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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