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CESM Minutes 08/06/2010 August 6, 2010 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 6, 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: August 6, 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 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. APPROV AL OF AGENDA III. APPROVAL OF MINUTES - July 16,2010 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations B. Hearings I. CASE NO: OWNER: OFFICER: VIOLA TIONS: SO 172371-CEEX20 1 00008037 TIMOTHY C. JUNTUNEN DEPUTY PAIGE LONG CODE OF LAW & ORD., SEe. 130-67 HANDICAPPED SPACE/PARKED ON HASH MARKS VIOLA TION ADDRESS: PUBLlX, 5604 STRAND BLVD 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 TION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLA TION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLA TION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLA T10N ADDRESS: SOI72390-CEEX20100009496 MICHAEL A. NOVAKOWSKI DEPUTY PAIGE LONG CODE OF LA W & ORD., SEe. 130-67 HANDICAPPED SPACE/PARKED ON HASH MARKS WAL-MART, 11225 TAMIAMI TRL S001226-CEEX20100009816 MABEL MUNGUIA CORPORAL D. CHRISTIANSEN CODE OF LA W & ORD., 54-93, SECTION 12 UNREASONABLY LOUD MUSIC HEARD FROM ROADWAY AND BY NEIGHBOR 3 HOUSES AWAY. WARNED ON 6/21/2009 FOR SAME ISSUE, LARGE HOUSE PARTY. 6158 SEA GRASS LANE, NAPLES PR044683-CEEX20 100008697 PAULA L. BOWINS PARK RANGER CINDE KAVAN CODE OF LAW & ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT 951 BOAT RAMP PR044667 -CEEX20 100009901 ALFREDO R. SALINAS PARK RANGER CYNTHIA GA YNOR CODE OF LAW & ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT 951 BOAT RAMP PR044670-CEEX20 1 00009902 ALFREDO R. SALINAS PARK RANGER CYNTHIA GAYNOR CODE OF LAW & ORD., SEC. 130-67 FAILURE TO DISPLAY HANDICAPPED STICKER 951 BOAT RAMP DASl1912-CEEX20100007418 PENELOPE MAROULES OFFICER PAUL MORRIS CODE OF LAW & ORD., 2008-51, SEC. 8-1(4) BARK, WHINE, HOWL, AND CAUSE OTHER OBJECTIONABLE NOISE (BIRD) 164 CORAL VINE DRIVE, NAPLES 2 8. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLA TION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA T10N ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: DAS12199-CEEX20100009666 TRACY FLANIGAN OFFICER K. ZEITLER CODE OF LAW & ORD., 2008-51, SEC. 8-I-b ALLOW DOG TO RUN AT LARGE 50TH AVE NE, NAPLES CEV20100007074 TIMOTHY STEINER INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.0 1.00(A) TRAILERS ON SITE WITH INVALID PLATES. 38160640000 6291 COPPER LEAF LANE, NAPLES CESD20090005153 LUIS EDUARDO VENEGAS INVESTIGATOR CARMELO GOMEZ FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1 CONVERSION OF GARAGE INTO ADDED LIVING SPACE 36442760008 5043 28TH PL SW, NAPLES CEPM20100002536 CHAD A. & CRYSTAL M. SHANNON INVESTIGATOR JAMES KINCAID COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (15), POOL IN BACK YARD WITH GREEN STAGNATE WATER. 25117600268 6654 CASTLELA WN PLACE, NAPLES CEROW20090019407 MA TTHEW J. RYAN INvESTIGA TOR JONATHAN MUSSE COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 110, ROADS AND BRIDGES, ARTICLE 11 CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110-31 (a), PERMIT #20924-E FOR A "REPLACE CULVER AND DRIVEWAY" EXPIRED ON 1 0-31-04 WITHOUT OBTAINING ALL INSPECTIONS AND APPROVAL. 62841200007 569 I 04TH AVE N, NAPLES 3 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: 17. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CEPM20100005355 OLGA NIKOLAKOPOULOS INvESTIGA TOR CARMELO GOMEZ COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15), POOL WATER BLACK. 23971640000 1412 MONARCH CIRCLE, NAPLES CEPM20090017757 JUAN CARLOS AYALA & ERICKA PEREA INVESTIGATOR CAROL SYKORA COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE VI, SECTION 22-243. ABANDONED AND DILAPIDATED STRUCTURE ON MOBILE HOME ZONED PROPERTY. 00766600003 17027 BLUE HERON DRIVE, NAPLES CEPM20100002802 GABRIELA GUZMAN INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231, SUBSECTIONS 1,9, 12b, 121, 120, 12p, 19, AND 20, VACANT MOBILE HOME WITH SEVERAL PROPERTY MAINTENANCE VIOLATIONS. 00765000002 17034 LOCKHART DRIVE, 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 CEV20090017598 JOHN MILLS INVESTIGA TOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.0 J .OO(A) AND SECTION 2.0 1.00(B)UNLlCENSED/INOPERABLE RECREATIONAL BOAT TRAILER IS IMPROPERLY PARKED ON RESIDENTIAL PROPERTY. 68344080003 105 MOON BAY STREET, NAPLES 4 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: VI. NEW BUSINESS CEPM20090012924 MARY & DAMIANO BAVARO INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY CODE OF LA WS AND ORDINANCE, CHAPTER 22, ARTICLE VI, SECTION 22-231(15), SWIMMING POOL WATER IS BLACK, FILLED WITH ALGAE AND STAGNATING. 69060108488 14131 FALL CREEK CT, NAPLES A. Motion for Imposition of Fines: I. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CENA20090005196 STEVEN F. CAMACHO INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LA WS, 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 GOOD LAND DRIVE EAST, NAPLES CENA20090007984 JULIAN H. CAMACHO INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181 AND SECTION 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. 66680280006 338 PETTIT DRIVE, GOODLAND 5 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: VII. OLD BUSINESS CEV20090007995 JULIAN H. CAMACHO INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION 2.0 1.00(A). SEVERAL TYPES OF TRAILERS AND RECREATIONAL CAMPER LOCATED ON PROPERTY ARE UNLICENSED AND/OR INOPERABLE. 66680280006 338 PETTIT DRIVE, GOODLAND CEPM20080010842 JOHANN & AST A MARTI INVESTIGA TOR JOSEPH MUCHA COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231, SUBSECTION 2-5,8-11, 12(b), 12(c), 12(i)-12(m), 12(0), 12(p), 12(r), 19 AND 20. RENTAL PROPERTY WITH SEVERAL MINIMUM HOUSING VIOLATIONS. 61481640002 1888 AIRPORT ROAD SOUTH, NAPLES CEV20100002334 ROBERT HOOVER REV TRUST INvESTIGA TOR CAROL SYKORA ORDINANCE(S) 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE; SECTION 2.0 1.00(A). RECURRING VIOLATION OF UNLICENSED/INOPERABLE VEHICLES STORED OUTSIDE ON ESTATES ZONED PROPERTY. 37348360006 1280 25TH ST SW, NAPLES 2007070651 JAMES M. POTEET INVESTIGA TOR AZURE SORRELS COLLIER COUNTY ORDINANCE 2004-58, SEC(S) 12. ALLOWING A DANGEROUS AND HAZARDOUS BUILDING TO EXIST ON RESIDENTIAL PROPERTY WITHOUT MAINTENANCE, CREATING A THREAT TO THE SAFETY AND WELFARE OF BOTH THE OCCUPANTS AND THE GENERAL PUBLIC OF COLLIER COUNTY. 68342680007 71 ISLE OF ST. THOMAS, NAPLES A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: 6 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: September 3,2010 at 9:00 A.M. located at the Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida XI. ADJOURN 7 August 6, 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: 9:38 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item III, "Approval of the Minutes," the following Minutes were ADDED: . Intersection Safety Program Hearing Minutes for August 2, 2010 (b) Under Item IV (B), "Motion for Extension of Time," the following case was ADDED: . Case #CEAU 20090008537 - BCC vs. Anton Karaba and Eva Karabova (c) Under Item V (A), "Public Hearings," a STIPULA TION was reached in the following case: . Agenda #10, Case #CESD 20090005153 - BCC vs. Luis Eduardo Venegas (d) Under Item V (B), "Hearings," the following cases were WITHDRAWNby the County: . Agenda #1, Case #SO 172371 - CEEX 20100008037 - BCC vs. Timothy C. Juntunen · Agenda #5, Case #PR 044667 - CEEX 20100009901- BCC vs. Alfredo R. Salinas · Agenda #6, Case #PR 044670 - CEEX 20100009902 - BCC vs. Alfredo R. Salinas · Agenda #8, Case #DAS 12199 - CEEX 20100009666 - BCC vs. Tracy Flanigan · Agenda #9, Case #CEV 20100007074 - BCC vs. Timothy Steiner · Agenda #13, Case #CEPM 20100005355 - BCC vs. Olga Nikolakopoulos · Agenda #14, Case #CEPM 20090017757 - BCC vs. Juan Carlos Ayala & Ericka Perea · Agenda #16, Case #CESD 20090016653 - BCC vs. John Mills · Agenda #17, Case #CEV 20090017598 - BCC vs. John Mills 2 August 6, 2010 (e) Under Item V (C), "Emergency Cases." the following case was ADDED: . Case #CEPM 20100009984 - BCC vs. Albert Houston, Sr. (1) Under Item VI (A), "Motion for Imposition of Fines," the following case was WITHDRA WN by the County: . Agenda #4, Case # CEPM 20080010842 - BCC vs. Johann & Asta Marti (g) Under Item VII (B), "Motion to Rescind Previously Issued Order," the following case was ADDED from the Intersection Safety Program: . Notice #1361000094263 - BCC vs. Karyn M. Zarlenga 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 - July 16,2010 and August 2, 2010 The Minutes of the Special Magistrate Hearing held on July 16,2010 were reviewed by the Special Magistrate and approved as submitted. The Minutes of the Intersection Safety Program Hearing held on August 2,2010 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: Case #CEAU 20090008537 - BCC vs. Anton Karaba and Eva Karabova The County was represented by Code Enforcement Investigator Azure Sorrels. The Respondents were not 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 Violation address: 12243 Fuller Lane, Naples 34113 The Special Magistrate noted Respondent, Eva Karabova, submitted a document entitled "Reaction on the Order" dated July 25, 2010, and read the following. "L Eva Karabova, am askingfor more time, about 3 months, to react to your Order from the letter we received on July 16, 2010 because my husband is not home and I don't know what to do. " 3 August 6, 2010 The Order was entered on July 15,2010 and the Respondents were present for the initial Hearing. Investigator Sorrels stated the Respondents have not contacted her. The Special Magistrate DENIED the Respondents' Motion for an Extension of Time due to lack of legal basis. V. PUBLIC HEARINGS A. Stipulations: 10. Case # CESD 20090005153 - BCC vs. Luis Eduardo Vene2;as The Hearing was requested by Code Enforcement Investigator Carmelo Gomez who was present. The Respondent was present earlier, but left before the Case was heard. Violations: Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Conversion of garage into added living space Folio No: 36442760008 Violation address: 5043 28th Place SW, Naples A Stipulation was entered into by the Respondent on August 6, 2010. Investigator Gomez 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 obtain all inspections and a Certificate of Completion under Demolition Permit #2010040438 on or before October 6,2010 or afine of $200. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the 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 September 6, 2010. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator petform a site inspection to confirm compliance. Total Amount Due: $112.29 4 August 6, 2010 B. Hearings: 3. Case #SO 01226 - CEEX 20100009816 - BCC vs. Mabel MUDlwia The Hearing was requested by the Respondent who was present. Collier County Sheriff's Office Deputy Corporal D. Christiansen was also present. Violations: Code of Law & Ord., 54-93, Section 12 Unreasonably loud music heard from roadway and by neighbor three houses away. Warned on 06/2112009 for the same issue -large house party. Violation address: 6158 Sea Grass Lane, Naples The Respondent resides at 6158 Sea Grass Lane, Naples, Florida. A pool party was held at the Respondent's home on July 18,2010. She was advised by the Deputy that the music was too loud and was issued a "ticket." She stated she should have received a warning first as she had the previous year. She contended the music was not too loud. Cpl. Christiansen stated the complaint was made by a neighbor residing at 6130 Sea Grass Lane which is three houses away from the Respondent's property. The neighbor stated his windows were vibrating from the bass and had been constant since 2:00 PM that day. The Officer stated he heard the music and felt the vibrations as he approached the Respondent's home. The party started at 4:00 PM and the complaint was made at 9:00 PM. The Special Magistrate stated the Ordiance did not provide for "warnings" to be given before a Citation is issued. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay a civilflne in the amount of $100.00 plus an administrativefee of $5. 00 on or before September 6,2010. The Respondent was 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 September 6,2010. Total Amount Due: $155.00 7. Case #DAS 11912 - CEEX 20100007418 - BCC vs. Penelope Maroules The Hearing was requested by the Respondent who was present. Collier County Domestic Animal Services Officer Paul Morris was also present. Several witnesses appeared on behalf of both parties. Violations: Code of Law & Ord., 2008-51, Sec. 8-1(4) Bark, whine, howl, and cause other objectionable noise (bird) Violation address: 164 Coral Vine Drive, Naples 5 August 6, 2010 The Respondent resides at 164 Coral Vine Drive, Naples, Florida, and received a Citation in May 2010. She stated she was on vacation when the complaints were made and asserted her birds were locked inside her house with the doors and windows closed. She further stated several DAS officers had come to her house on ten previous occasions but she was not cited for excessive or loud noise during any of their visits. Maryann Marks, the "sitter, " submitted an Affidavit describing the birds behavior while she caredfor them. Other Affidavits were submitted by five neighbors attesting they were not disturbed by the birds. The Respondent cited from Section 8(h) of the Ordinance as follows: "It is unlawful for the owner of an animal to allow or permit his/her animal to bark, whine, howl, or cause other objectional noise which is offensive and of such duration of time so as to create a nuisance. " The Respondent noted the Ordinance did not define "duration of time," and requested the Citation be dismissed due to misrepresentation of the situation by the complaining party. There was never continuous noise from her birds. The Special Magistrate noted the Respondent and the County had submitted Affdavits and asked each if they would allow her to consider the Affidavits because the documents were, technically, hearsay. There was agreement. Maryann Marks appeared as a witness for the Respondent. She resides on Bayshore Drive in Naples, works with the Respondent, and cared for the birds while the Respondent was on vacation. . When she arrived at the Respondent's home, it was quiet. . The two birds "talked to her" for approximately 1 to 1 12 hours. . She placed the birds on the lanai in order to clean their cages and stated "They may have squawked once or twice during the time I was there." Officer Morris stated the Citation was issued based upon the Affidavits received by Domestic Animal Services. He stated there were witnesses who would apprear. Daniel Wilkins appeared as a witness for the Respondent. He resides with the Respondent and stated the birds can be animated at times as "part of their nature" but the squawking was not constant or continuing. He admitted he finds screeching annoying and he and the Respondent do everything possible to control the birds. The birds are not outside after approximately 7:00 PM. The Respondent stated she has had birds at her home for the past fifteen years. She was concerned about the complaints and asked surrounding neighbors if the birds "bothered" them but no one has complained. 6 August 6, 2010 Officer Morris called Ilse Kastner, who resides at 163 Flame Vine Drive, as the first witness for the County. She stated she and her guests were sitting on her lanai at the end of March when she observed the white bird, screeching and "talking," had walked over to her driveway and sat there until the Respondent retrieved it. On another occasion, she was unloading groceries on a Friday evening and saw the white bird walk into her garage. The Respondent again retrieved it. Mrs. Kiastner stated it is not fair to subject everyone to the noise made by the birds who spend a great deal of time on the Respondent's lanai. She stated her property backs up to the Respondent's property. The Respondent asked Mrs. Kastner if she ever called to complain about the noise and Mrs. Kastner responded negatively. Joe Ascolese, who resides at 159 Flame Vine Drive, testified for the County: . The noise has been an ongoing problem since 1998, and he has appeared before Judge Turner for the same situation. . The duration of the noise has ranged from two blasts to an hour of constant screeching at any point from 7 :00 AM until dusk. . The Respondent's lanai is approximately 35 feet from Mrs. Kastner's house and his property is to the left of Mrs. Kastner. . During one event, the bird crashed into his house and laid on the grass until it was retrieved by the gentleman approximately ten minutes later. . The Respondent's birds are allowed to wander. . The screeching has been measured at 63.2 decibels - it is so loud that he cannot keep his doors or windows open. . There was a Code Enforcement ruling in 2001 and the situation became a problem again. The Respondent asked the witness ifhe ever called to complain about the noise. Mr. Ascolese stated he handled things through Code Enfocement and the police. Eleanor Donahoe, who resides at 167 Flame Vine Drive, testified: . Her property abuts the Respondent's property in the back. . The neighbors across the street from the front of the Respondent's house may not hear the same noise as those in the rear of the property. . The noise level is disturbing and annoying.. When asked by the Respondent if she had ever called, the witness stated she did call the Respondent approximately eight years earlier. Ms. Donahoe left three voice messages. When the problem continued, she knocked on the Respondent's front door but no one answered. She called Animal Control concerning the most recent incidents. Gordon Rama, who resides at 167 Flame Vine Drive, testified: . He has lived at the residence for approximately one year. · The duration has lasted longer than one hour up to an entire evening for each occurrence. · The severity of noise can be heard from one-quarter of a mile away. 7 August 6, 2010 . He is a retired automotive engineer with experience in noise abatement and estimated the decibels to be over 60 which is quite loud. The Special Magistrate noted due to the number of Affidavits to be read and considered, she would take the case under advisement and rule at a later time. The Respondent reiterated the birds are kept inside her house except for a few times when they are allowed outside with supervision. VI. NEW BUSINESS A. Motion for Imposition of Fines: 6. Case #2007070651 - BCC vs. James M. Poteet The County was represented by Code Enforcement Investigator Azure Sorrels. The Respondent was present. Violations: Collier County Ordinance 2004-58, Sec(s). 12 Allowing a dangerous and hazardous building to exist on residential property without maintenance, creating a threat to the safety and welfare of both the occupants and the general public of Collier County. Folio No: 68342680007 Violation address: 71 Isle of St. Thomas, Naples The Respondent resides at 71 Isle of St. Thomas, Naples, Florida. Investigator Sorrels stated the violations were abated as of April 21, 2009. Fines have accrued at the rate of $1 00.00 per day for the period from June 17, 2008 through Apri121, 2009 (309 days) for a total fine amount of$30,900.00. Previously assessed Operational Costs of$338.58 have been paid. Abatement costs incurred by the County in the amount of $4,632.50 have been paid. The total amount due to date is $30,900.00. The Investigator stated the Respondent received grants through the County's Housing and Human Services Department. She presented photographs of the Respondent's home taken in 2007 and contrasted them with the new home in which he and his family presently live. She stated the process of submitting paperwork and additional documentation was time consuming, and fines continued to accrue. The Special Magistrate DENIED the County's Motion for Imposition of Fines. RECESS: 11:51 AM RECONVENED: 11:07 AM 8 August 6, 2010 V. PUBLIC HEARINGS B. Hearings: 2. Case #SO 172390 - CEEX 20100009496 - BCC vs. Michael A. Novakowski The Hearing was requested by the Respondent who was not present. Collier County Sheriff s Office Deputy Paige Long was present. Violations: Code of Law & Ord., Sec. 130-67 Handicapped space/parked on hash marks Violation address: Wal-Mart, 11225 Tamiami Trail The Notice of Hearing was sent via Certified Mail on July 22,2010. Deputy Paige observed the Respondent's motorcycle was located between two cars which were parked in Handicapped Parking spaces. The motorcycle was parked in the hash marked (striped) area adjacent to a Handicapped Parking spot and blocked access to a car on the right, making it difficult for the vehicle's owner to use his walker. She introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. 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 pay a civilfine in the amount of $250.00 plus an administrativefee of $5. 00 on or before September 6,2010. The Respondent was further 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 September 6, 2010. Total Amount Due: $305.00 4. Case #PR 044683 - CEEX 20100008697 - BCC vs. Paula L. Bowins The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Cinde Kavan was present. Violations: Code of Law & Ord., Sec. 130-66 Failure to display paid launch receipt Violation address: 951 Boat Ramp The Notice of Hearing was sent via Certified Mail on July 22,2010 and delivered on July 24, 2010. Park Ranger Kavan observed a vehicle that did not display a paid launch receipt at the 951 Boat Ramp and issued a Citation.. She introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. 9 August 6, 2010 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay a civilfine in the amount of $30.00 plus an administrativefee of $5. 00 on or before September 6, 2010. The Respondent was further 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 September 6, 2010. Total Amount Due: $85.00 C. Emergency Hearings: Case #CEPM 20100009984 - BCC vs. Albert Houston. Sr. The Hearing was requested by Code Enforcement Investigator Kitchell Snow. The Respondent was not present. Violations: Collier County Code of Laws and Ordinances Chapter 22, Buildings and Building Regulations, Aritcle VI, Property Maintenance Code, Sections 22-231, 12(b), 12(d), 12(P), 12(c), 12(i), 12(1), and 8 Vacant/abandoned unsecured structure used for prostitution and drug activity with numerous Property Maintenance Violations to include, but not limited to, leaks in the roof, exposed above-ground sewer pipes, broken windows interior and exterior walls in poor condition Folio No.: 66930160009 Violation address: 433 Carver Street, Immokalee, FL 34143 The Notice of Hearing was posted at the property and Courthouse on August 5, 2010. Investigator Snow and Collier County Sheriffs Office Lt. Drew Lee investigated the site. Investigator Snow submitted several photographs which were marked as County's Composite Exhibits "B" and "C" and admitted into evidence as for the Civil case. Lt. Lee submitted 16 photographs which were marked as County's Composite Exhibit "A" and admitted into evidence for the Criminal case. Both described a run-down building with broken windows, lacking sanitary facilities, filled with trash and bio-hazardous materials, and located in close proximity to an elementary school. The structure has been used recently for criminal activities including prostitution and drug use. Invesitgator Snow stated there was "no redeeming value in maintaining the structure." Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to obtain a Collier County Boarding Permit and board the structure on or before August 8,2010 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. 10 August 6, 2010 The Respondent was further ordered to obtain either a Collier County Building Permit, all required inspections and a Certificate of Completion to repair the damage or a Collier County Demolition Permit, all required inspections, and a Certificate of Completion to completely remove the structure on or before August 20,2010 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 property owners. 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 $112.73 on or before September 6, 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: $112.73 The Special Magistrate questioned the necessity to offer an option to the Respondent to board the structure. Investigator Snow stated the County would abate the violations by demolition at the end of the fourteen-day period. B. Hearings: 11. Case #CEPM 20100002536- BCC vs. Chad A. & Crystal M. Shannon The Hearing was requested by Code Enforcement Investigator James Kincaid who was present. The Respondents were not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 (15) Pool in back yard with green stagnate water. Folio No: 25117600268 Violation address: 6654 Castle1awn Place, Naples The Notice of Hearing was posted at the property and Courthouse on July 19,2010. Investigator Kincaid introduced two photographs taken on February 25, 2010 which were marked as County's Composite Exhibit "A" and two photographs taken on August 5, 2010 which were marked as County's Composite Exhibit "B" and both were admitted into evidence. 11 August 6, 2010 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 the close of business on August 9,2010 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; -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 the close of business on August 9,2010 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$112.20 on or before September 6, 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: $112.20 12. Case #CEROW 20090019407 - BCC vs. Matthew J. Rvan The Hearing was requested by Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 1l0-31(a) Permit #20924-E for a "replace culvert and driveway" expired on 10-31- 2004 without obtaining all inspections and approval. Folio No: 62841200007 Violation address: 569 104th Ave N, Naples The Notice of Hearing was posted at the property and Courthouse on July 19, 2010. Investigator Musse introduced a copy of Permit #20924- E which was marked as County's Exhibit "A" and two photographs which were marked as County's Composite Exhitib "B" and admitted into evidence. 12 August 6,2010 He noted the property was vacant and in the foreclosure process. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to obtain a Collier County Right-of- Way Permit, all required inspections, and a Certificate of Completion on or before September 6, 2010 or a fine 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 property owner(s). 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 $112.29 on or before September 6,2010. 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 15. Case #CEPM 20100002802 - BCC vs. Gabriela Guzman The Hearing was requested by Code Enforcement Property Maintenance Specialist Joseph Mucha who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231, Subsections 1,9, 12b, 121, 120, 12p, 19, and 20 Vacant mobile home with several property maintenance violations. Folio No: 00765000002 Violation address: 17034 Lockhart Drive, Naples The Notice of Hearing was posted at the property and Courthouse on July 21, 2010. Investigator Mucha introduced 31 photographs taken on February 17,2010 which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated seven individuals were living in the structure and five were unrelated. The owner's brother stated he would demolish the mobile home in March but the violations remain. 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 Occupancy or Completion to either repair the violations cited in the Property Maintenance Inspection Report or to demolish the structure on or before September 6, 2010 or a 13 August 6, 2010 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 property owner(s). 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 September 6, 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 RECESS: 12:00 PM RECONVENED: 12:10 PM 18. Case #CEPM 20090012924 - BCC vs. Mary & Damiano Bavaro The Hearing was requested by Code Enforcement Investigative Supervisor Cristina Perez who was present on behalf of Investigator Patrick Baldwin. The Respondents were not present. Violations: Collier County Code of Laws and Ordinance, Chapter 22, Article VI, Section 22-231 (15), Swimming pool water is black, filled with algae and stagnating. Folio No: 69060108488 Violation address: 14131 Fall Creek Ct, Naples The Notice of Hearing was posted at the property and Courthouse on July 27, 2010. Supervisor Perez stated the owners moved out of state, and the property is vacant. She introduced two photographs taken on August 7,2009 and August 5, 2010 by Investigator Patrick Baldwin. The photographs were marked as County's Exhibits "A" and "B" and were admitted into evidence. The violation has not been abated. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to either: (1) chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water on or before the close of business on August 9,2010 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; 14 August 6, 2010 -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 the close of business on August 9,2010 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 $112.3 8 on or before September 6,2010. 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 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CENA 20090005196 - BCC vs. Steven F. Camacho The County was represented by Code Enforcement Investigator Michele McGonagle. 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 Good1and Drive East, Naples The Notice of Hearing was sent via Certified Mail on July 23,2010 and delivered on July 29,2010. The property and Courthouse were posted on July 19,2010. Investigator McGonagle stated the violations have not been abated. Fines have accrued at the rate of $50.00 per day for the period from July 8, 2010 through August 6, 2010 (30 days) for a total fine amount of$1,500.00. Previously assessed Operational Costs of $112.38 have not been paid. The total amount due to date is $1,612.38. 15 August 6,2010 The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $1,612.38 and notedfines continue to accrue. 2. Case #CENA 20090007984 - BCC vs. Julian H. Camacho The County was represented by Code Enforcement Investigator Michele McGonagle. The Respondent was not present. Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 and Section 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, Goodland The Notice of Hearing was sent via Certified Mail on July 23, 2010 and delivered on July 29,2010. The property and Courthouse were posted on July 19,2010. Investigator McGonagle stated the violations have not been abated. Fines have accrued at the rate of $50.00 per day for the period from July 8, 2010 through August 6,2010 (30 days) for a total fine amount of$1,500.00. Previously assessed Operational Costs of$112.38 have not been paid. The total amount due to date is $1,612.38. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $1,612.38 and notedfines continue to accrue. 3. Case #CEV 20090007995 - BCC vs. Julian H. Camacho The County was represented by Code Enforcement Investigator Michele McGonagle. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, 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 The Notice of Hearing was sent via Certified Mail on July 23,2010 and delivered on July 29,2010. The property and Courthouse were posted on July 19,2010. Investigator McGonagle stated the violations have not been abated. 16 August 6, 2010 Fines have accrued at the rate of$50.00 per day for the period from July 8, 2010 through August 6,2010 (30 days) for a total fine amount of$1,500.00. Previously assessed Operational Costs of$112.38 have not been paid. The total amount due to date is $1,612.38. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $1,612.38 and notedfines continue to accrue. 5. Case #CEV 20100002334 - BCC vs. Robert Hoover Rev Trust The County was represented by Code Enforcement Investigator Carol Sykora. The Respondent was not 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. Folio No: 37348360006 Violation address: 1280 25th St SW, Naples The Notice of Hearing was posted at the property and Courthouse on July 22,2010. Investigator Sykora stated the violations have not been abated. The Respondent claimed he owned only one vehicle, but the Investigator saw several vehicles on the property and noted the vehicles were still unlicensed.. 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. Fines were stayed from July 16,2010 through August 6, 2010. Previously assessed Operational Costs of $112.64 have not been paid. The total amount due to date is $5,612.64. The Special Magistrate ruled the fines had been stayed for the purpose of allowing the Respondent to comply. Since he did not, she assessed fines for the period from July 16, 2010 through August 6, 2010 (20 days) in the amount of $2,000.00. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $7,612.64 and notedfines continue to accrue. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: ]7 August 6, 2010 (from Intersection Safety Program Hearing) Notice #1361000094263 - BCC vs. Karyn M. Zarlen2:a The County was represented by Code Enforcement Supervisor Jennifer Waldron. The Respondent was not present. Supervisor Waldron stated the County requested to rescind the Order due to a mis- communication between American Traffic Solutions and the Respondent. The Special Magistrate GRANTED the County's Motion. VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT HEARING DATE September 3, 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 12:34 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented _, or as amended 18