CESM Minutes 02/04/2011
February 4,2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida,
February 4,2011
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 Baker, Code Enforcement Supervisor
Colleen Davidson, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
February 4, 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
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - January 14,2011
IV. MOTIONS
A. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
SO 172893-CEEX20 11 0000852
HELEN HOOVER
DEPUTY KELLER
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SP ACE/NO VISIBLE PERMIT
VIOLATION
ADDRESS:
PUBLIX, 2450 V ANDERBIL T BEACH ROAD, NAPLES
1
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
SO 157388-CEEX2011 0000834
HENRY TURGEON
CORPORAL KINCAID
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
COSTCO, 6275 NAPLES BLVD, NAPLES
SO 171609-CEEX2011 0000846
ROBERT T. TORTOLA
DEPUTY KELLER
CODE OF LAW & ORD., SEC 130-66
FIRE LANE
SUPER W ALMART, NAPLES
S0173101-CEEX20110000106
AUSTIN O'MALLEY
DEPUTY SANTOS
CODE OF LAW & ORD., SEC 130-67
HANDICAPPED SPACE
601 SEAGA TE DR, NAPLES
PR041529-CEEX20100021848
STEPHEN M. BROTT
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LAW & ORD., SEC 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
CLAM PASS
PR044732-CEEX20110000109
KEN A. ROBERTSON
PARK RANGER CAROL BUCKLER
CODE OF LAW & ORD., SEC 130-66
VEHICLE WITH TRAILER PARKING ONLY
951 BOAT RAMP
PR044540-CEEX20 1 00005227
GREGORY L. MEYER
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LAW & ORD., SEC 130-66
PARKING IN AN UNAUTHORIZED PARKING AREA
BAREFOOT BEACH PRESERVE
2
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100020075
JEFFERSON AND TAMMY ROBERTS
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.
51978006648
14462 INDIGO LAKES CIRCLE, NAPLES
CESD20100019403
GRAND SLAM REALTY LLC
INVESTIGA TOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a). TIKI HUT, SHED, AND FRONT WALL STRUCTURE WITHOUT
COLLIER COUNTY BUILDING PERMITS.
40171920008
3220 29TH AVE NE, NAPLES
CEPM20100007797
ROSARION AND IMMACULA SIMEUS
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12)(c). SOFFITS NEED REPAIRS AND REPLACEMENTS.
36373880002
2797 53RD TERR SW, NAPLES
CEPM20100003242
ABEL D. & SARA ACCILIO
INVESTIGA TOR TONY ASARO
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12) (c). MAIN STRUCTURE WITH ROOF DAMAGE.
64701126902
907 SUMMERFIELD DR, NAPLES
CEPM20100004034
ABEL D. & SARA ACCILIO
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). POOL WITH ALGAE GROWTH.
64701126902
907 SUMMERFIELD DR, NAPLES
3
13. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV20100019105
TODD R. & CYNTHIA MOWRY
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130-95. UNLICENSED PASSENGER V AN PARKED ON THE PROPERTY.
41828000005
5120 CORAL WOOD DR, NAPLES
CENA20100019164
TODD R. & CYNTHIA MOWRY
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS AND LITTER AND EXOTICS, SECTION 54-181. LITTER
CONSISTING OF BUT NOT LIMITED TO: TIRES, WOOD, METAL SCRAPS, AND OTHER
CONSTRUCTION RELATED DEBRIS.
41828000005
5120 CORAL WOOD DR, NAPLES
CEA U20 100021493
NAPLES HOMES RENTAL LLC
INVESTIGATOR RENALD PAUL
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1.
UNPERMITTED FENCE.
36121800001
4961 21ST PL SW, NAPLES
CEPM20100014261
NICHOLAS K. & LETITIA ANNE WILLIAMS
INVESTIGA TOR JON A THAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). POOL HAS GREEN WATER AND POOL COVER DAMAGED.
51978000783
14872 INDIGO LAKES CIRCLE, NAPLES
CESD20100009712
DEUTSCHE BANK NA TL TRUST
INVESTIGA TOR CAROL SYKORA
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
10.02.06(B)(1)(a). A VERTICAL BLOCK CONSTRUCTED STRUCTURE WITH WINDOWS
AND SLIDE APPEARING TO BE A PLAYHOUSE.
45909160006
1440 19TH ST SW, NAPLES
4
18. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100018618
RENEE LYNN CRA VO
INVESTIGA TOR JON A THAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15), AND (12)(n). MISSING POOL CAGE SCREENS AND GREEN POOL.
54523006582
8313 LAUREL LAKES WAY, NAPLES
CESD20100009239
ARTURO AND MARIBEL I. RAMIREZ
INVESTIGATOR RENALD PAUL
FLORIDA BUILDING CODE 2007 EDITION, CHAPTER 1, SECTION 105.1. UNPERMITTED
FENCE ON SITE.
36112200005
4901 23RD AVE SW, NAPLES
CEPM201 0002111 0
BAC HOME LOANS SERVICING LP
INVESTIGA TOR JON A THAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(12)(n), (15), (19). RIPPED CLOTH AWNING, RIPPED VISQUEEN POOL COVER,
AND BEE INFESTATION.
68642520003
13101 BALD CYPRESS LN, NAPLES
CEA20100016108
JANET RIVERO AND RAMON SUAREZ
INVESTIGA TOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.02.07. FOUR HORSES AND OVER TWENTY FIVE CHICKENS AND ROOSTERS.
39780600005
3620 45TH AVE NE, NAPLES
CESD20100017375
JANET RIVERO AND RAMON SUAREZ
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 (B)(1)(a). ANIMAL SHELTERS, ABOVE GROUND POOL AND FENCE WITHOUT
COLLIER COUNTY BUILDING PERMITS.
39780600005
3620 45TH AVE NE, NAPLES
5
23. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CELU20100021285
DAVID AND KERRY DELANEY
INVESTIGATOR JON A THAN MUSSE
COLLIER LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.02.03. MORE
THAN THREE DOGS, SIX MONTHS OR OLDER, ARE BEING KEPT ON THE PREMISES
THA T IS USED FOR RESIDENTIAL PURPOSES. THIS IS A PROHIBITED USE FOR THIS
ZONING DISTRICT.
66262006284
168 SKIPPING STONE LN, 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
CESD20090012012
ERNIE J. & DELA YNA BLAIN
INVESTIGA TOR TONY ASARO
FLORIDA BUILDING CODE 2004 EDITION, CHAPTER 1, SECTION 105.1 AND SECTION
111.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 (B)(1)(e)(i). ELECTRIC AND PLUMBING ADDED TO BUILDING WITHOUT
PERMITS.
37880000109
1750 24TH AVE NE, NAPLES
CESD20100005160
JOSE AND RAQUEL NUNEZ
INVESTIGA TOR 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
6
27. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEPM20100008271
JARRED KAPLAN AND SCOTT M. DIAMENT
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(12)(n), 22-231 (18),22-231 (l2)(b), 22-231 (l2)(m), 22-231 (l2)(g), AND 22-
231 (11). 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 LIGHTING ON FRONT OF BOATHOUSE
STRUCTURE HAS DET A TCHED FROM THE MOUNT AND IS HANGING BY THE WIRES.
69040080005
1100 RAINBOW DR, NAPLES
CEPM20100009663
NEAL AND MARY SWEENEY
INVESTIGA TOR REGGIE SMITH
CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(15). UNMAINTAINED POOL WATER, DARK IN
COLOR.
24791001983
1319 BARNSTABLE CT, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CENA20100009616
JEAN CLAUDE MARTEL
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-181 AND 54-179 . REPEAT VIOLATION OF LITTERlDERELICT ITEMS
CONSISTING OF BUT NOT LIMITED TO: CHEMICAL JUGS, PAINT CANS, WOOD,
BROKEN FURNITURE, PLASTICS, METALS, CLOTH MATERIAL, AND OTHER MISe.
ITEMS SCATTERED THROUGHOUT THE FRONT YARD.
61839320000
3190 KAREN DR, NAPLES
7
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2007100659
LONNY MOORE TR, MORRISON LIVING TRUST
INVESTIGA TOR CHRISTOPHER AMBACH
COLLIER COUNTY ORDINANCE(S): 2005-44 SECTIONS 6,7, AND 8. ACCUMULATION
OF LITTER.
37161440006
120 7TH ST SW, 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
HARDW ARE, AND NOT WEATHER-TIGHT AND WEATHERPROOF, AND NOT
MAINTAINED IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT
CRACKS OR HOLES.
65070800000
616 PALMETTO AVE, IMMOKALEE
CESD20100001280
EDILBRA Y C. PEREZ AND BELKIS MARTINEZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). UNPERMITTED SHED ON SITE.
36234240008
5563 17TH AVE SW, NAPLES
CESD20100001211
JOHN POPO AND 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 1, SECTION 105.1.
FENCE FAILING, BROKEN AND LEANING. UNSIGHTLY. FENCE UNPERMITTED.
36383840003
5400 26TH PL SW, NAPLES
CEPM200900 15732
CITIBANK
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS l2c, 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
8
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100019213
CITIBANK
INVESTIGA TOR 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 102ND AVE N, NAPLES
CESD20100003742
SANDRA L. CASTRO
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). FENCE AND STRUCTURES ON THE PROPERTY WITHOUT COLLIER
COUNTY BUILDING PERMITS.
40060360106
3950 31ST AVE NE, NAPLES
CEPM20090017492
JUAN AND ARMANDINA FLORES
INVESTIGA TOR MICHELE MCGONAGLE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231(l2)(b), 22-231(12)(i), AND 22-243. A VACANT MOBILE HOME WITH
UNSECURE DOORS AND WINDOWS. THE EXTERIOR WALLS ARE COVERED WITH
MOLD.
00768320006
17042 LOCKHART DR, NAPLES
CESD20100008829
JUAN AND ARMANDINA FLORES
INVESTIGA TOR MICHELE MCGONAGLE
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(a). NO PERMITS FOR AN ADDITION TO A MOBILE HOME.
00768320006
17042 LOCKHART DR, NAPLES
9
VII. OLD BUSINESS
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: March 4, 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
10
February 4, 2011
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.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding.
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.
RECESSED: 9:26 AM
RECONVENED: 9:47AM
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (A), "Public Hearings," Stipulations were reached in the following cases
(listed below as Agenda items):
. #9 - Case No. CESD20100019403 - GRAND SLAM REALTY LLC
. #25 - Case No. CESD20090012012 - ERNIE J. & DELAYNA BLAIN
(b) Under Item V (B), "Hearings," the following cases were withdrawn by the County, (listed
below as Agenda items):
. #1 - Case No: S0172893-CEEX20110000852 - HELEN HOOVER
. #2 - Case No: S0157388-CEEX20110000834 - HENRY TURGEON
. #3 - Case No: S0171609-CEEX20110000846 - ROBERT T. TORTOLA
. #4 - Case No: S0173101-CEEX20110000106 - AUSTIN O'MALLEY
. #5 - Case No: PR041529-CEEX20100021848 - STEPHEN M. BROTT
. #6 - Case No: PR044732-CEEX20110000109 - KEN A. ROBERTSON
. #8 - Case No: CEPM20100020075 - JEFFERSON AND TAMMY ROBERTS
. #21 - Case No: CEA20100016108 - JANET RIVERO AND RAMON SUAREZ
. #22 - Case No: CESD20100017375 - JANET RIVERO AND RAMON SUAREZ
. #24 - Case No: CEPM20100020076 - THOMAS AND CHERL YN EDWARDS
. #26 - Case No: CESD20100005160 - JOSE AND RAQUEL NUNEZ
. #27 - Case No: CEPM20100008271 - JARRED KAPLAN AND SCOTT M.
DIAMENT
2
February 4,2011
Under Item VI.A "Motion for Imposition of Fines," the following cases were withdrawn
by the County, (listed below as Agenda items):
. #6 - Case No. CEPM20090015732 - CITIBANK
. #7 - Case No. CEPM20100019213 - CITIBANK
. #8 - Case No. CESD20100003742 - SANDRA L. CASTRO
Under Item VII. - Addition of Item A. - "Motion to Rescind - Sandra L. Castro. -
Case No. CESD20100003742
III. APPROVAL OF MINUTES - January 14, 2011
The Minutes of the Special Magistrate Hearing held on January 14,2011 were reviewed by
the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
9. CASE NO: CESD20100019403
OWNER: GRAND SLAM REALTY LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS
AMENDED, SECTION 10.02.06(B)(1)(a). TIKI HUT, SHED, AND
FRONT WALL STRUCTURE WITHOUT COLLIER COUNTY
BUILDING PERMITS.
FOLIO NO: 40171920008
VIOLATION ADDRESS: 3220 29TH AVE NE, NAPLES
The Hearing was requested by Code Enforcement Investigator Tony Asaro who was
present.
The Respondent was represented by Laurie Vereen.
A Stipulation was entered into by the Respondent's representative, Laurie Vereen
February 4, 2011.
Investigator Asaro outlined the terms of the Stipulation:
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 May 4,2011, 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.
3
February 4, 2011
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 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 casefor $112.56 on or before
May 4, 2011.
Total Amount Due: $112.56
25. CASE NO: CESD20090012012
OWNER: ERNIE J. & DELA YNA BLAIN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: FLORIDA BUILDING CODE 2004 EDITION, CHAPTER 1,
SECTION 105.1 AND SECTION 111.1, COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06
(B)(1)(e)(i). ELECTRIC AND PLUMBING ADDED TO BUILDING
WITHOUT PERMITS.
FOLIO NO: 37880000109
VIOLATION ADDRESS: 1750 24TH AVE NE, NAPLES
The Hearing was requested by Code Enforcement Investigator Tony Asaro who was
present.
The Respondent, Ernie Blain was present.
A Stipulation was entered into by Ernie Blain on February 4, 2011.
Investigator Asaro outlined the terms of the Stipulation:
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 May 4,2011, 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 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 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 casefor $112.64 on or before
May 4,2011.
4
February 4, 2011
Total Amount Due: $112.64
B. Hearings
7. CASE NO: PR044540-CEEX20100005227
OWNER: GREGORYL.MEYER
OFFICER: PARK RANGER MAURICIO ARAQUIST AIN
VIOLATIONS: CODE OF LAW & ORD., SEC 130-66
PARKING IN AN UNAUTHORIZED PARKING AREA
VIOLATION ADDRESS: BAREFOOT BEACH PRESERVE
Gregory Meyer stated he was the driver, not the owner ofthe vehicle and is present
today at the direction ofthe owner (Mary Meyer). He was issued a parking violation in
the area of Barefoot Beach and is appealing the ticket. He provided photographs as
evidence (entered as "Composite Exhibit A") taken approximately 10 days after issuance
the citation. The photos indicated the area where he parked is outside the Park, and not
posted with "no parking" signage. Therefore, he assumed he was legally parked.
Park Ranger Araquistain stated Mr. Meyer parked in a "turnaround area" before
entrance to the Park. The area needs to be kept free of parking to allow visitors to turn
around before entering the Park. On the date of the citation, the Park was busy with no
vehicles parked in the area and it was obvious it is a "no parking area." Mr. Meyer did
not ask the Park attendant if parking was permitted in this area.
Special Magistrate Garretson expressed concern on the lack of "no parking notices" in
the area where Mr. Meyer parked and questioned if there is an Ordinance governing
parking in the area in question?
Park Ranger Carol Buckler stated Mr. Meyer was cited under Ordinance 130-66 which
states no individual may Park within one mile of the Park, for the purposes of entering
the Park without paying an entrance fee. In addition, it identifies areas designated for
parking.
The case was recessed at 10: 11 am to allow Mr. Meyer to review the Ordinance.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20100009616
OWNER: JEAN CLAUDE MARTEL
OFFICER: INVESTIGATOR AZURE SORRELS
VIOLATIONS: 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.
5
February 4, 2011
FOLIO NO: 61839320000
VIOLATION ADDRESS: 3190 KAREN DR, NAPLES
Investigator Michelle Scavone presented the case.
The violation has not been abated as 0[2/4/11
Special Magistrate Order No.: OR4637 - Page 672
Fine Amount: $200.00 day
Duration: 12/11/10 - 2/4/11 (56 days)
Total Fine Amount: $11,200.00
Unpaid Operational Costs: $112.20
Totalto Date: $11,312.20
Fines continue to accrue.
Mr. Martel was under the impression he has removed the necessary debris as identified
in the Order.
Investigator Scavone noted some items still remain.
Jen Baker stated the County will withdraw the case and an Investigator will meet with
Mr. Martel and identify the items required for removal, and if necessary return a case at
a later date.
Special Magistrate Garretson granted StafFs request to withdraw the case.
V. PUBLIC HEARINGS (Continued)
B. Hearings
7. CASE NO: PR044540-CEEX20100005227
OWNER: GREGORY L. MEYER
Reconvened at 10:21 am
Mr. Meyer stated he had reviewed the Section of the Ordinance in question (Section
130-66.1.b).
Park Ranger Araquistain cited the Section which states "Except when necessary to
avoid conflict with other traffic, or in compliance with law or the direction of a law
enforcement officer or official traffic control device, no person shall: (1) Stop, stand or
park a vehicle: On the roadway side of any vehicle stopped or parked at the edge or curb
of a street or highway;"
Mr. Meyer stated this appears to prevent double parking, which he was not.
The Special Magistratefound Mr. Meyer not guilty of the violation as the citation cites
"parking in an unauthorized parking area." The area is not signed for "no parking"
and there is no provision in the Ordinance cited by Staff to prevent parking in this
area.
23. CASE NO: CELU20100021285
OWNER: DAVID AND KERRY DELANEY
6
February 4,2011
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTION 2.02.03. MORE THAN THREE DOGS, SIX MONTHS OR
OLDER, ARE BEING KEPT ON THE PREMISES THAT IS USED
FOR RESIDENTIAL PURPOSES. THIS IS A PROHIBITED USE
FOR THIS ZONING DISTRICT.
FOLIO NO: 66262006284
VIOLATION ADDRESS: 168 SKIPPING STONE LN, NAPLES
Investigator Musse presented the case highlighting the following:
. Upon a site inspection conducted on 11/4/10 and discussions with the Delaneys, it
was determined more than 3 dogs, 6 months or older were residing on the property.
. He cited LDC Section 1.08.02, the definition for Kenneling - "An establishment
licensed to operate afacility housing dogs, cats, or other household pets or the
keeping of more than 3 dogs, 6 months or older, on premises used for residential
purposes, or the keeping of more than 2 dogs on property used for industrial or
commercial security purposes. "
. The Notice of Violation was delivered on 11/30/10.
Mr. Delaney noted:
. He currently has 6 dogs rescued from the Humane Society.
. He admitted the Land Develoment Code requirement exists, however stated Codes
and Ordinances which affect "every day living" should be readily available.
. He searched for any requirements on the number of dogs allowed on a property
before acquiring numerous dogs and could not find the limitations in the Land
Development Code or other Ordinances.
. There are no neighborhood complaints and the dogs are well cared for.
. In other jurisdictions, the requirements are more subjective when allowing the
number of dogs on a property.
Special Magistrate Garretson noted Mr. Delaney's concerns are not judicial issues,
rather legislative issues requiring a change in the Land Development Code and/or other
County Ordinances.
Finding the Notice of Hearing was properly served the Respondent was found
GUlL TYof the alleged violation and ordered to:
1. Reduce the number of dogs 6 months or older housed on the premises to 3 or less
within 365 days (February 4,2012) or afine of $10.00 per day will be imposedfor
each day the violation remains thereafter. 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.
2. If the Respondent has not complied by the deadline the County is authorized
to abate the violation and assess the costs to the property owner. If necessary,
assistance may be requestedfrom the Collier County Sheriff's Office to enforce the
provisions of the Order.
7
February 4, 2011
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.12 on or before
March 4, 2011.
Total Amount Due: $112.12
VI. BUSINESS (Continued)
A. Motion for Imposition of Fines:
9. CASE NO: CEPM20090017492
OWNER: JUAN AND ARMANDINA FLORES
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22, ARTICLE VI, SECTIONS 22-231(12)(b), 22-
231(12)(i), AND 22-243. A VACANT MOBILE HOME WITH
UNSECURE DOORS AND WINDOWS. THE EXTERIOR WALLS
ARE COVERED WITH MOLD.
FOLIO NO: 00768320006
VIOLATION ADDRESS: 17042 LOCKHART DR, NAPLES
Edgar Guzman appeared on behalf of the Flores, his Aunt and Uncle. He noted his
parents purchased the property from the Flores, however the deed has not been recorded.
His parents live in Texas and both the Flores and his parents are aware he is appearing
today on their behalf.
Investigator Mcgonagle presented the case.
The violation has not been abated as of 2/4/11.
Special Magistrate Order No.: OR4606 - Page 638
Part B of the order was abated as of9/16/10
Part C ofthe order was abated as of2/2/11
Fine Amount: Part B $250.00 day
Part C - $250.00
Duration: Part B - 9/11/10 - 9/16/10 (6 days)
Part C - 10/04/10 - 2/2/11 (122 days)
Total Fine Amount: Part B - $1,500.00
Part C - $30,500.00
Unpaid Operational Costs: $112.56 - Previously Paid
Total to Date: $32,000.00
Fines do not continue to accrue.
Edgar Guzman noted they abated the violations as fast as possible given the financial
resources available to them.
Investigator Mcgonagle noted Mr. Guzman was in constant contact with her and abated
the most severe violations by 9/16/10.
8
February 4,2011
Special Magistrate Garretson determined to hear Case No. 10 before making a final
determination.
10. CASE NO: CESD20100008829
OWNER: JUAN AND ARMANDINA FLORES
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1,
PERMITS, SECTION 105.1 AND COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a). NO PERMITS FOR AN ADDITION TO A
MOBILE HOME.
FOLIO NO: 00768320006
VIOLATION ADDRESS: 17042 LOCKHART DR, NAPLES
Mr. Guzman represented the owners.
Investigator Mcgonagle presented the case.
The violation has been abated as of January 13, 2011.
Special Magistrate Order No.: OR4606 - Page 641
Fine Amount: $200.00
Duration: 10/04/10 - 1/13/11 (102 days)
Total Fine Amount: $20,400.00
Unpaid Operational Costs: $112.56 - Previously Paid
Total to Date: $20,400.00
Fines do not continue to accrue.
Special Magistrate Garretson noted the violations had been abated.
The Special Magistrate denied the County's motion/or Imposition 0/ Fines/or both
cases Agenda items (#9 and #10)
RECESSED: 11:25AM
RECONVENED: 11:57AM
V. PUBLIC HEARINGS (Continued)
B. Hearings
10. CASE NO: CEPM20100007797
OWNER: ROSARION AND IMMACULA SIMEUS
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(c). SOFFITS
NEED REPAIRS AND REPLACEMENTS.
FOLIO NO: 36373880002
VIOLATION ADDRESS: 2797 53RD TERR SW, NAPLES
9
February 4,2011
Date of Hearing Notice by Certified Mail and Receipt: 1/20/11 - 1/22/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
Original Service Delivered: 10/25/10
The respondents were not present.
Investigator Paul presented the case.
Evidence entered: Photos depicting the violation.
Finding the Notice of Hearing was properly served the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Complete the necessary repairs to abate the violation on or before February 11,
2011. If the repairs are not made by February 11,2011 afine of $250.00 per day
will be imposed for each day the violation remains thereafter. 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.
2. If the Respondent has not complied by the deadline the County is authorized
to abate the violation by contractor bid out and assess the costs to the property
owner. If necessary, assistance may be requested from the Collier County Sheriffs
Office to enforce the provisions of the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.38 on or before
March 4, 2011.
Total Amount Due: $112.38
11. CASE NO: CEPM20100003242
OWNER: ABEL D. & SARA ACCILIO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22, ARTICLE VI, SECTION 22-231 (12) (c). MAIN
STRUCTURE WITH ROOF DAMAGE.
FOLIO NO: 64701126902
VIOLATION ADDRESS: 907 SUMMERFIELD DR, NAPLES
Date of Hearing Notice by certified mail: 1/20/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
The respondents were not present.
Investigator Asaro presented the case.
Evidence Entered: "Exhibit A" - Photos dated 1/24/11
"Exhibit B" - Photos dated 2/3/11
As of 2/3/11 the violation remains.
10
February 4, 2011
Finding the Notice of Hearing was properly served the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Obtain a Collier County Building permit (ifrequired) and the necessary inspections
to complete the necessary repairs to abate the violation on or before February 18,
2011. If the repairs are not made by February 18,2011, 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.
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.56 on or before
March 4, 2011.
Total Amount Due: $112.56
12. CASE NO: CEPM20100004034
OWNER: ABEL D. & SARA ACCILIO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22, ARTICLE VI, SECTION 22-231(15). POOL WITH
ALGAE GROWTH.
FOLIO NO: 64701126902
VIOLATION ADDRESS: 907 SUMMERFIELD DR, NAPLES
Investigator Asaro presented the case.
Date of Hearing Notice by Certified Mail: 1/20/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
The respondents were not present.
Evidence Entered: "Exhibit A" - Photos March 29,2010, February 3, 2011
"Exhibit B" - Photos February 3, 2011
As of 2/3/11 the violation remains.
Finding the Notice of Hearing was properly served the Respondent was found
GUlL TYof the alleged violation and ordered to either:
1. Chemically treat the pool water to kill the algae and provide bi-weekly
11
February 4, 2011
treatments to maintain clean pool water and filtration system, on or before
February 11,2011 or afine of $250. 00 per day will be imposedfor each day the
violation remains thereafter 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 February 11,2011 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.
3. The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline, the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner If necessary, assistance may be requested from the Collier County
SherifFs Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.73 on or before
March 4, 2011.
Total Amount Due: $112.73
13. CASE NO: CEV20100019105
OWNER: TODD R. & CYNTHIA MOWRY
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 130, ARTICLE III, SECTION 130-95. UNLICENSED
PASSENGER V AN PARKED ON THE PROPERTY.
FOLIO NO: 41828000005
VIOLATION ADDRESS: 5120 CORAL WOOD DR, NAPLES
Date of Hearing Notice by Certified Mail: 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/21/11
The respondents were not present.
Original service delivered: 12/31/10.
Investigator Musse presented the case.
Evidence Entered: "Composite Exhibit A" - 2 photos taken 1/7/11
As of 2/1/11 the violation remained.
Finding the Notice of Hearing was properly served the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Obtain affIX a valid license plate to the vehicle and repair any defects to the vehicle
to make it operable or store the vehicle within the confines of an enclosed structure
12
February 4,2011
by February 7,2011. If the violation is not abated by February 7,2011 afine of
$50.00 per day will be imposedfor each day the violation remains there after,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requested from the Collier County
Sheriffs Office to enforce the provisions of the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.12 on or before
March 4, 2011.
Total Amount Due: $112.12
14. CASE NO: CENA20100019164
OWNER: TODD R. & CYNTHIA MOWRY
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 54 ENVIRONMENT, ARTICLE VI WEEDS AND
LITTER AND EXOTICS, SECTION 54-181. LITTER CONSISTING
OF BUT NOT LIMITED TO: TIRES, WOOD, METAL SCRAPS,
AND OTHER CONSTRUCTION RELATED DEBRIS.
FOLIO NO: 41828000005
VIOLATION ADDRESS: 5120 CORAL WOOD DR, NAPLES
Date of Hearing Notice by Certified Mail: No testimony
Date of Hearing Notice Property/Courthouse Posting: No testimony
Date of Original Service: 12/6/10
The respondents were not present.
Officer Investigator Musse presented the case.
Evidence Entered: "Composite Exhibit A" - 8 photos taken 1/7/11
As of 2/2/11 the violation remained.
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to:
1. Remove all unauthorized accumlation of litter on the property and dipose of it an
appropriate waste facility or store the desired items in an enclosed structure by
February 11, 2011. If the violation is not abated by February11, 2011 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.
13
February 4, 2011
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requested from the Collier County
Sheriffs Office to enforce the provisions of the Order.
3. 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
March 4, 2011.
Total Amount Due: $112.20
15. CASE NO: CEAU20100021493
OWNER: NAPLES HOMES RENTAL LLC
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1,
SECTION 105.1. UNPERMITTED FENCE.
FOLIO NO: 36121800001
VIOLATION ADDRESS: 4961 21sT PL SW, NAPLES
Date of Hearing Notice by Certified Mail and Receipt: 1/20/11 - 1/24/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
Date of Original Service: 12/1 /1 0
The respondents were not present.
Investigator Paul presented the case.
Evidence Entered: "Composite Exhibit A" - 2 photographs
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Obtain a Collier County Building permit (ifrequired) and the necessary inspections
to permit the fence, or obtain necessary demolition permits and remove the fence on
or before March 4, 2011. If the repairs are not made by March 4, 2011 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.
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. Ifnecessary, assistance may be requestedfrom the Collier County
Sheriff's Office to enforce the provisions of the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.29 on or before
14
February 4,2011
March 4, 2011.
Total Amount Due: $112.29
16. CASE NO: CEPM20100014261
OWNER: NICHOLAS K. & LETITIA ANNE WILLIAMS
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES
CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
231(15). POOL HAS GREEN WATER AND POOL COVER
DAMAGED.
FOLIO NO: 51978000783
VIOLATION ADDRESS: 14872 INDIGO LAKES CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail and Receipt: 1/20/11 - 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/21/11
The respondents were not present
Investigator Musse presented the case.
Evidence Entered: "Exhibit A" - Photo taken 8/11/10
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 and proper operation of the filtration
system on or before February 11, 2011 or afine of $250.00 per day will be imposed
for each day the violation remains thereafter 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 February 11,2011 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.
3. The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary assistance may be requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case for $112.20 on or before
March 4, 2011.
Total Amount Due: $112.20
15
February 4, 2011
17. CASE NO: CESD20100009712
OWNER: DEUTSCHE BANK NATL TRUST
OFFICER: INVESTIGATOR CAROL SYKORA
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1
PERMITS, SECTION 105.1 AND COLLIER COUNTY LAND
DEVELOPMENT CODE, AS AMENDED, SECTION
10.02.06(B)(1)(a). A VERTICAL BLOCK CONSTRUCTED
STRUCTURE WITH WINDOWS AND SLIDE APPEARING TO BE
A PLAY HOUSE.
FOLIO NO: 45909160006
VIOLATION ADDRESS: 1440 19TH ST SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/11
Date of Hearing Notice Property/Courthouse Posting: 1/25/11
The respondents were not present.
Investigator Sykora presented the case.
Evidence Entered: "Exhibit A" - Photo taken 7/19/2010
Finding the Notice oj Hearing was properly served the Respondent was jound
GUILTYoj the alleged violation and ordered to:
1. Obtain a Collier County Building permit and the necessary inspections to permit
the structure or obtain the necessary demolition permit jor removal oj the structure
on or bejore March 4, 2011. If the repairs are not made by March 4, 2011 afine
oj $100.00 per day will be imposed jor each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order ojthe Special Magistrate.
2. The Respondent is to notify Code Enjorcement within 24 hours oj abatement oj the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requestedjrom the Collier County
SherifFs Ojfice to enjorce the provisions oj the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enjorcement during the prosecution oj the case jor $112.20 on or bejore
March 4, 2011.
Total Amount Due: $112.20
18. CASE NO: CEPM20100018618
OWNER: RENEELYNNCRAVO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,
16
February 4, 2011
ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
231(15), AND (12)(n). MISSING POOL CAGE SCREENS AND
GREEN POOL.
FOLIO NO: 54523006582
VIOLATION ADDRESS: 8313 LAUREL LAKES WAY, NAPLES
Date of Hearing Notice by Certified Mail and Receipt: 1/20/11 1/21/11
Date of Hearing Notice Courthouse Posting: 1/21/11
Date of Original Service: 10/27/1 0
The respondents were not present.
Investigator Musse presented the case.
Evidence Entered: "Composite Exhibit A" - 3 photos taken 1 0/20/1 0
Violation remained as of 2/2/11
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 and proper operation of the filtration
system on or before February 11,2011 or afine of $250. 00 per day will be imposed
for each day the violation remains thereafter 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 February 11, 2011 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.
3. Repair or replace pool screening by February 11,2011 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.
4. The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.20 on or before
March 4, 2011.
Total Amount Due: $112.20
17
February 4, 2011
19. CASE NO: CESD20100009239
OWNER: ARTURO AND MARIBEL I. RAMIREZ
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: FLORIDA BUILDING CODE 2007 EDITION, CHAPTER 1,
SECTION 105.1. UNPERMITTED FENCE ON SITE.
FOLIO NO: 36112200005
VIOLATION ADDRESS: 4901 23RD AVE SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
Date of Original Service: 11/17/1 0
The respondents were not present.
InvestigatorPaul presented the case.
Evidence Entered: "Exhibit A" - 1 Photograph
The violation still exists.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Obtain a Collier County Building permit (ifrequired) and the necessary inspections
to permit the fence, or obtain necessary demolition permits and remove the fence on
or before March 4, 2011. If the repairs are not made by March 4, 2011 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.
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. If necessary, assistance may be requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
3. The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the casefor $112.38 on or before
March 4, 2011.
Total Amount Due: $112.38
20. CASE NO: CEPM20100021110
OWNER: BAC HOME LOANS SERVICING LP
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES
CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,
ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
231(12)(n), (15), (19). RIPPED CLOTH AWNING, RIPPED VISQUEEN
POOL COVER, AND BEE INFESTATION.
18
February 4,2011
FOLIO NO: 68642520003
VIOLATION ADDRESS: 13101 BALD CYPRESS LN, NAPLES
Date of Hearing Notice by Certified Mail: 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/21/11
The respondents were not present.
Investigator Musse presented the case.
Evidence Entered: "Exhibit A" - 4 photos taken 11/18/10
"Exhibit B" - 1 photo taken 1/12/11
As of 1/12/11, the pool cover has been replaced however the bee infestation and ripped
awning remains. As of 2/2/11 the bee infestation ceased and the ripped awning remains.
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to either:
1. Obtain a Collier County Building permit (ifrequired) and the necessary inspections
required to repair or replace the awning by March 4, 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.
2. The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. 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 $112.29 on or before
March 4, 2011.
Total Amount Due: $112.29
28. CASE NO: CEPM20100009663
OWNER: NEAL AND MARY SWEENEY
OFFICER: INVESTIGATOR REGGIE SMITH
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE
VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15).
UNMAINT AINED POOL WATER, DARK IN COLOR.
FOLIO NO: 24791001983
VIOLATION ADDRESS: 1319 BARNSTABLE CT, NAPLES
Date of Hearing Notice by Certified Mail: 1/6/11
Date of Hearing Notice Property/Courthouse Posting: 1/19/11
The respondents were not present.
19
February 4, 2011
Investigator Kincaid presented the case for Investigator Smith presented the case.
Evidence Entered: "Exhibit A" - Photo taken 7/22/10
"Exhibit B" - Photo taken 11/8/10
"Exhibit C" - Photo taken 2/3/11
The violation still remains.
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 and proper operation of the filtration
system on or before February 11,2011 or afine of $250. 00 per day will be imposed
for each day the violation remains thereafter 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 February 11,2011 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.
3. The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance. If the Respondent has not complied by the deadline the County is
authorized to abate the violation by contractor bid out and assess the costs to the
property owner. 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 casefor $120.08 on or before
March 4, 2011.
Total Amount Due: $120.08
A. Emergency Cases:
None
VI. NEW BUSINESS (Continued)
B. Motion for Imposition of Fines:
2. CASE NO: 2007100659
OWNER: LONNY MOORE TR, MORRISON LIVING TRUST
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
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
Date of Hearing Notice by Certified Mail: 1/21/11
20
February 4, 2011
Date of Hearing Notice Property/Courthouse Posting: 1/21/11
The respondents were not present.
Investigator Ambach presented the case.
The violation has not been abated as of 2/4/11.
Special Magistrate Order No.: OR4635 - Page 828
Fine Amount: $100.00 day
Duration: 1/4/11 - 2/4/11 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.29
Total to Date: $3,312.29
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines/or a
total amount due 0/$3,312.29 withfines continuing to accrue.
3. CASE NO: CEPM20100018647
OWNER: TARPON IV LLC
OFFICER: INVESTIGATOR ED MORAD
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 PRO PERL Y 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, IMMOKALEE
Date of Hearing Notice by Certified Mail: 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
The respondents were not present.
Investigator Morad presented the case.
The violation has not been abated as of2/4/11.
Special Magistrate Order No.: OR4635 - Page 808
Fine Amount: $250.00 day
Duration: Part B of Order: 12/11/10 - 2/4/11 (56 days)
Part C of Order: 1/4/11 - 2/4/11 (32 days)
Total Fine Amount: $22,000.00
Unpaid Operational Costs: $112.47
Total to Date: $22,112.47
Fines continue to accrue.
21
February 4,2011
The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines/or a
total amount due 0/ $22,112.47 with fines continuing to accrue.
4. CASE NO: CESD20100001280
OWNER: EDILBRA Y C. PEREZ AND BELKIS MARTINEZ
OFFICER: INVESTIGATOR RENALD PAUL
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
Date of Notice by Certified Mail: 1/21/11
Date of Property/Courthouse Posting: 1/20/11
The respondents were not present.
Investigator Paul presented the case.
The violation has not been abated as of 2/4/11.
Special Magistrate Order No.: OR4635 - Page 818
Fine Amount: $100.00 day
Duration: 1/4/11 - 2/4/11 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.47
Total to Date: $3,312.47
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines/or a
total amount due 0/ $3,312.47 with fines continuing to accrue.
5. CASE NO: CESD20100001211
OWNER: JOHN POPO AND MARIA PEREZ
OFFICER: INVESTIGATOR RENALD PAUL
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. UNSIGHTLY. FENCE UNPERMITTED.
FOLIO NO: 36383840003
VIOLATION ADDRESS: 5400 26TH PL SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/21/11
Date of Hearing Notice Property/Courthouse Posting: 1/20/11
The respondents were not present.
Investigator Paul presented the case.
The violation has not been abated as of 2/4/11.
Special Magistrate Order No.: OR4635 - Page 806
22
February 4, 2011
Fine Amount: $100.00 day
Duration: 1/4/11 — 2/4/11 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.64
Total to Date: $3,312.64
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a
total amount due of $3,312.64 with fines continuing to accrue.
VII. OLD BUSINESS
A. Motion to Rescind - Sandra L. Castro — CESD20100003742
The Special Magistrate GRANTED the County's Request.
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
Referenced in 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 MEETING DATE: March 4, 2011 at 9:00 A.M. located at the Collier County
Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order
of the Special Magistrate at 1:04 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
B
6da Garretson, Special Magistrate
The Minutes were approv by the Special Magistrate on i�PWck L.4 X01
as presented , or as amended
23