse on September 15, 2008. The Notice of Hearing was posted at the
property and the Courthouse on March 5, 2009.
The Respondent applied for a Demolition Permit on November 5, 2008. The permit
was issued ("Ready Status") by the County, but the Respondent did not pay the fee
and retrieve it. The Respondent removed the shed without the permit. The work has
not been inspected and a Certification of Completion has not been issued.
The Investigator introduced four photographs which were marked as County's
Exhibits "A" through "0," and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain the "Ready Status" Collier
County Demolition Permit by paying the permitfee.
The Respondent was further ordered to remove all accumulated debris from the
property, and obtain all required inspections, and a Certificate of Completion, on
or before April 20, 2009, or afine of $50. 00 will be imposedfor each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.87 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: $117.87
C. Emergency Case - NONE
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # CELU 20080000518 - BCC vs. Enord Dorilus & Joseph Sauvelune
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March 20, 2009
The County was represented by Code Enforcement Investigator Renald Paul.
The Respondents were not present.
Violations: Collier County Land Development Code, 2004-41, as amended, Sec(s).
2.02.03
Refrigerator stored in drivewy
Violation address: 2000 48th Street SW
The initial Order was issued on May 2, 2008.
Investigator Paul stated the violation has been abated, and the County requested
payment of Operational Costs only in the sum of$249.08.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $249.08.
3. Case # CEV 20080000517 - BCC vs. Enord Dorilus & Joseph Sauvelune
The County was represented by Code Enforcement Investigator Renald Paul.
The Respondents were not present.
Violations: Collier County Land Development Code, Ord. 04-41, as amended,
Sec(s).2.01.00(A)
Unlicensedlinoperable vehicle parked/stored on residential zoned
property
Violation address: 2000 48th Street SW
The initial Order was issued on May 2, 2008.
Investigator Paul stated the violation has been abated, and the County requested
payment of Operational Costs only in the sum of$257.08.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $257. 08.
4. Case # CEV 20080008925 - BCC vs. Louis A. Berkel
The County was represented by Code Enforcement Investigator Renald Paul.
The Respondent was not present.
Violations: Collier County Land Development Code, Ord. 04-41, as amended,
Sec(s).2.01.00(8)(3)
Commercial vehicle parked in front of residential
Violation address: 1780 43'd Terrace SW, Naples, FL 34116
The initial Order was issued on November 7, 2008.
II
March 20, 2009
Investigator Paul stated the violation has been abated, and the County requested
payment of Operational Costs only in the sum of$117.43.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $117.43.
VII. OLD BUSINESS:
A. Request to Forward Cases to County Attorney's Office
I. CASE NO: 2005040823
OWNER: Barnett Bank! Bank Of America, c/o David Sheffield
2. CASE NO: 2005100286
OWNER: David Esquivel
3. CASE NO: 2005081023
OWNER: Roberto & Gloria Cornejo
4. CASE NO: 2006070163
OWNER: Laker Investments Management, Inc.
5. CASE NO: 2005041113
OWNER: John A. McElwain
6. CASE NO: 2005100776
OWNER: Elaine Dolores Choice
7. CASE NO: 2005100162
OWNER: Alfredo Miralles, Sr
8. CASE NO: 2006010346
OWNER: Alfredo Miralles, Sr
9. CASE NO: 2006010406
OWNER: Alfredo Miralles, Sr
10. CASE NO: 2006010408
OWNER: Alfredo Miralles, Sr
11. CASE NO: 2006010407
OWNER: Alfredo Miralles, Sr
12. CASE NO: 2006060001
OWNER: Marion Smith & James Smith
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March 20, 2009
13. CASE NO: 2005050256
OWNER: Stephen W. Schessler
14. CASE NO: 2005030878
OWNER: Stephen W. Schessler
15. CASE NO: 2005120195
OWNER: Stpetim Ramku
16. CASE NO: 2005080413
OWNER: Paul-Michael J. Conroy
17. CASE NO: 2005040822
OWNER: Home Depot Usa, Inc.
18. CASE NO: 2005081095
OWNER: William Stonestreet
19. CASE NO: 2005010143
OWNER: Michael J. Micelli, TRS
20. CASE NO: 2006100692
OWNER: Jill Weaver
21. CASE NO: 2005051118
OWNER: Jill J. Weaver & Henry Tesno
22. CASE NO: CENA20080007439
OWNER: Jill J. Weaver & Henry Tesno
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, April 3,2009 at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
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March 20, 2009
*****
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11 :47 AM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented , or as amended
]4