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CESM Minutes 09/18/2009 September 18, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 18,2009 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 Belpedio White, Assistant County Attorney Cristina Perez, Code Enforcement Investigative Supervisor Jennifer Waldron, Code Enforcement Supervisor 1 September 18, 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: 9:20 AM RECONVENED: 9:37 AM II. APPROV AL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item V (A), Stipulations were reached in the following cases: . Agenda #9, Case #CESD 20080015162 - BCC vs. Rosalio & Juanita Aguayo . Agenda #7, Case #CESD 20090002328 - BCC vs. Barrie & Deanne Kee, Jr. . Agenda #5. Case #CEV 20090008539 - BCC vs. Lociana Dorilus, Lyta Iste, & Ifaussa Dorilus (b) Under Item V (B), "Hearings," the following case was DISMISSED by the County due to payment: . Agenda #2, Case #PR 043068 - CEEX 20090014028 - BCC vs. Ana Garro (c) Under Item V (B), "Hearings," the following case was DISMISSED by the Park Ranger: . Agenda #3, Case #PR 003265 - CEEX 20090013872 - BCC vs. Alice Brooks Pittman (d) Under Item V (B), "Hearings," the following case was WITHDRA WN by the County: . Agenda #6, Case #CEPM 20090004038 - BCC vs. Timothy Cotter (e) Under Item VI (A), "Motion for Imposition of Fines, "the following case was DISMISSED by the County due to payment: . Agenda #1, Case #CEPM 20080010842 - BCC vs. Dorothy Johnson 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. APPROV AL OF MINUTES - September 4, 2009 2 September 18, 2009 Correction: . Agenda #5, under "Hearings," Case #CEPM 20090002186 - BCC vs. An Trinh, the Operational Costs should be $118.22 (not $118.20). The Minutes of the Special Magistrate Hearing held on September 4,2009 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance - None V. PUBLIC HEARINGS A. Stipulations: 9. Case #CESD 20080015162 - BCC vs. Rosalio & Juanita A2uavo The Hearing was requested by Collier County Code Enforcement Investigator Weldon Walker, Jr., who was present. The Respondents were not present. Violations: Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(B)(1 04.1.3 .5) Construction/remodeling being done to shed on property without permits Folio No: 65070520005 Violation address: 516 Palmetto Avenue, Immokalee Investigator Walker stated Juanita Aguayo informed him that her husband, Rosalio, was deceased. She agreed to the terms ofthe Stipulation. A Stipulation was entered into by Respondent, Juanita Aguayo, on September 17, 2009. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain either a Collier County Building Permit for the improvements to the shed, or a Collier County Demolition Permit to demolish the unpermitted additions to the shed, all required inspections, and a Certificate of Completion on or before November 18, 2009, or a fine of $200.00 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. 3 September 18, 2009 If necessary, assistance may be requested from the Collier County Sheriffs 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 $117.61 on or before October 18, 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: $117.61 7. Case #CESD 20090002328 - BCC vs. Barrie & Deanne Kee. Jr. The Hearing was requested by Collier County Code Enforcement Investigator Ron Martindale who was present. The Respondent, Barry Kee, Jr., was also present and represented his wife, Deanne Kee. Violations: Collier County Land Development Code 2004-41, as amended, Section 10.02.06(B)(I)(E)(I) and Florida Building Code Article II, Section 22-26(B)(104.5.1.4.4) Swimming pool and metal work shop constructed without receiving final inspection(s). Permit(s) expired/abandoned without obtaining a Certificate of Occupancy/Completion. Folio No: 41938720000 Violation address: 5810 Standing Oaks Lane The Respondents reside at 5810 Standing Oaks Lane, Naples, Florida. A Stipulation was entered into by the Respondent, Barrie Kee, Jr. on September 18, 2009, on behalf of his wife, Deanne Kee, and himself. Investigator Martindale stated the Respondents accepted and agreed to the terms of the Stipulation. The Respondent stated, due to a change of contractors, he was unaware that a Certificate had not been obtained. 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 on or before November 18, 2009, or a fine of $100.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the 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. 4 September 18, 2009 If necessary, assistance may be requested from the Collier County Sheriffs 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. 70 on or before October 18, 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: $117.70 5. 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. The Respondents were present. Ifaussa Dorlius served as translator for his mother, Lociana Dorilus. 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 Lyta Ariste corrected her last name to A-r-i-s-t-e. She was advised to contact the Property Appraiser's Office to correct the error in the tax rolls. Ifaussa Dorilus resides at 5300-B Coronado Parkway, Naples, Florida. Lyta Ariste resides at 5300-A Coronado Parkway, Naples, Florida. Lociana Dorilus resides at 5372 19th Avenue, Naples, Florida. A Stipulation was entered into by the Respondents on September 18, 2009. Investigator Paul stated all Respondents had agreed to and signed the Stipulation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to remove the vehiclesfrom the front and/or rear yard(s) and park them on a stabilized pervious or imperviously treated surface, and to park onlv on the space designated for automobile parking on or before the close of business on September 21,2009 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 Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. 5 September 18, 2009 The Respondents were 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 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. Total Amount Due: $117.96 Ms. Ariste stated the problem has been caused by her brother's friends who park their cars wherever they want when visiting him, including on her side of the duplex. The Special Magistrate suggested Mr. Dorilus add crushed stone to his portion of the driveway to increase the parking area in an effort to resolve the situation. * Supervisor Jennifer Waldron stated an additional Stipulation had been reached in the following case: 12. Case #CEV 20090005100 - BCC vs. Maria C. Zulua2a The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A) A utility trailer and a flat bed trailer both without current tags. Folio No: 38102800002 Violation address: 3231 68th Street SW The Respondent resides at 3231 68th Street SW, Naples, Florida. A Stipulation was entered into by the Respondent on September 18, 2009. Finding the Notice of Hearing was properly served, the Respondent was found GUlL TY of the alleged violation and ordered to obtain valid tags for each vehicle, or store the vehicles in a completely enclosed structure, or remove them from the premises, on or before September 28,2009 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 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. 52 on or before October 18, 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 6 September 18, 2009 compliance. Total Amount Due: $117.52 B. Hearings: 1. Case # PR 003257 - CEEX 20090013871 - BCC vs. Robert Madonna The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Park Ranger Barry Gorniak represented Park Ranger Kurt Araquistain. Violations: Code of Law & Ord., Sec. 130-66 Unauthorized parking. Parking in the right of way Violation address: Pelican Bay Community Park The Respondent resides at 331 South Heathwood Drive, Marco Island, Florida 34145. The Respondent initially objected to continuing the Hearing without the presence of Investigator Araquistain, but decided to withdraw his objection. He introduced five photographs which were marked as Respondent's Composite Exhibit "1" and admitted into evidence. The Respondent stated the parking lot has clearly marked spaces for handicapped parking and numerous signs for everything except where parking is not allowed or where overflow parking is located. He suggested areas reserved for emergency vehicles should be designated. Park Ranger Gorniak introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated the Respondent's vehicle was parked in the Right-of-Way and blocked the flow oftraffic around the parking lot. He further stated the parking spaces, delinated by lines, are the only areas designated for parking in the lot. The Special Magistrate stated it would not be clear to the public that the area was reserved to allow access for emergency vehicles if there was no yellow paint on the curb or an informational ("No Parking") sign at the Park's entrance. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent NOT GUILTY of the alleged violation 8. Case #CEV 20090003673 - BCC vs. Karin L. Hennessv The Hearing was requested by Collier County Code Enforcement Investigator John Connetta who was present. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A) 7 September 18, 2009 Unlicensed/inoperable vehicles Folio No: 65221040004 Violation address: 111 Coral Vine Drive The Notice of Hearing was posted at the property and the Courthouse on September 5, 2009. Investigator Connetta stated the violation had been abated. Finding the Notice of Hearing was properly served and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was 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$117.96 on or before October 18, 2009. Total Amount Due: $117.96 10. Case #CENA 20090010129 - BCC vs. James S. Loucv The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 Litter consisting of, but not limited to, wood, cardboard boxes, batteries, gardening tools, gas can, granite counter tops, cooler, pool pump, etc. Folio No: 24070920002 Violation address: 237 Burning Tree Drive The Notice of Hearing was posted at the property and the Courthouse on September 4, 2009. The Investigator introduced seven photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated the violations have not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to remove all litter to an appropriate waste disposal facility, or store items in a completely enclosed structure, on or before the close ofbusiness on September 21,2009 or afine 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 ahate the violation hy contractor hid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the provisions of the Order. The Respondent was ordered to pay the Operational Costs incurred by Code 8 September 18, 2009 Enforcement during the prosecution of this case in the amount of $117.70 on or before October 18, 2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $117.70 11. Case #CEPM 20090010278 - BCC vs. James S. Loucv The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22- 231(12)(L) and Section 22-231(15) Pool is green, stagnate, and not properly maintained, also missing screen panels from the pool enclosure Folio No: 24070920002 Violation address: 237 Burning Tree Drive The Notice of Hearing was posted at the property and the Courthouse on September 4, 2009. The Investigator introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated the violations have not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to either treat and maintain the pool water so it is no longer stagnate, or drain the pool completely, on or before the close of business on September 21,2009 or afine of $1 00. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was further ordered to repair/replace all damaged screens on or before the close of business on September 21,2009 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 enfor('e 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 $118.05 on or before October 18, 2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of 9 September 18, 2009 the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $118.05 13. Case #CEPM 20090008987 - BCC vs. Jerry & Susan Currie The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violations: Collier County Code of Laws & Ordinances Chapter 22, Article VI, Section 22-231 (15) Pool is green and stagnate, not maintained Folio No: 36248400009 Violation address: 1797 54th Street SW The Notice of Hearing was posted at the property and the Courthouse on September 8, 2009. Investigator Paul introduced a photograph which was marked as County's Exhibit "A" and admitted into evidence. He stated the violation has not been abated. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to either treat and maintain the pool water so it is no longer a Health and Safety Hazard, or drain the pool completely, on or before September 25,2009 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 County Sheriff's Office to enforce the provisions of the Order. The Respondents were 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 October 18, 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: $117.96 14. Case #CEPM 20090004672 - BCC vs. Jose & Sara Carrasco The Hearing was requested by Collier County Code Enforcement Investigator Carol Sykora who was present. The Respondents were not present. 10 September 18, 2009 Violations: Collier County Code of Laws & Ordinances Chapter 22, Article VI, Section 22-243 A vacant house under construction with broken windows or no windows or doors, allowing access to the interior. Folio No: 62258560000 Violation address: 5314 Texas Avenue, Naples The Notice of Hearing was posted at the property and the Courthouse on September 8,2009. Investigator Sykora introduced six photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. She stated a Lis Pendens was filed against the property, but neither a bank, an attorney or a Registered Agent could be located. She has been unable to locate a forwarding address for the owners. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s} and ordered to obtain a Collier County Boarding Permit, submit a Property Maintenance Plan, and completely secure the structure on or before September 28, 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. The Respondents were further ordered to obtain either a Collier County Building Permit for the repair of the structure, or a Collier County Demolition Permit for the removal of the structure, all required inspections, and a Certificate of Completion on or before December 18, 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. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the provisions of the Order. The Respondents were 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 October 18, 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: $117.78 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case #CEPM 20090008057 - BCC vs. Guadalupe Peralez The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. 11 September 18, 2009 The Respondent was not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance Code, Section 22-231, Subsections 121, 12K, 12C, 19 Fascia damaged, rooftiles missing, broken door with no lock, bee infestation Folio No: 36315120005 Violation address: 5084 23rd Court SW The Notice of Hearing was posted at the property and the Courthouse on September 8, 2009. Supervisor Letourneau stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of $118.40, together with fines in the amount of$8,750 for the period from April 14, 2009 through September 18, 2009 (35 days @ $250/day), for a total amount of $8,868.40. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $8,868.40 and noted the Fines will continue to accrue. RECESS: 11:15 AM RECONVENED: 11 :32 AM V. PUBLIC HEARINGS B. Hearings: 4. Case #PU 4654 - CEEX 20090013132 - BCC vs. Santa Barbara Grd Villas. LLC The Hearing was requested by Collier County Public Utilities Enforcement Investigator Jeremy Florin who was present. The County was represented by Assistant County Attorney Jennifer Belpedio White. The Respondent was represented by Attorney Jeffrey P. Shapiro. Violations: Ord. 2005-44, Section(s) 9(4) Petressible waste on ground consisting of, but not limited to, used diapers, food, paint, motor oil not containerized in front of Building 201 Folio No: 00400200002 Violation address: 201 Santa Clara Drive, Naples Attorney Shapiro stated the parties have been trying to reach a global resolution concerning the Re-Hearing violation, the current violation, and three other violations 12 September 18, 2009 which were adjudicated. He requested a postponement to October 16, 2009 at which time either a resolution will be presented or the case will proceed to trial. Assistant County Attorney White noted the violations at the property have become less frequent and less severe. She stated the County would not object to the granting of a Continuance. The Special Magistrate GRANTED the Respondent's Motion for a Continuance and noted the case will be heard on October 16, 2009. No further notice will be given. The Special Magistrate asked Attorney Shapiro to contact Supervisor Waldron no later than October 6, 2009 to advise if the case is be added to the October 16th Agenda or continued to a later date. Attorney Shapiro requested that a Court Interpreter be made available at the Hearing. VII. OLD BUSINESS: . Case #CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo, Inc. . Case #CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc. . Case #CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo, Inc. . Case #CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo, Inc. . Case #CO-00195 CEVFH 20080007692 - BCC vs. Bobby D. Calvert . Case #CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley The Special Magistrate stated a Ruling had been made which was favorable to the County's position. Copies of the Order will be mailed to the parties, together with information concerning the Right to Request a Re-Hearing and the Right to Appeal. VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. None 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 Nuisance Abatement Liens. IX. REPORTS: The Special Magistrate noted the first Traffic Intersection Safety Ordinance 13 September 18, 2009 Hearing will be held on September 23, 2009 at 9:00 AM at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. X. NEXT HEARING DATE - October 2, 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 11:44 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on , as presented , or as amended 14