Loading...
CESM Minutes 08/07/2009 August 7, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 7, 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: Jeff Wright, Assistant County Attorney J ennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretary August 7, 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: 9:17 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (B), "Motion for Continuance," the following case was heard: · Agenda #5, Case #CEPM 20090002610 - BCC vs. Donald J. & Constance Belanger (b) Under Item V (A), Stipulations were reached in the following cases: · Agenda #3, Case #PU 4529 - CEEX 20090011429 - BCC vs. Ramon & Nelson Cabrera · Agenda #7, Case #CEV 20090003488 - BCC vs. Myra E. Rol & Angel Madera, Sr. · Agenda #11, Case #CEPM 20080016415 - BCC vs. Gabino Medina, Jr. (c) Under Item V (B), "Hearings," the following case was DISMISSED by the Park Ranger: · Agenda #4, Case #PR 040598 - CEEX 20090010896 - BCC vs. Elizabeth A. Buckingham (b) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the County: · Agenda #6, Case #CEPM 20090000749 - BCC vs. Herbert M. Kief · Agenda #10, Case #CEPM 20090002476 - BCC vs. Angel & Raquel Hernandez · Agenda #12, Case #CELU 20080015426 - BCC vs. Lucille Lahaie McGoon (c) Under Item VI (A), "Motion for Imposition of Fines," the following case was WITHDRAWN by the County: · Agenda #2, Case # 2006100419 - BCC vs. GARY L. HAUZE The Special Magistrate approved the Agenda as amended, subject to changes made 2 ---~.~"_._,~.......""-".....~-,,.,---",,,,-,,,-,,..,,,,""~,,.,,,.,,.,,. ""~"""~""-"'"""-"'"--- August 7, 2009 during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES - July 24, 2009 Corrections: . Agenda #5, Case #PU 4528, the correct number is CEEX 20090011270 and the proof of delivery date is July 17, 2009 (not July 16th). . Under Item VI (A), "Motion for Imposition of Fines, " in Case #CEPM 20090001294 - BCC vs. Fernando Rosquette. the Ordinance is 2004 (not 2204). The Minutes of the Special Magistrate Hearing held on July 24,2009 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance: 5. Case #CEPM 20090002610 - BCC vs. Donald J. & Constance Belan2er The Hearing was requested by the Respondents who were present. Collier County Code Enforcement Field Investigator Carol Sykora was also present. Violations: Ordinance No. 2004-58, Section 12 A dangerous building caused by fire damage Folio No: 62100480005 Violation address: 5442 Carlton Street, Naples The Respondents reside at 5560 DeSoto Blvd. North, Naples, FL 34120. The Special Magistrate clarified she had previously not given legal advice to the Respondents as stated in their letter requesting a Continuance, but had only suggested they contact Commissioner Fiala. The Respondents stated they had called the Commissioner's office but were only able to leave a message. Investigator Sykora stated the County did not object to the granting of a Continuance because the Board of County Commissioners is in recess. The Special Magistrate GRANTED the Respondent's Motion. C. Motion for Extension of Time - None 3 August 7, 2009 D. Motion for Rehearing: 1. Case #PU 3838 - CEEX 20090009050 - BCC vs. Santa Barbara Granada Villas. LLC The Hearing was requested by the Respondent who was represented by Attorney Jeffrey P. Shapiro. Collier County Public Utilities Enforcement Investigator Ray Addison was also present. Violations: Ord. 2005-44, Section(s) 9 (4) Putrescible 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 Attorney Shapiro stated the Respondent was the original developer and owned 55 units which were turned over the Condominium Association in June, 2008, prior to the violation. "Metro Dade Investments, Co." became the subsequent developer and was approved by the State of Florida on July 21,2008. Collier County's tax roll does not reflect correct ownership. Attorney Eric Glazer represents the Granda Lakes Villa Condominium Association. It is the position of the Condo Association that the violation occurred on land under the control of the Property Owners' Association. There is a civil lawsuit which was filed in Collier County Circuit Court on May 22, 2009 concerning the issue of turn- over and disputing there was a turnover and what was supposed to have been turned over and by whom. Attorney Glazer stated there is no such legal entity as Santa Barbara Granada Villas, LLC. The entity is correctly identified as Santa Barbara Garden Villas, LLC. He wanted to place the correct entity on the record. Assistant County Attorney Jeff Wright stated the entity was named improperly due to a scrivener's error which is not grounds for for a rehearing. He further stated the lawsuit amounted to a private dispute among the various entities involved, i.e, the Condo Association, the Property Owners' Association, and the Master Association. However, a Motion for an Amended Order could be submitted to correct the scrivener's error. Investigator Addison stated the Health, Safety and Welfare issues was abated, and a new Property Manager had been hired by the Property Owners Association to monitor the situation at the development to ensure there will be no future violations. He further stated the fines issued in April and May had not been paid. 4 August 7, 2009 The Special Magistrate confirmed, officially and legally, there was no such entity as Santa Barabara Granada Villas, LLC, and a Rehearing was required in order to allow the proper entity to be recognized on the record. The Special Magistrate GRANTED the Respondent's Motion. The Special Magistrate stated a Motion for an Amended Order could be submitted, pending the outcome of the civil litigation. V. PUBLIC HEARINGS A. Stipulations: 7. Case #CEV 20090003488 - BCC vs. Mvra E. Rol & Aneel Madera. Sr. The Hearing was requested by Collier County Code Enforcement Field Investigator Renald Paul who was present. Respondent, Angel Madera, Sr., was present and also represented his wife, Myra E. Rol. Angel Madera, Jr., served as translator for his father. Violations: Collier County Land Development Code 2004-41, as amended, Sec.(s) 2.01.00(A), 2.01.00(B)(3),4.05.03(A) Commercial vehicle parked in the driveway of residential, vehicles without license plates, and vehicles parked on the grass Folio No: 36321120002 Violation Address: 5431 28th Avenue SW, Naples A Stipulation was entered into by the Respondent, Angel Madera, Sr., on behalf of his wife, Myra E. Rol, and himself on August 7. 2009. Investigator Paul stated the violations have been corrected. The Respondent stated the property had been rented and the tenants who caused the violations were evicted. Finding the Notice of Hearing was properly served and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation and ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.70 on or before September 7, 2009. Total Amount Due: $117.70 3. Case #PU 4529 - CEEX 20090011429 - BCC vs. Ramon & Nelson Cabrera The Hearing was requested by Collier County Public Utilities Enforcement Investigator Al Sanchez who was present. 5 August 7, 2009 Respondent, Ramon Cabrera, was present and also represented his brother, Nelson Cabrera. Violations: Ordinance 2005-54 Section 19 (E)(2) Failure to enter into a contract with approved contractor for the collection of solid waste Violation address: 203 Main Street W., Immokalee A Stipulation was entered into by the Respondent, Ramon Cabrera, on behalf of his brother, Nelson Cabrera, and himself on August 7, 2009. Investigator Addison stated the Respondents agreed to pay the Civil Fine as well as the Operational Costs. Finding the Notice of Hearing was properly served, the Respondents were found GUlL TY of the alleged violation and ordered to pay a Civil Fine in the amount of $500 and an administrativefee in the amount of $5. 00 on or before September 7, 2009. The Respondents were 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 September 7, 2009. Total Amount Due: $555.00 11. Case #CEPM 20080016415 - BCC vs. Gabino Medina. Jr. The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was also present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231, Subsections 9,121, 12K, 12L, 12P, 13, and 19 Rental property that is being maintained in sub-standard condition, with numerous Minimum Housing Violations Folio No: 51040200000 Violation address: 1303 Immokalee Drive, Immokalee A Stipulation was entered into by the Respondent on August 7, 2009. Investigator Mucha stated the Respondent agreed to the terms ofthe Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(sj and ordered to either correct the Minimum Housing Violations outlined in the Property Inspection Report dated December 15, 2008, or hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the premises, all required inspections, and a Certificate of Completion on or before November 7, 2009, or afine of $250. 00 per day will be 6 August 7, 2009 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 to enforce the terms of the Stipulation. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$117.81 on or before September 7, 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: $117.81 B. Hearings: 1. Case #SO 162655 - CEEX 20090011113 - BCC ys. Jeffrev & Connie Lillard The Hearing was requested by the Respondents who were not present. Collier County Sheriffs Office Deputy D. Chrisitiansen was not present. Violations: Code of Law & Ord., Sec. 130-67 Handicapped space Violation address: 10620 Noahs Circle, Naples Code Enforcement Supervisor Jen Waldron stated the case had been dismissed by the Deputy. VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. Case #CEPM 20080016074 - BCC YS. Isabel Mancha Estate c/o Irene & Rosa Mancha The County was represented by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondents were present. Violations: Collier County Code of Laws & Ord.,Chap. 22, Article VI, Section 22-231, Subsections 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, FL 33930. Rosa Mancha resides at 132 Milberry Drive, Summerville, South Carolina 29483. 7 August 7, 2009 Investigator Mucha stated the violation was abated and the Operational Costs of $117.78 were paid. The County requested imposition of fines in the total amount of $2,750 for the period from May 7,2009 through June 30, 2009 (55 days @$50/day). The Respondents stated the structure was demolished on June 23, 2009 and they were forced to borrowed money to pay the costs of $2,300 since Rosa is unemployed and Irene is working only part-time. They requested a reduction in the amount of the fines. The Special Magistrate ruled that, due to mitigating circumstances, fines will not be imposed. The Special Magitrate DENIED the County's Motion for Imposition of Fines. RECESS: 10.46 AM RECONVENED: 11 :02 AM V. PUBLIC HEARINGS B. Hearings: 2. Case #PU 4601- CEEX 20090010522 - BCC vs. Antonio Truiillo The Hearing was requested by Collier County Public Utilities Enforcement Investigator Jeremy Florin who was present. The Respondent was not present 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 The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. The Investigator stated this was the fourth citation issued to the property and requested Imposition of a Civil Fine of$500.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay a Civil Fine in the amount of $500.00 and an administrative fee in the amoUllt of $5.00 on or before September 7, 2009. 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 September 7, 2009. Total Amount Due: $555.00 8 "...._.---~.._"".~._._.,...""-,..." _"_,,~,~-~,,_,,_,'"',-,._-..~_..._-'_<',,,,~_,,___,,~,_,"'''''''-'~'~__''''''''''"''''_''_'-W''._'''''''''''~'''"'''"_._'''''''___ August 7, 2009 8. Case #CEPM 20090000375 - BCC vs. Primitivo Lara The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent had been present earlier but left before the case was heard. Violations: Ordinance No. 2004-58, Section 12 Building sustained severe damage due to fire causing unsafe and dangerous conditions Folio No: 36452720009 Violation address: 5020 27th Place SW, Naples, FL 34116 The Notice of Hearing was posted at the property and the Courthouse on July 24,2009. Investigator Paul introduced five photographs which were marked as County's Exhbits "B-1" through "B-5" and admitted into evidence. The building was declared to be "dangerous" on April 20, 2009, Investigator Paul reported the Respondent stated he could not afford to repair the building and it was in foreclosure. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either hire a licensed General Contractor to restore the building to its original permitted state, all required inspection and a Certificate of Occupancy, or obtain a Collier County Demolition Permit to demolish the premises, all required inspections, and a Certificate of Completion on or before September 7, 2009 or, in either option, 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 SherifFs Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.78 on or before September 7, 2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $117.78 9. Case #CEPM 20090008057 - BCC vs. Peralez Guadalupe 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 Ordinances, Chapter 22, Article VI 9 _,"""""~,~"."~"~""_",__"__~_,,,,,__,,,,,,,V""'"__"~"'"'''''''''<''''~'''"'~'''''''_'''''_''_''''_'_____~_''''1<-.,_,_______"",_"",,",."'____,_.....,,_...",""'_..,_""',_"","~_~"'_,_"",""'._._,,_"'".__._..."_'"_____ August 7, 2009 Property Maintenance Code, Section 22-231, Subsections 121, 12K, 12C, 19 Fascia damaged, roof tiles missing, broken door with no lock, bee infestation Folio No: 36315120005 Violation address: 5084 23rd Court SW, Naples The Notice of Hearing was posted at the property and the Courthouse on July 24, 2009. Investigator Paul introduced eight photographs which were marked as County's Composite Exhbit "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 either correct the Minimum Housing Violations outlined in the Property Maintenance Inspection Report on or before August 14,2009, 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. lfthe 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 $ll 8. 40 on or before September 7, 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: $118.40 13. Case #CEPM 20090003534 - BCC vs. Robvn J. Voorhees The Hearing was requested by Collier County Code Enforcement Field Investigator Michelle Scavone who was present. The Respondent was not present. Violations: Ordinance No. 2004-58, Section 12 Dangerous building on estates zoned property due to fire damage Folio No: 40685960004 Violation address: 3520 8th Avenue NE The Notice of Hearing was posted at property and the Courthouse on July 28,2009. Investigator Scavone introduced seven photographs, taken on March 31, 2009, which 10 'l/_...______...._""__,_""'_~,,____"'...,"_",.,.~....__""..,".._."'~..._M__"_^,,_"""~'__'~_ August 7, 2009 were marked as County's Composite Exhibit "A" and admitted into evidence. The Declaration of Dangerous Building was marked as County's Exhibit "B" and admitted into evidence. The property owner was unable to correct the violations due to lack of finances. 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 either a Collier County Building Permit to repair the violations noted on the Property Maintenance Inspection Report, or a Collier County Demolition Permit to demolish the structure, all required inspections, and a Certificate of Completion on or before September 7,2009 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. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the provisions of the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.14 011 or before September 7, 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 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #2007050876 - BCC vs. Tatiana E. Tannehill The County was represented by Collier County Code Enforcement Investigator Renald Paul. The Respondent was not present. Violations: Collier County Ordinance 2004-41, as amended, Sees. 10.02.06(B)(1)(A), 1O.02.06(B)(1)(E), and 10.02.06(B)(1)(E)(I)); Collier County Code of Laws and Ord. Sec. 22, Article II, Sec. 106.1.2; Florida Building Code 2004, Sec. 105.1 & 105.7 Unpermitted enclosure of screen lanai Folio No: 35740720000 Violation address: 2121 41st Terrace SW, Naples 11 ~"~~'''''-''-''''''"'''~'-~-''--_._'''''---~>~''~~''=-'~--''-''>'-,,,-.-,,., ".'" '''".-.,- August 7, 2009 The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Paul stated the violation has not been abated but the Operational Costs of $281.95 were paid. The County requested imposition of fines in the total amount of $61 ,400 for the period from December 3,2007 through August 7, 2009 (614 days at $100/day). The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of$61,400 and notedfilles continue to accrue. 4. Case #CESD 20090003060 - BCC vs. Jennifer DeFrancesco The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Code of Laws & Ord. Article X, Chapter 22, Buildings and Building Regulations, Section 22-352(A) No address number posted on duplex Folio No: 67490680002 Violation address: 4302 Rose Avenue The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of $117.87 and fines in the amount of $4,600 for the period from May 8, 2009 through August 7, 2009 (92 days at $50/day) for a total amount of$4,717.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $4,717.87 and noted fines continue to accrue. 5. Case #CEV 20090002773 - BCC vs. Jennifer DeFrancesco The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Sec. 2.01.00(A) and 4.05.03(B) Unlicensed I inoperable vehicle parked in rear yard of residential zoned property. Folio No: 67490680002 Violation address: 4302 Rose Avenue 12 August 7, 2009 The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of $118.22 and fines in the amount of $4,600 for the period from May 8, 2009 through August 7, 2009 (92 days at $50/day) for a total amount of$4,718.22. The Special Magistrate GRANTED the COUllty's Motion for Imposition of Fines in the total amount of $4,718.22 and noted filles continue to accrue. 6. Case #CEV 20090003089 - BCC vs. Saint Louis Moise The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Sec. 2.01.00(A) Unlicensed I inoperable trailer Folio No: 67491080009 Violation Address: 4415 Thomasson Lane The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan noted the violation had been abated. The County requested imposition of Operational Costs in the sum of $118.87 and a Civil Fine in the amount of$150.00 for a total amount of$267.87. The Special Magistrate GRANTED the County's Motiollfor Imposition of Fines in the total amount of $267. 87. 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 three cases identified in the Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. ]3 August 7, 2009 B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the case 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 21,2009 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 :46 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 14 ~""",_,,,~,,_'",",',_"_'''__~___~___''_''_ _~,_~_,~""~,~__,_""",,,,,_,,,",-""'''''___"_______.''''''''_'''''<4'._,,,,,,,........-.......__,_-.'---n-- .-_"_"'~.._,,_._""'''''';''''''__,.,,-.