CESM Minutes 04/16/2010
April 16, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 16, 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: April 16, 2010 at 9:00 A.M.
LOCA TION: Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - April 2, 2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
PR04371 0-CEEX201 00002933
STEPHEN PINO
PARK RANGER CINDE KALAN
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO PROPERLY AFFIX BEACH STICKER
VIOLA TION
ADDRESS:
MARCO SOUTH ACCESS
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
PR042891-CEEX20100003829
BRY AN & SUZANNE STANLEY
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE; NO VISIBLE PERMIT
VIOLA TION
ADDRESS:
VINEYARDS PARK
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
PR042 1 72-CEEX201 00004140
DIANA HARTER
PARK RANGER MAURICIO ARAQUISTAIN #5525
CODE OF LAW & ORD., SEe. 130-66
PARKING IN AN UNAUTHORIZED PARKING AREA
BAREFOOT BEACH ACCESS
CEROW20090015230
ALAN MONTGOMERY C/O WENDY ENNIS-VOLCY ATTORNEY AT LAW
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 110, ARTICLE II, SECTION 110-
3I(A)
SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY WITH NO PERMIT
36239560000
5133 20TH COURT SW, NAPLES
CENA20090016574
JEFFREY MACASEVICH
INVESTIGATOR REGGIE SMITH
COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIRONMENT, ARTICLE VI,
WEEDS, LITTER, AND EXOTICS, SECTION 54- 181
LITTER/DEBRIS IN THE FORM OF BUT NOT LIMITED TO: GLASS SLIDING DOORS,
FRENCH DOORS, ALUMINUM PIECES, WOOD, TARP, PAINT CONTAINERS, METAL
PIPE, LADDER
53751280003
4469 LAKEWOOD BLVD
CEPM20090013174
JOSE & RAQUEL NUNEZ
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15)
PRIVATE SWIMMING POOL THAT IS NOT BEING MAINTAINED
35770000004
4517 17TH AVENUE SW
CEV20100002967
CHRISTOPHER SZCZEPKOWSKI
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A)
RECURRING ISSUE OF INOPERABLE VEHICLE PARKED IN THE DRIVEWAY
35769560005
1765 45TH TERRACE SW
2
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090015776
ALEXANDER & JOANKA DlAZ DOMINGUEZ
INVESTIGA TOR JON A THAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15) AND 22-231(12)(L)
POOL AREA IN DISREPAIR. ALSO GREEN WATER AND ITEMS IN WATER
62635080006
669 99TH A VENUE N
CEPM20100003246
RAUL & MARTHA REYES
INVESTIGA TOR THOMAS KEEGAN
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15) AND 22-231(12)(L)
VACANT HOME WITH POOL WATER IN GREEN, STAGNANT CONDITION AS WELL AS
TORN SCREENING ON POOL CAGE
79904127023
7893 UMBERTO COURT
CEV20090015983
TIMOTHY NELSON
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.01.00(A)
UNLICENSED BOAT TRAILER STORED IN REAR OF PROPERTY
22623200003
3461 VERITY LANE
CENA20090015974
TIMOTHY NELSON
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION(S) 54-179 & 54-181
LITTER ON PROPERTY CONSISTING OF BUT NOT LIMITED TO; PROPANE TANK, GAS
CANS, CHEMICAL CONTAINERS, PAINT BUCKETS, SPRAY CANS, TABLETOP,
PLASTIC TARP, COOLER, STACKS OF FLOORING TILE, BROOM, CLOTHING, GRILL,
PATIO CHAIRS, GENERAL TRASH SCATTERED THROUGHOUT
22623200003
3461 VERITY LANE
CEPM200900 15979
TIMOTHY NELSON
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231(12)(C), 22-231(12)(1), AND 22-243
DETERIORA TED FASCIA, UNFINISHED ROOFING WORK, UNSECURED SIDE DOOR
AND BROKEN WINDOWS ON VACANT HOME
22623200003
3461 VERITY LANE
3
13. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CESD20090015977
TIMOTHY NELSON
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
10.02.06(B)(1)(A) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1,
SECTION 105.1
UN-PERMITTED SCREEN PORCH AND UN-PERMITTED SHED ON PROPERTY
22623200003
3461 VERITY LANE
CEPM20090014601
CLIFFORD C. NEUSE
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
231(12)(L)
MISSING OR RIPPED SCREEN PANELS FROM THE LANAI
62840000004
511 103RD AVENUE N.
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20090010630
JAMES & STACEY LYLE
CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
POOL STAGNANT AND NOT PROPERL Y MAINTAINED
23945052608
20 NEWBURY PLACE
CEPM20090016303
MARCELLA ROBLES
RENALD PAUL
COLLIER COUNTY CODE OF LA WS & 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
4
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
VII. OLD BUSINESS
VIII. CONSENT AGENDA
CEPM20090001763
ROBERT CUSTER
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(19)
AN INFESTATION OF BEES LOCA TED UNDERNEATH THE REAR OF MOBILE HOME
68891160007
29 COVEY LANE, 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 Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: May 7, 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
April 16, 2010
I. CALL TO ORDER
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at
9:00 AM. All those testifying at the proceeding did so under oath.
A. Special Magistrate Garretson dispensed with the reading of the Rules, citing only
Code Enforcement Supervisors and Investigators were present and they were
familiar with the regulations.
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (B), "Hearings," the case number for Agenda #1 was corrected to
PR 043712 - CEEX 20100002933 - BCC vs. Stephen Pino
(b) Under Item V (B), "Hearings," the following case was DISMISSED at the
request of the Park Ranger:
. Agenda #2, Case #PR 042891 - CEEX20100003829 - BCC vs. Bryan &
Suzanne Stanley
(c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
. Agenda #3, Case #PR 042172 - CEEX20100004140 - BCC vs. Diana
Harter
. Agenda #4, Case #CEROW 20090015230 - BCC vs. Alan Montgomery
clo Wendy Ennis-Volcy, Attorney at Law
. Agenda #6, Case #CEPM 20090013174 - BCC vs. Jose & Raquel Nunez
. Agenda #7, Case #CEV 20100002967 - BCC vs. Christopher Szczepkowski
· Agenda #14, Case #CEPM 20090014601 - BCC vs. Clifford C. Neuse
(d) Under Item VI (A), "Motion/or Imposition 0/ Fines," the following case was
WITHDRA WN by the County:
· Agenda #2, Case #CEPM 20090016303 - BCC vs. Marcella Robles
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course o/the Hearing at the discretion o/the Special Magistrate.
III. APPROVAL OF MINUTES - April 2, 2010
The Minutes o/the Special Magistrate Hearing held on April 2, 2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Extension of Time: None
2
April 16, 2010
V. PUBLIC HEARINGS
A. Stipulations: None
B. Hearings:
1. Case #PR 043719 - CEEX 20100002933 - BCC vs. Stephen Pino
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cinde Kalan was present.
Violations: Code of Laws & Ord., Sec. 130-66
Failure to properly affix beach sticker
Violation address: Marco South Access
The Notice of Hearing was sent via Certified Mail on April 5, 2010 and notification
was left by the U.S. Postal Service on April 8, 2010.
The Park Ranger said the permit on the Respondent's vehicle was held in place by
tape and had also expired. She explained the Beach Parking Permit must be
permanently adhered to the bottom of the driver's side front windshield driver's side.
She introduced four photographs of the vehicle which were marked as County's
Composite Exhibit "A" and admitted into evidence.
The Special Magistrate stated the parking permit was not properly affixed to the
vehicle in violation of the Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and was ordered to pay afine of$30.00, and an
administrative fee of $5. 00.
The Respondent was also 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 May 16,2010.
Total Amount Due: $85.00
5. Case #CENA 20090016574 - BCC vs. Jeffrev Macasevich
The Hearing was requested by Collier County Code Enforcement Investigator Reggie
Smith who was present.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54 Environment, Article VI,
Weeds, Litter and Exotics, Section 54-181
Litterldebris in the form of, but not limited to, glass sliding doors, french
doors, aluminum pieces, wood, tarp, paint containers, metal pipe, ladder
Folio No: 53751280003
Violation address: 4469 Lakewood Blvd
3
April 16, 2010
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and notification
was left by the U.S. Postal Service on April 8, 2010. The property and the Court
house were posted on April 1, 2010.
Supervisor Waldron stated Code Enforcement received a letter on April 13, 2010
from the attorney representing the Respondent requesting a Continuance of 30 to 45
days because his client was convalescing and undergoing rehabilitative therapy. The
letter was not timely received.
The Special Magistrate asked if any Health, Safety, or Welfare issues were involved
in the case.
Investigator Smith stated there was none.
The Special Magistrate GRANTED the Respondent's Motion for a CONTINUANCE
and Code Enforcement would add the case to the appropriate June docket.
8. Case #CEPM 20090015776 - BCC vs. Alexander & Joanka Diaz Dominl!:uez
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231(15) and 22-231(12)(L)
Pool area in disrepair. Also green water and items in water
Folio No: 62635080006
Violation address: 669 99th Avenue N.
The Notice of Hearing was sent via Certified Mail on AprilS, 2010. The U.S. Postal
Service notified Code Enforcement the letter was "undeliverable" on April 8, 2010.
The property and the Courthouse were posted on April 1, 2010.
Investigator Musse introduced two photographs taken on February 22, 2010 which
were marked as County's Exhibit "A" and "B" and admitted into evidence.
He stated the violations have not been abated.
The Special Magistrate examined the photographs and noted the case included
Health, Safety, and Welfare issues.
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 clean pool
water, or to chemically treat the pool water and cover the pool pursuant to HUD
standards on or before April 26, 2010 or aflne 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.
4
April 16, 2010
The Respondents were further ordered to repair/replace the ripped or missing
screens from the windows and the pool enclosure, on or before April 26, 2010,
or afine of $200. 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 requestedfrom the Collier County Sheriffs 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 $112.64 on
or before May 16,2010.
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: $112.64
9. Case #CEPM 20100003246 - BCC vs. Raul & Martha Reves
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondents were not present.
Violations: Code of Law & Ordinances, Chapter 22, Article VI, Sections 22-231 (15)
and 22-231(12)(L)
Vacant home with pool water in green, stagnant condition as well as torn
screening on pool cage
Folio No: 79904127023
Violation address: 7893 Umberto Court
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and notification
was left by the U.S. Postal Service on April 10, 2010. The property and the Court
house were posted on April 1, 2010.
Investigator Keegan introduced two photographs of the pool on March 12, 2010
which were marked as County's Exhibits "A" and "B." The Notice of Violation was
faxed to the Respondents. He stated the violations have 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 clean pool
water, or to chemically treat the pool water and cover the pool pursuant to HUD
standards on or before April 26, 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.
5
April 16, 2010
The Respondents were further ordered to repair or replace torn screening from the
pool enclosure on or before April 26, 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.
If necessary, assistance may be requested from the Collier County Sheriffs 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. 91 on
or before May 16,2010.
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: $112.91
10. Case #CEV20090015983 - BCC vs. Timothy Nelson
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A)
Unlicensed boat trailer stored in rear of property
Folio No.: 22623200003
Violation Address: 3461 Verity Lane
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and was
forwarded by the U.S. Postal Service on April 8,2010. The property was posted on
April 2, 2010 and the Courthouse were posted on AprilS, 2010.
Investigator Sorrels introduced one photograph of the trailer which was marked as
County's Exhibit "A" and admitted into evidence. The photograph was taken by the
Foreclosure Team on October 6, 2009 as part of Code Enforcement's case file.
She 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 attach a current, valid tagfor the
trailer, or store it in a completely enclosed structure, or remove it from the
premises, on or before April 23, 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.
6
April 16, 2010
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the terms of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $112.56 on
or before May 16,2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.56
11. Case #CENA 20090015974 - BCC vs. Timothy Nelson
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 54, Article VI,
Section(s) 54-179 & 54-181
Litter on property consisting of but not limited to; propane tank, gas
cans, chemical containers, paint buckets, spray cans, tabletop, plastic
tarp, cooler, stacks of flooring tile, broom, clothing, grill, patio chairs,
general trash scattered throughout
Folio No: 22623200003
Violation address: 3461 Verity Lane
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and was
forwarded by the U.S. Postal Service on April 8, 2010. The property was posted on
April 2, 2010 and the Courthouse were posted on AprilS, 2010.
Investigator Sorrels introduced ten photographs of the premises which were marked
as County's Composite Exhibit "A" and admitted into evidence. The photographs
were taken by the Foreclosure Team on October 6, 2009 as part of Code
Enforcement's case file.
She stated the property is in Lis Pendens and a Certificate of Title has not been issued
to the Bank. 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 either remove all litter to an
appropriate waste disposal facility, or store desired items in a completely enclosed
structure, on or before April 23, 2010, or afine of $100. 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 Order.
7
April 16, 2010
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $112.64 on
or before May 16,2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator peiform a site inspection to confirm
compliance.
Total Amount Due: $112.64
12. Case #CEPM 20090015979 - BCC vs. Timothy Nelson
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Sections 22-231 (12)(C), 22-231 (12)(1), and 22-243
Deteriorated fascia, unfinished roofing work, unsecured side door and
broken windows on vacant home
Folio No: 22623200003
Violation address: 3461 Verity Lane
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and was
forwarded by the U.S. Postal Service on April 8,2010. The property was posted on
April 2, 2010 and the Courthouse were posted on AprilS, 2010.
Investigator Sorrels introduced seven photographs of the premises which were
marked as County's Composite Exhibit "A" and admitted into evidence. The
photographs were taken by the Foreclosure Team on October 6, 2009 as part of Code
Enforcement's case file. The property is in foreclosure and the Bank has not received
a Certificate of Title. The violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Occupancy/Completion, on or before June 16, 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.
The Respondent was further ordered to either secure all doors/windows and obtain
a Code Enforcement Boarding Certificate, or replace the locking mechanisms on
the doors and replace the broken windows on or before April 23, 2010 or afine of
$250 per day will be imposed for each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the terms of the Order.
8
April 16, 2010
The Respondent was 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 May 16,2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.82
13. Case #CESD 20090015977 - BCC vs. Timothy Nelson
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 1 0.02.06(B)(1 )(A) and Florida Building Code, 2007 Edition,
Chapter 1, Section 105.1
Un-permitted screen porch and un-permitted shed on property
Folio No: 22623200003
Violation address: 3461 Verity Lane
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and was
forwarded by the U.S. Postal Service on April 8, 2010. The property was posted on
April 2, 2010 and the Courthouse were posted on AprilS, 2010.
Investigator Sorrels introduced four photographs of the premises which were marked
as County's Composite Exhibit "A" and admitted into evidence. The photographs
were taken by the Foreclosure Team on October 6, 2009 as part of Code
Enforcement's case file. The property is in foreclosure and the Bank has not received
a Certificate of Title.
She noted the screen enclosure was originally permitted as a carport and the shed was
not permitted. The violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Occupancy/Completion on or before June 16,2010 or afine of
$100.00 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 Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $112.64 on
or before May 16,2010.
9
April 16, 2010
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.64
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20090010630 - BCC vs. James & Stacey Lyle
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Investigator Carmelo Gomez.
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
April 1, 2010.
Supervisor Letourneau stated the violation was abated on March 3, 2010.
Fines have accrued at the rate of$250.00 per day for the period from March 2, 2010
through March 3, 2010 (2 days) for a total fine amount of$500.00.
Previously assessed Operational Costs of $112.82 have not been paid.
The total amount due to date is $612.82.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
in the total amount of $612.82.
3. Case #CEPM 20090001763 - BCC vs. Robert Custer
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord., Chapter 22 - Buildings and
Building Regulations, Article II - Property Maintenance Code,
Section 22-231(19)
An infestation of bees located underneath the rear of mobile home
10
April 16,2010
Folio No: 68891160007
Violation address: 29 Covey Lane, Naples
The Notice of Hearing was sent via Certified Mail on AprilS, 2010 and notification
was left by the U.S. Postal Service on April 8, 2010. The property was posted on
April 2, 2010 and the Courthouse were posted on AprilS, 2010.
Investigator Sorrels stated the County abated the violation on November 18,2009.
Fines have accrued at the rate of $250.00 per day for the period from October 22,
2009 through November 18,2009 (28 days) for a total fine amount of $7,000.00.
Previously assessed Operational Costs of $118.05 have not been paid.
Abatement costs in the amount of $270.00 have not been paid.
The total amount due to date is $7,388.05.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $7,388.05.
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
X. NEXT HEARING DATE: May 7,2010 at 9:00 AAf, located at the Collier County
Government Center, Administrative Building "F," 3rd Floor, 3301 East Tamiami
Trail, Naples, Florida.
*****
11
April 16, 2010
There being no further business for the good of the County, the Hearing was
adjourned by Order of the Special Magistrate at 9:52 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
12