CESM Minutes 02/05/2010
February 5,2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 5,2010
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 Administration 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:
LOCATION:
February 5, 2010 at 9:00 A.M.
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.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - January 15,2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SOl 72140-CEEX20 I 000001 02
SONDRA SCHUBINER
DEPUTY KENNETH ROBINS #2956
CODE OF LAW & ORDINANCES, SECTION 130-67
PARKED BLOCKING STRIPED ACCESS. HANDICAPPED SPACE
VIOLATION
ADDRESS:
V ANDERBIL T BEACH TURN A ROUND. GULFSHORE & V ANDERBIL T BEACH
2. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
SO 172406-CEEX201 00000519
VILMA HAGUE
DEPUTY KENNETH ROBINS #2956
CODE OF LA W & ORDINANCES. SECTION 130-67
EXPIRED PERMIT 08-19-09. HANDICAPPED SPACE
VIOLATION
ADDRESS:
WATERSIDE SHOPS. ACROSS FROM SILVER SPOON
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TlON
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
SO 166111-CEEX20090019344
MAE PORTER
DEPUTY KLlNKMANN #1660
CODE OF LAW & ORDINANCES, SECTION 130-67
DRIVER USED PERMIT OF OTHER NOT PRESENT PERSON. HANDICAPPED SPACE
CARILLON DENTIST OFFICE
SO 16531 O-C E EX20 I 00000581
ANASTlCIA CAMBO
STEPHAN LEONI #3 108
CODE OF LAW & ORDINANCES, SECTION 130-66
COUNTY RIGHT OF WAY
GOLDEN GATE PARKWAY & 52ND TERRACE SW
S0167671-CEEX20090019561
GAIL TURNER
DEPUTY KELLER # 2421
CODE OF LAW & ORDINANCES, SECTION 130-66
PARKED ON SIDEWALK
4601 NEAPOLITAN WAY
PU4508-CEEX20100000153
RAMIRO & MARTHA LLERENA
TONY A PHILLIPS
ORDINANCE 2005-54, SECTION 19E(2, 3, AND 4)
NO COMMERCIAL SOLID WASTE COLLECTION SERVICE. CUSTOMER PREVIOUSLY
ISSUED NOTICE OF VIOLATION CITATION NUMBER 4506 & 4507. CUSTOMER STILL
IN VIOLATION. HEALTH, SAFETY, WELFARE ISSUE.
62250520006
11375 TAMIAMI TRAIL EAST
DAS12085-CEEX20100000141
FRANCINE JUDITH PARKES
ANITA MARTINDALE
COLLIER COUNTY ORDINANCE 2008-5 I, SECTION 7( I)
FAILURE TO LICENSE A DOG. S.F. SHEPHERD MIX
3435 26TH A VENUE SE
DAS 12086-CEEX20 I 00000 142
FRANCINE JUDITH PARKES
ANITA MARTINDALE
COLLIER COUNTY ORDINANCE 2008-5 I, SECTION 7(2)
FAILURE TO VACCINATE A DOG. S.F. GERMAN SHEPHERD MIX
3435 26TH A VENUE SE
2
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TlON
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
DAS 12087-CEEX201 00000143
FRANCINE JUDITH PARKES
ANITA MARTINDALE
COLLIER COUNTY ORDINANCE 2008-51, SECTION 7(1); FAILURE TO LICENSE A DOG.
3435 26TH A VENUE SE
DASI2088-CEEX20 1 00000144
FRANCINE JUDITH PARKES
ANITA MARTINDALE
COLLIER COUNTY ORDINANCE 2008-51, SEe. 7(2); FAILURE TO VACCINATE A DOG.
3435 26TH A VENUE SE
CEPM20090017256
ULISES PUENTES, PLATINUM HOME INVESTMENT CORP.
RALPH BOSA
COLLIER COUNTY ORD. 2004-58, SEC. 12; HAZARDOUS & DANGEROUS BUILDING
4035248000
3231 18TH AVENUE NE, NAPLES
CENA20090015742
JOSE & OSCAR TELLEZ
ED MORAD
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-185(A); ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT.
66880920001
312 6TH COURT S., IMMOKALEE
CESD20090010105
DAVID & PANSY DEMPSEY
WELDON WALKER JR.
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(A); UNPERMITTED FREE STANDING METAL TYPE CARPORT NEXT TO
DWELLING UNIT.
5[240760007
1202 IMMOKALEE DRIVE, IMMOKALEE
CESD20090010614
BENITO BARNHART
WELDON WALKER JR.
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(E)(A); UNPERMITTED SHED AND POLE BARN AT REAR OF PROPERTY.
5104052000
1207 TYLER AVENUE, IMMOKALEE
3
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20090010185
LORENZO MARTINEZ
WELDON WALKER JR.
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
I 0.02.06(B)(I )(E)
UNPERMITTED SHED TO THE REAR OF THE PROPERTY
51040240002
1216 TYLER AVENUE, IMMOKALEE
CEV20090019152
LEO & LINDA ARMSTRONG
THOMAS KEEGAN
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
201.00(A)
BROWN LINCOLN TOWN CAR - TAG #B57-25 I WITH EXPIRED TAG OF 06/09
PARKED/STORED IN DRIVEWAY
81626880005
201 GRASSY KEY LANE, NAPLES
CEPM20090019294
SENEN LUGO
THOMAS KEEGAN
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-243
UNSECURED V ACANT HOME
40475200000
4287 12TH A VENUE NE
CEPM20090012058
SOUTH BAY ASSOCIATION LLC C/O ROBERT WOLFORTH
JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12P AND 19
VACANT RENTAL UNIT THAT HAS MOLD ON THE CEILING AND INTERIOR WALLS
74029003920
2078 ROOKERY BAY DRIVE, UNIT 2604
CEPM20090012479
KENNETH MOSS SR. AND TOMMIE MOSS
JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12F, I2G, AND 12H
RENTAL PROPERTY THAT NEEDS TO HAVE STAIRS REPLACED, AND GUARDRAILS
REPLACED FOR WOOD DECK ON SECOND STORY.
46420880000
633 PALM A VENUE, GOODLAND
4
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. 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:
CESD20090005170
JA Y DEE STATON
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION(S)
1 002.06(B)(I )(A), I 0.02.06(B)( I )(E), AND I 0.02.06(B)(I )(E)(I)
PERMIT # 200[051852 FOR A "CONVENIENCE PERM[T - SHINGLE RE-ROOF" THAT
WAS ISSUED ON 5-21-01 AND EXPIRED ON 11-17-01. CERTIFICATE OF COMPLETION
HAS NOT BEEN OBT A[NED
73830920002
1134 MILANO DRIVE, NAPLES
CEPM20090008288
MICHAEL DE WITT
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LA WS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULA TIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
231 (12)(C) AND 22-231 (12)(D)
MISSING SOFFITS FROM ROOF, ALSO SOME OF THE WINDOWS ARE BOARDED UP
NOT ALLOWING PROPER [NGRESS AND EGRESS FROM THE STRUCTURE
63405280006
1072 GRANADA BLVD, NAPLES
CEPM20080008180
GRACIELA SUSI
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(103.11.2)
NO PROTECTIVE BARRIER SURROUNDING SWIMMING POOL.
49660105665
2130 MORNING SUN LANE
CEAU20090011940
KENNETH & PENNY ANN PRICE
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26( I 03.11.2)
NO FENCE OR POOL ENCLOSURE AROUND THE POOL
38223400006
6111 CEDAR TREE LANE, NAPLES
5
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEROW20090003650
ELMAR ROBERT APONTE & SYLVIA LOPEZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II,
DIVISION I, SECTION 110,31(A)
RIGHT OF WAY WAS ALTERED WITH NO PERMITS
36430480002
2921 53RD STREET SW, NAPLES
A. Motion to Amend Previously Issued Order:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VIII. CONSENT AGENDA
2007080702
JILL J. WEAVER AND HENRY TESNO
JOSEPH MUCHA
COLLIER COUNT ORDINANCE 2004-58, SECTION 6, SUBSECTION I AND 2, THE
PROPERTY MAINTENANCE ORDINANCE
NUMEROUS INTERNAL AND EXTERNAL MINIMUM HOUSING VIOLATIONS
RESULTING FROM THE SHUT OFF OF WATER TO THE MOBILE HOME, AS
DESCRIBED IN THE PROPERTY MAINTENANCE INSPECTION REPORT.
53352720001
3069 LUNAR STREET
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: February 19, 2010 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiamj Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
6
February 5, 2010
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, 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: 9:30 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
. Agenda #1, Case #SO 172140 - CEEX 20100000102 - BCC vs. Sondra
Schubiner
. Agenda #3, Case #SO 166111 - CEEX 20090019344 - BCC vs. Mae Porter
. Agenda #5, Case #SO 167671 - CEEX 20090019561 - BCC vs. Gail Turner
. Agenda #7, Case #DAS 12085 - CEEX 20100000141 - BCC vs. Francine
Judith Parkes
. Agenda #8, Case #DAS 12086 - CEEX 20100000142 - BCC vs. Francine
Judith Parkes
. Agenda #9, Case #DAS 12087 - CEEX 21010000143 - BCC vs. Francine
Judith Parkes
. Agenda #10, Case #DAS 12088 - CEEX 20100000144 - BCC vs. Francine
Judith Parkes
. Agenda #12, Case #CENA 20090015742 - BCC vs. Jose & Oscar Tellez
. Agenda #13, Case #CESD 20090010105 - BCC vs. David & Pansy Dempsey
. Agenda #14, Case #CESD 20090010614 - BCC vs. Benito Barnhart
. Agenda #15, Case #CESD 20090010185 - BCC vs. Lorenzo Martinez
. Agenda #16, Case #CEV 20090019152 - BCC vs. Leo & Linda Armstrong
. Agenda #18, Case #CEPM 20090012058 - BCC vs. South Bay Association,
LLC c/o Robert Wolforth
. Agenda #19, Case #CEPM 20090012479 - BCC vs. Kenneth Moss, Sr.
and Tommie Moss
(b) Under Item VI (A), "Motion for Imposition of Fines," the following case was
WITHDRAWN by the County:
. Agenda #2, Case #CEPM 20090008288 - BCC vs. Michael De Witt
The Special Magistrate approved the Agenda as amended, subject to changes made
2
February 5, 2010
during the course of the Hearing at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES -January 15, 2010
The Minutes of the Special Magistrate Hearing held on January 15, 2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines: None
V. PUBLIC HEARINGS
A. Stipulations: None
B. Hearings:
2. Case #SO 172406 - CEEX 20100000519 - BCC vs. Vilma Ha2ue
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Kenneth Robins was not present.
Violations: Code of Law & Ordinances, Section 130-67
Expired permit 08-19-09. Handicapped space
Violation address: Waterside Shops, across from Silver Spoon
The Respondent resides at 5875 Cobblestone Lane, D-205, Naples, Florida 34112.
The Respondent requested dismissal ofthc violation due to the absence of the Officer.
The Special Magistrate GRANTED the Respondent's Motion and DISMISSED the
violation.
4. Case #SO 165310 - CEEX 20100000581 - BCC vs. Anasticia Cambo
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Stephan Leoni was not present.
Violations: Code of Law & Ordinances, Section 130-66
County right of way
Violation address: Golden Gate Parkway & 52',J Terrace SW
The Respondent resides at 7525 Stoneybrook Drive, Unit 937, Naples, Florida.
The Respondent requested dismissal of the violation due to the absence of the Officer..
The Special Magistrate GRANTED the Respondent's Motion and DISMISSED the
violation.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
3
---_--..-~~_..,"'~-_._.-..,~._~----_...... _..~-_.._.,.,_.._-'"---
February 5, 2010
1. Case #CESD 20090005170 - BCC vs. Jav Dee Staton
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was also present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section(s) 1O.02.06(B)(1 )(A), 10.02.06(B)(I)(E), and
1 0.02.06(B)(1 )(E)(l)
Permit # 2001 051852 for a "convenience permit - shinglc re-roof' that
was issued on 5-21-01 and expired on 11-17-01. Certificate of
Completion has not been obtained
Folio No: 73830920002
Violation address: 1134 Milano Drive, Naples
The Respondent resides at 1134 Milano Drive, Naples, Florida.
Investigator Musse stated the violation was abated and the previously assessed
Operational Costs of $112.42 were paid.
The County requested to impose fines in the total amount of $200.00 lor the period
from January 5,2010 through January 6,2010 (2 days at $100/day).
The Respondent stated he was unaware the Contractor had not applied for the
Certificate of Completion. Due to the Contractor's negligence, the Respondent paid
an additional $1,300 to obtain an after-the-fact permit. He requested dismissal of the
fines.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
3. Case #CEPM 20080008180 - BCC vs. Graciela Susi
The County was represented by Code Enforcement Investigator Ron Martindale.
The Respondent was also 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 Respondent resides at 2130 Morning Sun Lane, Naples, Florida.
Investigator Martindale stated Part "B" of the Order issued on October 2,2009,
installation of a temporary barrier, was abated on November 5, 2009, but Part "C,"
installation of a permanent barrier, has not been abated.
4
February 5, 2010
The County requested to impose fines in the amount of $5,400 for the period from
October 10, 2009 through Novcmber 5,2009 (27 days @ $200/days) for Part "B,"
and fines in the amount of $13,000 for the period from December 3, 2009 through
February 5,2010 (65 days @$200/day), togethcr with the previously assessed
Operational Costs of $117.70, for a total amount of $18,517.70.
The Respondent stated she inadvertently missed the initial Hearing, was confused
concerning what constituted a "temporary barrier" and receivcd incorrect information
from Home Depot. She did install the con.ect temporary barrier by the deadline but
did not notify Code Enforcement to conduct an inspection. She is unemployed and
unable to a/ford to install a permanent barrier. The house is in Coreclosure because a
short-sale fell through. She requested dismissal of the fines since she complied with
the Order to the extent that she was able.
The Investigator noted the exposed pool is a Health, Safety and Wel fare issue and the
Respondent has not applied for a permit to install a permanent barrier.
Supervisor Waldron stated if a lien for fincs is filed against a property, a Bank will
abate the violations and the County will enter into a Settlement Agreement with the
Bank.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
but reduced the total amount due to $13,000 plus payment of the Operational Costs
of $117.70 and noted fines will continue to accrue.
5. Case #CEROW 20090003650 - BCC vs. Elmar Robert Aponte & Svlvia Lopez
The County was represented by Code Enforcement Investigator Renald Paul.
Respondent, E1mar Robert Aponte, was present.
Respondent, Sylvia Lopez, was represented by her daughter, Jessica Aguirre.
Violations: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Division 1, Section 110.31(A)
Right of way was altered with no permits
Folio No: 36430480002
Violation address: 2921 53cd Street SW, Naples
The Respondents are divorced and Ms. Aguirre stated she had permission to represent
her mother.
Investigator Paul stated the violation has been abated and thc previously assessed
Operational Costs of $117.78 have been paid.
The County requested to impose fines in the total amount of $4,400 for the period
from October 22, 2009 through November 12,2009 (22 days @ $200/day).
Ms. Aguirre stated she was involved in an accident while pregnant and her father
cared for her and her two-year old son. They forgot to call Code Enforcement after
5
___""_,_,,,_,,_~__"""~~____~'_"""_'__~__ 0__ ,_"~___ ~___.".~_~_.___,.~~~.~.__""__"""'_.
...."~_..__.,_._._.z<.~,..,._,..,~_,_,._,_.~,~.~_____._.__,"_,___~_..___.. --__
February 5, 2010
the work was completed due to the emergency situation and the birth of her son in
October. She requested dismissal of the fines.
The Investigator stated the County would not object to dismissal of fines.
The Special Magistrate noted there was compliance.
The Special Magistrate DENIED the County's Motion for Imposition of Fines due
to mitigating circumstances.
V. PUBLIC HEARINGS
B. Hearings:
6. Case #PU 4508 - CEEX 20100000153 - BCC vs. Ramiro & Martha Llerena
The Hearing was requested by Collier County Public Utilities Investigator Tonya
Phillips who was represented by Senior Investigator Ray Addison.
The Respondents were not present.
Violations: Ordinance 2005-54, Section 19E(2, 3, and 4)
No commercial solid waste collection service. Customer previously
issued Notice ofYio1ation Citation numbers 4506 & 4507. Customer
still in violation. Health, Safely, Welfare issue.
Folio No: 62250520006
Violation address: 11375 Tamiami Trail East
The Notice of Hearing was sent via Certified Mail on January 25, 2010 and notice
was left at the above address on January 27,2010.
Investigator Addison stated Citations were issued on December 30, 2009 and
December 31, 2009. The restaurant is no longer in business and the building is
vacant. 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 pay fines in the amount of$200
and an administrativefee of $5. 00 on or before March 5, 20W.
The Respondents were 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 March5, 2010.
Total Amount Due: $255.00
RECESS: 10:34 AM
RECONVENED: 10:52 AM
(,
~,_'"__~_,_________'"__..____~_.____.,___._____,_~..____."_"__'~'_'>~~M'____'~"__"""""_'~'___"''''''''_''~_''~____~__''_-~,-~"..._~-~-,-~-'-"- "" "- _-._,,-._._.-.-._~'-~-~
February 5, 2010
11. Case #CEPM 20090017256 - BCC vs. Ulises Puentes, Platinum Home
Investment Corp.
The Hearing was requested by Collier County Code Enforcement Investigator Ralph
Bosa who was present.
The Respondent was not present.
Violations: Collier County Ord. 2004-58, Sec. 12;
Hazardous & dangerous building
Folio No: 40352480008
Violation address: 3231 18th Avenue NE, Naples
The Notice of Hearing was posted at the property and the Courthouse on January 22,
2010.
Investigator Bosa stated the Collier County Building Department declared the house
was dangerous on November 16, 2009. He introduced two photographs of the fire-
damaged structure which were marked as County's Composite Exhibit "A" and
admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
G UIL TY of the alleged violation and ordered to apply for and obtain either a
Collier County Building Permit to repair the damage, or a Demolition Permit to
remove the structure, all required inspections and a Certificate of Completion on
or before February 12, 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.
lfnecessary, 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 o.fthis case in the amount of $112.62 on
or before March 5, 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: $112.62
** Supervisor Waldron stated the County WITHDREW Agenda #17, Case #CEPM
20090019294 - BCC vs. Senen Lugo.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. Case # CEAU 20090011940 - BCC vs. Kenneth & Pennv Ann Price
The County was represented by Code Enforcement Investigator Renald Paul.
7
February 5, 2010
The Respondents were 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 fence or pool enclosure around the pool
Folio No: 38223400006
Violation address: 6111 Cedar Tree Lane, Naples
The Notice of Hearing was posted at the property and the Courthouse on January 25,
2010.
Investigator Paul stated the previously assessed Operational Costs of $117.78 have
been paid but the violation has not been abated.
The County requested to impose fines in the total amount of $6,200 for the period from
December 6, 2009 through February 5, 2010 (62 days @ $1 OO/day).
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$6,200 and noted fines will continue to accrue,
C. Emergency Cases: None
VII. OLD BUSINESS:
A. Motion to Amend Previously Issued Order
1. Case #2007080702 - BCC vs. Jill J. Weaver and Henrv Tesno
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joseph Mucha who was present.
The Respondents were not present.
Violations: Collier County Ordinance 2004-58, Section 6, Subsection 1 and 2, the
Property Maintenance Ordinance
Numerous internal and external Minimum Housing Violations resulting
from the shut off of water to the mobile home, as described in the
Property Maintenance Inspeclion Report.
Folio No: 53352720001
Violation address: 3069 Lunar Street
The County requested to amend a previously issued Order to include additional
options, i.e., to either restore water service to the mobile home, or vacate the
occupants from the premises until the water service has been restored.
Investigator Mucha stated the Respondents sold the mobile homc to a new owner but
the property is still being fined $500 per day.
The Special Magistrate GRANTED the County's Oral Motion.
8
February 5, 2010
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 cited ill the Executive Summary and
GRANTED the County's Request.
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 ill the Executive Summary alld
GRANTED the Countv 's Request.
IX, REPORTS:
NOlle
X. NEXT HEARING DATE - February 19, 2010, at 9:00 AM, located at the Collier
Coullty Governmellt Center, Administrative Buildillg "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
There being no further business for the good of the County, the Hearing was
adjourned by Order of the Special Magistrate at 11 :10 AM,
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
9