CESM Minutes 05/15/2009
May 15, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, May 15,2009
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:
J ennifer Waldron, Code Enforcement Investigative Supervisor
Michele McGonagle, Administrative Secretary
May 15,2009
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: 9:14 AM
RECONVENED: 9:40 AM
II. APPROV AL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, noted the following
changes:
(a) Under Item V (B), "Hearings," Agenda #10 and #11, the name of the DAS Officer
was corrected to Christopher Johnson.
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County:
. Agenda #1, Case #PR 000648 - CEEX 20090004852 - BCC vs. Kathy
Dean
. Agenda #2, Case #PR 000644 - CEEX 20090004850 - BCC vs. Daryl E.
Dean
. Agenda #8, Case #DAS 11907 - CEEX 20090004832 - BCC vs. Matthew
Berman
. Agenda #9, Case #DAS 11908 - CEEX 20090004828 - BCC vs. Matthew
Berman
. Agenda #10, Case #DAS 11091 - CEEX 20090004818 - BCC vs. Matthew
Berman
. Agenda #11, Case #DAS 11092 - CEEX 20090004804 - BCC vs. Matthew
Berman
. Agenda #13, Case #CEAU 20080002829 - BCC vs. Lourdes Zafra &
Carlos Lago
(c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
. Agenda #3, Case #PR 000646 - CEEX 20090004847 - BCC vs. Carole V.
Lakeway
. Agenda #4, Case #PR 000647 - CEEX 20090004849 - BCC vs. Fred
Lakeway
. Agenda #5, Case #PR 000643 - CEEX 20090005022 - BCC vs. Nanette
Lee Boksha
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May 15, 2009
. Agenda #6, Case #PR 000645 - CEEX 20090005024 - BCC vs. Myron
David Boksha
(d) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County due to compliance:
. Agenda #15, Case #CESD 20080006325 - BCC vs. Charles M. Griffin, Jr.,
Trustee
. Agenda #16, Case #CESD 20080006290 - BCC vs. Charles M. Griffin, Jr.,
Trustee
(e) Under Item VI (A), "Motion for Imposition of Fines," the following case was
DISMISSED by the County:
. Agenda #3, Case #2007070652 - BCC vs. James M. Poteet
(f) Under Item VI (A), "Motion for Imposition of Fines, "the following case was
added:
. Agenda #8, Case #2006100784 - BCC vs. William Scherer
(g) Under Item VII, "Old Business," the following case was added:
. Case # CENA 20080005608 - BCC vs. James and Judy Ann Blake
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
Corrections:
. Under Item VI(A), "Imposition of Fines" - Agenda #6, Case's #2007100969 &
Agenda #7, Case #2007100970 - BCC vs. Yordanys Hector - the Respondents
were not present.
. Under Item VI(A), "Imposition of Fines" - Agenda #12 - Case #2007101041 -
BCC vs. Sebastiana Romero c/o Raul Romero - the Respondent was not present.
. Under Item VI(A), "Imposition of Fines" - Agenda #6 - Case #2007100969 -
BCC vs. Yordanya Hector, the correct spelling of the Respondent's name is
Y ordany!:.
The Minutes of the Special Magistrate Hearing held on May 1,2009 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines - None
B. Motion for Continuance
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May 15, 2009
14. Case #CEV 20090003089 - BCC vs. Saint Louis Moise
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Thomas Keegan was present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec. 2.01.00(A)
Unlicensedlinoperable trailer
Folio No.: 67491080009
Violation Address: 4415 Thomasson Lane
The Special Magistrate stated a handwritten note was received by Code Enforcement
on May 14,2009 and was not timely-received (i.e., five days before the Hearing). The
note was signed by the Respondent's wife and not by the Respondent. There was no
proof attached to the note showing the travel plans were made prior to receipt of the
Notice of Hearing.
The Special Magistrate DENIED the Respondent's Motion for Continuance.
C. Motion for Extension of Time
1. Case #CESD 20080013392 - BCC vs. The Club at Barefoot Beach. Inc.. aka
Miramar Beach & Tennis Club. Inc.
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse.
The Respondent was represented by Benjamin Heatherington, General Manager.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)(1)(A), 10.02.06(B)(1)(E) & 10.02.06(B)(1)(E)(I)
Permit #920004509 for a boardwalk was issued on April 16, 1992 and
expired on October 16, 1992 without obtaining Certification of
Completion.
Folio No: 54755120753
Violation address: 105 Shell Drive, Bonita Springs
Benjamin Heatherington, residing at 16263 Ravina Way, Naples, Florida 34110,
appeared on behalf of the Respondent in his capacity as General Manager of The
Club at Barefoot Beach, Inc.
Frank E. Gore appeared as Sales Manager for Nelson Marine Construction, Inc.
Investigator Musse stated the County did not object to the Motion for Extension of
Time.
Mr. Heatherington stated The Club contracted with Nelson Marine Construction to
begin the work on the project. He noted turtle season has begun and no work will be
allowed until the end of the season.
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May 15, 2009
Mr. Gore stated the permit process has been more lengthy than originally anticipated.
An "as built" survey was required, has been ordered, and is in process. Upon receipt
of the survey, Nelson Marine will contact Florida DEP to determine what else is
needed.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of
Time and the time was extended to December 18, 2009.
The Special Magistrate noted the Respondent will not be required to appear on
December 18, 2009 if the County is satisfied there has been compliance.
V. PUBLIC HEARINGS
A. Stipulations: None
B. Hearings:
7. Case #PR 040287 - CEEX 20090004838 - BCC vs. Jorma Teresinski
The Hearing was requested by the Respondent who was present.
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 access
The Respondent resides at 9611 Spanish Moss Way, #3725, Bonita Springs, Florida
34135.
The Respondent stated he did park in a space without any painted markings and there
were no signs stating that parking was not allowed in the area.
Park Ranger Araquistain introduced three photographs which were marked as
County's Exhibits "A," "B," and "c" and admitted into evidence. He stated the
parking spaces at Barefoot Beach are well-defined. The Respondent had parked in an
area that was actually a traffic circle.
The Special Magistrate noted parking is not allowed unless in a designated parking
spot as defined by white lines. Handicapped parking is also clearly marked.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civilfine in the amount of
$30.00 and an administrativefee 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 June 15, 2009.
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May 15,2009
The Respondent asked ifhe had any other recourse. The Special Magistrate explained he
has the right to appeal the decision to the Circuit Court within 30 days and he must obtain
a transcript of the Hearing.
Total Amount Due: $85.00
12. Case #PR 041258 - CEEX 20090004380 - BCC vs. Gion!ina Oropeza
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Sherman Burr was also present.
[The Investigator stated his last name is "Burr," not Pover as noted on the Agenda.]
Violations: Code of Law & Ord., Sec. 130-66
Failure to display paid launch receipt.
Violation Address: Cocohatchee Marina
The Respondent resides at 441 Tenth Avenue NE, Naples, Florida 34120.
The Respondent stated she was waiting for her husband to arrive at the park and had
parked the boat trailer. She stated she had purchased a ticket but did not put it on the
dashboard because the boat had not been launched.
Park Ranger Burr stated there were differences between his copy of the Citation and
the Citation received by the Respondent.
The Respondent noted the truck is registered in her father's name (Raphael Luyando)
but she and her husband own it. She stated her father was not aware of the Hearing
since the Notice was sent to her.
The Special Magistrate stated the Respondent may pay the fine or the case will be re-
noticed and her father will receive a Notice of Hearing.
The Special Magistrated CONTINUED the case until it is re-noticed.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
7. Case #CEPM 20080014195 - BCC vs. Ester M. & Jore:e L. Torres
The County was represented by Collier County Code Enforcement Investigator
Jonathan Musse.
The Respondent, Jorge L. Torres, was present and also represented his wife, Ester.
Violations: Collier County Code of Laws and Ord., Chapter 22, Building and
Building Regulations, Article II, Florida Building Code, Section
22-26(103.11.2)
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May 15, 2009
Pool without a permitted pool enclosure or barrier
Folio No. 75460400000
Violation Address: 1340 Center Lane, Naples, FL 34110
The Respondents reside at 1340 Center Lane, Naples, Florida 34110.
Investigator Musse stated the violations have not been abated, but the Operational
Costs were paid.
The County requested imposition of fines in the amount of $3,900 for the period from
April 7, 2009 through May 15, 2009 ($100/day for 39 days), for a total amount of
$3,900.
The Respondent stated there was a death in his family, and his wife was involved in
an automobile accident. He erected two temporary barriers around the pool. He has
not had the money to complete the job and was requesting an additional 30 days. He
stated the property has been posted with "No Trespassing" signs.
The Investigator stated the temporary barrier was erected in a timely manner and the
County would not object to granting a Continuance.
The Special Magistrate GRANTED the Respondent's Request and CONTINUED
the case until June 19, 2009.
VII. OLD BUSINESS
Case #CENA 20080005608 - BCC vs. James A. Blake and Judv Ann Blake
The Hearing was requested by the Respondents who were present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
also present.
The Respondents reside at 2064 Pineland Street, Naples, Florida 34112.
The Special Magistrate stated the subject of the Hearing was the lien imposed for
Nuisance Abatement costs. The County declared a nuisance for weed overgrowth on
the property, a notice was served and was abated by the County. The cost of the
abatement was $285 with an additional $200 for administrative costs, for a total of
$485.00.
The Respondent stated the property was posted but he did not find the Notice until
May 31,2008. He called Code Enforcement and said he would spray the lot with
herbicide. He was told he had a "few days" left to deal with the situation.
The property is a vacant lot in Immokalee. He stated he has owned the lot since 1976
and has previously received notification by County Inspectors by phone when the
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May 15, 2009
overgrowth became a problem. He stated the Contractor hired by the County mowed
not only his lot but the 10t next to his, which is owned by the Johnson family in
Tampa. He stated his cost should be half of the amount charged.
Investigator Mucha stated there have been four prior violations for the property since
2001. Three weed letters were sent and the property was posted. He stated the
County does not regularly call property owners to notify them ofviolations. The
Investigator introduced a photograph of the property taken on April 10, 2008 which
was marked as County's Exhibit "A" and admitted into evidence.
Mr. Mucha stated he did not realize there were two lots initially. He stated the cost
for mowing the Respondent's lot included $255 for the bushhog, $20 for triming the
weeds, and $10 for blowing the street. It is the standard cost for a lot. If each lot had
been cited, the cost would be $285.00 for "each" lot.
Mr. Blake still maintained he was being charged for both lots.
The Special Magistrate stated the County is mandated to follow the Ordinance which
provides for how Notice can be given. Posting the property fulfills the County's
obligation for proper Notice.
The Special Magistrate ruled the amount of $485.00 will be liened against the
property.
VI. NEW BUSINESS
A. Motion for Imposition of Fines
8. Case #2006100784 - BCC vs. William Scherer
The County was represented by Collier County Code Enforcement Investigator Heinz
Box.
The Respondent was present.
Violation: Collier County Ordinance, 2004-58, Sec. 16, Subsections 1 (A), (B), and
(C), 1(J), 2(A) and (B), the Property Maintenance Ordinance
Dilapidated vacant commercial structure, minimum non-residential
violations including exposed electrical wires, holes in cinderblock walls,
etc., as described in the Property Maintenance Inspection Report.
Folio No.: 74410481009
Violation Address: 3578 Tamiami Trail E., Naples, FL
The Respondent resides as 24790 Wax Myrtle, Bonita Springs, Florida 34134.
Investigator Box stated the violations have been abated.
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May 15, 2009
The County requested imposition of Operational Costs in the amount of $260.91,
together with fines in the sum of$141,500 for the period from October 5, 2007
through April 22, 2009 ($250/day for 566 days), for a total fine of$141,760.91.
The Investigator stated the building was demolished. The issue was the Contractor
did not obtain a "fire inspection" in order to have the Certificate of Completion
issued. He stated he contacted both the Respondent and the Contractor to notify them
of the requirement to obtain a "fire inspection." The Contractor indicated he would
handle the matter.
The Respondent was not aware of the "fire inspection" requirement until March or
April, 2009. He thought his Contractor had completed the job. He stated the
Contractor has maintained he was not required to obtain a "fire inspection."
The Respondent further stated he was not aware there were Operational Costs until
the Hearing. The Respondent stated the Investigator told him there would be no
problem to waive the fines.
Investigator Heinz asked for a reduction of the fines.
The Special Magistrate stated she would assess a fine in the amount of $500.00 in
addition to the Operational Costs of$260.91, for a total amount of$760.91.
The Respondent stated he is trying to sell the property and will pay the full amount
before the end of the Hearing.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the amount of $ 760.91, but DENIED the County's Motion to Impose a Lien.
RECESS: 11:08 AM
RECONVENED: 11:38 AM
V. PUBLIC HEARINGS
B. Hearings:
14. Case #CEV 20090003089 - BCC vs. Saint Louis Moise
The Hearing was requested Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec. 2.01.00(A)
Unlicensed/inoperable trailer
Folio No.: 67491080009
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May 15,2009
Violation Address: 4415 Thomasson Lane
The Notice of Hearing was posted at the property and the Courthouse on May 5,
2009.
Investigator Keegan stated the Notice of Violation was personally served on the
Respondent on April 1, 2009. The violation has been abated, but it has been a
recurring violation at the property.
The Special Magistrate assessed a fine of$150.00 due to the recurring nature of the
violations.
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 amount of
$150.00 on or before June 15,2009.
The Respondent was further ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case ill the amount of $117. 8 7 on or
before June 15, 2009.
Total Amount Due: $267.87
C. Emergency Case: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. Case # CELU 20080003483 - BCC vs. Ventura Flores
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau on behalf of Investigator Carmelo Gomez.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec. 2.02.03
Illegal outside storage of construction materials/equipment.
Folio No.: 36560160001
Violation Address: 2936 44th St. SW
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 6,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 4,2009.
Supervisor Letourneau stated the violation had been abated.
The County requested imposition of Operational Costs in the sum of$248.08.
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May 15, 2009
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $248.08.
2. Case #CEAU 20080003486 - BCC vs. Ventura Flores
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau on behalf of Investigator Carmelo Gomez.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec.5.03.01(A)
Erection of a canopy without a building permit.
Folio No.: 36560160001
Violation Address: 2936 44th St. SW
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 6,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 4,2009.
Supervisor Letourneau stated the violation had been abated.
The County requested imposition of Operational Costs in the sum of$248.17.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $248.17.
4. Case #CEPM 20080005817 - BCC vs. Frank Susi
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau on behalf ofInvestigator John Santafemia.
The Respondent was not present.
Violations: Collier Co. Code of Laws & Ord., Article VI, Chap. 22, Sec. 22-231,
Sub(s). 9, 121, & 19A.
Minimum housing violations consisting of exposed electrical wiring,
Inoperable and broken windows and property littered with debris
Folio No.: 62570720007
Violation Address: 606 111 th Ave. N., Naples, FL 34108
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 8,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 5, 2009.
Investigator Letourneau stated the violations had been abated.
The County requested imposition of Operational Costs in the sum of$117.52.
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May 15,2009
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $117.52.
5. Case # CESD 20080011167 - BCC vs. Frank Susi
The County was represented by Collier County Code Enforcement Investigator
Jonathan Musse.
The Respondent was not present.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s). 10.02.06(B)(1)(A), 1O.02.06(B)(I)(E) & 1O.02.06(B)(I)(E)(I)
Shed built without obtaining proper Collier Co. permits.
Folio No.: 62570720007
Violation Address: 606 111 th Ave. N., Naples, FL 34108
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 8,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 5, 2009.
Investigator Musse stated the violations have not been abated.
The County requested imposition of Operational Costs in the sum of $117.70,
together with fines in the amount of $2,800 for the period from March 21, 2009
through May 15,2009 ($50/day for 56 days), for a total amount of$2,917.70
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $2, 917. 70 and noted fines will continue to accrue.
6. Case #CENA 20080014239 - BCC vs. Peter E. Thomas
The County was represented by Collier County Code Enforcement Investigator
Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Law, Chapter 54, Article VI, Sec(s). 54-181 and
54-179
Unauthorized accumulation of litter and litter declared to be a public
nUIsance.
Folio No.: 62768400003
Violation Address: 748 96th Avenue N.
Supervisor Waldron stated the County had dismissed the case due to payment.
VIII. CONSENT AGENDA:
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May 15,2009
A. Request to Forward Cases to County Attorney's Office
The Special Magistrate reviewed the cases cited in the submitted Executive
Summary and GRANTED the County's request to forward the cases to the County
Attorney's Office.
B. 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, June 5,2009 at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
*****
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11 :55 AM.
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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