CESM Minutes 10/15/2010
October 15, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 15,2010
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: October 15,2010 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 - September 3, 2010
IV. MOTIONS
A. Motion for Re-Hearing
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
SO 172390-CEEX20 1 00009496
MICHAEL A. NOVAKOWSKI
DEPUTY PAIGE LONG
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE/HASH MARKS BETWEEN SPACES
VIOLA TION
ADDRESS:
WAL-MART, 11225 TAMIAMI TRAIL
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
SOI67251-CEEX20I00018148
JOSEPH R. PELLETIER
DEPUTY J. DALY
CODE OF LA W & ORD., SEC. 130-66
OFF PAVEMENT PARKING
ENTRANCE TO VINEYARDS PARK
S0173456-CEEX20I00018296
LLOYD L. BOWEIN
DEPUTY PAIGE LONG
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
2550 IMMOKALEE
PR045290-CEEX20I00009952
FELIPE D. SANTOS
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC 130-66
FAILURE TO DISPLAY A VALID LAUNCH RECEIPT
BA YVIEW PARK
PR045259-CEEX20I00018293
EDW ARD L. WILLIAMS
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC 130-66
FAILURE TO DISPLAY A PAID LAUNCH FEE RECEIPT
BAYVIEW PARK
CEEX20I00019099
THOMAS AND LUANN WYSS
OFFICER PETER HINKLEY
COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, AND CHAPTER 767, FLORIDA
STATUTES.
DANGEROUS DOG.
POMARINE CT, NAPLES
2
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
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:
VIOLATION
ADDRESS:
CEPM20080016475
SAN JANIE TREVINO AND GUADALUPE MARTINEZ
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 9,1 I,12a, 12b, 12c, 12i, 12k, 12n, 120, 12p, 19, AND 20.
SINGLE F AMIL Y HOME THAT IS OWNER OCCUPIED THAT HAS NUMEROUS
MINIMUM HOUSING VIOLATIONS.
56400080001
311 PRICE STREET, IMMOKALEE
CEPM20100005779
TERRY DILOZIR
INVESTIGA TOR JAMES KINCAID
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15), CHAPTER 22 ARTICLE II, SECTION 22-26 AND THE FLORIDA
BUILDING CODE CHAPTER 4, SECTION 424.2.17.1. A PRIVATE DWELLING SWIMMING
POOL WITH STAGNANT GREEN WATER WITHOUT A PROPER POOL BARRIER.
62093680006
5322 CA TTS STREET, NAPLES
CESD20090011040
PETER V. SCHRYVER
INVESTIGA TOR REGGIE SMITH
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(1)(a). UNPERMITTED SHED ON PROPERTY.
63100480004
4851 CATALINA DRIVE, NAPLES
CEPM20100008671
KA THERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). GIS PROPERTY APPRAISER SATELLITE IMAGERY FROM THE
YEARS 2005 TO 2010 SHOWS THE POOL ON THIS PROPERTY HAS BECOME
STAGNANT, POLLUTED, AND UNSIGHTLY.
36814240004
660 29TH ST SW, NAPLES
CEPM20100003672
CHARLES AND GERALDINE BULICZ
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). PRIVATE SWIMMING POOL CONTAINING GREEN, ALGAE
WATER AND DEBRIS. CONDITIONS CONDUCIVE TO INSECT INFESTATION.
UNSIGHTL Y APPEARANCE.
72650004662
2183 CANARY ISLAND COVE, NAPLES
3
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
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:
CEROW20090015230
CHASE HOME FINANCE LLC
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS 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
CESD20100004782
DUSAN PETRIC
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
SHED, NO PERMITS.
36459080001
3122 SANTA BARBARA BLVD, NAPLES
CEPM20100008282
JUDITH HARBRECHT HILL, TR AND WILLIAM P. HILL, TR
INVESTIGATOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 23-231 (15). 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.
55402400004
451 TORREY PINES POINT, NAPLES
CEPM20100015711
JAMES AND RENEE QUECK
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTCILE VI,
SECTION 22-231 (15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
35643080009
2243 41ST TER SW, NAPLES
CEN A20 1 00003335
LAKEVIEW DRIVE OF NAPLES LLC
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-185(a). GRASS/WEEDS EXCEED 18 INCHES IN HEIGHT.
395320000
2840 LAKEVIEW DRIVE, NAPLES
4
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
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:
20. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CENA20100017661
LAKEVIEW DRIVE OF NAPLES LLC
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, SECTION 54-
185(a). WEEDS EXCEED 18 INCHES ON RESIDENTIAL PROPERTY.
61835840005
2510 LAKEVIEW DRIVE, NAPLES
CENA20100017665
LAKEVIEW DRIVE OF NAPLES LLC
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, SECTION 54-
185(a). WEEDS EXCEED 18 INCHES ON RESIDENTIAL PROPERTY.
394880004
NO SITE ADDRESS, FOLIO #394880004
CEPM20100004757
PAUL-MICHAEL CONROY
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 12 (c). OCCUPIED STUCTURE WITH INCOMPLETE RE-ROOF.
35775120002
4449 19TH PL SW, NAPLES
CEPM20100013252
TROY M. AND MICHELLE R. MADDUX
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231 ( 15). WATER GREEN WITH ALGAE.
23946008703
674 LAMBTON LANE, NAPLES
CEPM20090007445
ZACK AND GRETCHEN MOEN
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY PROPERTY MAINTENANCE CODE 2004-58, SECTION 12. THE LEFT
REAR CORNER OF THE PROPERTY WAS BURNED IN A HOUSE FIRE.
37923600000
4645 13TH AVE SW, NAPLES
5
21. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20I00005355
OLGA NIKOLAKOPOULOS
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS 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
CENA20I00009705
O'NEILL PARTNERS LLC
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER ON THE PROPERTY.
35745280008
2136 SUNSHINE BLVD, NAPLES
CEV20I00009788
O'NEILL PARTNERS LLC
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A) AND SECTION 4.05.03(B). VEHICLES AND TRAILERS BEING STORED ON
THE PROPERTY WITHOUT LICENSE PLATES AND/OR CURRENT REGISTRATIONS.
VEHICLES ARE ALSO BEING PARKED ON THE GRASS.
35745280008
2136 SUNSHINE BLVD, NAPLES
CESD20090000340
JOHN M. MUELLER JR AND ELIZABETH MUELLER
INVESTIGA TOR JONATHAN MUSSE
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).
FENCE PERMIT 2006120659 ISSUED ON 12-7-06 EXPIRED 6-5-07. NO FINAL
INSPECTION MADE. NO CERTIFICATE OF COMPLETION ISSUED.
66480400002
834 BENTWOOD DRIVE, NAPLES
CESD20I00008544
HAPA INVESTMENTS LLC
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.06.01(D)(I). OVERGROWN HEDGES BLOCKING THE VISIBILITY OF ONCOMING
TRAFFIC ON THE CORNER OF 41ST ST SW AND 18TH AVE SW.
35776440008
1797 41 ST ST SW, NAPLES
6
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090013071
EDWARD A. AND PAULA L. KAULBARS
INVESTIGA TOR JOHN CONNETT A
COLLIER COUNTY LAWS 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 PROPERLY
MAINTAINED.
74901001448
1579 WHISPERING OAKS CIRCLE, NAPLES
CEROW200900 19407
MATTHEW J. RYAN
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 110 ROADS AND
BRIDGES, ARTICLE II 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 104TH AVE N, NAPLES
CEV20100007342
ALVUS M. PERKINS
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). VEHICLE ON SITE WITH EXPIRED PLATES AND INOPERABLE
COMMERCIAL EQUIPMENT.
38160480008
6311 COPPER LEAF LANE, NAPLES
7
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20080010842
JOHANN AND AST A MARTI
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, SECTION 22-231
SUBSECTIONS 2, 3, 4, 5, 8, 9,10,11, 12b, 12c, 12i, 12j, 12k, 121, 12m, 120, 12p, 12r, 19, AND
20. RENTAL PROPERTY WITH SEVERAL MINIMUM HOUSING VIOLATIONS TO
INCLUDE BUT NOT LIMITED TO: NO HOT WATER SUPPLY, NO WATER HEATING
FACILITIES, NO HEATING EQUIPMENT, REFRIGERATOR NOT IN GOOD WORKING
ORDER, NO VENTI LA TION FOR BATHROOM, ELECTRICAL OUTLETS AND LIGHTS
NOT IN GOOD WORKING ORDER, EXTERIOR WALLS POORL Y MAINTAINED, FASCIA
IN DETERIORATED CONDITION, EXTERIOR DOOR THAT NEEDS TO BE REPLACED,
BROKEN WINDOWS, MISSING SCREENS, DAMAGED INTERIOR DOORS, CEILING
DAMAGE, CARPET THAT NEEDS REPLACED, INTERIOR WALLS WITH HOLES,
GUTTERS AND DOWNSPOUTS THAT NEED REPAIR, SHOWER V ALVES THAT NEED
REPAIR, AND NO SMOKE DETECTOR PROVIDED.
61481640002
1888 AIRPORT ROAD S, NAPLES
CEV20100002640
IEC RENTALS INC.
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.0 1.00(B)(3). A COMMERCIAL DUMPSTER TRUCK AND A FRONT LOADER
PARKED/STORED ON UNIMPROVED RESIDENTIAL ZONED PROPERTY.
74414080008
NO SITE ADDRESS, FOLIO #74414080008
CELU20090018069
IEC RENTALS INC
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTIONS
1.04.01 (A) AND 2.03.02. FILL DIRT AND ROCK BEING STORED ON UNIMPROVED
RESIDENTIAL PROPERTY.
74414080008
NO SITE ADDRESS, FOLIO #74414080008
CEPM20100002802
GABRIELA GUZMAN
INVESTIGA TOR 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
8
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
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:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20090013615
LORRIE L. CALLOW
INVESTIGA TOR 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
CEPM20090017229
PALM LAKE LLC
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 4,8,9, 12i, 12k, 120, 12p, 19 AND 20. MOBILE HOME
BEING USED FOR RENTAL PURPOSES THAT IS MAINTAINED IN POOR CONDITION.
61842240009
3131 TAMIAMI TRAIL, #3, NAPLES
CEPM20090015776
ALEXANDER DOMINGUEZ AND JOANKA C. DIAZ-DOMINGUEZ
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15) AND 22-231(12)(1). POOL AREA IN DISREPAIR, ALSO GREEN WATER AND
ITEMS IN WATER.
62635080006
669 99TH AVE N, NAPLES
CEPM20I00003285
JOHN KOLAK
INVESTIGA TOR JEFF LETOURNEAU
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. PRESENTING
UNSIGHTL Y APPEARANCE, WATER STAGNATE, POLLUTED WITH CONDITIONS
CONDUCIVE TO INSECT INFESTATION.
72650003346
1372 ARECA CV, NAPLES
CEPM20090004566
EDITH GRANADOS
INVESTIGA TOR JOSEPH MUCHA
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.
35882280000
181841ST ST SW, NAPLES
9
VII. OLD BUSINESS
A. Motion to Rescind Previously Issued Orders:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
2006050608
MARION SMITH AND JAMES SEALS
INVESTIGA TOR JEFF LETOURNEAU
COLLIER COUNTY ORDINANCE 2004-58, SECTION 6, SUBSECTIONS 10,11,12b,12i, 12j,
12k, 121, 12m, 19a AND 19c, THE PROPERTY MAINTENANCE ORDINANCE. NUMEROUS
INTERNAL AND EXTERNAL MINIMUM HOUSING VIOLATIONS AS DESCRIBED IN
THE PROPERTY MAINTENANCE INSPECTION REPORT.
62100120006
5408 CARL TON STREET, NAPLES
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: November 5, 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
10
October 15,2010
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: 9:12 AM
RECONVENED: 9:31 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item IV (A), "Motions," the following case was withdrawn by the County:
· Agenda #1, Case #SO 172390 - CEEX 20100009496 - BCC vs. Michael A.
Novakowski
(b) Under Item IV, "Motions,"the following cases were added to the Agenda:
(B) "Motion for Continuance"
· Agenda #20, Case #CEPM 20090007445 - BCC vs. Zack and Gretchen
Moen
(C) "Motion for Extension of Time"
· Agenda #9, Case #CEPM 20090017229 - BCC vs. Palm Lake. LLC
(c) Under Item V (A), "Public Hearings," a Stipulation was reached in the following
case:
· Agenda #18, Case #CEPM 20100004757 - BCC vs. Paul-Michael Conroy
(d) Under Item V (B), "Hearings," the following case was dismissed by the Park
Ranger:
· Agenda #3, Case #PR 045290 - CEEX 20100009952 - BCC vs. Felipe D.
Santos
(e) Under Item V (B), "Hearings," the following cases were withdrawn by the
County:
· Agenda #1, Case #SO 167251- CEEX 20100018148 - BCC vs. Joseph R.
Pelletier
· Agenda #4, Case #PR 045259 - CEEX 20100018293 - BCC vs. Edward L.
Williams
· Agenda #6, Case #CEPM 20080016475 - BCC vs. San Janie Trevino and
Guadalupe Martinez
2
October 15, 2010
. Agenda #14, Case #CEPM 20100015711- BCC vs. James and Renee
Queck
. Agenda #15, Case #CENA 20100003335 - BCC vs. Lakeview Drive of
Naples, LLC
. Agenda #16, Case #CENA 20100017661 - BCC vs. Lakeview Drive of
Naples, LLC
. Agenda #17, Case #CENA 20100017665 - BCC vs. Lakeview Drive of
Naples LLC
. Agenda #23, Case #CEV 20100009788 - BCC vs. O'Neill Partners, LLC
(f) Under Item V (C), "Emergency Cases," the following case was added by the
County:
. Agenda #1, PU 4502 - CEEX 20100019011- BCC vs. Creative Choice
Homes XIV, Ltd.
(g) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
withdrawn by the County:
· Agenda #4, Case #CEPM 20080010842 - BCC vs. Johann and Asta Marti
. Agenda #5, Case #CEV 20100002640 - BCC vs. IEC Rentals, Inc.
· Agenda #6, Case # CELU 20090018069 - BCC vs. IEC Rentals, Inc.
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 - September 3, 2010
The Minutes of the Special Magistrate Hearing held on September 3,2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS:
A. Motion for Re-Hearing: (Withdrawn per amended Agenda)
B. Motion for Continuance: (previously under "Hearings'')
20. Case #CEPM 20090007445 - BCC vs. Zack and Gretchen Moen
The Hearing was requested by the Respondents who were present.
Collier County Code Enforcement Property Maintenance Specialist Joseph Mucha
was also present.
Violations: Collier County Property Maintenance Code 2004-58, Section 12
The left rear comer of the property was burned in a house fire.
Folio No: 37923600000
Violation address: 4645 13th Ave SW, Naples, FL
The Respondents reside at 4625 30th Place SW, Naples, Florida
3
October 15, 2010
Respondent, Zack Moen, has been working out of state and is in the process of
applying for a home equity loan. He has contacted an engineer to obtain a letter
verifying that the property, which is vacant, is structurally sound to repair as required
by the County before a permit can be obtained. The Respondents requested a
Continuance for a period of six months.
Investigator Mucha verified the structure has been securely boarded and the County
would not object to a Continuance.
The Special Magistrate GRANTED the Respondents' Motion for a Continuance for
a period of six months.
C. Motion for Extension of Time: (previously under "Motion for Imposition of
Fines '')
9. Case #CEPM 20090017229 - BCC vs. Palm Lake. LLC
The Hearing was requested by the Respondent who was represented by Attorney
Louis Erickson.
Collier County Code Enforcement Property Maintenance Specialist Joseph Mucha
was also present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 4,8,9, 12i, 12k, 120, 12p, 19 and 20
Mobile home being used for rental purposes that is maintained in poor
condition.
Folio No: 61842240009
Violation Address: 3131 Tamiami Trail, #3, Naples, FL
Attorney Erickson stated the former residents were evicted and the notification
process for demolition of the mobile home has begun. He requested a sixty-day
Extension of Time.
Investigator Mucha confirmed the structure is vacant and has been secured.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of
Time for a period of sixty days.
V. PUBLIC HEARINGS:
A. Stipulations:
18. Case # CEPM20100004757- BCC vs. Paul-Michael Conrov
The Hearing was requested by Code Enforcement Property Maintenance Specialist
Joseph Mucha who was present.
The Respondent was not present.
4
October 15, 2010
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 12 (c)
Occupied stucture with incomplete re-roof.
Folio No: 35775120002
Violation address: 4449 19th Place SW, Naples, FL
The Respondent entered into a Stipulation on October 14, 2010.
Investigator Mucha met with the Respondent who 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 required inspections and
a Certificate of Completion/Occupancy for Permit #2010040982 to re-roofthe
structure on or before December 15,2010, or afine of $1 00. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent is to notify the Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.12 on or before
November 15,2010.
Total Amount Due: $112.12
B. Hearings:
2. Case #SO 173456 - CEEX 20100018296 - BCC vs. Llovd L. Bowein
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Paige Long was also present.
Lawrence Glazer appeared as a witness for the County.
Violations: Code of Law & Ord., Section 130-67
Handicapped Space
Violation address: 2550 Immoka1ee Road, Naples, FL
The Respondent resides at 10021 Gu1fshore Drive, Naples, Florida 34108.
The Respondent claimed the placard was properly displayed according to the Statute
and did not understand why the Citation was issued. He introduced two photographs
which were marked as Respondent's "A" (placard) and "B" (permit) and admitted
into evidence.
5
October 15,2010
Deputy Long was on patrol in Sam's parking lot when she observed the vehci1e in a
Handicapped parking space without a placard. She walked around the vehicle to
inspect it and issued the Citation because she did not see a placard anywhere in the
vehicle.
Lawrence Glazer stated he accompanied the Deputy on a "ride along" and witnessed
her inspection of the car. He noted he did not see the placard inside the car but did
not recognize the car in Exhibit "A".
The Respondent stated the placard has remained in the same spot in his car and has
never had a problem or received a Citation previously for an improperly displayed
placard. He reiterated the placard was suspended from the mirror.
The Special Magistrate noted the Respondent is an attorney and ethically bound to be
truthful. She did not dispute the Deputy's recitation of the facts. She stated there was
only a difference in memory but the Respondent's recollection was more specific.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
Agenda #5, Case #CEEX 20100019099 - BCC vs. Thomas and Luann Wyss, was
initially called but, due to technical difficulties, was postponed until the IT Staff
arrived. It was noted the County's witness will supply a hard copy of her I-PAD
photographs within the next two days.
C. Emergency Cases:
1. Case #PU 4502 - CEEX 20100019011- BCC vs. Creative Choice Homes XIV. Ltd.
The Hearing was requested by Collier County Public Utilities Senior Investigator Ray
Addison who was present.
The Respondent was represented by Cindy Walters, Regional Property Manager -
Proxy Pro Management and Solange Michel, Property Manager.
Violations: Ordinance 2005-54, Section 19 C (9)
Litter on ground creating a Health/Safety/Welfare issue.
Litter consisting of, but not limited to, paper, plastic, cardboard, rugs,
food, household solid waste. Putrescible waste not properly stored.
Folio No: 00296840003
Violation address: 8690 Weir Drive, Naples, FL
Ms. Walters resides at 5421 Ginger Cove, Tampa, Florida.
Ms. Michel resides at 4030 Winkler Avenue, #204, Fort Myers, Florida.
Ms. Walters has been in communication with Waste Management regarding payment
that was sent ($3,875.00). Waste Management claims it was not received and they
will not return to the property without pre-payment.
6
October 15, 2010
She stated the initial violation was caused by the disconnection of the trash compactor
by the owner. Ms. Walters stated her company was misinformed concerning the
ownership of the compactor. There was a change of administration within the
company and invoices were inadvertently not paid. The trash compactor was
inoperable for two weekends but has since been reconnected.
There was one open-top container on the premises and Waste Management delivered
a second container in an attempt to control the trash. Proxy Pro Management was not
aware that household waste could not be disposed of in the open top container until
Code Enforcement informed her of the violation.
Ms. Walters admitted the situation was "horrible" but efforts were being made to
rectify it. Ms. Michel stated the maintenance crew consists of only four individuals
and trash collection was not normally such a problem.
The Special Magistrate stated the situation created a Health/Safety/Welfare issue and
the trash should have been picked up on a daily basis.
Investigator Addison stated a site visit was conducted by Investigator Tonya Phillips
and the Citation was issued/delivered to Ms. Michel on September 27,2010. He
introduced 14 photographs, dated September 27th, and 5 photographs, dated
October 15t\ which were marked as County's Composite Exhibits "A" and "B"
respectively. They were admitted into evidence.
Ms. Walters stated Waste Management will not empty the open top containers until
they receive payment. She reiterated the check was sent last week and she is still
attempting to solve the problem between her company's accounting department and
Waste Management. The open top containers will be tarped after they are emptied.
The Special Magistrate stated it was a very serious violation and noted the
photographs showed vultures around the trash. She suggested Ms. Walters contact
Waste Management in person at their offices to solve the problem.
Mr. Addison stated the normally assessed fine would be $1,000 per day but, in view
of the economic climate and the cooperation of the Management Company, he stated
he would defer to the Special Magistrate's discretion.
The Special Magistrate stated an immediate solution was necessary. She suggested
the Investigator contact Waste Management with Ms. Walters and suspended the
Hearing to allow for phone calls to be made.
RECESS: 10:32 AM
RECONVENED: 10:55 AM
5. Case #CEEX 20100019099 - BCC vs. Thomas and Luann Wvss
The Hearing was requested by the Respondents. Thomas Wyss was present and
represented his wife, Luann Wyss.
7
October 15, 2010
Collier County Domestic Animal Services Officer Peter Hinkley was also present
together with Marsha Harvey, the victim.
Violations: Collier County Ordinance 2008-51, as amended, and Chapter 767,
Florida Statutes
Dangerous dog
Violation address: Pomarine Court, Naples, FL
The Respondents reside at 4380 Mistlethrush Lane, Naples, Florida 34110.
The Special Magistrate noted the Respondents were appealing the finding of
"Dangerous Dog" concerning their dog, "Chloe," a brown Labrador Retriever mix.
Respondent Thomas Wyss stated the incident which occurred on July 5,2010 was an
unfortunate, isolated incident. She was running with her dog when it pulled away and
bit Mrs. Harvey. He stated the reason for Chloe's behavior was unknown but they
have been taking her to dog trainers since she was a puppy (adopted in 2008) and they
will continue to do so. He claimed to declare the dog as "dangerous" is unnecessary
and "over the top."
He introduced the following documents which were marked as Respondents' Exhibits
and admitted into evidence:
. "A" - Basic Ordinance Course material and Certificate
. "B" - Flyer from dog trainer
. "c" - Letter from Joe Smith, dog trainer, dated October 11,2010
. "D" - Certificate of Completion of the Canine Camper Program from Camp
Bow- Wow, dated March 18,2010
. "E" - Statement from Respondent Luann Wyss
. "F" - Letter from Gregory H. Lewis, dated October 14,2010
Mr. Wyss stated he does not condone what happened and will do everything possible
to see that it never happens again.
Gregory H. Lewis, a retired Collier County police officer, stated he is the head
softball Coach at GulfCoast High School and Tracy Wyss is a member of the team.
He has observed Chloe when she attended numerous games. He noted she was
around children and adults and did not show any signs of aggression during the many
times he saw her over the past year. He further stated he had investigated numerous
dog bite cases while he was on the force.
Mr. Wyss stated their dog is kenneled when in the house and is always on a leash -
both inside and outside of the house. He reiterated Chloe is not dangerous and the
trainer indicated Chloe was not accustomed to running and had run approximately 2.5
miles from their home. It was hot and her demeanor may have been affected by the
temperature and exertion. She was on a leash at the time of the incident.
The Special Magistrate asked if the Repondent could give any assurances that the
8
October 15,2010
incident would not be repeated.
The Respondent stated the training is on-going and Phase II will continue for
approximately 20 one-hour sessions. He stated the trainer will not allow introducing
anything new to Chloe's routine until he has first observed Chloe in the behavior.
A video of Chloe was reviewed by the Special Magistrate.
The video was marked as Respondent's Exhibit "G" and admitted into evidence.
Officer Hinkley stated the County investigated a previous incident with Chloe on
November 23, 2009.
The Respondent noted the dog, as a young puppy, did jump on people. He disputed
classifying the incident as a "bite" and recalled the dog was walked by a professional
dog walker while the family was out of town. He was informed the dog jumped on a
woman but the dog walker claimed the dog's paw scratched the complainant's left
arm. The dog walker did not think there was an actual bite because the woman didn't
realize she was bleeding and didn't react as if she had been bitten. Chloe has since
been trained not to jump on people.
Officer Hinkley stated the incident was unprovoked. To be declared "dangerous," a
dog must have "... aggressively bitten, attacked, or endangerd, or inflicted severe
injry on a human being on public or private property." The Ordinance defines a
"severe injury" as "... any physical injury that results in broken bones, multiple bites,
or disfiguring lacerations requiring sutures or reconstructive surgery. "
He further stated the dog bit the victim multiple times - not just once.
Marsha Harvey, the witness, stated she was walking the morning of July 5,2010 and
saw Ms. Wyss approaching with her dog. She noticed the dog was leashed but was
not panting or barking. She greeted Ms. Wyss and they were behind her when the
dog jumped out and bit her arm. Ms. Wyss was unable to control the dog because, as
Mrs. Harvey turned to leave, Chloe bit her on her calf. She returned home and her
husband called EMS because she was bleeding profusely. EMS advised her stitches
were necessary. She received four stitches which became infected. A course of
medication was required to treat the infection. The scars will be permanent. She
presented photographs on her I-POD which were reviewed by the Special Magistrate.
As previously noted, the photographs will be sent to Code Enforcement for inclusion
in the file.
Respondent Wyss did not deny what happened but stated it has not happened again.
Officer Hinkley stated when he visited the Respondents' home, the dog was in the
living room. It was sitting calm1y when it suddenly started barking and lunged at him.
If a dog is classified as "dangerous," the following rules must be observed as required
by County Ordinance:
. The dog must be housed in a 6' x 6' caged enclosure at all times when
outside;
. The dog must wear a muzzle when walked;
9
October 15,2010
. The dog can only be walked by an adult;
. The owner's property must be posted with signs identifying the dog as
dangerous;
. A microchip will be inserted into the dog for identification;
. The owner must register the dog on a yearly basis and pay a fee;
. DAS will inspect the property to ensure the rules are observed.
Officer Hinkley noted if a dangerous dog attacks again, the Ordinance states it will be
euthanized.
The Special Magistrate asked the Respondent to describe the incident at his home
when the Officer was present.
Mr. Wyss stated Chloe was initially very protective of the family, i.e., "alpha" dog.
She is no longer allowed to freely roam the house, which contributed to the "alpha"
attitude.
He further stated declaring Chloe as "dangerous" and posting his home would place a
hardship on his family since the Homeowners' Association will not allow the dog to
remain - his family will be required to either move or relinquish the animal.
He reiterated the dog "has come a long way," and continual training ofthe dog and
the family will prevent an incident from occuring.
Officer Hinkley stated even though the dog has been through training, he considers it
to be unpredictable because of its behavior during his visit to the Respondent's home.
There are a number of children living in the neighborhood where the Respondents
reside and he expressed concern for their safety.
The Special Magistrate stated there have been several incidents of unpredictable
behavior which is an indiction that something unexplainable is affecting the dog.
She questioned if the unexplained issues can be trained out of the dog. It appears
the dog has a problem with impulse control. While there was not enough information
about the first incident, the second incident was severe, and the third was when the
dog lunged at the Officer even after it was in training. She noted the Respondents
did not present any reasons or new information to overturn the previous
determination. There is no part of the Ordinance that allows for rehabilitation or
lifting of the determination.
Mr. Wyss stated he will do whatever is necessary and reiterated the "dangerous dog"
decree is not warranted. Putting up signs will create problems. He stated he did not
object to muzzling the dog whenever it is outside.
The Special Magistrate DENIED the Respondents' appeal and ruled the
determination of "dangerous dog" will stand.
The Special Magistrate explained to the Respondents that the County has placed the
burden on them and if there was another incident, Chloe will be euthanized. She
cautioned them to not take any chances or relax their diligence.
10
October 15, 2010
Case #PU 4502 - CEEX 201 00019011 - BCC vs. Creative Choice Homes XlV, Ltd.
was recalled.
Senior Investigator Addison stated the Management Company has paid a total of
$8,611.33 to Waste Management who confirmed it will deliver another roll-off (open
top container) by the end of business. The Investigator will conduct a site inspection
on Saturday, October 16t\ to verify compliance.
The Special Magistrate ruled if the Investigator determined the problem has been
resolved, she will not impose afine. Ifnot, afine of$1,000 per day will be imposed.
The Respondent is required to pay the Operational Costs of $55. 00 on or before
November 15, 2010.
7. Case #CEPM 20100005779 - BCC vs. Terrv Dilozir
The Hearing was requested by Collier County Code Enforcement Field Investigator
James Kincaid who was present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (15), Chapter 22, Article II, Section 22-26 and The
Florida Building Code, Chapter 4, Section 424.2.17.1
A private dwelling swimming pool with stagnant green water without a
proper pool barrier.
Folio No: 62093680006
Violation address: 5322 Catts Street, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on October 4,
2010.
Investigator Kincaid introduced three photographs which were marked as County's
Exhibits "A" (Apri127, 2010), "B" (July 27,2010), and "c" (October 14, 2010) and
admitted into evidence. The violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to 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 22, 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 22, 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.
11
October 15, 2010
The Respondent was further ordered to obtain all applicable Permits and required
inspections to erect an approved temporary or permanent safety barrier on or
before October 25,2010, 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 a temporary barrier is erected, the Respondent must obtain an applicable Permit,
all required inspections and a Certificate of Completion for a permanent pool
enclosure and/or protective barrier on or before December 15, 2010, or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
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 Sheriffs
Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.73 on or before
November 15,2010.
Total Amount Due: $112.73
8. Case #CESD 20090011040 - BCC vs. Peter V. Schryver
The Hearing was requested by Collier County Code Enforcement Field Investigator
Reggie Smith who was present.
The Respondent was 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 10.02.06(B)(I)(a)
Unpermitted shed on property.
Folio No: 63100480004
Violation address: 4851 Catalina Drive, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 21,
2010.
Investigator Smith introduced two photographs which were marked as County's
Exhibits "A" (June 24, 2009) and "B" (October 14,2010) and admitted into evidence.
He stated the property is vacant, in foreclosure, and the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain either a Collier County
Building Permit for the existing shed or a Collier County Demolition Permit to
remove the shed, and all required inspections and a Certificate of Completion on
or before November 15,2010, or afine of $1 00. 00 per day will be imposedfor each
12
October 15, 2010
day the violation remains thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
The Respondent is to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
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 case for $112.29 on or before
November 15,2010.
Total Amount Due: $112.29
9. Case #CEPM 20100008671- BCC vs. Katherine Sheffield
The Hearing was requested by Collier County Code Enforcement Field Investigator
Christopher Ambach who was present.
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)
GIS Property Appraiser satellite imagery from the years 2005 to 2010
shows the pool on this property has become stagnant, polluted, and
unsightly.
Folio No: 36814240004
Violation Address: 660 29th Street SW, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on October 5,
2010.
Investigator Ambach introduced three pages from the Property Appraiser's web site
which were marked as County's Composite Exhibit "A" and admitted into evidence.
He also introduced two photographs which were marked as County's Exhibits "B"
(July 20,2010) and "c" (October 14, 2010) and were admitted into evidence.
The Respondent contacted the Investigator claiming the pool had been cleaned but
she would not allow him access to the property until she contacted her attorney. She
did not contact the Investigator again and the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either:
(1) Chemically treat the pool water to kill the algae and provide hi-weekly
treatments to maintain clean pool water on or before October 22, 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
13
October 15, 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 October 22, 2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
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 $112.38 on or before
November 15,2010.
Total Amount Due: $112.38
10. Case #CEPM 20100003672 - BeC vs. Charles and Geraldine Bulicz
The Hearing was requested by Collier County Code Enforcement Field Investigator
Carmelo Gomez who was present.
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 containing green, algae water and debris.
Conditions conducive to insect infestation. Unsightly appearance.
Folio No: 72650004662
Violation address: 2183 Canary Island Cove, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on October 4,
2010.
Investigator Gomez introduced one photograph, dated June 9, 2010, which was
marked as County's Exhibit "A" and admitted into evidence. He performed a site
inspection on October 14, 2010 and noted 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 October 22, 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
-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 22, 2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
14
October 15,2010
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
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.
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. If necessary, assistance may be requested from 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 casefor $112.38 on or before
November 15,2010.
Total Amount Due: $112.38
11. Case #CEROW 20090015230 - BCC vs. Chase Home Finance. LLC
The Hearing was requested by Collier County Code Enforcement Field Investigator
Rena1d Paul who was present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Section 110-31(a)
Several trees that were planted in the right of way with no Permit.
Folio No: 36239560000
Violation address: 5133 20th Court SW, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 10,
2010.
Investigator Paul introduced one photograph which was marked as County's Exhibit
"B-1" and admitted into evidence. In December, 2009, the owner died and the
property was deeded to Chase Home Finance. The bank received a copy of the
Notice ofViolation, via certified mail, but has not contacted the Investigator and the
vi1ation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either obtain an after-the-fact
Right-of-Way Permit, all required inspections and a Certificate of Completion,
or remove the trees from the right-of-way on or before October 25, 2010, or a fine
of $200.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent is to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
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
15
October 15, 2010
Enforcement during the prosecution of the casefor $112.38 on or before
November 15, .2010.
Total Amount Due: $112.38
12. Case #CESD 20100004782 - BCC vs. Dusan Petric
The Hearing was requested by Collier County Code Enforcement Field Investigator
Carme10 Gomez who was present.
The Respondent was not present.
Violations: Florida Building Code, 2007 Edition, Chapter 1 Permits,
Section 105.1 Shed
No Permits
Folio No: 36459080001
Violation Address: 3122 Santa Barbara Blvd, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 20,
2010.
Investigator Gomez introduced one photograph, dated Apri122, 2010, which was
marked as County's Exhibit "A" and admitted into evidence. The violation has not
been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain a Collier County Building
Permit for the existing shed, or a Collier County Demolition Permit to remove the
shed, all required inspections and a Certificate of Completion on or before
November 15,2010, or afine of $1 00. 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 Respondent is to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
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 case for $112.20 on or before
November 15,2010.
Total Amount Due: $112.20
13. Case #CEPM 20100008282 - BCC vs. Judith Harbrecht Hill. Tr and
William P. Hill. Tr
The Hearing was requested by Collier County Code Enforcement Field Investigator
James Kincaid who was present.
The Respondents were not present.
16
October 15,2010
Violations: Collier County Code of Laws and Ordinances Chapter 22, Article VI,
Section 23-231 (15).
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.
Folio No: 55402400004
Violation address: 451 Torrey Pines Point, Naples, FL
The Notice of Hearing as posted at the property and Courthouse on October 4,2010.
Investigator Kincaid introduced two photographs which were marked as County's
Exhibits "A" (June 17,2010) and "B" (October 14,2010), 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 October 22, 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
-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 22, 2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The 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.
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. If necessary, assistance may be requested from 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 for $112.73 on or before
November 15,2010.
Total Amount Due: $112.73
19. Case #CEPM 20100013252 - BCC vs. Trov M. and Michelle R. Maddux
The Hearing was requested by Collier County Code Enforcement Field Investigator
Carmelo Gomez 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).
Water green with algae.
17
October 15, 2010
Folio No: 23946008703
Violation address: 674 Lambton Lane, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 20,
2010.
Investigator Gomez introduced one photograph, dated August 5, 2010, which was
marked as County's Exhibit "A" and 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 October 22, 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 22, 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.
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.
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. If necessary, assistance may be requested from 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 casefor $112.20 on or before
November 15, 2010.
Total Amount Due: $112.20
21. Case #CEPM 20100005355 - BCe vs. Olea Nikolakopoulos
The Hearing was requested by Collier County Code Enforcement Field Investigator
Carmelo Gomez who was present.
The Respondent was 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)
Pool water black.
Folio No: 23971640000
Violation address: 1412 Monarch Circle, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 10,
2010.
18
October 15,2010
Investigator Gomez introduced one photograph, dated Apri126, 2010, which was
marked as County's Exhibit "A" and admitted into evidence. The violation has not
been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to 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 22, 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
-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 22, 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.
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.
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 $112.20 on or before
November 15,2010.
Total Amount Due: $112.20
22. Case #CENA 20100009705 - BCC vs. O'Neill Partners. LLC
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joseph Mucha who was present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-181
Unauthorized accumulation of litter on the property.
Folio No: 35745280008
Violation address: 2136 Sunshine Blvd, Naples, FL 34116
The Notice of Hearing was posted at the property and Courthouse on September 28,
2010.
Investigator Mucha introduced 10 photographs (July 21,2010) and 10 phtographs
(October 11,2010), which were marked as County's Composite Exhibits "A" and
"B" respectively, and admitted into evidence. The Notice ofViolation was sent to the
owner via certified mail and delivery was confirmed. The violation has not been
abated.
19
October 15, 2010
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove the unauthorized
accumulation of litter on or before October 22,2010 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.
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.
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). If necessary, assistance may be requested from the Collier County
Sheriffs Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.12 on or before
November 15,2010.
Total Amount Due: $112.12
24. Case #CESD 20090000340 - BCC vs. John M. Mueller. Jr. and Elizabeth
Mueller
The Hearing was requested by Collier County Code Enforcement Field Investigator
Jonathan Musse who was present.
The Respondents were 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 22-6(b)(104.5.1.4.4)
Fence Permit #2006120659 issued on 12-7-06, expired 6-5-07. No final
inspection was made. No Certificate of Completion was issued.
Folio No: 66480400002
Violation address: 834 Bentwood Drive, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on October 4,
2010.
Investigator Musse introduced three photographs, marked as County's Exhibit "Bl -
3," and a copy ofa three-page Permit, marked as County's Exhibit "CI-3," which
were admitted into evidence.
He stated Permit #2006120659 was issued on December 7, 2006 for a pool fence but
expired on June 5, 2007. The Building Inspector failed Final Inspection the because
the fence did not complete1y surround the pool. The Investigator noted the fence
layout was originally approved by the County when the Permit application was
submitted.
The Special Magistrate questioned how the County could approve the application and
then find the fence was in violation when it complied with the issued Permit.
20
October 15,2010
The Special Magistrate ruled the owners were NOT GUILTY of the violation.
25. Case #CESD 20100008544 - BCC vs. HAPA Investments. LLC
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joseph Mucha who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 4.06.01(D)(I)
Overgrown hedges blocking the visibility of oncoming traffic on the
comer of 41st Street SW and 18th Avenue SW.
Folio No: 35776440008
Violation address: 179741 st Street SW, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 17,
2010.
Investigator Mucha introduced the following documents which were marked as
County's Exhibits and admitted into evidence:
. Composite "A" - two photographs dated June 29,2010
. "B" - a diagram from the Land Development Code illustrating a clear line of
sight triangle
. "c" - an aerial photgraph from the Property Appraiser's Office
He noted the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to trim the hedges to a level between
30 inches and eightfeet above the crown of the adjacent roadway, and continually
maintain visibility at the intersection, on or before October 22,2010
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.
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.
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). 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 $112.20 on or before
November 15,2010.
Total Amount Due: $112.20
RECESS: 12:50 PM
RECONVENED: 1:00 PM
21
October 15, 2010
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20090013071 - BCC vs. Edward A. and Paula L. Kaulbars
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, and Article VI, Property Maintenance Code,
Section 22-231(15))
Pool is green in color, stagnate and not properly maintained.
Folio No: 74901001448
Violation Address: 1579 Whispering Oaks Circle, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 14,
2010.
Fines have accrued at the rate of$250.00 per day for the period from June 12,2010
through August 17,2010 (67 days) for a total fine amount of$16,750.00.
Previously assessed Operational Costs of$112.56 have not been paid.
Abatement costs incurred by the County of $948.70 have not been paid.
The total amount due to date is $17,811.26.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $17,811.26.
2. Case #CEROW 20090019407 - BCC vs. Matthew J. Rvan
The County was represented by Code Enforcement Field Investigator Jonathan
Musse.
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
10-31-04 without obtaining all inspections and approval.
Folio No: 62841200007
Violation address: 569 104th Avenue N, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 16,
2010.
Fines have accrued at the rate of$100.00 per day for the period from September 7,
2009 through October 15,2010 (39 days) for a total fine amount of$3,900.00.
22
October 15, 2010
Fines continue to accrue.
Previously assessed Operational Costs of $112.29 have not been paid.
The total amount due to date is $4,012.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $4, 012.29 and notedfines continue to accrue.
3. Case #CEV 20100007342- BCC vs. Alvus M. Perkins
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 2.01.00(A)
Vehicle on site with expired plates and inoperable commercial
equipment.
Folio No: 38160480008
Violation address: 6311 Copper Leaf Lane, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 15, 2010.
Fines have accrued at the rate of $50.00 per day for the period from September 8,
2010 through October 15, 2010 (38 days) for a total fine amount of$I,900.00.
Fines continue to accrue.
Previously assessed Operational Costs of$112.20 have not been paid.
The total amount due to date is $2,012.20.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $2, 012.20 and notedfines continue to accrue.
7. Case #CEPM 20100002802 - BCC vs. Gabriela Guzman
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, 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, FL
The Notice of Hearing was posted at the property and Courthouse on September 10,
2010.
23
October 15,2010
Fines have accrued at the rate of$250.00 per day for the period from September 7,
2010 through October 15, 2010 (39 days) for a total fine amount of$9,750.00.
Fines continue to accrue.
Previously assessed Operational Costs of$112.82 have not been paid.
The total amount due to date is $9,862.82.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $9,862.82 and noted fines continue to accrue.
8. Case #CEV 20090013615 - BCC vs. Lorrie L. Callow
The County was represented by Code Enforcement Field Investigator Jonathan
Musse.
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 of the two is inoperable.
Folio No: 62650320000
Violation address: 786 103rd Avenue N, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 16,
2010.
Fines have accrued at the rate of $50.00 per day for the period from September 8,
2010 through October 15,2010 (38 days) for a total fine amount of$I,900.00.
Fines continue to accrue.
Previously assessed Operational Costs of$112.20 have not been paid.
The total amount due to date is $2,012.20.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $2, 012.20 and notedfines will continue to accrue.
10. Case #CEPM 20090015776 - BCC vs. Alexander Domin2uez and Joanka C.
Diaz-Domin2uez
The County was represented by Code Enforcement Field Investigator Jonathan
Musse.
The Respondents were not present.
Violations: Collier County Laws and Ordinances, Chapter 22, Buildings and
Building Regulations, Article VI, Property Maintenance Code,
Section 22-231(15) and 22-231(12)(1)
Pool area in disrepair, also green water and items in water.
Folio No: 62635080006
Violation Address: 669 99th Avenue N, Naples, FL
24
October 15, 2010
The Notice of Hearing was posted at the property and Courthouse on September 16,
2010.
For Part "B" of the Order, fines have accrued at the rate of $250.00 per day for the
period from Apri127, 2010 through July 27,2010 (92 days) for a total fine amount of
$23,000.00.
For Part "c" ofthe Order, fines have accrued at the rate of$250.00 per day for the
period from Apri127, 2010 through July 27,2010 (92 days) for a total fine amount of
$23,000.00.
Abatement costs incurred by the County of $990.20 have not been paid.
Previously assessed Operational Costs of $112.64 have not been paid.
The total amount due to date is $47,102.84.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $47,1 02. 84.
11. Case #CEPM 20100003285- BCC vs. John Kolak
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, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Private swimming pool not maintained. Presenting unsightly
appearance, water stagnate, polluted with conditions conducive to insect
infestation.
Folio No: 72650003346
Violation address: 1372 Areca Cove, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 13,
2010.
Fines have accrued at the rate of$250.00 per day for the period from June 15,2010
through August 17,2010 (64 days) for a total fine amount of$16,000.00.
Abatement costs incurred by the County of $700.00 have not been paid.
Previously assessed Operational Costs of$112.38 have not been paid.
The total amount due to date is $16,812.38.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$16,812.38.
25
October 15, 2010
12. Case #CEPM 20090004566 - BCC vs. Edith Granados
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, 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: 181841 st Street SW, Naples, FL
The Notice of Hearing was posted at the property and Courthouse on September 22,
2010.
For Part "B" ofthe Order (roof), fines have accrued at the rate of$250.00 per day for
the period from June 8, 2010 through October 15,2010 (130 days) for a total fine
amount of $32,500.00.
For Part "c" of the Order (fence), fines have accrued at the rate of$250.00 per day
for the period from June 8, 2010 through September 17, 2010 (102 days) for a total
fine amount of$25,500.00. Part "c" has been abated.
For Part "D" ofthe Order (pool), fines have accrued at the rate of $250.00 per day for
the period from June 8, 2010 through October 15,2010 (130 days) for a total fine
amount of $32,500.00.
Fines continue to accrue on Part "B" and Part "D."
Previously assessed Operational Costs of$112.82 have been paid.
The total amount due to date is $90,500.00.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount ofS90,500.00 and notedfines continue to accrue only on Part "B"
and Part "D. "
VII. OLD BUSINESS
A. Motion to Rescind Previously Issued Orders:
1. Case #2006050608 - BCC vs. Marion Smith and James Seals
Violations: Collier County Ordinance 2004-58, Section 6, Subsections 10,11,12b,
12i, 12j, 12k, 121, 12m, 19a and 19c, the Property Maintenance
Ordinance
Numerous internal and external minimum housing violations as
described in the Property Maintenance Inspection Report.
Folio No: 62100120006
Violation address: 5408 Carlton Street, Naples, FL
26
October 15, 2010
Supervisor Waldron stated an original Order and an Amended Order were issued.
The County requested to rescind the original Order and the Imposition of Fines Order
to be able to impose on the Amended Order at a future date.
The Special Magistrate GRANTED the County's Motion to Rescind.
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.
IX. REPORTS
None
X. NEXT HEARING DATE
November 5, 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 1:17 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
27