CESM Minutes 09/03/2010
September 3, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 3,2010
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
Sgt. Robert Brown, Collier County Sheriffs Office
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
September 3,2010 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. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - August 6, 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:
PR041530-CEEX201 0001 0156
MICHAEL FITZ
P ARK RANGER CYNTHIA GAYNOR
CODE OF LAW & ORD., SEC. 130-66
COMMERCIAL LAUNCH STICKER REQUIRED
VIOLATION
ADDRESS:
CAXAMBAS
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20090013615
LORRIE L. CALLOW
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A) TWO VEHICLES WITH EXPIRED TAGS AND ONE OF THE TWO IS
INOPERABLE.
62650320000
786 103RD AVE N, NAPLES
CEPM20090010528
FIFTH A VENUE PLAZA LLC
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-243.
UNSECURED DOORS AND BROKEN WINDOWS ON VACANT COMMERCIAL
BUILDING.
00386840007
1807 T AMIAMI TRAIL EAST, NAPLES
CENA20100001722
SANDRA E. FREEDMAN
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-179 THRU
54-184. LITTER CONSISTING OF BUT NOT LIMITED TO: WOOD, CONSTRUCTION
MA TERIAL, ETC.
27582200000
416 PINE AVE, NAPLES
CEPM20100001875
SANDRA E. FREEDMAN
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-23 1 (l2)(h) AND 22-23 1 (l2)(b). BALCONY IS IN DISREPAIR AND DAMAGED
EXTERIOR WALLS
27582200000
416 PINE AVE, NAPLES
CESD20100002055
SANDRA E. FREEDMAN
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION(s)
1O.02.06(B)(l)(a); 1O.02.06(B)(I)(e); AND IO.02.06(B)(l)(e)(i). A WOODEN OVERHANG
THAT WAS BUILT ONTO THE LEFT AND REAR OF THE PROPERTY WITHOUT FIRST
OBTAINING PROPER COLLIER COUNTY PERMITS.
27582200000
416 PINE AVE, NAPLES
2
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090017492
JUAN AND ARMANDINA FLORES
INVESTIGA TOR MICHELE MCGONAGLE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231 (12)(b), 22-231 (12)(i), AND 22-243. A VACANT MOBILE HOME WITH
UNSECURE DOORS AND WINDOWS. THE EXTERIOR WALLS ARE COVERED WITH
MOLD.
00768320006
17042 LOCKHART DRIVE, NAPLES
CESD20100008829
JUAN AND ARMANDINA FLORES
INVESTIGATOR MICHELE MCGONAGLE
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
IO.02.06(B)(1)(a). NO PERMITS FOR AN ADDITION TO A MOBILE HOME.
00768320006
17042 LOCKHART DRIVE, NAPLES
CEPM20100005899
SECURITY CAPITAL OF FLA LLC
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL IS GREEN, STAGNATE, AND NOT PROPERLY
MAINTAINED.
66631880002
707 WILLOWWOOD LANE, NAPLES
CESD20 1 00005390
PEDRO BAIGORRIA
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
IO.02.06(B)(1)(a). PERMIT 2009111176 THAT HAS NOT BEEN INSPECTED AND NOT
RECEIVED A CERTIFICATE OF COMPLETION. PERMIT EXPIRED ON MAY 19TH, 2010.
35742520004
2I9745TH ST SW, NAPLES
CEV20100008287
GUAN XIV WU
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). VEHICLES ON SITE WITH NO LICENSE PLATE.
36238240004
5203 HUNTER BLVD, NAPLES
3
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV20100006822
ANTHONY, CECILE, PIERRE, AND MARIE FORGES
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). UNLICENSED VEHICLE BEING STORED ON THE PROPERTY.
35761640004
1751 46TH ST SW, NAPLES
CEAU20100008678
RANDI L. WILLIE
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
5.03.02(A). SECTION OF FENCE HAS FALLEN DOWN.
36373160007
2231 54TH ST SW, NAPLES
CEV20100002648
DANNY A. HOGAN
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0I.00(A). UNLICENSED VEHICLE AND A MOTORCYCLE WITH AN EXPIRED TAG
BEING STORED ON THE PROPERTY.
56050240000
181 SOUTHBA Y DRIVE, NAPLES
CEPM20100005268
DANNY A. HOGAN
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS I2i AND I2n. PROPERTY OWNER'S UNIT HAS
BOARDED UP WINDOWS AND DOCK ON THE PROPERTY IS BEING MAINTAINED IN
UNSAFE CONDITION.
56050240000
181 SOUTHBA Y DRIVE, NAPLES
CEPM20100005549
MICHAEL OLENGINSKI
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 9,11, I2p, AND 20. RENTAL UNIT WITH PROPERTY
MAINTENANCE VIOLATIONS TO INCLUDE ELECTRICAL OUTLETS THAT NEED
REPAIR, DAMAGED INTERIOR WALLS AND CEILING, AND INOPERABLE SMOKE
DETECTOR. DOCK FOR THE PROPERTY IS ALSO BEING MAINTAINED IN UNSAFE
CONDITION.
56050120007
181 SOUTHBA Y DRIVE, 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
CEPM20100005543
V ANDERBIL T REAL EST HOLD L TD
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS I2n. DOCK FOR THE PROPERTY IS BEING
MAINTAINED IN UNSAFE CONDITION.
56050200008
181 SOUTHBA Y DRIVE, NAPLES
CEV20100007342
AL VUS M. PERKINS
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0I.00(A). VEHICLE ON SITE WITH EXPIRED PLATES AND INOPERABLE
COMMERCIAL EQUIPMENT.
38160480008
6311 COPPER LEAF LANE, NAPLES
CEPM20100005026
VIRGILIO AND ELIZABETH VALDES
INVESTIGA TOR REGGIE SMITH
CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-231 (19) AND SECTION 22-
243. VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD ON INTERIOR WALLS.
46573003925
190 SANTA CLARA DRIVE, UNIT 5, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20090012848
GEORGE LAMBERT
INVESTIGA TOR CAROL SYKORA
ABANDONED OR SUSPENDED PERMIT. 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) (104.5.1.4.4) POOL AND SPA PERMIT ISSUED AUGUST 27TH, 2004
AND CANCELED ON JUNE 5TH, 2007, NO FINAL INSPECTION OR CERTIFICATE OF
COMPLETION ISSUED.
37987440002
3580 WHITE BLVD, NAPLES
5
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEROW20090016239
TIMOTHY P. AND BEATRICE C. FRANK
INVESTIGA TOR REGGIE SMITH
RIGHT OF WAY PERMITS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY,
DIVISION 1 GENERALLY, SECTION 110-31 (a). FICUS BUSHES PLANTED IN RIGHT OF
WAY.
52953400006
2308 KINGS LAKE BLVD, NAPLES
CEPM20090011813
CRYST AL PEPPER
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL WITH GREEN WATER-ALGAE.
33140012763
3850 RECREATION LANE, NAPLES
CEAU20090008537
ANTON KARABA AND EVA KARABOV A
INVESTIGA TOR MICHELE MCGONAGLE
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.
48600000705
12243 FULLER LANE, NAPLES
CEPM20100000031
ZONIA LAMBERT REV LIVING TRUST
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (2). DWELLING THAT IS BEING OCCUPIED WITH CITY OF NAPLES
WATER AND SEWER CONNECTIONS SHUT OFF. THE OCCUPANTS OF THE
DWELLING ARE USING UNAPPROVED WELL WATER SYSTEM.
74413960006
3450 CHEROKEE STREET, NAPLES
CEV20100003067
EDITA TECHNICAL LAND TRUST UTD 4/14/08
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
6
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080016337
JAMES K. AND DEBORAH B. TOWNE
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12c). VACANT STRUCTURE WITH DAMAGED ROOF.
35759720004
4419 18TH AVE SW, NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
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: October 15,2010 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
September 3,2010
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: 9:06 AM
RECONVENED: 9:25 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (A), "Public Hearings," STIPULATIONS were reached in the
following cases:
· Agenda #11, Case #CEV 20100008287 - BCC vs. Guan Xiu Wu
· Agenda #13, Case #CEAU 20100008678 - BCC vs. Randi L. Willie
(b) Under Item V (B), "Hearings," the following cases were WITHDRA WN by the
County:
· Agenda #3, Case #CEPM 20090010528 - BCC vs. Fifth Avenue Plaza, LLC
· Agenda #4, Case #CENA 20100001722 - BCC vs. Sandra E. Freedman
· Agenda #5, Case #CEPM 20100001875 - BCC vs. Sandra E. Freedman
· Agenda #6, Case #CESD 20100002055 - BCC vs. Sandra E. Freedman
· Agenda #10, Case #CESD 20100005390 - BCC vs. Pedro Baigorria
· Agenda #12, Case #CEV 20100006822 - BCC vs. Anthony, Cecile, Pierre,
and Marie Forges
· Agenda #14, Case #CEV 20100002648 - BCC vs. Danny A. Hogan
· Agenda #15, Case #CEPM 20100005268 - BCC vs. Danny A. Hogan
· Agenda #16, Case #CEPM 20100005549 - BCC vs. Michael Olenginski
· Agenda #17, Case #CEPM 20100005543 - BCC vs. Vanderbilt Real
Estate Holding, L TD
(c) Under Item VI (A), "Motion for Imposition of Fines," the following case was
WITHDRA WN by the County:
· Agenda #2, Case #CEROW 20090016239 - BCC vs. Timothy P. and
Beatrice C. Frank
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.
2
September 3,2010
III. APPROVAL OF MINUTES - August 6, 2010
The Minutes of the Special Magistrate Hearing held on August 6,2010 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: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. Case #CEAU 20090008537 - BCC vs. Anton Karaba and Eva Karabova
The County was represented by Code Enforcement Investigator Michele McGonagle.
Respondent, Eva Karabova, was present and represented her husband, Anton Karaba.
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
The Respondents reside at 12243 Fuller Lane, Naples, Florida.
Investigator McGonagle stated the initial Order was issued on May 7,2010 and the
violation has not been abated.
Fines have accrued at the rate of$100.00 per day for the period from August 16,2010
through September 3, 2010 (19 days) for a total fine amount of$I,900.00.
Previously assessed Operational Costs of$112.64 have not been paid.
The total amount due to date is $2,012.64.
The Respondent stated she was not aware of the fine because she did not receive a
copy of the Order. She had sent a letter requesting an extension of time to comply
because her husband is out of state due to serious family issues. He may return at the
end of September or beginning of October.
The Special Magistrate noted the Respondent's Motion for an Extension of Time was
denied at the August 6, 2010 Hearing. She explained the Order authorized the
County to abate the violation and charge the costs to the Respondents.
3
September 3,2010
The Respondent stated the fence was built for security reasons and claimed the fence
was built "strong and stable" and has withstood hurricane damage. She is
unemployed and unable to pay the fines.
Investigator Azure Sorrels stated the Special Magistrate did not issue the Order
during the Hearing but requested to review the Permit and the plans submitted to the
County. She stated the fence failed inspections due to its height and where the cross-
bars met.
The Respondent stated the cost to obtain a new Permit is one hundred dollars.
The Special Magistrate noted there were no Health/Safety or Welfare issues involved.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of
Time to December 3, 2010 and stayed the fines during the period of the Extension.
The Special Magistrate did not rule on the Respondent's request to vacate the fines
accrued from August 16 through September 3, 2010.
The Special Magistrate suggested the Respondents pay the Operational Costs as soon
as possible and she will receive a copy ofthe initial Order.
V. PUBLIC HEARINGS
A. Stipulations:
11. Case #CEV 20100008287 - BCC vs. Guan Xiu Wu
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A).
Vehicles on site with no license plate.
Folio No: 36238240004
Violation address: 5203 Hunter Blvd, Naples
The Respondent entered into Stipulation on August 24, 2010.
Investigator Paul stated the Respondent entered into a Stipulation on August 24th and
agreed to the terms of the Stipulation. He noted the Operational Costs were paid and
the violation has been abated.
Finding the Notice of Hearing was properly served and finding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found NOT
GUILTY of the alleged violation.
4
September 3,2010
The Operational Costs incurred by Code Enforcement during the prosecution of
the case for $112.38 have been paid.
13. Case #CEAU 20100008678 - BCC vs. Randi L. Willie
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondent had been present earlier, but left before the Case was heard.
Violations: Collier County Land Development Code 04-41, as amended,
Section 5.03.02(A).
Section of fence has fallen down.
Folio No: 36373160007
Violation address: 2231 54th Street SW, Naples
The Respondent entered into a Stipulation on September 3, 2010.
Investigator Paul stated the Operational Costs were paid and the violation was abated.
Finding the Notice of Hearing was properly served and finding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found NOT
GUILTY of the alleged violation.
The Operational Costs incurred by Code Enforcement during the prosecution of
the case for $112.20 have been paid.
B. Hearings:
1. Case #PR 041530 - CEEX 20100010156 - BCC vs. Michael Fitz
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cynthia Gaynor was present.
Violations: Code of Law & Ord., Section 130-66
Commercial launch sticker required
Violation address: Caxambas
The Notice of Hearing was sent via Certified Mail on August 16,2010 and delivered
on August 19,2010.
Ranger Gaynor stated the Commercial Boat Launch sticker was not displayed on the
boat trailer, and the Respondent did not pay the $5.00 launch fee. She introduced
seven photographs which were marked as County's Composite Exhibit "A" and
admitted into evidence.
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 October 3,2010.
5
September 3,2010
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $50.00 on or before October 3,
2010.
Total Amount Due: $85.00
2. Case #CEV 20090013615 - BCC vs. Lorrie L. Callow
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Two vehicles with expired tags and one ofthe two is inoperable.
Folio No: 62650320000
Violation address: 786 103rd Avenue North, Naples
The Notice of Hearing was posted at the property and Courthouse on August 17,
2010.
Investigator Musse introduced three photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. A Lis Pendens was filed in June
2009. Chase Bank has been unable to abate the violation due to title issues. He
conducted a site inspection on August 2nd and the violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to affIX current license plates on the
vehicles, repair the vehicles making them operable, or store the vehicles in a
completely enclosed structure, or remove them from the premises on or before the
close of business on September 7, 2010 or afine of $50. 00 per day will be imposed
for each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.20 on or before October 3,
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: $112.20
6
September 3,2010
7. Case # CEPM 20090017492 - BCC vs. Juan and Armandina Flores
The Hearing was requested by Collier County Code Enforcement Investigator
Michele McGonagle who was present.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231 (12)(b), 22-231 (12)(i), and 22-243
A vacant mobile home with unsecure doors and windows. The exterior
walls are covered with mold.
Folio No: 00768320006
Violation address: 17042 Lockhart Drive, Naples
The Notice of Hearing was posted at the property on August 23, 2010 and at the
Courthouse on August 24,2010.
Investigator McGonagle introduced six photographs, dated July 21,2010, which were
marked as County's Composite Exhibit "A" and admitted into evidence. A family
member stated the property owners did not have funds to repair the mobile home.
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 obtain a Collier County Boarding
Certificate and complete the boarding of the mobile home, and provide a detailed
plan for either the rehabilitation or demolition of the mobile home on or before
September 10,2010, 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 and secure all doors/windows and
clean the exterior of the mobile home, or obtain a Collier County Demolition
Permit to remove the structure, all required inspections and a Certificate of
Completion, on or before October 3,2010, 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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.56 on or before October 3,
2010.
The Respondents are to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.56
7
September 3, 2010
8. Case #CESD 20100008829 - BCC vs. Juan and Armandina Flores
The Hearing was requested by Collier County Code Enforcement Investigator
Michele McGonagle who was present.
The Respondents were not present.
Violations: Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1
and Collier County Land Development Code 04-41, as amended,
Section 1 0.02.06(B)(I)( a).
No Permits for an addition to a mobile home.
Folio No: 00768320006
Violation address: 17042 Lockhart Drive, Naples
The Notice of Hearing was posted at the property on August 23,2010 and at the
Courthouse on August 24, 2010.
Investigator McGonagle introduced one photograph, dated July 21,2010, which was
marked as County's Exhibit "A" and admitted into evidence. A family member
stated the vacant mobile home was to be demolished. An application for a Permit has
not been submitted, and 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 obtain a Collier County Building
Permit for the unpermitted addition, or obtain a Collier County Demolition Permit
to remove the addition, all required inspections and a Certificate of Completion on
or before October 3,2010, or afine of $200. 00 per day will be imposedfor each day
the violation remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.56 on or before October 3,
2010.
The Respondents are to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.56
9. Case #CEPM 20100005899 - BCC vs. Security Capital of Florida. LLC
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present.
8
September 3, 2010
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15).
Pool is green, stagnate, and not properly maintained.
Folio No: 66631880002
Violation address: 707 Willowwood Lane, Naples
The Notice of Hearing was sent, via Certified Mail, on August 17,2010 and delivered
on August 26,2010. The property and Courthouse were posted on August 17,2010.
Investigator Musse one photogragh, dated July 20,2010, which was marked as
County's Exhibit "A" and two photographs, dated September 2,2010, which was
marked as County's Composite Exhibit "B." The Exhibits were admitted into
evidence.
He stated the property was acquired by Deutsch Bank:, but it will not receive title until
a lien against the property has been satisfied. The violations have not been abated
although it was noted efforts to abate have begun.
Finding the Notice of Hearing was properly served, the Respondent was 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 October 3, 2010 or a fine 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 October 3, 2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the property
owner. If necessary, assistance may be requested from the Collier County Sheriff's
Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.47 on or before October 3,
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: $112.47
RECESS: 10:20 AM
RECONVENED: 10:28 AM
9
September 3,2010
Supervisor Waldron announced the addition ofthe following case as an Intersection
Safety Program Hearing:
. Notice #1361000165006 - BCC vs. Janett A. Benoit
The Special Magistrate called the case to order.
Notice #1361000165006 - BCC vs. Janett A. Benoit
The County was represented by Sgt. Robert Brown from the Collier County Sheriffs
Office.
The Respondent was present.
The Respondent resides at 15076 Summit Place Circle, Naples, Florida 34119, and
verified she is the registered owner of the vehicle.
Date of Violation: June 24, 2010
Time: 6:15 AM
Location: Intersection of Pine Ridge Road and Livingston Road
Sgt. Brown presented the video and several still photographs for the Special
Magistrate to review.
Sgt. Brown noted the Respondent's vehicle was located behind the stop bar in one of
the still photographs and the light was "clearly red." The vehicle proceeded through
the intersection under a red light.
He stated if a vehicle enters an intersection under a yellow or green light, it is
permitted to legally exit even if the light cycles to red. However, if a vehicle enters
an intersection under a red light, it is considered illegal.
The Respondent stated she did not remember the incident clearly but she was going to
work. There was a hesitation - but she determined she could not without causing an
accident and "kept going." She has not had a ticket in over two years and never for a
red light.
The Special Magistrate stated she did not see a "hesitation."
Sgt. Brown noted the other vehicles were able to stop. The Respondent's speed of 46
miles per hour would be considered "reasonable" if she were not approaching a traffic
signal.
The Special Magistrate noted the light was definitely red and her ruling would be
based on the evidence presented.
The Respondent asked for a warning because she could not afford the fine. She
further stated she was confident she did not run the red light because she does not
speed. She continued to note she made a decision to not cause an accident by not
stopping.
10
September 3,2010
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an
administrative fee of $50.00. The Respondent is allowed 21 days from receipt of
the Order to make payment.
Total Amount Due: $112.50
The Special Magistrate stated the Respondent had the right to appeal the decision to
the Circuit Court, and noted she could obtain a copy of the transcript of the Hearing
from Minutes and Records (Clerk's Office) on the 4th floor.
V. PUBLIC HEARINGS
B. Hearings:
18. Case #CEV 20100007342 - BCC vs. Alvus M. Perkins
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Vehicle on site with expired plates and inoperable commercial
equipment.
Folio No: 38160480008
Violation address: 6311 Copper Leaf Lane, Naples
The Notice of Hearing was posted at the property and Courthouse on August 16, 2010.
Investigator Paul introduced three photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. He noted there were commercial
vehicles on the premises which were inoperable. The owner was abusive and
threatened the Investigator. The violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to affIX current license plates on the
vehicles, repair the vehicles making them operable, or store the vehicles in a
completely enclosed structure, or remove them from the premises on or before the
close of business on September 7, 2010 or afine of $50. 00 per day will be imposed
for each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.20 on or before
11
September 3, 2010
October 3,2010.
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: $112.20
19. Case #CEPM 20100005026 - BCC vs. Vin!ilio and Elizabeth Valdes
The Hearing was requested by Collier County Code Enforcement Investigator Reggie
Smith who was present.
The Respondents were not present.
Violations: Code of Laws, Chapter 22, Article VI, Section 22-231 (19) and
Section 22-243.
Vacant condominium unit has excessive mold on interior walls.
Folio No: 46573003925
Violation address: 190 Santa Clara Drive, Unit 5, Naples, FL 34104
The Notice of Hearing was sent, via Certified Mail, on August 20,2010 and delivered
on August 23,2010. The property and Courthouse were posted on August 20, 2010.
Investigator Smith introduced three photographs, dated April 16, 2010, which was
marked as County's Composite Exhibit "A" and one photograph, dated September 2,
2010, which was marked as County's Exhibit "B." The Exhibits were admitted into
evidence.
The Investigator noted the mold was probably caused by windows and the front door
which were left open and unsecured until July, 2010. The case was transferred to the
Foreclosure Team, but the bank was unresponsive and the case was returned to the
Investigator. He stated the condominium remains vacant and 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 remove/treat the mold and restore
sanitary, habitable conditions, and obtain all applicable Permits to remove the dry
wall, required inspections and a Certificate of Occupancy on or before the close of
business on September 10,2010 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
owner(s).
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.38 on or before
12
September 3,2010
October 3,2010.
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
C. Emergency Cases:
(None)
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CESD 20090012848 - BCC vs. Geon:!e Lambert
The County was represented by Code Enforcement Investigative Supervisor Cristina
Perez on behalf of Investigator Carol Sykora.
The Respondent was not present.
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)(104.5.1.4.4)
Abandoned or Suspended Permit - Pool and spa permit were issued on
August 27,2004 and canceled on June 5, 2007. No final inspection or
Certificate of Completion issued.
Folio No: 37987440002
Violation Address: 3580 White Blvd, Naples
The Notice of Hearing was posted at the property and Courthouse on August 17,2010.
Supervisor Perez stated the violations have not been abated.
Fines have accrued at the rate of$250.00 per day for the period from July 8,2010
through September 3, 2010 (58 days) for a total fine amount of$14,500.00.
Previously assessed Operational Costs of $112.56 have not been paid.
The total amount due to date is $14,612.56.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $14, 612. 56 and noted fines continue to accrue.
3. Case #CEPM20090011813 - BCC vs. Crystal Pepper
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau and Investigator Carmelo Gomez.
The Respondent was not present.
13
September 3, 2010
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Pool with green water-algae.
Folio No: 33140012763
Violation address: 3850 Recreation Lane, Naples, FL
The Notice of Hearing was sent via Certified Mail on August 17,2010. The property
and Courthouse were posted on August 12,2010.
Supervisor Letourneau stated the initial Order was issued on November 5,2009. The
violation was abated on December 1,2009.
Fines have accrued at the rate of$250.00 per day for the period from November 13,
2009 through December 1, 2009 (19 days) for a total fine amount of $4,750.00.
Previously assessed Operational Costs of$117.96 have not been paid.
Abatement costs incurred by the County for $960.00 have not been paid.
The total amount due to date is $5,827.96.
Supervisor Letourneau stated he was contacted by a representative of Deutsch Bank
who was unable to attend the Hearing.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $5,827.96.
5. Case #CEPM 20100000031- BCC vs. Zonia Lambert Revocable Livin2 Trust
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (2)
Dwelling that is being occupied with City of Naples water and sewer
connections shut off. The occupants of the dwelling are using
unapproved well water system
Folio No: 74413960006
Violation Address: 3450 Cherokee Street, Naples, FL
The Notice of Hearing was sent, via Certified Mail, on August 17,2010, and the
property and Courthouse were posted on Augustll, 2010.
Supervisor Letourneau stated the violation was abated on Apri112, 2010.
Previously assessed Operational Costs of$112.73 have not been paid.
The total amount due to date is $112.73.
14
September 3, 2010
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $112.73.
6. Case #CEV 20100003067- BCC vs. Edita Technical Land Trust UTD 4/14/08
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was 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, FL
The Notice of Hearing was sent, via Certified Mail, on August 17,2010 and delivered
on August 21,2010. The property and Courthouse were posted on August 9, 2010.
Supervisor Letourneau stated the violation was abated on August 30, 2010.
Fines have accrued at the rate of$50.00 per day for the period from July 20,2010
through August 30, 2010 (42 days) for a total fine amount of$2,100.00.
Previously assessed Operational Costs of$112.29 have not been paid.
The total amount due to date is $2,212.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $2,212.29.
7. Case #CEPM 20080016337- BCC vs. James K. and Deborah B. Towne
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 (12c)
Vacant structure with damaged roof.
Folio No: 35759720004
Violation address: 4419 18th Avenue SW, Naples. FL
The Notice of Hearing was sent, via Certified Mail, on August 18,2010 and the
property and Courthouse were posted on August 23, 2010.
15
September 3,2010
Supervisor Letourneau stated the initial Order was issued on July 16, 2010. He noted
the violation has not been abaed.
Fines have accrued at the rate of$250.00 per day for the period from August 17,2010
through September 3,2010 (18 days) for a total fine amount of $4,500.00.
Previously assessed Operational Costs of $112.29 have not been paid.
The total amount due to date is $4,612.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $4, 612.29 and notedfines will continue to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order: None
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 the 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.
C. Request for the Special Magistrate to Impose Foreclosure Collection
Authorizations 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
October 15,2010 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 ofthe County, the Hearing was
adjourned by Order ofthe Special Magistrate at 11:16 AM.
16
September 3,2010
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
17