CESM Minutes 01/14/2011
January 14, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 14,2011
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 Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
.~'~._._._"._- '-'--'-~---
DATE:
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
January 14, 2011 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
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 TIllS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - December 3, 2010
December 17, 2010
IV. MOTIONS
A. Motion for Extension of Time
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLlO NO:
VIOLATION
ADDRESS:
B. Motion for Re-Hearing
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100004757
PAUL-MICHAEL CONROY
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22. ARTICLE VI,
SECTION 22-23 I 12 IC) OCCUPIED STRUCTURE WITH INCOMPLETE RE-ROOF.
35775120002
44491911I PL SW, NAPLES
CESDZ0090000340
JOHN M. MUELLER JR & ELIZABETH MUELLER
INVESTIGATOR 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)(I04.5.1.4.4).
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
I
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
S0l73513-CEEX20100021517
KEVIN T. ROZANKOWSKI
DEPUTY KELLER
CODE OF LAW & ORD., SEe 130-67
HANDICAPPED SP ACE/EXPIRA TION DATE NOT VISIBLE
FLORIDA MOTOR SPORTS, 6329 NAPLES BLVD, NAPLES
S0l66868-CEEX201 00021 027
VINCE E. BENTlVENGA
DEPUTY WILFRED KLINKMAN
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE
W ALMART, 6650 COLLIER BLVD, NAPLES
PR044864-CEEX20100019721
JAMES L. KAUFMAN
PARK RANGER CINDE KA VAN
CODE OF LAW & ORD., SEC 130-66
I' AlLURE TO DISPLA Y PAID PARKING RECEIPT, BEACH STICKER EXPIRED NOV 2009
BAREPOOT ACCESS
PR044925-CEEX20100021513
STEVEN J. READER
PARK RANGER CAROL BUCKLER
CODE OF LAW & ORD., SEC 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
GOODLAND BOAT RAMP
2
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VI0LATIOJ\:
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PR045073-CEEX201 00021 044
RICHARD KARNES
PARK RANGER CYNTHIA GA YNOR
CODE OF LAW & ORD., SEC 130-66
BOAT LAUNCH STICKER NOT PERMANENTLY AFFIXED TO TRAILER
GOOD LAND MARINA
CE003757-CEPE20100021825
BARBAIU\S.KENNEDY
INVESTIGATOR JONA THA1\ MUSSE
CODE OF LAW & ORD., SEC 130-66
PARKED ON STREET WHICH OBSTRUCTS FREE MOVEMENT OF TRAFFIC
632 10611l AVE N, NAPLES
PU4516-CEEX20100021558
CREATIVE CHOICE HOMES XIV L TD
INVESTIGATOR TONY A PHILLIPS
CODE OF LAW & ORD., SEC 19 C (9). LITTER ON GROUND AND IN ROLL-OFF WITH
NO COVER LIDS, CREATING A HEALTH, SAFETY, AND WELFARE ISSURE. LITTER
INCLUDES BUT NOT LIMITED TO: PAPER, PLASTIC, PUTRESCIBLE WASTE NOT
PROPERLY STORED.
00296840003
8690 WEIR DRIVE, NAPLES
CEPM20100020076
THOMAS AND CHERL YN EDWARDS
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
51978012140
14598 INDIGO LAKES CIRCLE, NAPLES
CESDZO 1 000 17536
PEBBLEBROOKE LAKES MASTER ASSOCIATION INC
INVESTIGATOR JEFF LETOURNEAU
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1. A
POOL GATE WITH ELECTRIC MODIFIED WITHOUT FIRST OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
66262000028
8610 PEBBLEBROOKE DRIVE. NAPLES
3
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
I I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100018182
MTAG CUST FOR PINE ASSET MGMT
INVESTIGATOR JAMES SEABASTY
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION(S) 22-231(12)(g), 22-231 (12)(i), 22-231 (12)(1),22-243, 22-231(I2)(b), 22-242(b)
AND 22-23 II 12)(d). MULTIPLE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO:
MOLD THROUGHOUT EXTERIOR OF MOBILE HOME, PORCH AND STAIRS ROTTING,
BROKEN WINDOWS, BOARDED DOORS, ETe.
1132320000
237 MCBETH WAY, NAPLES
CESDZO 1 00019166
TERESO BAUTISTA AND EMILlANA LOPEZ VASQUEZ
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION
4.06.01(D)(I). PLANTED VEGETATION ON THE SOUTHEAST CORNER OF THE
PROPERTY IS OBSTRUCTING SIGHT LINES FOR ONCOMING TRAFFIC AT THE
INTERSECTION OF 40TII TER SW AND 2011I PL SW.
35776360007
4007 20Tl1 PL SW, NAPLES
CEPM20100017789
ELVIS CAMACHO
INVESTIGATOR HEINZ BOX
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULA nONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15). UNMAINTAINED POOL AT THIS LOCATION.
38100840006
272570"1 ST SW, NAPLES
CESD20100020024
TATlANA TANNEHILL
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)1 I)(a). UNPERMITTED WOOD CANOPY WITH CONCRETE BLOCK SHRINE IN
THE REAR YARD.
35740720000
2121 41ST TER SW, NAPLES
CESD20100017606
WESLEY AND BETH A. CHRONISTER
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)la). SHED ON SITE WITH NO PERMITS.
36243080000
2008 5 I ST ST SW, NAPLES
4
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100019812
BETTY FREDERICK AND KAREN L. DONNADlO
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). GREEN POOL
36001560005
297545 III ST SW, NAPLES
CESDZOI00003073
EDUARDO GONZALES
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)Ia). UNPERMITTED SHED. UNPERMITTED GARAGE PARTITION WALLS.
36113960001
214048111 ST SW, NAPLES
CEPM20100017761
HENRY J. TESNO AND JILL J. WEAVER
INVESTIGA TOR AZliRE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). REPEAT VIOLA TION OF SINGLE FAMILY SWIMMING POOL
FILLED WITH GREEN ALGAE/STAGNANT WATER.
71800000527
3117 ARECA AVENUE, NAPLES
CENA20100020171
KORESH PROPERTIES LLC
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.02.03. ILLEGAL STORAGE OF ROOF TILES ON VACANT LOT.
26169502025
2969 COCO LAKES DR, NAPLES
CENA20100020183
KORESH PROPERTIES LLC
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.02.03. ILLEGAL STORAGE OF ROOF TILES ON V ACANT LOT.
26169502041
2964 COCO LAKES DR, NAPLES
5
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
CEPM20100019821
IRENE CASTILLO AND BENITO ABRAHAM
INVESTIGATOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231(19). LARGE BEE HIVE ON RESIDENTIAL PROPERTY.
62091480004
5229 MARTIN STREET, NAPLES
CEPM20100020893
REUBEN REINSTEIN EST, C/O LAIRD LILE PR
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-23 I( 15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
36613600007
4460 3RIJ AVE SW, NAPLES
CEPM20100017929
ALLAN PERDOMO
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22-23I(12)(L). SCREEN IN THE LANAI IS TORN, NEEDS TO BE REPAIRED.
36123040005
199050111 ST SW, NAPLES
CEPM20100020075
JEFFERSON AND TAMMY ROBERTS
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
51978006648
14462 INDIGO LAKES CIRCLE, NAPLES
6
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:
VIOLA nON
ADDRESS:
3. CASE NO:
OWNER:
OFFICER
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESDZ0090011040
PETER V. SCHRYVER
INVESTIGATOR REGGIE SMITH
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 IB)(I)(a). UNPERMITTED SHED ON PROPERTY.
63100480004
485 I CATALINA DR, NAPLES
CEV20100006169
KATHERINE SHEH'lELD
INVESTIGATOR CHRISTOPI IER AMBACH
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). SEVERAL UNLICENSED AND INOPERABLE VEHICLES A]\;D 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 54-179 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 TilE PROPERTY.
36814240004
660 29TH ST SW, NAPLES
CELU2010000622I
ALBERT HOllSTON SR
INVESTIGATOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
I .04.01(A). A FLEETWOOD PIONEER TRAVEL TRAILER WITH EXPIRED LICENSE
PLATE PARKED/STORED ON IYlPROVED, ABANDONED PROPERTY, IN A
RESIDENTIAL ZONED DISTRICT.
25631200005
216 4'H ST, IMMOKALEE
7
5. CASE NO
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20100007074
TIMOTHY STEINER
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(A). TRAILERS ON SITE WITH INV ALlD LICENSE PLATES.
38160640000
6291 COPPER LEAF LANE, NAPLES
CEAU20090008537
ANTON KARABA AND EV A KARABOV A
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, 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
CENA20100009705
O'NEILL PARTNERS LLC
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- I 8 I. UNAUTHORIZED ACCUMULATION OF LITTER ON THE PROPERTY.
35745280008
2136 SUNSHlNE BLVD, NAPLES
CESDZOI00004782
DUSAN PETRIC
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1.
SHED-NO PERMITS.
36459080001
3122 SANTA BARBARA BLVD, NAPLES
2007030338
JEAN CLAUDE MARTEL
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY ORDINANCE 2005-44, SECTION 6, 7, AND 8. NUMEROUS ITEMS OF
LITTER WERE OBSERVED ON THE RESIDENTIAL PROPERTY, INCLUDING BUT NOT
LIMITED TO: EXCESSIVE AMOUNTS OF WOOD, SCREENS, TIRES, GRJLLS, BUCKETS,
TREADMILLS, ALUMINUM, A WASHER AND DRYER, TELEVISIONS, FURNITURE,
TUBING, DOORS, WINDOWS, CONTAINERS AND METAL.
61839320000
3190 KAREN DRIVE, NAPLES
8
10. CASE NO
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
II. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOUO NO:
VIOLATION
ADDRESS:
VlI. OLD BUSINESS
CESDZ0090005153
LUIS EDUARDO VENEGAS
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1.
CONVERSION OF GARAGE INTO ADDED LIVING SPACE.
36442760008
504328'11 PL SW, NAPLES
CEPM20090017229
PALM LAKE LLC
INVESTIGATOR 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 THA T IS MAINTAINED IN POOR CONDITION.
61842240009
3131 TAM1AMI TRAIL, #3, NAPLES
A. Motion to Amend Previously Issued Orders:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090015884
GEORGE LAMBERT
INVESTIGATOR CAROL SYKORA
PHYSICAL SAFETY -POOLS. COLUER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22, BUILDING AND BUILDING REGULATIONS, ARTICLE II FLORIDA
BUILDING CODE, SECTION 22-26( 103.11.2). PRIVATE SWIMMING POOL WITHOUT
SAFETY FENCE OR ENCLOSURE.
37987440002
3580 WHITE BLVD, 1\APLES
B. Motion to Rescind Previously Issued Orders:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
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 WA Y
WITH NO PERMIT.
36239560000
5133 20rll CT SW, NAPLES
9
VIIl. CONSENT AGENDA
A. Request to Forward Cases to Connty Attorney's Oflice as Referenced in Snbmitted Executive Summary.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. ;\IEXT MEETING DATE: February 4, 2011 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
Xl. ADJOURN
10
January 14, 2011
I. CALL TO ORDER:
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at
9:00 AM. The individuals testifying at the proceeding did so under oath.
A. Special Magistrate Garretson outlined the Rules and Regulations to be observed
during 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: 9:15 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA:
Jennifer Waldron Baker, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (B), "Hearings," the following cases were WITHDRAWNby the
County:
. Agenda #1, Case #SO 173513 - CEEX 20100021517 - BCC vs. Kevin T.
Rozankowski
. Agenda #3, Case #PR 044864 - CEEX 20100019721 - BCC vs. James L.
Kaufman
. Agenda #6, Case #CE 003757 - CEPE 20100021825 - BCC vs. Barbara S.
Kennedy
. Agenda #8, Case #CEPM 20100020076 - BCC vs. Thomas and Cherlyn
Edwards
. Agenda #9, Case #CESD 20100017536 - BCC vs. PebbleBrooke Lakes
Master Association, Inc.
· Agenda #14, Case # CESD 20100017606 - BCC vs. Wesley and Beth A.
Chronister
· Agenda #23, Case # CEPM 20100020075 - BCC vs. Jefferson and Tammy
Roberts
(b) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
WITHDRA WN by the County:
. Agenda #3, Case #CENA 20100006172 - BCC vs. Katherine Sheffield
. Agenda #6, Case #CEAU 20090008537 - BCC vs. Anton Karaba and Eva
Karabova
· Agenda #10, Case #CESD 20090005153 - BCC vs. Luis Eduardo Venegas
(c) Under Item VII (B), "Motion to Rescind Previously-Issued Orders," the following
case has been ADDED by the County:
. Agenda #2, Case #CENA 20100018192 - BCC vs. Richard Wineholt
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course of the Hearing at the discretion of the Special Magistrate.
2
January 14, 2011
III. APPROVAL OF MINUTES:
(a) Special Magistrate Hearing - December 3, 2010
The Minutes of the Special Magistrate Hearing held on December 3,2010 were
reviewed by the Special Magistrate and approved as submitted.
(b) Dangerous Dog Hearing - December 17, 2010
The Minutes of the Special Magistrate Hearing held on December 17,2010 were
reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS:
A. Motion for Extension of Time:
1. Case #CEPM 20100004757 - BCC vs. Paul-Michael Conrov
The Respondent requested the Hearing and was present.
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 12 (C)
Occupied structure with incomplete re-roof.
Folio No: 35775120002
Violation address: 4449 19th Place SW, Naples
The Respondent resides at 4449 19th Place SW, Naples, Florida 34116,
The Special Magistrate noted the Respondent submitted a letter requesting additional
time.
Investigator Mucha stated the Respondent has been in contact with the County, has been
working toward abating the Violation, and there were no objections to granting the
extension of time to comply.
The Special Magistrate GRANTED the Respondent's Motion for Extension of Time
to February 14, 2011.
B. Motion for Re-Hearing:
1. Case #CESD 20090000340 - BCC vs. John M. Mueller, Jr. & Elizabeth
Mueller
Collier County Code Enforcement Investigator Jonathan Musse requested the Hearing
and was present.
Respondent, John M. Mueller, Jr., was also present.
3
January 14, 2011
Violations: Collier County Code of Laws, Chapter 22, Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and
Amendment of The Florida Building Code, Section 22-26(b )(104.5.1.4.4).
Fencc Pcrmit #2006120659 - issued on 12-7-06, expired 6-5-07.
No final inspection madc. No certificate of completion issued.
Folio No: 66480400002
Violation address: 834 Bentwood Drive, Naples
The Special Magistrate deferred hearillg the case ullti/later ill the proceedillgs.
VI. NEW BUSINESS:
A. Motion for Imposition of Fines:
9. Case #2007030338 - BCC vs. Jean Claude Martel
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was also present.
Violations: Collier County Ordinance 2005-44, Sections 6, 7, and 8,
Numerous items oflitter were observed on the residential property,
including but not limited to: excessivc amounts of wood, screens, tires,
grills, buckets, trcadmills, aluminum, a washer and dryer, televisions,
furniture, tubing, doors, windows, containers and metaL
Folio No: 61839320000
Violation address: 3190 Karen Drive, Naples
The Respondent resides at 3190 Karen Drive, Naples, Florida 34112,
The Initial Order was issued on June 15, 2007.
The Investigator stated the violations were abated by the County on August 2, 2007.
Fines have accrued at the rate of$IOO.OO per day for the period from June 23, 2007
through August 2, 2007 (41 days) for a total fine amount of$4,100.00.
Abatement costs in the amount of$11,200,OO have not been paid.
Previously assessed Operational Costs of$267.68 have not been paid.
The total amount due to date is $15,567.68.
The Respondent was unable to offer an cxplanation as to why he did not abate the
violation and stated he would move certain items to his commercial property,
The Special Magistrate advised the Respondent to consult with Code Enforcement to
determine what he could or could not transfer to his commercial property.
The Special Magistrate GRANTED the Coullty's Motioll for Impositioll of Filles
but reduced the total amoullt due to $11,467.68.
4
January 14, 2011
v. PUBLIC HEARINGS:
A. Stipulations: NOlle
B. Hearings:
2. Case #80166868 - CEEX 20100021027 - BCC vs. Vince E. Bentivenl.!a
The Respondent requested the Hearing and was present.
Collier County Sheriffs Office Depuly Wilfred Klinkman was not present.
Violations: Code of Law & Ord., See, 130-67
Handicapped space.
Violation address: Walmart, 6650 Collier Blvd, Naples
The Respondent noted the Deputy Sheriffwas not present and made a Motion to
Dismiss the violation.
The Special Magistrate GRANTED the Respondent's Motioll for a Dismissal.
4. Case #PR 044925 - CEEX 20100021513 - BCC vs. Steven J. Reader
The Respondent requested the Hearing and was present.
Collier County Park Ranger Carol Buckler was also present.
Violations: Code of Law & Ord., Sec. 130-66
Fai lure to display paid launch receipt
Violation address: Goodland Boat Ramp
The Respondent resides at 280 13lh Street SW, Naples, Florida 34117.
The Respondent stated he paid the boat ramp fee but did not receive a receipt from
the cashier. He further stated there were no signs indicating a receipt was to be
displayed on the windshield. He requested to scc a copy of the register receipt but the
cashier told him it was not available.
Park Ranger Buckler stated the Dock Master informed her the County's policy is to
issue a receipt and for the individual to be instructed that the receipt is to be displayed
on the dashboard of the vehicle. She had a copy of the transactions that took place at
the Marina during the date in question and confirmed the Respondent did pay the
$8.00 fee, She verified therc was no sign at the Marina, but statcd instructions were
given verbally to each individual as the fee was paid,
The Respondent reiterated he did not receive a rcceipt [rom the cashier. He stated he
had not used County facilities in years, and it was his first trip to the new marina at
Goodland.
5
January 14, 2011
The Special Magistrate noted there was no testimony from the cashier to challenge
the Respondenl's claim that he did not receive a receipt or instruction
The Special Magistrated ruled the Respondent was NOT GUILTY.
5. Case #PR 045073 - CEEX 20100021044 - BCC vs. Richard Karnes
The Respondent requested the Hearing and was present.
Collicr County Park Ranger Carol Buckler was present on behalf of Park Rangcr
Cynthia Gaynor.
Violations: Code of Law & Ord., Sec. 130-66
Boat launch sticker not permanently affixed to trai ler
Violation address: Goodland Marina
The Respondent resides at 627 Palm Avenue East, Goodland, Florida 34140,
The Respondent introduced the following Exhibits which were marked and admitted
into evidence:
. Composite Exhibit #1 - copy of the State Statute, Chapter 130
. Composite Exhibit #2 - copy of Ordinance #2001-33
. Exhibit #3 - copy of Resolu1ion #2010-201
. Exhibit #4.- copy of Resolution #2008-283
. Exhibit #5 copy of Boat Launch Permit (non-commercial)
. Exhibit #6 -- aerial photograph (Property Appraiser's office)
. Composite Exhibit #7 - two photographs taken on November 9,2010
. Composite Exhibit #8 one photograph taken on January 9, 2011 and a
copy of the boat trailer registration
The Respondent stated he had not seen the Exhibits to be presented by the County.
The Special Magistrate stayed the case in order for the parties to review each
other's exhibits.
7. Case #PU 4516 - CEEX 20100021558 - BCC vs. Creative Choice Homes XIV, Ltd.
Collier County Public Utilities Compliance Officer Tonya Phillips requested the
Hearing and was present. Senior Investigator Ray Addison was also present.
Cindy Walters, Regional Property Manager for Proxy Pro Management, and Solange
Michaels, represented the Respondent.
Violations: Code of Law & Ord" Sec. 19 C (9)
Litter on ground and in roll-off with no cover lids, creating a Health,
Safety, and Welfare Issue. Litter includes, but is not limited to: paper,
plastic, and putrescible waste not properly stored,
Folio No: 00296840003
Violation address: 8690 Weir Drive, Naples
6
January 14,2011
Officer Phillips stated the case is a Continuance of a Hearing initially held on
Decembcr 17,2010. She has made scveral trips to the property. The Respondent was
found in violation for a pcriod of seven days but confirmed that it has made efforts to
keep the property cleaned. The compactor arca has been clean cd and bleachcd.
The Special Magistrate noted the Respondent had previously been found in violation.
Cindy Walters resides at 5421 Ginger Cove, Tampa, Florida 33634,
Solange Michaels resides at 4030 Winkler Avenue, #204, Fort Myers, Florida 33916,
Ms. Walters introduced thc following Exhibits which were marked and admitted into
evidence:
. Exhibit #1 - copy of Notice to Residents
. Composite Exhibit #2 - copy of correspondencc regarding ordering of
"dummy" camcras and confirmation (3 pagcs)
. Composite Exhibit #3 - copy of correspondence regarding ordering of sign age
and confirmation (3 pages)
Ms. Walters stated the maintenance staff had been replaced and introduced the new
maintenance supervisor and the groundskeeper. Additional trash receptacles were
placed around the property. She further stated the cameras will be installed as soon as
they arrive.
Officer Phillips noted the Sheriffs Department will begin a Neighborhood Watch
program for the residents in the near future,
The Special Magistrate ruled since the Respondent complied with the terms of the
initial Order, only the Operational Cost of $50.00 will be imposed.
Total Amount Due: $50.00
10. Case #CEPM 20100018182 - BCC vs. MT AG Cost for Pine Asset M2mt
Collier County Code Enforcement Investigator James Seabasty requested the Hearing
and was present. Lt. Mark Milliken, Collier County Sheriffs Office, was also
present.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Building and
Building Regulations, Article VI - Propcrty Maintenance Code,
Section(s) 22-231 (12)(g), 22-231(12)0), 22-231 (12)(f), 22-231(12)(b),
22-231 (12)(d), 22-242(b), and 22-243
Multiple violations consisting of but not limited to: mold throughout
exterior of mobile home, porch and stairs rotting, broken windows,
boarded doors, etc,
7
January 14, 2011
Folio No: 1132320000
Violation address: 237 McBeth Way, Naples
The Notice of Hearing was sent via Certified Mail on December 29, 2010 and proof
of delivery on January 3,2011 was providcd by the U.S. Postal Service. The propcrty
and the Courthouse were posted on January 4, 2011.
Investigator Seabasty stated the property has been neglected for years and is vacant.
The property had been boarded at one time, but the boards were ripped off. Drug
paraphernalia has been spotled at the premises,
Lt. Milliken stated the mobile home has been monitored since Mareh 2008, and
provides an area for suspicious inidviduals to "hang out." The front door had been
pad-locked, but is now open and unseeured.
He introduced the following Exhibits which were marked and admitled into evidence:
. Composite "A" - five photographs (shed) taken on January 12, 2011
. "8"- a sworn statement from Gary Thompson, dated January 13,2011
. Composite "c" -- five photographs (mobile home) takcn on January 12th
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to hire a licensed General Contractor
to obtain either the necessary Permits to repair the structure, all required
inspections and a Certificate of Occupancy, or obtain a Demolition Permit to
demolish the mobile home and shed, all required inspections and a Certificate of
Completion on or before January 28, 2011, 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 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 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 $112.82 on or before
February 14, 2011.
Total Amount Due: $112.82
The Hearing of the following Case was resumed by the Special Magistrate.
5. Case #PR 045073 - CEEX 20100021044 - BCC vs. Richard Karnes
The Respondent verified he reviewed the County's Exhibits, He stated on
8
January 14, 2011
November 10, 2010, he launched his boat at the Goodland Marina and then parked his
truck and the trailer. The Citation he received described the Violation as "boat
launch sticker not permanently affixed to trailer." Hc cited the Ordinance and
claimed there was no relationship to his use of the boat launch facilities, He did not
1ry to avoid payment of the launch fecs and was not outside the facility or in the
Right-of- Way.
Park Ranger Buckler stated the Citation was issued as "not being permanently affixed
to the trailer." The Permit was issued to the boat trailer license plate, and not the
truck. She provided a copy of Collier County Parks and Recreation Policies and
Proccdures to the Special Magistrate and a copy of a Notice ("directive") given to
individuals purchasing Permits which details 1he corrcct placement of the Permit.
The Respondent stated the words "permanently affixed" do not exist in the
Ordinance, Resolution, or Rule. The language used was" ... displayed on the trailer
or vehicle." He stated the provision applied only to those parking outside of the area.
The Park Ranger stated if an individual chooses not to purchase a recreational launch
permit, he/she can pay each time they visit the marina and must display the parking
receipt on the dashboard. The recreational permit must be displayed on the trailer,
not on a truck. The Park Ranger stated the procedurcs applied to the parking lot as
well.
The Special Magistrate stated it appeared that the Ordinance was not properly
written.
The Special Magistrate explained her decision will be to determine if the Policies and
Procedures of the Parks and Recreation follows the County's Ordinance.
The Respondent directed the Special Magistrate to his Exhibits (sheets 6 and 7), and
stated that the paragraph addressing boat launch facility fees did not specify where
boat launch permits are to be placed. The most current Resolution (#2010-201) did
not speci fy location of the boat launch permits.
(Assistant County Attorney Jeff Wright arrived at 11:37 AM.)
The Special Magistrate explained the Respondent claimed the provision cited only
applies to those individuals who launch in a County facility but then park outside the
facility and/or in areas such as a Right-of-Way where parking is not allowed,
Assistant County Attorney Wright stated the Ordinance does not allow parking ofa
boat trailer or other vehicle "in whole or in part on a paved or unpaved public right-
of-way within one mile of the nearest entrance to a County Park or other facility that
includes the boat launch ramp. "
RECESS: 11 :45 AM
9
January 14, 2011
RECONVENED: 11 :57 AM
5. Case #PR 045073 - CEEX 20100021044 - BCC vs. Richard Karnes
Assistant County Attorney Wright stated the County had withdrawn the case due to
the ambiguities that wcrc raised.
(Note: The following cases were heard together at the request of Code Enforcement.)
18. Case #CENA 20100020171 - BCC vs. Koresh Properties, LLC
and
19. Case #CENA 20100020183 - BCC vs. Koresh Properties, LLC
Collier County Code Enforcementlnvcstigator Renald Paul rcquested the Hearing
and was present. Investigative Supervisor Jeff Letourneau was also present.
The Respondent was represented by Babak Gohari, Managcr.
Violations: (#18) Collier County Land Development Code 04-41, as amended,
Section 2.02.03
Illcgal storage of roof tiles on vacant lot.
Folio No: 26169502025
Violation address: 2969 Coco Lakes Dr, Naples
Violations: (#19) Collier County Land Development Code 04-41, as amended,
Section 2,02.03
Illegal storage of roof tiles on vacant lot.
Folio No: 26169502041
Violation address: 2964 Coco Lakcs Dr, Naples
Mr. Gohari resides at 880 Trade Winds Bend, Wcston, Florida 33327 and stated he is
one of the managers ofKoresh Propcrties. He verified he has the authority to act on
behalf of the LLC.
Investigator Paul presented one photograph, dated January 13, 2011, of both lots
(side by side) which was marked as County's Exhibit "A" and admitted into evidence,
He spoke with a Property Manager ('Thomas") and met with him at the site to
explain the violation. The violation has not been abated,
Mr. Gohari introduccd the following Exhibits which were marked as follows and
admitted into cvidence:
. Composite "#1" -- scvcn photographs ofthc area, dated January 13, 2011
. Composite "#2" - developer's Site Plan (two views) of the location (recorded
with the County)
The Special Magistrate reviewed the photographs as they related to the location on
the Site Plan.
10
January 14,2011
Mr. Gohan stated the Respondent's defenses:
. The Respondent is not in violation ofthc Ordinance because the Respondent
is not a tile manufacturer and thc tiles were not abandoned.
He explained the tiles were ordcred when construction was booming in 2006. The
tiles were uncrated and moved to the CUlTent location in the back of the property in a
fenced off area on a vacant lot. The tiles arc construction materials and are listed on
an PUD with active construction The tiles were to be used on three pennitted homes.
However, the dcveloper will be constructing 11 "spec homes" and in in the process of
securing funding for the project. The tiles will bc us cd for these homes,
. Second defense: The Respondent is being unfairly targeted due to the actions
of one "disgruntled" neighbor who tried to buy additional lots from the
developcr. When the developcr refused, the individual began a campaign of
complaints to the County and generated over 370 emai1s of complaints..
Mr. Gohari stated the Respondent is attempting to obtain a Staging Pennit from the
Building Department. The tiles cost between $40 - $50K and to move then again
after they have been un crated would destroy them.
Supervisor Letourneau stated the tiles can be movcd to an off-site location without
being destroyed. He stated thcre werc no active pennits for future construction at thc
site.
He further stated the County would not issue a Shed Permit because the lots were
unimproved and did not have the required primary strucutre.
The Respondent reiterated the tiles wcre construction materials and not debris,
The Special Magistrate notcd the Respondent had not presented a lcgal defense to the
Ordinance and stated that a violation does exist.
The Investigator stated the recommendations applied to each case:
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to cease storage of roof tiles on the
vacant lot and remove from the property on or before February 14,2011, or afine
of $50.00 per day will be imposed for each day the violation remains thereafter
unless altered by a subsequellt 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 cases for $113.00 per case on or before
II
January 14,2011
February 14, 20ll.
Total Amount Due: $226.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case #CEV 20100007074 - BCC vs. Timothv Steiner
The County was represented by Code Enforcement Investigator Renald Paul.
The Respondent was 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 Respondent requestcd a Continuance in order to remove the vehicles from his
rental property,
The Special Magistrate GRANTED the Respondent's Motion for a Continance
until January 21,2011.
7. Case #CENA 20100009705 - BCC vs. O'Neill Partners, LLC
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau, Property Maintenance Specialist Joseph Mucha was also present.
The Respondent was represented by Joseph O'Neill, Managing Partner.
Violations: Collicr 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
Mr. O'Neill resides at 10881 Northwest 7th Street, Plantation, Florida 33324,
The initial Order was issued on October 15, 20 I 0,
The violation was abated on November 15,2010.
Fines have accrued at the rate of $50,00 per day for the period from October 23,2010
through November 15, 2010 (24 days) for a total fine amount of$1,200.00.
Previously assessed Operational Costs of $112,12 have been paid.
The total amount due to date is $1,200.00.
12
January 14,2011
Mr. O'Neill stated the tenant renting the property caused the problem and refused to
comply. The tenant has left the property and it has been completely cleaned. He
requested to waive the fines.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines,
but reduced the total amount due to $400.00.
IV. MOTIONS:
B. Motion for Re-Hearing:
1. Case #CESD 20090000340 - BCC vs. John M. Mueller, Jr. & Elizabeth
Mueller
Collier County Code Enforcement Investigator Jonathan Musse requested the Hearing
and was present. Investigative Supervisor Jeff Lctourneau was also present.
Respondent, John M. Mueller, Ir., was present.
Violations: Collier County Code of Laws, Chapter 22, Buildings and Building
Regulations, Artic1c 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 madc. No ccrtiflcate of completion issued.
Folio No: 66480400002
Violation address: 834 Bentwood Drive, Naplcs
The Respondents reside at 834 Bcntwood Drive, Naplcs, Florida 34108,
Supervisor Letourneau stated the County requested the Hearing in order to introduce
evidence that was not presented during the first Hearing that will prove there is a
serious Health and Safety violation on the property.
The Special Magistrate inquired why the information was not presented at the initial
Hearing since it was not newlv discovered?
The Supervisor was unable to answer the question.
The Respondent statcd he did not attend thc initial Hearing bccause he was out of
State and did not return to the area until the first weck in November. The Hearing
was held on October 15th He retrieved the Certificd Mail on November 6th.
The Special Magistrate explained the Ordinance required that the Respondent is to be
duly notified by Certified Mail and the County had complied.
The Respondent objected to the introduction of evidence since it was not part of the
initial Hearing.
13
January 14, 2011
Supervisor Letourneau offered background information: there was a question as to
whether the Permit had been issued correctly. Code Enforcement was requiring an
inspection of the fence surrounding the pool and a Certificate of Completion to ensure
there were no Health or Safety issues.
The Special Magis1rate cited from the Minutes of the October 15, 2010 Hearing:
"He (the Investigator) stated Permit #2006120659 was issued on
Decemher 7, 2006 for a pool fence hut expired on June 5, 2007.
The Building Inspector ji.li1ed the Final Inspection because the fence
did not completely 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. "
The Special Magistrate asked why Code Enforcement did not know this at the time?
Supervisor Letourneau stated Code Enforcement was aware that the Permit was
possibly issued in error but there is an LDC Ordinance stating that whether or not a
Permit was issued in error, the owner still is required to obtain an inspection and
Certificate of Completion.
The Special Magistrate stated her Ruling was based on the fact that the Respondent
was in compliance with what the County had given him to do and it was the County's
mistake if the Permit should not have been issued.
Supervisor Letourneau stated when the Inspector went to the site, he could not issue a
Final Inspection because the fence did not comply with The Florida Building Code
and he rejected the Permit at that time, The property owner did not follow through to
correct the problem with the fence and the Permit expired.
The Respondent stated the fence is in compliance with the Permit.
Supervisor Letourneau stated the Building Inspector found that the fence was not in
compliance with The Florida Building Code,
The Special Magistrate GRANTED the County's Motion for aRe-Hearing.
The Special Magistrate asked the Respondent if he was prepared to go forward with a
new trial and he responded affirmativeZv.
Re-Hearinf!:
Supervisor Letourneau stated he would introduce three Exhibits as follows:
. County's "A"- a copy of the applicable portion of the Ordinance
14
January 14,2011
· County's "B" - the Permit inspection history
· County's "c" - the applicable portion of The Florida Building Code
The Respondent objected to the introduction of County's "e."
The Special Magistrate explained the documents were public records and she would
take judicial notice of them.
Supervisor Letourneau introduced the following documents which were marked as
follows and admitted into evidence:
· Exhibit "A"- one photograph taken on March 9, 2009 by Investigator Athey
· Exhibit "B" -- one photograph taken February 11,20 I 0 by Investigator Musse
· Exhibit "c" - printout of Inspection History
· Exhibit "D" - copy of the pertinent section of the Land Development Code
which stated that even if a Permit was issued in error, the property owner was
required 10 comply with requirements
· Exhibit "E" copy of the pertinent section of The Florida Building Code
Fence Permit #2006120659 for a four-foot aluminum swimming pool fence had been
pulled by Tri-County Fence (Contractor) and was issued on December 7, 2006. The
Permit expired on June 5, 2007, There was no Final Inspection or Certificate of
Completion issued.
Investigator Musse met with the Respondent in 20 I 0 and explained that he was
required to re-apply for a Permit and obtain all necessary inspections in order to
obtain a Certificate of Completion. The County agreed to waive the fees for the
Permit re-application. The Respondent informed the Investigator that he would not
remove the hedges in order to complete the fence.
The Inspection History stated that the "... pool fence must completely surround pool
... cannot use hedges as a pool barrier" as the reason why the Final Inspection failed.
The Respondent had until June 5, 2007 to complete 1he fence and pass the Final
Inspection,
The Supervisor cited The Florida Building Code, Section 424.2,17.1,2, "Outdoor
Swimming Pools," as follows:
"... the barrier may not have any gaps, openings, indentations,
protrusions or structural components that could allow a young
child to crawl under, squeeze through, or climb over the barrier
as herein described ... "
The Building Inspector failed the Final Inspection because a child could squeeze
through the hedge which is a possible safety issue.
He also cited the Land Development Code, Section 10.02.06 (B)(l)(c)(ii), as follows:
"A Building or Land Alteration Permit issued in error shall
not confer any rights or privileges to the applicant to proceed
15
January 14, 2011
or continue with construction and the County shall have the
power to revoke such Permit until said error is corrected. "
The Special Magistrate asked when the County revoked the Permit and corrected the
error.
The Supervisor stated the Permit expired,
The Respondent introduced one photograph (taken last year) which was marked as
Respondent's Exhibit "#1" and admitted into evidence.
The Respondent questioned to the teml: "serious Hcalth and Safety issues." He
stated the hedge is completely filled in and there are no gaps.
The Special Magistrate stated the Ordinance cites the barrier cannot be removable
without the aid of tools or allow passage of a 4-inch diameter sphere."
Investigator Musse stated while the hedge is well protected, hedges can wither away
and die which would bccome a Health and Safety issue.
The Special Magistrate stated the issue is a seriolls safety issue,
The Respondent stated the hedges are denser, wider, and taller than the fence, He
reiterated there are no gaps in the hedges. He further stated the permit was issued to
the builder, not to him.
The Special Magistrate found the Respondent was in violation, the provision in the
Land Development Code applies, and the error in the Permit will not be allowed to
stand.
Finding the Notice of Hearing was properly served, the Respondents were found
GUlL TY of the alleged violation and ordered to obtain a Collier County Building
Permit for the fence/pool barrier, all required inspection, and a Certificate of
Completion on or before February 14,2011, 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 Respondents are to notify the Code Enforcement within 24 hours of abatement
of the violation and request the Investigator perform a site inspection to confirm
compliance.
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 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 cases for $l12.47 per case on or before
February 14, 2011.
Total Amount Due: $112.47
Ii>
January 14, 2011
The Respondent claimed the Permit that was issued was properly "met." Further, thc
original Permit was issued to Tri-State which should be made to obtain a new Permit
and correct the situation.
Investigator Musse stated it was the Contractor's obligation to make thc correction
but Tri-State was no longer in business.
Supervisor Letourneau stated the owncr has the ultimate responsibility to correct the
violation.
The Special Magistrate stated because there is IlOt an immediate Health/Safety/
Welfare issue, she extended the deadline to comply with the provisions of the Order
to 90 days, or April 14, 2011. The County did not object to the deadline extension.
The Special Magistrate explained if the Respondent needs additional timc, he must
contact Code Enforcement for an cxtension of time.
She also informed the Respondent he is entitled to appeal her decision within thirty
days from the date of the Hearing, Hc is responsible to obtain a copy ofthc transcript
from Minutes and Records on 1he 4th Floor.
17. Case #CEPM 20100017761 - BCC vs. Henrv J. Tesno and Jill J. Weaver
Collier County Code Enforcement Investigator Azurc Sorrels requested the Hearing
and as present.
The Respondents were not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(15).
Repeat Violation: singlc family swimming pool filled with green
algac/stagnant watcr.
Folio No: 71800000527
Violation address: 31] 7 Arcca Avenue, Naples, FL 34112
The Notice of Hearing was posted at the property and the Courthouse on
Deccmber 22, 2010,
Investigator Sorrels introduced thrce photographs, taken on August 13,2010, which
were marked as County's Composite Exhibit "A" and two photographs, taken on
January 13,2011, which werc marked as County's Composite Exhibit "B" and
admitted into evidence.
She statcd 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 January 19, 2011 or afine of
$500.00 per day will be imposed for each day the violation remains thereafter,
I7
January 14, 2011
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 January 19, 2011 or afine of
$500.00 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 $112.64 on or before
February 14, 2011.
Total Amount Due: $112.64
16. Case #CESD 20100003073 - BCC vs. Eduardo Gonzales
Collier County Code Enforcement Investigator Rena1d Paul requested the Hearing
and was present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 1O.02.06(B)(1)(a)
Unpemlitted shed. Unpermitted garage partition walls.
Folio No: 36113960001
Violation address: 2140 48th Street SW, Naples
The Notice of Hearing was posted at the property and Courthouse on December 20,
2010.
Investigator Paul introducted four photographs taken by the Foreclosure Team which
were marked as County's Composi1e Exhibit "A" and admitted into evidence,
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violations and ordered to obtain all applicable Collier
County Permits for either the additions to the property or the demolition of the
additions, all required inspections, and a Certificate of Occupancy/Completion on
or before February 14, 2011, or afine of $/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.
1 X
January 14,2011
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 requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.47 on or before
February 14, 2011.
Total Amount Due: $112.47
RECESS: 2:30 PM
RECONVENED 2:36 PM
22. Case #CEPM 20100017929 - BCC vs. Allan Perdomo
Collier County Code Enforcement Investigator Rena]d Paul requested the Hearing
and was present.
The Respondent was not prescnt.
Violations: Collier County Code of Laws and Ordinances Chapter 22, Article VI,
Section 22-231 (12)(L)
Screen in the lanai is torn, needs to be repaired.
Folio No: 36123040005
Violation address: 1990 50th Street SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
December 23, 20] 0,
Investigator Paul introducted one photograph, taken on September 2, 2010, which
was marked as County's Exhibit "A" and admitted into evidence,
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to repair the torn screens on or
before January 21,2011, 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 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 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 $112.56 on or before
February 14, 2011.
Total Amount Due: $112.56
19
January 14, 2011
The Investigator noted a Permit is no1 required for screen repairs.
11. Case #CESD 20100019166 - BCC vs. Tereso Bautista and Emiliana Lopez
Vasquez
Collier County Code Enforcement Property Maintenance Specialist Joseph Mucha
requested the Hearing and was prcscnt.
The Respondents were not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 4.06.01 (0)(1)
Planted vegetation on thc southeast comer of the property is obstructing
sight lines for oncoming traffic at the intersection of 40th Terrace SW
and 20th Place SW,
Folio No: 35776360007
Violation address: 4007 20th Place SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
December 20, 2010
Investigator Mucha introduced four photographs, taken on September 30, 2010,
which were marked as County's Composite Exhibit "A," and a diagram which was
marked as County's Exhibit "8" and bother were admitted into evidence.
The violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY ofthl' alleged violations and ordl'rl'd to remove the excess material as
required to assure adequate sight lines to maintain visibility at the intersection
of 4(/" Terrace SW and 2(/" Place SW on or before January 21,2011, 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 perform a site inspection to confirm
compliance.
If the Respondents have not complieti by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County SherifFs Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.29 on or before
February 14, 2011.
Total Amount Due: $112.29
20
January 14, 2011
13. Case #CESD 20100020024 - BCC vs. Tatiana Tannehill
Collier County Code Enforcement Property Maintenance Specialist Joseph Mucha
requested the Hearing and was present.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(8)(1 )(a)
Unpermitted wood canopy with concrete block structure ("shrine") in
the rear yard.
Folio No: 35740720000
Violation address: 212141'[ Terrace SW, Naples
The Notice of Hearing was posted at 1hc property and the Courthouse on
December 20, 201 O.
Investigator Mucha introduced to photographs, taken on October 20, 2010, which
were marked as County's Composite Exhibit "A" and admitted into evidence.
He stated he has been unable to contact the owner and the violation has not been
abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violations and ordered to hire a licensed General
Contractor to obtain all applicable Collier County Permits for either the structure
or the demolition of the structure, all required inspections, and a Certificate of
Occupancy/Completion on or before February 14, 2011, 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 Iwt complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
1fnecessary, 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 14, 2011.
Total Amount Due: $112.20
21. Case #CEPM 20100020893 - BCC vs. Reuben Reinstein Estate. c/o Laird
Lile. Personal Representative
Collier County Code Enforcement Property Maintenance Specialist Joseph Mucha
requested the Hearing and was present.
The Respondent was not present.
21
January 14, 2011
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(15)
Swimming pool that is not being maintained.
Folio No: 36613600007
Violation address: 4460 3rd Avenue SW, Naples
The Special Magistrate instructed Code Enforcement to remove the Personal
Representative's name from the case since he is not the Respondent and stated Mr.
Lite is to received notification of her Order.
The Notice of Hearing was posted at the property and the Courthouse on
December 20,2010.
Investigator Mucha introduced one photograph of the pool, taken on November 15,
2010, which was marked as County's Exhibit "A" and admitted into evidence.
He stated the violation has not been abated.
Finding the Notice of Hearing was properly served, the 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 January 21,2011 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,
-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 January 21,2011 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 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
owners. Ifnecessary, 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 $112.56 on or before
February 14, 2011.
TotalAmountDue: $112.56
12. Case #CEPM 20100017789 - BCC vs. Elvis Camacho
Collier County Code Enforcement Investigator Heinz Box requested the Hearing and
was present.
The Respondent was not present.
22
January 14, 2011
Violations: Collier County Code of Laws and Ordinances, Chapter 22 - Buildings
and Building Regulations, Article VI - Property Maintenance Code,
Section 22-231(15)
Unmaintained pool at this location.
Folio No: 38100840006
Violation address: 2725 70th Street SW, Naples, FL 34105
The Notice of Hearing was posted at the property and the Courthouse on December 20,
2010.
Investigator Box introduced two photographs of the pool, taken on September 1, 2010,
which were marked as County's Composite Exhibit "A" and one photograph of the
structure taken on January 13, 2011, which was marked as County's Exhibit "8."
The Exhibits were admitted into evidence.
He stated the property is part of an ongoing arson investigation 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 bi-weekly
treatments to maintain clean pool water on or before January 21,2011 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 January 21, 2011 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
owners. 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 $112.56 on or before
February 14, 2011.
Total Amount Due: $112.56
15. Case #CEPM 20100019812 - BCC vs. Bettv Frederick and Karen L.
Donnadio
Collier County Code Enforcement Investigator Carmelo Gomez requested the
Hearing and was present.
The Respondents were not present.
23
January 14, 2011
Violations: Collier County Code Of Laws and Ordinances, Chapter 22 - Buildings
and Building Regula1ions, Article VI - Property Maintenance Code,
Section 22-231(15)
Green Pool.
Folio No: 36001560005
Violation address: 2975 45th Street SW, Naples, FL 34116
The Notice of Hearing was posted at the property and the Courthouse on December 20,
2010.
Invcstigator Gomez introduced two photographs, taken on October 16, 2010, and on
January 13, 2011. The photographs were marked, respectively, as County's Exhibits
"A" and "B" 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 January 21,2011 or afine
of$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequellt 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 January 21,2011 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 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
February 14, 2011.
Total Amount Due: $112.29
20. Case #CEPM 20100019821 - BCC vs. Irene Castillo and Benito Abraham
Collier County Code Enforcement Investigator James Kincaid requested the Hearing
and 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 (19)
Large bee hive on residential property,
24
January 14, 2011
Folio No: 62091480004
Violation address: 5229 Martin Street, Naples
The Notice of Hearing was posted at the property and the Courthouse on
December 29,2010.
Investigator Kincaid introduced two photographs, taken on October 19, 2010 and on
January 13, 2011. The photographs were marked, respectively, as County's Exhibits
"A" and "B" and admitted into evidencc, He stated the property is vacant and is not
in foreclosure. He noted the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and ordered to remove the bees and the hives
from the property on or before January 11,1011, or a fine of $150. 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 14 hours of abatement
of the violation and request the Investigator perform a site impection 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 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 $111.38 on or before
February 14, lOll.
Total Amount Due: $111.38
C. Emergency Cases: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CESD 20090011040 - BCC vs. Peter V. Schryver
The County was represented by Code Enforcement Investigator Reggie Smith.
The Respondent was not present.
Violations: Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105,1
and Collier County Land Development Code 04-4] , as amended,
Section 10.02.06 (B)(l)(a)
Unpcrmitted shed on property.
Folio No: 63100480004
Violation address: 4851 Catalina Dr, Naples
25
January 14,2011
The Notice of Hearing was posted at the property and the Courthouse on
January 4,2011.
Investigator Smith stated the initial Order was issued on October 15,2010. He noted
the violation has not been abated,
Fines have accrued at the rate of$100.00 per day for the period from November 16,
2010 through January 14,2011 (60 days) for a total fine amount of$6,000.00.
Previously assessed Operational Costs of$112.29 have not been paid.
The total amount due to date is $6,112.29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $6,1 12.29 and noted fines will continue to accrue.
2. Case #CEV 20100006169 - BCC vs. Katherine Sheffield
The County was represented by Code Enforcement Investigator Christopher Ambach.
The Respondent was not present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01,OO(A)
Several unlicensed and inoperable vehicles and trailers on the property.
Folio No: 36814240004
Violation address: 660 29th Street SW, Naples
The Notice of Hearing was posted at the property and the Courthouse on
January 4, 2011.
Investigator Ambach stated the initial Order was issued on December 3, 2010. He
noted the violation has not been abated,
Fines have accrued at the rate of $50.00 per day for the period from December 7,
2010 through January 14,2011 (39 days) for a total fine amount of$I,950.00.
Previously assessed Operational Costs of$112.20 have not been paid,
The total amount due 10 date is $2,062.20.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines ill
the total amount of $2,062.20 and noted fines will continue to accrue.
4. Case #CELU 20100006221 - BCC vs. Albert Houston, Sr.
The County was represented by Investigator Kitchell Snow on behalf of Investigator
Ed Morad.
The Respondent was not present.
26
January 14, 2011
Violations: Collier County Land Deve]opment Code 04-41, as amended,
Section 1.04.01(A)
A F]eetwood "Pioneer" travel trailer with expired license plate
parked/stored on improved, abandoned property, in a residential zoned
district.
Folio No: 25631200005
Violation address: 216 4th Street, 1mmokalee
The Notice of Hearing was posted at the property and the Courthouse on
December 30,2010.
Investigator Snow stated the initial Order was issued on December 3, 2010. He noted
the violation was abated on January 4,2011.
Fines have accrued at the rate of$100.00 per day for the period from December 7,
2010 through January 4,2011 (29 days) for a total fine amount of $2,900.00.
Previously assessed Operational Costs of$112,29 have not been paid.
The total amount due to date is $3,012,29.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $3,012.29.
8. Case #CESD 20100004782 - BCC vs. Dusan Petrie
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf oflnvestigator Carme]o Gomez.
The Respondent was not present.
Violations: Florida Bui]ding Code, 2007 Edition, Chapter 1 Permits, Section] 05.1
Shed - no permits.
Folio No: 3645908000]
Violation address: 3 ]22 Santa Barbara B]vd, Nap]es
The Notice of Hearing was posted at the property and the Courthouse on
December 20,2010.
Supervisor Letourneau stated the initial Order was issued on October 15, 2010. He
noted the violation has not been abated.
Fines have accrued at the rate of $1 00.00 per day for the period from November 16,
2010 through January 14, 2011 (60 days) for a total fine amount of $6,000.00.
Previously assessed Operational Costs of $112,20 have not been paid.
The total amount due to date is $6,112,20,
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$6,112.20 and noted fines continue to accrue.
27
January 14, 2011
11. Case #CEPM 20090017229 - BCC vs. Palm Lake, LLC
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau on behalf of Property Maintenance Specialist Joseph Mucha.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231 Subscctions 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 Tamiarni Trail, #3, Naples
The Notice of Hearing was posted at thc property and the Courthouse on
December 21, 20 I O.
Supervisor Letourneau stated the initial Ordcr was issued on March 5, 20 I O. The
Respondent was granted an Extension of Time to Comply on June 4, 2010. An
additional Extension of Time was granted on October 15, 2010. The violation has not
been abated.
Fines have accrued at the rate of $250,00 per day for the period from December 16,
2010 through January 14, 2011 (30 days) for a total fine amount of$7,500.00.
Previously assessed Operational Costs of$112,91 have been paid.
The total amount due to date is $7,500.00.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$7, 500. 00 and noted fines continue to accrue.
VII. OLD BUSINESS:
A. Motion to Amend Previously Issued Orders:
1. Case #CEPM 20090015884 - Bee vs. Geor2e Lambert
The County was represented by Code Enforcement Investigative Supervisor Cristina
Perez on behalf of Investigator Carol Sykora
Violations: Physical Safety - Pools.
Collier County Code of Laws and Ordinances, Chapter 22, Building and
Building Regulations, Article II - The Florida Building Code,
Section 22-26(103.11.2)
Private swimming pool without safety fence or enclosure,
Folio No: 37987440002
Violation address: 3580 White Blvd, Naples
Supervisor Jennifer Waldron Baker statcd the County requested the Hearing to amend
2X
January 14,2011
the Imposition of Fines Order because the County incurred abatement costs and has
updated the fines for inclusion in the Order.
The Notice of Hearing was posted at the property and the Courthouse on
December 29, 2010,
Re: Part "B" of the Order, Fines have accrued at the rate of$200.00 per day for the
period from October 20,2009 through January 14, 2011 (452 days) for a total fine
amount of $90,400,00,
Re: Part "c" of the Order, Fines have accrued at the rate of$200.00 per day for the
period [rom Novembcr 17, 2009 through January 14,2011 (424 days) for a total fine
amount of $84,800.00.
The County incurred abatements costs in the amount of$I,304.80
Previously assessed Operational Costs of $117. 70 have not been paid.
The total amount due to date is $176,622.50.
It was noted the County installed a HUD-standard cover on the pool to prevent a
Health/Safety/Welfare issue. There has not been compliance because a pcrmanent
barrier has not been constructcd around thc pool and a Permit has not been obtained,
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion to Amend the Previously
Issued Order in the case. The total amount due is $176,612.50 and fines will
continue to accrue.
B. Motion to Rescind Previously Issued Orders:
1. Case #CEROW 20090015230 - BCC vs. Chase Home Finance, LLC
The County was represented by Code Enforcement Supervisor Jennifer Waldron
Baker.
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 110, Article ll,
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
The Supervisor stated the County was provided title indicating that Chase Home
Finance was the owner but the title was never recorded and the Bank technically does
not own it. The casc will be brought back when Ihe propcr cntity has been
discovered.
The Special Magistrate GRANTED the County's Motion to RESCIND the
Previously Issued Order in the case.
29
January 14, 2011
(Note: The following case was added to the Agenda.)
2. Case #CENA 20100018192 — BCC vs. Richard Wineholt
The County was represented by Code Enforcement Supervisor Jennifer Waldron
Baker.
The Respondent was not present.
The Supervisor stated the County requested that the Case be rescinded because it was
a Nuisance Abatement Lien that was placed in error.
The Special Magistrate GRANTED the County's Motion to RESCIND the
Previously Issued Order in the case.
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: February 4, 2011 at 9.00AM, 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 3:34 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
4- - . P-k
GBreaarretson, , pecial Magistrate
30
uary 14, 2011
The Minutes wererapproved by the Special Magistrate on
as presented , or as amended