CESM Minutes 12/03/2010
December 3, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 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
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: December 3, 2010 at 9:00 A.M.
LOCATION: Collier County Government Center, 3299 East Tamiami Trail, 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
VERBATIM 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.
L CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROY AL OF AGENDA
III. APPROY At OF MINUTES - October 15,2010
IV. MOTIONS
PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 158840-CEEX20100019296
ALYSSA R. JONES
DEPUTY PETE CACERES
CODE OF LAW & ORD., SEe. 130-66 (1) (h)
FIRE LANE
VIOLA TION
ADDRESS:
15215 COLLIER BLVD, NAPLES
1
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA nON
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA T10N
ADDRESS:
SO 171470-CE EX20 100020388
DIANE TRUE
DEPUTY KENNETH ROBINS
CODE OF LA W & ORD., SEC 130-66
UNLAWFUL AREA, NOT A DESIGNATED PARKING SPOT
BAREFOOT BEACH PRESERVE
S002190-CEEX20 JOOO19183
JEAN MARTINO STANIS
CORPORAL BRAD GANGL
CODE OF LAW & ORD. 2009-27, SEe. 142-30(A)
NO MOTOR VEHICLE LICENSE TO OPERATE AS A VEHICLE FOR HIRE
9114 STRADA PLACE, BLUE MARTINI, NAPLES
S0153357-CEEX20100017894
STEPHEN M. MORSTEIN
DEPUTY M. CRAIG
CODE OF LA W & ORD., SEe 130-67
HANDICAPPED SPACE
VANDERBILT BEACH
S002189-CEEX20100019302
PHARICIEN FRADET
CORPORAL DRUCKS
CODE OF LAW & ORD. 2009-27, SEC 142-30(A)
NO MOTOR VEHICLE LICENSE TO OPERATE AS A VEHICLE FOR HIRE
9114 STRADA PLACE, NAPLES
S002198-CEEX20100019285
PEKENS ANDRIS
CORPORAL BRAD GANGL
CODE OF LAW & ORD. 2009-27, SEC. 142-33(A)
VEHICLE FOR HIRE PERMIT EXPIRED
15895 NORTH T AMIAMI TRAIL, NAPLES
S0021 99-C E EX20 1 000 19288
PEKENS ANDRIS
CORPORAL BRAD GANGL
CODE OF LA W & ORD. 2009-27, SEC. 142-33
NO INSURANCE POLICY OR DOCUMENTS ON OR IN THE CAB
15495 TAMIAMI TRAIL, NAPLES
2
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
J O. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
VIOLA TION
ADDRESS:
II. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
VIOLATION
ADDRESS:
S002200-C E EX20J 000 J 9290
PEKENS ANDRIS
CORPORAL BRAD GANGL
CODE OF LAW & ORD. 2009-27, SEC. 142-33
EXPIRED OPERATOR LICENSE FOR HIRE VEHICLE (CAB), EXPIRED APRIL 30, 2010
15495 TAMIAMI TRAIL, NAPLES
S0173068-CEEX20100019894
HELENJ.LUNDERGAN
DEPUTY KELLER
CODE OF LAW & ORD" SEC. 130-67
HANDICAPPED SPACE, NO PERMIT VISIBLE
BORDERS BOOKS, 10600 TAMIAMI TRAIL, NAPLES
SO 162664-CEEX20 100019614
FABIANO PINTO
CORPORAL D. CHRISTIANSEN
CODE OF LA W & ORD., SEC 130-67
HANDICAPPED SPACE
9069 GERV AIS CIRCLE, NAPLES
S002194-CEEX20100019901
BALBOA C. SAWYER
CORPORAL BRAD GANGL
CODE OF LAW & ORD.2009-27, SEe. 142-33
OPERATING WITHOUT A eOLLlER COUNTY LICENSE TO OPERATE A VEHICLE FOR
HIRE
15495 TAMIAMI TRAIL, NAPLES
S002195-CEEX20100019939
BALBOA C. SAWYER
CORPORAL BRAD GANGL
CODE OF LAW & ORD. 2009-27, SEC 142-33
INSURANCE DECLARATION VIOLATION, NO PROOF OF INSURANCE FOR HIRE
VEHICLE
15495 TAMIAMI TRAIL, NAPLES
S002196-CEEX20.100019941
BALBOA C. SAWYER
CORPORAL BRAD GANGL
CODE OF LA W & ORD., 2009-27, SEC 142-33
NO COUNTY DRIVERS ID TO OPERATE A FOR HIRE VEHICLE
15495 TAMIAMI TRAIL, NAPLES
3
14. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
VIOLA TlON
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TlON
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VIOLATION
ADDRESS:
S002191-CEEX20100020374
GABRIEL L. FIELD
CORPORAL DRUCKS
CODE OF LAW & ORD. 2009-27, SEC. 142-30(A)
NO MOTOR VEHICLE LICENSE TO OPERATE AS A VEHICLE FOR HIRE
AIRPORT ROAD AT IMMOKALEE ROAD
PR045337-CEEX201 0001 9972
TYLER D. MANRING
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LAW & ORD., SEe. ] 30-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
CLAM PASS
PR046378-CEEX20 I 00020254
THOMAS G. BRODERICK
PARK RANGER KURT ARAQUISTAIN
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE, NO HANDICAPPED PERMIT
GOLDEN GATE COMMUNITY PARK
DAS12214-CEEX20100020744
ARTHUR CORRY
OFFICER PETER HINKLEY
CODE OF LAW & ORD. 14-32, SEe. A(I)
FAILURE TO LICENSE
6832 TRAIL BLVD, NAPLES
CEPM20100007875
DENNIS & ROBERTA WOLFE
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). GREEN POOL.
36380720003
2500 55TH ST SW, NAPLES
CEV20 1 00008279
MARTIN CASTRO VILLAGOMEZ & ROSA LEON
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.05.03. A CAR AND A V AN PARKED ON THE GRASS BEHIND THE WOOD FENCE.
80000004
1018 RINGO LANE, IMMOKALEE
4
20. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TI0N
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CELU20100006221
ALBERT HOUSTON, SR
INVESTIGA TOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1.04.01(a). A FLEETWOOD PIONEER TRAVEL TRAILER WITH EXPIRED LICENSE
PLATE PARKED/STORED ON IMPROVED, ABANDONED PROPERTY, IN A
RESIDENTIAL ZONED DISTRICT.
25631200005
216 4TH STREET, IMMOKALEE
CE80200900 18853
NEFf ALl M. & MARIE D. ORTIZ
INVESTIGATOR WELDON WALKER
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 (B)(I)(a). ON SITE OBSERVED TWO SHEDS TO THE REAR OF PROPERTY.
RESEARCH REVEALS THAT SHEDS ARE UNPERMITTED.
60182160002
606 ROBERTS AVE W, IMMOKALEE
CEPM20100008271
JARRED KAPLAN & SCOTT M. DlAMENT
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12)(n), 22-231 (18),22-23 I (12)(b), 22-231 (12)(m), 22-231 (12)(g), AND 22-
231 (II). EXTERIOR WALLS OF BOATHOUSE HAVE HOLES, ROTTING MISSING WOOD.
THERE ARE SECTIONS OF EXTERIOR WALLS MISSING A PROTECTIVE COATING.
THE INSULATION ON THE UNDERSIDE OF THE BOATHOUSE HAS FALLEN AND IS
LYING ON THE GROUND. THERE ARE GUARD RAILS MISSING FROM WOODEN DECK
BY ENTRANCE DOOR TO BOATHOUSE. THE WOODEN DOCK LOCATED
UNDERNEATH THE BOATHOUSE HAS DETACHED FROM SEAWALL AND IS LYING IN
THE WATER. EXTERIOR LIGHnNG ON FRONT OF BOATHOUSE STRUCTURE HAS
DETACHED FROM THE MOUNT AND IS HANGING BY THE WIRES.
69040080005
I 100 RAINBOW DRIVE, NAPLES
CEPM20100009S75
STEVEN M. & DEBRA MASTRANGELO
INVESTIGATOR REGGIE SMITH
CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, PROPERTY
MAINTENANCE CODE, SECTION 22-231(15). VACANT HOME WITH POOL WATER
DARK IN COLOR.
29555003708
2064 PICCADILLY CIRCUS, NAPLES
5
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
27. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
28. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100009592
BAC HOMELOANS SERVICING LP
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(BXI)(a). SHED ON PROPERTY WITH NO PERMITS.
36312520006
2267 51ST TERRACE SW, NAPLES
CEPM20100009607
DAVID & PAULINE K. HEALEY FAMILY TRUST U/T/D 911/03
INVESTIGATOR REGGIE SMITH
CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI PROPERTY
MAINTENANCE CODE, SEeTION 22-231 (15). POOL WATER UNMAINT AINED, DARK
IN COLOR, AND STAGNATE/ALGAED.
31055004800
6650 HAR WICH CT, NAPLES
CEPM20090015732
CITlBANK
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS I2c, 12i, 12p, AND 19. VACANT STRUCTURE WITH
BOARDED UP WINDOWS AND ROOF DAMAGE. ROOF DAMAGE HAS CAUSED
DAMAGE TO THE INTERIOR OF THE STRUCTURE TO INCLUDE THE CEILING AND
WALLS.
62632680001
612 102ND AVE N, NAPLES
CEPM20100019213
CITIBANK
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(19). VACANT STRUCTURE WITH BEE INFESTATION IN THE SOFFIT
AND REAR EXTERIOR WALL.
62632680001
612 102N1) AVE N, NAPLES
CESD20090012012
ERNIE J. & DELAYNA BLAIN
INVESTIGATOR TONY ASARO
FLORIDA BUILDING eODE 2004 EDITION, CHAPTER I, SECTION 105.1 AND SECTION
111.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06 (B)(\)(e)(i). ELECTRIC AND PLUMBING ADDED TO BUILDING WITHOUT
PERMITS.
37880000109
1750 24TH AVE NE, NAPLES
6
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
31. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
32. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
33. CASE NO:
OWNER:
OFFICER:
VIOLA T10NS:
FOLIO NO:
VIOLATION
ADDRESS:
CENA20100009616
JEAN CLAUDE MARTEL
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-181 AND 54-179. REPEAT VIOLATION OF LITTER/DERELICT ITEMS
CONSISTING OF BUT NOT LIMITED TO: CHEMICAL JUGS, PAINT CANS, WOOD,
BROKEN FURNITURE, PLASTICS, METALS, CLOTH MATERIAL, AND OTHER MISC.
ITEMS SCATTERED THROUGHOUT THE FRONT YARD.
61839320000
3190 KAREN DRIVE, NAPLES
CELU20100007056
CHRISTOPHER COMBS
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1.04.01(A) AND SECTION 2.02.03. UNAUTHORIZED STORAGE OF A CONTAINER ON
AGRICULTURAL ZONED PROPERTY,
61736720004
2230 DELLA DRIVE, NAPLES
CEAU20100008895
INDYMAC FEDERAL BANK
INVESTIGATOR RENALD PAUL
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1.
UNPERMITTED FENCE.
36121800001
4961 21ST PL SW, NAPLES
CESD20100014276
DENTON II LLC
INVESTIGATOR ED MORAD
eOLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 (B)(1)(a). LARGE METAL TYPE SHED PLACED IN THE REAR OF IMPROVED
PROPERTY WITHOUT A PERMIT.
66930120007
437 CARVER STREET, IMMOKALEE
CESD20100003742
SANDRA L. CASTRO
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
LO.02.06(B)(l)(a). FENCE AND STRUCTURES ON THE PROPERTY WITHOUT COLLIER
COUNTY BUILDING PERMIT(S).
40060360106
3950 31 ST AVE NE, NAPLES
7
34. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
35. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
36. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
37. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
38. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20 J 00007869
REGIONS BANK
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULA nONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL WATER GREEN WITH ALGAE.
56100920005
11235 LONGSHORE WAY W, NAPLES
CEPM20100018647
TARPON IV LLC
INVESTIGA TOR ED MORAD
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTION 22-231 (12)(i). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND
NOT PROPERLY FITTED WITHIN ITS FRAME AND NOT PROVIDED WITH LOCKABLE
HARDWARE, AND NOT WEATHER-TIGHT AND WEATHERPROOF, AND NOT
MAINTAINED IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT
CRACKS OR HOLES.
65070800000
616 PALMETTO AVE, IMMOKALEE
CEV20 1 00007074
TIMOTHY STEIN ER
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 I.OO(A). TRAILERS ON SITE WITH INVALID LICENSE PLATES.
38160640000
6291 COPPER LEAF LANE, NAPLES
20071 00659
LONNY MOORE TR
INVESTIGATOR CHRISTOPHER AMBAeH
COLLIER COUNTY ORDlNANCE(S): 2005-44 SECTIONS 6,7, AND 8. ACCUMULATION
OF LITTER.
37161440006
120 7m ST SW, NAPLES
CESD20100001280
EDlLBRA Y C. PEREZ & BELKIS MARTINEZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
IO.02.06(B)(I)(a). UNPERMITTED SHED ON SITE.
36234240008
5563 ) 7TH AVE SW, NAPLES
8
39. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
40. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
41. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
42. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
C. Emergency Cases:
CEY20100006169
KATHERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). SEVERAL UNLICENSED AND INOPERABLE VEHICLES AND TRAILERS ON
THE PROPERTY.
36814240004
660 29TH ST SW, NAPLES
CENA20100006172
KATHERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54- I 79 AND
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: METALS, WOOD,
PLASTICS, HOUSEHOLD TRASH, RUSTED BROKEN BICYCLES, OLD CAR PARTS AND
nRES THROUGHOUT THE PROPERTY.
36814240004
TH
660 29 ST SW, NAPLES
CESD20100005160
JOSE A. & RAQUEL NUNEZ
INVESTIGATOR JOSEPH MUCHA
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1. PERMIT
2010041504 FOR FENCE THAT NEEDS TO BE INSPECTED AND RECEIVE CERTIFICATE
OF COMPLETION. PREVIOUS PERMIT FOR FENCE EXPIRED WITH NO INSPECTIONS.
35770000004
4517 17TH AVE SW, NAPLES
CESD20JOOOOJ211
JOHN POPO & MARIA PEREZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
5.03.02(A), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1.
FENCE FAILING, BROKEN AND LEANING. UNSIGHTLY. FENCE UNPERMITTED.
36383840003
5400 26TH PL SW, NAPLES
9
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLAnON
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEAU20090008537
ANTON KARABA & EVA KARABOVA
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-4 I, AS AMENDED, SECTION
5.03.02(A) AND FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, SECTION 105.1.
WOODEN FENCE BUILT ON PROPERTY WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT.
48600000705
12243 FULLER LANE, NAPLES
CEPM20080010842
JOHANN AND AST A MARTI
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY eODE OF LA WS AND ORDINANCES, ARTICLE VI, SECTION 22-231
SUBSECTIONS2,3,4,5,8,9, 10, 11, 12b, 12c, I2i, I2j, I2k, 121, 12m, 120, I2p, 12r, 19, AND
20. RENTAL PROPERTY WITH SEVERAL MINIMUM HOUSING VIOLATIONS TO
INCLUDE BUTNOT LIMITED TO: NO HOT WATER SUPPLY, NO WATER HEATING
FACILITIES, NO HEATING EQUIPMENT, REFRIGERATOR NOT IN GOOD WORKING
ORDER, NO VENTILATION FOR BATHROOM, ELECTRICAL OUTLETS AND LIGHTS
NOT IN GOOD WORKING ORDER, EXTERIOR WALLS POORLY 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 VALVES THAT NEED
REPAIR, AND NO SMOKE DETECTOR PROVIDED.
61481640002
1888 AIRPORT ROAD S, NAPLES
CEPM20090012924
FEDERAL NATIONAL MRTG CORP
INVESTIGATOR PATRICK BALDWIN
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). SWIMMING POOL WATER IS BLACK, FILLED WITH ALGAE AND
STAGNATING.
69060108488
1413 1 FALL CREEK CT, NA PLES
10
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: January 14,2011 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
II
December 3, 2010
I. CALL TO ORDER
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at
9:12 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 Officers for a Resolution
by Stipulation. The goal is to obtain compliance without being punitive.
RECESS: 9:26 AM
RECONVENED: 9:47 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
case:
· Agenda #21, Case #CESD 20090018853 - BCC vs. Neftali M. & Marie D.
Ortiz
· Agenda #24, Case #CESD 20100009592 - BCC vs. BAC Home Loans
Servicing, LP
(b) Under Item V (B), "Hearings," the following cases were withdrawn by the
County:
· Agenda #1, Case #SO 158840 - CEEX 20100019296 - BCC vs. Alyssa R.
Jones
· Agenda #4, Case #SO 153357 - CEEX 20100017894 - BCC vs. Stephen M.
Morstein
· Agenda #5, Case #SO 02189 - CEEX 20100019302 - BCC Vs. Pharicien
Fradet
· Agenda #6, Case #SO 02198 - CEEX 20100019285 - BCC vs. Pekens Andris
· Agenda #7, Case #SO 02199 - CEEX 20100019288 - BCC vs. Pekens Andris
· Agenda #8, Case #SO 02200 - CEEX 20100019290 - BCC vs. Pekens Andris
· Agenda #10, Case #SO 162664 - CEEX 20100019614 - BCC vs. Fabiano
Pinto
· Agenda #11, Case #SO 02194 - CEEX 20100019901- BCC vs. Balboa C.
Sawyer
· Agenda #12, Case #SO 02195 - CEEX 20100019939 - BCC vs. Balboa C.
Sawyer
· Agenda #13, Case #SO 02196 - CEEX 20100019941- BCC vs. Balboa C.
Sawyer
· Agenda #14, Case #8002191- CEEX 20100020374 - BCC vs. Gabriel L.
Field
· Agenda #15, Case #PR 045337 - CEEX 20100019972 - BCC vs. Tyler D.
Manring
2
December 3, 2010
· Agenda #16, Case #PR 046378 - CEEX 20100020254 - BCC vs. Thomas G.
Broderick
· Agenda #17, Case #DAS 12214 - CEEX 20100020744 - BCC vs. Arthur
Corry
· Agenda #19, Case #CEV 20100008279 - BCC vs. Martin Castro Villagomez
and Rosa Leon
· Agenda #22, Case #CEPM 20100008271 - BCC vs. Jarred Kaplan & Scott
M. Diament
· Agenda #23, Case #CEPM 20100009575 - BCC vs. Steven M. & Debra
Mastrangelo
· Agenda #28, Case #CESD 20090012012 - BCC vs. Ernie J. & Delayna Blain
· Agenda #30, Case #CELU 20100007056 - BCC vs. Christopher Combs
· Agenda #31, Case #CEAU 20100008895 - BCC vs. IndyMac Federal Bank
· Agenda #34, Case #CEPM 20100007869 - BCC vs. Regions Bank
· Agenda #41, Case #CESD 20100005160 - BCC vs. Jose A. & Raquel Nunez
(c) Under Item VI (A), "Motion for Imposition of Fines," the following case was
withdrawn by the County:
· Agenda #1, Case #CEAU 20090008537 - BCC vs. Anton Karaba & Eva
Karabova
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 - October 15, 2010
The Minutes of the Special Magistrate Hearing held on October 15,2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS: None
V. PUBLIC HEARINGS:
A. Stipulations:
21. Case #CESD 20090018853 - BCC vs. Neftali M. & Marie D. Ortiz
The Hearing was requested by Code Enforcement Investigator Weldon Walker, Jr.
who was present.
The Respondents were not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 10.02.06 (B)(1)(a)
On site observed two sheds to the rear of property. Research reveals that
sheds are unpermitted.
Folio No: 60182160002
3
December 3, 2010
Violation address: 606 Roberts Ave. W, Immoka1ee
A Stipulation was entered into by Respondent, Maria D. Ortiz, on behalf of her
husband, Neftali M Ortiz, and herself on December 1,2010.
Investigator Walker outlined the terms of the Stipulation agreed to by the parties.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to apply for and obtain a valid Collier
County Building or Demolition Permits, all required inspections and a Certificate
of Completion on or before April 3, 2011, or afine of $100. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondents are to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator peiform 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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the terms of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.29 on or before
January 3,2011.
Total Amount Due: $112.29
24. Case #CESD 20100009592 - BCC vs. BAC Home Loans Servicinl!. LP
The Hearing was requested by Code Enforcement Investigator Rena1d Paul who was
present.
The Respondent was represented by Attorney Robert N. Johnson.
Violations: Collier County Land Development Code 04-41, as amended,
Section 1 0.02.06(B)(1 )(a)
Shed on property with no Permits.
Folio No: 36312520006
Violation address: 2267 51 st Terrace SW, Naples
A Stipulation was entered into by Robert N Johnson, Esq., on behalf of the
Respondent, on December 3,2010.
Investigator Paul outlined the terms of the Stipulation agreed to by the parties.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain any/all Permits as required
by Collier County Building for any/all additions to the property, or obtain any and
all Permits for removal of all unpermitted additions to the property, all required
4
December 3,2010
inspections and a Certificate of Completion on or before March 3, 2011, or afine
of $100.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
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 casefor $112.47 on or before
January 3, 2011.
Total Amount Due: $112.47
Attorney Johnson confirmed the terms of the Stipulation were accepted by his client.
B. Hearings:
Supervisor Waldron noted the following case was WITHDRAWNby the County:
· Agenda #3, Case #SO 02190 - CEEX 20100019183 - BCC vs. Jean
Martino Stanis
29. Case #CENA 20100009616 - BCC vs. Jean Claude Martel
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who
was present.
The Respondent was also present.
Violations: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-181 and 54-179
Repeat Violations oflitter/derelict items consisting of but not limited to:
chemical jugs, paint cans, wood, broken furniture, plastics, metals, cloth
material, and other misc. items scattered throughout the front yard.
Folio No: 61839320000
Violation address: 3190 Karen Drive, Naples, FL 34112
The Respondent resides at 3190 Karen Drive, Naples, Florida 34112.
Investigator Sorrels introduced the following documents, which were marked as
County's Exhibits and admitted into evidence:
· "B" - two photographs dated July 30th (taken by Investigator Sorrels)
· "C" - three photographs dated September 24th (taken by Investigator
Crowley)
· "D" - two photographs taken on November 30th (taken by Supervisor
Petrulli)
5
December 3, 2010
The Investigator stated the County abated the previous violations in 2007. The
current violations have not been abated - the Respondent merely rearranged the items
on his property.
The Respondent stated he would move the items to a location near Airport and Davis
Roads to sell.
The Special Magistrate noted the Respondent had not presented a defense to the
repeated violations and stated his property was an eyesore. She explained the daily
fines were higher due to the repeat nature of the violations.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove the litter to an appropriate
disposal site or store the items in a completely enclosed structure on or before
December 10,2010, 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.
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
February 3,2011.
Total Amount Due: $112.20
The Special Magistrate admonished the Respondent against making threatening
statements to Code Enforcement Investigators or Sheriffs Deputies.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case #CEPM 20080010842 - BCC vs. Johann and Asta Marti
The County was represented by Code Enforcement Property Maintenance Specialist
Joseph Mucha.
The Respondents were represented by their son, Roy Marti.
Violations: 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
6
December 3,2010
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 ventilation
for bathroom, electrical outlets and lights not in good working order,
exterior walls poorly 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 valves that need repair, and no smoke detector provided.
Folio No: 61481640002
Violation address: 1888 Airport Road S, Naples
Roy Marti resides at 6070 English Oaks Lane, Naples, Florida 34119.
He stated his mother was deceased and presented written authorization from his father
giving permission to represent him.
The initial Order was issued on October 17,2008.
Investigator Mucha stated Part "B" of the Order was abated on November 10,2008
and Part "C" was abated on November 2,2010.
For Part "B" (Boarding), fines have accrued at the rate of$250.00 per day for the
period from October 25,2008 through November 10,2008 (17 days) for a total fine
amount of $4,250.00.
For Part "C" (Minimum Housing Violations), fines have accrued at the rate of
$250.00 per day for the period from December 18, 2008 through November 2, 2010
(685 days) for a total fine amount of$171,250.00.
Previously assessed Operational Costs of $117.96 have been paid.
The total amount due to date is $175,500.00.
The Investigator noted the rental property is vacant and securely boarded.
Roy Marti explained his parents sold the property in 1995. In 1999, the new owners
asked his parents to privately finance their personal home (1882 Airport) and the
property at 1888 Airport Road. Due to the lack of payment of the mortgage and
property taxes, Mr. and Mrs. Marti sued the owners who filed for bankruptcy. In
March 2010, they were able to retrieve 1888 Airport Road. Roy Marti was advised
by Counsel to remain away from the property during litigation. He requested
reduction of the fines because the property had not been under his parents control
when the violations occurred.
The Special Magistrate DENIED the County's Motion/or Imposition 0/ Fines.
3. Case #CEPM 20090012924 - Bee vs. Federal National Mortf!af!e Corp.
The County was represented by Code Enforcement Investigative Supervisor Cristina
Perez on behalf of Investigator Patrick Baldwin.
7
December 3, 2010
The Respondent was represented by Randall Mogg, Esq. of Marshall Watson, 1800
NW 49th Street, Ft. Lauderdale, Florida 33309.
Lee Frank, Broker, Mari1ee Realty, was also present as a witness. He is the listing
agent for the property.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (15)
Swimming pool water is black, filled with algae and stagnating.
Folio No: 69060108488
Violation address: 14131 Fall Creek Ct, Naples
The initial Order was issued on August 6, 2010.
Supervisor Perez stated the violation was abated on August 24,2010 by the
Respondent.
Fines have accrued at the rate of$250.00 per day for the period from August 10,2010
through August 24, 2010 (15 days) for a total fine amount of$3,750.00.
Previously assessed Operational Costs of$112.38 have been paid.
The total amount due to date is $3,750.00.
Attorney Mogg stated the Respondent did not receive a Deed in Lieu of Foreclosure
until August 17, 2010, and could not make repairs until it obtained title to the
property.
Mr. Franks introduced four photographs of the property that were marked as
Respondent's Composite Exhibit 1 and admitted into evidence. He stated the property
has been sold and will be closed within the next in two weeks.
The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines
but reduced the total amount due to $750.00.
RECESS: 11:03 AM
RECONVENED: 11:41 AM
V. PUBLIC HEARINGS:
B. Hearings:
2. Case #SO 171470 - CEEX 20100020388 - BCC vs. Diane True
The Hearing was requested by the Respondent who was not present.
Collier County Sheriffs Office Deputy Kenneth Robins was present.
Violations: Code of Law & Ord., Sec 130-66
Unlawful area, not a designated parking spot
Violation address: Barefoot Beach Preserve
8
December 3, 2010
The Notice of Hearing was sent via Certified Mail on November 17, 2010. Proof of
delivery on November 29, 2010 was provided by the USPS.
Deputy Robin stated the Citation was issued on October 23, 2010. He introduced
three photographs which were marked as County's Composite Exhibit "A" and
admitted into evidence. He noted the Respondent's vehicle was parked in front of a
"no parking" sign which was clearly visible.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay a civilfine of $30. 00 and an
administrative fee of $5. 00.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $50.00 on or before
January 3, 2011.
Total Amount Due: $85.00
9. Case #80 173068 - CEEX 20100019894 - BCC vs. Helen J. Lunder2:an
The Hearing was requested by the Respondent who was not present.
Collier County Sheriff s Office Deputy Lawrence Keller was present.
Violations: Code of Law & Ord., Sec. 130-67
Handicapped space, no Permit visible
Violation address: Borders Books, 10600 Tamiami Trail, Naples
The Notice of Hearing was sent via Certified Mail on November 17, 2010. Proof of
delivery on November 22,2010 was provided by the USPS.
Deputy Keller stated the Citation was issued on October 1, 2010 and observed the
Respondent's vehicle parked in a Handicapped lane. A Handicapped Parking Permit
was not displayed in the vehicle..
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay a civilfine of $250. 00 and an
administrative fee of $5. 00.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $50.00 on or before
January 3, 2011.
Total Amount Due: $305.00
18. Case #CEPM 20100007875 - BCC vs. Dennis & Roberta Wolfe
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
The Respondents were not present.
9
December 3, 2010
Violations: Collier County Code of Laws and Ordinances Chapter 22, Article VI,
Section 22-231 (15)
Green pool.
Folio No: 36380720003
Violation address: 2500 55th St. SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
November 17,2010.
Investigator Paul introduced the following photographs which were marked as
County's Exhibits and admitted into evidence:
· "B-1" - photograph of the weeds in the front of the property
· "B-2" - photograph of the pool dated October 13,2010
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to either:
(1) Chemically treat the pool water to kill the algae and provide bi-weekly
treatments to maintain clean pool water on or before December 10,2010 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
-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 December 10,2010 or afine
of $250. 00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The 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
owners. 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 $112.56 on or before
January 3, 2011.
Total Amount Due: $112.56
20. Case #CELU 20100006221- BCe vs. Albert Houston. Sr
The Hearing was requested by Code Enforcement Investigator Ed Morad who was
present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(a)
A Fleetwood Pioneer Travel Trailer with expired license plate parked!
stored on improved, abandoned property in a residential zoned district.
10
December 3, 2010
Folio No: 25631200005
Violation address: 216 4th Street, Immoka1ee
The Notice of Hearing was posted at the property and the Courthouse on
November 15,2010.
Investigator Morad introduced two photographs which were marked as County's
Exhibits "B-1 " (dated May 12, 2010) and "B-2" (dated October 4, 2010) and entered
into evidence.
He stated the owner resides in a nursing home. He met with Patrick Houston, the
owner's son, and numerous extensions of time to comply were granted. 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 remove the travel trailer to an area
zonedfor outside storage of vehicles by the close of business on December 6,2010,
or a fine 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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.29 on or before
January 3,2011.
Total Amount Due: $112.29
25. Case #CEPM 20100009607 - BCC vs. David & Pauline K. Healev Familv
Trust U/T/D 9/1/03
The Hearing was requested by Code Enforcement Investigator Reggie Smith who was
present.
The Respondents were not present.
Violations: Code of Laws and Ordinances, Chapter 22, Article VI, Property
Maintenance Code, Section 22-231(15)
Pool water unmaintained, dark in color, and stagnate/a1gaed.
Folio No: 31055004800
Violation address: 6650 Harwich Ct, Naples
The Notice of Hearing was sent via Certified Mail on November 18,2010. Proofof
delivery on November 22,2010 was provided by the USPS. The property and
II
December 3, 2010
Courhouse were posted on November 17,2010.
Investigator Smith introduced one photograph of the pool (dated July 22,2010) and
one photograph (dated December 2,2010) which were marked as County's Exhibits
"A" and "B" respectively, and admitted into evidence.
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 December 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
-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 December 10,2010 or afine
of $250. 00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The 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
owners. 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 $112.29 on or before
January 3,2011.
Total Amount Due: $112.29
26. Case #CEPM 20090015732 - BCC vs. Citibank
The County was represented by Code Enforcement Property Maintenance Specialist
Joseph Mucha who was present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 12c, 12i, 12p, and 19
Vacant structure with boarded up windows and roof damage. Roof
damage has caused damage to the interior of the structure to include the
ceiling and walls.
Folio No: 62632680001
Violation address: 612 102nd Ave. N, Naples
The Notice of Hearing was sent via Certified Mail on November 18,2010. Proofof
delivery on November 22,2010 was provided by the USPS. The property and
Courthouse were posted on November 17, 2010.
12
December 3, 2010
Investigator Mucha intorduced the following photographs which were marked as
County's Composite Exhibits and admitted into evidence:
· "A" - two photographs taken on October 5,2009
· "B" - three photographs taken on June 8, 2010
He stated the case was referred to the Foreclosure Team. On December 7,2009, the
bee infestion was abated by Citibank. A Notice of Violation was issued to the Bank
in September 2010. A representative of the Bank stated a bid proposal to demolish the
structure was under consideration, but to date, a Demolition Permit has not been
issued by the County.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to hire a licensed General
Contractor to obtain all applicable Permits, required inspections, and a Certificate
of Occupancy/Completion for required repairs to the structure or for the demolition
of the structure on or before January 3,2011, or afine of $250. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent 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.
Ifnecessary, assistance may be requestedfrom 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 $112.47 on or before
January 3,2011.
Total Amount Due: $112.47
27. Case #CEPM 20100019213 - BCC vs. Citibank
The County was represented by Code Enforcement Property Maintenance Specialist
Joseph Mucha who was present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 (19)
Vacant structure with bee infestation in the soffit and rear exterior wall.
Folio No: 62632680001
Violation address: 612 102nd Ave. N, Naples
The Notice of Hearing was sent via Certified Mail on November 18, 2010. Proof of
delivery on November 22, 2010 was provided by the USPS. The property and
Courthouse were posted on November 17,2010.
13
December 3, 2010
Investigator Mucha introduced two photogrpahs dated September 30, 2010 which
were marked as County's Composite Exhibit "A" and admitted into evidence.
He stated the bee infestation had returned.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to remove the bee infestationfrom
the vacant structure on or before December 10,2010, or afine of $250.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondent 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 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 $112.38 on or before
January 3, 2011.
Total Amount Due: $112.38
32. Case #CESD 20100014276 - BCC vs. Denton II. LLC
The County was represented by Code Enforcement Investigator Ed Morad who was
present.
Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 10.02.06 (B)(1 )(a)
Large metal type shed placed in the rear of improved property without a
Permit.
Folio No: 66930120007
Violation address: 437 Carver Street, Immokalee, FL 34142
The Notice of Hearing was sent via Certified Mail on November 19,2010 and proof
of delivery on November 22,2010 was confirmed by the US Postal Service. The
property and Courthouse were posted on November 12,2010.
Investigator Morad introduced three photogrpahs dated August 8, 2010 which were
marked as County's Composite Exhibit "A" and admitted into evidence.
He spoke with David Egozi of Gulf Group Holdings, property manager for the
Respondent, and sent a list of local Contractors. The violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain either a Collier County
Building and Land Alteration Permitfor the shed, or a Demolition Permit to
14
December 3, 2010
remove the shed, all required inspections, and a Certificate of Completion on or
before January 3,2011, or afine of $100. 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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.29 on or before
January 3,2011.
Total Amount Due: $112.29
33. Case #CESD 20100003742 - BCC vs. Sandra L. Castro
The County was represented by Code Enforcement Investigator Tony Asaro who was
present.
Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 1 0.02.06(B)(1 )(a)
Fence and structures on the property without Collier County Building
Permit(s).
Folio No: 40060360106
Violation Address: 3950 31 st Ave. NE, Naples
The Notice of Hearing was posted at the property and Courthouse on
November 23,2010.
Invesitgator Asaro introduced the following photographs which were marked as
County's Composite Exhibits and admitted into evidence:
· "A" - two photographs dated March 22, 2010
· "B" - three photographs dated June 15,2010
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain either a Collier County
Building Permit or a Demolition Permit, all required inspections, and a Certificate
of Completion for thefence and the sheds on or before January 3,2011, or afine
of $100.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
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.
15
December 3, 2010
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
January 3, 201l.
Total Amount Due: $112.29
35. Case #CEPM 20100018647 - BCC vs. Tarpon IV. LLC
The County was represented by Code Enforcement Investigator Ed Morad who was
present.
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 (12)(i)
Structures with exterior doors open to units and not properly fitted
within its frame and not provided with lockable hardware, and not
weather-tight and weatherproof, and not maintained in good repair.
Windowpanes not maintained without cracks or holes.
Folio No: 65070800000
Violation Address: 616 Palmetto Ave, Immoka1ee
The Noice of Hearing was sent via Certified Mail on November 19,2010 and proof of
delivery on November 29,2010 was supplied by the US Postal Service. The property
and Courthouse were posted on November 12,2010.
Investigator Morad introduced eleven photographs dated September 15, 2010 which
were marked as County's Composite Exhibit "A" and one photograph dated
October 8, 2010 that was marked as County's Exhibit "B-2" and all were admitted
into evidence.
He spoke with David Egozi of Gulf Group Holdings, property manager for the
Respondent. The violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to:
(1) obtain a Collier County Boarding Permit to securely board the doors and
windows of the structures on or before December 10,2010 or afine of $250.00
per day will be imposed for each day the violation remains, and
(2) to repair the doors and windows of the strutures in compliance with Code on or
before January 3,2010 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 Respondent is to notify the Code Enforcement within 24 hours of abatement
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December 3,2010
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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.47 on or before
January 3, 2011.
TotalAmount Due: $112.47
36. Case #CEV 20100007074 vs. Timothv Steiner
The County was represented by Code Enforcement Investigator Renald Paul who was
present.
Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Trailers on site with invalid license plates.
Folio No: 38160640000
Violation address: 6291 Copper Leaf Lane, Naples
The Notice of Hearing was posted at the property and Courthouse on November 16,
2010.
Investigator Paul introduced six photographs dated October 22, 2010 and marked as
County's Exhibits "B-1" through "B-6" 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 violations and ordered to either obtain a current
registration for each boat trailer, or remove them from the premises, or store them
in a completely enclosed structure on or before December 6,2010, or afine of
$50.00 per day will be imposedfor each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
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
January 3, 2011.
Total Amount Due: $112.29
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December 3, 2010
37. Case #2007100659 - BCC vs. Lonnv Moore TR
The County was represented by Code Enforcement Investigators Christopher Ambach
and Michele Scavone who were present.
Respondent was not present.
Violations: Collier County Ordinance(s): 2005-44 Sections 6,7, and 8
Accumulation of litter.
Folio No: 37161440006
Violation address: 120 7th St. SW, Naples
The Notice of Hearing was posted at the property and Courthouse on
November 23,2010.
Investigator Ambach introduced the following documents which were marked as
County's Exhibits and admitted into evidence:
· Composite "A" - ten photographs dated September 2,2010
· Composite "B" - Property Appraiser's Office aerial photograph (1) dated
2007 and Sheriffs Department photograph (1) dated 2010
· Composite "C" - eleven photographs dated December 2, 2010
The case was initiated by Investigator Michele Scavone who met with the owner.
The owner and the tenant were cleaning the property until the owner died. The tenant
has made some progress but the violation has not been abated.
A Probate proceeding may be pending and Supervisor Waldron will research for a
current owner address.
Investigator Scavone stated there were two properties, back-to-back. The owner
cleaned up the rear property which has been sold.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to remove all litter and debris to an
appropriate disposal site, or store the items in a completely enclosed structure on
or before January 3,2011, or afine of $100. 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 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 $112.29 on or before
January 3,2011.
Total Amount Due: $112.29
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December 3,2010
Supervisor Cristina Perez stated property records identified The Morrison Living
Trust as owner, Alaura Morrison as Successor Trustee, and an address was
obtained.
38. Case #CESD 20100001280 - Bee vs. Edilbrav C. Perez & Belkis Martinez
The County was represented by Code Enforcement Investigator Renald Paul who was
present.
Respondents were not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a)
Unpermitted shed on site.
Folio No: 36234240008
Violation address: 5563 17th Ave. SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
November 16,2010.
Investigator Paul introduced two photographs dated January 27, 1020 which were
marked as County's Composite Exhibits "A" and copies of two aerial photographs
from the County Appraiser's Office which was marked as Composite Exhibit "B" and
admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain all required Collier County
Permits for any/all additions, or obtain Permits for removal of the unpermitted
additions from the property, all required inspections, and a Certificate of
Completion on or before January 3,2011, or afine of $100. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
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 casefor $112.47 on or before
January 3, 2011.
Total Amount Due: $112.48
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December 3,2010
39. Case #CEV 20100006169 - BCC vs. Katherine Sheffield
The County was represented by Code Enforcement Investigator Christopher Ambach
who was present.
Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Several unlicensed and inoperable vehicles and trailers on the property.
Folio No: 36814240004
violation address: 660 29th St. SW, Naples
The Notice of Hearing was posted at the property and Courthouse on
November 23,2010.
Investigator Ambach introduced the following photographs which were marked as
County's Exhibits and admitted into evidence:
· Composite "A" - three phtographs dated July 16,2010
· Composite "B" - two photographs dated August 26, 2010
. "C" - one photograph dated September 16, 2010
· Composite "D" - eleven photographs dated December 2, 2010
He stated he spoke with Ms. Sheffield who stated she abated the violation "to the best
of her ability" but refused to allow him access to the property.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to either obtain and affIX a valid
license plate to each vehicle/trailer and repair defects to make operable, or remove
them from the premises, or store them in a completely enclosed structure on or
before December 10,2010, or afine of $50. 00 per day will be imposedfor each day
the violation remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
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 casefor $112.20 on or before
January 3,2011.
Total Amount Due: $112.20
20
December 3,2010
40. Case #CENA 20100006172 - Bee vs. Katherine Sheffield
The County was represented by Code Enforcement Investigator Christopher Ambach
who was present.
Respondent was not present.
Violations: Collier County Code of Laws Chapter 54, Article VI, Section 54-179
and Section 54-181
Litter consisting of but not limited to: metals, wood, plastics, household
trash, rusted broken bicycles, old car parts and tires throughout the
property.
Folio No: 36814240004
Violation address: 660 29th St. SW, Naples
The Notice of Hearing was posted at the property and Courthouse on
November 23,2010.
Investigator Ambach introduced the following photographs which were marked as
County's Exhibits and admitted into evidence:
. Composite "A" - six phtographs dated September 1, 2010
. Composite "B" - eleven photographs dated December 2,2010
He stated the violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to either remove all litter and debris
to an appropriate disposal site, or store desired items in a completely enclosed
structure on or before December 10,2010, or afine of $100. 00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.20 on or before
January 3,2011.
Total Amount Due: $112.20
42. Case #CESD 20100001211 - BCC vs. John Popo & Maria Perez
The County was represented by Code Enforcement Investigator Rena1d Paul who was
present.
Respondents were not present.
21
December 3,2010
Violations: Collier County Land Development Code 04-41, as amended,
Section 5.03.02(A), Florida Building Code, 2007 Edition, Chapter 1,
Section 105.1.
Fence failing, broken and leaning. Fence unpermitted.
Folio No: 36383840003
Violation address: 5400 26th Place SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
November 16, 2010.
Investigator Paul introduced photographs which were marked as Exhibits "B-1" and
"B-2" and admitted into evidence.
Finding the Notice 0/ Hearing was properly served, the Respondents were found
GUILTY o/the alleged violations and ordered to:
(1) obtain a Collier County Building Permit/or the addition o/the/ence and
complete all non-structural repairs to the fence, obtain inspections and a
Certificate o/Completion on or be/ore January 3,2011, or afine 0/$100.00 per
day will be imposed/or each day the violation remains thereafter unless altered
by a subsequent Stipulation or Order o/the Special Magistrate.
-OR-
(2) obtain a Collier County Demolition Permit to remove the fence, all required
inspections, and a Certificate o/Completion on or be/ore January 3,2011 or a
fine 0/$100.00 per day will be imposed/or each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order o/the Special
Magistrate.
The Respondents are to notify the Code En/orcement within 24 hours 0/ abatement
o/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 Respondents.
Ifnecessary, assistance may be requested/rom the Collier County SherifFs Office
to enforce the provisions 0/ the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
En/orcement during the prosecution o/the case/or $112.64 on or be/ore
January 3,2011.
Total Amount Due: $112.64
C. Emergency Cases: None
VII. OLD BUSINESS: None
22
December 3, 2010
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:
January 14, 2011 at 9:00 A1Jf, 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 :22 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
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