CESM Minutes 04/03/2009
April 3, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, April 3, 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
April 3, 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: 9:35 AM
II. APPROVAL OF AGENDA
Michele McGonagle, Code Enforcement Administrative Secretary, noted the following
changes:
(a) Under Item IV (B), "Motion for Continuance," the following cases were added:
· Agenda # 7, Case # DAS 11944 - CEEX 20090002498 - BCC vs. Maria
DiPasquale
· Agenda # 8, Case # DAS 11945 - CEEX 20090002508 - BCC vs, Maria
DiPasquale
(b) Under Item V (B), "Hearings, "the following case was DISMISSED by the
County as requested by the Deputy/Investigator/Park Ranger:
· Agenda # 5, Case # PR 042325 - CAAX 20090002556 - BCC vs. Erik
Alfredson
· The Case Number for Agenda # 5 was changed from "CAAX" to "CEEX"
(c) Under Item V (B), "Hearings," the following case was DISMISSED by the
County:
· Agenda # 9, Case # PR 040794 - CEEX 20090003189 - BCC vs. Kelsey
Albert
(d) Under Item V (B), "Hearings," the following case was DISMISSED by the
County due to payment:
· Agenda # 2, Case # SO 165619 - CEEX 20090002497 - BCC vs. Mary
Joan Robertson
. Agenda # 3, Case # SO 149311 - CEEX 20090002267 - BCC vs. Clive A.
Figueira
(e) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
County:
· Agenda #10, Case # PR 040040 - CEEX 20090003130 - BCC vs. Ray &
Vivian Reinard
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April 3, 2009
(1) Under Item V (B), "Hearings," the following case was DISMISSED by the
County due to compliance:
· Agenda # 13, Case # CEV 20080015254 - BCC vs. Leonard G. Linden
(g) Stipulations were reached in the following cases under Item V (A):
· Agenda # 12, Case # CENA 20080015078 - BCC vs. Matthew Gromnicki
· Agenda # 14, Case # CEPM 20080013722 - BCC vs. Alfredo & Miradis
Miralles
(h) Under Item V (C), "Emergency Cases," the following cases were added to the
Agenda:
· Case # CEPM 20090001294 - BCC vs. Fernando Rosquette
· Case # CEPM 20080016535 - BCC. vs, Benjamin Centeno
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course of the Hearing at the discretion of the Special Magistrate,
III. APPROVAL OF MINUTES
The Minutes of the Special Magistrate Hearing held on March 20, 2009 were reviewed
by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines - None
B. Motions for Continuance
7. Case # DAS 11944 - CEEX 20090002498 - BCC vs. Maria DiPasquale
The Hearing was requested by the Respondent who was not present.
Collier County Department of Animal Services Officer John Hinkley was represented
by DAS Officer Bonnie Kubicsek.
Violations: Ord. 08-51, Sec. 8-I-G
Snap & growl - "Sasha"
Violation address: 62 Avenue NE
8, Case # DAS 11945 - CEEX 20090002508 - BCC vs, Maria DiPasquale
The Hearing was requested by the Respondent who was not present.
Collier County Department of Animal Services Officer John Hinkley was represented
by DAS Officer Bonnie Kubicsek.
Violations: Ord. 08-51, Sec. 8-I-B
Allow to run at large - "Sasha"
Violation address: 62 Avenue NE
The Special Magistrate noted the Respondent had submitted a letter requesting
continuances for both cases.
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April 3, 2009
Officer Kubiscek stated Officer Hinkley requested to dismiss both cases.
Finding the Notice of Hearing was properly served, the Special Magistrate
DISMISSED Case # DAS 11944 and Case # DAS 11945 as requested.
C. Motion for Extension of Time - None
V. PUBLIC HEARINGS
A. Stipulations:
14, Case # CEPM 20080013722 - BCC vs. Alfredo & Miradis Miralles
The Hearing was requested by Collier County Code Property Maintenance Specialist
Joe Mucha who was present.
Respondent, Alfredo Miralles, was present and also represented his wife, Miradis
Miralles.
Victor A. Valdes served as interpreter.
Violations: Code of Laws & Ord., Chap. 22, Article VI, Sec. 22-231,
Sub(s). 1,4,5,9,10, I I, l2B, l2C, l2I-12M, l2P, 13, 19, and 20
Rental property with multiple minimum housing violations
Violation address: 108 6th Street S., lmmokalee, FL
The Special Magistrate stated she and Mr. Valdes were acquainted.
The Respondents reside at 1703 Immokalee Drive, Immokalee, FL.
A Stipulation was entered into on April 3, 2009 by the Respondent, Alfredo Miralles,
on behalf of his wife, Miradis Miralles, and himself.
Investigator Mucha stated the Respondent agreed to the terms ofthe Stipulation.
The Respondent asked for additional time to comply and the County did not object.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and ordered to either correct all property
maintenance violations as outlined in the Property Maintenance Inspection Report
dated September 17, 2008, or hire a licensed Contractor and obtain a Collier
County Demolition Permit and all inspections and a Certificate of Completion on
or before May 8,2009, or afine of$250.00 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.
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
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April 3, 2009
Enforcement during the prosecution of this case in the amount of $118.05 on
or before May 8, 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.
Total Amount Due: $118.05
12. Case # CENA 20080015078 - BCC vs. Matthew Gromnicki
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was also present.
Violations: Collier County Code of Laws, Chap. 54, Article Vi, Sec. 54-181,
54-179,54-184
Unauthorized accumulation oflitter and litter declared to a public
nUisance
Violation address: 55 3'd Street
The Respondent resides at 55 Third Street, Bonita Shores, FL 34134
A Stipulation was entered into on April 3, 2009 by the Respondent.
Investigator Musse stated the violations 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 Respondent was found
GUILTY of the alleged violation and 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 May 3, 2009.
Total Amount Due: $117.70
B. Hearings:
4. Case # DAS 11853 - CEEX 20090002435 - BCC vs. Manmret Maurer
The Hearing was requested by the Respondent who was present.
John Maurer, the Respondent's husband, appeared as a witness.
Collier County Department of Animal Services Officer Bonnie Kubicsek was also
present.
Violations: 2008-51, Sec. 9 - Paragraph I - I
To leave an animal in a vehicle overheating. Lack of sufficient air.
"Brutus"
Violation address: Publix @ Airport & Pine Ridge
The Respondent resides at 513 Wildwood Drive, Naples, FL 34105.
The Respondent disputed the charges and stated the day in question was not very
warm, the sunroof was open, and one window left open. She presented a photograph
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April 3, 2009
of "Brut us," a Maltese. The Special Magistrate stated she would take Judicial Notice
of the photograph. [It was not admitted into evidence.]
The Respondent noted the Citation contained a list of fees and questioned why she
was charged a fine of$250.00 for a first offense [rate - $100.00]. She also stated she
was away from her vehicle for a maximum of thirty minutes - not an hour.
Officer Kubicsek stated the complaint was called into DAS by the Collier County
Sheriffs Office. Prior to her arrival, the Deputy Sheriff paged the owner [via Publix's
intercom] and removed the dog from the car [doors were not locked] because it was
panting heavily. She further stated one window was "cracked" and the sun roof was
not open. She introduced a sworn statement taken from Corporal J. Cunningham which
was marked as County's Exhibit "A" and admitted into evidence. The temperature was
estimated to be in the mid-to high 70s.
The Respondent stated the temperature was in the low 70s. Mr. Maurer stated he and
his wife usually leave one window open, along with the sunroof, in order to have a
circulation of air in the vehicle.
Officer Kubicsek stated the violation was classified as "aggravated" and $250.00 was
the correct fee for a first offense in that category.
Finding the Notice of Hearing was properly served, the Respondent was found
GUIL TY of the alleged violations and ordered to pay a civil fine in the amount of
$100.00 and an administrative fee of $7.00 on or before May 3, 2009.
The Respondent was further 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 May 3, 2009.
Total Amount Due: $157.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. Case # 2006100419 - Bee vs. Garv L. Hauze
The County was represented by Code Enforcement Investigator Michelle Scavone.
The Respondent was also present.
Violations: Collier Co. LDC 04-41, as amended, Sec. 1O.02.06(B)(l)(A),
1O.02.06(B)(l )(E), 1O.02.06(B)(l )(E)(I) and Florida Building Code,
2004 Edition, as adopted By Collier Co., Sec. 105.1
Barn built on estates zoned property without required Collier Co. permits
Violation address: 280 10th Ave. NE, 34120
The Respondent resides at 280 Tenth Ave. NE, Naples, FL 34120
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April 3, 2009
Investigator Scavone stated the initial Order was dated July 18, 2008. She further
stated the Operational Costs in the amount of$117.69 were paid, but the violations
have not been abated.
The County requested imposition of fines in the total amount of$19,700 for the
period from September 18,2008 through April 3, 2009 ($1 OO/day for 197 days).
The Respondent stated his business suffered severe financial losses. A foreclosure
sale of his residence was originally scheduled for October 20, 2008. The Bank agreed
to a work-out arrangement and the sale was canceled. The permit inspection fee costs
$630.00 which he stated he cannot afford. He stated he is attempting to obtain a
"Permit by Affidavit" and has located an engineer in Fort Myers who will work with
him. He further stated he is trying to sell his remaining properties to raise the
necessary funds. The Respondent requested additional time to satisfy the lien.
Investigator Scavone stated the County will not object to an extension.
Finding the Notice of Hearing was properly served, the Special Magistrate
CONTINUED the case to May 1,2009 and ordered the Respondent to appear at the
Hearing.
6. Case # 2005031181 - BCC vs. Martha Re\!:o a/kJa Martha E. Diaz
The County was represented by Code Enforcement Property Maintenance Specialist
Joe Mucha.
The Respondent was also present.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)(I)(A)
Unpermitted storage shed on residential property
Violation address: 5267 Maple Lane, Naples, FL 34113
The Respondent resides at 173 Doral Circle, Naples, FL 34113.
She stated she resumed using her maiden name [Diaz] after her di vorce.
Investigator Mucha stated the violation had been abated in November, 2005.
The County requested imposition of Operational Costs in the sum of $224.18,
together with fines in the amount of$2,750 for the period from September 10,2005
through November 3,2005 ($50/day for 55 days) for a total amount of$2,974.18.
The Respondent stated she was granted an Extension of Time to September 9, 2005.
Investigator Mucha stated the shed had been demolished on time but not all of the
debris had been removed from the property and fines began to accrue. The
Respondent stated the debris was contained in a dumpster before it was removed from
the property and the Operational Costs have not been paid because she is not
working.
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April 3, 2009
The Special Magistrate stated accrued daily fines of$2,750.00 will not be assessed.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $224.18.
V. PUBLIC HEARINGS
B. Hearings:
1. Case # SO 1665785 - CEEX 20090003128 - BCC vs. Cynthia A. Brown
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Fred Klinkmann was present.
Violations: Code of Laws and Ord., Sec. 130-67
Parking in a handicapped space. Driver had no permit
Violation address: 2210 Venetian Court
The Notice of Hearing was posted at the property and Courthouse on March 26,2009.
Deputy Klinkmann stated the Citation was issued because the Respondent's truck was
parked in a clearly-visible Handicapped space.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and was ordered to pay a civilfine in the amount
of $250.00 and an administrative fee of $5.00 on or before May 3,2009,
The Respondent was further 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 May 3, 2009.
Total Amount Due: $305.00
6. Case # PR 042197 - CEEX 20090002325 - BCC vs. ROl!.er L. & Patricia A.
Rutherford
The Hearing was requested by the Respondents who were not present.
Collier County Park Ranger Mauricio Araquistain was present.
Violations: Code of Law & Ord., Sec. 130-66
Failure to properly affix beach parking permit
Violation address: Barefoot Beach access
The Notice of Hearing was sent via Certified Mail and was forwarded by the U.S.
Postal Service to a different address on March 26, 2009.
Park Ranger Araquistain stated a beach parking permit was scotch-taped onto the
bumper of the car - it was not permanently affixed as is required. He introduced
three photographs which were marked as County Exhibits "A," "B," and "C," and
were admitted into evidence.
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April 3, 2009
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and was ordered to pay a civil fine in the amount
of $30. 00 and an administrative fee of$5.00 on or before May 3,2009.
The Respondent was further 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 May 3, 2009.
Total Amount Due: $85,00
C. Emergency Cases:
1. Case # CEPM 20080016535 - BCC vs. Beniamin Vel!.a-Centeno
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Kitchell Snow.
The Respondent was not present.
Violation: Health, safety and welfare issue and public nuisance
Violation address: 575 N. 9th Street, Immolakee, FL
The property and the Courthouse were posted on April 2, 2009.
Supervisor Snow stated the case presents a severe health, safety and welfare issue to
the community. He introduced a Declaration of Dangerous Building which was
marked as County's Exhibit "A" and admitted into evidence. He further stated the
property has continued to deteriorate and Staff has been unable to contact the owner.
Collier County Deputy Sheriff, Corporal Michael Taylor, introduced six photographs
taken of the exterior of the premises which were marked as County's Composite
Exhibit "B" and admitted into evidence. Also introduced were 14 photographs taken
of the interior of the property which were marked as County's Composite Exhibit "C"
and admitted into evidence. All photographs were taken on April I, 2009.
Cpl. Taylor noted the front door to the structure had been removed so there was
nothing to prevent squatters from inhabiting the structure. He stated the CCSO has
been watching the property since November, 2008, and drug paraphanelia was
confiscated from the interior. There are three schools within 150 feet of the property.
Collier County Deputy Sheriff Wendell Davis stated the premises is a public
nUSlance.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain a Collier County
Demolition Permit to completely demolish the structure, required inspections and
a Certificate of Completion before the close of business on April 7, 2009 or a fine
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.
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April 3, 2009
If the Respondent has not complied by the close of business on April 7, 2009, 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 is 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 May 3, 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
RECESS: 11 :25 AM
RECONVENED: 11:38 AM
2, Case # CEPM 20090001294 - BCC vs. Fernando RosQuette
The Hearing was requested by Collier County Code Enforcement Investigator
Michelle Scavone who was present.
The Respondent was not present..
Violation: Dangerous Building
Violation address: 2365 Tenth Avenue NE, Naples, FL 34120
The Notice of Violation was posted at the Courthouse and the property on February 9,
2009. The Notice of Hearing was posted at the property and the Courthouse on
April I, 2009.
The Investigator introduced a Declaration of Dangerous Building which was marked
as County's Exhibit "A" and admitted into evidence; ten photographs taken on
February 9,2009 which were marked as County's Composite Exhibit "B" and
admitted into evidence and a single photograph taken on March 11, 2009 which was
marked as County's Exhibit "c" and admitted into evidence.
The property had been under observation by the Collier County Sheriffs Office,
District 4, since February 9,2009. The State Fire Marshall determined the cause of
the fire was arson. The Investigator has been unable to obtain any contact
information for the owner of the property.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to hire a licensed General
Contractor to obtain a Collier County Demolition Permit, required inspections,
and a Certificate of Completion before the close of business on April 7, 2009 or a
fine 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.
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April 3, 2009
If the Respondent has not complied by the close of business on April 7, 2009, 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 is ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $1I 7. 76 on
or before May 3, 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: $1I7.87
VI. PUBLIC HEARINGS
B. Hearings:
11. Case # CEAU 20080007181 - BCC vs. Eleanor Buchanan
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Cristina Perez who was present.
The Respondent was not present.
Violations: Florida Building Code Section 105.1
Expired fence permit. Chain link fence erected on property.
Violation address: 238 Old Train Lane, Copeland
The Notice of Hearing was sent via Certified Mail and the U.S. Postal Service
confirmed delivery on March 27,2009.
Supervisor Perez introduced one photograph, dated July 23, 2008, which was marked
as County's Exhibit "A" and admitted into evidence. She stated she contacted the
Respondent via email and informed the Respondent of the violations. The Respondent
contacted Ms. Perez and stated that no fence was erected on her [vacant] property.
The Special Magistrated noted theRespondent sent a three-page letter to Code
Enforcement dated March 30, 2009. Supervisor Perez stated the letter contained
references to the erection of a fence on the side of the property by neighbors.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain a Collier County
Demolition Permit, required inspections, and a Certificate of Completion on or
before June 3, 2009, or a fine of $1 00.00 per day will be imposed for each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
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.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
II
April 3, 2009
The Respondent is ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.61 on
or before June 3, 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: $117.61
The Special Magistrate noted if the County abates the violation, all fines will be
assessed to the property and become a lien against the property.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # CEAU 20080013129 - BCC vs. Ernesto & Rosaura Villa, and Juan &
Bricevda Rodas c/o Kahane & Associates, P.A.
The County was represented by Code Enforcement Investigator Carmelo Gomez.
The Respondents were not present.
Violations: Florida Building Code, 2004 Edition, Chapter I Permits, Section 105.1
Sections of stockade fence in disrepair
Violation address: 3072 41st Terr. SW, Naples
The Special Magistrate noted the firm of Kahane & Associates, P A, was not a party
to the action.
The County stated a Final Judgment, recorded with the Clerk of Courts, noted Kahane
& Associates represented Indymac Bank, FSB, in a mortgage foreclosure action.
The Special Magistrate stated Indymac Bank will be considered as an Interpleader as
a Party ofInterest.
The Notice of Hearing was sent to the Respondents and to Kahane & Associates via
Certified Mail. The County has not received a response from the Respondents but the
U.S. Postal Service confirmed delivery to Kahane & Associates on March 27, 2009.
The Notice of Violation was posted at the property and the Courthouse on October 8,
2008.
The County suggested bringing the case later in order to re-notice all parties.
The Special Magistrate ordered the case to be CONTINUED to April 17, 2009.
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April 3, 2009
2. Case # CEV 20080011820 - BCC vs. Lionel & Lizette Froloff
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. 2.01.00(A)
Vehicles with expired plates in residentially zoned property.
Violation address: 5234 28th Place SW, Naples, FL 34116
The Notice of Hearing was sent to the Respondents via Certified Mail and the U.S.
Postal Service confirmed delivery on March 26, 2009. The Notice of Hearing was
posted at the property and the Courthouse on March 24,2009.
Investigator Paul stated the violation was abated on January 13,2009.
The County requested imposition of Operational Costs in the sum of$117.61,
together with fines in the amount of$50.00 for the period from the close of business
on January 12, 2009 through January 13, 2009 ($50/day for I day) for a total amount
of$167.61.
The Special Magistrated GRANTED the County's Requestfor Imposition of Fines
in the total amount of $167.61.
3. Case # CEV 20080012120 - BCC vs. Victor H. & Silvia L. Velasco
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. 2.01.00(A)
Vehicles with expired plates in residentially zoned property.
Violation address: 5323 18th Ave. SW, Naples, FL 34116
The Notice of Hearing was posted at the property and Courthouse on March 24, 2009.
The Notice of Hearing was sent to the Respondents via Certified Mail and the U.S.
Postal Service confirmed delivery on March 27,2009.
Investigator Paul stated the violations had been abated and the County requested
impostion of fines in the amount of$117.6l for payment of Operational Costs.
The Special Magistrated GRANTED the County's Requestfor Imposition of Fines
in the total amount of $117.61.
5. Case # CEPM 20080011071 - BCC vs, Jill Weaver & Henry Tesno
The County was represented by Code Enforcement Property Maintenance Specialist
Joe Mucha.
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April 3, 2009
The Respondents were not present.
Violations: Collier Co. Code of Laws & Ord., Chapter 22, Article VI, Sec. 22-231,
Sub(s). l2B, 19 & SEe. 22-243
Repeat Violation - Abandoned mobile home with graffiti and exterior
damage with opening that allows access into the mobile home.
Violation address: 3205 Lunar St.
The Notice of Hearing was sent to the Respondents via Certified Mail and the U.S.
Postal Service confirmed delivery on April 1,2009. The property and the Courthouse
were posted on March 24, 2009.
Investigator Mucha stated the County abated the violation on February 20,2009.
The County requested imposition of Operational Costs in the sum of$118.04,
together with fines in the amount of$73,500 for the period from September 27, 2008
through February 20,2009 ($500/day for 147 days), and County abatement costs in
the amount of$2,989.00, for a total amount of$76,607.04.
The Special Magistrated GRANTED the County's Requestfor Imposition of Fines
in the total amount of $76,607.04.
VII. OLD BUSINESS: None
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office
1. CASE NO: CEPM 20080002951
OWNER: CHARLES BROWN
2. CASE NO: 2005061003
OWNER: JEAN LOUIS GILLES & ADELE GILLES
3. CASE NO: 2005010315
OWNER: FABIAN & MARlA LUZARDO
4. CASE NO: 2005041113
OWNER: JOHN A. McELWAIN
5. CASE NO: 2004090636
OWNER: RANDOLPH SHELTON
6. CASE NO: 2004090716
OWNER: RANDOLPH SHELTON
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April 3, 2009
The Special Magistrate GRANTED the County's Request to forward the above-
referenced Cases to the County Attorney's Office based on Orders previously
entered for the purpose of collections or foreclosure.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
Referenced in Submitted Executive Summary.
The Special Magistrate GRANTED the County's Request to Impose Nuisance
Abatement Liens.
IX. REPORTS: None
X. NEXT HEARING DATE - Friday, April 17, 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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There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:27 PM,
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented , or as amended
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