CESM Minutes 01/15/2010
January] 5,2010
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, January 15,2010
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: January IS, 2010 at 9:00 A.M.
LOCATION: 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
VERBATIM 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.
1. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - December 4, 2009
IV. MOTIONS
A. Motiou for Reduction! Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
S0135701-CEEX20090018403
CURTIS GRIMES
CORPORAL TIM GEENEN #771
CODE OF LAW & ORD., SEe. 316.195(2); IN ROADWAY FACING TRAFFIC. $113.00
421 S 2ND STREET, IMMOKALEE
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
SO 1661 07 -CEEX20090018880
LUIS CINTRON
DEPUTY KLINKMANN #1660
CODE OF LAW & ORD., SEe. 130-67; HANDICAPPED SPACE; NO VISIBLE PERMIT
PINE RlDGE ROAD TARGET
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
SOI72764-CEEX20090017348
KAROLYN KARNEHM C/O WILLIAM ROGERS P A
DEPUTY ALLEN #3171
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE
2131 RlVER REACH DRlVE, NAPLES
FI2009001
IBIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON L TD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFPA 72, CHAPTER 10.5.1
BATTERlES ARE THE WRONG SIZE FOR THE FIRE ALARM SYSTEM.
00399400007
8225 IBIS CLUB LANE
FI2009002
IBIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON LTD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFPA 13, CHAPTER 6.7.4
VALVES/CONNECTIONS NOT PROPERLY IDENTIFIED.
00399400007
8275 IBIS CLUB LANE
FI2009003
IBIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON L TD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFP AI, CHAPTER 10.4.1
LARGE HOLE IN STUCCO BEHIND FIRE ALARM STROBE, EXPOSED WIRES.
00399400007
8285 IBIS CLUB LANE
FI2009004
ffiIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON L TD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFPA 1, CHAPTER 18.3.4
FIRE DEPARTMENT CONNECTIONS NOT ACCESSIBLE/VISIBLE DUE TO
LANDSCAPING.
00399400007
8285 IBIS CLUB LANE
2
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
FI2009005
IBIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON L TD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFPA 13, CHAPTER 6.7.4
VALVES/CONNECTIONS NOT PROPERLY IDENTIFIED.
003 99400007
8290 IBIS CLUB LANE
FI2009006
IBIS CLUB INTERNATIONAL, LLC, C/O JOHN D. MALARKY, SCHAIN, BURNEY,
ROSS, CITRON LTD
FIRE INSPECTOR BARBARA SIBLEY
FLORlDA FIRE PREVENTION CODE, NFP A 13, CHAPTER 6.2.9
INADEQUATE SUPPLY OF SPARE SPRlNKLER HEADS IN THE BOX.
00399400007
8225 IBIS CLUB LANE
CESDZ0090011816
ABRAHAM VEITIA & LESA MARIA PEREZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(A)
ENCLOSING LANAI AND EXTENDING THE LANAI WITH NO PERMITS.
36245560007
1848 52ND TERRACE SW
CEPM20090008163
JOSEPH H. DEROMA LIVING TRUST UTD
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12B AND 12P
STRUCTURE THAT HAS EXTERlOR SIDING IN DETERlORA TED CONDITION AND
VACANT RENTAL UNIT THAT NEEDS INTERlOR FLOORlNG REPLACED.
62769800000
836 96TH AVENUE N., UNIT B, NAPLES
CESDZ0090003240
GREGORY & AMY BLOCKER
INVESTIGATOR MARlA RODRlGUEZ
FLORlDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1
FAILED TO OBTAIN REQUIRED INSPECTION AND A CERTIFICATE OF COMPLETION
FOR PERMIT 2009050227 FOR THE OUTDOOR CORRAL LIGHTS
00062400004
1404 LEMON TREE DRlVE, IMMOKALEE
3
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
CENA20090018159
EDIE HUNTER
INVESTIGATOR JAMES SEABASTY
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-181 AND
54-179
REPEAT VIOLATION. LITTER CONSISTING OF BUT NOT LIMITED TO: OLD TIRES,
BIKE PARTS, ALUMINUM SCRAPS, PLASTIC, OLD PARTIALLY DISMANTLED MOBILE
HOME, AIR CONDITION PARTS, OLD MATTRESS, WOOD, CUSHIONS, WINDOWS,
COUCH, DISHWASHER, STYROFOAM, FANS AND OTHER DEBRlS
01134800803
244 GLADYS COURT, COPELAND
CEPM20090015545
PAUL & LINDA CHRISTOPHER
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
PRlV A TE SWIMMING POOL NOT MAINTAINED. PRESENTING UNSIGHTLY
APPEARANCE, WATER STAGNATE, POLLUTED WITH CONDITIONS CONDUCIVE TO
INSECT INFESTATION.
51978031765
14739 INDIGO LAKES CIRCLE, NAPLES
CEPM20090015934
BRYON & STEPHANIE GOLDIZEN
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
SWIMMING POOL NOT MAINTAINED CONTAINING STAGNATE, ALGAE FILLED
WATER CONDUCIVE TO HARBORING INSECT INFEST A TION
64626000103
3036 OLD COVE WAY, NAPLES
CEPM20080003112
JAWED DASS & MUSSARAT JAWED DASS
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
POOL WATER IS BLACK AND FILLED WITH ALGAE
51147040121
8086 TAUREN COURT, NAPLES
4
V1. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007050220
MICHAEL & VIRGINIA SCHMIDT AND JAMES SCHMIDT
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY ORD. 2004-58, SEe. 6, SUBSECTIONS 12C AND 12P, THE PROPERTY
MAINTENANCE ORDINANCE. DAMAGED ROOF AND SECTIONS OF THE CEILING
THAT ARE DAMAGED AND IN NEED OF REPAIR
60784200001
5257 CYPRESS LANE, NAPLES
CEPM20090003534
ROBYN J. VOORHEES
INVESTIGATOR MICHELLE SCAVONE
ORDINANCE NO. 2004-58, SECTION 12. DANGEROUS BUILDING ON ESTATES ZONED
PROPERTY DUE TO FIRE DAMAGE
40685960004
3520 8TH AVENUE NE
CESDZ0090002328
BARRlE & DEANNE KEE JR.
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
1O.02.06(B)(I)(E)(I) AND FLORlDA 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 CERTIFICATE OF OCCUPANCY/COMPLETION.
41938720000
5810 STANDING OAKS LANE
2006100419
GARY L. HAUZE
INVESTIGATOR PATRlCK BALDWIN
COLLIER COUNTY LDC 04-41, AS AMENDED, SEe. 1O.02.06(B)(l)(A), 1O.02.06(B)(I)(E),
1O.02.06(B)(l)(E)(I) AND FLORlDA BUILDING CODE, 2004 EDITION, SEC. 105.1. BARN
BUILT ON ESTATES ZONED PROPERTY WITHOUT REQUIRED COLLIER CO. PERMITS
37493120007
280 10TH AVE. NE 34120
CEPM20090002094
JOSE A. ORTEGA
INVESTIGATOR THOMAS KEEGAN
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22, ARTICLE VI, SEe. 22-243
UNSECURED WINDOWS ON VACANT MOBILE HOME
61840440209
3085 KAREN DRIVE, NAPLES, FL
5
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESDZ0080013392
MlRAMAR BEACH & TENNIS CLUB INC.
INVESTIGA TOR JONATHAN MUSSE
COLLIER CO. LAND DEVELOPMENT CODE 2004-41, AS AMENDED,
SEC(S).10.02.06(B)(I)(A), 1O.02.06(B)(I)(E) & 1O.02.06(B)(I)(E)(I)
PERMIT #920004509 FOR A BOARDWALK WAS ISSUED ON APRlL 16, 1992 AND
EXPIRED ON OCTOBER 16, 1992 WITHOUT OBTAINING CERTIFICATION OF
COMPLETION.
54755120753
105 SHELL DRIVE BONITA SPRINGS
CENAZ00900I0I29
JAMES S. LOUCY
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-179
LITTER CONSISTING OF BUT NOT LIMITED TO: WOOD, CARDBOARD BOXES,
BA TTERlES, GARDENING TOOLS, GAS CAN, GRANITE COUNTER TOPS, COOLER,
POOL PUMP, ETe.
24070920002
237 BURNING TREE DRlVE
CEPM200900I0278
JAMES S. LOUCY
INVESTIGATOR JONATHAN MUSSE
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
24070920002
237 BURNING TREE DRlVE
CEPM20090005339
EDWARD SLASIENSKI
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(11), 22-231(12)(B), AND 22-231(12)(C)
ROOF IN PARTIAL DISREPAIR, EXPOSED WIRlNG, MISSING EXTERlOR LIGHTING
AND HOLES TO THE EXTERlOR WALLS
29781040001
1112 HIGHLANDS DRlVE, NAPLES
6
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
CENA20090005343
EDWARD SLASIENSKI
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS, LITTER, AND EXOTICS, SECTION(S) 54-179 & 54-184
LITTER CONSISTING OF BUT NOT LIMITED TO; CAMPER TOP, 2 INOPERABLE LAWN
MOWERS, BUCKETS, WOOD, METAL, DOORS, WINDOWS, ETe.
29781000009
1100 HIGHLANDS DRlVE, NAPLES
CEPM20090005344
EDWARD SLASIENSKI
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION(S) 22-231(11) AND 22-231(l2)(C)
ROOF IN PARTIAL DISREPAIR, EXPOSED WIRING, AND MISSING EXTERlOR
LIGHTING
29781000009
1100 HIGHLANDS DRlVE, NAPLES
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 Snbmitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: February 5, 2010 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
7
January ]5,20]0
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.
The Special Magistrate noted that, prior to conducting the Hearing, Respondents
were given an opportunity to speak with their Investigating Officer(s) for a
Resolution by Stipulation; the goal is to obtain compliance without being punitive.
RECESS: 9:17 AM
RECONVENED: 9:33 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 #12, Case #CESD 20090003240 - BCC vs. Gregory & Amy
Blocker
. Agenda #10, Case #CESD 20090011816 - BCC vs. Abraham Veitia &
Lesa Maria Perez
(b) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
Deputy:
. Agenda #2, Case #SO 166107-CEEX 20090018880 - BCC vs. Luis
Cintron
(c) Under Item V (B), "Hearings, "the following case was WITHDRAWN by the
County due to payment:
. Agenda #3, Case #SO 172764-CEEX 20090017348 - BCC vs. Karolyn
Karnehm c/o William Rogers, PA
(d) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
. Agenda #6, Case #FI 2009003 - BCC vs. Ibis Club International, LLC,
c/o John D. Malarky, Schain, Burney, Ross, Citron, LTD
. Agenda #13, Case #CENA 20090018159 - BCC vs. Edie Hunter
(e) Under Item VI (A), "Motion for Imposition of Fines," the following case was
WITHDRAWN by the County:
. Agenda #6, Case #CESD 20080013392 - BCC vs. Miramar Beach &
Tennis Club, Inc.
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.
2
January ]5, 20] 0
III. APPROVAL OF MINUTES - December 4, 2009
The Minutes of the Special Magistrate Hearing held on December 4,2009 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines - None
B. Motion for Extension of Time - None
V. PUBLIC HEARINGS
A. Stipulations:
12. Case #CESD 20090003240 - BCC vs. Greeorv & Amv Blocker
The Hearing was requested by Collier County Code Enforcement Investigator Maria
Rodriguez.
The Respondents were not present.
Violations: F]orida Bui]ding Code, 2004 Edition, Chapter] Permits, Section] 05.]
Fai]ed to obtain required inspection and a Certificate of Completion for
Permit #2009050227 for the outdoor corral lights
Folio No: 00062400004
Violation address: ]404 Lemon Tree Drive, Immokalee
A Stipulation was entered into by Respondent, Gregory Blocker, on January 13, 2010.
A Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Rodriguez stated only Mr. Blocker signed the Stipulation.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to either re-apply for a Collier County
Building Permit, all required inspections and a Certificate of Completion, or obtain
a Collier County Demolition Permit to remove the unpermitted improvements, all
required inspections, and a Certificate of Completion on or before February /5,
2010, 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.
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 $112.23 on
or before February 15, 2010.
3
January ]5, 20]0
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: $I12.23
10. Case #CESD 20090011816 - BCC vs. Abraham Veitia & Lesa Maria Perez
The Hearing was requested by Collier County Code Enforcement Investigator Rena]d
Paul who was present.
Respondent, Abraham Veitia, was present and represented his wife, Lesa Maria
Perez.
Lesa Veitia, the Respondent's daughter, served as translator.
Violations: Collier County Land Development Code 04-4], as amended, Section
] 0.02.06(B)(1 )(A)
Enclosing lanai and extending the lanai with no permits.
Folio No: 36245560007
Violation address: ]848 52nd Terrace SW
The Respondents reside at 1848 52nd Terrace SW, and Mr. Veitia confirmed his
daughter translated the Stipulation for him prior to signing.
A Stipulation was entered into by Respondent, Abraham Veitia, on behalf of his wife,
Lesa Maria Perez, and himself on January 15, 2010.
Investigator Paul stated the Respondent admitted the violation.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to either obtain all permits and
inspections required by Collier County and a Certificate of Completion, or obtain
a County Demolition Permit, all required inspections, and a Certificate of
Completion on or before May 15, 2010, or afine of$200.00 per day will be imposed
for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$I12.42 on
or before February 15,2010.
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: $112.42
4
January ]5, 2010
Supervisor Wa]dron stated the following case was WITHDRAWN by the County:
Agenda #1, Case #SO 135701-CEEX 20090018403 - BCC vs. Curtis Grimes
V. PUBLIC HEARINGS
B. Hearings:
4. Case #FI 2009001- BCC vs. Ibis Club International, LLC, c/o John D.
Malarkv, Schain. Burnev, Ross. & Citron, LTD
The Hearing was requested by Collier County Fire Inspector Barbara Sibley, Golden
Gate Fire District, who was present.
The Respondent was represented by Albert Miranda, Maintenance Supervisor.
Violations: Florida Fire Prevention Code, NFPA 72, Chapter 10.5.] ("Nationa] Fire
Protection Association")
Batteries are the wrong size for the fire alarm system.
Folio No: 00399400007
Violation address: 8225 Ibis Club Lane
Mr. Miranda stated he was authorized by the management company, Condominium
Concepts, LLC, to represent the Respondent.
The Special Magistrate clarified John D. Malarky ofSchain, Burney, Ross, & Citron
was not a Respondent in the case, and confirmed the Florida Fire Prevention Code
cited by the Inspector had been adopted by Collier County as an Ordinance.
Inspector Sibley introduced the following Exhibits on behalf of the County which
were marked and admitted into evidence:
. Exhibit "A" - original Notice of Violation issued on January 3, 2008 and
signed by the Property Manager
. Exhibit "B" - photograph - 4 amp battery installed in fire alarm panel
. Exhibit "c" - wiring legend/specs - submitted to Permitting
. Exhibit "D" - email dated March 24, 2008 to IBIS Property Manager
. Exhibit "E" - emai] dated September 4, 2008 to IBIS Property Manager
. Exhibit "F" - emai] dated Ju]y 7,2009 to IBIS Property Manager
. Exhibit "G" - certified letter sent to the Property Manager
The Inspector stated an incorrectly sized battery was installed in the fire alarm panel
at 8225 Ibis Club and the violation had not been abated.
Mr. Miranda stated he assumed responsibility at the property approximately four
months ago. He further stated batteries had been replaced, but this building may have
been missed.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation and ordered to hire a Certified fire alarm
5
January ]5, 2010
Contractor to install a correctly sized battery at 8225 Ibis Club Lane on or before
January 29,2010, or afine of $250. 00 per day will be imposed for each day the
violation remains thereafter unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $112. 03 on
or before February 15, 2010.
The Respondent is to notify the Golden Gate Fire District Inspector within 24 hours
of abatement of the violation and request the Inspector perform a site inspection to
confirm compliance.
Total Amount Due: $112.03
5. Case #FI 2009002- BCC vs. Ibis Club International, LLC, c/o John D.
Malarkv, Schain, Burnev, Ross, & Citron, LTD
The Hearing was requested by Collier County Fire Inspector Barbara Sibley, Golden
Gate Fire District, who was present.
The Respondent was represented by Albert Miranda, Maintenance Supervisor.
Violations: F]orida Fire Prevention Code, NFP A 13, Chapter 6.7.4 ("National Fire
Protection Association")
Valves/connections not properly identified.
Folio No: 00399400007
Violation address: 8275 Ibis Club Lane
The Special Magistrate noted the Findings made in Agenda #4, Case #FI 2009001.
concerning representation and jurisdiction will remain the same for the remaining Ibis
Club cases.
Inspector Sibley introduced the following Exhibits on behalf of the County which
were marked and admitted into evidence:
. Exhibit "A" - original Notice of Violation issued on January 3,2008 and
signed by the Property Manager
. Composite Exhibit "B" - two photographs of the property
. Exhibit "C" ~ email dated March 24, 2008 to IBIS Property Manager
. Exhibit "D" - email dated September 4, 2008 to IBIS Property Manager
. Exhibit "E" - email dated July 7, 2009 to IBIS Property Manager
. Exhibit "F" - certified letter sent to the Property Manager
The Inspector stated signs identifying values and connections must face the roadway
and be visible to fire equipment upon approach. The violation has not been abated.
6
January ]5, 20]0
Mr. Miranda stated the violation was abated but a site inspection had not been
performed.
Inspector Sibley stated she will conduct a follow-up site visit.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to provide proper, visible sign age at
the property on or before January 29,2010, or afine of $250. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
Ifnecessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$111.96 on
or before February 15,2010.
The Respondent is to notify the Golden Gate Fire District Inspector within 24 hours
of abatement of the violation and request the Inspector perform a site inspection to
confirm compliance.
Total Amount Due: $111.96
7. Case #FI 2009004- BCC vs. Ibis Club International. LLC. c/o John D.
Malarky, Schain. Burney, Ross, & Citron, L TD
The Hearing was requested by Collier County Fire Inspector Barbara Sibley, Golden
Gate Fire District, who was present.
The Respondent was represented by A]bert Miranda, Maintenance Supervisor.
Violations: Florida Fire Prevention Code, NFPA ], Chapter ]8.3.4 ("National Fire
Protection Association")
Fire Department connections not accessible/visible due to landscaping
Folio No: 00399400007
Violation address: 8285 Ibis Club Lane
(See Agenda #4 for Disclaimer).
Inspector Sibley introduced the following Exhibits on behalf of the County which
were marked and admitted into evidence:
· Exhibit "A" - original Notice of Violation issued on January 3, 2008
. Composite Exhibit "B" - two photographs ofthe property
. Exhibit "C" - emai] dated March 24, 2008 to IBIS Property Manager
. Exhibit "D" - email dated September 4, 2008 to IBIS Property Manager
. Exhibit "E" - email dated July 7,2009 to IBIS Property Manager
. Exhibit "F" - certified letter sent to the Property Manager
The Inspector stated the landscaping/overgrown hedges obscured the location of the
7
January ]5, 20]0
Fire Department connections (hose hook-up) from fire apparatus entering the
property.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove overgrown shrubbery to
provide a clear view of Fire Department connections at the property on or before
January 29,2010, or afine of $250. 00 per day will be imposed for each day the
violation remains thereafter unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $11 1.96 on
or before February 15, 2010.
The Respondent is to notifY the Golden Gate Fire District Inspector within 24 hours
of abatement of the violation and request the Inspector perform a site inspection to
confirm compliance.
Total Amount Due: $111.96
8. Case #FI 2009005 - BCC vs. Ibis Club International, LLC, c/o John D.
Malarky, Schain, Burney, Ross, & Citron, LTD
The Hearing was requested by Collier County Fire Inspector Barbara Sibley, Go]den
Gate Fire District, who was present.
The Respondent was represented by Albert Miranda, Maintenance Supervisor.
Violations: Florida Fire Prevention Code, NFP A 13, Chapter 6.7.4 ("National Fire
Protection Association")
Valves/connections not properly identified
Folio No: 00399400007
Violation address: 8290 Ibis Club Lane
(See Agenda #4 for Disclaimer).
Inspector Sibley introduced the following Exhibits on behalf of the County which
were marked and admitted into evidence:
. Exhibit "A" - final Notice ofVio]ation issued on June ]0,2009 and signed by
the Property Manager
. Composite Exhibit "B" - three photographs of the property
. Exhibit "C" - email dated March 24, 2008 to IBIS Property Manager
. Exhibit "D" - email dated September 4, 2008 to IBIS Property Manager
. Exhibit "E" - email dated July 7, 2009 to IBIS Property Manager
. Exhibit "F" - certified letter sent to the Property Manager
8
January ]5, 20]0
The Inspector stated the Fire Department connections were totally obscured from
view of any fire apparatus entering the property.
Mr. Miranda stated the violation was abated and introduced two photographs which
were marked as Respondent's Exhibits "]" and "2" and admitted into evidence.
Inspector Sibley stated she will conduct a follow-up site visit.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to provide proper signage for the
Fire Department connections at the property on or before January 29,2010, or a
fine of $250. 00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $111.96 on
or before February 15, 2010.
The Respondent is to notifY the Golden Gate Fire District Inspector within 24 hours
of abatement of the violation and request the Inspector perform a site inspection to
confirm compliance.
Total Amount Due: $111.96
9. Case #FI 2009006 - BCC vs. Ibis Club International, LLC. c/o John D.
Malarky, Schain, Burney, Ross. & Citron, LTD
The Hearing was requested by Collier County Fire Inspector Barbara Sibley, Golden
Gate Fire District, who was present.
The Respondent was represented by Albert Miranda, Maintenance Supervisor.
Violations: Florida Fire Prevention Code, NFPA 13, Chapter 6.2.9
Inadequate supply of spare sprinkler heads in the box.
Folio No: 00399400007
Violation address: 8225 Ibis Club Lane
(See Agenda #4 for Disclaimer).
Inspector Sibley introduced the following Exhibits on behalf of the County which
were marked and admitted into evidence:
. Exhibit "A" - Notice of Violation issued on January 3, 2008 and signed by the
Property Manager
. Exhibit "B" -photographs of sprinkler heads
. Exhibit "C" - email dated March 24, 2008 to IBIS Property Manager
. Exhibit "D" - email dated September 4, 2008 to IBIS Property Manager
9
January ]5, 20] 0
. Exhibit "E" - emai] dated Ju]y 7,2009 to IBIS Property Manager
. Exhibit "F" - certified letter sent to the Property Manager
Power Outtage: 10:58 AM
RECONVENED: 11:02 AM
The Inspector stated Code requires six different sprinkler heads to be kept on site, but
the Respondent had only four in the spare sprinkler head box.
Mr. Miranda stated he will supply the proper number of correct sprinkler heads.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to provide the proper number of
sprinkler heads on or before January 29,2010, or afine of$250.00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $111. 96 on
or before February 15,2010.
The Respondent is to notify the Golden Gate Fire District Inspector within 24 hours
of abatement of the violation and request the Inspector perform a site inspection to
confirm compliance.
Total Amount Due: $111.96
11. Case #CEPM 20090008163 - BCC vs. Joseph H. Deroma Livinl! Trust UTD
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondent was represented by Rental Agent Mary Jayne Coyne
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-23], Subsections ]2B and ]2P
Structure that has exterior siding in deteriorated condition and vacant
rental unit that needs interior flooring replaced.
Folio No: 62769800000
Violation address: 836 96th Avenue N., Unit B, Nap]es, FL 34108
Ms. Coyne who resides at 730 99th Avenue North, Naples, F]orida 34]08, has been
authorized by the owner to represent him. She stated the property is one of three lots
that are either in foreclosure or foreclosure is pending.
10
January ]5, 20]0
Investigator Mucha introduced seven photorgraphs, taken on May 18, 2009, which
were marked as County's Composite Exhibit "A," and five photographs, taken on
August 28, 2009, which were marked as County's Composite Exhibit "B." The
Exhibits were admitted into evidence.
Power Outtage: 11:16 AM
RECONVENED: 11:23 AM
The Investigator stated he researched the subject property and found it is not currently
in foreclosure.
The Rental Agent stated there are three parcels with two sets of duplexes on each lot,
and two of the three are in foreclosure. The subj ect property will also be foreclosed
upon. She further stated in May 2009 she contacted a mold abatement company to
inspect the property. It was determined there was a water leak from a hot water tank,
but no mold. The tenant damaged the property by attempting to remove carpeting
and was evicted for non-payment of rent. The property is vacant and no additional
repairs were done.
The Investigator explained the Ordinance requires a landlord to maintain his property
whether it is occupied or vacant.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to replace or repair the damaged
wood siding and replace the flooring on or before May 15, 2010, 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.
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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $112. 69 on
or before February 15,2010.
The Respondent is to notifY the Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.69
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #2007050220 - BCC vs. Michael Schmidt & Vire:inia and James
Schmidt
11
January ]5, 20]0
The County was represented by Code Enforcement Investigative Investigator Carol
Sykora.
Respondents, Virginia and James Schmidt, were present and represented their son,
Michae] Schmidt.
Violations: Collier County Ord. 2004-58, Sec. 6, Subsections ]2C and ]2P, the
Property Maintenance Ordinance
Damaged roof and sections of the ceiling that are damaged and in need
ofrepair.
Fo]io No: 6078420000]
Violation address: 5257 Cypress Lane, Nap]es
The Respondents reside at 52]9 Map]e Lane, Nap]es, Florida 34] 13.
Investigator Sykora stated the violation has been abated. The Operational Costs of
$267.90 for the initial hearing and the Operational Costs for the Imposition of Fines
Hearing of $] 12.29 have been paid.
The County requested imposition of fines in the sum of$137,400 for the period
between February 20,2008 through January 6, 2010 (687 days @ $200/day), for a total
amount due of $137,400.
The Respondents stated the lien had not been recorded when they purchased the
property in July 2009, even though they paid for a property search by the County
prior to closing. They obtained permits, have repaired the damaged roof, are in the
process of restoring the remainder of the property, and requested dismissal of the
fines.
The Investigator stated the County would not object.
The Special Magistrate stated the Respondents performed their due diligence prior
to buying the property and DENIED the County's Motion for Imposition of Fines.
3. Case #CESD 20090002328 - BCC vs. Barrie & Deanne Kee, Jr.
The County was represented by Code Enforcement Supervisor Jeff Letourneau.
Respondent, Barrie Kee, Jr. was present and represented his wife, Deanne Kee.
Violations: Collier County Land Development Code 2004-4], as amended, Section
] 0.02.06(B)(] )(E)(I) and F]orida Building Code Article II, Section
22-26(B)(] 04.5.1.4.4)
Swimming pool and metal work shop constructed without receiving
Final Inspection(s). Permit(s) expired/abandoned without obtaining
Certificate of Occupancy/Completion.
Folio No: 4]938720000
Violation Address: 5810 Standing Oaks Lane
12
January ]5, 20] 0
Supervisor Letourneau stated the violation has been abated, and the Operational Costs
of $] 17.70 for the initial Hearing were paid.
The County requested imposition of Operational Costs (Imposition of Fines Hearing)
in the sum of$] ]2.]6, together with fines in the sum of$700 for the period between
November ]9,2009 through November 25, 2009 (7 days @ $]OO/day) for a total
amount due of $8]2.]6.
The Respondent attempted to file a complaint against the builder for not obtaining
final inspection as required, but he was unable to do so because of a misunderstanding
regarding the Permit. He repaired all the damage and secured a final inspection.
The Special Magistrate GRANTED the County's Motion but waived payment of
Fines and imposed only the Operational Costs in the sum of$112.16.
4. Case #2006100419 - BCC vs. Garv L. Hauze
The County was represented by Code Enforcement Investigator Michelle Scavone.
The Respondent was present.
Violations: Collier County LDC 04-4], As Amended, Sec. 1O.02.06(B)(])(A),
] 0.02.06(B)(] )(E), ] 0.02.06(B)(1 )(E)(I) and F]orida Building Code,
2004 Edition, Sec. ]05.1.
Barn built on estates zoned property without required Collier Co.
permits
Folio No: 37493]20007
Violation address: 280 10th Ave. NE, 34]20
The Respondent resides at 280 Tenth Avenue NE, Nap]es, FL 34]20.
Investigator Scavone stated the violation was abated and the Operational Costs of
$]] 7.69 for the initial Hearing were paid.
The County requested imposition of Operational Costs (for the Imposition of Fines
Hearing) in the amount of$112.49, together with fines in the amount of $48,400 for
the period from September ]9, 2008 through January ]5, 2010 (484 days @
$100/day), for a total amount due of$48,5]2.49.
The Respondent stated he was unaware his initial permit had expired, and was unable
to obtain a second permit due to financial difficulties. He obtained a "Permit by
Affidavit" in June 2009 and obtained a second permit in November 2009 at a cost of
over $] ,000. The process was further complicated due to different signatures by the
Engineers on the drawings. A Certificate of Completion was issued prior to the
Hearing and verified by the Investigator. He requested dismissal of the fines.
The Special Magistrate DENIED the County's Motion for Imposition of Fines or
payment of Operational Costs.
13
January ]5, 20]0
V. PUBLIC HEARINGS
B. Hearings:
14. Case #CEPM 20090015545 - BCC vs. Paul & Linda Christopher
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martinda]e who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Bui]ding
Regu]ations, Article VI Property Maintenance Code, Section 22-23] (]5)
Private swimming pool not maintained. Presenting unsightly appearance,
water stagnate, polluted with conditions conducive to insect infestation.
Folio No: 5]978031765
Violation address: ]4739 Indigo Lakes Circle, Naples
The Notice of Hearing was posted at the Courthouse on December 29,2009 and at the
property on December 30, 2009.
Investigator Martindale introduced one photograph, taken on October ]2,2009,
which was marked as County Exhibit "A" and admitted into evidence. He stated the
property is vacant and 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 clean and treat the pool
water to remove the algae and provide bi-weekly treatments to maintain the pool
water, or to chemically treat the pool water and cover the pool pursuant to HUD
standards on or before January 25,2010 or afine of$250.00 per day will be
imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the 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 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$112.29 on
or before February 15,2010.
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: $112.29
15. Case #CEPM 20090015934 - BCC vs. Bryon & Stephanie Goldizen
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martinda]e who was present.
The Respondents were not present.
14
January 15, 20]0
Violations: Collier County Code of Laws & Ord, Chapter 22 Bui]dings and Building
Regu]ations, Article VI Property Maintenance Code, Section 22-23 ](15)
Swimming pool not maintained containing stagnate, algae filled water
conducive to harboring insect infestation.
Folio No: 64626000103
Violation address: 3036 Old Cove Way, Nap]es
The Notice of Hearing was posted at the property and the Courthouse on
December 29, 2009.
Investigator Martinda]e introduced one photograph, taken on October 8, 2009, which
was marked as County 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 clean and treat the pool
water to remove the algae and provide bi-weekly treatments to maintain the pool
water, or to chemically treat the pool water and cover the pool pursuant to HUD
standards on or before January 25, 2010 or a fine of $250.00 per day will be
imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the 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 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$112.29 on
or before February 15,2010.
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: $112.29
16. Case #CEPM 20080003112 - BCC vs. Jawed Dass & Mussarat Jawed Dass
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Bui]dings and Building
Regnlations, Article VI Property Maintenance Code, Section 22-23 ](15)
Pool water is black and filled with algae
Folio No: 51147040]2]
Violation address: 8086 Tauren Court, Nap]es
The Notice of Hearing was posted at the property and the Courthouse on
December 29,2009.
15
January ]5, 2010
Investigator Martindale introduced one photograph, taken on November 5, 2009,
which was marked as County 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 clean and treat the pool
water to remove the algae and provide bi-weekly treatments to maintain the pool
water, or to chemically treat the pool water and cover the pool pursuant to HUD
standards on or before January 25,2010 or afine of $250. 00 per day will be
imposed for each day the violation remains thereafter, unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
If the 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 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 $112.49 on
or before February 15,2010.
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: $112.49
C. Emergency Cases: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # CEPM 20090003534 - BCC vs. Robvn J. Voorhees
The County was represented by Code Enforcement Investigator Michelle Scavone.
The Respondent was not present.
Violations: Ordinance No. 2004-58, Section 12.
Dangerous building on estates zoned property due to fire damage
Folio No: 40685960004
Violation address: 3520 8th Avenue NE
The Notice of Hearing was posted at the property and the Courthouse on January 4,
20]0.
Investigator Scavone stated the violation was abated by the County on October 9,
2009.
16
January ]5, 20]0
The County requested imposition of Operational Costs in the amount of$I ]8.14 for
the initial Hearing and $] ]2.09 for the Imposition of Fines Hearing, reimbursement of
abatement fees in the sum of $4,952, and fines in the sum of $8,000 for the period
from September 8, 2009 through October 9,2009 (32 days @ $250/day), for a total
amount due of$13,I82.23.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$I3,182.23.
5. Case #CEPM 20090002094 - BCC vs. Jose A. Ortel!a
The County was represented by Code Enforcement Investigator Thomas Keegan.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI,
Sec. 22-243
Unsecured windows on vacant mobile home
Folio No: 6]840440209
Violation address: 3085 Karen Drive, Nap]es, FL
The Notice of Hearing was posted at the property and the Courthouse on December 29,
2009.
Investigator Keegan stated the violation was abated by the County on October 5,
2009. The previously assessed Operational Costs in the amount of$]] 7.70 were
paid.
The County requested imposition of Operation a] Costs in the amount of$] ]2.29 for
the Imposition of Fines Hearing, reimbursement of abatement fees in the sum of
$4,393.09, and fines in the sum of$3,000 for the period from September 6,2009
through October 5, 2009 (30 days @ $]OO/day), for a total amount due of$7,505.38.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $7,505.38.
7. Case #CENA 20090010129 - BCC vs. James S. Loucv
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-] 79
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
17
January 15, 2010
The Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Musse stated the violation was abated by the County on October ]4,
2009.
The County requested imposition of Operational Costs in the amount of $117.70 for
the initial Hearing and $112.16 for the Imposition of Pines Hearing, reimbursement of
abatement fees in the sum of $550, and fines in the sum of $2,300 for the period from
September 22,2009 through October ]4, 2009 (23 days @ $]OO/day), for a total
amount due of$3,079.86.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$3,079.86.
8. Case #CEPM 20090010278 - BCC vs. James S. Loucv
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article VI, Property Maintenance Code, Section 22-
23](]2)(L) and Section 22-231(15)
Pool is green, stagnate, and not properly maintained, also missing screen
panels from the pool enclosure
Polio No: 24070920002
Violation address: 237 Burning Tree Drive
The Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Musse stated the violation was abated by the County on November ]2,
2009.
The County requested imposition of previously assessed Operationa] Costs in the
amount of$] ]8.05, Operational Costs in the amount of$112.]6 for the Imposition of
Pines Hearing, reimbursement of abatement costs to the County in the sum of $ ],272,
fines (poo] maintenance) in the sum of$5,200 for the period from September 22,
2009 through November ]2,2009 (52 days @ $]OO/day), and fines (missing screen
panels) in the sum of$2,600 for the period from September 22, 2009 through
November ]2, 2009 (52 days @ $50/day), for a total amount due of $9,302.2].
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$9,302.21.
18
January ]5, 20]0
9. Case #CEPM 20090005339 - BCC vs. Edward Slasienski
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws & Ordinances Chapter 22 Buildings and
Building Regulations, Article VI Property Maintenance Code, Sections
22-23](11), 22-23](]2)(B), and 22-23](]2)(C)
Roof in partial disrepair, exposed wiring, missing exterior lighting and
holes to the exterior walls
Fo]io No: 2978]040001
Violation address: 11]2 Highlands Drive, Naples
The Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Musse stated the violations have not been abated.
The County requested imposition of previously assessed Operationa] Costs in the
amount of$] 17.70, Operationa] Costs in the amount of$] ]2.03 for the Imposition of
Fines Hearing, and fines in the sum of$]2,800 for the period from November 13,
2009 through January ]5, 2010 (64 days @ $200/day), for a total amount due of
$13,029.73.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $13,029.73 and noted fines continue to accrue.
10. Case #CENA 20090005343 - BCC vs. Edward Slasienski
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 54 Environment,
Article VI, Weeds, Litter, and Exotics, Section(s) 54-179 & 54-184
Litter consisting of but not limited to; camper top, 2 inoperable lawn
mowers, buckets, wood, metal, doors, windows, etc.
Folio No: 29781000009
Violation address: ] 100 High]ands Drive, Naples
The Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Musse stated the violations have been abated.
The County requested imposition of previously assessed Operational Costs in the
amount of$]] 7.78, Operationa] Costs in the amount of$] ]2.03 for the Imposition of
Fines Hearing, and fines in the sum of $4,600 for the period from November 13, 2009
19
January ]5, 20]0
through December 28, 2009 (46 days @ $100/day), for a total amount due of
$4,829.81.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$4,829.8J.
11. Case #CEPM 20090005344 - BCC vs. Edward Slasienski
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws & Ordinances Chapter 22 Buildings and
Bui]ding Regu]ations, Article VI Property Maintenance Code, Section(s)
22-23](]]) and 22-23](12)(C)
Roofin partial disrepair, exposed wiring, and missing exterior lighting
Folio No: 29781000009
Violation address: ] ]00 High]ands Drive, Naples
The Notice of Hearing was posted at the property and the Courthouse on December 30,
2009.
Investigator Musse stated the violations have been abated.
The County requested imposition of previously assessed Operational Costs in the
amount of$l] 7.52, Operational Costs in the amount of$] ]2.03 for the Imposition of
Fines Hearing, anffines in the sum of$9,200 for the period from November 13, 2009
through December 28, 2009 (46 days @ $200/day), for a total amount due of
$9,429.55.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$9,429.55.
VII. OLD BUSINESS:
None
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.
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January ]5, 2010
IX. REPORTS:
None
X. NEXT HEARING DATE - February 5, 2010, 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 1:02 P.M.
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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