CESM Minutes 06/05/2009
June 5, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, June 5, 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 Supervisor
Michele McGonagle, Administrative Secretary
June 5, 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: 9:34 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (A), Stipulations were reached in the following cases:
. Agenda #5, Case #CESD 20090002088 - BCC vs. Jose A. Ortega
· Agenda #6, Case #CEPM 20090002094 - BCC vs. Jose A. Ortega
· Agenda #7, Case #CENA 20090003481- BCC vs. Joseph Matura Est.
· Agenda #3, Case #CELU 20090001878 - BCC vs. Reynold & Anne Jean-
Louis
(b) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
County:
· Agenda #2, Case #PR 000153 - CEEX 20090005249 - BCC vs. Terri
Lynn Heck
(c) Under Item V (C), "Emergency Cases," the following case was ADDED to the
Agenda:
· #PU 3838 - CEEX 20090009050 - BCC vs. Santa Barbara Granada Villas,
LLC
(d) Under Item VI (A), "Motion for Imposition of Fines," the following case was
DISMISSED by the County:
· Agenda #6, Case #CEPM 20080013722 - BCC vs. Alfredo & Miradis
Miralles
(e) Under Item VI (A), "Motion for Imposition of Fines," the following case was
ADDED to the Agenda:
· Agenda #8, Case #CENA 20080016562 - BCC vs. James & Debra
Gadsden
(f) Under Item VII, "Old Business," the following cases were WITHDRAWN by
the County:
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June 5, 2009
. Agenda #1, Case #CENA 20080007654 - BCC vs. Naples Custom
Properties, LLC
. Agenda #2, Case #CENA 20080007656 - BCC vs. Naples Custom
Properties, LLC
(g) Under Item IX, "Reports," the following cases were ADDED to the Agenda:
. Case #CEVFH 20080008631- BCC vs. Clean Ride Limo, Inc.
. Case #CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.
· Case #CEVFH 20080007285 - BCC vs. Clean Ride Limo, Inc.
. Case #CEVFH 20080007692 - BCC vs. Bobby D. Calvert
. Case #CEVFH 20080007684 - BCC vs. Neil Walmsley
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:
· Agenda #14 - Case CEV 20090003089 - BCC vs. Saint Louis Moise, the Case
should also be added under "Approval of Agenda"
· Under IV(C), "Motion for Extension of Time," Case CESD 20080013392 - BCC
vs. The Club at Barefoot Beach Inc., a/k/a Miramar Beach & Tennis Club, Inc.,
the Hearing was requested by the Respondent, not Collier County Code
Enforcement.
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 - None
C. Motion for Extension of Time - None
V. PUBLIC HEARINGS
A. Stipulations:
5. Case #CESD 20090002088 - BCC vs. Jose A. Orteea
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan.
The Respondent was not present.
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June 5, 2009
Violations: Collier County Code of Laws, Chapter 22 Building and Building
Regulations, Article II, Florida Building Code, Section 22-
26(b)(104.1.3.5) & Collier Co. Land Development Code 04-41, as
amended, Sec(s). 10.02.06(B)(1)(e) and 10.02.06(B)(I)(a)
Two unpermitted additions to mobile home without first obtaining
Collier County approval, permits, required inspections and Certificate of
Completion
Folio No: 61840440209
Violation address: 3085 Karen Drive, Naples, FL
A Stipulation was entered into by the Respondent on June 2, 2009.
Investigator Keegan stated the Respondent had admitted the violations were present.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to either obtain the necessary
permits, inspections and a Certificate of Completion for all improvements and/or
additions, or obtain a Collier County Demolition Permit, all required inspections,
and a Certificate of Completion to remove the additions on or before July 5, 2009,
or a fine of $100.00 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. 96 on
or before July 5, 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
6. Case #CEPM 20090002094 - BCC vs. Jose A. Orte!!a
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Sec. 22-
243
Unsecured windows on vacant mobile home
Folio No: 61840440209
Violation address: 3085 Karen Drive, Naples, FL
A Stipulation was entered into by the Respondent on June 3, 2009.
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June 5, 2009
Investigator Keegan stated the Respondent had admitted the violations were present.
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
Boarding Certificate and secure all openings on or before June 10, 2009 or a fine
of $1 00. 00 a day will be imposedfor each day the violation remains thereafter.
The Respondent was further ordered to either obtain the necessary permits,
inspections and a Certificate of Completion to repair any and all openings on the
mobile home, or to obtain a Collier County Demolition Permit, all required
inspections, and a Certificate of Completion to remove the mobile home on or
before September 5,2009, or afine of $1 00. 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 $117.70 on
or before July 5, 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
7. Case #CENA 20090003481 - BCC vs. Joseph Matura Est
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was represented by Rachael Matura, the daughter.
Santos Herrera appeared as a witness.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sec. 54-181 and
54-179
Unauthorized accumulation of litter and litter declared to be a public
nUIsance.
Folio No: 48780120000
Violation address: 2925 Pine Tree Drive, Naples
A Stipulation was entered into by Rachael Matura on behalf of the Estate of Joseph
Matura on June 5, 2009.
Ms. Matura resides at 4000 Coconut Circle South, Naples, Florida 34104 and is the
beneficiary of the Estate of Joseph Matura.
Mr. Herrera resides at 2925 Pine Tree Drive, Naples, Florida 34112 as a tenant. He
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June 5, 2009
stated he would be able to remove the litter by the deadline agreed to in the
Stipulation.
Investigator Keegan stated Ms. Matura admitted violations exist at the property.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove all litter from the
premises to an appropriate disposal facility on or before the close of business on
June 12, 2009, or a fine of $1 00.00 a 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 $118.05 on
or before July 5, 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: $118.05
3. Case #CELU 20090001878 - BCC vs. Revnold & Anne Jean-Louis
The Hearing was requested by Collier County Code Enforcement Investigator
Carmelo Gomez who was represented by Investigative Supervisor Jeff Letourneau.
Respondent, Anne Jean-Louis, was present.
Miguel Jean-Louis served as a translator for his mother.
Violations: Collier County Land Development Code 2004-41, as amended,
Section(s) 2.02.03
Storage of materials on lawn, driveway and backyard
Folio No: 35983720003
Violation address: 4735 25th Avenue SW
Mrs. Anne Jean-Louis resides at 4735 25th Avenue SW, Naples, Florida.
A Stipulation was entered into by Anne Jean-Louis on behalf of herself on June 5,
2009.
Miguel Jean-Louis stated his mother and father are separated, and his father does not
reside at the property. He stated he informed his father of the Notice.
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 22,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 12, 2009.
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June 5, 2009
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to remove the materialfrom the
premises to an appropriate disposal facility or store it in a completely enclosed
structure on or before June 19,2009, or afine of $1 00. 00 a day will be imposedfor
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
Enforcement during the prosecution of this case in the amount of $117.52 on
or before July 5, 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: $117.52
V. PUBLIC HEARINGS
B. Hearings:
1. Case #SO 154184 - CEEX 20090007639 - BCC vs. Erica MoniQue Garcia
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Deputy James Jaeger was not present.
Violations: Code of Law & Ord., Sec. 130-67
Parking in a handicapped space.
Folio No:
Violation address: Noah's Landing
The Respondent resides at 10585 Noah's Circle, #320, Naples, Florida 34116.
Supervisor Waldron verified the Sheriff s Office was notified of the Hearing and
received confirmation of receipt of the Agenda.
The Respondent moved for dismissal of the case.
The Special Magistrate GRANTED the Respondent's Motion for Dismissal.
4. Case #CEV 20090003564 - BCC vs. Stephen T. & Doreen Spauldin2:
The Hearing was requested by Collier County Code Enforcement Investigator
Carmelo Gomez who was represented by Investigative Supervisor Jeff Letourneau.
Respondent, Stephen T. Spaulding, was also present and represented his wife, Doreen
Spaulding.
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June 5, 2009
Violations: Collier County Land Development Code 2004-41, as amended,
Section(s) 4.05.03
Multiple vehicles parked on grass - Repeat Violation
Folio No: 36000360002
Violation address: 4589 30th Avenue SW
The Respondents reside at 4589 30th Avenue SW, Naples, Florida.
The Notice of Violation was sent on March 31, 2009 via Certified Mail and proof of
delivery on April 4, 2009 was provided by the u.s. Postal Service.
Supervisor Letourneau stated the violation had not been abated and introduced one
photograph, taken on June 4, 2009, which was marked as County's Exhibit "A" and
entered into evidence.
There have been two other cases regarding the same violation for the property.
The Respondent stated he works two jobs and is not home in the evenings when his
sons' friends come over and park wherever they want. He stated he will consult the
Planning Department to determine what measures are available, i.e., having stakes or
crushed stone placed in the yard to deter parking on the grass.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to park all vehicles on either a
pervious or imperviously-treated surface on or before June 10, 2009, or a fine of
$50.00 a 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
Enforcement during the prosecution of this case in the amount of $117.61 on
or before August 5, 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
VI. NEW BUSINESS
A. Motion for Imposition of Fines
3. Case #2006100419 - BCC vs. Garv L. Hauze
The County was represented by Collier County Code Enforcement Investigator
Michelle Scavone.
The Respondent was also present.
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June 5, 2009
Violations: Collier County LDC 04-41, as amended, Sec. 10.02.06(B)(1)(a),
1 0.02.06(B)(1 )( e), 1 0.02.06(B)(I)( 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
Folio No: 37493120007
Violation address: 280 10th Ave. NE, 34120
The Respondent lives at 280 10th Avenue NE, Naples, Florida 34120.
Investigator Scavone stated the Operational Costs of $117.96 were paid, but the
violation has not been abated and fines will continue to accrue.
The County requested Imposition of Fines in the sum of $26,000 for the period from
September 19,2008 through June 5, 2009 (260 days @ $100/day), for a total amount
of $26,000.
The Respondent stated he hired an Engineer who inspected the pole barn and signed
the Affidavit for the "Permit by Affidavit." He also paid the fee to obtain a new
permit and is waiting for it to be issued. He was told he would be contacted by the
County after the document had been reviewed.
The Investigator verified the permit is currently in "applied/pending" status.
The Special Magistrate CONTINUED the case until August 7, 2009.
Investigator Waldron stated she will provide the Respondent with contact information
for the County's Citizen Liaison.
7. Case #CEPM 20080016074 - BCC vs. Isabel Mancha Estate c/o Irene & Rosa
Mancha
The County was represented by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha and Investigative Supervisor Jeff Letourneau.
Respondent Irene Mancha was also present.
Julia Mancha appeared as a witness.
Violations: Collier County Code of Laws & Ord., Chap. 22, Article VI, Sec.22-231,
Subs. 1 and 2
Single family residence being occupied without being connected to
electricity or water
Folio No: 60181000008
Violation address: 218 5th Street N., Immokalee, FL 34142
Irene Mancha resides at 531 County Road 830, Felda, Florida, and her mailing
address is Post Office Box 642, Felda, Florida 33930.
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June 5, 2009
Julia Mancha resides at 309 Fairview Avenue, Fort Myers, Florida 33905.
Rosa Mancha resides in South Carolina.
Supervisor Letourneau stated the violation has not been abated.
The County requested imposition of Operational Costs of $177.78, together with fines
in the sum of$I,500 for the period from May 7,2009 through June 5, 2009 (30 days
@ $50/day), for a total amount of$I,617.78.
Investigator Mucha stated Irene Mancha had previously signed a Stipulation agreeing
to demolish the mobile home but has changed her mind and now wishes to repair the
vacated premises which has been secured by boarding. It is no longer a health, safety
or welfare issue.
Irene Mancha stated the trailer is also under the name of her sister, Rosa Mancha,
who did not agree to the demolition.
The Special Magistrate asked Irene Mancha if she had the authority to represent her
sister, Rosa, at the previous Hearing. She responded she thought she did, but her
sister did not agree.
The Special Magistrate ruled the case will be CONTINUED to August 7, 2009, and
the standing Order will not be stayed.
The Special Magistrate ordered the County to send a Notice of Hearing to appear at
the August 7,2009 Hearing to Rosa Mancha at 132 Millbury Drive, Summerville,
South Carolina. Irene Mancha is to contact the Code Enforcement office before the
close of business on Monday, June 8, 2009, to confirm the correct address for Rosa
Mancha.
The Special Magistrate stated if Irene Mancha wishes to repair the trailer she must
file ajoint motion with her sister requesting the Special Magistrate to modify the
standing Order. If a motion is not filed, the County may abate the violation by
demolishing the trailer.
Thefine of $50. 00 per day will continue to accrue.
RECESS: 11:10 AM
RECONVENED: 11:28 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines
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June 5, 2009
8. Case #CENA 20090016562 - BCC vs. James & Debra Gadsden
The County was represented by Collier County Code Enforcement Investigative
Supervior Kitchell Snow.
The Respondent, James Gadsden, was represented by his son, Scotty Gadsden, as the
Legal Guardian.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sec(s). 54-181,
54-179, and 54-184
Unauthorized accumulation of litter and litter declared to be a public
nUIsance.
Folio No.: 135720006
Violation Address: 620 Maple Drive South, Immokalee, Florida
Scotty Gadsden resides at 100 Maple Avenue North, Lehigh Acres, Florida 33936.
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 28,
2009 was provided by the U.S. Postal Service. Scotty Gadsden signed the delivery
receipt. The property and the Courthouse were posted on May 21,2009.
Investigator Snow stated Scotty Gadsden shall be included as a Respondent.
The Investigator stated the violation was abated by the County on May 8, 2009.
Scotty Gadsden stated his father was divorced from Debra Gadsden, his stepmother,
and the property was to have been titled in Ms. Gadsden's name solely by the
attorney who represented Mr. Gadsden during the divorce.
The Special Magistrate stated it is the obligation of the property owner to notify the
Tax Collector's Office of any change of address, which was not done by Debra
Gadsden.
The Special Magistrate noted the requirements of Ordinance regarding Notice had
been met.
The County requested imposition of Operational Costs in the amount of$117.87,
together with fines in the sum of $8,400 for the period from March 28, 2009 through
June 5, 2009 (42 days @ $200/day) plus reimbursement to the County for abatement
costs in the sum of $4,080, for a total amount of$12,597.87.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $12, 597. 87.
Scotty Gadsden stated he did not want to pay the lien if the property legally belonged
to Debra Gadsden. He stated he had maintained the property until the time the parties
went to Court regarding the divorce proceedings.
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June 5, 2009
The Special Magistrate suggested Scotty Gadsden contact the attorney to determine
why the transfer of title to the property did not take place. She informed Mr. Gadsden
he is entitled to appeal the decision within thirty days after the Order is entered, and
he can also file a Motion for a Rehearing within ten days.
V. PUBLIC HEARINGS:
C. Emergency Case:
Case #PU 3838 - CEEX 20090009050 - BCC vs. Santa Barbara Granada Villas.
LLC.
The Hearing was requested by Collier County Public Utilities Enforcement Investigator
Ray Addison who was present.
Erin Helfert appeared as a witness for the County.
The Respondent was not present.
Violations: Ord. 2005-44, Section(s) 9(4)
Petressible waste on ground consisting of, but not limited to, used
diapers, food, paint, motor oil not containerized in front of Building 201
Folio No.: 00400200002
Violation Address: 201 Santa Clara Drive, Naples, Florida
Ms. Helfert resides at 429 Hedgewood Street, Lehigh Acres, Florida 33974.
The Notice of Violation was posted at the property on May 22,2009. The Notice of
Hearing was posted at the property on May 27,2009 and at the Courthouse on
May 28,2009. Notices were also mailed, via Certified and regular mail delivery, to
the Respondent at 1401 Ponce de Leon Blvd., Suite 401, Coral Gables, Florida 33134.
The Special Magistrate noted the requirements of the Ordinance regarding Notice
had been met.
Investigator Addison provided the following history:
. July 11, 2008 - Investigator Cascio issued a Notice of Violation for
insufficient trash receptic1es in addition to a Citation for health, safety, and
welfare violations (first offense)
· July 12, 2008 - Invesitgator Casio returned, violation had not been abated
and Citation #PU 4351 was issued ($105 - second offense)
· July 18, 2008 - the Investigator returned for a recheck and the violation had
been abated
· September 2,2008 - Investigator Andreski issued Citation #PU 4435 - repeat
violation of the same offense
· September 8, 2008 - Investigator Andreski issued Citation #PU 4438 for a
mandatory Court appearance before the Special Magistrate (third offense) and
requested a fine of $500 due to the health, safety, and welfare issue. The
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June 5, 2009
Special Magistrate increased the fine to $750 plus Operational
Costs/administrative fees (total: $805) which had not been paid
. March 3,2009 - Investigator Addison issued Citation #PU 3834 for a mandatory
Court appearance before the Special Magistrate (fourth offense) for the same
violation.
. April 17 , 2009 - The Special Magistrate assessed a fine of $5,000 due to
severity ofthe health, safety and welfare issue (plus Operational/administrative
costs) to be paid on or before May 17, 2009. The Order was posted at the
property, but the fine of $5,055 has not been paid
. May 21,2009 - Investigator Addison issued Citation #PU 3838 for a
mandatory Court appearance (fifth offense) which is the subject of the current
Hearing
. May 30, 2009 - the violation remained and become worse
. June 1,2009 - a drive-by of the property was conducted and the violation was
noted to have been abated
. June 5, 2009 - a violation has been noted in another location (Building 116)
Erin Helfert stated the correct name of the condomium association is Granada Lakes
Villas Condominium Association, Inc. It is one of two Associations at the property.
The attorney for the Condo Association asked her to explain that Santa Barbara
Landings Property Owners Association, Inc. is the Master Association and is
controlled by the developer whose offices are in Coral Gables. The Master
Association controls all of the common elements of the community including the
waste recepticles.
The Sub-Association, Granada Lakes, is controlled by a Board of Directors and
oversees the buildings.
The Granada Lakes Association has filed suit (Case #09-4793-CA) to force turnover
of the Master Association which the developer has refused to do until a portion of the
rear of the property is completed.
Ms. Helfert further stated the developer is no longer performing any maintenance, and
the Master Association is refusing to permit access to common elements to either the
management company, KW Lakes, or the Sub-Association.
Investigator Addison requested assessment of a "super fine" due to the severity of the
health, safety and welfare issue. He suggested an amount of$15,000.
The Special Magistrate ruled the case was a repeat violation (5th offense) of a health,
safety and welfare issue. No efforts were made by the Respondent to comply until
June 1, 2009. The Special Magistrate assessed a fine in the amount of $25, 000.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$25,055 (Super fine - $25,000 plus Operational Costs - $50.00
plus an administrative fee - $5.00) to be paid on or before July 5, 2009.
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June 5, 2009
It was noted that Code Enforcement may request the issuance of a subpoena to compel
the developer's appearance at a Hearing for the newly-issued Citation (Building 116).
The Order will be posted at the property by Investigator Addison.
VII. OLD BUSINESS
3. Case #CENA 20080004434 - BCC vs. Rick Levine
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Property Maintenance Specialist Joe Mucha was
also present.
The Respondent resides at 853 Porter Street, Lehigh Acres, Florida 33974.
Violation: Nuisance Abatement
Amount of Lien: $2,200.00
Date: May 1, 2009
The Respondent stated he was not notified of the May 1 st hearing. He further stated
Detective Strickland of the Sheriff s Department had instructed him to refrain from
visiting the property or collecting rent due to an ongoing investigation. It was
approximately 90 - 120 days before the case was wrapped up. He boarded the mobile
home and removed the exotic pepper tree hedge and other debris (7 trailer loads). He
obtained a permit from Collier County and demolished the trailer. The cost was
approximately $15,000 between the lost rent, the cost ofthe permit and the cost of
demolition.
When he was first notified by the County, he called and was told that possibly other
properties were involved.
Investigator Mucha stated the County was requesting a Continuance in order to
investigate the invoice received by the County from the Contractor.
. In March, 2008, a letter was sent to the Respondent advising him of the
nUIsance
· On July 14, 2008, the County abated the violation by a Contractor
The Respondent stated he performed the clean-up himself prior to leaving in June.
Corporal Mike Taylor, Collier County Sheriffs Office, stated he has photographs of
the work being done by the Respondent which he will supply to Code Enforcement.
The Special Magistrate GRANTED the County's Motion for a Continuance to
July 8, 2009.
The Respondent stated if the photographs could not be emailed to him, he will meet
Investigator Mucha at the Immokalee office to review the photographs.
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June 5, 2009
V. PUBLIC HEARINGS:
B. Hearings:
10. Case #CEPM 20090002388 - BCC vs. AU2:ustin & Marie O. Dalusma
The Hearing was requested by Code Enforcement Investigative Supervisor Kitchell
Snow who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Property
Maintenance Code, Section 22-231(14),22-231(5),22-231(9),22-
231(10), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(12)(1), 22-
231(12)(p), 22-231(13), 22-231(19),22-231(20)
Derelict home used for prostitution and drugs with numerous property
maintenance violations
Folio No: 74030680002
Violation address: 406 2nd Street, Immokalee
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 30,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 21,2009.
Supervisor Snow stated a Lis Pendens has been filed against the property.
Corporal Mike Taylor, Collier County Sheriff's Office, stated the property owner
signed a "No Trespass" Agreement and noted the property is going into foreclosure.
Supervisor Snow introduced thirteen photographs which were marked as County's
Composite Exhibit "B" and entered into evidence. He also introduced 14 photographs
which were marked as County's Composite Exhibit "C" and entered into evidence.
The Supervisor noted the property is going into foreclosure and requested all costs/fees
to be assessed to the property.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to obtain a Collier County
Demolition Permit, all required inspections, and a Certificate of Completion to
remove the mobile home on or before June 10,2009, 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 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 property.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondents are ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$118.40 on
or before July 5, 2009.
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June 5, 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
RECESS: 12:54 PM
RECONVENED: 1:05 PM
V. PUBLIC HEARINGS:
B. Hearings:
8. Case #CEPM 20090003069 - BCC vs. Bavshore Club LP Indiana Ltd.
Partnership c/o Pinnacle Properties
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Sec. 22-243
Recurring violation of numerous vacant units with unsecured doors and
windows creating a health and safety hazard
Folio No: 61836480008
Violation address: 4580 Bayshore Drive, Naples, FL 34112
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 27,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 12, 2009.
Investigator Keegan stated a Lis Pendens was filed against the property and the
bank's representative had been present earlier to observe the proceedings. He further
stated he met Williams Bayes, the bank's vice president, on March 23,2009 at the
premises. The Notice of Violation was issued. Mr. Bayes signed a "No Trespass"
Agreement with the Sheriffs Office on April 20, 2009.
The Investigator introduced eight photographs, taken on May 18, 2009, which were
marked as County's Composite Exhibit "A" and entered into evidence. He noted the
premises is vacant, and the violations have not been abated.
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
Boarding Certificate and secure all openings (approximately 40 units) on or before
June 10, 2009, or a fine of $1 00.00 per unit per dav will be imposed for each day
the violation remains thereafter.
The Respondent was further ordered to either obtain the necessary permits,
inspections and a Certificate of Completion to repair all openings at the vacant
structure, or obtain a Collier County Demolition Permit to demolish the complex,
16
June 5, 2009
all required inspections, and a Certificate of Completion on or before September 5,
2009, or a fine of $1 00.00 per unit per dav 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. 70 on
or before July 5, 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
9. Case #CEAU 20090003065 - BCC vs. Bavshore Club LP Indiana Ltd.
Partnership c/o Pinnacle Properties
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was not present.
Violations: Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1
and Collier County Land Development Code 04-41, as amended,
Section 5.03.02(A)
Chain link fence in need of removal or repair, large sections of fencing
missing and destroyed
Folio No: 61836480008
Violation address: 4580 Bayshore Drive, Naples
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 27,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 12,2009.
Investigator Keegan introduced seven photographs which were marked as County's
Composite Exhibit "A" and entered into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to either obtain the necessary
permits, inspections and a Certificate of Completion to repair the fencing, or
obtain a Collier County Demolition Permit to remove the fencing, all required
inspections, and a Certificate of Completion on or before June 12, 2009, or a fine
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.
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June 5, 2009
The Respondent is ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.87 on
or before July 5, 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
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. Case #CEV 20090001402 - BCC vs. Rufina Cruz & Moises Hernandez
The County was represented by Collier County Code Enforcement Investigator
Thomas Keegan.
The Respondents were not present.
Violations: Collier County Land Development Code Ord. 04-41, as amended,
Sec. 2.01.00(A)
Unlicensed/inoperable vehicle parked/stored on residential zoned
property.
Folio No: 52700240008
Violation address: 3156 Van Buren Avenue
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 22,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 22,2009.
Investigator Keegan stated the violations had been abated.
The County requested imposition of Operational Costs in the amount of $117.78.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$117. 78.
2. Case #CENA 20090001013 - Jean Claude Martel
The County was represented by Collier County Code Enforcement Investigator
Thomas Keegan.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-179,
54-180, and 54-181
Repeat violation of litter
Folio No: 61839320000
Violation address: 3190 Karen Drive
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June 5, 2009
The Notice of Hearing was personally delivered to the Respondent on May 19,2009
by Investigator Keegan.
The Notice of Hearing was also sent via Certified Mail and proof of delivery on
June 1,2009 was provided by the U.S. Postal Service.
Investigator Keegan stated the violation had been abated.
The County requested imposition of Operational Costs in the sum of$117.78 together
with fines in the amount of$2,100 for the period from April 21 through April 27,
2009 (7 days at $300/day) and a civil penalty in the amount of$5,000, for a total
amount of$7,217.78.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$7,217. 78.
4. Case #CESD 20080009445 - BCC vs. Odet A. Mendez
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau on behalf of Investigator Renald Paul.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended, Sec.
1 0.02.06(B)(1)( a)
Garage conversion without obtaining a building permit
Folio No: 35880920003
Violation address: 1924 41st St.SW, Naples, 34116
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 29,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 12, 2009.
Supervisor Letourneau stated the violation has not been abated and fines continue to
accrue.
The County requested imposition of Operational Costs in the sum of $117.43 together
with fines in the amount of $9,000 for the period from April 22, 2009 through June 5,
2009 (45 days at $200/day), for a total amount of$9,117.43.
The Supervisor noted the foreclosed property was scheduled to be auctioned on June
2,2009. He did not have the results of the action.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount 0[$9,117.43 and noted thatfines continue to accrue.
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June 5, 2009
5. Case #CEPM 20080009793 - BCC vs. Ale2ro Owens and Lillie Bell Owens
The County was represented by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau and Property Maintenance Specialist Joe Mucha.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Sec. 22-
231, Sub(s). 1-5,9-11, 12(b), 12(c), 12(i)-12(p), 19 and 20
Abandoned and unsecured mobile home maintained in deteriorated
condition.
Folio No: 56401280004
Violation address: 304 Rose Ave., Immokalee, 34142
The Notice of Hearing was sent via Certified Mail and proof of delivery on May 27,
2009 was provided by the U.S. Postal Service. The property and the Courthouse were
posted on May 22,2009.
Supervisor Letourneau stated the County abated the violation on March 24, 2009.
The County requested imposition of Operational Costs in the sum of $118.22 together
with fines in the amount of$31,750 for the period from November 18, 2008 through
March 24, 2009 (127 days at $250/day), and reimbursement of abatement costs to the
County of $2,824.95, for a total amount of $34,693.17.
The Special Magistrate GRANTED the County's Request for Imposition of Fines
in the total amount of$34,693.17.
VII. OLD BUSINESS
4. CASE NO:
OWNER:
PR042197 - CEEX20090002325
Roger and Patricia Rutherford
The Respondents paid the Citation fee and submitted a letter which enclosed a
copy of their check. The County requested the Order be rescinded.
The Special Magistrate GRANTED the County's Request to Rescind the Order.
5. CASE NO:
OWNER:
2005110400
Mario Alberto Garcia
The Respondent paid the Operational Costs ($455.50), but still owes the sum of
$250 for the one day that the property was out of compliance. The Order imposed
an incorrect amount of the lien.
The Special Magistrate GRANTED the County's Motion to Amend the previous
20
June 5, 2009
Order. The Special Magistrate waived the fine.
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the submitted Executive
Summary and GRANTED the County's request to forward the referenced 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 one case cited in the Executive Summary and
GRANTED the County's request to impose a Nuisance Abatement Lien.
IX. REPORTS:
1. CASE NO:
OWNER:
CO-00194 CEVFH20080007574
Clean Ride Limo, Inc.
· Case #CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo, Inc.
· Case #CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00195 CEVFH 20080007692 - BCC vs. Bobby D. Calvert
· Case #CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley
The Special Magistrate stated she will enter an Order in the above-referenced cases
resolving the following issues based upon the Findings of Fact:
Issues:
I. Whether the provisions of Collier County's Vehicle for Hire Ordinance are in
conflict with any Florida Statutes.
II. Whether Florida Statutes, Section 322.41, is a prohibition against imposition of
the requirements of Collier County's Vehicle for Hire Ordinance as a condition to
operating in Collier County and, therefore, exempts Clean Ride Limo from the
requirements of Collier County's Vehicle for Hire Ordinance No. 2006-59 by
virtue of holding a commercial driver's license.
III. Whether Clean Ride Limo's registration with the FDOT is equivalent to a
"license" which, pursuant to Section 142-28(b) of the Collier County Code of
Laws and Ordinance, would exempt Clean Ride Limo from the requirements of
Collier County's Vehicle for Hire Ordinance No. 2006-59.
IV. Whether the Respondents are in violation of the Collier County Vehicle for Hire
Ordinance.
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June 5, 2009
Findin1!s of Fact:
I. No.
II. No, the requirements of the Ordinance are separate and distinct from the granting
of a privilege to drive. The Ordinance regulates commercial operation, not the
ability to drive in Collier County.
III. No.
IV. Yes.
The Special Magistrate stated appropriate penalties will be assessed for each violation
and the Order will be sent to the Respondents and to the County.
2. CASE NO: DAS 11929
OWNER: Danielle Smith
3. CASE NO: DAS 11930
OWNER: Danielle Smith
4. CASE NO: DAS 11931
OWNER: Danielle Smith
5. CASE NO: DAS 11932
OWNER: Danielle Smith
6. CASE NO: DAS 11933
OWNER: Danielle Smith
7. CASE NO: DAS 11934
OWNER: Danielle Smith
8. CASE NO: DAS 11935
OWNER: Danielle Smith
9. CASE NO: DAS 11936
OWNER: Danielle Smith
10. CASE NO: DAS 11937
OWNER: Danielle Smith
11. CASE NO: DAS 11938
OWNER: Danielle Smith
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June 5, 2009
Issues:
I. In Cases #DAS 11929 through 11937, whether the Respondent deprived any animal
of good and wholesome water.
II. In Case #DAS 11938, whether the Respondent was in violation of the Ordinance
prohibiting the creation of a sanitary nuisance around a trailer housing two pigs.
Findin2s of Fact:
I. Yes.
II. Yes.
The Special Magistrate stated in all of the above-referenced cases, the Respondent was
found guilty and the written Orders will reflect the Factual Findings.
. In each of the first nine cases (#DAS 11929 through 11937), a fine of$250.00
was assessed, together with Operational Costs of $50.00 and administrative fee of
$7.00 ($307.00).
. In Case #DAS 11938, a fine of$100.00 was assessed, together with Operational
Costs of$50.00 and administrative fee of$7.00, for a total of$157.00.
. The fines and costs are to be paid on or before July 5,2009.
X. NEXT HEARING DATE - Friday, June 19,2009 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 1 :57 P.M.
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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