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CESM Minutes 08/21/2009 August 21, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 21, 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 August 21, 2009 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:06 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: 9:26 AM RECONVENED: 9:45 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 #4, Case #CESD 20090000359 - BCC vs. Felix & Guadalupe Alvarado . Agenda #5, Case #CEPM 20080013267 - BCC vs. Christopher Neal . Agenda #8, Case #CEV 20090008454 - BCC vs. Serafina Vargas, Conversion Vargas, & Tatiana Pereda (b) Under Item V (B), "Hearings," in Agenda #1, Case #PU 4654 - CEEX 20090013132 - BCC vs. Santa Barbara Grd Villas, LLC, the name of the Investigator is Jeremy Florin. (c) Under Item V (B), "Hearings," the following case was WITHDRAWN by the County: · Agenda #9, Case #CESD 20090009794 - BCC vs. Victor A. Lopez & Dolores Morales de Lopez The Special Magistrate approved the Agenda as amended,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 - August 7, 2009 Correction: · Agenda #6, Case #CEV 20090003089 - BCC vs. Saint Louis Moise - the Operational Cost is $117.87 (not $118.87) The Minutes of the Special Magistrate Hearing held on August 7, 2009 were reviewed by the Special Magistrate and approved as amended. 2 August 21, 2009 IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance - None V. PUBLIC HEARINGS A. Stipulations: Agenda #4, Case #CESD 20090000359 - BCC vs. Felix & Guadalupe Alvarado, was initially called but the Special Magistrate determined the case would be heard later when the Court Interpreter arrived. (Agenda #8, Case #CEV 20090008454 - BCC vs. Serafina Vargas, Conversion Vargas, & Tatiana Pereda, will also be heard when the Court Interpreter arrived.) 5. Case #CEPM 20080013267 - BCC vs. Christopher Neal 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 Property Maintenance Code, Section 22-231, Subsections 12B, 12C, and 12P Structure that has been damaged by fire, and no repairs have been made after several months. Folio No: 48680360009 Violation address: 3160 Collee Court, Naples The Respondent's mailing address is Post Office Box 1657, Bonita Springs, Florida. A Stipulation was entered into by the Respondent on August 21, 2009. Investigator Mucha stated the Respondent agreed he was in violation of the cited Ordinance. 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 Permit, all required inspections, and a Certificate of Completion for the demolition of the structure on or before October 21,2009, 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. 3 August 21, 2009 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 Respondellt was 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 September 21,2009. The Respondellt 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 Supervisor Waldron announced Stipulations were also reached in the following cases: . Agenda #10, Case #CEV 20090003526 - BCC vs. Elmar Robert Aponte & Sylvia Lopez . Agenda # 11, Case #CEROW 20090003650 - BeC vs. Elmar Robert Aponte & Sylvia Lopez . Agenda #12, Case #CESD 20090007728 - BCC vs. Elmar Robert Aponte & Sylvia Lopez 10. Case #CEV 20090003526 - BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica.Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Land Development Code 2004-41, as amended, Section 4.05.03(A) Vehicles parked in a non-designated parking area Folio No: 36430480002 Violation address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent. Elmar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to remove the vehicles from the rear yard and park them on a stabilized pervious or imperviously treated surface 4 August 21,2009 and park only on the space designated for automobile parking, or store the vehicles in a completely enclosed structure, or remove the vehicles from the premises on or before August 25,2009 or afine of $50. 00 per day will be imposedfor each day the violatioll 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 violatioll 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 Stipulation. The Respondent is ordered to pay the Operational Costs incurred by Code Enforcemellt during the prosecution of this case in the amount of$117.80 on or before September 21,2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site illspection to confirm compliance. Total Amount Due: $117.80 11. Case #CEROW 20090003650 - BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica.Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division I, Section 11 0.31 (A) Right of Way was altered with no permits Folio No: 36430480002 Violation Address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent, Elmar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain permits for the alteration of the Right-of-Way or for the removal of the unpermitted improvement to the Right-of-Way, all required inspections, and a Certificate of Completion on or before October 21,2009, or afine of $200. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order 5 August 21,2009 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 $117.78 on or before September 21,2009. 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 12. Case #CESD 20090007728 - BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Rena1d Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica.Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Land Development Code 2004-41, as amended, Section 10.02.06(B)(1)(A) Shed on property with no permits Folio No: 36430480002 Violation address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent, Elrnar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain a permitfor the addition to the residence, all required inspections, and a Certificate of Completion, or to completely remove the shedfrom the premises on or before September 21,2009, or a fine of $1 00.00 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 terms of the Stipulation. 6 August 21, 2009 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 21,2009. 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 B. Hearings: 1. Case # PU 4654 - CEEX 20090013132 - BCC vs. Santa Barbara Grd Villas. LLC The Hearing was requested by Collier County Public Utilities Enforcement Investigator Ray Addison who was present. The Respondent was represented by Attorney Jeffrey P. Shapiro. Violations: Ord. 2005-44, Section(s) 9 (4) Petressib1e waste on ground consisting of but not limited to used diapers, food waste, and paint not containerized in front of Building 201 Folio No: 00400200002 Violation address: 201 Santa Clara Drive, Naples Attorney Shapiro stated he submitted a Motion for a Continuance to Code Enforce- ment by email. He corrected Paragraph Two of the email and confirmed that the Notice of Violation had been posted at the property by Code Enforcement, but the Notice was mailed to the Property Manager. The Property Manager hired an onsite representative who is not English-speaking and did not call the Miami office when the Notice was posted. He requested the Continuance because all of his witnesses were not available to appear at the Hearing. He further stated the Health, Safety and Welfare issue has been corrected and the receptacles will be maintained on a daily basis. The Condominium Association has been requested to alert the residents of the legal requirement to place trash into the receptacles and not throw it at the base of the containers which is a misdemeanor. Attorney Shapiro noted while the Santa Barbara Garden Villas, LLC received the Notice, the Santa Barbara Landing Property Owners' Association has been responsible for the maintenance of the dumpsters. The Property Owners' Association hired the Property Manager. Investigator Florin stated the County would not oppose the granting of a Continuance. The Special Magistrate GRANTED the Respondent's Motion for a Continuance but required the Respondent to submit a Status Report if the Re-Hearing cannot occur. 7 August 21, 2009 Supervisor Waldron verified that Attorney Shapiro will waive formal notice of the Hearing which will be scheduled for September 18, 2009 at 11 :00 AM and a Court Interpreter will be provided. 2. Case #PR 043052 - CEEX 20090012522 - BCC vs. Paul Rodinskv The Hearing was requested by the Respondent who was present. Collier County Park Ranger Cynthia Gaynor was not present. Violations: Code of Law & Ord., Sec. 130-66 No over-night parking Violation address: Clam Pass The Respondent resides at 11231 Trinity Place, Naples, Florida 34114. The Special Magistrate noted the Park Ranger was not available due to a medical emergency. The Respondent stated the ticket had been issued at 9: lOAM when Clam Pass was open. He did not understand why the Park Ranger thought his vehicle had been parked overnight in the parking lot. He entered the lot when the Park opened at 8:00 AM and had not parked his van overnight. The Special Magistrate ruled the case was CONTINUED to allow the Park Ranger to contact the Respondent and Code Enforcement prior to rescheduling a Hearing. If a new Hearing is scheduled, notice will be sent. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CENA 20080008113 - BCC vs. Felipe & Isabel C. Ramirez The County was represented by Code Enforcement Investigators Joe Giannone and Maria Rodriguez. The Respondents were not present but were represented by Manuel Carrillo. Violations: Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 54-179 & 54-181 Litter consisting of, but not limited to, tires, buckets, building material, blocks, weeds, plastic, pipes, metal, general litter, etc. Folio No: 00071120003 Violation address: 3503 Westclox St., Immokalee 34142 Mr. Carrillo stated he has served as an interpreter for the Respondent and they had contacted him for assistance. He confirmed he could supply proof that he had written permission to represent the Respondents who are migrant workers and are out of state 8 August 21, 2009 from June through November. He further stated he paid the Operational Costs on their behalf. The case was initiated in 2008 and the property owners had been in contact with Investigator Giannone. He stated the violations were abated in December, 2008. The County requested Imposition of Fines in the amount of $9,000 for the period from September 13, 2008 through December 11,2008 (90 days @ $100/day) for a total amount of$9,000. Mr. Carrillo stated the Respondents' mail is picked up by a friend and held for them, but is not sent to the Respondents since they are constantly moving. Investigator Giannone stated he had met with Mr. Ramirez in the Code Enforcement office on May 27,2008, prior to leaving the area. An interpreter was present at the meeting. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $9, 000. 00. The Special Magistrate stated the Respondents are entitled to file a Motion for Re- Hearing within ten days after receiving the Order. Mr. Carrillo stated he will contact the Respondents. RECESS: 11:00 AM RECONVENED: 11 :20 AM V. PUBLIC HEARINGS B. Hearings: 7. Case #CEV 20090008539 - BCC vs. Lociana Dorilus. Lvta Iste. & Ifaussa Dorilus The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Lyta Iste, was present and represented Lociana Dorilus and Ifaussa Dorilus. A Court Interpreter was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 4.05.03(A) Several cars parked on the grass Folio No: 36317160005 Violation address: 5300 Coronado Pkwy, Naples 9 August 21, 2009 Ms. Iste resides at 5300 Coronado Parkway, Naples, Florida. The Respondent is related to the other Respondents. Mrs. Lociana Dorilus resides in Haiti and Mr. Ifaussa Dorilus was at work. She has permission to represent them. Investigator Paul introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated the violation has not been abated and is a continuing problem. The property and the Courthouse were posted on August 10,2009. The Respondent stated the property is a duplex. Her brother's friends park anywhere when they visit him. She stated she has no control over the situation. The Special Magistrate ruled the case will be CONTINUED. The Special Magistrate requested the Respondent inform Mr. Dorilus of the new Hearing and that he will be required to attend. Notice will be sent to the parties. The Special Magistrate stressed the seriousness of the situation altd informed the Respondent there were several consequences, including the sale of the property, that could happen if the violation was not abated. The Respondent asked if she should also attend the next Hearing and the Special Magistrate stated it would be in her best interest to be present. A. Stipulations: The Special Magistrate noted the Court Interpreters were present for the following cases: 8. Case #CEV 20090008454 - BCC vs. Serafina Van!as. Conversion Van!as. & Tatiana Pereda The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents, Tatiana Pereda and Conversion Vargas, were present and also represented Serafina Vargas. The Court Interpreter was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A) Vehic1e on property with expired plates Folio No: 36322240004 Violation address: 5417 27th Place SW, Naples Tatiana Pereda and Conversion Vargas reside at 5417 2ih Place SW, Naples, Florida. Serafina Vargas is Mr. Vargas' sister. She was unable to attend the Hearing because she is recovering from surgery. ]0 August 21, 2009 A Stipulation was entered into by the Respondents, Tatiana Pereda and Conversion Vargas, on behalf of Serafin a Vargas and themselves on August 21,2009. Investigator Paul stated the violation was abated and the Operational Costs were paid. 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. The Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.70 were paid. 4. Case #CESD 20090000359 - BCC vs. Felix & Guadalupe Alvarado The Hearing was requested by Collier County Code Enforcement Investigator Maria Rodriguez who was present. Respondent, Felix Alvarado, was present and represented his wife, Guadalupe Alvarado. The Court Interpreter was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 10.02.06(B)(1)(E) An open carport erected without first obtaining a building permit Folio No: 30730800003 Violation Address: 1308 Plum Street, Immokalee The Respondents reside at 1308 South Plum Street, Immokalee, Florida. A Stipulation was entered into by Respondents, Felix Alvarado, on behalf of Guadalupe Alvardo, his wife, and himself on August 21, 2009. Investigator Rodriguez stated the Respondents agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all required inspections, and a Certificate of Completion/Occupancy, on or before December 21,2009, or a fine of $1 00.00 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. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 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 September 21,2009. 11 August 21, 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 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. Case #CELU 20090001878 - BCC vs. Revnold & Anne Jean-Louis The County was represented by Code Enforcement Investigator Carmelo Gomez. Respondent, Anne J ean- Louis, was present and also represented her husband, Reynold Jean-Louis. Miguel J ean- Louis, the Respondent's son, was also present. The Court Interpreter was also present. 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 Respondent, Anne Jean-Louis, resides at 4535 25th Avenue SW, Naples, Florida 34116 (per Interpreter). The Respondent is separated from her husband, Reynold J ean- Louis, resides in Haiti. Investigator Gomez stated the violation had been abated and the Operational Costs of $117.52 have been paid. The County requested Imposition of Fines in the sum of $3,200 for the period from June 20,2009 through July 21,2009 (32 days @ $100/day) for a total amount of $3,200.00. Miguel Jean-Louis stated he resides at 4735 25th Avenue SW, Naples, Florida. He further stated most of the materials had been removed within 28 days but there was a heavy deli refrigerator case which required assistance to move. The Special Magistrate GRANTED the County's Motion for Imposition of Fines but, due to mitigating circumstances, reduced the total amount of the fine to $100.00. 12 "_"'"""""__'~_'~_~'_"~'''M'_~''_~'_'M,__',_,,,,__~,,',_,_"""""_"_,_"<~~"~,___",",,,,,,,,,__,_,,#_,,,-__"...w_.___,~,_.."'".______.....___""'_.'"''"'~_..._.."..__,_''',.,_"',,.,.,"'"'''______''"'_....o,.'^_..~".,,~_..'~.~,___._,~.__..,_...,,__,'~~,..___..___.,_"......_.._.._."._____ August 21, 2009 V. PUBLIC HEARINGS B. Hearings 3. Case #CELU 20080015426 - BCC vs. Lucille Lahaie McGoon The Hearing was requested by Collier County Code Enforcement Investigator Jim Seabasty and Investigative Supervisor Cristina Perez who were present. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Sec.(s) 1.04.01(A) and 2.02.03 Travel trailer connected to utilities, unlicensed pickup truck, inoperable commercial vehicle on vacant/unimproved parcel Folio No: 01131681106 Violation address: 258 Lake Gloria Road, Copeland, FL The Notice of Violation was posted on October 23,2008. The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. Investigator Seabasty personally served the Notice of Hearing to the Respondent's son, Patrick Galloway, at the premises on August 11, 2009. Supervisor Perez introduced two photographs, dated December 12,2008, which were marked as County's Composite Exhibit "A" and admitted into evidence. She stated she spoke with Mr. Galloway on October 27,2008 who stated the Respondent was deceased. She explained the violations to him and the requirements to come into compliance. The commercial vehicle was removed from the premises in May, 2009. The pick-up truck and the travel trailer remained on the premises. The case was transferred to Investigator Seabasty in May, 2009. He introduced photographs, taken on July 16, 2009 and August 20,2009, which were marked as County Exhibits "B" and "C" and admitted into evidence. The travel trailer has not been removed. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to remove all stored vehicles from the premises on or before August 26,2009, or afine of $50. 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 terms 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 $117.87 on or before September 21,2009. 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 13 August 21, 2009 compliance. Total Amount Due: $117.87 6. Case #CEPM 20090001588 - BCC vs. Joseph B. and Jacqueline A. Okuniewicz The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondents were not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance Code, Section 22-231, Subsection 12C Damaged roof, which allows rain or dampness in the wall or interior portion of the building Folio No: 53001640005 Violation Address: 2324 Kings Lake Blvd, Naples The Notice of Hearing was sent via Certified Mail on August 11, 2009 and proof of delivery on August 14,2009 was provided by the U.S. Postal Service. The property and Courthouse were posted on August 10, 2009. Investigator Smith introduced several photographs which were marked as County's Composite Exhibit "A," "B" and "C," and admitted into evidence. The Investigator noted there is a serious mold problem at the premises. He stated a Lis Pendens had been filed against the property on February 7,2008, and the property is in foreclosure. He further stated the Bank involved in the foreclosure proceeding has been notified of the violation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to hire a licensed Contractor to obtain the required Collier County permits to repair/replace the roof or to demolish the structure, all inspectiolls and a Certificate of Completion on or before September 21,2009, 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 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 in the amount of $117.52 on or before September 21,2009. 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. 14 August 21, 2009 Total Amount Due: $117.52 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case #CESD 20080014169 - BCC vs. Geon!e Faucher The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was not present. Violations: Collier Co. Land Development Code 2004-41, as amended, Sec(s).1O.02.06(B)(1)(A), 10.02.06(B)(1)(E) & 1O.02.06(B)(1)(E)(I) Permit #2000070419 for a pool enclosure was issued on July 6,2000 and expired on January 2,2001 without obtaining a Certificate of Completion. Folio No: 27631680005 Violation address: 311 Conners Avenue The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. Investigator Musse stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of$117.70 and fines in the amount of$3,200 for the period from January 21,2009 to August 21, 2009 (32 days @ $100/day), for a total amount of$3,317.70. The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines in the total amount 0/ $3,317.70 and noted the fines will continue to accrue. 3. Case #CEPM 20080014195 - BCC vs. Ester M. & Jorl!e L. Torres The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondents were not present. Violations: Collier County Code of Laws and Ord., Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22-26(103.11.2) Pool without a permitted pool enclosure or barrier Folio No: 75460400000 Violation address: 1340 Center Lane The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. 15 August 21, 2009 Investigator Musse stated the violation has not been abated, but the Operational Costs of 117.61 have been paid. The County requested Imposition of Fines in the amount of $7,400 for the period from April 7, 2009 through June 19,2009 (74 days @ $100/day), for a total amount of$7,400.00. The Investigator noted the fines were stayed for an additional 63 days from June 19, 2009 through August 21, 2009. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of$7,400.00 and noted thefines will continue to accrue, but the stayed fines were waived. VII. OLD BUSINESS: A. Motion to Contest Order Imposing Nuisance Abatement Lien: None B. Motion to Amend Previously Issued Order: 1. Case #CEPM 20080007331- BCC vs. Dian & June Edwards The County was represented by Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violations: Collier Co. Code of Laws & Ord, Chap. 22, Article VI, Secs. 22-231, Sub(s). 1-5,9,121, 12K, 12N, 12P, 12R, 19A, 19C & 20 Vacant rental property with several Minimum Housing Violations Folio No: 35981560003 Violation Address: 4654 24th PL SW, Naples, FL 34116 The Notice of Hearing was sent via Certified Mail on August 11, 2009 and proof of delivery on August 13, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on August 10,2009. Michele McGonagle stated the initial Hearing was held on August 15,2008 and the violation was to have been abated by August 22, 2008. The violations were not abated. The case was again heard on October 3,2008 for Imposition of Fines but was continued until December 3,2008. Fines were stayed for a period of60 days, to be reinstated if the violations were not abated. The Order stated the fines were to be retroactive to October 3, 2008, not to the original compliance date of August 22, 2008. The County requested to amend the October 2, 2008 Order to reflect that fines will be imposed from the initial compliance date of August 22,2008 through August 21,2009, and the fines will continue to accrue. ]6 August 21, 2009 The Special Magistrate GRANTED the County's Motion to Amend the Previously Issued Order. Property Maintenance Specialist Joe Mucha stated Dian Edwards had been present earlier but left before the case was heard. The property was in foreclosure. 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 two 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 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 - September 4,2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. The Special Magistrate noted the County's Intersection Safety Program Hearings will commence in September, 2009. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:51 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate, The Minutes were approved by the Special Magistrate on as presented _, or as amended 17