CESM Minutes 03/05/2010
March 5, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 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 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:
March 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. APPROV AL OF MINUTES - February 19,2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
S0162753 - CEEX20100001700
ROBERT PATTERSON
DEPUTY CASTINEIRA #2994
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED LOADING ZONE
VIOLA TION
ADDRESS:
2450 VANDERBILT BEACH ROAD
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PR043474 - CEEX20100000807
PATRICIA BOOTH
PARK RANGERCINDE KAVAN #5518
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLA TION
ADDRESS:
MARCO SOUTH ACCESS
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
PR044060-CEEX20100002017
JOAN RAE SCHNEITER
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC. 130-66
EXPIRED METER
NORTH GULFSHORE ACCESS
PRB000603 - CEEX20100001762
RONALD HAGERMAN
P ARK RANGER ROGER RIECK
CODE OF LAW & ORD. 76-48 SECTION 246-28-B-7
DOG IN THE PARK INSIDE VEHICLE. REFUSED TO REMOVE DOG WHEN ASKED
PARK
CEPM20090017229
PALM LAKE LLC
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SECTION 22-
231, SUBS. 4, 8,9, 121, 12K, 120, 12P, 19AND20
MOBILE HOME BEING USED FOR RENTAL PURPOSES THAT IS MAINTAINED IN
POOR CONDITION
61842240009
3 131 T AMIAMI TRAIL, #3
CEPM20100000031
ZONIA LAMBERT TR.
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (2)
DWELLING THAT IS BEING OCCUPIED WITH CITY OF NAPLES WATER AND SEWER
CONNECTIONS SHUT OFF. THE OCCUPANTS OF THE DWELLING ARE USING
UNAPPROVED WELL WATER SYSTEM.
74413960006
3450 CHEROKEE STREET
2
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV20090004289
STAN & NANCY SPENCE
INVESTIGATOR PATRICK BALDWIN
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.01.00(A); UNLICENSED JEEP ON RESIDENTIALLY ZONED PROPERTY
00740240007
139 ANDREA LANE, NAPLES
CESD200900 1 0144
MARIO & YURIDIA ROJAS
INVESTIGATOR WELDON WALKER JR.
BUILDING AND LAND AL TERA TION PERMITS. COLLIER COUNTY LAND
DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION 10.02.06(B)(1)(A)
SHED ON LEFT REAR SIDE OF PROPERTY NOT PERMITTED
51040320003
1208 TYLER AVENUE, IMMOKALEE
CENA20090014230
EDUARDO & MARIA RODRIGUEZ
INVESTIGA TOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION(S) 54-179 & 54-181; LITTER CONSISTING OF BUT NOT LIMITED TO:
DILAPIDATED WOODEN SHED, BOTTLES, CANS, TIRES, JACKS, GAS CANS AND
MECHANICAL TOOLS ALL STORED OUTSIDE OF RESIDENTIAL ZONED PROPERTY
22670600009
3600 POPLAR WAY, NAPLES
CEPM20090015533
JEAN CLAUDE MARTEL
INVESTIGATOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231, SUBSECTIONS 1 AND 2; NO WATER IN OCCUPIED DWELLING UNIT
61839320000
3190 KAREN DRIVE
CEV200900 13006
JEAN-JOSEPH BEAUHARNAIS
INVESTIGA TOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.01.00(A)
PARKING AND STORAGE OF VEHICLES WITHOUT CURRENT LICENSE PLATES.
00125000008
304 COLORADO AVENUE, IMMOKALEE
3
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
A. Motion to Recind Previously Issued Order:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
CEV20090013007
JEAN-JOSEPH BEAUHARNAIS
INVESTIGA TOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.01.00(B)(3); COMMERCIAL VEHICLES OR COMMERCIAL EQUIPMENT PARKED IN A
RESIDENTIAL ZONING AREA
00125000008
304 COLORADO A VENUE, IMMOKALEE
CENA20090013008
JEAN-JOSEPH BEAUHARNAIS
INVESTIGA TOR ED MORAD
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181
UNAUTHORIZED ACCUMULATION OF LITTER UPON IMPROVED PROPERTY IN A
RESIDENTIAL ZONED DISTRICT.
00125000008
304 COLORADO A VENUE, IMMOKALEE
2007060546
LETICIA F. COVELLA
CARMELO GOMEZ
COLLIER COUNTY ORDINANCE 2004-58, SECTION 7(2), THE RENTAL REGISTRATION
ORDINANCE; FAILING TO REGISTER RENTAL PROPERTY WITH THE COUNTY
36010600008
4748 32ND AVENUE SW, NAPLES
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: March 17,2010 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
4
March 5, 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: 9:10 AM
RECONVENED: 9:21 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
County:
. Agenda #6, Case #CEPM 20100000031- BCC vs. Zonia Lambert Tr.
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County:
. Agenda #1, Case #SO 162753 - CEEX 20100001700 - BCC vs. Robert
Patterson
. Agenda #2, Case #PR 043474 - CEEX 20100000807 - BCC vs. Patricia
Booth
. Agenda #3, Case #PR 044060 - CEEX20100002017 - BCC vs. Joan Rae
Schneiter
. Agenda #4, Case #PRB 000603 - CEEX20100001762 BCC vs. Ronald
Hagerman
(c) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
WITHDRAWN by the County:
. Agenda #3, Case #CENA 20090014230 - BCC vs. Eduardo & Maria
Rodriguez
. Agenda #5, Case #CEV 20090013006 - BCC vs. Jean-Joseph
Beauharnais
. Agenda #6, Case #CEV 20090013007 - BCC vs. Jean-Joseph
Beauharnais
. Agenda #7, Case #CENA 20090013008 - BCC vs. Jean-Joseph
Beauharnais
(d) Under Item X, "Next Meeting Date," the date was changed from March 17,
2010 to April 2, 2010.
2
March 5, 2010
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 19, 2010
The Minutes of the Special Magistrate Hearing held on February 19,2010 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
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case # CESD 20090010144 - BCC vs. Mario & Yuridia Roias
The County was represented by Collier County Code Enforcement Supervisor
Kitchell Snow.
Respondent, Mario Rojas, was present and represented his wife, Yuridia Rojas.
Violations: Building and Land Alteration Permits. Collier County Land
Development Code 2004-41, as amended, Section 10.02.06(B)(I)(A)
Shed on left rear side of property not permitted
Folio No: 51040320003
Violation address: 1208 Tyler Avenue, Immokalee
The Respondent stated he had permission to represent his wife and they reside at
1208 Tyler Avenue, Immokalee, Florida 34142.
Supervisor Snow stated the violation was abated as of December 14,2009.
Fines have accrued at the rate of $150 per day for the period from December 6, 2009
through December 14,2009 (9 days) for a total fine amount of$I,350.00.
Previously assessed Operational Costs of$117.70 have been paid.
The total amount to date is $1,350.00.
The Respondent stated the demolition of the shed was completed on December 5,
2009 which was a Saturday. He was unable to obtain a 3-digit code to request a final
inspection which is required under the Permit.
3
March 5, 2010
Supervisor Snow confirmed there was a delay in conducting the inspection, and stated
the Respondents worked diligently to obtain the Permit and correct the violation.
The Special Magistrate DENIED the County's Motion for Imposition of Fines due
to compliance.
4. Case #CEPM 20090015533 - BCC vs. Jean Claude Martel
The County was represented by Code Enforcement Investigator Thomas Keegan.
The Respondent was present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Sections 22-231, Subsections 1 and 2
No water in occupied dwelling unit
Folio No: 61839320000
Violation address: 3190 Karen Drive
The Respondent resides at 3190 Karen Drive, Naples, Florida.
Investigator Keegan stated the violation was abated as of October 6,2009.
Previously assessed Operational Costs of$117.96 have not been paid.
The total amount due to date is $117.96.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines.
The Special Magistrate explained to the Respondent the County will not begin
foreclosure proceedings for approximately 90 days and encouraged him to pay the
Operational Costs within that time frame.
V. PUBLIC HEARINGS
B. Hearings:
5. Case #CEPM 20090017229 - BCC vs. Palm Lake. LLC
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joe Mucha who was present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI,
Section 22-231, Subs. 4, 8, 9, 121, 12K, 120, 12P, 19 and 20
Mobile home being used for rental purposes that is maintained in poor
condition
Folio No: 61842240009
Violation address: 3131 Tamiami Trail, Lot #3, Naples, Florida 34112
The Notice of Hearing sent via Certified Mail and delivered to the Respondent on
4
March 5,2010
February 26,2010.
Investigator Mucha introduced the following photographs which were admitted into
evidence:
. County's Composite "A" - 21 photographs taken on November 6,2009
. County's Composite "B" - 3 photographs taken on March 4,2010
He explained the Respondent, Palm Lake, LLC, owns the land, but the structure is
owned by Mr. Martinez who is unemployed and unable to make repairs. The
violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to hire a licensed General Contractor
to apply for and obtain either a Collier County Building Permit to repair the
damage cited in the Residential Property Maintenance Inspection Report dated
November 6, 2009, or a Collier County Demolition Permit to remove the structure,
together with all required inspections and a Certificate of Completion on or before
June 5,2010, or afine of $250. 00 per day will be imposedfor each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the 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. 91 on
or before April 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: $112.91
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # CEV 20090004289 - BCC vs. Stan & Nancv Spence
The County was represented by Code Enforcement Investigator Patrick Baldwin.
The Respondents were not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A);
Unlicensed jeep on residentially zoned property
Folio No: 00740240007
Violation address: 139 Andrea Lane, Naples
5
March 5, 2010
The Notice of Hearing was personally served on the Respondent, Stan Spence, on
February 22,2010.
Investigator Baldwin stated the violation has not been abated as of March 5, 2010.
Fines have accrued at the rate of $50 per day for the period from December 6, 2009
through March 5, 2010 (90 days) for a total fine amount of $4,500.00.
Fines will continue to accrue until abatement.
Previously assessed Operational Costs of$117.61 have not been paid.
The total amount due to date is $4,617.61
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $4, 617. 61 and noted fines will continue to accrue.
C. Emergency Cases:
None
VII. OLD BUSINESS:
A. Motion to Rescind Previously Issued Order
1. Case #2007060546 - BCC vs. Leticia F. Covella
Violation: Collier County Ordinance 2004-58, Section 7(2), Rental Registration
Ordinance
Failing to register rental property with the County
Folio No.: 36010600008
Violation Address: 4748 32nd Avenue SW, Naples, Florida
Supervisor Waldron stated the case had been brought forward in error because rental
registration was not necessary.
The Special Magistrate GRANTED the County's Motion to Rescind.
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 in 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.
6
March 5, 2010
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
IX. REPORTS:
None
X. NEXT HEARING DATE: March 17, 2010** at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 East
Tamiami Trail, Naples, Florida.
NOTE: ** The Hearing Date was changed to April 2, 2010 (as amended under Item II,
"Approval of Agenda. "
There being no further business for the good of the County, the Hearing was
adjourned by Order of the Special Magistrate at 10:11 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
7