CESM Minutes 10/16/2009
October 16,2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, October 16, 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
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: October 16,2009 at 9:00 A,M,
LOCA nON: Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED, NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I, CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A, Hearing rules and regulations
II, APPROVAL OF AGENDA
III, APPROVAL OF MINUTES - October 2, 2009
IV, MOTIONS
A, Motion for Reduction/Abatement of Fines
B, Motion for Continuance
V, PUBLIC HEARINGS
A, Stipulations
8, Hearings
I, CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SOI72029 - CEEX20090015412
DAVID BELSINGER
DEPUTY KELLER # 2421
CODE OF LAW & ORD., SEC, 130-66
COUNTY RIGHT OF WAY SINCE 9/19/09
VIOLA nON
ADDRESS:
ACROSS FROM 367 RIDGE DRIVE
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
3, CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
5, CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
6, CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PR003082 - CEEX20090015012
LENNARD p, BENOIT
PARK RANGER MARTIN #5528
CODE OF LAW & ORD" SEC, 130-66
F AlLURE TO DISPLA Y PAID LAUNCH RECEIPT,
DANFORD ST E HAMIL TON BA YVIEW PARK
S0166029 - CEEX20090015052
ANDREZ SAMUELS
DEPUTY FRED KLINKMANN #1660
CODE OF LAW & ORD., SEC, 130-67
PARKING IN WHEELCHAIR ACCESS
FREEDOM SQUARE REGIONS BANK
PR043405 - CEEX20090015066
GEORGE KUSAJ
PARK RANGER CYNTHIA GAYNOR
CODE OF LAW & ORD., SEC, 130-66
EXPIRED METER
VANDERBILT BEACH STREET
PR003305 - CEEX20090015710
TULSY GILLY
PARK RANGER KURT ARAQUISTAIN
CODE OF LAW & ORD" SEC, 130-67
HANDICAPPED SPACE
GOLDEN GATE COMMUNITY PARK
CESD20090003131
LAKE TRAFFORD INDEPENDENT BAPTIST CHURCH INC. C/O JAMIE FREDERICK
INVESTIGA TOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
IO,02,06(B)(I)(A), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS,
SECTION 105,1
FIVE SHEDS ERECTED IN REAR OF PROPERTY WITHOUT FIRST OBTAINING A
COLLIER COUNTY PERMIT
00072040001
1207 CARSON ROAD, IMMOKALEE
2
7, CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8, CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10, CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11, CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20090000692
PEDRO & LINDA SALAZAR III
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(B)(l04,1.3.5)
SHEDS ON PROPERTY WITHOUT BUILDING PERMITS
00076440005
856 PINE COURT, IMMOKALEE
CELU20090012495
ST, LOUIS MOISE
INVESTIGATOR TOM KEEGAN
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTIONS
2,02.03 & 1,04.04(A)
RESIDENTIAL ZONED PROPERTY BEING USED AS STORAGE AREA FOR ITEMS TO BE
SHIPPED TO HAITI
67491080009
44 I 5 THOMASSON LANE, NAPLES
CEPM20090012930
KAREN A, FAIOLA
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION (19)
SHED INFESTED WITH BEES
36516480007
4120 29TH PLACE SW, NAPLES
CEPM20090001763
ROBERT CUSTER
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(19)
AN INFESTATION OF BEES LOCATED UNDERNEATH THE REAR OF MOBILE HOME
68891160007
29 COVEY LANE, NAPLES
CEPM20090015056
ANTHONY & VICTORIA DEDIO
INVESTIGATOR JOHN SANT AFEMIA
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY
CONDITION
27637600005
417 FLAMINGO AVENUE, NAPLES
3
C. Emergency Cases:
VI. NEW BUSINESS
A, Motion for Imposition of Fines:
1, CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
2, CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
VII, OLD BUSINESS
CEPM20090000375
PRIMITIVO LARA
INVESTIGA TOR RENALD PAUL
ORDINANCE NO, 2004-58, SECTION 12
BUILDING SUSTAINED SEVERE DAMAGE DUE TO FIRE CAUSING UNSAFE AND
DANGEROUS CONDITIONS
36452720009
5020 27TH PLACE SW, NAPLES
CEPM20090004376
NICHOLAS B, FORD & SARAH A BOESEL
INVESTIGA TOR JOE MUCHA
ORDINANCE 2004-58, SECTION 12
STRUCTURE WITH SEVERE FIRE DAMAGE THAT HAS BEEN DECLARED A
DANGEROUS BUILDING BY DEPUTY BUILDING OFFICIAL
45850640002
980 16TH AVENUE SW
CEPM20090001588
JOSEPH B, AND JACQUELINE A, OKUNIEWICZ
INVESTIGATOR REGGIE SMITH
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
53001640005
2324 KINGS LAKE BLVD, NAPLES
4
VIII, CONSENT AGENDA
A, Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary,
B, Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary,
IX, REPORTS
X, NEXT MEETING DATE: November 6, 2009 at 9:00 A,M, located at the Dr, Martin Luther King Jr, Administrative
Center, 5775 Osceola Trail, Naples, Florida
XI, ADJOURN
5
October 16, 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: 9:13 AM
RECONVENED: 9:33 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 #11, Case #CEPM 20090015056 - BCC vs. Anthony & Victoria
Dedio
. Agenda #6, Case #CESD 20090003131- BCC vs. Lake Trafford
Independent Baptist Church, Inc., c/o Jamie Frederick
. Agenda #7, Case #CESD 20090000692 - BCC vs. Pedro & Linda
Salazar, III
(b) Under Item V (B), "Hearings," the following case was DISMISSED by the
County due to payment:
. Agenda #1, Case #SO 172029 - CEEX 20090015412 - BCC vs. David
Belsinger
(c) Under Item V (B), "Hearings," the following case was DISMISSED by the park
ranger:
. Agenda #2, Case #PR 003082 - CEEX 20090015012 - BCC vs. Lennard
P. Benoit
(d) Under Item V (B), "Hearings," in Agenda #8, Case #CELU 20090012495-
BCC vs. St. Louis Moise, the correct Violation number is 1.04.0JJA)
(e) Under Item V (C), "Emergency Cases," the following case was ADDED to the
Agenda:
. Case #CEPM 20090015884 - BCC vs. George Lambert
(t) Under Item X., "Next Meeting Date," The Special Magistrate Hearing for
November 6, 2009 will be held at the CDES ("Community Development and
Environmental Services") Building at 2800 North Horseshoe Drive,
2
October 16,2009
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 - October 2, 2009
Corrections:
. Under Item V (C), "Emergency Cases," in Case #CEPM 20090015533-
BCC vs. Jean Claude Martel, the Violation should be 22-231(2), not 22-2341(2).
. Under Item V (B), "Hearings," in Case #CEPM 20090004038 - BCC vs,
Timothy Cotter, the Order should state "the pool is to be drained on or before
October 9, 2009, " not October 8,2009.
The Minutes of the Special Magistrate Hearing held on October 2,2009 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
B. Hearings:
9, Case #CEPM 20090012930 - BCC vs. Karen A. Faiola
The Hearing was requested by Collier County Code Enforcement Investigator
Carmelo Gomez who was present.
The Respondent was also present.
Violations: Collier County Code of Laws and Ordinances, Article VI Property
Maintenance Code, Section (19)
Shed infested with bees
Folio No: 36516480007
Violation address: 4120 29th Place SW, Naples
The Respondent resides at 4120 29th Place SW, Naples, Florida.
Investigator Gomez stated he met with the Respondent on August 5, 2009 concerning
the bee infestation and explained she would have thirty days to correct the situation
since it was a health, safety and welfare issue.
The Respondent stated she called two exterminators who each charged her $500 to
remove the bees, but neither treatment was successful and the exterminators would
not guarantee their work because the nest is located underneath the shed.
3
October 16, 2009
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove the bee infestation on or
before October 23,2009, 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 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
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 January 16,2010.
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.
TotalAmountDue: $117.87
The Special Magistrate requested that the County assist the Respondent to obtain
the services of an exterminator.
V. PUBLIC HEARINGS
A. Stipulations:
11. Case #CEPM 20090015056 - BCC vs. Anthonv & Victoria Dedio
The Hearing was requested by Collier County Code Enforcement Investigator John
Santafemia who was represented by Investigative Supervisor Jeff Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article VI Property Maintenance Code, Section 22-231 (15)
Private swimming pool not being maintained creating an unhealthy
condition
Folio No: 27637600005
Violation Address: 417 Flamingo Avenue, Naples
A Stipulation was entered into by Respondent, Anthony Dedio, on October 15, 2009,
Supervisor Letourneau stated Investigator Santafemia conducted a site visit and
verified the violation had been 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 Respondents paid the operational costs incurred by Code Enforcement during
the prosecution of this case in the amount of $118.49.
4
October 16, 2009
6. Case #CESD 20090003131- BCC vs. Lake Trafford Independent Baptist
Church. Inc.. c/o Jamie Frederick
The Hearing was requested by Collier County Code Enforcement Investigator Maria
Rodriguez who was present.
The Respondent was represented by Pastor Jamie Frederick as registered agent.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 10.02,06(B)(I)(A), Florida Building Code, 2004 Edition,
Chapter 1 Permits, Section 105.1
Five sheds erected in rear of property without first obtaining a Collier
County permit
Folio No: 00072040001
Violation address: 1207 Carson Road, Immokalee
Pastor Frederick resides at 1207 Carson Road, Immokalee, Florida 34142.
A Stipulation was entered into on behalf of the Respondent by Jamie Frederick as
Registered Agent on October 15, 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 or a Collier County Demolition Permit, all required inspections,
and a Certificate of Occupancy/Completion on or before April 16, 2010, 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
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
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$117.87 on
or before November 16, 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
7. Case #CESD 20090000692 - BCC vs. Pedro & Linda Salazar. III
The Hearing was requested by Collier County Code Enforcement Investigator Maria
Rodriguez who was present.
Respondent, Pedro Salazar, III, was present and represented his wife, Linda Salazar.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and
Building Regulations, Article II, Florida Building Code,
Section 22-26(B)(104,1.3.5)
Sheds on property without building permits
5
October 16, 2009
Folio No: 00076440005
Violation address: 856 Pine Court, Immokalee
The Respondents reside at 856 Pine Court, Immokalee, Florida,
A Stipulation was entered into by Respondent, Pedro Salazar, IIL on behalf of Linda
Salazar, his wife, and himself on October 15, 2009.
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 Occupancy/Completion on or before January 16,2010, or a
fine 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.
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.
The Respondents were 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 16, 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: $117.61
V. PUBLIC HEARINGS
B. Hearings:
3. Case #SO 166029 - CEEX 20090015052 - BCe vs. Andrez Samuels
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Fred Klinkmann was also present.
Violations: Code of Law & Ord" Sec, 130-67
Parking in wheelchair access
Violation address: Freedom Square Regions Bank
The Respondent resides at 4650 St. Croix Lane, Apt. #738, Naples, Florida 34109 and
stated he is a courier for a local bank, He admitted parking in the white-striped area
while making a delivery to the bank but was unaware it was included as part of the
handicapped parking space.
The Special Magistrate explained the white-striped area which is adjacent to the
parking area, outlined in blue, is necessary for a handicapped individual to unload a
wheelchair from hislher vehicle.
6
October 16, 2009
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay a civilfine in the amount
of $250. 00 on or before December 16,2009.
The Respondent was ordered to pay the operational costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on
or before December 16, 2009.
Total Amount Due: $300.00
5. Case #PR 003305 - CEEX 20090015710 - BCC vs. Tulsv Gillv
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Kurt Araquistain was also present.
Violations: Code of Law & Ord., Sec, 130-67
Handicapped space
Violation address: Golden Gate Community Park
The Respondent resides at 13345 Covenant Road, Naples, Florida and stated she had
driven down an aisle in the parking lot which was a dead-end. She pulled into the
handicapped space with the intention of turning her car around, rather than trying to
back out of the parking lot. She further stated the officer pulled up behind her car as
she was attemtping to reverse and blocked her access.
Park Ranger Araquistain presented three photographs which were marked as
County's Composite Exhibit "A" and admitted into evidence.
The Respondent stated she would not jeopardize her child by driving in reverse
through the narrow parking aisle in order to exit.
The Special Magistrate stated it would have been too dangerous to back a vehicle
down a narrow parking aisle and ruled the Respondent was NOT GUILTY.
4. Case #PR 043405 - CEEX 20090015066 - BCC vs. Geor!!e Kusai
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Kurt Araquistain appeared on behalf of Park Ranger
Cynthia Gaynor.
Violations: Code of Law & Ord., Sec. 130-66
Expired Meter
Violation address: Vanderbilt Beach Street
The Notice of Hearing was sent, via Certified Mail, on Octrober 5,2009 and proof of
delivery on October 6, 2009 was confirmed by the U.S. Postal Service.
Park Ranger Araquistain stated a citation was issued by Park Ranger Gaynor on
September 7, 2009 at 9:30 AM.
7
October 16, 2009
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civil fine in the amount
of $30. 00 and an administrative of $5. 00 on or before November 16,2009
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on
or before November 16,2010.
Total Amount Due: $85.00
8. Case #CELU 20090012495 - BCC vs. St. Louis Moise
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Sections 2,02,03 & 1.04,04(A) **
Residential zoned property being used as storage area for items to be
shipped to Haiti
Folio No: 67491080009
Violation address: 4415 Thomasson Lane, Naples
* * Corrected to 1.04.01 (A) per amendment to Agenda
The Notice of Hearing was posted at the property and the Courthouse on October 5,
2009,
Investigator Keegan met the Respondent at his property on August 4, 2009 and
informed him the accumulated debris could not be stored on his front yard, The
Notice of Violation was served on the Respondent on August 6, 2009, together with a
copy ofthe County Resource Guide. The Respondent's solution was to cover the
litter with a tarp. A site visit was conducted on August 15,2009 and the violation
was not abated.
Photographs taken on August 4,2009 and October 15,2009 were marked respectively
as County's Composite 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 cease using residential zoned
property for outside storage.
The Respondent was further ordered to remove all litter to an appropriate waste
disposal facility, or store items in a completely enclosed structure, on or before
October 26,2009 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.
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
to enforce the provisions of the order.
8
October 16, 2009
The Respondent was ordered to pay the operational costs incurred by Code
Enforcement during the prosecution of this case in the amount of$117.87 on
or before November 16, 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
10. Case #CEPM 20090001763 - BCC vs. Robert Custer
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels 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(19)
An infestation of bees located underneath the rear of mobile home
Folio No: 68891160007
Violation address: 29 Covey Lane, Naples
The Notice of Violation was posted at the property and the Courthouse on October 1,
2009,
Investigator Sorrels stated the property was vacant and the Respondent has not
contacted her.
She introduced one photograph taken on February 24, 2009 which was marked as
County's Exhibit "A" and two photographs taken on October 1, 2009 and marked as
County's Composite Exhibit "B." The Exhibits were admitted into evidence,
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to hire a licensed bee remover or
exterminator to remove the bee infestation 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.
If the Respondent has not complied by the initial 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
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$118.05 on
or before November 16, 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 and provide a copy of the signed contract with the bee remover or
exterminator at the time of the site inspection.
Total Amount Due: $118.05
9
October 16,2009
RECESS: 10:50 AM
RECONVENED: 11 :08 AM
V. PUBLIC HEARINGS
C. Emergency Cases:
Case # CEPM 20090015885 - BCC vs. Geori!e Lambert
The Hearing was requested by Collier County Code Enforcement Investigative
Supervisor Jeff Letourneau who appeared on behalf of Investigator Ronald
Martindale.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article II Florida Building Code,
Section 22-26(103.11.2)
Private swimming pool without safety fence or enclosure
Folio No,: 37987440002
Violation address: 3580 White Blvd., Naples, FL 34117
The Notice of Hearing was posted at the property and the Courthouse on October 15,
2009.
Supervisor Letourneau introduced one photograph taken on October 5, 2009 by
Investigator Martindale which was marked as County's Exhibit "A" and admitted into
evidence, He noted the property is currently rented to a family with children. The
property is also in foreclosure.
The Special Magistrate noted the case was a Health, Safety and Welfare issue.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to erect an adequate temporary
safety barrier around the pool on or before the close of business on October 19,
2009 or a fine of $200. 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 Respondent was further ordered to obtain the appropriate Collier County
Permit to erect an approved permanent safety barrier, all required inspections
and a Certificate of Completion/Occupancy on or before November 16, 2009 or
afine of $200. 00 per day will be imposedfor 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 19th 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.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the order.
10
October 16, 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. 70 on
or before November 16, 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
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20090000375 - BCC vs. Primitivo Lara
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Investigator Renald Paul.
The Respondent was not present.
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
The Notice of Hearing was posted at the property and the Courthouse on October 1,
2009,
Supervisor Letourneau stated the violations have not been abated.
The County requested imposition of operational costs in the sum of $117.78, and
fines in the amount of$9,750,OO for the period from September 8, 2009 through
October 16,2009 (39 days @ $250/day), for a total amount of$9,867,78,
The Special Magistrated GRANTED the County's Motion of Imposition of Fines in
the amount of $9,867.78 and noted fines continue to accrue.
2. Case #CEPM 20090004376 - BCC vs. Nicholas B. Ford & Sarah A Boesel
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Property Maintenance Specialist Joe Mucha.
The Respondents were not present.
Violations: Ordinance 2004-58, Section 12
Structure with severe fire damage that has been declared a dangerous
building by Deputy Building Official
Folio No: 45850640002
Violation address: 980 16th Avenue SW
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October 16,2009
The Notice of Hearing was posted at the property and the Courthouse on October 5,
2009.
Supervisor Letourneau stated the violations were abated on October 2, 2009,
The County requested imposition of operational costs in the sum of$117.87, and
fines in the amount of $9,750.00 for the period from August 25, 2009 through
October 2,2009 (39 days @ $250/day), for a total amount of$9,867,87,
The Special Magistrated GRANTED the County's Motion of Imposition of Fines in
the total amount of $9, 867. 87.
3. Case #CEPM 20090001588 - BCC vs. Joseph B. and Jacqueline A. Okuniewicz
The County was represented by Code Enforcement Investigator Reggie Smith.
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 posted at the property and the Courthouse on October 1,
2009,
Investigator Smith stated the violations have not been abated,
The County requested imposition of operational costs in the sum of $117.52, and
fines in the amount of$6,250.00 for the period from September 21,2009 through
October 16,2009 (25 days @ $250/day), for a total amount of$6,367.72.
The Special Magistrated GRANTED the County's Motion of Imposition of Fines in
the amount of$6,367. 72 and notedfines continue to accrue.
VII. OLD BUSINESS:
None
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
The Special Magistrate reviewed the cases identified in the Executive Summary and
GRANTED the County's request to forward the referenced cases to the County
Attorney's Office.
B. Request for Special Magistrate to impose Nuisance Abatement Liens on cases
referenced in the submitted Executive Summary.
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October 16, 2009
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 - November 6, 2009 at 9:00 AM, located at the Dr. Martin
Luther King Jr. Administrative Center, 6776 Osceola Trail, Naples, Florida
** Please note, the location of the November 6,2009 Hearing has been changed to
the Collier County Community Development and Environmental Services ("CDES'?
Building at 2800 North Horseshoe Drive
*****
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11 :33 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented , or as amended
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