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CESM Minutes 05/01/2009 May 1, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 1, 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 May 1, 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; the goal is to obtain compliance without being punitive. RECESS: 9:12 AM RECONVENED: 9:30 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Investigative Supervisor, noted the following changes: (a) Under Item V (B), "Hearings," the following case was WITHDRAWN by the County: . Agenda #1, Case #PR 041258 - CEEX 20090004380 - BCC vs. Giorgina Opopeza (b) Under Item V (B), "Hearings," the following case was DISMISSED by the County due to compliance: . Agenda #4, Case #CEPM 20080016605 - BCC vs. David G. Gray (c) Under Item VI, "Motion for Imposition of Fines," the following cases were DISMISSED by the County due to payment: . Agenda #2, Case #CEV 20080007340 - BCC vs. Marie Micheline LaFrance . Agenda #3, Case #CEV 20080007142 - BCC vs. Donald L. Geckler (d) Under Item VI, "Motion for Imposition of Fines," the following case was WITHDRAWN by the County: . Agenda #11, Case #2007090498 - BCC vs. Norma Ramirez ( e) Under Item VIII, "Consent Agenda," the following cases were WITHDRAWN by the County: . #6, Case #2007020068 - Lora Jones . #13, Case #CEPM 2008001391 - Edilbray Perez & Belkis Martinez 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. 2 May 1, 2009 III. APPROVAL OF MINUTES Corrections: . Agenda #13, Case #CEPM 2008001557 - BCC vs. Albert & Margaret Lee The Respondents were given 60 days to correct the problem to June 17,2009, not May 17,2009. . Emergency Case #CCOCC 20090003265 - BCC vs. Chile Caliente, LLC The Violation is Chapter 12~-116(A)(2). . Under Item VI, "New Business": Agenda #1- Case #CEPM 20080005772 was incorrect on the Agenda provided and was not corrected the day of the Hearing. The correct case number is #2005110400. The Minutes of the Special Magistrate Hearing held on April 17, 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 - None C. Motion for Extension of Time - None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # CEPM 20080011393- BCC vs. Diane L. Mathieu. John R. Mathieu. Diane L. Mathieu Rev. Tr. UTD 7-12-02 The County was represented by Code Enforcement Investigator John Santafemia. The Respondents were represented by their attorney, Brad Kelsky. Respondent, John R. Mathieu, was also present. Violations: Ord. 04-58, Sec. 12 Existence of a dangerous building Violation address: 427 Willet Ave., Naples, FL Folio: 27586840000 Mr. Mathieu verified that he was authorized to represent the Diane L. Mathieu Revocable Trust. Investigator Santafemia stated the County abated the violations, but the Operational Costs of$117.52 were paid by the Respondents. 3 May 1, 2009 The County requested imposition of fines in the sum of $23,250 for the period from January 18,2009 through April 20, 2009 (93 days @ $250/day) and reimbursement to the County in the amount of$15,086, for a total amount of$38,336. Attorney Kelsey stated the property is the subject of construction defect litigation (the Respondents sued the General Contractor and 2 subcontractors; the General Contractor, in turn, sued 7 subcontractors) and a trial date has been set for October, 2009. Litigation began in 2007. He stated the Respondents spent $60,000 to try to repair the property but it would have cost approximately $1.6M to demolish and rebuild the property to Code. He requested the County waive the fines and further stated the Respondents will do everything possible to protect the County's hard costs. The County did not object to waiving the fines as long as there was reimbursement of the demolition costs. The Special Magistrate stated the fines would not be assessed. Supervisor Waldron suggested imposing the lien for the County's abatement costs and stated the County would hold off enforcement of the lien until the litigation was settled. The Special Magistrate GRANTED the County's Motion for Imposition of Liens in the total amount of $15, 086. V. PUBLIC HEARINGS A. Stipulations: 7. Case #CEA 20090001437 - BCe vs. Tiburcio Bautista The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. J osefino Ramos served as translator for his father. Violations: Ord. 04-41, Sec. 2.03.01(J) Chickens in a residential zoned property Violation address: 5409 26th Ave SW, Naples, FL Folio: 36370640009 The Respondent's correct name is Tiburcio Ramos Bautista. A Stipulation was entered into by the Respondent on May 1, 2009. 4 May 1, 2009 Investigator Paul stated the violation has 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 June 1,2009. Total Amount Due: $117.70 The translator verified that Mr. Bautista understood he admitted violating the County's Ordinance and will not repeat the violation. 8. Case #CESD 20090001658 - BCC vs. Tiburcio Bautista The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. J osefino Ramos served as translator for his father. Violations: Ord. 04-41, Sec. 10.02.06(B)(1)(a), Code of Laws, Ch. 22, Art. II, Florida Building Code, Sec. 22-26(b)(1 06.1.2) Chicken coop on residential zoned property with no permits and fence with prior permit that was never C/O'd. Violation Address: 5409 26th Ave SW, Naples, FL Folio: 36370640009 The Respondent's correct name is Tiburcio Ramos Bautista. A Stipulation was entered into by the Respondent on May 1, 2009. Investigator Paul stated the chicken coop has been removed, but the fence remains without a permit. 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 (for the addition of the fence), or a Collier County Demolition Permit (to remove the fence), all required inspections, and a Certificate of Completion on or before June 1,2009, 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 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 June 1,2009. 5 May 1, 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 V. PUBLIC HEARINGS B. Hearings: 2. Case #PR 041715 - CEEX 20090004377 - BCC vs. William Harvev The Hearing was requested by the Respondent who was present. Collier County Park Ranger Robert Martin was also present. Violations: Code of Laws and Ord., Sec.130-66 Paid launch receipt not displayed on dash. Violation address: Hamilton Ave. & Bay St. - Bayview Park The Respondent resides at 7200 Coventry Court, Naples, FL 34104. The Respondent stated he saw two Coast Guard representatives conducting courtesy inspections and asked the gentlemen about regulations regarding launching and parking. He was told he could launch his boat but if he parked "at the top of the road," he would not have to pay for parking. He since learned this information was incorrect. He has since obtained permits for the boat trailer and his other recreational vehicles. He was not aware there was a parking meter for the parking lot. The Park Ranger stated a sign indicating that a launch fee is required was located approximately 50 feet from the launch ramp. He further stated he will give the proper information regarding launch fees to the Coast Guard Auxiliary office. The Special Magistrate stated due to the incorrect information provided to the Respondent, the fine would be waived. The Respondent was instructed to find five boaters and explain his experience to them to prevent others from violating the rules. Finding the Notice of Hearing was properly served, 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 $50.00 on or before June 1, 2009. Total Amount Due: $50.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 6 May 1, 2009 8. Case #2006100419 - BCC vs. Gary L. Hauze The County was represented by Code Enforcement Investigator Michelle Scavone. The Respondent was also present. Violations: Ord. 04-41, Sec. 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) and Florida Building Code, Sec. 105.1 Violation address: 280 10th Ave. NE, Naples, FL Folio: 37493120007 The Respondent resides at 280 Tenth Avenue NE, Naples, Florida 34120. Investigator Scavone stated the Operational Costs of$117.69 were paid, but the violation was not abated and fines continue to accrue. The County requested Imposition of Fines in the sum of$22,500 for the period from September 19,2008 through May 1,2009 (225 days @ $100/day), for a total amount of $22,500. The Respondent stated he appeared on April 3, 2009 and was granted a Continuance in order to obtain a "Permit by Affidavit." The pole barn has been inspected but the inspector was unable to find an Engineer to issue the certification. The Respondent has found an Engineer who will sign the Affidavit but the Engineer has been unable to inspect the structure because Alligator Alley has been closed due to the smoke/fires. The County did not object to granting a Continuance. The Special Magistrate GRANTED a Second (and Final) CONTINUANCE until June 5, 2009 to the Respondent. Fines will be assessed but the amount will be determined. 4. Case #CESD 20080005609 - BCC vs. Maria Roderieuez The County was represented by Code Enforcement Investigator Renald Paul. The Respondent was also present. Denisse Bueno appeared as translator for her mother. Violations: Ord 04-41, Sec. 10.02.06(B)(1)(A) Shed on propert~ without a permit Violation address: 2364 55t St. SW, Naples, FL Folio: 36380240004 The spelling of the Respondent's last name was corrected to Rodriguez. Investigator Paul stated the violation has been abated and the Operational Costs of 7 May 1, 2009 $117.43 were paid. The County requested Imposition of Fines in the total amount of $1,700 for the period from March 21,2009 through April 6, 2009 (17 days @ $100/day). The Respondent stated a final inspection was conducted on March 31, 2009 but the Building Department delayed issuing the paperwork. She also stated she is not working and the amount of the fines will be a hardship for her to pay. The Special Magistrate stated the fine was reduced to $100 due to mitigating circumstances. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $1 00. RECESS: 10:53 AM RECONVENED: 11 :02 AM V. PUBLIC HEARINGS B. Hearings: 3. Case #CEV 20080012174 - BCC vs. Jeffrev A. Stolz The Hearing was requested by Collier County Code Enforcement Investigator Michelle Scavone who was present. The Respondent was not present. Violations: Ord. 04-41, Sec. 2.01.00(A) Unlicensed vehicles on estates zoned property. Violation address: 3311 8th Ave. SE, Naples, FL Folio: 40934840008 The Notice of Violation was posted at the property and the Courthouse on August 26, 2008. Proof of delivery of the Notice, via Certified Mail on September 5,2008, was provided by the U.S. Postal Service. The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Investigator Scavone introduced four photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. The Investigator stated the violation has not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to repair the vehicles so they are operational and obtain valid tags for each vehicle, or to store the vehicles in a completely enclosed structure, or remove them from the premises on or before 8 May 1, 2009 May 7, 2009 or afine of $50. 00 per day will be imposedfor 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 Sheriffs Office. The Respondent is ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.78 on or before June 1,2009. 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: $117.78 5. Case #CESD 20090003060 - BCC vs. Jennifer DeFrancesco The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violations: Code of Laws & Ordinances, Aric1e X, Ch. 22, Sec. 22-352 (A) No address numbers posted on duplex. Violation address: 4302 Rose Ave., Naples, FL 34112 Folio: 67490680002 The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Delivery of the Notice, via Certified Mail on April 22, 2009, was provided by the U.S. Postal Service. Investigator Keegan stated he has had no further contact with the Respondent after the initial phone call on March 19,2009. The violation has not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to post the appropriately sized, correct address numbers on the property on or before May 7, 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 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 Sheriffs Office. The Respondent is ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$117.87 on or before June 1,2009. 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 9 May 1, 2009 6. Case #CEV 20090002773 - BCC vs. Jennifer DeFrancesco The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was/not present. Violations: Ord. 04-41, Sec. 2.01.00(A) and 4.05.03(B) Unlicensed/inoperable vehicle parked in rear yard of residential zoned property Violation address: 4302 Rose Ave., Naples, FL 34112 Folio: 67490680002 The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Delivery of the Notice, via Certified Mail on April 22, 2009, was provided by the U.S. Postal Service. Investigator Keegan stated he has had no further contact with the Respondent after the initial phone call on March 19,2009. The violation has not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to repair the vehicle to make it operational and obtain valid tags. When parking the vehicle in the front yard, it is to be parked on a fully stabilized surface, or the vehicle is to be stored in a completely enclosed structure, or completely removed from the premises on or before May 7,2009 or afine of $50. 00 per day will be imposedfor 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 is ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.22 on or before June 1,2009. 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: $118.22 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 5. Case #CEPM 20080012982 - BCC vs. Graciela Wrie:ht. Elizabeth Garnelo & Salvador Garnelo The County was represented by Code Enforcement Investigator Thomas Keegan. 10 May 1, 2009 The Respondents were not present. Violations: Ord. 07-4, Ch. 22, Art. VI, Sec. 22-243, and Florida Statute Ch. 162, Sec. 162.06(4) Unsecured vacant home being utilized by homeless/squatters presenting serious threat to public safety of neighboring properties Violation address: 2360 Washington Ave., Naples, FL Folio: 51693160102 The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Investigator Keegan stated the violations had been abated. The County requested Imposition of Fines in the total amount of $118.04 in payment of the Operational Costs. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $118.04. 6. Case # 2007100969 - BCC vs. Y ordanva Hector The County was represented by Code Enforcement Investigator Ed Morad. The Respondent was also present. Violations: Ord. 05-44, Sec. 6 & 7 Accumulation of litter Violation address: 2081 Sunshine Blvd., Naples, FL Folio: 36114320006 The correct spelling of the Respondent's first name is Yorany~. The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Proof of delivery of the Notice on April 23, 2009 was provided by the U.S. Postal Service. Investigator Morad stated the violations had been abated. The County requested Imposition of Fines in the total amount of$293.70 in payment of the Operational Costs. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $293.70. 7. Case #2007100970 - BCC vs. Yordanvs Hector The County was represented by Code Enforcement Investigator Ed Morad. The Respondent was also present. II May 1, 2009 Violations: Ord. 04-41, Sec. 2.01.00(A) Inoperable/untagged vehicles parked in residential area. Violation address: 2081 Sunshine Blvd., Naples, FL Folio: 36114320006 The Notice of Hearing was posted at the property and the Courthouse on April 20, 2009. Investigator Morad stated the violations had been abated. The County requested !imposition of Fines in the total amount of $264.40 in payment of the Operational Costs. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $264.40. 9. Case #2007101069 - BCC vs. Israel G. Munoz The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was also present. Violations: Ord. 05-44, Sec. 6,7 & 8 Litter consisting of, but not limited to, tires, wood, assorted metals and plastics, car batteries, old motors, trash, car parts, coolers, etc. Violation Address: 1416 N. Orange St., Immokalee, FL Folio: 30681680000 Supervisor Waldron stated the County had dismissed the case due to payment. 10. Case #2007101070 - BCC vs. Israel G. Munoz The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was also present. Violations: Ord. 04-41, Sec. 02.01.00(A) Multiple unlicensed/inoperable vehicles parked in residentially zoned area Violation address: 1416 N. Orange St., Immokalee, FL Folio: 30681680000 Supervisor Waldron stated the County had dismissed the case due to payment. 12. Case #2007101041 - BCC vs. Sebastiana Romero c/o Raul Romero The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was also present. 12 May 1, 2009 Violations: Ord. 05-44, Sec. 6, 7 & 8 Accumulation of litter Violation address: 1419 Orange St., Immokalee, FL Folio: 30682360002 The Notice of Hearing was posted at the property and the Courthouse on April 21, 2009. Proof of delivery of the Notice on April 25, 2009 was provided by the U.S. Postal Service. Investigator Musse stated the violations had been abated. The County requested Imposition of Fines in the total amount of $117.60 in payment of the Operational Costs. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $117.60. 13. Case #CENA 20080009497 - BCC vs. Wallace R. Parker TR.. Steve H. Parker TR. & Wallace Parker TR. UTD 8/2/96 The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was also present. Violations: Code of Laws & Ordinances Ch. 54, Art. VI, SEC. 54-181 Litter Violation address: 85 7th St., Bonita Shores, FL Folio: 24533040005 Supervisor Waldron stated the County had dismissed the case due to payment. VII. OLD BUSINESS: None VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office 1. CASE NO: 2006070434 OWNER: William Williams 2. CASE NO: 2005060225 OWNER: Laker Investment Mgmt., Inc. 3. CASE NO: 2005100724 OWNER: Randy Shelton 4. CASE NO: CESD20080007891 13 OWNER: 5. CASE NO: OWNER: 6. CASE NO: OWNER: 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: May 1, 2009 HSBC Bank USA, Natl. Assoc., TR c/o EMC Mortgage Corp. CESD20080007775 HSBC Bank USA, Natl. Assoc., TR c/o EMC Mortgage Corp. 2007020068 (WITHDRA WN by the County) Lora Jones 2007060709 Shanna Ward 20071 00446 Capital Edge, LLC, Trust Designs Land Trust UTD 5/12/06 2007080938 Linda & William Haines CEV20080007422 Jill J. Weaver & Henry J. Tesno 2007080486 Douglas Menendez 2007110238 James W. Johnson CEPM20080001391 (WITHDRA WN by the County) Edilbray Perez & Belkis Martinez The Special Magistrate reviewed the 11 cases cited in the Executive Summary and GRANTED the County's request to forward the cases to the County Attorney's Office. D. Request for Special Magistrate to Impose Nuisance Abatement Liens on cases referenced in submitted Executive Summary. The Special Magistrate reviewed the 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 15, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. 14 May 1, 2009 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11 :35 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate, The Minutes were approved by the Special Magistrate on as presented _, or as amended 15