CESM Minutes 04/17/2009
April!7,2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, April 17, 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," yd 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
Colleen Davidson, Administrative Secretary
April 17, 2009
I. CALL TO ORDER
The Meeting was caIled to order by the Honorable Special Magistrate Brenda
Garretson at 9:00 AM. AIl 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; the goal is to obtain compliance without
being punitive.
RECESS: 9:16 AM
RECONVENED: 9:34 AM
11. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, noted the following
changes:
(a) Under Item V (A), Stipulations were reached in the following cases:
. Agenda #4, Case #PU 4460 - CEEX 20090003801 - BCC vs. Gulf Gate
Plaza, LLC, c/o Isram Realty & Management, Inc.
. Agenda #6, Case #PU 4487 - CEEX 20090003798 - BCC vs. Carmine &
MarineIla Marceno
. Agenda #11, Case #CESD 20080013982 - BCC vs. Laura Chavarria
. Agenda #13, Case #CEPM 2008001557] - BCC vs. Albert & Margaret
Lee
. Agenda #15, Case #CEV 20080014936 - BCC vs. Ronald & Nanette Brija
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County as requested by the Deputy/Investigator/Park Ranger:
. Agenda #2, Case #PR 040040 - CEEX20090003130 - BCC vs. Ray & Vivian
Reinard
. Agenda #7, Case #PR 040]93 - CEEX20090002552 - BCC vs. Judith Morse
(c) Under Item V (B), "Hearings, "the following case was DISMISSED by the
County due to payment:
. Agenda #8, Case #PR 042030 - CEEX20090003802 - BCC vs. Martha
Tardy
(d) Under Item V (C), "Emergency Cases," the following case was added:
. Case #CEOCC 20090003265 - BCC vs. Chile Calente
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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April 17,2009
III. APPROVAL OF MINUTES
Corrections:
. Agenda #1 - Case #CEPM 20080016535 - BCC vs. Benjamin Vega-Centeno
The correct address is 587 9th Street.
. Agenda #2 - Case #CEPM 20090001294 - BCC vs. Fernando Rosquette
The amount due (in the body of the Order) is $1] 7.87.
The Minutes of the Special Magistrate Hearing held on April 3, 2009 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines - None
B. Motions for Continuance
1. Case #CO 02302 - CEVFH 200800]0155 - BCC vs. SanibeI Taxi
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Michaelle Crowley was present.
Violations: Code of Laws and Ord., Chapter 142, Sec(s). 142-51(A), 142-58(F)(3)
Operated a motor vehicle as a vehicle for hire, making a passenger
pickup in Collier Co. without first obtaining a PV AC-issued Certificate
to Operate
Violation address: 280 Vanderbilt Beach Rd., Ritz Carlton Resort
Investigator Crowley noted the Respondent's Attorney, Gerald Stem, had contacted
Assistant County Attorney Jeff Wright. Mr. Stem requested a Continuance due to an
urgent family matter. Ms. Crowley stated the County did not object to the issuance of
a Continuance.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
C. Motion for Extension of Time - None
V. PUBLIC HEARINGS
A. Stipulations:
11. Case #CESD 20080013982 - BCC vs. Laura Chavarria
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Cristina Perez who was present.
The Respondent was also present.
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April 17,2009
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)(1)(A) and I 0.02.06(B)(1 )(E)(I)
Unpermitted storage shed on residential property
Violation address: 2495 47th Avenue NE
A Stipulation was entered into by the Respondent, Laura Chavarria, on April 14,
2009.
The Investigator stated the Respondent agreed to pay the Operational Costs and
outlined the terms of the Stipulation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Completion on or before May 17, 2009, or afine 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.
If the Respondent has not complied by the deadline, the COUltty 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 is 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 17, 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 Respondent stated she has applied for a Demolition Permit.
4. Case #PU 4460 - CEEX 2009000380] - BCC vs. Gulf Gate Plaza, LLC, c/o
Isram Realty & Manal!:ement, Inc.
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Michael Andresky who was present.
The Respondent was represented by Andy Pearlman, Senior Property Manager for
Isram Realty & Management, Inc.
Violations: Ord. 2003-18 Section(a) 2,M,I
Overflowing private grease trap into the paking lot ofMcDonalds.
Violation address: McDonalds Restaurant, Gulf Gate Plaza
Mr. Pearlman stated he was authorized to represent the Respondent.
A Stipulation was entered into by Andy Pearlman, Senior Property Manager for
Isram Realty & Management, Inc., on behalf of the Respondent on April 17, 2009.
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April 17, 2009
Investigator Andresky stated the violations have 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 a civil penalty in the sum of
$500.00 and an administrative fee of $5. 00 on or before May 17, 2009.
The Respondent was also 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 17, 2009.
Total Amount Due: $555.00
13. Case #CEPM 200800]557] - BCC vs. Albert & Man!3ret Lee
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Supervisor Joe Mucha who was present.
The Respondent, Albert Lee, was present and also represented his wife, Margaret Lee.
Violations: Collier County Code of Laws & Ord., Chap. 22, Article VI, Sec. 22-231,
Subs. 9, 10, II, 12B, 12I-12L, 12P, 19, and20
Rental property with multiple minimum housing violations
Violation address: 306 2nd Street, Immokalee, FL
The Respondents reside at 909 Pine Street, Immokalee, Florida.
A Stipulation was entered into by the Respondents, Albert Lee and Margaret Lee, on
April 17, 2009.
Investigator Mucha outlined the terms of the Stipulation.
The Respondent stated he does not own the mobile home, but merely allowed the
owners to store it on his property.
The Investigator stated he met with the owners of the mobile home and they agreed to
repair the property. The property is vacant.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s} and ordered to either correct all violations cited
in the Property maintenance Inspection Report (dated October 22, 2008) on or
before May 17, 2009, or hire a licensed Contractor to obtain a Collier County
Demolition Permit, all required inspections, and a Certificate of Completion on or
before June 17, 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.
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 17, 2009
Enforcement during the prosecution of this case in the amount of $118.40 on
or before May 17, 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: $118.40
]5. Case #CEV 20080014936 - BCC vs. Ronald & Nanette Briia
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent, Ronald Brija, was present and also represented his wife, Nanette
Brija.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec. 2.01.00(A)
Unlicensed / inoperable boat trailer parked / stored on residential
property.
Violation Address: 91 Dolphin Circle, Naples
The Respondents reside at 4151 Maple, Brookfield, Illinois.
A Stipulation was entered into by the Respondents, Ronald Brija and Nanette Brija,
on April 17, 2009.
Investigator Sorrels outlined the terms of the Stipulation.
The Respondent stated he requested a 45-day time period due to eviction proceedings
that he has begun to regain his property from delinquent tenants.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s} and ordered to attach a current, valid license
plate to the boat trailer and repair all defects, or store it in an enclosed structure,
or remove itfrom the property on or before June 1, 2009, or afine of $50. 00 per
day will be imposed for each day the violation remains thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondents.
lfnecessary, 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 $117.61 on or
before May 17, 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: $117.61
{,
April 17, 2009
6. Case #PU 4487 - CEEX 20090003798 - BCC vs. Carmine & MarinelIa
Marceno
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Jeremy Florin who was present.
The Respondent, Carmine Marceno, had been present earlier and entered into a
Stipulation but left before the case was heard.
Violations: Ord. 2002-17, Section(s) 5(5.4)
Illegal irrigation. Irrigating on a county dry day (Tuesday). Phase II
water restrictions. Health, safety, & welfare.
Violation address: 1610 Triangle Palm Terrace
A Stipulation was entered into hy the Respondents, Carmine Marceno and Marinella
Marceno, on April J 7, 2009.
Investigator Florin 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 ordered to pay a Citation fee in the sum of
$80.00 on or before May 17, 2009.
The Respondents were also 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 17, 2009.
Total Amount Due: $130.00
B. Hearings:
14. Case #CEV 20090003262 - BCC vs. Andrew, HalIev E., and Barbara
Saval!e
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent, Andrew Savage, was present.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)
Repeat Violation: recreational vehicle (boat) parked/stored in driveway
of residential zoned property.
Violation address: 4002 Cindy Avenue, Naples
The Respondent stated Halley E. Savage and Barbara J. Savage are his parents. He
stated his mother has quit-claimed the property, but he is the owner of the boat.
Investigator Keegan stated this was his third Hearing for this violation. He made
several site visits since March 24, 2009, and the violation has not been abated.
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Apri117,2009
The Respondent stated he was confused about the "repeat violation" because he
thought at a previous Hearing, it was determined the violation was not "repeat."
The Investigator stated the case was heard on April 18, 2008.
[The Minutes of the April 18,2008 Heaing stated:
"The Investigator (Keegan) stated this was repeat violation of a prior
case which had been closed. " ]
The Special Magistrate noted the Order of April 18, 2008 specifically stated: " ... the
Respondent would cease all future storage of the recreational vehicle."
The Respondent stated he had permits which allowed the boat to be parked in the
driveway.
Permit #1: effective date from March 15 through March 23, 2009
The Investigator stated the case was opened on March 24, 2009 and the Permit had
expired.
Permit #2: effective date from March 26 through April 4, 2009
The Respondent presented the Permits which were marked as Respondent's Exhibits
"1" and "2" and admitted into evidence.
The Respondent stated he is still in the process of repairing the (1987) boat, obtaining
parts amd finding it impossible to repair the boat when he cannot store it on his
property. He is trying to find other locations to store the boat and has had it for sale
for one year.
The Special Magistrate stated one option might be to donate the boat to a charity.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civil penalty of$500.00 on
or before May 17, 2009.
The Respondent was further ordered to either relocate the recreational vehicle to
the rear yard in a completely enclosed structure, in a carport, or on davits adjacent
to a waterway, or remove it from the property on or before the close of business on
April 21, 2009, or afine of $200. 00 per day will be imposed for each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to 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 May 17, 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.
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April 17, 2009
The Respondent admitted he was in violation and facing foreclosure of his own
property. The Special Magistrate referred him to the Collier County 8ar Association
for assistance.
The Special Magistrate stated if the boat was sold or donated by May 17, 2009, and
proof is provided, the civil penalty will be dismissed.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20080005772 - BCC vs. Mario Alberto Garcia
The County was represented by Code Enforcement Investigator John Santafemia.
The Respondent was also present.
Violations: Collier County Ord. 2004-58, Sec. 6, Subsec.(s) 1-6, 8-11, 128, 12C,
12I-12P, 12R, 19A, 198, 19D, and 20
Numerous minimum housing violations.
Violation address: 1801 Grant A venue, Immokalee, FL
The Respondent resides at 911 Madison Avenue, Immokalee, FL
Investigator Santafemia stated the violations have been abated and the Operational
Costs of $455.40 were paid.
The County requested imposition of fines for the period from March 17, 2008 through
March 17,2008 (1 day @ $250/day) for a total amount of$250.00.
Supervisor Waldron stated the deadline to comply was the close of business on
March 16,2008.
The Respondent stated all of the inspections were completed but the Certificate of
Completion was not issued until March 17,2008.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
2. Case #CEPM 20080005772 - BCC vs. Linda L. Hiatt, Kevin & Jennifer Hiatt
The County was represented by Collier County Code Enforcement Investigator John
Santafemia.
The Respondent, Kevin Hiatt, was present and also represented his wife, Jennifer
Hiatt, and his mother, Linda L. Hiatt.
Violations: Collier County Ord. 2004-58, as amended, Sec. 6, subsec.(s) 10, 128,
12, 12(L) and 19(A)
Numerous minimum housing violations.
Violation address: 5021 Coronado Parkway, Naples
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April 17, 2009 .
The Respondent resides at 3120 Safe Harbor Drive,
The County requested imposition of Operational Costs in the sum of $117.60,
together with fines of $30,500.00 for the period from December 16, 2008 through
April 17, 2009 (122 days @ $250/day), for a total amount of $30,617.60.
The Respondent stated the property is in foreclosure. Some of the tenants moved out
without paying the rent, and those who remained "trashed" the property. He stated he
tried to make as many repairs as he could afford. He had been notified that the
property was sold, but he could not confirm it.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $30,617.60.
RECESS: 10:47 AM
RECONVENED: 11:0] AM
V. PUBLIC HEARINGS
B. Hearings:
3. Case #SO 167206 - CEEX 20090003799 - BCC vs. Ibis Hodl!son
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Bill Hems was also present.
Violations: Code Of Law & Ord., Sec. 130-67
Parking In A Handicapped Space.
Violation address: Auto Zone, Golden Gate Park
The Respondent resides at 9415 Marino Circle, Apt. 308, Naples, Florida.
The Respondent stated he uses his car for deliveries for the store. He previously
parked on the side of the store, but there was heavy traffic and it was dangerous for
him to unload the car. He stated he used the handicapped space for only five minutes
for his own personal safety.
Deputy Hems stated the Citation was issued because the vehicle was parked in a
handicapped space without a permit. He further stated the store has a back door
which can be used for loading and unloading.
The Deputy introduced two photographgs which were marked as County's Exhibits
"A" and "B" and were admitted into evidence.
The Respondent stated he did not intend to break the law and requested additional
time to pay the fine.
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April 17,2009
The Special Magistrate stated the County adopted the State's Statute for its Ordinance
and the Statute does not allow for any exceptions. She extended payment for ninety
days.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violations and was ordered to pay a civil fine in the amount
of $250. 00 and an administrative fee of$5.00 on or before July 17, 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 July 17, 2009.
Total Amount Due: $305.00
C. Emergency Case:
Case #CEOCC 20090003265 - BCC vs. Chile Caliente, LLC
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Kitchell Snow.
The Respondent was represented by Attorney Michael R. N. McDonnell.
Violation: Collier County Code of Laws & Ordinances, Chapter 125-116(A)(2)
A Stipulation was entered into by Attorney McDonnell on behalf of the Respondent,
Chile Caliente, LLC. on Aprill7, 2007.
Supervisor Snow outlined the terms of the Stipulation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations.
The Respondent agreed to the following terms:
(a) Waive any challenges to the Hearing based on Notice.
(b) A civil penalty of$5, 000. 00 was imposed but suspended until the next
violation is adjudicated. Upon such adjudication, the penalty will be imposed.
(c) Any further violations shall cause afine of$1,000.00 per violation to be
imposed for each individual over the allowed occupancy of 33 people. Each
person over the occupancy limit shall be considered as a single violation.
(d) Continued violations may result in the suspension or revocation of the
Respondent's Business Tax Receipt.
If the Respondent fails to abate the violation, the County is authorized to abate the
violation. 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 May 17, 2009.
Total Amount Due: $117.52
The Special Magistrate confirmed if there is another violation, the civil penalty will
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April 17, 2009
be automatically imposed.
Attorney McDonnell stated his client will continue to maintain a head count ensuring
the occupancy limit will not be exceeded.
Mr. Snow noted the Sheriffs Office and the Immokalee Fire Marshall, who will
monitor the restaurant, were present to hear the Special Magistrate's Order.
B. Hearings:
9. Case #PR 040079 - CEEX 20090003803 - BCC vs. Carolvn & Edward Marino
The Hearing was requested by the Respondent, Edward Marino, who was present and
also represented his wife, Carolyn Marino.
Collier County Park Ranger Mauricio Araquistain was also present.
Violations: Code of Law & Ord., Sec. 130-66
Parking in an unauthorized parking area.
Violation address: Barefoot Beach Preserve
The Respondents reside at 21494 Sheridan Run, Estero, Florida.
The Respondent stated he was at Barefoot Beach in Parking Lot #3, which was full.
There were no signs posted in the grassy area near the picnic tables to indicate
whether or not parking was allowed in that area, so he parked his car near a picnic
table. He stated when he returned to the parking lot recently, he noticed three cones
were placed in the same area where he had previously parked.
He introduced photographs of the location which were marked as Respondent's
Composite Exhibit "1" and were admitted into evidence.
Park Ranger Araquistain stated there are defined areas for parking because this is a
preserve. There are signs in the parking lot designating handicapped parking. The
picnic area is surrounded by fences. He introduced three photographs which were
marked at County's Exhibits "A," "B," and "c" and were admitted into evidence.
The Respondent stated that he had seen cars parked along the side of the road when
the signs were covered. The Park Ranger stated parking is allowed in certain areas
only to handle overflow when the lots were full.
The Respondent reiterated if there had been signs stating "No Parking" or the cones
were in the area, he would not have parked. He maintained it was not clearly marked.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and were 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 17, 2009. A civil fine was not assessed.
Total Amount Due: $50.00
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April 17,2009
5. Case #PU 3834 - CEEX 20090003795 - BCC vs. Santa Barbara Granada
Villas, LLC
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Ray Addison who was represented by Operations Coordinator George
Cascio and Investigator Michael Andresky.
The Respondent was not present.
Violations: Ord. 2005-44, Section(s) 9 (4)
Waste on ground consisting of used diapers and food not containerized
in front of building.
Violation address: 201 Santa Clara Drive, Naples
Investigator Andresky was at the location with Senior Investigator Addison and has
personal knowledge of the situation. He stated this was the fourth Citation issued to
the same property and noted the fines assessed for previous violations have not been
paid. The Registered Agent was notified of all Citations.
Supervisor Waldron noted the U.S. Postal Service verified delivery of the Notice of
Hearing via Certified Mail to the Registered Agent's office.
The Investigator introduced three photographs which were marked as County's
Exhibits "A," "B," and "c" and were admitted into evidence. The Manager's office
and the Courthouse were posted.
Information concerning the Resident Agent was marked as County's Exhibit "D" and
admitted into evidence. It was noted the Resident Agent's office is in Miami.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and was ordered to pay a civil penalty of
$5,000.00 and an administrative fee of $5.00.
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 17, 2009.
Total Amount Due: $5,055.00
10. Case #CELU 20080015489 - BCC vs. Katherine Sheffield
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was present.
The Respondent was not present.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Section 2.02.03
Multiple pod type containers used for storage (permit expired 10-5-08)
Violation address: 660 29th Street SW, Naples 34117
Supervisor Waldron noted the U.S. Postal Service verified delivery of the Notice of
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April 17, 2009
Hearing via Certified Mail to the Respondent's address on April 9, 2009. The return
receipt was signed by the Respondent.
Investigator Martindale introduced six photographs which were marked as County's
Exhibits "A" through "F" and were admitted into evidence. He stated he met with
the Respondent who stated the POD containers stored her personal belonging because
the house suffered flood damage. He advised her the permit she obtained previously
had expired.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain a valid Collier County
Building Permit to allow POD container usage, or remove the containers from the
property on or before May 17,2009, or afine of$200.00 per day will be imposed for
each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to 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 $117.70 on or
before May 17, 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
12. Case #CEPM 200800]5884 - BCC vs. Lvnda M. Mavor
The Hearing was requested by Collier County Code Enforcement Investigator
Michelle Scavone.
The Respondent was not present.
Violations: Ordinance 2004-58, Section 12
Dangerous building
Violation address: (Dove Tree Street) Folio #00304160002
Supervisor Waldron noted the U.S. Postal Service verified delivery of the Notice of
Hearing via Certified Mail to the Respondent's address in Georgia on April 10, 2009.
The Notice of Violation was posted at the property and the Courthouse on January 9,
2009.
Investigator Scavone introduced the Declaration of Dangerous Building which was
marked as County's Exhibit "A" and admitted into evidence. She also introduced
seven photographs which were marked as County's Exhibits "B" though "H" and
admitted into evidence.
The Investigator stated she had spoken with the Respondent's husband who stated he
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April 17,2009
would contact his brother in Naples to see what could be done. The violation has not
been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to hire a licensed Contractor to
apply for and obtain a Collier County Demolition Permit to demolish the structure
and all required inspections and a Certificate of Completion on or before April 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 Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and to assess the costs to the Respondent.
lfnecessary, assistance may be requested from the Collier County Sheriff's Office
and/or Fire Department.
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 May 17, 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
VII. OLD BUSINESS: None
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office - None
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
Referenced in Submitted Executive Summary.
The Special Magistrate reviewed the 43 cases cited in the Executive Summary and
GRANTED the County's Request to Impose Nuisance Abatement Liens.
IX. REPORTS: None
X. NEXT HEARING DATE - Friday, May 1,2009 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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April 17, 2009
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:18 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
16