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CESM Minutes 10/02/2009 October 2, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 2, 2009 LET IT BE REMEMBERED that the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in the Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretary October 2,2009 I. CALL TO ORDER The Hearing was called to order at 9:00 AM by the Honorable Special Magistrate Brenda Garretson. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; the goal is to obtain compliance without being punitive. RECESS: 9:15 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item V (A), Stipulations were reached in the following cases: . Agenda #8, Case #CEV 20090013006 - BCC vs. Jean-Joseph Beauharnais . Agenda #9, Case #CEV 20090013007 - BCC vs. Jean-Joseph Beauharnais . Agenda #10, Case #CENA 20090013008 - BCC vs. Jean-Joseph Beauharnais . Agenda #2, Case #CEPM 20090011637 - BCC vs. Gabriela Guzman . Agenda #4, Case #CENA 20090000707 - BCC vs. Humberto & Alicia Barco (b) Under Item V (B), "Hearings," the following case was DISMISSED by the Deputy: . Agenda #1, Case #SO 172762 - CEEX 20090014722 - BCC vs. Jerome Brownlee (c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the County: . Agenda #5, Case #CENA 20090010671- BCC vs. Juan Valdez . Agenda #6, Case #CESD 20090010684 - BCC vs. Juan Valdez (d) Under Item V (C), "Emergency Cases," the following case was ADDED to the Agenda: . Case #CEPM 20090015533 - BCC vs. Jean Claude Martel 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 - September 18, 2009 Corrections: . Agenda #5, under "Hearings," Case #CEV 20090008539 - BCC vs. Luciana Dorilus, Lyta Iste, and Ifaussa Dorilus, the Operational Costs are to be paid on or before October 18, 2009 (not September 21, 2009). 2 October 2,2009 . Agenda #13, under "Hearings," Case #CEPM 20090008987 - BCC vs. Jerry & Susan Currie, the fine is $100.00 (not $250.00). 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 C. Motion for Re-Hearing: 1. Case #CENA 20080008113 - BeC vs. Felipe & Isabel C. Ramirez V. PUBLIC HEARINGS C. Emergency Cases: Case # CEPM 20090015533 - BCC vs. Jean Claude Martel The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. Violations: 09-45, compliance with housing standards, Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Sec(s). 22-231(1) and 22-2341(2) No water in occupied dwelling unit Folio No.: 61839320000 Violation address: 3190 Karen Dr., Naples, FL 34112 The Respondent resides at 3190 Karen Drive, Naples, Florida 34112. Investigator Keegan stated water service has been turned off at Karen Drive by the City of Naples in September, 2009 due to non-payment of a $10,000 bill (for the above property and three vacant lots), and the Respondent was using rain water captured in buckets. He introduced four photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent stated he has access to well water which is hooked up to his residence by a pipe and he manages "just fine." He further stated he does not have the money to pay the bill. The Investigator presented a copy of an email from Greg Minck, City of Naples Water Department, which confirmed the City of Naples has an agreement to supply 3 October 2, 2009 water to the County. The document was marked as County's Exhibit "B" and admitted into evidence. He stated the wells are not approved water sources for the area. The Respondent claimed there is a leak which is the reason for the high bills. The Investigator stated his concerns since "friends" of the Respondent congregate at his property during the day and the lack of water service is a Health and Safety issue. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either restore an active account with the City of Naples prior to the close of business on Monday, October 5, 2009 or vacate the premises by the close of business on Monday, October 5, 2009, or a fine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office 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 $117.96 on or before January 2, 2010. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $117.96 The Special Magistrate ruled the Respondent is permitted access to his property during the day [daylight hours) but is not allowed to remain overnight, and only a licensed Contractor will be allowed into the structure. The Respondent was further ordered to post his property with "No Trespass" signs. IV. MOTIONS C. Motion for Re-Hearing 1. Case #CENA 20080008113 - BCC vs. Felipe & Isabel C. Ramirez The Hearing was requested by the Respondents. Isabel Ramirez was present and represented her husband, Felipe Ramirez. Manuel Carrillo served as translator for the Respondent. Collier County Code Enforcement Investigator Joe Giannone was also present. 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 4 October 2,2009 The Respondents live at 3503 Westc10x Street, Immokalee, Florida 34142. The translator lives in Immokalee, Florida. The Respondent stated she and her husband asked for the Re-Hearing because they are migrant workers and did not receive the letter [Notice] from the County because they were out of state. She further stated they are unable to pay the fine. The Special Magistrate noted an initial Hearing was held on September 5, 2008, a second Hearing was held on August 21,2009, and the Respondents did not appear at either Hearing. The Respondent stated she and her husband are out of state each year from approximately May through November. Their mail is held, but not sent to them because they move so often. The Special Magistrate stated strict guidelines are to be observed in order to grant a Re-Hearing and the Respondents did not present any basis, i.e., error on the County's part, to grant aRe-Hearing. The Investigator stated the Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. He further stated he spoke with Mr. Carrillo regarding the violations and Mr. Carrillo appeared at the August 21 st Hearing on behalf of the Respondents. The Special Magistrate stated the County fulfilled its obligation by sending Notice to the property of record and it is the responsibility of the property owners to forward their mail when they are out of town. The Special Magistrate DENIED the Respondent's Motion for aRe-Hearing. The Respondent stated she and her husband cannot pay the fine and asked for the fine to be reduced. The Special Magistrate asked the Respondent why the problem was not addressed after they read the initial Notice from the County when they returned to Immokalee in November, 2008. The Respondent stated the individuals who collected mail in 2008 did not give the mail to her because they were immigrants who left the area before she and her husband returned. The Special Magistrate stated the County acted correctly concerning Notice, and the Respondents could speak to the County regarding the money owed.. Supervisor Waldron stated Investigator Rodriguez was available to meet with the 5 October 2, 2009 Respondent to discuss other options regarding how to request a reduction of the fine. The Special Magistrate ordered the Respondent to meet with the Investigator. V. PUBLIC HEARINGS A. Stipulations: 8. Case # CEV 20090013006 - BCC vs. Jean-Joseph Beauharnais The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A) Parking and storage of vehicles without current license plates. Folio No: 00125000008 Violation address: 304 Colorado Avenue, Immokalee The Respondent resides at 304 Colorado Avenue, Immokalee, Florida. The Respondent is also known as Beauhamais Jean-Joseph. A Stipulation was entered into by the Respondent on September 18, 2009. Investigator Morad conducted a site visit and verified the violation had been abated. He stated the violation has been a recurring situation and the Respondent admitted he had been in violation of the Ordinance. 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 $117.70 on or before December 2, 2009. Total Amount Due: $117.70 9. Case #CEV 20090013007 - BCC vs. Jean-Joseph Beauharnais The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violations: Collier County Land Development Code 2004-41, as amended, Section 2.01.00(B)(3) Commercial vehicles or commercial equipment parked in a residential zomng area Folio No: 00125000008 Violation address: 304 Colorado Avenue, Immokalee 6 October 2, 2009 The Respondent resides at 304 Colorado Avenue, Immokalee, Florida, and is also known as Beauhamais Jean-Joseph. A Stipulation was entered into by the Respondent on September 18, 2009. Investigator Morad conducted a site visit and verified the violation had been abated. He stated the violation has been a recurring situation. The Respondent agreed that no commercial vehicles or equipment will be parked at the property in the future. 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 $117.78 on or before December 2, 2009. Total Amount Due: $117.78 10. Case #CENA 20090013008 - BCC vs. Jean-Joseph Beauharnais The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Unauthorized accumulation of litter upon improved property in a residential zoned district. Folio No: 00125000008 Violation address: 304 Colorado Avenue, Immokalee The Respondent resides at 304 Colorado Avenue, Immokalee, Florida. The Respondent is also known as Beauhamais Jean-Joseph. A Stipulation was entered into by the Respondent on September 18, 2009. Investigator Morad conducted a site visit and verified that the violation has been abated. The Respondent admitted he had been in violation of the Ordinance. 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 $117.70 on or before December 2, 2009. Total Amount Due: $117.70 2. Case #CEPM 20090011637 - BCC vs. Gabriela Guzman The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was represented by her brother, Edgar Guzman. 7 October 2, 2009 Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22-231(121), Section 22-243 Vacant mobile home that is unsecure with broken windows Folio No: 00765000002 Violation address: 17034 Lockhart Drive, Naples Mr. Guzman presented a letter from the Respondent authorizing his representation. A Stipulation was entered into by Edgar Guzman on behalf of the Respondent, Gabriela Guzman, on October 2, 2009. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain a Collier County Boarding Permit and completely secure the mobile home on or before October 8, 2009, or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was further ordered to obtain either a Collier County Building Permit to repair the structure, or a Collier County Demolition Permit to remove the structure, all required inspections, and a Certificate of Completion on or before April 8, 2010, or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the provisions 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$117.87 on or before November 2, 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: $117.87 4. Case #CENA 20090000707 - BCC vs. Humberto & Alicia Barco The Hearing was requested by Collier County Code Enforcement Investigator Ralph Bosa who was represented by Investigative Supervisor Cristina Perez. Respondent, Alicia Barco, was present and represented her husband, Humberto Barco. Sandra Barco served as translator for her mother. Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Litter consisting of, but not limited to; tires, metal car parts, 50 gallon metal drums, etc. Folio No: 38968600006 8 October 2,2009 Violation address: 2821 54th Avenue NE, Naples The Respondents and Sandra Barco reside at 2821 54th Avenue NE, Naples, Florida. A Stipulation was entered into by the Respondent, Alicia Barco, on behalf of her husband, Humberto Barco, and herself on October 2, 2009. Finding the Notice of Hearing was properly served, the Respondents were 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 October 9,2009 or afine of$100.00 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 Sheriffs Office to enforce the provisions 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 November 2, 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 RECESS: 11 :05 AM RECONVENED: 11:15 AM V. PUBLIC HEARINGS B. Hearings: 3. Case #CEPM 20080016475 - BCC vs. San Janie Trevino & Guadalupe Martinez The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. Respondent, San Janie Trevino, was also present. Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Section 22-231, Subsections 9, 11, 12A, 12B, 12C, 121, 12K, 12N, 120, 12P,19&20 Single family home that is owner occupied that has numerous Minimum Housing Violations Folio No: 56400080001 Violation address: 311 Price Street, Immokalee 9 October 2,2009 The Respondent resides at 311 Price Street, Immokalee, Florida, and stated her Grandmother was deceased. Investigator Mucha stated the case was "Continued" at the initial Hearing and was ordered to return to present a Status Report. He noted the Respondent submitted an application to Collier County's Department of Health and Human Services which is currently under review. He introduced five photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He inspected the property and observed a few projects had been completed, but stated the scope of work remaining was significant. The Respondent stated she does not have money to purchase additional materials such as dry wall and exterior doors. Her sons cannot perform any electrical repairs. The Investigator stated the family has nowhere else to live. The Special Magistrate expressed concern about allowing the family to remain at the property and asked if any efforts could be made to keep the family safe. Investigator Mucha suggested obtaining tarp for the roof. The Respondent's son, Eduardo, stated they may be able to make other repairs with the remaining supplies at the property. The Special Magistrate advised the Respondent of the possibility the premises could be demolished by the County and suggested to make future repairs as economically as possible. The Special Magistrate ruled the case will be CONTINUED to November 6, 2009 and ordered the Investigator and the Respondent to present Status Reports with photographs at the November Hearing. The Special Magistrate requested Investigator Mucha to follow-up with the Department of Housing and Human Services to expedite the Respondent's application. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case #CELU 20080015426 - BCC vs. Lucille Lahaie McGoon The County was represented by Code Enforcement Investigator Jim Seabasty. Patrick Galloway appeared on behalf of the Respondent and stated his mother is deceased. 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 10 October 2,2009 Violation address: 258 Lake Gloria, Copeland Mr. Galloway resides at 205 North Storter, Everglades City, Florida, and is the sole beneficiary. Investigator Seabasty stated the violation was abated and the Operational Costs of $117.87 were paid. The County requested imposition of fines in the total amount of $1 00.00 for the period from August 27,2009 through August 28,2009 (two days @ $50/day). Mr. Galloway stated removing the trailer was complicated by the necessity to first remove the additions to the structure in order to make it mobile. The Special Magistrate DENIED the County's Motion for Imposition of Fines citing extenuating circumstances. The Investigator stated the property was in pristine condition and the County would not object to the Special Magistrate's decision. V. PUBLIC HEARINGS B. Hearings: 7. Case #CEPM 20090004038 - BCC vs. Timothv Cotter The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box 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 (15) Unmaintained swimming pool Folio No: 67230080008 Violation address: 6664 Trail Blvd The Notice of Hearing was posted at the property and the Courthouse on September 15, 2009. Investigator Box stated the property has been vacant for the past two years and introduced photographs taken on May 6,2009 and September 16,2009, which were marked respectively as County's Exhibits "A" and "B," and admitted into evidence. 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 a Health and Safety Hazard, or drain the pool completely, on or before October 8,2009 or afine of$100.00 per day will be imposedfor each 11 October 2, 2009 day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent. Ifnecessary, assistance may be requestedfrom the Collier County Sheriffs 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 $117.61 on or before November 2, 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 11. Case #CEPM 20080008180 - BCC vs. Graciela Susi The Hearing was requested by Collier County Code Enforcement Investigator Ron Martindale who was present. Investigator Patrick Baldwin was also present. The Respondent was not present. Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Section 22-26(103.11.2) No protective barrier surrounding swimming pool. Folio No: 49660105665 Violation address: 2130 Morning Sun Lane The Notice of Hearing was posted at the property and the Courthouse on September 18, 2009. Investigator Martindale introduced the following: . Two photographs, dated June 3, 2008, which were marked as County's Composite Exhibit "A" and admitted into evidence. . One photograph, dated August 24,2009, which was marked as County's Exhibit "B" and admitted into evidence. Investigator Baldwin, who initiated the case, met with the Respondent on several occasions during 2008. She stated the home was going into foreclosure and did not have money to abate the violation. There has been no contact with the Respondent since November 13, 2008 although the Respondent may have moved back into the property. A temporary barrier had surrounded the pool initially, but had been removed. Investigator Martindale received the case on August 25, 2009 and conducted a site visit. The Respondent has not contacted him even though the property was posted. He stated no permits were obtained, but the mortgage has been satisfied and the property is no longer in foreclosure. 12 October 2, 2009 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violations and ordered to erect an approved temporary safety barrier around the pool on or before October 9,2009 or afine of $200. 00 per day will be imposed for each day the violations remain thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was further ordered to obtain a Collier County Building Permit to erect an approved permanent safety barrier, all required inspections and a Certificate of Completion/Occupancy on or before December 2,2009 or afine of $200.00 per day will be imposed for each day the violations remain thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the October 9th deadline, the County is authorized to abate the violations by Contractor bid-out, erect a permanent safety barrier and assess the costs to the Respondent. Ifnecessary, assistance may be requestedfrom 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 tile prosecution of this case in the amount of $117. 70 on or before November 2, 2009. Tile 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 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CEPM 20090010098 - BCC vs. Timothv & Alisa Grossi The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondents were not present. Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI, Section 22-231, Subs. 1 and 2 Dwelling being occupied without being connected to approved water and sewer systems Folio No: 29734001149 Violation address: 3030 Renaissance Ct., Naples The Notice of Hearing was posted at the property and the Courthouse on September 22,2009. Supervisor Letourneau stated the violation was abated. The County requested imposition of Operational Costs in the total amount of $117.70. 13 October 2, 2009 The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $117. 70. VI. 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 cases cited in the Executive Summary and GRANTED the County's request to impose Nuisance Abatement Liens. IX. REPORTS: None X. NEXT HEARING DATE - October 16,2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:08 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented _, or as amended 14