CESM Minutes 05/07/2010
May 7,2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 7,2010
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:
May 7, 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
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 16, 2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
S01681 05-CEEX201 00004656
CAROL & JOHN RUSSO
DEPUTY KENNETH ROBINS #2956
CODE OF LAW & ORD., SEC. 130-67
PARKED ON STRIPED AISLE ACCESS. HANDICAPPED SPACE
VIOLA TION
ADDRESS:
BAREFOOT BEACH ACCESS 170 BAREFOOT BEACH BLVD
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
S0168101-CEEX20100004438
MARK SMITH
DEPUTY KENNETH ROBINS #2956
CODE OF LA W & ORD., SEe. 130-67
PARKED ON STRIPED ACCESS AISLE. HANDICAPPED SPACE
VIOLA TION
ADDRESS:
COLLIER COUNTY LIBRARY 2385 ORANGE BLOSSOM
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
SO 166706-CEEX20 I 00005374
NICHOLAS RENDZIPERIS
DEPUTY KLINK MANN #1660
CODE OF LAW & ORD., SEe. 130-67
NO VISIBLE PERMIT
COSTCO
S0144816-CEEX20100005212
DANA BECKER
DEPUTY JOHN MAISANO #2479
CODE OF LA W & ORD., SEC. 130-66
COUNTY RIGHT OF WAY SW ALE
179 SOUTHBA Y DRIVE
SO I 48869-C E EX20 I 00004403
BRIAN ESCOBEDO
DEPUTY SCHORE #2986
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
DONAHUE STRREET, A VE MARIA
PR042901-CEEX20100004959
MICHAELJ.CARRABBA
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEe. 130-67
PARKED IN HANDICAPPED ACCESS
VINEYARDS PARK SCHOOL
PR042883-CEEX201 0000381 0
RICHARD FARMER
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE: NO VISIBLE PERMIT
PELICAN BAY
PR044540-C E EX20 I 00005227
GREGORY & MARYLYNN MEYER
PARK RANGER MAURICIO ARAQUISTAIN #5525
CODE OF LAW & ORD., SEe. 130-66
PARKING IN AN UNAUTHORIZED PARKING AREA
BAREFOOT BEACH PRESERVE
2
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
II. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PR043389-CEEX20100004969
JOSEPH ROLA
PARK RANGER ROGER RIECK
CODE OF LA W & ORD., SEe. 130-66
FAILURE TO DISPLAY A PAID BEACH PARKING RECEIPT. BEACH PERMIT EXPIRED
ON 2/28/1 0
MARCO SOUTH ACCESS
DAS11868-CEEX20100004661
FRANCIS BROWN
BONNIE KUBICSEK
COLLIER COUNTY CODE OF LA WS AND ORDINANCES 2008-51, SECTION4-9 PAR 2
IT SHALL BE UNLA WFUL FOR A PERSON TO TETHER A DOG OUTDOORS
642 95TH AVENUE N; TIED TO BOAT IN DRIVEWAY
PU4754-CEEX20100004393
RICHARD MACCLUGAGE TR
INVESTIGATOR MIKE ANDRESKY
COLLIER COUNTY CODE OF LA WS AND ORDINANCES 1997-33, SECTION 6A6
CROSS CONNECTION CONTROL DEVICE HAD BEEN REMOVED
27583600007
406 LAGOON AVENUE
CEV20100002334
ROBERT HOOVER TRUST
INVESTIGATOR THOMAS KEEGAN
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A)
RECURRING VIOLATION OF UNLICENSED/INOPERABLE VEHICLES STORED
OUTSIDE ON ESTATES ZONED PROPERTY
37348360006
1280 25TH STREET SW, NAPLES
CESD20090012849
GEORGE LAMBERT
INVESTIGATOR THOMAS KEEGAN
COLLIER COUNTY CODE OF LA WS. CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND
AMENDMENT OF THE FLORJDA BUILDING CODE, SECTION 22-26(B)(104.5.1.4.4)
PERMIT 2006053609 ISSUED ON FEBRUARY 27TH, 2007 EXPIRED WITHOUT THE
ISSUANCE OF CERTIFICA TE OF COMPLETION/OCCUPANCY.
37987440002
3580 WHITE BLVD
3
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20090012848
GEORGE LAMBERT
INVESTIGA TOR THOMAS KEEGAN
COLLIER COUNTY CODE OF LA WS, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND
AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(B)(1 04.5. I .4.4)
POOL AND SPA PERMIT ISSUED AUGUST 27,2004 AND CANCELED ON JUNE 5, 2007,
NO FINAL INSPECTION OR CERTIFICATE OF COMPLETION ISSUED.
37987440002
3580 WHITE BLVD
CEV20100002640
IEC RENTALS INC.
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(B)(3)
A COMMERCIAL DUMPSTER TRUCK AND A FRONT LOADER PARKED/STORED ON
UN-IMPROVED RESIDENTIAL ZONED PROPERTY.
74414080008
FOLIO #74414080008
CELU20090018069
IEC RENTALS INC.
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTIONS
1.04.01 (A) AND 2.03.02
FILL DIRT AND ROCK BEING STORED ON UNIMPROVED RESIDENTIAL ZONED
PROPERTY
74414080008
FOLIO #74414080008
CEAU20090011319
ARTURO GONZALEZ
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
5.03.02(A)
WOODEN FENCE IN NEED OF REPAIR
22620320009
4608 NORMANDY DRIVE
CEAU20090008537
ANTON & EVA KARABA
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
5.03.02(A) AND FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I SECTION 105.1
WOODEN FENCE BUILT ON PROPERTY WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT
48600000705
12243 FULLER LANE
4
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CENA20090007984
JULIAN H. CAMACHO
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-181 AND
54- 179; LITTER CONSISTING OF, BUT NOT LIMITED TO; BUCKETS, SPA, COOLERS,
BROKEN FURNITURE, PILES OF WOOD AND METAL, APPLIANCES, VEGETATION
DEBRIS, PAINT, TOOLS, TIRES, AND OTHER DEBRIS SCATTERED THROUGHOUT
V ACANT LOT.
66680280006
338 PETTIT DRIVE, GOODLAND
CEV20090007995
JULIAN H. CAMACHO
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION
2.0 I .OO(A); SEVERAL TYPES OF TRAILERS AND RECREATIONAL CAMPER LOCATED
ON PROPERTY ARE UNLICENSED AND/OR INOPERABLE
66680280006
338 PETTIT DRIVE, GOODLAND
CENA20090005196
STEVEN CAMACHO
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-181 AND
54-179; LITTER CONSISTING OF, BUT NOT LIMITED TO; BROKEN FURNITURE,
APPLIANCES, BUCKETS, PILES OF WOOD AND ALUMINUM, ROPE, COOLERS, PAINT,
TOOLS AND A WOODEN BOAT FILLED WITH VEGETATION. DEBRIS SCATTERED
THROUGHOUT FRONT, SIDE AND REAR YARDS
66680480000
217 GOODLAND DRIVE EAST, GOODLAND
CEV20100003099
APRILETTE ROSE
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A)
UNLICENSED AND INOPERABLE VEHICLE PARKED ON THE DRIVEWAY
35881520004
1937 41ST TERRACE SW
CEV20100003793
FILlBERTO & AGUSTIN VELAZQUEZ
INVESTIGATOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A); UNLICENSED VEHICLES AND AN UNLICENSED TRAILER BEING STORED
ON THE PROPERTY
35748000308
1989 46TH STREET S W
5
24. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEPM20100000481
DANIEL CHIRINOS & PATRICIA SAUNIER
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 8, 121, AND 19
RENTAL PROPERTY WITH NO VENTILATION FOR THE BATHROOM, WINDOWS THAT
DO NOT OPEN AND NEED REPAIR, AND PLUMBING FIXTURE IN BATHROOM THAT
NEEDS REPAIR/REPLACED.
67492200008
4004 MINDI AVENUE, NAPLES
CEV20100003264
MINERVA OLIVAREZ
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A)
UNLICENSED VEHICLE BEING STORED ON THE PROPERTY
35648520001
2374 45TH STREET SW
CEPM20090004566
EDITH GRANADOS
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS I2C, 12N, AND 15
VACANT STRUCTURE WITH ROOF DAMAGE, WOOD FENCE IN DISREPAIR, AND
SWIMMING POOL THAT IS NOT BEING MAINTAINED.
35882280000
1818 41ST STREET SW
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20090016303
ROBERT NOLAN AND A&G SUNSHINE PROPERTIES LLC
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
6
.._"..,-~-,--,._,_._-
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEPM20090017256
ULISES PUENTES, PLATINUM HOME INVESTMENT CORP.
RALPH BOSA
COLLIER COUNTY ORDINANCE 2004-58, SECTION 12
HAZARDOUS AND DANGEROUS BUILDING
40352480008
3231 18TH AVENUE NE, NAPLES
CEPM20090015545
REGIONS BANK
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
PRIVATE SWIMMING POOL NOT MAINTAINED. PRESENTING UNSIGHTLY
APPEARANCE, WATER STAGNATE, POLLUTED WITH CONDITIONS CONDUCIVE TO
INSECT INFESTATION.
51978031765
14739 INDIGO LAKES CIRCLE, NAPLES
CESD20080013392
MIRAMAR BEACH & TENNIS CLUB INC.
INVESTIGA TOR JONATHAN MUSSE
COLLIER CO. LAND DEVELOPMENT CODE 2004-41, AS AMENDED,
SEC(S).I 0.02.06(B)( I )(A), I 0.02.06(B)( I )(E) & IO.02.06(B)( I)(E)(I)
PERMIT #920004509 FOR A BOARDWALK WAS ISSUED ON APRlL 16, 1992 AND
EXPIRED ON OCTOBER 16, 1992 WITHOUT OBTAINING CERTIFICATION OF
COMPLETION.
54775120753
105 SHELL DRIVE BONITA SPRINGS
CEPM20090005325
SUSAN SHROYER
INVESTIGATOR JONA THAN MUSSE
COLLIER COUNTY CODE OF LA WS & ORD, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231,
SUBSECTIONS 121, 12B, AND 12C
MISSING WINDOWS, EXTERIOR WALL DAMAGE, AND ROOF DAMAGE
63402960002
4728 CAPRI DRlVE
7
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
B. Request for Special Magislrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: June 4, 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
8
May 7, 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 outlined the Rules and Regulations for the Hearing.
The Special Magistrate noted that, prior to conducting the Hearing. Respondents
were given an opportunity to speak with their Investigating Officer(s) for a
Resolution by Stipulation. The goal is to obtain compliance without being
punitive.
RECESS: 9:16 AM
RECONVENED: 9:47 AM
11. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item IV, "Motions," the following was added:
. "B. Motion for Continuance:"
Agenda #8 - PR 044540 - CEEX 20100005227 - BCC vs. Gregory &
Marylynn Meyer
(b) Under Item V (B), "Hearings," STIPULATIONS were reached in the following
cases:
· Agenda #23, Case #CEV 20100003793 - BCC vs. Filiberto & Agustin
Velazquez
· Agenda #25, Case #CEV 20100003264 - BCC vs. Minerva Olivarez
· Agenda #15, Case #CEV 20100002640 - BCC vs. IEC Rentals, Inc.
· Agenda #16, Case #CELU 20090018069 - BCC vs. IEC Rentals, Inc.
· Agenda #17, Case #CEAU 20090011319 - BCC vs. Arturo Gonzalez
· Agenda #19, Case #CENA 20090007984 - BCC vs. Julian H. Camacho
· Agenda #20, Case #CEV 20090007995 - BCC vs. Julian H. Camacho
· Agenda #21, Case #CENA 20090005196 - BCC vs. Steven Camacho
(c) Under Item V (B), "Hearings," the following cases were DISMISSED at the
request of the Deputy/Park Ranger/DAS Officer:
· Agenda #1, Case #SO 168105 - CEEX 20100004656 - BCC vs. Carol &
John Russo
· Agenda #3, Case #SO 166706 - CEEX 20100005374 - BCC vs. Nicholas
Rendziperis
. Agenda #5, Case #SO 148869 - CEEX 20100004403 - BCC vs. Brian
Escobedo
· Agenda #6, Case #PR 042901 - CEEX 20100004959 - BCC vs. Michael J.
Carrabba
2
'-"'<._--'-'-~--'"~-'-'--'-""'--~"--""~"'-_._--'"
May7,2010
· Agenda #10, Case #DAS 11868 - CEEX 20100004661- BCC vs. Francis
Brown
(d) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
· Agenda #4, Case #S0144816 - CEEX 20100005212 - BCC vs. Dana
Becker
· Agenda #9, Case #PR 043389 - CEEX 20100004969 - BCC vs. Joseph
Rola
· Agenda #11, Case #PU 4754 - CEEX 20100004393 - BCC vs. Richard
MacClugage Trust
· Agenda #22, Case #CEV 20100003099 - BCC vs. Aprilette Rose
. Agenda #24, Case #CEPM 20100000481 - BCC vs. Daniel Chirinos &
Patricia Saunier
(e) RE: Agenda #18, Case #CEAU 20090008537, the owners names were
corrected to Anton Karaba & Eva Karabova
(f) Under Item V (C), "Emergency Cases," the following cases were added:
. #1, Case #CEPM 20100006290 - BCC vs. Jose L. Munoz
· #2, Case #CEPM 20100006374 - BCC vs. Daniel Chirinos
(g) Court Interpreters will be available at 11 :00 AM ("Time Certain") for the
following:
. under Item V (C), "Emergency Cases,"
Agenda #1, Case #CEPM 20100006290 - BCC vs. Jose L. Munoz,
. under Item VI (A), "Motion for Imposition of Fines,"
Agenda #2, CEPM 20090017256 - BCC vs. Ulises Puentes, Platinum
Home Investment Corp.
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 - April 16, 2010
The Minutes of the Special Magistrate Hearing held on April 16, 2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Extension of Time: None
B. Motion for Continuance
8. Case #PRO 44540 - CEEX 20100005227 - BCC vs. Grel!orv & Marvlvnn
Mever
3
May 7, 2010
The Hearing was requested by the Respondents who were not present.
Collier County Park Ranger Mauricio Araquistain was present.
Violations: Code of Law & Ord., Sec. 130-66
Parking in an unauthorized parking area
Violation address: Barefoot Beach Preserve
The Special Magistrate noted the Respondents submitted a letter requesting a five-
month Continuance but had not submitted proof of the representations made in the
letter, i.e., the trip was planned prior to the occurrence of the violation.
Park Ranger Araquistain stated the Respondent requested too much time.
The Special Magistrate requested Code Enforcement send a letter to the
Repondents explaining they will be allowed fifteen days (15) to submit proof of
their travel plans such as travel itinerary or copy of tickets, etc.
Upon receipt of such proof, the Special Magistrate will rule on their Motion.
V. PUBLIC HEARINGS
A. Stipulations:
23. Case #CEV 20100003793 - BCe. vs. Filiberto & Al!ustin Velazquez
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joe Mucha who was present.
The Respondents had been present earlier but left before the Case was heard.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A);
Unlicensed vehicles and an unlicensed trailer being stored on the
property
Folio No: 35748000308
Violation address: 1989 46th Street SW
A Stipulation was entered into by the Respondents on May 7, 2010.
Investigator Mucha stated the terms of the Stipulation were agreed to by both
Respondents.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to attach a current, valid tag for each
trailer/ vehicle, or store the vehicles in a completely enclosed structure, or remove
them from the premises, on or before May 14, 2010 or a fine 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.
lfthe 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.
4
May 7, 2010
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 the case in the amount of $112.38 on
or before June 7, 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: $112.38
25. Case #CEV 20100003264 - BCC vs. Minerva Olivarez
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joe Mucha who was present.
The Respondent was also present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Unlicensed vehicle being stored on the property
Folio No: 35648520001
Violation address: 2374 45th Street SW
The Respondent resides at 2374 45th Street SW, Naples, Florida 34116.
A Stipulation was entered into by the Respondent on May 7, 2010.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation and ordered to attach a current, valid tag for each
trailer/ vehicle, or store the vehicles in a completely enclosed structure, or remove
them from the premises, on or before May 21,2010 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.
lfthe Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondent.
Ifnecessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112.38 on
or before June 7, 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
15. Case #CEV 20100002640 - BCC vs.IEC Rentals. Inc.
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
5
May 7, 2010
was present.
The Respondent was represented by Robert Cadenhead.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(B)(3)
A commercial dumpster truck and a front loader parked/stored on un-
improved residential zoned property.
Folio No: 74414080008
Violation address: FOLIO #74414080008
The Respondent resides at 3145 Cherry Street, Naples, Florida 33142.
A Stipulation was entered into by Robert Cadenhead on behalf of the Respondent on
May 7, 2010.
Investigator Sorrels stated the violation was abated on May 5,2010. The Respondent
is prohibited from storing such vehicles on the property in the future.
Finding the Notice of Hearing was properly served and finding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found
GUlL TY of the alleged violation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112.38 on or
before June 7, 2010.
Total Amount Due: $112.38
16. Case #CELU 20090018069 - BCC vs.IEC Rentals, Inc.
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was represented by Robert Cadenhead.
Violations: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.03.02
Fill dirt and rock being stored on unimproved residential zoned property
Folio No: 74414080008
Violation address: FOLIO #74414080008
A Stipulation was entered into by Robert Cadenhead on behalf of the Respondent on
May 7, 2010.
The Respondent resides at 3145 Cherry Street, Naples, Florida 33415.
Investigator Sorrels stated the violation was abated on May 5, 2010. The Respondent
is prohibited from storing fill dirt/rocks on the property in the future.
Finding the Notice of Hearing had been properly served and finding the violation
G
May 7, 2010
did exist but was CORRECTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$][2.56 on or
before June 7, 2010.
Total Amount Due: $][2.56
17. Case #CEAU 20090011319 - BCC vs. Arturo Gonzalez
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was also present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 5.03.02(A)
Wooden fence in need of repair
Folio No: 22620320009
Violation address: 4608 Normandy Drive
A Stipulation was entered into by the Respondent on May 7, 2010.
The Respondent resides at 4608 Normandy Drive, Naples, Florida.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections
and a Certificate of Completion, on or before May 21,2010, or afine of$IOO.OO
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 the case in the amount of$1 12.56 on
or before June 7, 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: $112.56
19. Case #CENA 20090007984 - BCC vs. Julian H. Camacho
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was not present.
7
May 7,2010
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sections 54-181
and 54-179;
Litter consisting of, but not limited to; buckets, spa, coolers, broken
furniture, piles of wood and metal, appliances, vegetation debris, paint,
tools, tires, and other debris scattered throughout vacant lot.
Folio No: 66680280006
Violation address: 338 Pettit Drive, Good1and
A Stipulation was entered into by Steven Comacho, the Respondent's brother on
behalf of the Respondent on May 6, 2010.
Investigator Sorrels noted the Respondent sent an emai1 to Code Enforcement
authorizing his brother, Steven Camacho, to represent him.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove the litter to an appropriate
waste disposal site on or before July 7,2010, or a fine 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.
Ifnecessary, 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 the case in the amount of $112.38 on
or before June 7,2010.
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: $112.38
20. Case #CEV 20090007995 - BCC vs. Jnlian H. Camacho
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A);
Several types of trailers and recreational camper located on property are
unlicensed and/or inoperable
Folio No: 66680280006
Violation address: 338 Pettit Drive, Good1and
A Stipulation was entered into by Steven Comacho, the Respondent's brother on
behalf of the Respondent on May 6,2010.
8
May 7,2010
Investigator Sorrels noted the Respondent sent an emai1 to Code Enforcement
authorizing his brother, Steven Camacho, to represent him.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to repair all defects and make the
vehicles operational, and to attach a current, valid tag for each vehicle/trailer or
camper, or store the vehicles in a completely enclosed structure, or remove them
from the premises, on or before July 7, 2010 or a fine 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.
Ifnecessary, 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 the case in the amount of $112.38 on
or before June 7, 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
21. Case #CENA 20090005196 - BCC vs. Steven Camacho
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sections 54-181
and 54-179;
Litter consisting of, but not limited to, broken furniture, appliances,
buckets, piles of wood and aluminum, rope, coolers, paint, tools and a
wooden boat filled with vegetation. Debris scattered throughout front,
side and rear yards
Folio No: 66680480000
Violation address: 217 Goodland Drive East, Good1and
A Stipulation was entered into by the Respondent on May 6, 2010.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove the litter to an appropriate
waste disposal site on or before July 7, 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
l)
,.'^'- '~~""'.<..,,,._-,~,-,.,.,.,._._.,-,-,-----~.~..~.,,--~"'~~'-'--~~---~_.'._-'-'-_._-_._'-'-'-""-""-
May 7,2010
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 the case in the amount of$112.38 on
or before June 7, 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: $112.38
V. PUBLIC HEARINGS
B. Hearings:
2. Case #SO 168101 - CEEX 20100004438 - BCC vs. Mark Smith
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Kenneth Robins was also present.
Violations: Code of Law & Ord., Sec. 130-67
Parked on striped access aisle. Handicapped space
Violation address: Collier County Library, 2385 Orange Blossom
The Respondent resides at 1091 Oakes Blvd., Naples, Florida 34119.
The Respondent stated he was issued a Handicapped parking permit in 2007 and no
information was given to indicate the striped area was considered part ofthe
Handicapped Parking space. He stated areas where parking is prohibited are outlined
in yellow, and Handicapped spaces are outlined in blue. The area in question was
painted white.
He had no idea parking in the white striped area was illegal, and stated the position of
his scooter in the access area would still allow a wheelchair van to operate its ramp.
Deputy Robins introduced two photographs, taken on March 22, 2010, which were
marked as County's Composite Exhibit "A" and admitted into evidence.
The Respondent stated he is unable to pay fines due to limited income and offered to
perform community service if allowed.
The Special Magistrate noted the Respondent had admitted to the violation and the
Ordinance did not allow other provisions to satisfy the fine, other than payment..
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay a civil fine in the amount of
$250.00 on or before June 7,2010.
Operational Costs were not assessed.
10
May 7,201 0
Total Amount Due: $250.00
7. Case #PR 042883 - CEEX 20100003810 - BCC vs. Richard Farmer
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Barry Gorniak was also present.
Violations: Code of Law & Ord., Sec. 130-67
Handicapped space; no visible permit
Violation address: Pelican Bay Community Park
The Respondent resides at 28621 San Lucas Lane - #201, Bonita Springs, Florida.
The Respondent objected to the proceedings due to jurisdiction and stated the
proceedings should be held in County Court.
The Special Magistrate stated the Florida Legislature gave Law Enforcement Officers
the choice for disposition of Citations to be heard in either County Court or by a
Special Magistrate. Florida Statutes gives jurisidiction to Counties who authorize the
Special Magistrate hear the cases.
The Respondent claimed the Park Ranger was not a Law Enforcement Officer or
employed by the Collier County Sheriffs Office as a Parking Specialist. He
referenced 130.67 and stated the definition of Law Enforcement Officer in the Florida
Statutes did not include Park Ranger. He recalled that a Law Enforcement Officer is
allowed to carry a weapon and make arrests. He asked that the Citation be dismissed.
Park Ranger Gorniak cited:
"Section 246-26: It is the intent of the Legislature to authorize the Board
of County Commissioners of Collier County to designate employees of
Collier County's Department of Parks and Recreation as Park Enforcement
Officers. It is declared as a matter of Legislative Intent that a County Park
Enforcement Officer be empowered to issue Citations to enforce any County
Ordinance duly enacted by the Board of County Commissioners."
Regarding juri diction, he also cited:
"Section 246-27: Any person designated by the Board of County Commissioners
as a Park Enforcement Officer (Park Ranger) is hereby authorized to issue
Citations within the boundaries of a Collier County park, public beach, beach
access area adjacent to County parks, County-operated parking facilities, and
public areas immediately adjacent to any park for any violations of the Collier
County Ordinances."
He further stated he was an authorized Parking Specialist and presented a copy of the
Certification from the Collier County Sheriffs Office, dated October 11,2007, which
was marked as County's Exhibit "A" and admitted into evidence. He also introduced
two photographs, taken on April 8,2010, which were marked as County's Composite
II
May7,2010
Exhibit "B" and admitted into evidence.
The Respondent admitted he was not issued a Handicapped parking permit.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay a civil fine in the amount of
$250.00 plus an administrative fee of $5.00 on or before June 7, 2010.
The Respondent was furthered ordered to pay the Operational Costs incurred by
Code Enforcement during the prosecution of the case in the amount of $50. 00 on
or before June 7, 2010.
Total Amount Due: $305.00
13. Case #CESD 20090012849 - BCC vs. Georl!e Lambert
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was also present.
Violations: Collier County Code of Laws, Chapter 22 Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and
Amendment ofThe Florida Building Code, Section 22-26(B)(104.5.1.4.4)
Permit #2006053609 issued on February 27, 2007 and expired without
the issuance of Certificate of Completion/Occupancy.
Folio No: 37987440002
Violation Address: 3580 White Blvd
The Respondent resides at 3580 White Blvd., Naples, Florida 34117.
Investigator Keegan stated a Lis Pendens was filed against the property and he
received the case from the Foreclosure Team on March 12, 2010. The Permit was
pulled but the Certificate was not issued.
The Respondent stated he could not begin the project due to a work-related injury.
He did not renew the permit because he could not afford the fees. He further stated
no work had been done on either the exterior or interior of the home. The only
violation was to allow the Permit to expire. The property is in the process of
foreclosure.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
14. Case #CESD 20090012848 - BCC vs. Georl!e Lambert
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was also present.
12
May 7,2010
Violations: Collier County Code of Laws, Chapter 22 Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and
Amendment ofThe Florida Building Code, Section 22-26(B)(104.5.1.4.4)
Pool and spa permit issued August 27, 2004 and canceled on June 5,
2007. No final inspection or Certificate of Completion issued.
Folio No: 37987440002
Violation address: 3580 White Blvd
The Respondent resides at 3580 White Blvd., Naples, Florida 34117.
Investigator Keegan introduced two photographs of the pool which were marked as
County's Exhibits "A" and "B" and admitted into evidence. He stated neither the
pool or the spa were permitted or inspected.
The Respondent stated the plumbing has been inspected and only the electrical and
final inspection are due. He reiterated he is financially unable to complete the work.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections
and a Certificate of Completion on or before July 7, 2010, or a fine of $250.00 per
day will be imposed for each day the violation remains thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County SherifFs 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 the case in the amount of $112. 56 on
or before August 7, 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
RECESS: 11:18 AM
RECONVENED: 11:51 AM
Supervisor Waldron amended the Agenda as follows:
· Under Item C, "Emergency Cases," the following case was WITHDRA WN
by the County:
Agenda #1, Case #CEPM 20100006290 - BCC vs. Jose L. Muno
13
'''''-'~''_~"'~'~'''_''~_._----~~-_._.._-,_..._,.".;..,~<_.~~.~,._-.,..,.."."----,.._.__. .'--"_._.-,.,.~"
May 7, 2010
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case #CEPM 20090017256 - UJises Puentes, Platinum Home Investment Corp.
The County was represented by Code Enforcement Investigative Supervisor Cristina
Perez on behal f of Investigator Ralph Bosa.
The Respondent was represented by Ulises Puentes.
Violations: Collier County Ordinance 2004-58, Section 12
Hazardous and dangerous building
Folio No: 40352480008
Violation address: 3231 18th Avenue NE, Naples
The Respondent indicated he spoke/understood only a little English.
The Special Magistrate requested Supervisor Perez to serve as translator since the
Court's Interpreter was not present.
Supervisor Perez stated the violation was abated on April20, 2010.
Fines have accrued at the rate of $250.00 per day for the period from February 13,
2010 through April20, 2010 (67 days) for a total fine amount of$16,750.00.
Previously assessed Operational Costs of $112.62 have been paid.
The total amount due to date is $16,750.00.
The County recommended abatement of the fines due to the cooperation of the
Respondent. The property has been properly secured.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
V. PUBLIC HEARINGS
B. Hearings:
18. Case #CEAU 20090008537 - BCC vs. Anton Karaba & Eva Karabova
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondents were also present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 5.03.02(A) and Florida Building Code, 2004 Edition,
Chapter 1, Section 105.1
Wooden fence built on property without a valid Collier County Building
Permit
Folio No: 48600000705
14
May 7,2010
Violation address: 12243 Fuller Lane
The Respondents reside at 12234 Fuller Lane, Naples, Florida 34113..
Investigator Sorrels introduced two photographs taken on May 19, 2009, which were
marked as County's Composite Exhibit "A" and admitted into evidence.
She stated a Permit was issued in April 2005, but the Final Inspection failed by the
Inspector on September 26,2005. In October 2009, she spoke with Mrs. Karabova at
the property, explained the violation and advised her to re-apply for the 2005 Permit,
fix the fence, and then schedule another inspection. They were also advised they
could apply for a Demolition Permit to remove the fence. In March 2010, Mrs.
Karabova indicated the fence would not be removed.
The Respondents stated there was no real case, and cited problems with canal
(flooding) and the necessity to construct a concrete wall to keep water from running
onto their property. The height of the fence was also necessary because the neighbors
owned several large dogs which the Respondents were afraid would jump a lower
fence. They wanted security for their family.
The Respondents claimed they were unable to obtain help from anyone (Code
Enforcement, Animal Control, Habitat for Humanity). Mr. Karaba claimed his fence
construction was stronger than the 4' x 4' poles required by the County. He provided
additional support for the fence to make it hurricane-proof. He also claimed the case
was in retaliation for his complaints. He stated he fixed the problems "his way"
because there was no guidancc, and he did not understand the procedures.
The Special Magistrate noted the Respondents had interpreted the County's
requirements rather than following them which resulted in the violation.
The Special Magistrate asked to review the original Permit application and site plans
to determine what the Respondent was advised to construct and the initial
requirements.
Investigator Sorrels outlined the County's recommendations:
· The Respondents are to obtain either a Collier County Building Permit or a
Collier County Demolition Permit, all required inspections and a Certificate of
Completion on or before June 7, 2010, or a fine of$100.00 per day will be
imposed for each day the violation remains
· 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 are to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$112.64 on
or before June 7, 2010.
15
...' ..._ '.M<.__........_~'"_.__ .~._.~ ._..._,.~"__'_.._._.__,_____
May 7, 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.
The Respondents stated they would not tear down the fence to replace it with an
inferior fence. He said when he complained about problems in the neighborhood to
Code Enforcement or Animal Control, no one responded. He asked the Special
Magistrate to "give him a break."
The Special Magistrate suggested making the corrections as outlined by the Inspector
and to find a way to come into compliance with as little additional expense as
possible.
The Special Magistrate requested Code Enforcement order the records (permit, site
plan, etc.) and forward them to her. She will not rule or impose fees/fines until
after she has examined the documents. A written Order will be sent to the
Respondents within ten days.
The Special Magistrate stated if the Respondents have questions concerning the
Order, they can contact Code Enforcement. Ifno one responds to their call, they may
contact the Director of Code Enforcement, Diane Flagg.
C. Emergency Cases:
2. Case #CEPM 20100006374 - BCC vs. Daniel Chirinos
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was also present.
Violations: Ordinance 2004-58, Property Maintenance Code, as amended, Section 6,
Paragraphs 1 and 2
Occupied residental units without adqequate water supply
Folio No.: 73280040008
Violation address: 2315 Bayside Street, Naples, FL 34112
The Respondent resides at 4250 Lorraine A venue, Naples, Florida 34104.
Investigator Sorrels stated a complaint was made on May 6, 2010. She conducted a
site visit and introduced two photographs which were marked as County's Composite
"A" and admitted into evidence. The tenants claimed there has been no water service
for the past three days and water was included in their rent. She stated a landlord is
obligated to provide water to the tenants.
The Respondent stated the tenants have not paid rent in several months and he cannot
continue to cover the water bills for them. He spoke with the tenants and stated he
would pay half of the bill if they agreed to pay the other half. He paid $500 to the
16
May 7, 2010
City. The tenants agreed to contact the City but have not done so. He had not started
eviction proceedings to give the tenants time to catch up on their back rent but will
immediately issue a Three-Day Notice to the tenants to vacate the premises.
The Special Magistrate stated the Landlord-Tenant Statute prohibits a landlord from
depriving tenants of utilities. It is a Health, Safety and Welfare issue. She suggested
the Respondent contact the City to obtain a meter reading and check with the billing
department to see if there was a typographical error.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to restore water service with the City
of Naples Utilities on or before the close of business on Monday, May 10, 2010, or
afine of $200. 00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112.29 on
or before August 7, 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: $112.29
The Respondent noted the City may not physically restore the service on Monday
even if he pays the fee.
Investigator Sorrels will contact a Supervisor with the City's Water Department to
verify the status.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20090016303 - BCC vs. Robert Nolan and A&G Sunshine
Properties, LLC
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Investigator Rena1d Paul.
Robert Nolan was present.
Robert Conner represented A&G Sunshine Properties, LLC.
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
17
May7,2010
Mr. Nolan resides at 4210 Third Avenue SW, Naples, Florida.
Supervisor Letourneau stated the violation has been abated as of April 19,2010.
Fines have accrued at the rate of $250.00 per day for the period from March 7, 2010
through April 19, 2010 (44 days) for a total fine amount of $11,000.00.
Previously assessed Operational Costs of$112.73 have been paid.
The total amount due is $11,000.00.
Mr. Conner stated the property was acquired from the Bank on March 7, 2010 and it
took over ten days to obtain a new (custom) liner for the pool and have it installed.
Supervisor Letourneau stated the Respondents made every effort to correct the
situation as quickly as possible.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
3. Case # CEPM 20090015545 - BCC vs. Rel!ions Bank
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Investigator Ronald Martindale.
The Respondent was represented by Marco Scola, Independent Brokers Realty.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article VI Property Maintenance Code, Section 22-231 (15)
Private swimming pool not maintained. Presenting unsightly appearance,
water stagnate, polluted with conditions conducive to insect infestation
Folio No: 51978031765
Violation address: 14739 Indigo Lakes Circle, Naples
Supervisor Letourneau stated the violation was abated by the County on March 9,
2010.
Fines have accrued at the rate of $250.00 per day for the period from January 26,
2010 through March 9, 2010 (43 days) for a total fine amount of$IO,750.00.
Previously assessed Operational Costs of$112.29 have been paid.
Abatement costs in the amount of$870.00 have been paid.
The total amount due to date is $10,750.00.
Mr. Scola stated the Bank acquired the property in March 2010.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
4. Case #CESD 20080013392 - BCC vs. Miramar Beach & Tennis Club, Inc.
The County was represented by Code Enforcement Investigator Jonathan Musse.
] 8
May 7, 2010
The Respondent was represented by Dale Moeller, Assistant General Manager.
Ben Nelson, Nelson Marine, appeared as a witness for the Respondent.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).10.02.06(B)(I)(A), 1O.02.06(B)(1)(E) & 1O.02.06(B)(1)(E)(l)
Permit #920004509 for a boardwalk was issued on April 16, 1992 and
expired on October 16, 1992 without obtaining Certification of
Completion.
Folio No: 54775120753
Violation address: 105 Shell Drive, Bonita Springs
Mr. Moeller stated he was authorized to represent Miramar Beach & Tennis Club.
The Special Magistrate noted she had previously heard the case.
Supervisor Waldron stated the Respondents attended a meeting with the County and
had new information.
Mr. Nelson explained the process of obtaining the Permit. The Permit Department
approved the plans and designs pursuant to the 1992 specifications and the same
Permit nwnber was re-issued. The work was completed but the Inspector did not
approve it because the County's Building Department wants the work to adhere to
2007 specifications and ADA standards. Turtle hatching season began on May 2,
2010 and he must apply to the Department of Natural Resources in order to comply
with the Building Department's requirements. (All beach work is halted during turtle
hatching season.)
The Special Magistrate ruled the Respondent will have an extension to May, 2012
to complete the work and fines were stayed and will not accrue.
RECESS: 1:40 PM
RECONVENED: 1:49 PM
V. PUBLIC HEARINGS
A. Stipulations:
12. Case #CEV 20100002334 - BCC vs. Robert Hoover Trust
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was present earlier but left before the case was heard.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Recurring violation of unlicensed /inoperable vehicles stored outside on
Estates zoned property
19
"-~.~-'''''--~'~''_''_'__'---_.__.._.._..~._,.~"-,-,.,---~~--
May 7, 2010
Folio No: 37348360006
Violation address: 1280 25th Street SW, Naples
A Stipulation was entered into by the Respondent on May 7, 2010.
Investigator Keegan stated the Respondent agreed to the terms ofthe Stipulation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to repair all defects and make the
vehicles operational, and to attach a current, valid tag to each vehicle, or store the
vehicles in a completely enclosed structure, or remove them from the premises, on
or before May 21,2010 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 Stipulation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112. 64 on
or before June 7, 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
B. Hearings:
26. Case #CEPM 20090004566 - BCC vs. Edith Granados
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Supervisor Joe Mucha who was present.
The Respondent was not present.
Violations: Collier County Code Of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 12C, 12N, and 15
Vacant structure with roof damage, wood fence in disrepair, and
swimming pool that is not being maintained.
Folio No: 35882280000
Violation address: 1818 41st Street SW
The Notice of Hearing was sent via Certified Mail on Apri126, 2010. The property
and Courthouse were posted on April 23, 2010.
Investigator Mucha stated the property is vacant and in foreclosure. He introduced
eight photographs, taken on October 14, 2009, which were marked as County's
Composite Exhibit "A" and admitted into evidence. The violation has not been abated.
20
May 7,2010
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 obtain all required Permits, inspections and a Certificate of Completion to repair
the roof on or before June 7, 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 ordered to hire a licensed General Contractor to obtain all
required Permits, inspections and a Certificate of Completion to repair or remove
the fence on or before June 7, 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.
The Respondent was further ordered to kill the algae by chemically treating the
pool water 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 June 7,2010 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.
Ifnecessary, assistance may be requestedfrom 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 the case in the amount of $112.82 on
or before June 7, 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
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case #CEPM 20090005325 - BCC vs. Susan Shroyer
The County was represented by Code Enforcement Investigator Jonathan Musse.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article VI, Property Maintenance Code, Section 22-231,
Subsections 121, 12B, and 12C
Missing windows, exterior wall damage, and roof damage
Folio No: 63402960002
Violation address: 4728 Capri Drive
21
May 7, 2010
The Notice of Hearing was sent via Certified Mail on April 26, 2010 and notification
was left by the u.s. Postal Service at the Respondent's residence on April 27, 2010.
The property and Courthouse were posted on Apri127, 2010.
Investigator Musse stated the violation has not been abated
Fines have accrued at the rate of$200.00 per day for the period from April 10,2010
through May 7,2010 (28 days) for a total fine amount of$5,600.00.
Previously assessed Operational Costs of $112.64 have not been paid.
The total amount due to date is $5,7] 2.64.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $5,712.64 and noted fines will continue to accrue.
VII. OLD BUSINESS:
None
VIIl. 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.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
IX. REPORTS:
None
X. NEXT HEARING DATE: June 4, 2010 at 9:00 AM, located at the Collier County
Government Center, Administrative Building "F," 3rd Floor, 3301 East 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 2:07 PM.
22
May 7,2010
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _' or as amended
23