CESM Minutes 03/04/2011
March 4, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 4, 20 II
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
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
March 4,2011 at 9:00 A.M.
LOCATION:
Collier County Government Center, 3299 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
HI. APPROV AL OF MINUTES - February 4, 2011
February 7, 2011
IV. MOTIONS
A. Motion for Extension of Time
B. Motion for Continuance
C. Motion for Reduction/Abatement of Fines
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100009607
DAVID AND PAULINE K. HEALY TR, HEALY FAMILY TRUST UTD 9/1/03
INVESTIGA TOR REGGIE SMITH
CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-23 I (15). POOL WATER UNMAINT AINED, DARK IN
COLOR, AND STAGNATE/ALGAED.
31055004800
6650 HARWICH CT, NAPLES
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
S0173917-CEEX20110001731
TANYA HAY
DEPUTY SIEGEL
CODE OF LA W & ORD., SEC. 130-66
UN LA WFU I. AREA
FRESH MARKET, NAPLES
S0171635-CEEX20110001708
GARY ROOT
DEPUTY KELLER
CODE OF LA W & ORD., SEe. 130-66
UNLA WFUL AREA/CROSSWALK
SAM'S, 2550 IMMOKALEE RD, NAPLES
S0157392-CEEX20110001344
JAMES KAVNEY
CORPORAL KINCAID
CODE OF LA W & ORD., SEC 130-67
HANDICAPPED SPACE
W ALMART, 5420 JONQUIL LANE, NAPLES
S0162668-CEEX20 1 00022325
HARRY B. UPPERCUE
CORPORAL D. CHRISTIANSEN
CODE OF LA W & ORD., SEC 130-67
HANDICAPPED SPACE
CHILI'S RESTAURANT, 2431 TARPON BAY BLVD, NAPLES
S0157393-CEEX20110001536
UBALDO PERRONE
CORPORAL KINCAID
CODE OF LAW & ORD., SEC 130-67
HANDICAPPED SPACE
WATERSIDE SHOPS, 5355 N. TAMIAMI TRL, NAPLES
2
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS
PR041505-CEEX20100021540
JAY LIEBMAN
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LA W & ORD., SEC 130-66
FAILURE TO DlSPLA Y PAID PARKING RECEIPT
CLAM PASS
PR045677-CEEX20110001509
DA VID HOOVER
PARK RANGER CAROL BUCKLER
CODE OF LAW & ORD., SEC 130-66
FAILURE TO PROPERLY AFFIX BEACH STICKER
TIGERTAIL BEACH
DAS12098-CEEX20110001257
BARRY ANDERSON
OFFICER LARRY KENNER
CODE OF LAW & ORD, 2008-51, AS AMENDED, SECTION 8, PARAGRAPH B. ANIMAL
AT LARGE.
MARCO ISLAND POLICE DEPT.
CEAU20100009648
FRANCISCO LOPEZ
INVESTIGATOR WELDON WALKER
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1.
FENCE ERECTED WITHOUT FIRST ACQUIRING A COLLIER COUNTY BUILDING
PERMIT.
87000007
620 CLIFTON ROAD, IMMOKALEE
CEPM20100019147
CESAR O. HIDALGO REYES
INVESTIGA TOR ED MORAD
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-23 I (12)(i) AND SECTION 22-231 (I 2)(b) WINDOWPANES NOT
MAINTAINED WITHOUT CRACKS OR HOLES AND INFESTATION OF INSECTS
(SWARMING BEES) ON THE SURFACE OF THE EXTERIOR WALL OF BUILDING.
65071520004
523 EUSTIS AVE, IMMOKALEE
3
I I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100018348
PALMIRA MUNOZ
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
I 0.02.06(B)( I lea). UNPERMITTED SHED LOCATED IN THE REAR YARD OF THE
PROPERTY.
35774720005
205 I 44f11 TER SW, NAPLES
CESD20100004761
WILNER FRANCOIS AND SANDY ST. FLEUR
INVESTIGA TOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105. I
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION
10.02.06(B)( 1 lea). PVC FENCE AROUND POOL NEVER CO-ED.
36560840004
2700 44'H ST SW, NAPLES
CEV20100021990
MARC C. MONTANO AND NATALIE POLLY
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 130-95 AND 130-96.
INOPERABLE AND UNTAGGED VEHICLE ON SITE AND A BOAT PARKED IN THE
FRONT YARD.
36236080004
5400 19'" AVE SW, NAPLES
CESD20100021865
NKGW 1 LLC
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION
10.02.06 (B)( I lea). ENCLOSED SCREEN PORCH AND NEW CONSTRUCTION OF SHED
TYPE STRUCTURE IN BACK YARD.
36430920009
5515 291H PI, SW, NAPLES
CESD20100002817
,JUDY L. CASELEY
INVESTIGATOR JAMES SEABASTY
BUILDING AND LAND ALTERATION PERMITS. (PERMITS, INSPECTIONS,
CERTIFICATE OF COMPLETION REQUIRED) COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a). A PRE-
CONSTRUCTED WOOD SHED PLACED ON THE PROPERTY WITHOUT FIRST
OBTAINING THE REQUIRED PERMIT.
66 I 10000248
I 180 CHOKOLOSKEE DRIVE, UNIT 12. CHOKOLOSKEE ISLAND
4
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
20. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS
CEAU201 0001 8853
SMITH AND GUETTlE FRANCOIS
INVESTIGA TOR JANIS POTTER
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1
FENCE PERMIT # 2006042557 EXPIRED ON 10115/06. NO CERTIFICATE OF
COMPLETION ISSUED.
40301600004
293022'" AVE NE, NAPLES
CESD20100004916
SERGIO G, AND PA TRIClA SALINAS
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1.
EXPIRED PERMIT #2001 100506-NEVER CO-ED.
35993680007
2756 471H ST SW, NAPLES
CESD20100021808
FOOD LAND SUPERMARKETS LLC
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). THE NORTH SIDE ENTRANCE OF THE STORE WAS ENCLOSED ON
THE INTERIOR WITHOUT A PERMIT.
35931160000
I 1845 COLLIER BLVD, NAPLES
CEPM20100018515
ELEANOR BUCHANAN
INVESTIGATOR JAMES SEABASTY
CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SEe. 22-236 (2)(5)
DANGEROUS BUILDING. ROOF CA VING AND IN A VERY POOR STATE WITH
NUMEROUS PROPERTY MAINTENANCE VIOLATIONS, STRUCTURE IS OPEN TO THE
ELEMENTS.
1134801501
238 OLD TRAIN LANE, NAPLES
CEEX20110001028
TRISH AND TOM LECOMTE
OFFICER DARCY ANDRADE
COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14, SECTION 14-35.
DANGEROUS DOG.
1190 RESERVE WAY #308, NAPl.ES
5
21. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEEX20110002076
MICHAEL MURPHY
OFFICER PETER HINKLEY
COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14, SECTION 14-35.
DANGEROUS DOG.
168 COLONADE CIRCLE, NAPLES
CEEX20110002159
JULIE KOVACS
OFFICER DARCY ANDRADE
COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14, SECTION 14-35.
DANGEROUS DOG.
1385 MARIPOSA CIRCLE, NAPLES
A, Motion for Imposition of Fines:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
CEPM20100009607
DAVID AND PAULINE K, HEALY TR, HEALY FAMILY TRUST UTD 9/1/03
INVESTIGATOR REGGIE SMITH
CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(15). POOL WATER UNMAINTAINED, DARK IN
COLOR, AND STAGNATE/ALCiAED.
31055004800
6650 HAR WICH CT, NAPLES
CESD20100003073
EDUARDO GONZALES
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). UNPERMITTED SHED. UNPERMITTED GARAGE PARTITION WALLS.
36 I 1396000 I
214048lHSTSW, NAPLES
6
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEPM20100005355
OLGA NIKOLAKOPOULOS
INVESTIGATOR CARMEI.O GOMEZ
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-23 I (15). POOL WATER BLACK.
23971640000
1412 MONARCH CIRCLE, NAPLES
CEPM20100004757
PAUL-MICHAEL CONROY
INVESTlGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 12(c). OCCUPIED STRUCTURE WITH INCOMPLETE RE-ROOF.
35775120002
44491911I Pl. SW, NAPLES
CEPM20100017929
ALLAN PERDOMO
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-23 I (12)(1). SCREEN IN THE LANAI IS TORN, NEEDS TO BE REPAIRED.
36123040005
1990 50rll ST SW, NAPLES
CESD20100020024
TATlANA TANNEHILL
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). UNPERMITTED WOOD CANOPY WITH CONCRETE BLOCK SHRINE IN
THE REAR YARD.
35740720000
2121 4Is'TERSW, NAPLES
A, Motion to Amend Previously Issued Order:
B, Motion to Rescind Previously Issued Order:
7
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 Licns on Cases Referenced in Submitted
Executive Summary.
IX, REPORTS
X, NEXT MEETING DATE: April I, 2011 at 9:00 A,M, located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI, ADJOURN
8
March 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 9:00
AM. All those testifYing at the proceeding did so under oath.
A. Special Magistrate Garretson outlined the Rules and Regulations for the
Hearing. The Special Magistrate noted that, prior to conducting the Hearing;
Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance
without being punitive.
RECESSED: 9:18am
RECONVENED: 9:40am
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes to the
Agenda:
(a) Under Item V.(A), "Public Hearings," Stipulations were reached in the following
cases (listed below as Agenda items):
. 13, CASE NO: CEV20I00021990 - MARC C. MONTANO AND NATALIE POLLY
(b) Under Item V.(B), "Hearings," the following cases were withdrawn by the County,
(listed below as Agenda items):
. 3. CASE NO:
. 4, CASE NO:
. 5, CASE NO:
. 6. CASE NO:
. 7. CASE NO:
. 8, CASE NO:
. 9, CASE NO:
. IO.CASE NO:
. 14.CASE NO:
. 15.CASE NO:
. 16.CASE NO:
. 18.CASE NO:
. 21.CASE NO:
S0157392-CEEX2011 0001344 - JAMES KA VNEY
S0162668-CEEX20100022325 -HARRY B. UPPERCUE
S0157393-CEEX20110001536 -IJBALDO PERRONE
PR04I505-CEEX2010002I540 - JAY LIEBMAN
PR045677-CEEX20110001509 - DAVID HOOVER
DAS12098-CEEX20110001257 - BARRY ANDERSON
CEAU20100009648 - FRANCISCO LOPEZ
CEPM201000I9147 - CESAR O. HIDALGO REYES
CESD20100021865 - NKGW I LLC
CESD201 00002817 - JUDY L, CASELEY
CEAU201000I8853 - SMITH AND GUETTlE FRANCOIS
CESD20100021808 - FOOD LAND SUPERMARKETS LLC
CEEX20110002076 - MICHAEL MURPHY
III. APPROVAL OF MINUTES - February 4, 2011
2
March 4,2011
February 7, 2011
The Minutes of the Special Magistrate Hearing held on February 4, 2011 and
February 7, 2011 were reviewed by the Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Extension of Time
None
B. Motion for Continnance
None
C. Motion for Reduction/Abatement of Fines
1. CASE NO: CEPM20100009607
OWNER: DAVID AND PAULINE K. HEALYTR, HEALY FAMILY TRUST UTD
9/1/03
OFFICER: INVESTIGATOR REGGIE SMITH
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTION 22-231(15), POOL WATER
UNMAINTAINED, DARK IN COLOR, AND STAGNATE/ALGAED.
31055004800
FOLIO NO:
VIOLATION
ADDRESS:
6650 HARWICH CT, NAPLES
Tim Casey, Manager of the Trust noted the subject property had been abandoned
for 2 ~ 3 years and was purchased by the Trust at a foreclosure auction on February 1,
2011. At the time of purchase, he was unaware of the violation as he had not visi(ed
the subject property prior to purchase. Upon becoming aware of the violation it was
corrected by February 4,2011. All operational costs associated with the violation
have been paid to the County. He requested the Magistrate abate the fines associated
with the case,
Michelle Crowley, Code Enforcement Officer noted the original violation was
posted on December 11, 2010. On February 4,2011 she met with the respondent on
site and the violation had been abated. The County has no objection to the motion for
abatement of the fine associated with the violation.
The Special Magistrate GRANTED the Respondents motion for abatement of the
fine associated with the case.
V. PUBLIC HEARINGS
A. Stipulations
13. CASE NO: CEV20100021990
OWNER: MARC C. MONTANO AND NATALIE POLLY
OFnCER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130-
95 AND 130-96. INOPERABLE AND UNT AGGED VEHICLE ON SITE AND
A BOAT PARKED IN THE FRONT YARD,
FOLIO NO: 36236080004
VIOLATION
ADDRESS: 5400 19'" AVE SW, NAPLES
3
March 4, 2011
The Hearing was requested by Code Enforcement Investigator Renauld Paul who was
present.
The Respondent was represented by Marc C. Montano,
A Stipulation was entered into by the Respondent's representative Marc C. Montano.
Investigator Paul outlined the terms of the Stipulation agreed to by the parties and
the Respondent shall:
1. Pay operational costs in the amount of $112.38 incurred in the prosecution of
this case within 30 days of this hearing.
2. Abate all violations by:
a) Obtaiing and affIXing a current license plate and make all necessary repairs
to the vehicle making it operable, or storing in a completely enclosed
structure, or remove offending vehicles from residentially zoned property
within 7 days of this hearing, or afine of $50. 00 a day will be imposedfor
each day the violation remains unabated.
b) Store in the backyard or garage (in an enclosed structure) any and all
recreational vehicles, or remove from the residentially zoned property
witthin three days of this hearing or pay afine in the amount of$100.00 per
day that this violation remains unabated.
3. NotifY Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance.
4. If the Respondentfails to abate the vioilation, the County may abate the
violation and may use the assistance of the Collier County Sheriff's Office to
enforce the provisions of this agreement and all costs of abatement shall be
assessed to the property owner.
B. Hearings
l. CASE NO: S0173917-CEEX20110001731
OWNER: TANYA HAY
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD" SEC,130-66
UN LA WFUL AREA
VIOLATION
ADDRESS: FRESH MARKET, NAPLES
Respondent's Exhibit Entered: Exhibit A - 2 photos
Tanya Hay appeared before the Special Magistrate presenting photos of the parking
space in question. They show the area is not posted as a "no parking area" and it
appears to be a parking space. The Manager of the store indicated he was not awarc
the area is "no parking." The area in question is not painted "striped" indicating it is
a "no parking area. II
4
March 4, 2011
Deputy Thomas Siegel, Parking Enforcement Specialist noted the area is
encompassed by yellow painted curbing and County Ordinance prohibits parking
adjacent to curbing marked in yellow.
The Special Magistrate noted the Ordinance does prohibit parking in the area in
question, however it would be beneficial if the area was more adequately marked 10
notify the public of a "no parking area,"
The Special Magistrate found the Respondent was in violation of the Ordinance
and ordered her to pay the operational costs of $55.00 by April 4, 2011.
2. CASE NO: S0171635-CEEX2011 0001708
OWNER: GARY ROOT
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC.130-66
UNLAWFUL AREA/CROSSW ALK
VIOLATION
ADDRESS: SAM'S, 2550 IMMOKALEE RD, NAPLES
Respondent's Exhibits Entered: Exhibit A - Officer Siegal's work record for
February 5, 2011
Exhibit B - Hours of operation - Sam's Club
Deputy Thomas Siegel, Parking Enforcement Specialist acknowledged:
. "Exhibit A" is an accurate depiction of his work record for February 5, 2011.
. "Exhibit B" is an accurate reflection of the hours of operation for Sam's Club at
the location the citation was issued.
. Sam's Club is not open for business at 11: 12 pm,
. His last contact with dispatch was at 2:36 pm and he did not work the evening
of February 11, 2011.
Mr. Root contended the citation issued for "unlawful parking" is not valid as the time
of day of the citation is 11: 12 pm, Mr. Root noted he was not at Sam's Club at 11: 12
pm on February 5, 2011.
Deputy Thomas Siegal testified:
. Mr. Root exited the store as he was writing the citation and told him he was
returning a heavy table.
. He notified Mr. Root there is ample area to park to return heavy objects, or you
may park in a regular parking space and request store assistance.
. As he was writing out the citation, Mr. Root fled the scenc.
. In his haste to write out the citation, he circled "p.m." instead of"a.m," on the
citation.
. Due to the respondent being deemed a "runner," Deputy Kincaid was
dispatched to the scene.
Deputy Kincaid testified:
5
March 4, 2011
. He responded to the scene in an attempt to detain the vehicle,
. He could not locate the vehicle; however Deputy Siegal had ascertained the
vehicle license tag number from which he detelmined the address of the
respondent.
. He proceeded to the address to hand deliver the ticket.
. No one answered the door, so he left a copy of the citation in the Respondents
door.
Under Special Magistrate questioning Mr. Root testified:
. He came into possession of the ticket on February 5th or 6th
. He ran errands the day in question and was at Sam's Club, however he was
unsure of the time of day,
. He contends on "face value" of the ticket, it is invalid and cannot be modified,
Special Magistrate Garretson noted clerical errors in charging documents may be
altered if the evidence supports its alteration. Based on the evidence, the error on the
ticket is a clerical error which may be corrected.
Mr. Root entered "Exhibit C" as evidence - Copy of the receipt issued to him at
Sam's Club on February 5, 2011.
Mr. Root acknowleged he was parked in the area in question, however, as indicated
by the time on the receipt (11 :09), he exited scene before 11: 12 a,m. Therefore, he
was not at the place in question as of II : 12 a.m. as indicated on the citation,
Based on the evidence presented, the Special Magistrate found the Respondent
GUILTY of a parking violation and ordered him to pay $85.00 by April 4, 2011.
RECESSED:lO:42am
RECONVENED: 11:07am
19, CASE NO: CEPM20100018515
OWNER: ELEANOR BUCHANAN
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SEC. 22-236 (2)(5) DANGEROUS BUILDING. ROOF CAVING AND IN A
VERY POOR STATE WITH NUMEROUS PROPERTY MAINTENANCE
VIOLATIONS, STRUCTURE IS OPEN TO THE ELEMENTS.
1134801501
FOLIO NO:
VIOLATION
ADDRESS:
238 OLD TRAIN LANE, NAPLES
Evidence Entered by County Officers: Composit Exhibit A - 5 photos dated
9/16/1 0
Composite Exhibit B -- 8 photos dated
12/6/1 0
Composite Exhibit C - 5 photos dated
3/3/11
6
March 4, 20] ]
Composite Exhibit D -- 6 photos
Date of Hearing Notice by Certified Mail: 2/18/11
Date of Hearing Notice Property/Courthouse Posting: 2/22/1]
Investigator Seabasty testified:
. The structure in question is in total disrepair.
. On December 6, 2010, County Officials conducted a structural inspection on
the structure.
. On December 8, 2010, the structure was declared "unsafe" by Gary
Harrison, Collier County Bui]ding Official.
. The respondents have failed to communicate with Code Enforcement.
Collier County Sheriff Lieutenant Mark Milligan testified:
. The building was declared abandoned on October 10, 2009.
. The structure is unsecured, layden with refuse and been the site of supsicious
activity.
. The structure is structurally unsafe, a public safety concern and needs to bc
demolished,
Chief Alan McGlaughlin, Okeechobee Fire District testified:
. The building is in dilapitated condition and is a fire hazard to itself and
adjacent buildings,
The Special Magistrate found the building should be declared a "Dangerous
Building."
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TYofthe alleged violation and ordered to:
1. Obtain the necessary demolition permits, demolish the unsafe structure and
legally dispose of the debris on or before March 11, 2011. If the demolition
and associated debris disposal is not completed by March 11,2011, a fine of
$250.00 per day will be imposed for each day the violation remains
thereafter until the violation is abated unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
2. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance and
obtain a Certificate of Completion. 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 and/or the Fire
Chief of the Okeechobee Fire District to enforce the provisions of the Order.
3. Pay the Operational Costs incurred by Code Enforcement during the
prosecution of the case of $112.47 on or before April 4, 2011.
7
March 4, 2011
Total Amount Due $112.47
20. CASE NO: CEEX20110001028
OWNER: TRISH AND TOM LECOMTE
OFFICER: OFFICER DARCY ANDRADE
VIOLATIONS: COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14,
SECTION 14-35. DANGEROUS DOG.
VIOLATION
ADDRESS: 1190 RESERVE WAY #30S, NAPLES
Exhibits entered by County Staff: Composite Exhibit A - 2 photos taken 1/3/11
Composite Exhibit B-2 photos (taken by the
victim)
Darcy Andrade, Animal Control Officer and Bonnie Kubiscek, Domestic Animal
Services testified:
. On January 3, 2011, Rolando Cosman contacted to Domestic Animal
Services regarding a dog bite he received on January 2, 2011.
. Mr. Cosman is not able to be present, however he did provide an affadavit
which indicated he was bil by the Respondent's dog while he was walking
his dog, He sustained a bite on his hand and a bruised knee during the event.
Tricia Lecomte testified:
. "Cooper" is a 4 year old, 80lb Rotweiller.
. He has not had an issue with "agressiveness."
. The children took the dog out for a brief walk (the dog was on a leash), she
did not witness the incident.
. She submitted letters indicating Cooper is a well behaved dog.
Erica Lecomte (age 10) testified:
. When the children got to the bottom of the stairs, Mr. Cosman was present
with an equal size dog.
. Mr. Cosman's dog growled al Cooper.
. The dogs became entagled in a fight and both parties lost control of their
dogs.
. In an attempt to separate the dogs, Mr. Cosman sustained the injuries.
. She is uncertain which dog bit Mr. Cosman.
The Special Magistate found the dogs were "defending Iheir territory" and Cooper
should not be deemed a "Dangerous Dog." The case will remain on file with
Domestic Animal Services,
The County's determination "Cooper" is a "Dangerous Dog" was overturned.
22, CASE NO:
OWNER:
OFFICER:
CEEX20110002159
JULIE KOVACS
OFFICER DARCY ANDRADE
8
March 4,2011
VIOLATIONS: COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14,
SECTION 14-35. DANGEROUS DOG,
VIOLATION
ADDRESS: 1385 MARIPOSA CIRCLE, NAPLES
Exhibits entered by County Staff: Composite Exhibit A - 2 photos
Composite Exhibit B-2 photos
Darcy Andrade, Animal Control Officer testified she was contacted regarding an
incident which occurred on January 11, 2011. She later testified a previous complaint
was filed on the same dog on February 10,2010 where it had bitten another neighbor.
Carmen Nieves, victim, with the assitance of a translator (Jimmie Maestre)
testified:
. She approached the neighbors house to discuss an incident earlier in the day
and offer her the use of an extension cord if she needed electrical power for
lighting.
. When she arrived at the door, and the door was opened by Ms. Kovacs, the
dog came out the door and attacked her.
. She sustained bites to her leg and arm,
. She received medical treatment for the bites.
Ms. Kovacs testified:
. The perpetrator is a Basset Hound.
. The night in question, she had no electricity and the house was dark.
. 1t was 10:00 pm the victim came to the door of the housc.
. When she opened the door, the dog escaped the house through the door and
attacked the victim.
. 1n her opinion, the dog reacted in this manner because the house and yard
were dark, and the dog was protecting its territory.
. She could have provided supporting affadavits on the dog's good behavior,
however, Animal Control Staff informed her it was unnecessary.
. 1n regard to the February 10,2010 incident, the new neighbor startled the
dog and he was defending the territory.
Darcy Andrade testified she canvassed the neighborhood and found there were no
negative reports on the dog's behavior.
The Special Magistrate found the incidents happened on the Respondents property
and the dog was defending its territory. The case will remain on file with Domestic
Animal Services, She recommended the Respondent communicate with Domestic
Animal Services and adopt any and all recommendations to assist in preventing
further incidents.
The County's determination Ms. Kovacs's dog is a "Dangerous Dog" was
overturned.
VI, NEW BUSINESS
9
March 4, 2011
A. Motion for Imposition of Fines
4, CASE NO: CEPM20100004757
OWNER: PAUL-MICHAEL CONROY
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER
22, ARTICLE VI, SECTION 22-231 12(c). OCCUPIED STRUCTURE
WITH INCOMPLETE RE-ROOF.
35775120002
FOLIO NO:
VIOLATION
ADDRESS:
444919TH PL SW, NAPLES
Investigator Mucha presented the case,
The violation has been abated as of 2/23/11.
Special Magistrate Order No,: OR4621/4647 - Page 2409/3258 (Extension)
Fine Amount: $100,00 day
Duration: 2/16/11 - 2/23/11 (8 days)
Total Fine Amount: $800,00
Previously Paid Operational Costs: $112.12
Total Due: $800.00
Paul Michael Conroy testified noted the delay was a result of poor weather.
Investigator Mucha noted Mr. Conroy maintained proper communications with the
County supports Mr. Conroy request to abate the fines.
The Special Magistrate DENIED the Counties motion for imposition offines.
RECESSED: 1:00pm
RECONVENED: 1:10pm
V. PUBLIC HEARINGS - Continued
B. Hearings
11. CASE NO: CESD20100018348
OWNER: PALMIRA MUNOZ
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS
AMENDED, SECTION 10,02,06(B)(I)(a), UNPERMITTED SHED
LOCATED IN THE REAR YARD OF THE PROPERTY,
FOLIO NO: 35774720005
VIOLATION
ADDRESS: 2051 44T11 TER SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/18/11
Date of Original Service: 9/15/1 0
The respondents were not present.
Investigator Mucha presented the case.
Evidence Entered: Exhibit A - 1 photographs
The violation remains,
10
March 4, 2011
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Hire a licensed General Contractor to obtain a Collier County Building
permit and the necessary inspections to permit the structure, or to obtain the
necessary demolition permits and remove the structure on or before April 4,
2011. If the repairs are not made by April 4,2011, 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. 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. Pay the Operational Costs incurred by Code Enforcement during the
prosecution of the case for $112.29 on or before April 4, 2011.
Total Amount Due $112,29
12, CASE NO: CESD20100004761
OWNER: WILNER FRANCOIS AND SANDY ST, FLEUR
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS,
SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE 04-
41, AS AMENDED, SECTION 10.02.06(B)(I)(a). PVC FENCE AROUND
POOL, NEVER CO-ED,
36560840004
FOLIO NO:
VIOLATION
ADDRESS:
2700 44TH ST SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/15/11
Date of Original Service: 4/14/1 0
The respondents were not present.
Investigator Gomez presented the case noting the Respondents obtained a permit,
however the inspection failed as it did not meet requirements for pool enclosures.
Evidence Entered: Composite Exhibit A - 3 photographs
The violation remains.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTYofthe alleged violation and ordered to:
1. Obtain a Collier County Building permit to demolish the fence and obtain a
permit to install afence meeting requirements of Collier County Codes 011
or before April 4, 2011. If the repairs are 1I0t made by April 4,2011, a
II
March 4, 2011
fine of $1 00. 00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
2. 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 requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
3. Pay the Operational Costs incurred by Code Enforcement during the
prosecution of the case for $ll2.47 on or before April 4, 20ll.
Total Amount Due $112.47
17, CASE NO: CESD20100004916
OWNER: SERGIO G. AND PATRICIA SALINAS
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: FLORIDA BillLDING CODE, 2007 EDITION, CHAPTER 1 PERMITS,
SECTION 105.1. EXPIRED PERMIT #2001100506-NEVER CO-ED.
35993680007
FOLIO NO:
VIOLATION
ADDRESS:
2756 47T11 ST SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/15/11
Date of Original Service: 11/30/1 0
The respondents were not present.
Investigator Gomez presented the case,
Evidence Entered: Composite Exhibit A - 3 photographs
The violation remains.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TYofthe alleged violation and ordered to:
1. Obtain a Collier County Building permit and the necessary inspections to
permit the fence, or obtain the necessary demolition permits and remove the
fence on or before April 4, 2011. If the repairs are not made by April 4,
20ll, 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. 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
12
March 4, 2011
owner. 1fnecessary, assistance may be requested from the Collier County
Sheriff's Office to enforce the provisions of the Order.
3. Pay the Operational Costs incurred by CodeEnforcement during the
prosecution of the case for $112.38 on or before April 4, 2011.
Total Amount Due $112.38
C. Emergency Cases
None
VI. NEW BUSINESS - Continued
A. Motion for Imposition of Fines
1. CASE NO: CEPM20100009607
OWNER: DAVID AND PAULINE K. HEALY TR, HEALY FAMILY TRUST UTD
9/1/03
OFFICER: INVESTIGATOR REGGIE SMITH
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTION 22-231(15). POOL
WATER UNMAINTAINED, DARK IN COLOR, AND
STAGNATE/ALGAED,
FOLIO NO: 31055004800
VIOLATION
ADDRESS: 6650 HARWICH CT, NAPLES
Heard under item 1V.C
2, CASE NO: CESD20100003073
OWNER: EDUARDO GONZALES
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS
AMENDED, SECTION 10.02.06(B)(I)(a). UNPERMITTED SHED,
UNPERMITTED GARAGE PARTITION WALLS.
36113960001
FOLIO NO:
VIOLATION
ADDRESS:
2140 48T11 ST SW. NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/16/11
The respondents were not present.
Jeff Letourneau, Code Enforcement Investigative Supervisor presented the case.
The violation has not been abated as of 3/4/11.
Special Magistrate Order No,: OR4647 - Page 3141
Fine Amount: $100.00 day
Duration: 2/15/11 - 3/4/11 (18 days)
Total Fine Amount: $1,800.00
Unpaid Operational Costs: $112.47
Total to Date: $1,912.47
13
March 4, 2011
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
for a total amount due of$1,912.47 with fines continuing to accrue.
3. CASE NO: CEPM20100005355
OWNER: OLGA NIKOLAKOPOULOS
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER
22, BUILDING AND BUILDING REGULATIONS, ARTlCLE VI
PROPERTY MAINTENANCE CODE, SECTlON 22-231(15), POOL
WATER BLACK.
23971640000
FOLIO NO:
VIOLATlON
ADDRESS:
1412 MONARCH CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/16/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has been abated as of December 28,2010.
Special Magistrate Order No,: OR4621 - Page 2536
Fine Amount: $250,00 day
Duration: 10/23/10 - 12/28/10 (67 days)
Total Fine Amount: $16,750.00
Unpaid Abatement Costs: $799.80
Unpaid Operational Costs: $112,20
Total to Date: $17,662.00
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
for a total amount due of $17,662.00 with fines continuing to accrue.
5. CASE NO: CEPM20100017929
OWNER: ALLAN PERDOMO
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER
22, ARTICLE VI, SECTlON 22-231 (12)(1). SCREEN IN THE LANAI IS
TORN, NEEDS TO BE REPAIRED.
36123040005
FOLIO NO:
VIOLATION
ADDRESS:
1990 50TII ST SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/16/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has not been abated as of 3/4/11.
14
March 4, 2011
Special Magistrate Order No.: OR4647 - Page 3147
Fine Amount: $250,00 day
Duration: 1/22/11 - 3/4/11 (41 days)
Total Fine Amount: $10,250,00
Unpaid Operational Costs: $112,56
Total to Date: $10,362.56
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
for a total amount due of $10,362.56 with fines continuing to accrue.
6. CASE NO: CESD20100020024
OWNER: TATlANATANNEHILL
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS
AMENDED, SECTION lO,02,06(B)(1)(a). UNPERMITTED WOOD
CANOPY WITH CONCRETE BLOCK SHRINE IN THE REAR YARD,
35740720000
FOLIO NO:
VIOLATION
ADDRESS:
2121 41 ST TER SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/17/11
Date of Hearing Notice Property/Courthouse Posting: 2/17/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has not been abated as of 3/4/11.
Special Magistrate Order No.: OR4647 - Page 3139
Fine Amount: $200.00 day
Duration: 2/15/11 - 3/4/11 (18 days)
Total Fine Amount: $3,600,00
Unpaid Operational Costs: $112.20
Total to Date: $3,712,20
Fines continue to accrue.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines
for a total amount due of $3,712.20 with fines continuing to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
None
15
. - - ._..~,-_._--_.~-~.~-~,_.~~---"""_...~~.__..-~-_..,_.".
March 4, 2011
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: April 1, 2011 at 9:00 A.M. located at the Collier County
Government Center, 3299 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 1:37 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
da "Gar-r—etson, pecial Magistrate
The Minutes were Approved by the Special Magistrate on
as presented or, as amended
16