CESM Minutes 06/04/2010
June 4, 2010
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 4,2010
LET IT BE REMEMBERED that the Collier County Special Magistrate, having
conducted business herein, met on this date at 9:00 AM in REGULAR SESSION
in Administrative Building "F," 3rd floor, Collier County Government Complex,
Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLL.IER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: .June 4, 2010 at 9:00 A.M.
LOCATION: Collier County Government Center, 3301 East Tamiami Trail. Building F, 3.-d 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. NEI'fHER 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 - May 7, 2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Extension of Time
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090017229
PALM LAKE LLC
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22.2)], SUBSECTIONS 4,8,9, 12i, 120, 12p, J 9, and 20. MOBILE HOME BEING
USED FOR RENTAL PURPOSES THAT IS MAINTAINED IN POOR CONDITION.
61842240009
3131 TAMIAMI TRAIL, #3, NAPLES, FL 34112
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA nON
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PR044935-CE EX201 00006542
FRANCIS J. DOLGE
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LA W & ORD., SEe. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
BAREFOOT BEACH ACCESS 170 BAREFOOT BEACH BLVD
PR044953.CEEX20100006823
JOHN & DOMENICA FITZGERALD
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LA W & ORD., SEC. ] 30-66
FAILURE TO PROPERLY AFFIX BEACH PERMIT STICKER
BAREFOOT BEACH ACCESS 170 BAREFOOT BEACH BLVD
CEV20100003409
FIDELA PENA
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04.4], AS AMENDED, SECTION
2.01.00(A) TWO VEHICLES BEING STORED ON THE PROPERTY WITH EXPIRED
LICENSE PLATES.
35772280000
419619111 AVE SW, NAPLES
CEPM20100003285
JOHN KOLAK
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22.231 ( 15) PRIVATE SWIMMING POOL NOT MAINTAINED. PRESENTING UNSIGHTLY
APPEARANCE, WATER STAGNATE, POLLUTED WITH CONDITIONS CONDUCIVE TO
INSECT INFESTATION.
72650003346
1372 ARECA CV, NAPLES
CELU20080002154
MD INVESTMENT PARTNERS LLC
INVESTIGA TOR HEINZ BOX
PROHIBITED USE COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I AS
AMEN DED, SECTION I 0.02.03(B)(5). UNPERMITI'ED SHED AT THIS LOCATION.
77020002901
2187 TRADE CENTER WAY, UNIT 1, NAPI.ES
2
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20090013071
EDWARD A. & PAULA L. KALJLBARS
INVESTIGA TOR JOHN CONNETTA
COLLIER COUNTY LA WS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15). POOL IS GREEN IN COLOR, STAGNATE AND NOT PROPERLY
MAINTAINED.
74901001448
] 579 WHISPERING OAKS CIRCLE, NAPLES
CEPM20100003306
VANESSA L. CURLEY-FRIEDLAND
INVESTIGA TOR RON MARTINDALE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS. ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-23]( 15) FAILlJRE TO MAINTAIN PRIVATE SWIMMING POOL.
59940900046
5181 MAHOGANY RIDGE DRIVE, NAPLES
CEV20100006190
ERNEST J. V ALDASTRI
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.0 I.OO(A) RECURRING VIOLATION OF INOPERABLE AND UNLICENSED VEHICLES
PARKED/STORED ON RESIDENTIAL PROPERTY.
49532360004
30 CREEK CIRCLE, NAPLES
CENA20100006202
ERNEST J. V ALDASTRI
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54.]79 AND
SECTION 54-181. RECURRING VIOLA nON OF LrITER CONSISTING OF BUT NOT
LIMITED TO: PLASTIC BOTTLES. CANS, TOOLS, TIRES. AUTOMOTIVE PARTS.
495323600(}4
3(} CREEK CIRCLE, NAPLES
CEV20100006250
ERNEST J. V ALDASTRI
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.01.00(8) RECURRING VIOLATION OF RECREATIONAL VEHICLES NOT CORRECTLY
PARKED/STORED ON RESIDENTIAL PROPERTY AND IN THE COUNTY RIGHT OF
WAY.
49532360004
30 CREEK CIRCLE, NAPLES
3
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
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:
CESD20090011816
ABRAHAM VEITIA & LESA MARIA PEREZ
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4], AS AMENDED, SECTION
10.02.06(B)(I)(a). ENCLOSING LANAI AND EXTENDING THE LANAI WITH NO
PERMITS.
36245560007
1848 52ND TERR SW, NAPLES
CEPM2009000037S
PRIMITIVO LARA
INVESTIGATOR RENALD PAUL
COLLIER COUNTY ORDINANCE 2004.58, SECTION 12
HAZARDOUS AND DANGEROUS BUILDING. BUILDING SUSTAINED SEVERE
DAMAGE DUE TO FIRE CAUSING UNSAFE AND DANGEROUS CONDITIONS.
36452720009
5020 27TII PL SW, NAPLES
CEPM2009001S776
ALEXANDER & JOANKA C. DlAZ DOMINGUEZ
INVESTlGA TOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22.231 (12)(\). POOL IN DISREPAIR, ALSO GREEN WATER AND ITEMS IN
WATER.
62635080006
669 9911i AVE N, NAPLES
CEPM20090008163
JOSEPH H. DEROMA, LIVING TRUST
INVESTIGATOR JOHN SANTAFEMIA
COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-23 L SUBSECTIONS 12b, AND 12p. STRUCTURE THAT HAS EXTERIOR
SIDING IN DETERIORATED CONDITION AND VACANT RENTAL UNIT THAT NEEDS
INTERIOR FLOORING REPLACED.
62769800000
83696111 ^ VE N. UNIT B, NAPLES
4
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOIArIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEV200900 15983
TIMOTHY S. NELSON
INVESTIGA TOR AZURE SORRELS
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
2.01.00(A) UNLICENSED BOAT TRAILER STORED IN REAR OF PROPERTY.
22623200003
3461 VERITY LN, NAPLES
CENA20090015974
TIMOTHY S. NELSON
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54.179 AND
54- 181. LITTER ON PROPERTY CONSISTING OF Bur NOT LIMITED TO; PROPANE
TANK, GAS CANS, CHEMICAL CONTAINERS, PAINT BUCKETS, SPRAY CANS,
TABLETOP, PLASTIC TAR!>, COOLER, STACKS OF FLOORING TILE, BROOM,
CLOTHING, GRIl.l., PAno CHAIRS, GENERAL TRASH SCATTERED THROUGHOUT
PROPERTY.
22623200003
3461 VERITY LN, NAPLES
2007110041
JOSE A. ORTEGA
INVESTICjATOR THOMAS KEEGAN
COLLIER COUNTY ORDINANCE 2004-41, AS AMENDED, SECTION 2.0 l.OO(A).
UNLICENSED/INOPERABLE VEHICLES PARKED IN RESIDENTIAL AREA.
61840440209
3085 KAREN DR, NAPLES
2007100198
.JOSE A. ORTEGA
INVESTIGATOR THOMAS KEEGAN
COLLIER COUNTY ORDINANCE 2004-41, AS AMENDED. SECTION 2.01.00(A).
I~I~SPONDENT FAt LED TO OBTAIN AND AFFIX A CURRENT LICENSE PLATE TO
EACH VEHICLE NOT STORED IN THE CONFINES OF A COMPLETELY ENCLOSED
STRUCTURE, OR STORE SAME WITHIN A COMPLETELY ENCLOSED STRUCTURE, OR
REMOVE OFFENDING VEHICLES FROM A RESIDENTIALLY ZONED AREA.
61839840001
3107 KAREN DR, NAPLES
2007110023
JOSE A. ORTEGA
INVESTIGATOR THOMAS KEEGAN
COLLIER COUNTY ORDINANCE 2004-41 AS AMENDED, SECTION 2.01 .OO(A).
UNLICENSED/INOPERABLE VEHICLES PARKED IN RESIDENTIAL AREA.
61840440102
3069 KAREN DR, NAPLES
5
VII. OLD BUSINESS
VIII. CONSENT AGENDA
A. Request to Forward Cascs 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: July 16, 2010 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
6
June 4,2010
I. CALL TO ORDER
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 Officer(s) for a
Resolution by Stipulation. The goal is to obtain compliance without being
punitive.
RECESS: 9:15 AM
RECONVENED: 9:30 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item IV, "Motions," the following category was ADDED:
"c. Motion for Continuance"
. Agenda #8, Case #CEV 20100006190 - BeC vs. Ernest J. Valdastri
. Agenda #9, Case #CENA 20100006202 - BCC vs. Ernest J. Valdastri
. Agenda #10, Case #CEV 20100006250 - BCC vs. Ernest J. Valdastri
(b) Under Item V (A), "Public Hearings," a STIPULA TION was reached in the
following case:
. (originally added under Item V(C), "Emergency Cases")
Agenda #1, Case #CESD 20100007518 - BCC vs. An Trinh/Maria Nguyen
(c) Under Item V (B), "Hearings," the following cases were WITHDRA WN by the
County:
. Agenda #2, Case #PR 044953 - CEEX 20100006823 - BCC vs, John &
Domenica Fitzgerald
. Agenda #3, Case #CEV 20100003409 - BCC vs. Fidela Pena
(d) Under Item VI (A), "Motion for Imposition of Fines," the following case was
WITHDRA WN by the County:
. Agenda #3, Case #CEPM 20090015776 - BCC vs. Alexander & Joanka C.
Diaz Dominguez
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course of the Hearing at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES - May 7, 2010
The Minutes of the Special Magistrate Hearing held on May 7,2010 were reviewed by
the Special Magistrate and approved as submitted.
2
June 4,2010
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines: None
B. Motion for Extension of Time:
1. Case #CEPM 20090017229 - BCC vs. Palm Lake. LLC
The Hearing was requested by the Respondent who was represented by Attorney
Louis Erickson.
Collier County Code Enforcement Property Maintenance Special Joe Mucha was also
present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 4,8,9, 121, 120, 12P, 19, and 20.
Mobile home being used for rental purposes that is maintained in poor
condition.
Folio No: 61842240009
Violation address: 3131 Tamiami Trail, #3, Naples, FL 34112
Attorney Erickson stated the Respondent was in the process of evicting the resident of
the mobile home park and the situation should be resolved within the next ninety
days.
Investigator Mucha stated the County did not object to granting an Extension of Time.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of
Time and requested Investigator Mucha to apprise Code Enforcement if the case
should be rescheduled.
C. Motion for Continuance:
8. Case #CEV 20100006190 - BCC vs. Ernest J. Valdastri
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Carol Sykora was present.
Violations: Collier County Land Development Code 04-41, as amended,
Section 2.01.00(A)
Recurring violation of inoperable and unlicensed vehicles parked/stored
on residential property.
Folio No.: 49532360004
Violation address: 30 Creek Circle, Naples
The Special Magistrate noted the Respondent requested a Continuance to the July 16th
Docket for the present case and also for Agenda #9, Case #CENA 20100006202, and
Agenda #10, Case #CEV 201 00006250.
Investigator Sykora stated the County would not object to a Continuance.
3
June 4, 2010
The Special Magistrate GRANTED the Respondent's Motion for a Continuance to
July 16,2010 for Agenda #8, Agenda #9, and Agenda #10.
9. Case #CENA 20100006202 - BCC vs. Ernest J. Valdastri
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Carol Sykora was present.
Violations: Collier County Code of Laws Chapter 54, Article VI, Section 54-179
and Section 54-181.
Recurring violation of litter consisting of but not limited to, plastic
bottles, cans, tools, tires, automotive parts.
Folio No: 49532360004
Violation address: 30 Creek Circle, Naples
The case has been CONTINUED as noted in Agenda #8.
10. Case #CEV 20100006250 - BCC vs. Ernest J, Valdastri
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Carol Sykora was present.
Violations: Collier County Land Development Code 04-41, as amended,
SECTION 2.01.00(B)
Recurring violation of recreational vehicles not correctly parked/stored
on residential property and in the County right-of-way.
Folio No: 49532360004
Violation address: 30 Creek Circle, Naples
The case has been CONTINUED as noted in Agenda #8.
V. PUBLIC HEARINGS
A. Stipulations:
("Emen!encv Case")
1. Case #CESD 20100007518 - BCe. vs. An Trinh/Maria N2uven
The Hearing was requested by Code Enforcement Investigator Renald Paul who was
present.
Respondent, An Trinh, was also present and represented his wife, Maria Nguyen.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article IV,
Section 22-108
Excavation work done without Permits.
Folio No: 35748080001
Violation address: 4613 20 Avenue SW, Naples, FL 34116
4
June 4, 2010
The Respondents reside at 1020 22nd St. SE, Naples, FL 34117
A Stipulation was entered into Respondent, An Trinh, on behalf of his wife, Maria
Nguyen, and himselfon June 4,2010.
Investigator Paul stated the terms of the Stipulation agreed to by the Respondents.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to:
1. Erect a protective barrier around the hole on or before the close of business
on Monday, June 7,2010 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. Completely fill the hole with dirt on or before the close of business on
Monday, June 7, 2010 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-
3. Obtain a Permit for the excavation, all required inspections, and a
Certificate of Completion on or before July 6, 2010, 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.
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.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$112,12 on
or before July 6,2010.
The Respondents are to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.12
The Respondent stated the hole will be completely filled and Investigator Paul
confirmed the protective barrier will not be required ifthe work is completed.
B. Hearings:
1. Case # PR 044935 - CEEX 20100006542 - BCC vs. Francis J. Doh!e
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violations: Code of Law & Ord., Sec. 130-66
Failure to display paid parking receipt.
5
June 4,2010
Violation address: Barefoot Beach Access, 170 Barefoot Beach Blvd
The Respondent resides at 28103 Boccaccio Way, Bonita Springs Florida.
The Respondent stated he read an article in the newspaper that stated cars displaying
disabled placards are allowed to park free at the beach. He introduced the article
from the Naples Daily News that was marked as Respondent's Exhibit #1 and
admitted into evidence. Based on the information in the article, he did not pay the fee
when he parked at the Barefoot Beach Access.
Park Ranger Araquistain stated a newspaper article does not make policy and his
supervisor informed him that, until the Board of County Commissioners changes the
policy, the fee must be paid.
The Special Magistrate noted Barefoot Beach is in the County while the individual
quoted in the newspaper article was a spokesman for the City of Naples.
The Respondent disputed the Section of the Ordinance cited by the Park Ranger
stating there were no "boat ramps" at the Access area where the ticket was issued.
The Special Magistrate explained the Charging Document (i.e., the Citation) was
correct and takes precedence over the Notice of Violation which may have contained
a typographical error.
The Park Ranger stated there is a sign outFning the parking policy at the entrance to
the parking lot.
The Special Magistrate noted the Respondent was charged with a violation of Section
130-66 but the Respondent could not find any reference to displaying a paid receipt
within the language of 130-66. She stated the Respondent is entitled to know the
particular provision he is allegedly violating.
The Hearing was temporarily recessed by the Special Magistrate and requested the
Park Ranger contact the County Attorney's Office for direction.
5. Case #CELU 20080002154 - BCC vs. MD Investment Partners. LLC
The Hearing was requested by Collier County Code Enforcement Investigator Heinz
Box who was present.
The Respondent was represented Cory Mango, Operating Manager.
Violations: Prohibited Use of Collier County Land Development Code 04-41, as
amended, Section 10.02.03(B)(5).
Unpermitted shed at this location.
Folio No: 77020002901
Violation address: 2187 Trade Center Way, Unit 1, Naples
6
June 4,2010
The Respondent's address is c/o MD Investment Partners, LLC, 2187 Trade Center
Way, Suite #4, Naples, FL 34109. He confirmed he has the authority to represent the
Corporation.
Investigator Box presented two photographs which were marked as County's Exhibits
"A" and "BOO admitted into evidence. He stated Mr. Mango is the Registered Agent
for the Corporation and noted the Site Development Plan for the development is
#SDP 89-76. He further stated the violation has not be abated.
Mr. Mango stated the shed was on the property when he purchased it six years ago.
He attempted to obtain a Permit for the shed but the County could not locate the
original Site Development Plan until recently. He stated he will immediately begin
the permitting process and requested 90 days to complete the process.
Investigator Box stated the County initially allowed only 30 days but would not
object to the Respondent's request for additional time.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Completion on or before September 4, 2010, or a fine 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.
If the Respondent has not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of $112.20 on
or before September 4, 2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance,
Total Amount Due: $112.20
1. Case # PR 044935 - CEEX 20100006542 - BCC vs. Francis J. Doh!e
The Hearing resumed.
Park Ranger Araquistain stated Assistant County Attorney Jeff Wright advised the
Citation should be dismissed since an in correct citation was used.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and the Special Magistrate DISMISSED the
Citation.
7
June 4, 2010
VI, NEW BUSINESS
A. Motion for Imposition of Fines:
4. Case # CEPM20090008163 - BCC vs. Joseph H. DeRoma Livin2 Trust
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau and Property Maintenance Specialist Joe Mucha.
The Respondent was not present.
Mary Coyne, former rental agent for the Respondent, appeared as a Witness.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Sections 22-231, Subsections 12b, and 12p.
Structure that has exterior siding in deteriorated condition and vacant
rental unit that needs interior flooring replaced.
Folio No: 62769800000
Violation address: 836 96th Ave N, Unit B, Naples
Ms. Coyne stated she is a licensed Realtor, has been a rental agent for the Respondent
since 1992, and the Respondent currently resides in California.
The Special Magistrate noted Ms. Coyne appeared as a witness for the Respondent at
the initial Hearing in January 2010.
Ms. Coyne stated the property, consisting of six buildings on three lots, is in
foreclosure and the Respondent's attorney is handling the short sale which is
scheduled for June 7th for two of the buildings. She further stated because the tenants
have not paid rent" the Respondent did not have the funds to remedy the situation.
There are three tenants in the remaining buildings but the Respondent cannot afford
the costs for eviction proceedings.
Supervisor Letourneau stated the violations have not been abated as of June 4, 2010.
Fines have accrued at the rate of$200.00 per day for the period from May 16,2010
through June 4,2010 (20 days) for a total fine amount of $4,000.00.
Previously assessed Operational Costs of$112.69 have been paid.
The total amount due to date is $4,000.00.
Investigator Mucha verified a Lis Pendens had been filed against the property.
The Special Magistrate GRANTED the County's Motion/or Imposition 0/ Fines in
the total amount 0/$4,000.00 and noted fines continue to accrue.
7. Case #2007110041- BCC vs, Jose A. Orte2a
The County was represented by Code Enforcement Investigator Thomas Keegan.
The Respondent was present.
8
June 4,2010
Violations: Collier County Ordinance 2004-41, as amended, Section 2.01.00(A).
Unlicensed/inoperable vehicles parked in residential area.
Folio No: 61840440209
Violation address: 3085 Karen Dr., Naples
The Respondent resides at 4449 E. Riverside Drive, Ft. Myers, FL 33905
Investigator Keegan stated the violation had been abated as of January 8,2008.
A civil fine in the amount of$500.00 has not been paid.
Previously assessed Operational Costs of $206.11 have not been paid.
The total amount due to date is $706.11.
The Respondent stated he rented the property and the tenant caused the problem.
The Special Magistrate explained the County cannot foreclose on the property for a
period of ninety days.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$706.11,
8. Case #2007100198 - BCC vs. Jose A. Orteea
The County was represented by Code Enforcement Investigator Thomas Keegan.
The Respondent was present.
Violations: Collier County Ordinance 2004-41, as amended, Section 2.01.00(A).
Respondent failed to obtain and affix a current license plate to each
vehicle not stored in the confines of a completely enclosed structure, or
store same within a completely enclosed structure, or remove offending
vehicles from a residentially zoned area.
Folio No: 61839840001
Violation Address: 3107 Karen Dr, Naples
Investigator Keegan stated the violation had been abated as of November 16,2007.
A civil fine in the amount of$100.00 has not been paid.
Previously assessed Operational Costs of$204.78 have not been paid.
The total amount due to date is $304.78.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $3 04. 78.
9. Case #2007110023 - BCC vs. Jose A. Orteea
The County was represented by Code Enforcement Investigator Thomas Keegan.
9
June 4,2010
The Respondent was present.
Violations: Collier County Ordinance 2004-41 as amended, Section 2.01.00(A).
Unlicensed/inoperable vehicles parked in residential area.
Folio No: 61840440102
Violation address: 3069 Karen Dr., Naples
Investigator Keegan stated the violation had been abated as of January 4,2008.
A civil fine in the amount of $1 ,000.00 has not been paid.
Previously assessed Operational Costs of $206.11 have not been paid.
The total amount due to date is $1,206.11.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of$1,206,11.
1. Case #CESD 20090011816 - BCC vs. Abraham Veitia & Lesa Maria Perez
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau and Investigator Renald Paul.
Respondent, Abraham Veitia, was also present and represented his wife, Lesa Maria
Perez.
Lesa Veitia served as Interpreter for her father.
Violations: Collier County Land Development Code 04-41, as amended,
Section 1 0.02.06(B)(1)( a).
Enclosing lanai and extending the lanai with no Permits.
Folio No: 36245560007
Violation address: 1848 52ND Terr. SW, Naples, FL
Supervisor Letourneau stated the violation had been abated as of May 24,2010.
Fines have accrued at the rate of$200.00 per day for the period from May 16,2010
through May 24,2010 (9 days) for a total fine amount of$1,800.00.
Previously assessed Operational Costs of$ll2.42 have been paid.
The total amount due to date is $1,800.00.
The Respondent stated he thought the deadline was May 20th and could not obtain the
Permit earlier due to financial problems.
Investigator Paul stated the Respondent worked diligently to complete the project and
would not object to a reduction in fines.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
RECESS: 10:58 AM
RECONVENED: 11:16AM
10
June 4, 2010
V. PUBLIC HEARINGS
B. Hearings:
4. Case #CEPM 20100003285 - BCC vs. John Kolak
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was represented by Investigative Supervisor Jeff Letourneau
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Private swimming pool not maintained. Presenting unsightly appearance,
water stagnate, polluted with conditions conducive to insect infestation.
Folio No: 72650003346
Violation Address: 1372 Areca Cove, Naples, FL
The Notice of Hearing was sent via Certified Mail on May 21,2010 and was delivered
on May 22,2010. The property and the Courthouse were posted on May 25,2010.
Supervisor Letourneau introduced one photograph, taken on June 2, 2010, which was
marked as County's Exhibit "A" and admitted into evidence. He stated a Lis Pendens
has been filed against the property and the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either:
(1) chemically treat the pool water to kill the algae and provide bi-weekly
treatments to maintain clean pool water on or before June 14,2010 or afine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate;
-OR-
(2) chemically treat the pool water and cover the pool to prevent the intrusion of
rain water, pursuant to HUD standards, on or before June 14, 2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the property
owner.
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order,
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$112.38 on
or before July 6, 2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.38
11
June 4,2010
6. Case #CEPM 20090013071 - BCC vs. Edward A. & Paula L. Kaulbars
The Hearing was requested by Collier County Code Enforcement Investigator John
Connetta who was present.
The Respondents were not present.
Violations: Collier County Laws and Ordinances, Chapter 22, Buildings and
Building Regulations, Article VI, Property Maintenance Code,
Section 22-231(15).
Pool is green in color, stagnate and not properly maintained.
Folio No: 74901001448
Violation address: 1579 Whispering Oaks Circle, Naples, FL 34108
The Notice of Hearing was sent via Certified Mail on May 21,2010. The property
and the Courthouse were posted on May 19,2010.
Investigator Connetta introduced one photograph, dated February 9,2010, which was
marked as County's Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and were ordered to properly maintain the pool to
avoid the creation of safety hazards and were further ordered to either:
(1) drain the pool completely on or before June 11,2010 or afine of $250. 00 per
day will be imposed for each day the violation remains thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate;
-OR-
(2) chemically treat the pool water to kill the algae and cover the pool to prevent
the intrusion of rain water, pursuant to HUD standards, on or before June 11,2010
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.
If the Respondents have not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the property
owner(s).
If necessary, assistance may be requested from the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$112.56 on
or before July 6, 2010.
The Respondents are to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.56
12
June 4,2010
7. Case #CEPM 20100003306 - BCC vs. Vanessa L. Curley-Friedland
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was represented by Investigative Supervisor Jeff Letourneau
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Buildings
and Building Regulations, Article VI, Property Maintenance Code,
Section 22-231(15)
Failure to maintain private swimming pool.
Folio No: 59940900046
Violation address: 5181 Mahogany Ridge Drive, Naples
The Notice of Hearing was sent via Certified Mail on May 21,2010. The property
and the Courthouse were posted on May 25,2010.
Supervisor Letourneau introduced one photograph, taken on June 2,2010, which was
marked as County's Exhibit "A" and admitted into evidence. He stated the property
is vacant and the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either:
(1) chemically treat the pool water to kill the algae and provide bi-weekly
treatments to maintain clean pool water on or before June 11,2010 or afine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate;
-OR-
(2) chemically treat the pool water and cover the pool to prevent the intrusion of
rain water, pursuant to HUD standards, on or before June 11,2010 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized
to abate the violation by contractor bid-out and assess the costs to the property
owner.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of the case in the amount of$112.38 on
or before July 6, 2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $112.38
VI. NEW BUSINESS
13
June 4, 2010
A. Motion for Imposition of Fines:
2, Case #CEPM 20090000375 - BCC vs. Primitivo Lara
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau and Investigator Renald Paul.
The Respondent was not present.
Violations: Collier County Ordinance 2004-58, Section 12, Hazardous and
Dangerous Building.
Building sustained severe damage due to fire causing unsafe and
dangerous conditions.
Folio No: 36452720009
Violation address: 5020 2ih Place SW, Naples
The Notice of Hearing was sent via Certified Mail on May 21,2010 and notification
was left by the U.S. Postal Service at the Respondent's residence on May 22,2010.
The property and Courthouse were posted on May 18, 2010.
Supervisor Letourneau stated the County abated the violation on April 13, 2010.
Fines have accrued at the rate of $250.00 per day for the period from September 8,
2009 through April 13, 2010 (218 days) for a total fine amount of$54,500.00.
Previously assessed Operational Costs of $117.78 have not been paid.
Abatement costs of$6,185.37 have not been paid.
The total amount due to date is $60,803.15.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $60,803.15.
5. Case #CEV 20090015983 - BCC vs. Timothv S. Nelson
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A)
Unlicensed boat trailer stored in rear of property.
Folio No: 22623200003
Violation address: 3461 Verity Lane, Naples
The Notice of Hearing was sent via Certified Mail on May 21,2010, and the property
and Courthouse were posted on May 21,2010.
Investigator Sorrels stated the violation has been abated as of June 3, 2010
Fines have accrued at the rate of$50.00 per day for the period from April 24, 2010
through June 3, 2010 (41 days) for a total fine amount of$2,050.00.
14
June 4, 2010
Previously assessed Operational Costs of $112.56 have not been paid.
The total amount due to date is $2,162.56.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $2,162.56.
6. Case #CENA 20090015974 - BCC vs. Timothv S. Nelson
The County was represented by Code Enforcement Investigator Azure Sorrels.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, SECTION 54-179
and 54-181.
Litter on property consisting of, but not limited to, propane tank, gas
cans, chemical containers, paint buckets, spray cans, tabletop, plastic
tarp, cooler, stacks of flooring tile, broom, clothing, grill, patio chairs,
general trash scattered throughout property.
Folio No: 22623200003
Violation address: 3461 Verity Lane, Naples
The Notice of Hearing was sent via Certified Mail on May 21,2010 and the property
and Courthouse were posted on May 21,2010.
Investigator Sorrels stated the violation has not been abated.
Fines have accrued at the rate of$100.00 per day for the period from Apri124, 2010
through June 4, 2010 (42 days) for a total fine amount of $4,200.00.
Previously assessed Operational Costs of$112.64 have not been paid.
The total amount due to date is $4,312.64.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $4,312. 64 and notedfines continue to accrue.
VII. OLD BUSINESS:
None
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
None
15
June 4,2010
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
referenced in the submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
IX. REPORTS:
None
X. NEXT HEARING DATE: July 16,2010 at 9:00AM, located at the Collier County
Government Center, Administrative Building "F," 3rd Floor, 3301 East Tamiami
Trail, Naples, Florida.
There being no further business for the good of the County, the Hearing was
adjourned by Order of the Special Magistrate at 11 :48 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
16