CESM Minutes 02/19/2010
February 19, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 19,2010
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 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:
LOCATION:
February 19,2010 at 9:00 A.M.
Collier Couuty Governmeut 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.
J. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - February 5,2010
IV. MOTIONS
A. Motion for Reduction! Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
S0172140-CEEX20 I 00000 I 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:
VIOLATIONS:
S0168259-CEEX20090017150
OLAF CHRISTOPH
DEPUTY KELLER # 242 I
CODE OF LAW & ORD., SEC. \30-67
HANDICAPPED SPACE; NO VISIBLE PERMIT
VIOLATION
ADDRESS:
WATERSIDE BARNES & NOBLE, 5377 TAMIAMI TRAIL NORTH
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
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:
S0168212-CEEX20100001669
CHARLES KEEFE
DEPUTY KELLER # 242 I
CODE OF LAW & ORD., SEC. 130-67; HANDICAPPED SPACE;
EXPIRATION DATE NOT VISIBLE
PA VILION, 817 VANDERBILT DRIVE
PR043587-CEEX20100000414
TODD KaTZEN
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC. 130-66
UNAUTHORIZED OVERNIGHT PARKING AFTER POSTED CLOSING HOURS
GOLDEN GATE COMMUNITY PARK
PRB000778-CEEX20 100000839
KELLY THURNER
PARK RANGER CYNTHIA GAYNOR
ORD. 76-48, SECTION 98-58(A)(7); BLASPHEMOUS LANGUAGE TO AN OFFICER
NOT PROVIDED BY OFFICER
CEPM20090010630
JAMES & STACEY LYLE
CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-23 I (15)
POOL STAGNANT AND NOT PRO PERL Y MAINTAINED
23945052608
20 NEWBURY PLACE
CEROW20090016239
TIMOTHY & BEATRICE FRANK
REGGIE SMITH
COLLIER COUNTY CODE OF LA WS & ORD, CHAPTER I 10 ROADS AND BRIDGES,
ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION
I 10-31(A); FICUS BUSHES PLANTED IN RIGHT-OF-WAY
52953400006
2308 KINGS LAKE BLVD
CEPM20090016303
MARCELLA ROBLES
RENALD PAUL
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15)
POOL IS GREEN AND STAGNANT, NEEDS TO BE CLEANED
36119400002
4979 18TH COURT SW
2
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CENA20090010475
DAVID & JUANA CARRILLO
WELDON WALKER JR.
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181
LITTER THROUGHOUT PROPERTY
51040120009
1207 IMMOKALEE DRIVE
CEV20090004877
ELSA LAY
JOSE LUIS CANO JR.
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 I.OO(A)
THREE VEHICLES THAT DO NOT HA VE PROPER TAGS
35648040002
4400 23RD PLACE SW
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:
CENA20090000707
HUMBERTO & ALICIA BARCO
INVESTIGATOR RALPH BOSA
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181
LITTER CONSISTING OF BUT NOT LIMITED TO; TIRES, METAL CAR PARTS, 50
GALLON METAL DRUMS, ETC.
38968600006
2821 54TH AVENUE NE, NAPLES
CEPM20090011813
CRYSTAL PEPPER
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LA WS & ORDINANCES CHAPTER 22, BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231 (15)
POOL WITH GREEN WATER - ALGAE
33140012763
3850 RECREATION LANE, NAPLES
3
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:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090008287
ELEAZAR & MARIA RANGEL
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 9, 12C, AND 121
VACANT MOBILE HOME WITH BROKEN WINDOWS AND EXTERIOR ELECTRICAL
OUTLET THAT NEEDS REPAIR, AND DETACHED GARAGE WITH ROOF DAMAGE
00765040004
17051 LOCKHART DRIVE, NAPLES
CEPM20090004038
DEUTSCHE BANK NATIONAL TRUST COMPANY C/O KASS, SHULER, SOLOMON,
SPECTOR, FOYLE & SINGER, P.A.
INVESTIGATOR HEINZ BOX
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231(15)
UNMAINT AINED SWIMMING POOL
67230080008
6664 TRAIL BLVD
CEPM20090008288
MICHAEL DE WITT
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, 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 INGRESS AND EGRESS FROM THE STRUCTURE
63405280006
1072 GRANADA BLVD, NAPLES
CESD20080013392
MIRAMAR BEACH & TENNIS CLUB INC.
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED,
SEC(S).10.02.06(B)(I)(A), 10.02.06(B)(1)(E) & IO.02.06(B)(1)(E)(I)
PERMIT #920004509 FOR A BOARDW ALK WAS ISSUED ON APRIL 16, 1992 AND
EXPIRED ON OCTOBER 16,1992 WITHOUT OBTAINING CERTIFICATION OF
COMPLETION.
54755120753
105 SHELL DRIVE BONITA SPRINGS
4
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
CEPM20080006103
BERTHA A. HALL ET AL
INVESTIGATOR WELDON WALKER JR.
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231 (12)(A)(B)(C)(F)(I)(P)
BROKEN/CRACKED WINDOWS; UNSAFE PORCH/STAIRS/RAILINGS; ROOF
DAMAGE/SLOPING/LEAKING; FLOOR SUNK IN; BUILDING SHIFTING/LEANING
56402800001
103 EUSTIS STREET, IMMOKALEE
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: March 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
5
February 19, 2010
I. CALL TO ORDER
The Hearing was called to order at 9:01 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: 9:16 AM
RECONVENED: 9:34 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 #9, Case #CENA 20090010475 - BCC vs. David & Juana Carrillo
. Agenda #10, Case #CEV 20090004877 - BCC vs. Elsa Lay
. Agenda #8, Case #CEPM 20090016303 - BCC vs. Marcella Robles
(b) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
County:
. Agenda #7, Case #CEROW 20090016239 - BCC vs. Timothy &
Beatrice Frank
(c) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County:
. Agenda #4, Case #PR 043587 - CEEX 20100000414 - BCC vs. Todd
Kotzen
. Agenda #5, Case #PRB 000778 - CEEX20100000839 - BCC vs. Kelly
Thurner
(d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
WITHDRAWN by the County:
. Agenda #2, Case #CEPM 20090011813 - BCC vs. Crystal Pepper
. Agenda #7, Case #CEPM 20080006103 - BCC vs. Bertha A. Hall, et a1
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 - February 5, 2010
The Minutes of the Special Magistrate Hearing held on February 5, 2010 were
reviewed by the Special Magistrate and approved as submitted.
2
February 19, 2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines: None
V. PUBLIC HEARINGS
A. Stipulations:
9. Case #CENA 20090010475 - BCC vs. David & Juana Carrillo
The Hearing was requested by Collier County Code Enforcement Investigator
Weldon Walker, Jr., who was present.
The Respondents were not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181
Litter throughout property
Folio No: 51040120009
Violation address: 1207 Immoka1ee Drive
A Stipulation was entered into by the Respondents on February 12,2010.
Investigator Weldon 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 remove all litter to an appropriate
waste disposal facility on or before February 26,2010, 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 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 $112.47 on
or before March 19, 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: $112.47
10. Case #CEV 20090004877 - BCC vs. Elsa Lav
The Hearing was requested by Collier County Code Enforcement Investigator Jose
Luis Cano, Jr., who was present.
The Respondent was represented by Hans Lay, her son.
3
February 19, 2010
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Three vehicles that do not have proper tags
Folio No: 35648040002
Violation address: 4400 23rd Place SW
Mr. Lay stated he resides at 4400 23rd Place SW, Naples, Florida 34116 and was
authorized by the Respondent to appear on her behalf. He provided a notarized letter
of permission to Code Enforcement.
A Stipulation was entered into by Hans Lay on February 19,2010 on behaifofthe
Respondent, Elsa Lay.
The Investigator stated the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either make the vehicles operable
and affIX valid license plates to each vehicle, or store the vehicles in an enclosed
structure, or remove the vehicles from the property on or before March 19, 2010,
or afine of$50.00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$112.38 on
or before March 19, 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: $112.38
8. Case #CEPM 20090016303 - BCC vs. Marcella Robles
The Hearing was requested by Collier County Code Enforcement Investigator Rena1d
Paul who was present.
The Respondent was also present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and
Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Pool is green and stagnant, needs to be cleaned
Folio No: 36119400002
Violation address: 4979 18th Court SW
4
February 19, 2010
The Respondent resides at 2269 52nd Lane SW, Naples, Florida 34116.
A Stipulation was entered into by the Respondent on February 19, 2010.
Investigator Paul stated the Operational Costs of$1l2.73 have been paid.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either clean and treat the pool
water to kill the algae growth 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 March 6, 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 requestedfrom the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
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.
The Respondent stated the property will be sold as a "short sale," and acknowledged
her responsibility to clean the pool.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # CENA 20090000707 - BCC vs. Humberto & Alicia Barco
The County was represented by Collier County Code Enforcement Supervisor
Cristina Perez.
Respondent, Alicia Barco, was present and represented her husband, Humberto Barco.
Sharon Barco, the Respondent's daughter, served as translator.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181
Litter consisting of, but not limited to, tires, metal car parts, 50 gallon
metal drums, etc.
Folio No: 38968600006
Violation address: 2821 54th Avenue NE, Naples
The Respondent stated she has permission to represent her husband.
Supervisor Perez stated the violation was abated as of November 2,2009.
5
February 19, 2010
Fines have accrued at the rate of $1 00 per day for the period from October 10, 2009
through November 2, 2009 (24 days) for a total fine amount of $2,400.00.
Previously assessed Operational Costs of $117.17 have been paid.
The total amount to date is $2,400.00.
The Respondent stated there were heavy metal pieces which she could not remove
without assistance. The Respondent's husband had recently undergone surgery and
could not help, and the Respondent's son was out of town. The Respondents sent a
letter to Code Enforcement asking for an extension oftime to comply. They called
several times and left messages when the work had been completed, but did not
receive a response to their calls.
Supervisor Perez confirmed the Respondents sent letters as stated and verified the
metal pieces were too heavy to be removed by Mrs. Barco or her daughter.
The Special Magistrate DENIED the County's Motion for Imposition of Fines due
to compliance and mitigating circumstances.
4. Case #CEPM 20090004038 - BCC vs. Deutsche Bank National Trust
Companv c/o Kass, Shuler, Solomon, Spector, Fov1e & Sineer, P.A.
The County was represented by Code Enforcement Investigator Heinz Box.
The Respondent was represented by Carter Wheeler.
Violations: Collier County Code of Laws & Ordinances, Chapter 22 Buildings and
Building Regulations, Article VI, Property Maintenance Code,
Section 22-231(15)
Unmaintained swimming pool
Folio No: 67230080008
Violation Address: 6664 Trail Blvd
The Special Magistrate noted Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A.
is a law firm and not a party to the action.
Mr. Wheeler resides at 630 Palm Circle East, Naples, Florida 34102 and is employed
by Amerivest Realty which represents Bank of America. Bank of American services
mortgages for Deutsche Bank.
Investigator Box stated the County abated the violation as of December 8, 2009.
Fines have accrued at the rate of $100 per day for the period from October 10, 2009
through December 8, 2009 (60 days) for a total fine amount of $6,000.00.
Previously assessed Operational Costs of $117.61 have been paid, and abatement
costs in the amount of$I,200 have been paid.
The total amount to date is $6,000.00.
Mr. Wheeler stated the Bank was requesting to waive the fines since it did not own
6
February 19, 2010
the property when the violation occurred, and abatement by the County occurred
before the Bank was involved.
Investigator Box stated the County would not object.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
5. Case #CEPM 20090008288 - BCC vs. Michael DeWitt
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22 Buildings
and Building Regulations, 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 ingress and egress from the structure
Folio No: 63405280006
Violation address: 1072 Granada Blvd, Naples
The Respondent resides at 1072 Granada Blvd., Naples, Florida 34103.
Investigator Musse stated the violation was abated as of January 19, 2010.
Fines have accrued at the rate of$200 per day for the period from December 19, 2009
through January 19,2010 (32 days) for a total fine amount of $6,400.00.
Previously assessed Operational Costs of $112.29 have been paid.
The total amount to date is $6,400.00.
The Respondent stated he left the previous Hearing before his case was heard because
he was ill and suffered a heart attack on December 16, 2009. He hired help but they
were not reliable and he could not perform the work himself. He requested to waive
the fines.
The Investigator stated the County would not object.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
6. Case #CESD 20080013392 - BCC vs. MiraIDar Beach & Tennis Club, Inc.
The County was represented by Investigator Jonathan Musse.
The Respondent was represented by Benjamin Heatherington, General Manager.
Frank Gore, III, appeared as a witness.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec(s).1 0.02.06(B)(1 )(A), 1 0.02.06(B)(1 )(E) & 1 0.02.06(B)(1 )(E)(I)
Permit #920004509 for a boardwalk was issued on Apri116, 1992 and
expired on October 16, 1992 without obtaining Certificate of Completion.
Folio No: 54755120753
7
February 19, 2010
Violation address: 105 Shell Drive, Bonita Springs
Mr. Heatherington resides at 16263 Ravina Way, Naples, Florida 34110.
Mr. Gore resides at 4838 Gary Road, Bonita Springs, Florida 34135, and is the Sales
Manager for Nelson Marine Construction Company.
Investigator Musse stated the Respondent was granted an Extension of Time to
Comply on May 15, 2009.
The violation has not been abated as of February 19, 2010.
Fines have accrued at the rate of$100 per day for the period from December 19, 2009
through February 19, 2010 (63 days) for a total fine amount of$6,300.00.
Fines continue to accrue until abatement.
Previously assessed Operational Costs of $117.70 have been paid.
The total amount to date is $6,300.00
Mr. Heatherington stated the Miramar Beach and Tennis Club hired Nelson Marine
Construction Company to install the boardwalk.
Mr. Gore stated there were several permitting agencies involved in the project
including the Department of Environmental Protection (HDEP"), the Army Corps. of
Engineers (HACOE") and the Bureau of Beaches and Shores. A condition of the
County was production of the original plans for the initial boardwalk (1992) which
were presumed lost unti11ater located by contacting the first contractor who agreed to
release his drawings. Collier County issued a Condition Permit and required Nelson
Marine to contact the Department of Beaches and Shores to verify their permitting
requirements. He has been informed by the Bureau of Beaches and Coastal Systems
(formerly Beaches and Shores) that a Field Permit will be issued within the next two
weeks. He stated as soon as the Permits are in place, the work will be completed by
March, 2010.
The Special Magistrate CONTINUED the case until April 16, 2010. Ifnecessary,
the Respondent may contact Code Enforcement to request an Extension of Time to
Comply.
V. PUBLIC HEARINGS
B. Hearings:
1. Case #SO 172140 - CEEX 20100000102 - BCC vs. Sondra Schubiner
The Hearing was requested by Collier County Sheriffs Office Deputy Kenneth
Robins who was present.
The Respondent was not present.
Violations: Code of Laws & Ordinances, Section 130-67
Parked blocking striped access. Handicapped space
Violation address: Vanderbilt Beach turn-a-round. Gu1fshore & Vanderbilt Beach
8
February 19, 2010
The Notice of Hearing was sent via Certified Mail on February 8, 2010 but was
returned to Code Enforcement as "undeliverable." The address was provided by the
Respondent on the Citation.
Deputy Robins stated the Respondent had not only illegally parked in a Handicapped
parking space, but her vehicle blocked access to the sidewalk. The Special Magisrate
requested Code Enforcement to continue its search to find a current address.
The Special Magistrate CONTINUED the case. Code Enforcement will reschedule
it.
2. Case #SO 168259 - CEEX 20090017150 - BCC vs. Olaf Christoph
The Hearing was requested by Collier County Sheriffs Office Deputy Keller who
was present.
The Respondent was not present.
Violations: Code of Law & Ord., Sec. 130-67
Handicapped space; no visible permit
Violation address: Waterside Barnes & Noble, 5377 Tarniarni Trail North
The Notice of Hearing was sent via Certified Mail on January 25,2010 to Germany.
The Special Magistrate suggested separating the address (Str. = street) and resending the
Notice.
The Special Magistrate CONTINUED the case. Code Enforcement will reschedule
it.
3. Case #SO 168212 - CEEX 20100001669 - BCC vs. Charles Keefe
The Hearing was requested by Collier County Sheriffs Office Deputy Keller who
was present.
The Respondent was not present.
Violations: Code of Law & Ord., Sec. 130-67
Handicapped space. Expiration date not visible
Violation address: Pavilion, 817 Vanderbilt Drive
The Notice of Hearing was sent via Certified Mail on February 8, 2010 and was
forwarded on February 18, 2010.
The Special Magistrate CONTINUED the case. Code Enforcement will reschedule
it.
RECESS: 10:43 AM
RECONVENED: 10:55 AM
9
February 19,2010
6. Case #CEPM 20090010630 - BCC vs. James & Stacey Lvle
The Hearing was requested by Collier County Code Enforcement Investigator
Carme10 Gomez who was present.
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)
Pool stagnant and not properly maintained
Folio No: 23945052608
Violation address: 20 Newbury Place
The Notice of Hearing was posted at the property and the Courthouse on February 8,
2010.
Investigator Gomez introduced three photographs of the pool which were marked as
County's Composite Exhibit "A" and admitted into evidence.
He stated the property is vacant, is in foreclosure, and a Lis Pendens has been filed.
He further stated the Bank of America refused to abate the violation.
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 kill the algae growth 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 March 1, 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 requestedfrom 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. 82 on
or before March 19, 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: $112.82
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
3. Case #CEPM 20090008287 - BCC vs. Eleazar & Maria Ranl!el
The County was represented by Code Enforcement Property Maintenance Specialist
Joe Mucha.
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February 19, 2010
The Respondents were not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 9, 12C, and 121
Vacant mobile home with broken windows and exterior electrical outlet
that needs repair, and detached garage with roof damage
Folio No: 00765040004
Violation address: 17051 Lockhart Drive, Naples
The Notice of Hearing was posted at the property and the Courthouse on February 8,
2010.
Investigator Mucha stated the violation has not been abated as of February 19, 2010.
Fines have accrued at the rate of$250 per day for the period from January 21, 2010
through February 19, 2010 (30 days) for a total fine amount of$7,500.00.
Fines will continue to accrue until abatement.
Previously assessed Operational Costs of$112.36 have not been paid.
The total amount to date is $7,612.36
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$7,612.36 and noted fines will continue to accrue.
C. Emergency Cases:
None
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.
IX. REPORTS:
None
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February 19, 2010
X. NEXT HEARING DATE - March 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 11 :09 AM.
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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