CESM Minutes 07/16/2010
July 16,2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, July 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
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
July 16,2010 at 9:00 A.M.
LOCATION:
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 MAGlSTRA TE 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 MAGlSTRA TE 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 - June 4, 2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
S013531 0-CEEX201 00008423
CHARLES W. COOK
DEPUTY SWALES
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE
VIOLA TION
ADDRESS:
6650 COLLIER BLVD, WAL-MART
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TI0N
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:
PR042908-CEEX20 1 00008328
JAMES B. GUNDERSON
PARK RANGER KURT ARAQUISTAIN
CODE OF LAW & ORD., SEe. 130-67
PARKED IN HANDICAPPED PARKING SPACE, NO HANDICAPPED TAG
BA YVIEW PARK
PR042943-CEEX20100007147
MINAS L. MASOURAS
PARK RANGER KURT ARAQUISTAIN
CODE OF LAW & ORD., 130-66
FAILURE TO DISPLAY PAID BEACH PARKING RECEIPT, BEACH PARKING PERMIT
EXPIRED 01/2010.
CLAM PASS
DAS11912-CEEX20100007418
PENELOPE MAROULES
OFFICER PAUL MORRIS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES 2008-51, SECTION 8-1(4)
ANIMAL AT LARGE/BARK, WHINE, HOWL, AND CAUSE OTHER OBJECTIONABLE
NOISE
164 CORAL VINE DRIVE, NAPLES
CENA20090016574
JEFFREY A. MACASEVICH
INVESTIGA TOR 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 LAKE WOOD BLVD, NAPLES
CEV20100006190
ERNEST J. V ALDASTRI
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 1.00(A) RECURRING VIOLATION OF INOPERABLE AND UNLICENSED VEHICLES
PARKED/STORED ON RESIDENTIAL PROPERTY.
49532360004
30 CREEK CIRCLE, NAPLES
2
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CENA20100006202
ERNEST J. V ALDASTRI
INVESTIGA TOR CAROL SYKORA
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54-179 AND
SECTION 54-181. RECURRING VIOLATION OF LITTER CONSISTING OF BUT NOT
LIMITED TO; PLASTIC BOTTLES, CANS, TOOLS, TIRES, AUTOMOTIVE PARTS.
49532360004
30 CREEK CIRCLE, NAPLES
CEV20100006250
ERNEST J. V ALDASTRI
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 I.OO(B) RECURRING VIOLATION OF RECREATIONAL VEHICLES NOT CORRECTLY
PARKED/STORED ON RESIDENTIAL PROPERTY AND IN THE COUNTY RIGHT OF
WAY.
49532360004
30 CREEK CIRCLE, NAPLES
CEPM20080016337
JAMES K. & DEBORAH B. TOWNE
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12e), VACANT STRUCTURE WITH DAMAGED ROOF.
35759720004
4419 18TH AVE SW, NAPLES
CEPM20100001420
JOSEPH & KAREN SALVA TORIELLO
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231 (15)(12n). A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN
IMPROPERL Y MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR
INSECT INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND BECOME
POLLUTED WITH GREEN ALGAE. THE POOL SCREEN ENCLOSURE IS TORN AND THE
DOORS ARE UNSECURED ALLOWING POSSIBLE ACCESS TO THE POOL AREA.
71373120002
18445 ROYAL HAMMOCK BLVD, NAPLES
CEROW200900 15230
EST ATE OF ALAN D. MONTGOMERY
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 110, ARTICLE II,
SECTION 110-31 (a). SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY
WITH NO PERMIT.
36239560000
5133 20TH CT SW, NAPLES
3
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV20100001707
HILDEBERTO & JUANA GARCIA
INVESTIGA TOR WELDON WALKER
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 1.00(A) RED HONDA CIVIC 2-DOOR HATCHBACK WITHOUT CURRENT TAGS AND
INOPERABLE, PURPLE FORD RANGER TRUCK WITHOUT CURRENT
TAGS/REGISTRATION AND INOPERABLE.
73180680102
616 CLIFTON STREET, IMMOKALEE
CEV20100003971
FRITZNER V ALCIN
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A) TOYOTA CAMRY INOPERABLE
36313160009
2288 51 5T TERRACE SW, NAPLES
CEN A20 100002482
ISABEL F. ARREAGA
INVESTIGATOR WELDON WALKER
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-179.
OBSERVED A TRAILER IN A DILAPIDATED CONDITION. THE DOOR WAS
REMOVED/OFF, WINDOWS BROKEN, AND A FIRE DAMAGED A MAJOR PORTION OF
THE INSIDE OF THE TRAILER.
00121040004
1115 IMMOKALEE DRIVE, IMMOKALEE
CEV20I00003067
EDIT A TECHNICAL LAND TRUST, KOLLAR TRUST
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.05.03, VEHICLES PARKED ON GRASS
36300080008
1983 HUNTER BLVD, NAPLES
CESD20090016653
JOHN MILLS
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(a) A METAL STORAGE SHED PLACED ON THE PROPERTY WITHOUT
FIRST OBTAINING A BUILDING PERMIT.
68344080003
105 MOON BAY STREET, NAPLES
4
17. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEV20090017598
JOHN MILLS
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 1.00(A) AND SECTION 2.0 1.00(B)UNLICENSED/INOPERABLE RECREATIONAL BOAT
TRAILER IS IMPROPERLY PARKED ON RESIDENTIAL PROPERTY.
68344080003
105 MOON BAY STREET, NAPLES
CENA20100005207
TED ZHI M. LUO
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ENVIRONMENT, ARTICLE VI,
WEEDS, LITTER, AND EXOTICS, SECTION 54-181 AND SECTION 54-185 (a). WEEDS
OVER 18" AND LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, APPLIANCES,
CARPETS, CAR PARTS, FURNITURE, PAINT BUCKETS, DOORS, LADDERS, TRASH
AND OTHER MISCELLANEOUS ITEMS.
35779840003
203641 ST ST SW UNIT A, NAPLES
CEV20 1 00006335
TED ZHI M. LUO
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). UNLICENSED VEHICLE ON PROPERTY.
35779840003
203641 ST ST SW UNIT A, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD200900 15977
TIMOTHY S. NELSON
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-4 I, AS AMENDED, SECTION
1O.02.06(B)(1)(a) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION
105.1. UNPERMITTED SCREENED PORCH AND UNPERMITTED SHED ON PROPERTY.
22623200003
3461 VERITY LANE, NAPLES
5
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
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:
CEPM20090015979
TIMOTHY S. NELSON
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231 (I2)(e), 22-231 (I2)(i) AND 22-243. DETERIORATED FASCIA,
UNFINISHED ROOFING WORK, UNSECURED SIDE DOOR AND BROKEN WINDOWS
ON VACANT HOME.
22623200003
3461 VERITY LANE, NAPLES
CEPM20090013071
EDWARD A. & PAULA L. KAULBARS
INVESTIGA TOR JOHN CONNETT A
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL IS GREEN IN COLOR, STAGNATE, AND NOT PRO PERL Y
MAINTAINED.
74901001448
1579 WHISPERING OAKS CIRCLE, NAPLES
CESD20090010025
JAMES R. BIRD
INVESTIGATOR WELDON WALKER
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)
(104.1.3.5)(106.1.2). SHED IN REAR OF PROPERTY MISSING WINDOWIBROKEN
WINDOW. TWO WINDOWS AND A DOOR ARE BOARDED FROM THE INSIDE OUT.
MAIN HOUSE HAS BEEN RE-ROOFED WITH METAL ROOF OVER ROLL. PERMIT WAS
ISSUED 12/02/98. NOT CO-ED.
32680280001
1420 SANTA ROSA AVE, IMMOKALEE
CEPM20080003112
JAWED DASS & MUSSARAT JAWED
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL WATER IS BLACK AND FILLED WITH ALGAE.
51147040121
8086 T AUREN CT, NAPLES
6
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100003246
RAUL & MARTHA REYES
INVESTIGA TOR THOMAS KEEGAN
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION(S) 22-231 (15) AND 22-231 (12)(\). VACANT HOME WITH POOL WATER IN
GREEN, STAGNANT CONDITION AS WELL AS TORN SCREENING ON POOL CAGE.
79904127023
7893 UMBERTO CT, NAPLES
CEPM20090005155
ANDREW MILLER & LAUREN GILBERT
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). PRIVATE SWIMMING POOL NOT MAINTAINED CONTAINING
GREEN, POLLUTED, ALGAE FILLED WATER CONDUCIVE TO INSECT INFESTATION.
49660104585
2063 MORNING SUN LANE
CEV20100002334
ROBERT HOOVER REV TRUST
INVESTIGATOR THOMAS KEEGAN
ORDINANCE(S) 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE; SECTION 2.01.00(A). RECURRING VIOLATION OF UNLICENSED/INOPERABLE
VEHICLES STORED OUTSIDE ON ESTATES ZONED PROPERTY.
37348360006
1280 25TH ST SW, NAPLES
CEPM20090015934
BRYON & STEPHANIE GOLDIZEN
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). SWIMMING POOL NOT MAINTAINED, CONTAINING STAGNATE,
ALGAE FILLED WATER CONDUCIVE TO HARBORING INSECT INFESTATION.
64626000103
3036 OLD COVE WAY, NAPLES
CEPM20090004566
EDITH GRANADOS
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12e, 12n, AND 15. VACANT STRUCTURE WITH ROOF
DAMAGE, WOOD FENCE IN DISREPAIR, AND SWIMMING POOL THAT IS NOT BEING
MAINTAINED.
35882280000
18]8 4]ST ST SW, NAPLES
7
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20080008180
GRACIELA N. SUSI
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE II FLORIDA BUILDING CODE, SECTION 22-
26(103.11.2). NO PROTECTIVE BARRIER SURROUNDING SWIMMING POOL.
49660105665
2130 MORNING SUN LANE, NAPLES
CEPM20090008987
JERRY D. & SUSAN E. CURRIE
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). POOL IS GREEN, STAGNANT, AND NOT MAINTAINED.
36248400009
179754TH ST SW, NAPLES
CEPM20080003635
BRIAN & SYLVIA CHRISTOPHER
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTION 15. PRIVATE POOL MAINTENANCE VIOLATION,
WATER IS IN ALGAED AND STAGNANT CONDITION.
68827502859
341 IBIS WAY, NAPLES
B. Motion to Rescind Previously Issued Order:
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100003306
VANESSA L. CURLEY-FRIEDLAND
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22 BU]LDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15) FAILURE TO MAINTAIN PRIVATE SWIMMING POOL.
59940900046
5181 MAHOGANY RIDGE DRIVE, NAPLES
8
VIII. CONSENT AGENDA
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: August 6, 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
9
July 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 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: 9:17 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item IV (B), "Motion for Extension of Time," the following case was
added:
· Case #CEPM 20090004566 - BCC vs. Edith Granados
(b) Under Item V (A), "Public Hearings," a STIPULA TION was reached in the
following case:
· Agenda #13, Case #CEV 20100003971- BCC vs. Fritzner Valcin
(c) Under Item V (B), "Hearings," the following case was DISMISSED by the Park
Ranger:
· Agenda #3, Case #PR 042943 - CEEX 20100007147 - BCC vs. Minas L.
Masouras
(d) Under Item V (B), "Hearings," the following cases were WITHDRAWNby the
County:
· Agenda #4, Case #DAS 11912 - CEEX 20100007418 - BCC vs. Penelope
Maroules
· Agenda #5, Case #CENA 20090016574 - BCC vs. Jeffrey A. Macasevich
· Agenda #11, Case #CEROW 20090015230 - BCC vs. Estate of Alan D.
Montgomery
· Agenda #12, Case #CEV 20100001707 - BCC vs. Hildeberto & Juana
Garcia
· Agenda #14, Case #CENA 20100002482 - BCC vs. Isabel F. Arreaga
· Agenda #16, Case #CESD 20090016653 - BCC vs. John Mills
· Agenda #17, Case #CEV 20090017598 - BCC vs. John Mills
· Agenda #18, Case #CENA 20100005207 - BCC vs. Ted Zhi M. Luo
· Agenda #19, Case #CEV 20100006335 - BCC vs. Ted Zhi M. Luo
2
July 16,2010
(e) Under Item VI (A), "Motion for Imposition of Fines," the following case was
WITHDRA WN by the County:
. Agenda #3, Case #CEPM 20090013071 - BCC vs. Edward A. & Paula L.
Kaulbars
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 - June 4, 2010
The Minutes of the Special Magistrate Hearing held on June 4,2010 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines: None
B. Motion for Extension of Time:
10. Case #CEPM 20090004566 - BCC vs. Edith Granados
The County was represented by Code Enforcement Property Maintenance Specialist
Joseph Mucha.
The Respondent was not present.
Attorney James L. Goetz represented Indy Mac Mortgage Services, a division of One
West Bank, FSB, as an interested party.
Violations: Collier County Code of Laws and 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 St. SW, Naples
Attorney Goetz stated a mortgage foreclosure proceeding was filed on September 8,
2008 and a Motion for Summary Judgment was filed in May 2009, but the Docket is
over-crowded. He stated Indy Mac does not own the property although Indy Mac
filed a Lien against the property. He noted the Operational Costs were paid, the Bank
has spent approximately $44,000 to repair the property, and some of the violations
have been satisfied.
Investigator Mucha stated the County would not object to a sixty-day (60) Extension
to obtain compliance.
The Special Magistrate GRANTED the Motion for Extension of Time and
requested Code Enforcement schedule the Hearing.
3
July 16,2010
V. PUBLIC HEARINGS
A. Stipulations:
13. Case #CEV 20100003971- BCC vs. Fritzner Valcin
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondent was also present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Toyota Camry inoperable
Folio No: 36313160009
Violation address: 2288 51 st Terrace SW, Naples, FL 34106
The Respondent resides at 2288 51st Terrace SW, Naples, Florida 34106.
A Stipulation was entered into by the Respondent on July 16, 2010.
Investigator Paul stated the Respondent agreed to the terms of the Stipulation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to repair the vehicle making it
operable, or store the vehicle in a completely enclosed structure, or remove it from
the premises, on or before the close of business on July 20,2010 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.
Ifnecessary, assistance may be requestedfrom 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 $112.29 on
or before August 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: $112.29
B. Hearings:
1. Case #SO 135310 - CEEX 20100008423 - BCC vs. Charles W. Cook
The Hearing was requested by the Respondent who was present.
Collier County Sheriff s Office Deputy Swales was also present.
Violations: Code of Law & Ord., Sec. 130-67
Handicapped space
Violation address: 6650 Collier Blvd, Wal-Mart
4
July 16,2010
The Respondent resides at 19 Jade Drive, Naples, Florida 34114.
The Respondent stated he applied for a Handicapped Parking Permit but did not have
the money to pay his physician who refused to sign the permit application until an
outstanding balance was paid.
The Deputy requested to dismiss the case since the Respondent has since obtained a
Handicapped Parking Permit.
The Special Magistrate DISMISSED the case as requested by the Collier County
Sheriff's Deputy.
2. Case #PR 042908 - CEEX 20100008328 - BCC vs. James B. Gunderson
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Kurt Araquistain was also present.
Violations: Code of Law & Ord., Sec. 130-67
Parked in Handicapped parking space, no Handicapped tag
Violation address: Bayview Park
The Respondent resides at 3975 Rum Road, Naples, Florida 34102.
The Respondent stated he launched his sail boat at approximately 7:30 AM and
parked the boat trailer in a parking spot. Because there were no available parking
spots when he was about to remove his boat, he attempted to "reserve" the same spot
by placing several items in it but were removed, and the spot was taken. In order to
avoid overhead power lines and also not block traffic, the Respondent parked the
trailer in the Handicapped spot while he lowered the boat's mast. He stated his
intention was to immediately vacate the Handicapped spot when it was safe to move
the boat. He noted he never left the vicinity of the parking spot while working on his
boat and was attempting to back out of the parking spot when the Citation was issued.
The Park Ranger introduced four photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. He stated the vehicle was
unattended when he observed the vehicle in the Handicapped parking spot.
The Respondent pointed out one of the photos showed the driver's door was open and
the engine was running, and he was walking around the trailer to inspect the boat
before leaving.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
5
July 16,2010
6. Case #CEV 20100006190 - BCC vs. Ernest J. Valdastri
The Hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was present and represented by Attorney Jerald Pitkin.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Recurring Violation: Inoperable and unlicensed vehicles parked/stored
on residential property.
Folio No: 49532360004
Violation address: 30 Creek Circle, Naples
The Respondent resides at 30 Creek Circle, Naples, Florida 34114.
Investigator Sykora stated a Stipulation was reached in the case and the violation had
been abated.
A Stipulation was entered into by the Respondent on July 16,2010.
Finding the Notice of Hearing was properly served andflnding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found NOT
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 $112.20 on or
before August 16, 2010.
Total Amount Due: $112.20
7. Case #CENA 20100006202 - BCC vs. Ernest J. Valdastri
The Hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was present and represented by Attorney Jerald Pitkin.
Violations: Collier County Code of Laws Chapter 54, Article VI, Section 54-179
and Section 54-181.
Recurring Violation: Litter consisting of, but not limited to, plastic
bottles, cans, tools, tires, automotive parts.
Folio No: 49532360004
Violation address: 30 Creek Circle, Naples
The Respondent resides at 30 Creek Circle, Naples, Florida 34114.
Investigator Sykora introduced the following photographs which were maked as
indicated and admitted into evidence:
· County Composite Exhibit "A" - three photographs, dated April 30, 2010
· County Exhibit "B" - one photograph, dated May 4, 2010
6
July 16,2010
She stated the current violations were abated but if the violations occur again, they
will be considered as a "repeat violation."
Attorney Pitkin referenced definition of "litter" in Section 54-178 of the Ordinance
and stated the items described in the Notice of Violation (motor vehicle parts and
tires) were not "...discarded, abandoned, or otherwise disposed of improperly ... "by
the Respondent. The items were not maintained or allowed to remain on the property
for an extended period of time. He stated the violations which were present on
April 30th were abated by May 4th as shown in County's Exhibit "B." Additionally,
the May 4th photograph shows a "new"violation which the Attorney stated was
evidence of the cleaning process which was taking place. He urged the Special
Magistrate to apply a common sense approach to the application of the Ordinance
since anyone who was in the process of cleaning out an area or re-organizing an
inventory would have a pile of "stuff' to be removed as part of the process. The
conditions were not recurring.
The Respondent stated the photographs taken on April 30th did show his items and
had previously been stored in a warehouse. He is in the process of selling items on
Craig's List, and in order to photograph them for sale, he is constantly re-arranging
the back room by taking items out and placing them back inside. Nothing remained
outside for more than one day. The Investigator's pictures showed the back patio and
not the front of the house.
He further stated the neighbors have entered his property, pushed vehicles out from
his car port to the Right-of-Way, taken pictures of supposed violations (a "photo
shoot") and then call Code Enforcement.
Investigator Sykora stated the Respondent has complied but have been a number of
complaints about the situation at his property.
The Respondent stated he was told by Code Enforcement as long as the items were
removed by the end of the day, it would not be a problem.
He also stated his items have value and is trying to sell them in order to paybills and
survive. He had initially planned to start his own business when he lost his job.
Attorney Pitkin stated the Respondent has between 20 to 50 ads on Craig's List and is
diligently trying to sell the items stored at his home.
Supervisor Patti Petrulli stated there have been 37 cases at the Respondent's address
since 2004. She prepared a packet of information on the violations and a diagram to
outline where to place his vehicles and items to avoid any violations.
The Special Magistrate stated the situation appears to be an on-going problem and
Code Enforcement is trying to help the Respondent remain in compliance.
Attorney Pitkin reiterated the items were not abandoned, discarded, or disposed of
improperly and noted there is a continuing rift between the Respondent and his
7
July 16,2010
neighbors. He stated the language in the Ordinance accommodates ordinary, human
events, such as working through transitions in people's lives following changes. He
further stated the County is cognizant of the personality issues within the
neighborhood and have been working with him. The Respondent is making progress
selling his personal inventory of merchandise.
The Special Magistrate suggested Attorney Pitkin and the Respondent confer with
Code Enforcement.
RECESS: 11:12 AM
RECONVENED: 11 :28 AM
Attorney Pitkin stated the Respondent has received varying messages from the
County and several neighbors and is confused. He maintains the Respondent may
have caused a temporary situation of an unsightly nature, but is not guilty of the
violation.
The Special Magistrate ruled that, based on the circumstance of this particular
instance, the Respondent was not in violation and warned the situation cannot
become on-going.
8. Case #CEV 20100006250 - BCC vs. Ernest J. Valdastri
The Hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was present and represented by Attorney Jerald Pitkin.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(B)
Recurring Violation: recreational vehicles not correctly parked or
stored on residential property and in the County's Right-of-Way.
Folio No: 49532360004
Violation address: 30 Creek Circle, Naples
The Respondent resides at 30 Creek Circle, Naples, Florida 34114.
Investigator Sykora introduced the following photographs which were maked as
indicated and admitted into evidence:
. County Composite Exhibit "A" - two photographs, dated April 30, 2010
. County Exhibit "B" - one photograph, dated May 4, 2010
She stated the violation had been abated.
The Respondent stated he did not own the boat and it was removed from his property.
Attorney Pitkin asked Investigator Sykora where the Respondent should store the
recreational vehicle on his property.
8
July 16,2010
The Investigator stated the Respondent's rear yard is different from most rear yards
because it is a corner lot, i.e., the portion of the lot opposite the street with the least
amount of frontage. She noted the diagram presented was not an exact diagram of the
Respondent's lot, but was offered as an example.
The Respondent presented two photographs, dated July 15,2010 which were marked
as Respondent's Composite Exhibit #1 and admitted into evidence.
Attorney Pitkin cross-examined Investigator Sykora referencing the photographs and
she concurred the recreational vehicle was properly parked.
Attorney Pitkin noted Section 2.0 1.00(B) of the Ordinance contains an exception for
recreational vehicles, i.e., "... provided, however, that such equipment may be parked
anywhere on the residential premises, other than on the County Right-of-Way or
Right-of-Way easement, for a period not to exceed six hours within a time period of
seven days for loading and unloading, and/or cleaning, prior to or after a trip. "
He further stated in order for the Respondent to mow the rear lot, it may be necessary
to move the recreational vehicle from time to time.
The Respondent stated he did not own the boat in the photograph. It was dropped off
at his property on April 30th by the owner who wanted him to "check it out." The
Respondent stated he was not home when the boat was dropped off. When he
returned, he called the owner and asked him to remove the boat. The R V was not in
its usual position on April 30th because the Respondent stated he was mowing the
lawn which took approximately four or five hours.
On May 4t\ the Respondent stated the RV parked on the side of the road because he
was taking his jet ski to the boat ramp and the trailer was too long for the driveway.
He left the vehicle only to obtain his flares and life jackets from inside the house.
The Special Magistrate ruled the Respondent was in violation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to relocate the recreational vehicle to
an enclosed structure, carport or rear yard, or to remove it from the premises.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112.20 on
or before August 16,2010.
Total Amount Due: $112.20
The Special Magistrate stated continually moving a vehicle from point to point on a
property to avoid a technical violation of the Ordinance is not in the spirit of the
Ordinance. She cautioned him to avoid the appearance of a violation in the future.
VI. NEW BUSINESS
9
July 16,2010
A. Motion for Imposition of Fines:
4. Case #CESD 20090010025 - BCC vs. James R. Bird
The County was represented by Code Enforcement Supervisor Kitchell Snow on
behalf ofInvestigator Weldon Walker.
The Respondent was present.
Katherine Bird, the Respondent's daughter, appeared as a witness.
Violations: Collier County Code of Laws, Chapter 22, Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and
Amendment of the Florida Building Code, Section 22-26(b)
(104.1.3.5)(106.1.2).
Shed in rear of property missing window/broken window. Two windows
and a door are boarded from the inside out. Main house has been re-
roofed with metal roof over roll. Permit was issued 12/02/98. Not co-ed.
Folio No: 32680280001
Violation address: 1420 Santa Rosa Ave, Immokalee
The Respondent resides at 1420 Santa Rosa Avenue, Immokalee, Florida 34142.
Investigator Snow stated the violation was abated as of July 8, 2010.
Fines have accrued at the rate of$150.00 per day for the period from June 5, 2010
through July 8, 2010 (34 days) for a total fine amount of$5,100.00.
Previously assessed Operational Costs of $112.56 have been paid.
The total amount due to date is $5,100.00.
Ms. Bird stated the shed was on the property when it was purchased approximately 30
years ago. It took a long time to empty the accumulated items. She and her brother
were not available to help their father until June. Additionally, Mr. Bird needed time
to save money to pay for the permit and for the dumpster
Investigator Snow stated the Respondent was confused about the time deadline and
thought he had additional time. He noted the family worked diligently to come into
compliance.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
8. Case #CEV 20100002334 - BCC vs. Robert Hoover Rev Trust
The County was represented by Code Enforcement Supervisor Cristina Perez.
The Respondent was present.
Violations: Ordinance(s) 04-41, as amended, the Collier County Land Development
Code; Section 2.01.00(A).
Recurring Violation: Unlicensed/inoperable vehicles stored outside on
Estates zoned property.
10
July 16,2010
Folio No: 37348360006
Violation address: 1280 25th St. SW, Naples
The Respondent, who resides at 1280 25th Street SW, Naples, Florida, is the Trustee
of the Robert Hoover Revocable Trust.
Supervisor Perez stated the violation has not been abated and fines continue to accrue.
Fines have accrued at the rate of$100.00 per day for the period from May 22,2010
through July 16,2010 (55 days) for a total fine amount of$5,500.00.
Previously assessed Operational Costs of$112.64 have not been paid.
The total amount due to date is $5,612.64.
The Respondent stated his mother-in-law recently passed away and he suffered a
stroke earlier in the year and has been diagnosed with bone cancer. He is receiving
Social Security Disability payments.
Supervisor Perez stated two of the vehicles were licensed on May 24, 2010 and only
one remains unlicensed. The Respondent stated it is operable and he is trying to sell
it.
The Special Magistrate CONTINUED the Motion to August 6, 2010 and ruled the
fines will be stayed. She suggested the Respondent pay the Operational Costs of
$112.64 as soon as possible.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. Case #CEPM 20080008180 - BCC vs. Graciela N. Susi
The County was requested by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22 Building
and Building Regulations, Article II, Florida Building Code,
Section 22-26(103.11.2)
No protective barrier-surrounding swimming pool.
Folio No: 49660105665
Violation address: 2130 Morning Sun Lane, Naples, FL
The Respondent stated her correct name is Graciela Diaz-Mainza, and resides at 4109
Covey Run, Naples, Florida 34109.
Supervisor Letourneau stated Part "B" of the Order was abated as of November 5,
2009 but has not abated Part "C" of the Order (install a permanent barrier), and fines
continue to accrue.
] 1
July 16,2010
Fines have accrued at the rate of $200.00 per day for the period from December 3,
2009 through July 16,2010 (226 days) for a total fine amount of $45,200.00.
Abatement costs incurred by the County in the amount of $750.00 have not been paid.
Previously assessed Operational Costs of $117.70 have not been paid.
The total amount due to date is $46,067.70.
Supervisor Waldron stated the Motion was made to amend the Order to include the
County's costs for abatement and to update the fines to the present date.
The Respondent stated the Bank informed her the property was to be sold in
foreclosure in February 2010 so she moved. She thought the Bank had acquired the
property.
Supervisor Waldron noted the foreclosure proceeding was dismissed by the Court and
the Respondent still owns the property.
The Special Magistrate GRANTED the County's Motion.
The Special Magistrate suggested the Respondent contact the Collier County Bar
Association's Foreclosure Task Force to discuss possible options.
V. PUBLIC HEARINGS
B. Hearings:
9. Case #CEPM 20080016337 - BCC vs. James K. & Deborah B. Towne
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joseph Mucha who was present.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (12c),
Vacant structure with damaged roof.
Folio No: 35759720004
Violation address: 4419 18th Ave SW, Naples
The Notice of Violation was posted at the property and the Courthouse on April 20,
2010. The Notice of Hearing was posted at the property and the Courthouse on
June 9, 2010.
Investigator Mucha introduced one photograph, dated April 20, 2010, which was
marked as County's Exhibit "A" and admitted into evidence. He stated the violation
has not been abated.
Finding the Notice of Hearing was properly served, the Respondents were found
12
July 16,2010
GUILTY of the alleged violation and ordered to hire a licensed General Contractor
to obtain required Permits, inspection, and a Certificate of Occupancy/Completion
for repair of the roofon or before August 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.
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 property
owners.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's 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 the case in the amount of $112.29 on
or before August 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: $112.29
10. Case #CEPM 20100001420 - BCC vs. Joseph & Karen Salvatoriello
The Hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Building
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)(12n).
A private dwelling swimming pool that has been improperly maintained
so as to create a safety hazard or harbor insect infestation. Water has
been allowed to stagnate and become polluted with green algae. The
pool screen enclosure is torn and the doors are unsecured allowing
possible access to the pool area.
Folio No: 71373120002
Violation address: 18445 Royal Hammock Blvd, Naples
The Notice of Hearing was posted at the property and the Courthouse on June 28,
2010.
Investigator Sykora introduced five photographs, dated May 13,2010, which were
marked as County's Composite Exhibit "A" and admitted into evidence. She 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:
(1) chemically treat the pool water to kill the algae and provide bi-weekly
treatments to maintain clean pool water on or before July 19, 2010 or afine of
13
July 16,2010
$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;
-OR-
(2) chemically treat the pool water and cover the pool to prevent the intrusion of
rain water, pursuant to HUD standards, on or before July 19,2010 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.
The Respondents were further ordered to repair the screened pool enclosure and
secure the doors to the screened pool enclosure on or before July 19,2010 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 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 property
owners.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's 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 the case in the amount of $112.29 on
or before August 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: $112.29
15. Case #CEV 20100003067 - BCC vs. Edita Technical Land Trust. Kollar
Trust
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondents were not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 4.05.03,
Vehicles parked on grass
Folio No: 36300080008
Violation address: 1983 Hunter Blvd, Naples
The Notice of Hearing was posted at the property and the Courthouse on June 25, 2010.
Investigator Paul introduced four photographs that were marked as County Exhibits
"A" through "D" and admitted into evidence. He stated the violation has not been
abated.
Finding the Notice of Hearing was properly served, the Respondents were found
14
July 16,2010
GUILTY of the alleged violation and ordered to remove all vehiclesfrom thefront
yard and park them on a stabilized pervious or imperviously-treated surface on or
before July 19,2010 or afine of $50. 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 property
owners.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's 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 the case in the amount of $112.29 on
or before August 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: $112.29
C. Emergency Hearings: None
RECESS: 1:00 PM
RECONVENED: 1:05 PM
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CESD 20090015977 - BCC vs. Timothv S. Nelson
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 1O.02.06(B)(I)(a) and Florida Building Code, 2007 Edition,
Chapter 1, Section 105.1.
Unpermitted screened porch and unpermitted shed on property.
Folio No: 22623200003
Violation address: 3461 Verity Lane, Naples
The Notice of Hearing was posted at the property and the Courthouse on July 6, 2010.
Investigator Sorrels stated the violation has not been abated and fines continue to
accrue.
Fines have accrued at the rate of$100.00 per day for the period from June 17,2010
through July 16,2010 (30 days) for a total fine amount of$3,000.00.
15
July 16,2010
Previously assessed Operational Costs of $112.64 have not been paid.
The total amount due to date is $3,112.64.
The Special Magistrate GRANTED the County's Motionfor Imposition of Fines in
the total amount of $3,112.64 and notedfines continue to accrue.
2. Case #CEPM 20090015979 - BCC vs. Timothv S. Nelson
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231 (12)(c), 22-231 (12)(i) 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, Naples
The Notice of Hearing was posted at the property and the Courthouse on July 6,2010.
Investigator Sorrels stated the violation has not been abated and fines continue to
accrue.
Regarding Part "B," fines have accrued at the rate of $250.00 per day for the period
from June 17,2010 through July 16,2010 (30 days) for a total fine amount of
$7,500.00.
Regarding Part "C," fines have accrued at the rate of $250.00 per day for the period
from April 24, 2010 through July 16, 2010 (84 days) for a total fine amount of
$21,000.00.
Previously assessed Operational Costs of$112.82 have not been paid.
The total amount due to date is $28,612.82.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $28,612.82 and notedfines continue to accrue.
5. Case #CEPM 20080003112 - BCC vs. Jawed Dass & Mussarat Jawed
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15).
Pool water is black and filled with algae.
Folio No: 51147040121
Violation address: 8086 Tauren Court, Naples
]6
July 16,2010
The Notice of Hearing was posted at the property and the Courthouse on June 22,
2010.
Supervisor Letourneau stated the violation was abated as of March 8, 2010.
Fines have accrued at the rate of $250.00 per day for the period from January 26,
2009 through March 8, 2010 (42 days) for a total fine amount of$IO,500.00.
Abatement costs incurred by the County in the amount of$816.80 have not been paid.
Previously assessed Operational Costs of$112.49 have not been paid.
The total amount due to date is $11,429.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $11,429.29.
6. Case #CEPM 20100003246 - BCC vs. Raul & Martha Reves
The County was represented by Code Enforcement Investigative Supervisor Cristina
Perez.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section(S) 22-231 (15) and 22-231 (12)(1)
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, Naples
The Notice of Hearing was posted at the property and the Courthouse on June 17,
2010.
Supervisor Perez stated the violation was abated as of May 21, 2010.
Regarding Part "B," fines have accrued at the rate of $250.00 per day for the period
from April 27, 2010 through May 21, 2010 (25 days) for a total fine amount of
$6,250.00.
Regarding Part "C," fines have accrued at the rate of $250.00 per day for the period
from April 27, 2010 through May 21,2010 (25 days) for a total fine amount of
$6,250.00.
Abatement costs incurred by the County in the amount of $584.00 have not been paid.
Previously assessed Operational Costs of $112.91 have not been paid.
The total amount due to date is $13,196.91.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $13,196.91.
17
July 16,2010
7. Case #CEPM 20090005155 - BCC vs. Andrew Miller & Lauren Gilbert
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Private swimming pool not maintained containing green, polluted, algae
filled water conducive to insect infestation.
Folio No: 49660104585
Violation address: 2063 Morning Sun Lane
The Notice of Hearing was posted at the property and the Courthouse on June 22,
2010.
Supervisor Letourneau stated the violation was abated as of February 3, 2010.
Fines have accrued at the rate of$250.00 per day for the period from December 15,
2009 through February 3, 2010 (51 days) for a total fine amount of$12,750.00.
Abatement costs incurred by the County in the amount of$795.00 have not been paid.
Previously assessed Operational Costs of $112.29 have not been paid.
The total amount due to date is $13,657.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $13,657.29.
9. Case #CEPM 20090015934 - BCC vs. Bryon & Stephanie Goldizen
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15).
Swimming pool not maintained, containing stagnate, algae filled water
conducive to harboring insect infestation.
Folio No: 64626000103
Violation Address: 3036 Old Cove Way, Naples
Supervisor Letourneau stated the violations were abated as of March 9, 2010.
Fines have accrued at the rate of $250.00 per day for the period from January 26,
2009 through March 9,2010 (43 days) for a total fine amount of$IO,750.00.
Abatement costs incurred by the County in the amount of$877.20 have not been paid.
18
July 16,2010
Previously assessed Operational Costs of$112.29 have not been paid.
The total amount due to date is $11,739.49.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $11,739.49.
VII. OLD BUSINESS
B. Motion to Amend Previously Issued Order:
2. Case #CEPM 20090008987 - BCC vs. Jerry D. & Susan E. Currie
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (15).
Pool is green, stagnant, and not maintained.
Folio No: 36248400009
Violation Address: 1797 54th St. SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on July 2,2010.
Supervisor Letourneau stated the violation was abated as of May 14,2010.
Fines have accrued at the rate of $1 00.00 per day for the period from September 26,
2009 through May 14,2010 (231 days) for a total fine amount of$23,100.00.
Abatement costs incurred by the County in the amount of$750.00 have not been paid.
Previously assessed Operational Costs of $117.96 have not been paid.
The total amount due to date is $23,967.96.
The Special Magistrate GRANTED the County's Motion to Amend Previously
Issued Order to include the abatement costs of $750. 00 and to bring the amount of
thefines current,for a total amount due of$23,967.96.
3. Case #CEPM 20080003635 - BCC vs. Brian & Sylvia Christopher
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231, Subsection 15.
Private pool maintenance violation, water is in algaed and stagnant
condition.
Folio No: 68827502859
Violation address: 341 Ibis Way, Naples
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July 16,2010
Supervisor Waldron stated the Motion was made to include the authority for the
County to abate the violations if the Respondents have not complied by the deadline.
The Special Magistrate GRANTED the County's Motion to Amend Previously
Issued Order.
C. Motion to Rescind Previously Issued Order:
1. Case #CEPM 20100003306 - BCC vs. Vanessa L. Curley-Friedland
The Hearing was requested by Code Enforcement Investigative Supervisor Jennifer
Waldron.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances Chapter 22 Buildings
and Building Regulations, Article VI Property Maintenance Code,
Section 22-231 (15)
Failure to maintain private swimming pool.
Folio No: 59940900046
Violation Address: 5181 Mahogany Ridge Drive, Naples
Supervisor Waldron stated the Motion was made because the property was acquired
by a bank and the violations have been abated.
The Special Magistrate GRANTED the County's Motion to Rescind Previously
Issued Order.
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 three 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
August 6,2010 at 9:00 AM, located at the Collier County Government Center,
Administrative Building "F," 3rd Floor, 3301 East Tamiami Trail, Naples, Florida.
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July 16,2010
There being no further business for the good of the County, the Hearing was
adjourned by Order of the Special Magistrate at 1:31 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented , or as amended
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