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CESM Minutes 07/08/2009 July 8, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 8, 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 Colleen Davidson, Administrative Secretary July 8, 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: 9:15 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (B), "Motions for Continuance," the following case will be heard: · Agenda #2, Case #SO 158254 - CEEX 20090009315 - BCC vs. Albert Burger (b) Under Item V (A), "Stipulations," the following case will be heard: · Agenda #8, Case #CEPM 20080012845 - BCC vs. Star Mobile Home Park LLC, c/o Ignacio Soto (c) Under Item V (B), "Hearings," the following cases were DISMISSED by the County: · Agenda #5, Case #PRB 000193 - CEEX 20090009872 - BCC vs. Reiner Hervis · Agenda #6, Case #PRB 000192 - CEEX 20090009870 - BCe vs. Reiner Hervis Madruga (d) Under Item V (B), "Hearings," the following case was WITHDRAWN by the County: · Agenda #9, Case #CEPM 20080003764 - BCC vs. Lillian Freeman The Special Magistrate approved the Agenda as amended, subject to changes made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 - June 19, 2009 Corrections: · Agenda #4, Case #097712 - CEEX 2009-0007756 BCC vs. Robert Murphy, the Hearing was requested by the Respondent, not the Sheriffs Office. · On Page 16, 6th paragraph, the sentence should read: The Special Magistrate 2 July 8, 2009 stated the bill for the litter (#2-CENA 20080007656) charged $405 to remove six cubic yards of litter plus a one-time charge for mowing which was included. · On Page 16, bottom of page, add Case #CENA 20080007656 to that sentence. · Regarding Agenda No.1, 2, 4, 5, 6, 7 and 10, the Respondents were not present. · The correct case number for Agenda #3 is CENA 2008-0013972. The Minutes of the Special Magistrate Hearing held on June 19,2009 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance: 2. Case #SO 158254 - CEEX 20090009315 - BeC vs. Albert BUri!er The Hearing was requested by the Respondent who was not present. Collier County Sheriffs Office Deputy W. Shattuck was present. Violations: Code of Law & Ord., Sec. 130-67 Handicapped space, striped blue Violation address: Publix; 15265 Collier The Special Magistrate noted the Respondent's letter requesting a Continuance cited medical reasons and included a note from his physician. The Special Magistrate GRANTED the Respondent's Motion for a Continuance. C. Motion for Extension of Time - None V. PUBLIC HEARINGS A. Stipulations: 8. Case #CEPM 20080012845 - BCC vs. Star Mobile Home Park. LLc. c/o I2nacio Soto The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was represented by his daughter, Carmen Soto, in her capacity as Park Manager for Star Mobile Home Park, LLC. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, Subsections 2,3,4,5,7,9,11, 12B, 12C, 121, 12J, 12K, 12L, 120, 12P, 19, and 20 Vacant mobile home maintained in deplorable condition 3 July 8, 2009 Folio No: 00127640000 Violation address: 417 15th Street N, #A-6, Immokalee A Stipulation was entered into by Carmen Soto, as Park Manager, on behalf of the Respondent, Star Mobile Home Park, LLC, on July 8,2009. Carmen Soto resides at 1507 Immokalee Drive, Immokalee, Florida 34142. Investigator Mucha stated the Operational Costs of $117.78 have been paid by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and ordered to hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the mobile home, all required inspections and a Certificate of Completion on or before August 8,2009, or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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 to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. The Investigator stated the Respondent had hired a Contractor and the Demolition Permit application is currently in "apply status." B. Hearings: 1. Case #SO 158253 - CEEX 20090009313 - BCC vs. Dawn Woodhouse The Hearing was requested by the Respondent who was present. Collier County Sheriffs Office Deputy Michelle Shattuck was also present. Violations: Code of Law & Ord., Sec. 130-67 Handicapped space, striped blue Violation address: Publix; 15265 Collier The Respondent resides at 7945 Preserve Circle, #524, Naples, Florida 34119. The Respondent stated her motorcycle was parked in the access area which she did not know was considered part of handicapped parking. She stated she thought she should receive a legal warning. Corporal Michelle Shattuck stated the motorcycle was illegally parked in the handicapped access area and a Citation was issued. 4 July 8, 2009 The Special Magistrate viewed the Corporal's photographs taken at the site on May 16,2009 (on camera). 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 $250. 00 and an administrativefee of $5. 00. The Respondent was 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 August 8, 2009. Total Amount Due: $305.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 6. Case #CEV 20080014936 - BCC vs. Ronald & Nanette Briia The County was represented by Collier County Code Enforcement Field Investigator Azure Sorrels. The Respondents were represented by their attorney, Fred W. Mundie, Jr. Violations: Collier County Land Development Code 2004-41, as amended, Sec. 2.01.00(A) Unlicensed / inoperable boat trailer parked/stored on residential property. Folio No: 52344440002 Violation address: 91 Dolphin Circle, Naples Investigator Sorrels stated the violation had been abated. The County requested imposition of fines in the amount of $1 ,050 for the period from June 2,2009 through June 22, 2009 (21 days @ $50/day) for a total amount of $1,050. Attorney Mundie stated the violation was due to the tenant's property and eviction proceedings took longer than anticipated. He further stated there was a problem with the posting of the 5-day Eviction Notice by the Collier County Sheriffs Office who delayed posting by one week until personal service was obtained. The owners could not take possession of the property until June 19,2009. The violation was abated at that time but the Investigator did not inspect the property until June 22, 2009. The Respondents requested that the fines be waived. The Special Magistrate noted the Operational Costs of $117.61 had been paid. The Special Magistrate DENIED the County's Motion for Imposition of Fines and GRANTED the Respondents' Request for Dismissial of Fines. 5 July 8, 2009 V. PUBLIC HEARINGS B. Hearings: 3. Case #PR 040560 - CEEX 20090009491 - BCC vs. Mirsad Doric The Hearing was requested by the Respondent who was represented by his son, Denis Doric. Collier County Park Ranger Barry Gorniak was also present. Violations: Code of Law & Ord., Sec. 130-67 Handicapped space, no permit Violation address: Vanderbilt Beach access Denis Doric resides at 1508 Bay Road, Miami Beach, Florida 33139. The Special Magistrate noted the Respondent requested in writing that his son, Denis Doric, represent him. Denis Doric stated his father pulled the vehicle into the handicapped space in order to switch drivers. Park Ranger Gorniak introduced one photograph, marked as County's Exhibit "A," which was admitted into evidence. He referred to Section 130-32 from the County's Ordinance, under definitions, which described "parking" as "the standing of a vehicle whether occupied of not. " The Special Magistrate noted the length of time the car remained at the handicapped parking space was not important - the location of the vehicle was the determining factor. 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 $250. 00 and an administrativefee of $5. 00. The Respondent was 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 August 8, 2009. Total Amount Due: $305.00 4. Case #PR 000153 - CEEX 20090005249 - BCC vs. Terri Lvnn Heck The Hearing was requested by the Respondent who was present. Collier County Park Ranger Mauricio Araquistain was also present. Violations: Ord. 3.11.4, Section(s) 246-28(B)(13) Damaged Gopher Tortoise burrow with vehicle Violation address: Barefoot Beach 6 July 8, 2009 The Respondent resides at 1925 Clifford Street, #501, Ft. Myers, Florida 33901. The Respondent stated she was attempting to park on the shoulder side of the road at Barefoot Beach. The shoulder dipped to one side and into a ditch where a Gopher Tortoise burrow was located. She miscalculated the distance of the front wheels from the side of the shoulder and the car slipped into the ditch. The car had to be towed. Park Ranger Araquistain introduced several pages of photographs, marked County Exhibits "A" through "F" and admitted into evidence. He stated although the Gopher Tortoise was not harmed, he would still request assessment of a civil penalty of five hundred dollars. The Respondent stated it was a complete accident and requested a reduction ofthe fine. She stated it was the first time she had been to Barefoot Beach and was not familiar with parking restrictions. The Special Magistrate reduced the fine to $150 due to mitigating circumstances. 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 $150. 00 and an administrative fee of $5. 00. The Respondent was 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 August 8,2009. Total Amount Due: $205.00 The Special Magistrate stated if the Respondent volunteered for the Park Service, the fine will be reduced to $50. The Respondent is to notify Code Enforcement by July 15, 2009 of her decision. 11. Case #CEPM 20090002610 - BCC vs. Donald J. & Constance Belan!!er The Hearing was requested by Collier County Code Enforcement Field Investigator Carol Sykora who was present. The Respondents were also present. Violations: Ordinance No. 2004-58 A dangerous building caused by fire damage Folio No: 62100480005 Violation address: 5442 Carlton Street, Naples, 34113 The Respondents reside at 560 DeSoto Blvd. North, Naples, FL 34120. Investigator Sykora introduced six photographs which were marked as County's Exhibits "A" through "F," and admitted into evidence. On March 17,2009, the County classified the structure as "dangerous." On April 7, 2009, the Investigator contacted the Respondents and eXplained the violation. 7 '-""'"'-'-'-"""~"'--'--"'-'--"'---._"'-'"-'"""---,,,-,,"""",' July 8, 2009 The Respondents stated Habitat for Humanity offered to buy the property and demolish the building if it could be seprated into two lots. The lot was previously combined into one large lot, but the Zoning Department determined it cannot be re- divided into two single lots. The structure has been boarded. The Respondents stated they are unable to pay for demolition due to restricted finances. The Special Magistrate suggested the Respondents contact Commissioner Donna Fiala for assistance. The Special Magistrate CONTINUED the case to August 7, 2009. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CEV 20090003262 - BCC vs. Andrew. Hallev E. and Barbara Savaee The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. Respondent, Andrew Savage, was present. Violations: Collier Co. Land Development Code 2004-41, as amended, Sec(s ).1 0.02.06(B) Repeat violation of recreational vehicle (boat) parked/stored in driveway of residential zoned property. Folio No: 49482000003 Violation address: 4002 Cindy Avenue, Naples Andrew Savage resides at 4002 Cindy Avenue, Naples, Florida 34112. He stated the property is owned solely by his father, Halley E., and himself. His mother quit her claim to the property and he has notified the Tax Collector's Office several times of the change in title. Investigator Keegan stated the violation has been abated. The County requested impostion of Operational Costs in the sum of $117.60 and fines in the amount of$500, for a total lien amount of$617.70. The Respondent stated he is not employed, unable to pay the fines, and his house is in foreclosure. Investigator Keegan stated the Special Magistrate had previously ruled if the Respondent donated the boat to a charity or sold the boat, the fines would be waived. The Respondent stated the boat is no longer in Collier County, but he still owns it. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $617.70. 8 July 8, 2009 VII. OLD BUSINESS: A. Motion to Contest Order Imposing Nuisance Abatement Lien: 1. Case No: CENA20080004434 Owner: Rick Levine Officer: Investigator Joe Mucha Violations: Weed overgrowth Folio No: 66882520001 Violation address: 342 8th Street, Immokalee The Owner resides at 853 Porter Street, Lehigh Acres, Florida Mr. Levine stated he owned a mobile home which was rented. He had been advised by the Collier County Sheriffs Office to avoid visiting the property due to an ongoing investigation and pending arrest. He stated he had removed vegetation from the property, but the County returned and removed more vegetation. Mr. Levine stated he was told to "clean it up" and he complied with the cited violations which he thought was sufficient. Brush, overgrown weeds and the mobile home were removed from the premises at a cost of approximately $4,000. He stated he called for an inspection but was never contacted by anyone from the County. The Special Magistrate reviewed the Notice sent to Mr. Levine. RECESS: 11:18 AM RECONVENED: 11 :30 AM The Special Magistrate noted the County's Ordinance does not provide for an inspection. Investigator Mucha introduced one page of photographs taken by the County's Contractor, marked as County's Composite Exhibit "A," and six pages of photographs provided by the Collier County Sheriffs Office, marked as County's Composite Exhibit "B." Also introduced were photographs taken by Investigator Mucha, marked as County's Composite Exhibit "C." All Exhibits were admitted into evidence. The Investigator stated the Brazilian Pepper Tree was removed by the County's Contractor. Ken Parker, Environmental Mowing, stated it took two days to remove the Brazilian Pepper Tree as well as the remaining debris. Mr. Levine introduced two photographs, marked as Respondent's Exhibits "A" and "B," which were admitted into evidence. He questioned whether or not the next door 9 July 8, 2009 neighbor should have been cited since the tree was on the property line. The Special Magistrate reduced the amount of the fin e to $500 and assessed a $100 administrative fee and a $100 nuisiance abatement fee, for a total amount due of $700 to be paid on or before August 8,2009. Total Amount Due: $700.00 V. PUBLIC HEARINGS B. Hearings: 7. Case #CEPM 20090000772 - BCC vs. Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, Subsections 1,9, 12L, 12P, 19, and 20 Mobile home being used as rental property being maintained in substandard condition Folio No: 52700640006 Violation address: 3064 Van Buren Avenue, Naples The Notice of Hearing was sent via Certified Mail delivery on June 25,2009. The property and the Courthouse were posted on June 25,2009. Investigator Mucha stated the Bankruptcy Trusee for the property had also been served. The Investigator introduced sixteen pages of photographs, marked as County's Composite Exhibit "A" and admitted into evidence. The Special Magistrate also viewed a video taken by the Investigator attesting to the extreme roach infestation of the premises. The Investigator stated the roach problem no longer exists and the Bankruptcy Petition was dismissed by the Court. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and ordered to either correct the minimum housing violations outlined in the Property Inspection Report dated February 20, 2009, or hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the mobile home, all required inspections and a Certificate of Completion on or before July 15,2009, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondent. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.14 on JO July 8, 2009 or before August 8, 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: $118.14 10. Case #CEPM 20090002302 - BCC vs. Lortoni Cardenas The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, 12C and 121 Damaged soffit and broken window Folio No: 36111400000 Violation address: 5023 24th Avenue SW, Naples The Notice of Hearing was sent via Certified Mail Delivery on June 25,2009, but was returned as "unable to forward." The Property and the Courthouse were posted on June 25, 2009. Investigator Paul introduced four photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to repair the cited property maintenance on or before July 15, 2009, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the 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 was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.96 on or before August 8,2009. 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 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: II -~--,-",-~--",,,~,,,,'",,,,",-_.,,".-.~-_.,,,,.,,~"~.,.~~.__.._.-,-,-,.. July 8, 2009 2. Case #CEPM 20090003069 - BCC vs. Bavshore Club LP Indiana L TD Partnership c/o Pinnacle Properties The County was represented 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 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 The Notice of Hearing was sent via Certified Mail delivery on June 25, 2009 and proof of delivery on June 30, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on June 25,2009. Investigator Keegan stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of $117.70 and fines in the amount of$120,400 for the period from June 11,2009 through July 8, 2009 (43 units x $100/day x 28 days) for a total amount of $120,517.70. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of$110,517. 70 and notedfines will continue to accrue. 3. Case #CEAU 20090003065 - BCC vs. Bavshore Club LP Indiana L TD Partnership c/o Pinnacle Properties The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Florida Building Code, 2004 Edition, Chapter 1 Permits, Sec. 105.1 and Collier County Land Development Code 04-41, as amended, Sec.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 delivery on June 25, 2009 and proof of delivery on June 30, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on June 25,2009. Investigator Keegan stated the violations have not been abated. 12 July 8, 2009 The County requested imposition of Operational Costs in the sum of $117.87 and fines in the amount of$1,300 for the period from June 13,2009 through July 8, 2009 ($50/day x 25 days) for a total amount of$1,417.87. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of$1,417.87 and notedfines will continue to accrue. 4. Case #CELU 20080015489 - BCC vs. Katherine Sheffield The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau on behalf of Field Investigator Ron Martindale. The Respondent was not present. Violations: Collier Co. Land Development Code 2004-41, as amended, Section 2.02.03 Multiple pod type containers used for storage (permit expired 10-5-08) Folio No: 36814240004 Violation address: 660 29th Street SW, Naples The Notice of Hearing was sent via Certified Mail Delivery on June 25,2009. The property and the Courthouse were posted on June 25, 2009. Supervisor Letourneau stated the violations have been abated. The County requested imposition of Operational Costs in the total amount of $117.70. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $117.70. 5. Case #CEAU 20080007181- BCC vs. Eleanor Buchanan The County was represented by Collier County Code Enforcement Investigative Supervisor Cristina Perez. The Respondent was not present. Violations: Florida Building Code Section 105.1 Expired fence permit. Chain link fence erected on property. Folio No: 1134801501 Violation Address: 238 Old Train Lane, Copeland The Notice of Hearing was sent via Certified Mail Delivery on June 25, 2009 and the return receipt was signed by the Respondent. Supervisor Perez stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of$117.61 and fines in the amount of $3,500 for the period from June 4, 2009 through July 8, 2009 ($100/day x 35 days) for a total amount of$3,617.61. 13 ..__.____..._."..._._.._..._".._"_...._."__...<..,_~"...._,._~""..,_,_,_."""__.'O....._'..A~u...._.__,_,_..~"""___..._"_"'"_'___""'""'"__.___,.,"'......_.~,_,,,.,_..,._.,.,,._'" July 8, 2009 The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of$3,617.61 and notedfines will continue to accrue. 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 identified in the 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 the submitted Executive Summary. The Special Magistrate reviewed the four cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None X. NEXT HEARING DATE - July 24, 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 12:45 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 14