CESM Minutes 07/24/2009
July 24, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, July 24, 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
July 24,2009
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: 9:40 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item IV (D), "Motion/or Rehearing," the following case was WITHDRAWN
by the County:
. Agenda #1, Case #PU 3838 - CEEX 20090009050 - BCC vs. Santa
Barbara Granada Villas, LLC
(b) Under Item V (B), "Hearings," the following case was DISMISSED by the Park
Ranger:
. Agenda #4, Case #PR 041321 - CEEX 20090010526 - Bee vs. Joseph
Wood
(c) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County:
. Agenda #7, Case #CERR 20090001348 - BeC vs. DetlefDziuba
. Agenda #9, Case #CESD 20080003580 - BCC vs. Rene Blanco &
Jacqueline Galiano
(d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
WITHDRAWN by the County:
. Agenda #1, Case #2007050220 - BCC vs. Federal National Mortgage
Association, c/o JP Morgan Chase Bank, National Assoc.
. Agenda #5, Case #CEPM 20090002388 - BCC vs. Augustin & Marie O.
Dalusma
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 - July 8, 2009
Corrections:
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July 24,2009
. Under Item C, "Approval of Agenda," in Case PRB 000192 - CEEX 20090009870
(Agenda #5), the correct name of the Respondent is RAFAEL Hervis Madruga.
. In Case CEPM 20090002610 - BCC vs. Donald J. & Constance Belanger, "Section
12" was omitted from the Ordinance when the Agenda was prepared.
. In Case CEAU 20090003065 - BCC vs. Bayshore Club LP Indiana L TD Partner-
ship c/o Pinnacle Properties, the correct number of days for the fine is 26.
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 eontinuance - None
C. Motion for Extension of Time - None
D. Motion for Rehearing - NOlle
V. PUBLIC HEARINGS
A. Stipulations: None
B. Hearings:
6. Case #CO 02302 - CEVFH 20080010155 - Bee vs. Sanibel Taxi
The Hearing was requested by the Respondent who was represented by Attorney
Gerald Stem.
Collier County Code Enforcement Field Investigator Michaelle Crowley was also
present.
Violations: Code of Law & Ord., Chapter 142, Sec(s). 142-5l(A), 142-58(F)(3)
Operated a motor vehicle as a vehicle for hire, making a passenger
pickup in Collier County without first obtaining a PV AC-issued
Certificate to Operate
Violation address: 280 Vanderbilt Beach Rd., Ritz Carlton Resort
Investigator Crowley stated the Citation had been written during 2008 but the
Respondent has since received a Certificate to Operate.
Attorney Stem acknowledged the violation and requested a reduction of fines to be
imposed. His client was prepared to pay the County's costs.
The Special Magistrate stated the fines will not be imposed.
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July 24,2009
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation(s) and ordered to pay 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 24, 2009.
Total Amount Due: $55.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case #CENA 20080007121 - BCC vs. Thomas L. & Jacqueline Wood. Jr.
The County was represented by Collier County Code Enforcement Investigator
Supervisor Cristina Perez.
Respondent, Thomas L. Wood, was present and also represented his wife, Jacqueline
Wood.
Violations: Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 54-179 & 54-181
Litter consisting of, but not limited to, auto parts, tires, wood, buckets,
metal, etc.
Folio No: 01134801705
Violation address: 228 Brockington Dr., Copeland, 34137
The Respondents reside at 238 Turnstile Drive, Copeland, Florida.
Supervisor Perez stated the violation had been abated and the Operational Costs of
$117.42 had been paid.
The County requested imposition of fines in the amount of $28,400 for the period
from September 13, 2008 through July 23,2009 (284 days @ $100/day) for a total
amount of $28,400.
The Respondent stated he had been working out-of-town and misunderstood what
was considered to be "litter."
Supervisor Perez stated the Respondent was cooperative and removed the remaining
litter as soon as she explained the situation to him.
The Special Magistrate DENIED the County's Motion for Imposition of Fines and
accrued fines were waived.
V. PUBLIe HEARINGS
B. Hearings:
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July 24,2009
2. Case #SOCO 02660 - CEEX 20090009075 - BCC vs. Jose E. Faiardo
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Corporal Blackwell was also present.
Violations: Ordinance 2007-51, Section B
Local Business Tax Ordinance selling tapes/CDs and suitcases from
back of truck
Violation address: Fiesta Supermarket
The Respondent resides at 2710 57th Street West, Lehigh Acres, Florida 33971.
The Respondent stated he has been selling in other Counties without a problem and
asked permission from the store manager before he began selling.
Corporal Blackwell stated a complaint had been made by another store owner in the
plaza. He further stated the Respondent produced a Business Tax Receipt for the east
coast of Florida.
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 $1 00.00 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 October 24, 2009.
Total Amount Due: $155.00
1. ease #SO 164993 - CEEX 20090010662 - BCC vs. PV Holdin2 Corporation
The Hearing was requested by the Respondent who was not present.
Collier County Sheriff s Office Deputy Lawrence Keller was present.
Violations: Code of Law & Ord., Sec. 130-66
Expired meter
Violation address: Across from 1 00 Vanderbilt Beach Rd., Naples
The Notice of Hearing was sent via Certified Mail delivery on July 13,2009 and
proof of delivery on July 16, 2009 was provided by the U.S. Postal Service.
Deputy Keller stated he observed the car was parked by an expired meter during his
patrol.
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 ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on
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July 24, 2009
or before August 24, 2009.
Total Amount Due: $85.00
3. Case #PU 4601- eEEX 20090010522 - BCe vs. Antonio Truiillo
The Hearing was requested by the Respondent who was not present.
Collier County Code Public Utilities Enforcement Investigator Al Sanchez was
present on behalf o flnvestigator Jeremy Florin.
Violations: 2005-54, Section 19(C)6
Trash container curbside more than 24 hours prior to collection day.
Folio No: 36126920009
Violation address: 2001 Sunshine Blvd., Naples
Supervisor Waldron stated the County was withdrawing the case due to an error in the
mailing address. The County will re-send Notice and reset the Hearing.
The Special Magistrate GRANTED the County's Request to Withdraw the case.
5. Case #PU 4528 - CEEX 20090011270 - BCe vs. Gilverto Gendeias
The Hearing was requested by the Respondent who was not present.
Collier County Code Public Utilities Enforcement Investigator Al Sanchez was
present.
Violations: Ordinance 2005-44, Sections(s) 5, 6, and 7
Unlawful storage and dumping of litter, including food products, on
private property
Health, Safety, Welfare issue
Folio No: 6389120000
Violation address: 325 New Market Road W
The Notice of Hearing was sent via Certified Mail delivery on July 13, 2009 and
proof of delivery on July 16, 2009 was provided by the U.S. Postal Service.
Investigator Sanchez stated the Respondent leased the property to an individual who
ran a grocery and did not pay for trash pick-up service. He introduced six
photographs taken on June 17,2009, which were marked as County's Composite
Exhibit "A" and admitted into evidence.
The violation was abated by the County.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violatioll(s) and ordered to pay a civilfine in the amount
of $500. 00 and all administrativefee of $5. 00.
The Respolldent was ordered to pay the Operational Costs incurred by Code
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July 24,2009
Enforcement during the prosecution of this case in the amount of $50. 00 on
or before August 24, 2009.
Total Amount Due: $555.00
8. ease #CEPM 20090004376 - BCC vs. Nicholas B. Ford & Sarah A. Boesel
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondents were not present.
Violations: Ordinance 2004-58, Section 12
Structure with severe fire damage that has been declared a Dangerous
Building by Deputy Building Official
Folio No: 45850640002
Violation address: 980 16th Avenue SW
The Notice of Hearing was posted at the property and the Courthouse on July 6, 2009.
Investigator Mucha stated a Lis Pendens had been filed against the property which
was in foreclosure. The Declaration of Dangerous Building was issued and he posted
a copy at the property and the Courthouse on April 29, 2009.
He introduced 15 photographs, taken on March 17,2009, marked as County's
Composite Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondents were 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 structure,
all required inspections and a Certificate of Completioll on or before August 24,
2009, or a fine of $250.00 per day will be imposed for each day the violation
remains thereafter, unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier COUllty Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case ill the amount of $117.87011
or before August 24, 2009.
The Respondellts are to notify Code Ellforcement withill 24 hours of abatement of
the violation and request the Illvestigator perform a site inspection to confirm
compliallce.
Total Amount Due: $117.87
C. Emergency Case: NOlle
VI. NEW BUSINESS
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July 24, 2009
A. Motion for Imposition of Fines:
3. ease #CEPM 20090001294 - BCC vs. Fernando RosQuette
The County was represented by Collier County Code Enforcement Field Investigator
Michelle Scavone.
The Respondent was not present.
Violations: Ordinance 2204-58, Section 12
Dangerous building
Folio No: 40570720003
Violation address: 2365 10th Avenue NE
The Notice of Hearing was posted at the property and the Courthouse on July 6,2009.
Investigator Scavone stated the violation was abated by the County.
The County requested imposition of Operational Costs in the sum of $117.87, fines in
the amount of$16,250 for the period from April 8, 2009 through June 11,2009 (65
days @ $250/day), and abatement costs in the sum of $5,282.55, for a total amount of
$21,650.42.
The Special Magistrate GRANTED the County's Motion of Imposition of Fines in
the total amount of $21,650.42.
4. Case #CEV 20080012174 - BCe vs. Jeffrev Stolz
The County was represented by Collier County Code Enforcement Field Investigator
Michelle Scavone.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec.2.01.00(A)
Unlicensedlinoperable vehicle parked/stored on Estates zoned property
Folio No: 40934840008
Violation Address: 3311 8th Avenue SE, Naples, FL
The Notice of Hearing was posted at the property and the Courthouse on July 6, 2009.
Investigator Scavone stated the violations have not been abated.
The County requested imposition of Operational Costs in the sum of $117.78 and
fines in the amount of$3,900 for the period from May 8, 2009 through July 24,2009
(78 days @ $50/day) for a total amount of$4,017.78.
The Special Magistrate GRANTED the County's Motion of Imposition of Fines in
the total amount of $4,017.78 and noted fines will continue to accrue.
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July 24, 2009
VII. OLD BUSINESS: None
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 - August 7, 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 10:45 A.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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