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CESM Minutes 04/01/2011 April 1, 2011 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 1, 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: Colleen Davidson, Code Enforcement Administrative Secretary Kerry Adams, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: Aprill, 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 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 A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - March 4, 2011 IV. MOTIONS A. Motion for Extension of Time B. Motion for Continuance C. Motion for Reduction/Abatement of Fines V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: S0173937-CEEX20II0003309 JAMIE A. KHA W AJA DEPUTY SIEGEL CODE OF LAW & ORD., SEe. 130-66 UNLAWFUL AREA ACROSS VANDERBILT GARAGE PR045644-CEEX20II0002096 GREGORY ROBERTS PARK RANGER KURT ARAQUISTAIN CODE OF LAW & ORD., SEe. 130-66 LEAVING VEHICLE PARKED IN PARK AFTER CLOSING SUGDEN REGIONAL PARK CESD20I00021849 JEREMY J. & CARRIE E. OLMSTEAD INVESTIGATOR HEINZ BOX COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b) (104.5.1.4.4). ABANDONED OR SUSPENDED PERMIT. 56570003468 495 CROSSFIELD CIRCLE, NAPLES CEPM20110000018 ADRIANA & JOSE ARIZMENDI INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-243. LANAI DOOR UNSECURED. 36125880001 1991 48TH ST SW, NAPLES CEAU20II0000019 ADRIANA & JOSE ARIZMENDI INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 5.03.02(A). PARTS OF THE FENCE MISSING, NEEDS TO BE REPAIRED. 36125880001 1991 48TH ST SW, NAPLES 2 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEV20100020647 IRIS RODRIGUEZ INVESTIGATOR JAMES KINCAID COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-95. FORD MUSTANG WITH EXPIRED TAG SII 3CT, EXPIRED 4/09, PARKED IN DRIVEWAY. 00440600002 343 BENSON STREET, NAPLES CESD20100021808 FOOD LAND SUPERMARKETSLLC INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)I)(a). THE NORTH SIDE ENTRANCE OF THE STORE WAS ENCLOSED ON THE INTERIOR WITHOUT A PERMIT. 35931160000 11845 COLLIER BLVD, NAPLES CEPM20100007780 LOWELL JOHNSON SR & VIRGINIA JOHNSON INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15) & (12)(i). SCREEN ENCLOSURE AND POOL COVER BADLY DAMAGED. 35987600006 3060 47TH TER SW, NAPLES CESD20100018577 WYNETA THELICE INVESTIGATORRENALD PAUL FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1. UNPERMITTED FENCE. 36320280008 5472 27TH PL SW, NAPLES CESD20110000031 BETTY FREDERICK & KAREN L. DONNADIO INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06 (B)(I)(a). TWO UNPERMITTED SHEDS. 36001560005 2975 45TH ST SW, NAPLES 3 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEV20100022129 MANUEL J. SANCHEZ INVESTIGATORRENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130-96 AND 130-97. WHITE TRAILER PARKED IN THE DRIVEWAY AND A BOAT IN THE DRIVEWAY. 36120720001 4920 21 ST PL SW, NAPLES CEPM20100009970 MOISE & EMMELINE THEGENUS INVESTIGATOR MICHELE MCGONAGLE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(19). VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. 74029001841 2013 ROOKERY BAY DRIVE APT 1204, NAPLES CEAU20100009395 SILVIA DERRICK INVESTIGATOR DANNY CONDOMINA COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 5.03.02(A). FENCE IN DISREPAIR. 62704240007 616 92ND AVE N, NAPLES CEPM20100009396 SILVIA DERRICK INVESTIGATOR DANNY CONDOMINA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i). TWO WINDOWS IN NEED OF REPAIR. ONE WINDOW CRACKED AND HELD TOGETHER BY TAPE. THE OTHER WINDOW BROKEN, COVERED IN DARK PLASTIC MATERIAL 62704240007 616 92ND AVE N, NAPLES CEV20100022124 DAVID N. MAFFEL INVESTIGATORRENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130-95 AND 130-96. VEHICLES ON SITE WITH EXPIRED PLATES AND A W A VERUNNER ON THE SIDEYARD. 36130440009 5015 17TH AVE SW, NAPLES 4 16. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: C. Emergency Cases: VI. NEW BUSINESS CEPM20I00009969 XIMENA B. & JOHN J. LOPEZ INVESTIGATOR MICHELE MCGONAGLE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (19). VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. 74029000703 1981 ROOKERY BAY DRIVE APT. 503, NAPLES CEV20110000762 RENEE PRENTICE INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130- 95, AND THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4.05.03(A). UNLICENSED AND INOPERABLE VEHICLES ON THE PROPERTY AND VEHICLES PARKING ON THE GRASS. 35643480007 4350 22ND AVE SW, NAPLES CEEX20110003641 DANIEL CHERVONY OFFICER PAUL MORRIS COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14, SECTION 14-35. DANGEROUS DOG. KINGS LAKE, BUCKINGHAM LANE, NAPLES A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20I00002536 CHAD A. & CRYSTAL M. SHANNON INVESTIGATOR JAMES KINCAID COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI SECTION 22-231 (15). POOL IN BACK YARD WITH GREEN STAGNATE WATER. 25117600268 6654 CASTLELA WN PLACE, NAPLES 5 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20100003672 CHARLES & GERALDINE BULICZ INVESTIGATOR JONATHAN MUSSE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231, SUBSECTION 15. UNMAINTAINED PRIVATE SWIMMING POOL WITH CONDITIONS CONDUCIVE TO ALGAE GROWTH AND INSECT INFESTATION. 72650004662 2183 CANARY ISLAND COVE, NAPLES CESD20100009592 BAC HOMELOANS SERVICING LP INVESTIGATORRENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a). SHED ON PROPERTY WITH NO PERMITS. 36312520006 2267 51ST TERR SW, NAPLES CEPM20100021110 BAC HOMELOANS SERVICING LP INVESTIGATOR JONATHAN 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 LANE, NAPLES CESD20100019166 TERESO BAUTISTA & EMILIANA LOPEZ VASQUEZ INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4.06.01(D)(I). PLANTED VEGETATION ON THE SOUTHEAST CORNER OF THE PROPERTY IS OBSTRUCTING SIGHT LINES FOR ONCOMING TRAFFIC AT THE INTERSECTION OF 40TH TER SW AND 20TH PL SW. 35776360007 4007 20TH PL SW, NAPLES CEPM20100007875 DENNIS & ROBERTA WOLFE INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22-231 (15). GREEN POOL. 36380720003 2500 55TH STREET SW, NAPLES 6 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CENA20100019164 TODD R. & CYNTHIA MOWRY INVESTIGA TOR 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 DRIVE, NAPLES CEV20100019105 TODD R. & CYNTHIA MOWRY INVESTIGATOR JONATHAN MUSSE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130-95. UNLICENSED P AS SENGER VAN PARKED ON THE PROPERTY. 41828000005 5120 CORAL WOOD DRIVE, NAPLES CEPM20100007797 ROSARION & 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 CEPM20100013252 TROY M. & MICHELLE R. MADDUX INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). WATER GREEN WITH ALGAE. 23946008703 674 LAMBTON LANE, NAPLES CEPM20100003242 ABEL D. & SARA ACCILIO INVESTIGATOR 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 DRIVE, NAPLES 7 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: FOLIO NO: VIOLATION ADDRESS: CEAU20100021493 NAPLES HOMES RENTAL LLC INVESTIGATORRENALD PAUL FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1. UNPERMITTED FENCE. 36121800001 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 4961 21 ST PL SW, NAPLES 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: May 3, 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 April 1, 2011 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. RECESS: 9:15AM RECONVENED: 9:31 AM II. APPROVAL OF AGENDA Colleen Davidson, Code Enforcement Administrative Secretary, noted the following changes to the Agenda: (a) Under Item V.A - Public Hearings - Stipulations - The following cases (listed below as Agenda items): · #7 - Case No. CESD20I00021808 - FOOD LAND SUPERMARKETS LLC . #15 - Case No. CEV20I00022124 - DAVID N. MAFFEL . #11 - Case No. CEV20I00022129 - MANUEL J. SANCHEZ (b) Under Item V.B - Public Hearings - Hearings - The following cases were withdrawn by the County, (listed below as Agenda items): . # 6 - Case No. CEV20I00020647 - IRIS RODRIGUEZ · #16 - Case No. CEPM20I00009969 - XIMENA B. & JOHN J. LOPEZ · #17 - Case No. CEV20110000762 - RENEE PRENTICE (c) Under Item V.c. - Public Hearings - Emergency Cases - The following case was added, (listed below as Agenda item) . #1 - Case No. CEPM20110003003 - ESTEBAN HERNANDEZ (d) Under Item VI.A - New Business - Motion for Imposition of Fines - The following cases were withdrawn by the County, (listed below as Agenda items): · #11- Case No. CEPM20I00003242 - ABEL D. & SARA ACCILIO The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES - March 4, 2011 The Minutes of the Special Magistrate Hearing held on March 4, 2011 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Extension of Time None B. Motion for Continuance None C. Motion for Reduction/Abatement of Fines None 2 April 1, 2011 V. PUBLIC HEARINGS A. Hearings 2. CASE NO: OWNER: OFFICER: VIOLATIONS: CLOSING VIOLATION ADDRESS: SUGDEN REGIONAL PARK PR045644-CEEX20110002096 GREGORY ROBERTS PARK RANGER KURT ARAQUISTAIN CODE OF LAW & ORD., SEe. 130-66 - LEAVING VEHICLE PARKED IN PARK AFTER The Respondent's representative Nico Vitale was present. The Investigative Officer - Kurt Araquistain was not present. Mr. Vitale moved to dismiss the case. The Special Magistrate GRANTED Mr. Vitale's Request to dismiss case No. PR045644- CEEX20110002096 - Gregory Roberts. B. Stipulations 7. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20100021808 FOODLANDSUPERMARKETSLLC 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. FOLIO NO: 35931160000 VIOLATION ADDRESS: 11845 COLLIER BLVD, NAPLES The Hearing was requested by Code Enforcement Investigator Joseph Mucha who was present. A Stipulation was entered into by the Respondent's representative, JD. Verderamo March 31, 2011. Investigator Mucho outlined the terms ofthe Stipulation. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Obtain all applicable permits, inspections, and Certificates of Completion/Occupancy for described improvements made, or for the removal of the described improvements and restore to a permitted state on or before June 1,2011, or afine of $200. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 2. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 3. Pay the Operational Costs of $112. 03 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.03 15. CASE NO: OWNER: OFFICER: CEV20100022124 DAVID N. MAFFEL INVESTIGATOR RENALD PAUL 3 April 1, 2011 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130-95 AND 130-96. VEHICLES ON SITE WITH EXPIRED PLATES AND A W A VERUNNER ON THE SIDEYARD. FOLIO NO: 36130440009 VIOLATION ADDRESS: 5015 17TH AVE SW, NAPLES The Hearing was requested by Code Enforcement Investigator Renauld Paul who was present. The Respondent, David N. Maffei was present. A Stipulation was entered into by the Respondent's David N Maffei on April 1, 2011. Investigator Paul outlined the terms of the Stipulation Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain and aflX a valid license plate to each vehicle, or store the vehicles in a completely enclosed structure, or remove the offending vehicles from a residentially zoned property by April 8, 2011. If the violation is not abated by April 8, 2011 afine of $50. 00 per day will be imposed for each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 2. Remove recreational vehiclefrom the property, or store in the backyard of the property, or in a garage (in an enclosed structure) by April 4, 2011 or afine of $50. 00 per day will be imposed for each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. 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. 4. Pay the Operational Costs of$112.47 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.47 11. CASE NO: OWNER: OFFICER: VIOLATIONS: CEV20100022129 MANUEL J. SANCHEZ INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130-96 AND 130-97. WHITE TRAILER PARKED IN THE DRIVEWAY AND A BOAT IN THE DRIVEWAY. FOLIO NO: 36120720001 VIOLATION ADDRESS: 4920 21 ST PL SW, NAPLES The Hearing was requested by Code Enforcement Investigator Renauld Paul who was present. The Respondent was represented by Manuel J. Sanchez. A Stipulation was entered into by the Respondent Manuel J Sanchez on April 1, 2011. Investigator Paul outlined the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Remove, store in backyard (concealedfrom view), or garage (in an enclosed strucutre) any and all commercial vehicles at the property by April 4, 2011 or a fine of $1 00.00 per day 4 April 1, 2011 will be imposed for each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 2. Remove, store in backyard, or garage (in an enclosed structure) any and all recreational vehicles at the property by April 4, 2011 or 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. 3. 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. 4. Pay the Operational Costs of$112.29 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.29 C. Emergency Cases 1. Case No. CEPM20110003003 OWNER: ESTEBAN HERNANDEZ OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: VIOLATION OF ORDINANCE(S): COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231 (2), (11), (12), (19), (20), (l2)(b) (12(h), (12)(i) FOLIO NO: 66221120004 VIOLATION ADDRESS: 701 E. DELAWARE AVE, IMMOKALEE, FL 34142 The Respondent was not present. Investigator Snow presented the case. Evidence Entered: Composite Exhibit A - 8 Photos dated 3/7/11 (Interior of Structure) Composite Exhibit B - Criminal Record of Individual residing on premise (Carlisle Mclain) Composite Exhibit C - Photos dated 3/7 /11 (Exterior of Structure) Collier County Sheriff Corporal Mike Taylor testified the mobile home is in delapidated condition with no running water or electricity. In addition, the structure is the site of criminal activity. Mr. Snow testified the mobile home has numerous property violations on the interior and exterior of the structure/building causing a health and safety issue to the community. The structure is currently unsecured and in severe condition of disrepair. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain a valid Collier County Building permit to complete all necessary repairs required to bring the structure into compliance with codes and complete all inspections required for issuance of a Certificate of Completion. Restore water and electrical to the property for the duration of any habitation, maintain the structure in a sanitary condition and eliminate the blighting condition of the interior and exterior of the property as currently exists on or before April 6, 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, or; 5 April 1, 2011 2. Obtain a valid Collier County Demolition permit to demolish the structure and complete the related inspections for issuance of a Certificate of Completion and remove all associated refuse associated with said demolition to a site suitable for disposal of the refuse on or before April 6, 2011 or afine $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. 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 for demolition of the structure and removal of said debris to an acceptable site and may assess the costs to the property owner. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 4. Pay the Operational Costs of $112. 64 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.64 A. Hearings (Continued) 12. CASE NO: CEPM20100009970 OWNER: MOISE & EMMELINE THE GENUS OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (19). VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. FOLIO NO: 74029001841 VIOLATION ADDRESS: 2013 ROOKERY BAY DRIVE APT 1204, NAPLES The respondents were present. Investigator Mcgonagle presented the case.-. Original date of service - 8/13/10. Esmond Lewis, Attorney represented the Respondents. Evidence Entered: Composite Exhibit A - 4 photos dated 7/27/1 0 Composite Exhibit B - 4 photos dated 3/22/11 Investigator Mcgonagle testified the interior of the residence is severly compromised by mold. She did not determine the cause of the mold damage. Mr. Lewis testified the unit was in the foreclosure process when the mortgage holder dismissed the foreclosure case returning the title to the Respondents. The damage occurred during the foreclosure proceedings, possibly caused by a leaking water pipe from the unit above. The Respondents unit was vacant at the time of the leak. There are ongoing disucssions on which party is responsible to complete the necessary repairs (the condominium association, private insurance claims, etc.). He requested a continuance in the case to determine the party responsible to abate the violation. Investigator Mcgonagle requested the County move forward with the hearing today and recommends the Respondents: 1. Obtain a valid Collier County Building permit and complete all required inspections for a Certificate of Occupancy and Certificate of Completion to make the unit habitable on or before May 1,2011, or afine of $250. 00 per day will be imposedfor each day the violation 6 April 1, 2011 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 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. 3. Pay the Operational Costs of$112.56 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Mr. Lewis requested the Special Magistrate order the mold remediated, however not require the unit be made "habitable" until the issue of responsibility is resolved. The time frame for completion be May 21,2011 with the fine for non compliance in the amount of$100.00 day for each day thereafter the Order is not complied with. Investigator Mcgonagle did not object to the request, however recommended the remediation be completed by a Licensed Contractor. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain a valid Collier County Demolition Permit and engage a Licensed Contractor to complete all necessary actions to remediate the mold and obtain the necessary inspections to ensure compliance with the Order. Following remediation, the unitto be maintained in a sanitary condition (as opposed to "habitable''). Said actions to be completed on or before April 18, 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. 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 Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid- out and may assess the costs to the property owner. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 3. Pay the Operational Costs of $112. 56 incurred by Code Enforcement during the prosecution of the case on or before June 1,2011. Total Amount Due: $112.56 18. CASE NO: OWNER: OFFICER: VIOLATIONS: CEEX20110003641 DANIEL CHERVONY OFFICER PAUL MORRIS COLLIER COUNTY CODE OF ORDINANCES, CHAPTER 14, SECTION 14-35. DANGEROUS DOG. VIOLATION ADDRESS: KINGS LAKE, BUCKINGHAM LANE, NAPLES Date of Hearing Notice by Certified Mail: 3/17/11 Date of Hearing Notice Property/Courthouse Posting: 3/16/11 The respondents were present - Daniel Chervony/Carolina Farinachi Investigator Officer Morris presented the case. Evidence Entered: Exhibit A - Photo dated 2/25/11 depicting injuries sustained by Mary Maycheck (the victim) 7 April 1, 2011 Exhibit B - Photo dated 2/24/11 taken by Officer Morris depicting injuries sustained by the (victim). Exhibit C -Photo of the dog named Bullseye (the perpetrator) Investigator Morris noted: . The incident occurred on February 23,2011 when the victim was attacked by the dog Bullseye (the perpetrator.) . She was walking down the street when the dog crossed the street and attacked her. . Witness John Vogrin submitted an affadavit on the incident. . Following the investigation, the County determined Bullseye should be deemed a "Dangerous Dog." Mary Maycheck, the vicitim testified: . She was walking down the street when the dog crossed the street and attacked her causing substantial injuries to here arm. . She did not provoke the dog. . Passerbys had to intervene and physically remove the dog to stop the attack. Daniel Chervony/Carolina Farinachi owners of the dog testified: . The dog is a puppy, 13 - 14 weeks old, weighing approximately 18 pounds. . On the day of the incident, he escaped his confines. . He is a playful dog and they speculate he did not know he was intentionally causing injuries to the victim. . The dog resides with children and an elderly women has not displayed signs of agression. . They are in possession of a letter from their veterinarian indicating he did not display signs of agressions during a visit (admitted as Respondents Exhibit A). . They are in the process of arranging professional training for the dog. . Due to the circumstances surrounding the incident, they are appealing the determination by the County the dog should be deemed a "Dangerous Dog," and questioned if the appeal is denied, could be reviewed after 1 year. The Special Magistrate noted the Ordinance does not contain standards for placing a dog on "probation." The Special Magistrate found, given the parameters of the incident, the dog meets the criteria in the Ordinance of a Dangerous Dog. The appeal was denied. RECESS: 11:20 AM RECONVENED: 11:39 AM 1. CASE NO: OWNER: OFFICER: VIOLATIONS: S0173937-CEEX20110003309 JAMIE A. KHAWAJA DEPUTY SIEGEL CODE OF LAW & ORD., SEe. 130-66 UNLAWFUL AREA VIOLATION ADDRESS: ACROSS VANDERBILT GARAGE Date of Hearing Notice by certified mail: 3/17111 The respondent was not present. Deputy Siegel presented the case. 8 Aprill,2011 Evidence Entered: Exhibit A - Photo dated 2/25/11 depicting the parking violation. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a Fine of $30.00, Operational Costs of $50. 00 and Investigative Fee of $5. 00 by May 1,2011. Total Due: $85.00 3. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20100021849 JEREMY J. & CARRIE E. OLMSTEAD INVESTIGATOR HEINZ BOX COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b) (104.5.1.4.4). ABANDONED OR SUSPENDED PERMIT. FOLIO NO: 56570003468 VIOLATION ADDRESS: 495 CROSSFIELD CIRCLE, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/16/11 The respondents were not present. Investigator Box presented the case. Evidence Entered: Composite Exhibit A - 3 photos dated 12/14/10 Exhibit B - Copy of previously issued building permit on 9/19/05 expiring 3/19/06 As of 4/1/11 the violation remains with failed inspections uncorrected for electrical and plumbing. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain a valid Collier County Building, all required inspections and a Certificate of Completion for permit 2005 - 073209 on or before August 1,2011, or afine of $200. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate, or; 2. Obtain all necessary demolition permits and inspections required to remove the permitted improvement and restore the structure to its original condition on or before August 1,2011 or afine of $200. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate, 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 4. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.20 4. CASE NO: OWNER: OFFICER: CEPM20110000018 ADRIANA & JOSE ARIZMENDI INVESTIGATOR RENALD PAUL 9 Apri11,2011 VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-243. LANAI DOOR UNSECURED. FOLIO NO: 36125880001 VIOLATION ADDRESS: 199148TH ST SW, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Investigator Paul presented the case. Evidence Entered: Composite Exhibit A - 3 photos As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Take all necessary steps to secure the property as required under Collier County Ordinances on or before April 8, 2011, or afine of $200. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 2. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 3. Pay the Operational Costs of $112.29 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.29 5. CASE NO: OWNER: OFFICER: VIOLATIONS: CEAU20110000019 ADRIANA & JOSE ARIZMENDI INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 5.03.02(A). PARTS OF THE FENCE MISSING, NEEDS TO BE REPAIRED. FOLIO NO: 36125880001 VIOLATION ADDRESS: 199148TH ST SW, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Investigator Paul presented the case. Evidence Entered: Composite Exhibit A- 2 photos As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Repair the fence to meet the requirements of Collier County Codes on or before April 18, 2011. If the repairs are not made by April 18, 2011, a fine of $1 00.00 per day will be 10 April 1, 2011 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 of $112.38 incurred by Code Enforcement during the prosecution of the case on or before May 1, 2011. Total Due: $112.38 8. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100007780 LOWELL JOHNSON SR & VIRGINIA JOHNSON INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15) & (12)(i). SCREEN ENCLOSURE AND POOL COVER BADLY DAMAGED. FOLIO NO: 35987600006 VIOLATION ADDRESS: 3060 47TH TER SW, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Investigator Gomez presented the case. Evidence Entered: Composite Exhibit A - 3 photos dated 6/3/1 0 Composite Exhibit B - Photos dated 3/31/11 As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Chemically treat the pool water to kill the algae and provide bi weekly treatments to maintain clean pool water andfiltration system on or before April 8, 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 April 8, 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. 3. Obtain all Collier County Building permits and related inspections for repair of the pool cage structure on or before May 1, 2011 or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. 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. 5. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. 11 April1,2011 Total Amount Due: $112.38 9. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20I00018577 WYNET A THELICE INVESTIGATOR RENALD PAUL FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1. UNPERMITTED FENCE. FOLIO NO: 36320280008 VIOLATION ADDRESS: 5472 27TH PL SW, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Investigator Paul presented the case. Evidence Entered: Exhibit A - 1 photos dated 12/3/1 0 As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain a Collier County Building permits and related inspections and Certificates of Completion to permit thefence on or before May 1,2011 or obtain all necessary Collier County Demolition permits to remove thefence on or before May 1,2011 or afine of $100.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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 of$112.20 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Due: $112.20 10. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20110000031 BETTY FREDERICK & KAREN L. DONNADIO INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06 (B)(I)(a). TWO UNPERMITTED SHEDS. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45TH ST SW, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Investigator Gomez presented the case. Evidence Entered: Composite Exhibit A - Photos dated 1/4/11 Composite Exhibit B - Photos dated 3/31/11 12 April 1, 2011 As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served the Respondent was found GUILTY of the alleged violation and ordered to: 1. Obtain a valid Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion to permit, or remove the structures on or before May 1,2011, or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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 Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid- out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 3. Pay the Operational Costs of $112.3 8 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Amount Due: $112.38 13. CASE NO: OWNER: OFFICER: VIOLATIONS: CEAU20100009395 SILVIA DERRICK INVESTIGATOR DANNY CONDOMINA COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 5.03.02(A). FENCE IN DISREPAIR. FOLIO NO: 62704240007 VIOLATION ADDRESS: 616 92ND AVE N, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/16/11 The respondents were not present. Investigator Condomina presented the case. Evidence Entered: Exhibit A - Photo dated 7/12/1 0 Exhibit B - Photo dated 2/11/11 As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Repair the fence to meet the requirements of Collier County Codes on or before April 8, 2011 or obtain a Collier County Demolition permit to remove the fence and dispose of in a proper manner on or before April 8,2011 or afine of $1 00. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. 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. 4. Pay the Operational Costs of $112.64 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Due: $112.64 13 April 1, 2011 14. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100009396 SILVIA DERRICK INVESTIGATOR DANNY CONDOMINA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i). TWO WINDOWS IN NEED OF REPAIR. ONE WINDOW CRACKED AND HELD TOGETHER BY TAPE. THE OTHER WINDOW BROKEN, COVERED IN DARK PLASTIC MATERIAL FOLIO NO: 62704240007 VIOLATION ADDRESS: 616 92ND AVE N, NAPLES Date of Hearing Notice by certified mail: 3/17/11 Date of Heating Notice Property/Courthouse Posting: 3/16/11 The respondent was not present. Investigator Condomina presented the case. Evidence Entered: Composite Exhibit A - 4 Photos dated 3/4/11 As of 4/1/11 the violation remains. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Obtain a valid Collier County Building Permits, all required inspections and a Certificate of Completion to restore the windows to a permitted condition on or before April 15, 2011, or afine of $200. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or; 2. Obtain a Collier County "Boarding Certificate" and "board" the windows on or before April 15, 2011 and subsequently restore the windows to a permitted condition (as specified in condition #1) on or before August 1,2011, or afine of $250. 00 and per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. 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 Respondent. If necessary, assistance may be requested from the Collier County SherifFs Office to enforce the terms of the Stipulation. 4. Pay the Operational Costs of $112. 56 incurred by Code Enforcement during the prosecution of the case on or before May 1,2011. Total Due: $112.56 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20100002536 OWNER: CHAD A. & CRYSTAL M. SHANNON OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI SECTION 22-231 (15). POOL IN BACK YARD WITH GREEN STAGNATE WATER. FOLIO NO: 25117600268 VIOLATION ADDRESS: 6654 CASTLELAWNPLACE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/16/11 14 April 1, 2011 The respondents were not present. Investigator Kincaid presented the case. The violation has been abated as of 1/7/11. Special Magistrate Order No.: OR4597 - Page 1001 Fine Amount: $250.00 day Duration: 8/10/10 - 1/7/11 (151 days) Total Fine Amount: $37,750.00 Unpaid Abatement Costs: $646.00 Unpaid Operational Costs: $112.20 Total to Date: $38,508.20 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $38,508.20. Said amount to become a lien on the property. 2. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100003672 CHARLES & GERALDINE BULICZ INVESTIGATOR JONATHAN MUSSE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231, SUBSECTION 15. UNMAINTAINED PRIVATE SWIMMING POOL WITH CONDITIONS CONDUCIVE TO ALGAE GROWTH AND INSECT INFESTATION. FOLIO NO: 72650004662 VIOLATION ADDRESS: 2183 CANARY ISLAND COVE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/11/11 The respondents were not present. Jeff Letourneau, Code Enforcement Supervisor presented the case. The violation has been abated as of 1/19/11. Special Magistrate Order No.: OR 4621 - Page 2539 Fine Amount: $250.00 day Duration: 10/23/10 - 1/19/11 ( 89 days) Total Fine Amount: $22,250.00 Unpaid Abatement Costs: $1,035.50 Unpaid Operational Costs: $112.38 Total to Date: $23,397.88 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$23,397.88. Said amount to become a lien on the property. 3. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20100009592 BAC HOMELOANS SERVICING LP INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a). SHED ON PROPERTY WITH NO PERMITS. FOLIO NO: 36312520006 VIOLATION ADDRESS: 2267 51 ST TERR SW, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. 15 April 1, 2011 Supervisor Letourneau presented the case. The violation has not been abated as of 4/1/11. Special Magistrate Order No.: OR 4635- Page 822 Fine Amount: $100.00 day Duration: 3/4/11 - 4/1/11 (29 days) Total Fine Amount: $2,900.00 Paid Operational Costs: $112.47 Total to Date: $2,900.00 Fines continue to accrue. The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $2, 900. 00 with fines continuing to accrue. 4. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100021110 BAC HOMELOANS SERVICING LP INVESTIGATOR JONATHAN 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. FOLIO NO: 68642520003 VIOLATION ADDRESS: 13101 BALD CYPRESS LANE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/11111 The respondents were not present. Supervisor Letourneau presented the case. The violation has been abated as of 3/30/11. Special Magistrate Order No.: OR4654 - Page 2453 Fine Amount: $250.00 day Duration: 3/5/11 - 3/30/11 (26 days) Total Fine Amount: $6,500.00 Unpaid Operational Costs: $112.29 Total to Date: $6,612.29 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $6, 612.29 Said amount to become a lien on the property. 5. CASE NO: OWNER: OFFICER: VIOLATIONS: CESD20100019166 TERESO BAUTISTA & EMILIANA LOPEZ VASQUEZ INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4.06.01(D)(1). PLANTED VEGETATION ON THE SOUTHEAST CORNER OF THE PROPERTY IS OBSTRUCTING SIGHT LINES FOR ONCOMING TRAFFIC AT THE INTERSECTION OF 40TH TER SW AND 20TH PL SW. FOLIO NO: 35776360007 VIOLATION ADDRESS: 4007 20TH PL SW, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/11111 The respondents were not present. 16 April 1, 2011 Supervisor Letourneau presented the case. The violation has been abated as of2/16/11. Special Magistrate Order No.: OR4647 - Page 3472 Fine Amount: $100.00 day Duration: 1/22/11 - 2/16/11 (26 days) Total Fine Amount: $2,600.00 Unpaid Operational Costs: $112.29 Total to Date: $2,712.29 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $2,712.29. Said amount to become a lien on the property. 6. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100007875 DENNIS & ROBERTA WOLFE INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22-231 (15). GREEN POOL. FOLIO NO: 36380720003 VIOLATION ADDRESS: 2500 55TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Supervisor Letourneau resented the case. The violation has been abated as of 2/1 0/11. Special Magistrate Order No.: OR 4635- Page 814 Fine Amount: $250.00 day Duration: 12/11/10 - 2/10/11 (62 days) Total Fine Amount: $15,500.00 Unpaid Abatement Costs: $641.60 Unpaid Operational Costs: $112.56 Total to Date: $16,254.16. The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $16,254.16. Said amount to become a lien on the property. 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 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. FOLIO NO: 41828000005 VIOLATION ADDRESS: 5120 CORAL WOOD DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/11111 The respondents were not present. Supervisor Letourneau presented the case. The violation has been abated as of2/16/11. 17 April 1, 2011 Special Magistrate Order No.: OR 4654- Page 2471 Fine Amount: $100.00 day Duration: 2/12/11 - 2/16/11 (5 days) Total Fine Amount: $500.00 Unpaid Operational Costs: $112.20 Total to Date: $612.20 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$612.20. Said amount to become a lien on the property. 8. CASE NO: OWNER: OFFICER: VIOLATIONS: CEV20100019105 TODD R. & CYNTHIA MOWRY INVESTIGATOR JONATHAN MUSSE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130-95. UNLICENSED PASSENGER VAN PARKED ON THE PROPERTY. FOLIO NO: 41828000005 VIOLATION ADDRESS: 5120 CORAL WOOD DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/11/11 The respondents were not present. Supervisor Letourneau presented the case. The violation has been abated as of2/16/11. Special Magistrate Order No.: OR4654 - Page 2457 Fine Amount: $50.00 day Duration: 2/8/11 - 2/16/11 (9 days) Total Fine Amount: $450.00 Unpaid Operational Costs: $112.12 Total to Date: $562.12 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$562.12. Said amount to become a lien on the property. 9. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100007797 ROSARION & 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. FOLIO NO: 36373880002 VIOLATION ADDRESS: 2797 53RD TERR SW, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Supervisor Letourneau presented the case. The violation has not been abated as of 4/1/11. Special Magistrate Order No.: OR 4654- Page2455 Fine Amount: $250.00 day Duration: 2/12/11 - 4/1/11 (49 days) Total Fine Amount: $12,250.00 Unpaid Operational Costs: $112.38 18 Aprill,2011 Total to Date: $12,362.38 Fines continue to accrue. The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $12,362.38 with fines continuing to accrue. 10. CASE NO: OWNER: OFFICER: VIOLATIONS: CEPM20100013252 TROY M. & MICHELLE R. MADDUX INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). WATER GREEN WITH ALGAE. FOLIO NO: 23946008703 VIOLATION ADDRESS: 674 LAMB TON LANE, NAPLES Date of Hearing Notice by Certified Mail: 3/18/11 Date of Hearing Notice Property/Courthouse Posting: 3/14/11 The respondents were not present. Supervisor Letourneau presented the case. The violation has been abated as of 12/30/10. Special Magistrate Order No.: OR4621 - Page 2542 Fine Amount: $250.00 day Duration: 10/23/10 - 12/30/10 (69 days) Total Fine Amount: $17,250.00 Unpaid Abatement Costs: 868.00 Unpaid Operational Costs: $112.20 Total to Date: $18,230.20 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$18,230.20. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: Colleen Davidson submitted a Motion to Rescind the following case: 1. 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: 496121sT PL SW, NAPLES 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. 19 None April I, 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 X. NEXT MEETING DATE: May 3, 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 12:47 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING I The Minutes wetiapproved by the Special Magistrate on :5 - ~ ~ I J as presented L, or as amended . 20