CESM Minutes 05/03/2011
May 3, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 3, 2011
LET IT BE REMEMBERED that the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
May 3, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 3, 2011
LET IT BE REMEMBERED that the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
May 3, 2011 at 9:00 A.M.
LOCATION:
Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - April I, 2011
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
SOl 66994-CEEX201 10004968
HELEN T. TANNER
DEPUTY KLINKMANN
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT.
PHYSICIANS REGIONAL, COLLIER BLVD, NAPLES
SO I 57398-CEEX20 110005205
MARIL YN S. MURRAY
CORPORAL KINCAID
CODE OF LA W & ORD., SEe. 130-67
HANDICAPPED SPACE
15000 LIVINGSTON RD, NAPLES
SOI66959-CEEX20110003312
SHIRLEY ANN PARKS ENGSTROM
DEPUTY KLINKMANN
CODE OF LA W & ORD., SEC. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT
FREEDOM SQUARE PUBLIX, NAPLES
SOl 73480-CEEX2011 0004013
KEVIN E. BURKE
DEPUTY PAIGE LONG
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE, BLOCKING ACCESS
W ALMART, 41 & IMMOKALEE, NAPLES
SOl 74293-CEEX201 10004923
DONNA MOORE
DEPUTY KENNETH ROBINS
CODE OF LA W & ORD., SEe. 130-66
UNLA WFUL AREA, NOT AN AUTHORIZED PARKING SPOT
BAREFOOT BEACH ACCESS, NAPLES
SOl 66972-CEEX201 10003181
BLANCHESEGO
DEPUTY KLINKMANN
CODE OF LA W & ORD., SEe. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT
WALMART, COLLIER & DAVIS, NAPLES
2
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
II. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA TION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
PR044644-CEEX20110001830
KYLE OSBORNE
PARK RANGER CYNTHIA GAYNOR
CODE OF LAW & ORD., SEe. 130-66
FAILURE TO DISPLAY COMMERCIAL LAUNCH STICKER
951 BOAT RAMP, NAPLES
PR045801-CEEX20110004675
ROBERTJ.HARTWELL
PARK RANGER CAROL BUCKLER
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
951 BOAT RAMP, NAPLES
PR045488-CEEX20110004035
JOAN A. WALSH
PARK RANGER RICHARD MAUNZ
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLAY VALID LAUNCH RECEIPT
DANFORD STREET, BAYVIEW BOAT PARK, NAPLES
PR044562-CEEX20110003840
JAMES B. PILKENTON JR
PARK RANGER ROGER RIECK
CODE OF LAW & ORD., SEC. 130-66
UNLA WFUL AREA, PARKED IN AN UNAUTHORIZED AREA
BAREFOOT BEACH PRESERVE, NAPLES
PR045619-CEEX20110004783
IOANNIS BARDIS
PARK RANGER KURT ARAQUISTAIN
CODE OF LAW & ORD., SEe. 130-66
UNLAWFUL AREA, NO PARKING ANY TIME
BA YVIEW PARK/DANFORD, NAPLES
PR045618-CEEX20110004786
IOANNIS BARDIS
PARK RANGER KURT ARAQUISTAIN
CODE OF LA W & ORD., SEC. 130-66
F AlLURE TO D1SPLA Y A LAUNCH RECEIPT
SA YVIEW PARK/DANFORD, NAPLES
3
13. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
15. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
DASI 1919-CEEX201 10003771
DA WN KNIGHT
OFFICER PAUL MORRIS
CODE OF LAW & ORD. 2008-51, SEC. 8, PARAGRAPH I(B)
TO ALLOW A DOG TO RUN AT LARGE
MORNING SUN LANE, NAPLES
DASI 1 920-CEEX201 10003773
DA WN KNIGHT
OFFICER PAUL MORRIS
CODE OF LAW & ORD. 2008-51, SEC. 8, PARAGRAPH I(E)
TO JUMP UPON
MORNING SUN LANE, NAPLES
CESD20090018616
JOSEFINA URQUILLA
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). UNPERMITTED SHED.
36130640003
4955 17TH AVE SW, NAPLES
CEV20110002690
RODGER PERRY
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.05.03. PARKING ON LAWN.
36002200005
2863 44TH ST SW, NAPLES
CEPM2011 000 I 550
PRIME HOMES AT PORTOFINO FALLS
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231 (l2)(d), (12) (p), AND 22-231 (19). EXTERIOR DOOR STICKS, NOT ALLOWING
PROPER INGRESS/EGRESS, LEAKY PIPES, DAMAGED CEILING AND MOLD.
32425005564
7082 VENICE WAY, NAPLES
4
18. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
20. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20110000950
ROBERTO LINO
INVESTIGA TOR AZURE BOTTS
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). SHED IN REAR YARD ERECTED WITHOUT REQUIRED BUILDING
PERMIT OR INSPECTIONS.
54670001702
421 LEA WOOD CIRCLE, NAPLES
CEROW20090015230
ESTATE OF ALAN D. MONTGOMERY
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 110, ARTICLE II,
SECTION 110-31 (a). SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY
WITH NO PERMIT.
36239560000
5133 20TH CT SW, NAPLES
CESD20100004913
SERGIO G. & PATRICIA SALINAS
INVESTIGA TOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06 (B)(I)(a) AND SECTION 1O.02.06(B)(I)(e)(i). POOL, NEVER CO-ED AND THREE
UNPERMITTED STRUCTURES (2 SHEDS & I BBQ PIT).
35993680007
2756 47TH ST SW, NAPLES
CEPM20100020075
JEFFERSON F. & TAMMY J. ROBERTS, OR PROPERTY OWNER
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
51978006648
14462 INDIGO LAKES CIRCLE, NAPLES
CEPM20110000638
ELVIS CAMACHO
INVESTIGA TOR HEINZ BOX
COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI, SECTION 22-234(3), METHOD FOR DESIGNATION AND
ELIMINA TION OF HAZARDOUS BUILDINGS 22-236. DANGEROUSIHAZARDOUS
BUILDING DESTROYED BY FIRE.
38100840006
2725 70TH STREET SW, NAPLES
5
23. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20110001254
JORGE DELGADO ALFONSO
INVESTIGA TOR RENALD PAUL
FLORIDA BUILDING CODE 2007, CHAPTER I, SECTION 110.4. PERMIT 2003100875 FOR
THE FENCE WAS NEVER CO-ED.
36305920008
2365 55TH TER SW, NAPLES
CESD20100018415
PEDRO ALVAREZ
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). WINDOWS THAT HAVE BEEN REPLACED WITHOUT PERMITS.
36614600006
4301 3RD AVENUE SW, NAPLES
CEV20110002103
RICHARD LARICHE JR & VALERIE LARICHE
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-97(3). COMMERCIAL VEHICLE PARKED IN THE REAR OF THE
PROPERTY THAT IS NOT CONCEALED FROM THE VIEW OF NEIGHBORING
PROPERTIES.
35647920000
4438 23RD PL SW, NAPLES
CEV20100020785
KARL KRONK
INVESTIGA TOR MICHELE MCGONAGLE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130-96(a). A BOAT ON A TRAILER PARKED IN THE DRIVEWAY AND AN
EMPTY BOAT TRAILER PARKED IN THE FRONT YARD.
52392400007
184 PAGO PAGO DRIVE W, NAPLES
CEPM20110002763
MORAD BAHRAM I
INVESTIGA TOR HEINZ BOX
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231 (l2)(m) AND SECTION 22-231 (12)(1). BLACK MOLD ON EXTERIOR OF HOME
AND TORN SCREENS ON LANAI.
32484040007
841 BLUEBIRD STREET, NAPLES
6
28. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
29. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
31. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
32. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CENA20110001629
AN TRINH & MARIA NGUYEN
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-181. ACCUMULATED LITTER ON THE PROPERTY.
35748080001
4619 20TH AVENUE SW, NAPLES
CEV20110001701
AN TRINH & MARIA NGUYEN
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-95. RECURRING VIOLATION OF UNLICENSED AND INOPERABLE
VEHICLES BEING STORED ON THE PROPERTY.
35748080001
4619 20TH AVENUE SW, NAPLES
CEPM20110000743
HSBC BANK USA NA TR ACE SECURITIES CORPORATION
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22-231 (l2)(bXn), AND SECTION 22-243. UNSECURED STRUCTURE,
BROKEN/MISSING SCREENS.
35980440001
4500 GOLDEN GATE PKWY, NAPLES
CESD201 00003742
SANDRA L. CASTRO
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS AMENDED,
SECTION 1O.02.06(B)(lXa) AND FLORIDA BUILDING CODE 2007 EDITION, CHAPTER 1
PERMITS, SECTION 105.1. FENCE AND STRUCTURES ON THE PROPERTY WITHOUT
COLLIER COUNTY BUILDING PERMIT(S).
40060360106
3950 31 ST A VENUE NE, NAPLES
CENA20110001744
THELMA NOVELO
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, APPLIANCES,
FURNITURE, METAL SCRAPS, BUCKETS, AND TOOLS.
35642160001
2217 41ST STREET SW, NAPLES
7
33. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
34. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CEAU20110002303
ALEXANDER O. & CRISTINA ULA TE
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
5.03.02(A). FENCE IS DAMAGED.
36240840007
2001 51sT STREET SW, NAPLES
CESD20110001998
ROBERTO PEREZ
INVESTIGA TOR JOSEPH MUCHA
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1.
UNPERMITTED WOOD AND CHAIN LINK FENCE.
35645200007
4201 23RD AVENUE SW, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100017761
HENRY J. TESNO & JILL J. WEAVER
INVESTIGA TOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). REPEAT VIOLATION OF SINGLE FAMILY SWIMMING POOL
FILLED WITH GREEN ALGAE/STAGNANT WATER.
71800000527
3117 ARECA AVENUE, NAPLES
CEPM20100009984
ALBERT HOUSTON SR
INVESTIGATOR KITCHELL SNOW
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (l2)(b), (12)(d), (12)(p), (12)( c), (12)(i), (12)(1), (8), NUISANCES
SPECIFIED, AND COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI,
SECTION 22-243. VACANT/ABANDONED UNSECURED STRUCTURE USED FOR
PROSTITUTION AND DRUG ACTIVITY WITH NUMEROUS PROPERTY MAINTENANCE
VIOLA TIONS TO INCLUDE BUT NOT LIMITED TO: LEAKS IN THE ROOF, EXPOSED
ABOVE GROUND SEWER PIPES, BROKEN WINDOWS, INTERIOR AND EXTERIOR
WALLS IN A POOR CONDITION, ETC.
66930160009
433 CARVER STREET, IMMOKALEE
8
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100008282
JUDITH HARBRECHT HILL TR & WILLIAM P. HILL TR, UTD 10/8/96
INVESTIGA TOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI
SECTION 22-231 (15). A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN
IMPROPERLY MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR
INSECT INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND BECOME
POLLUTED WITH GREEN ALGAE.
55402400004
451 TORREY PINES POINT, NAPLES
CEPM20100003242
ABEL D. & SARA ACCILIO
INVESTIGA TOR TONY ASARO
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (12) ( c). MAIN STRUCTURE WITH ROOF DAMAGE.
64701126902
907 SUMMERFIELD DRIVE, NAPLES
CEPM20100019812
BETTY FREDERICK & KAREN L. DONNADIO
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LA WS AND ORDINANCES CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). GREEN POOL.
36001560005
2975 45TH STREET SW, NAPLES
CEPM20100020893
REUBEN T. REINSTEIN EST
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). SWIMMING POOL THAT IS NOT BEING MAINTAINED.
36613600007
4460 3RD AVENUE SW, NAPLES
CESD201 0001 8348
PALMIRA MUNOZ
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(a). UNPERMITTED SHED LOCATED IN THE REAR YARD OF THE
PROPERTY.
35774720005
2051.44TH TERRACE SW, NAPLES
9
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CESD20100004761
WILNER FRANCOIS & SANDY ST. FLEUR
INVESTIGA TOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1,
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). PVC FENCE AROUND POOL, NEVER CO-ED.
36560840004
2700 44TH STREET SW, NAPLES
CESD201 0000491 6
SERGIO G. & PATRICIA SALINAS
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
EXPIRED PERMIT #2001100506-NEVER CO-ED.
35993680007
2756 47TH STREET SW, NAPLES
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
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: June 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
10
May 3,2011
Any persons that needs a verbatim record of this meeting, may request a copy of the video recording
from the Collier County Communications and Customer Relations Department, 3299 Tamiami Trail,
Building F, 1st Floor, Naples, Florida, or they can be viewed online.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM.
All those testifying at the proceeding did so under oath.
A. Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. The
Special Magistrate noted that, prior to conducting the Hearing, Respondents were given an
opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The
goal is to obtain compliance without being punitive.
RECESS: 9:17AM
RECONVENED: 9:49 AM
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes to the Agenda:
Under Item IV.C - Motions - Motion for Extension of Time - The following case was added:
#1 - Grand Slam Realty CASE NO: CESD20100019403
Under Item V.A - Public Hearings - Stipulations - Addition of the following cases (listed
below as Agenda items):
. #17 - CASE NO: CEPM20110001550 - PRIME HOMES AT PORTOFINO
FALLS
· #24 - CASE NO: CESD20100018415 - PEDRO ALVAREZ
. #34 - CASE NO: CESD20110001998 - ROBERTO PEREZ
Under Item V.B - Public Hearings - Hearings - The following cases were withdrawn by the
County, (listed below as Agenda items):
. #2 - CASE NO:
. #4 - CASE NO:
. #5 - CASE NO:
. #6 - CASE NO:
. #7 - CASE NO:
. #8 - CASE NO:
. #9 - CASE NO:
. #10 - CASE NO:
. #12 - CASE NO:
. #13 - CASE NO:
. #14 - CASE NO:
. #15 - CASE NO:
· #16 - CASE NO:
. #23 - CASE NO:
S0157398-CEEX20110005205 - MARILYN S. MURRAY
S0173480-CEEX20110004013 - KEVIN E. BURKE
S0174293-CEEX20110004923 - DONNA MOORE
S0166972-CEEX20110003181 - BLANCHE SEGO
PR044644-CEEX20110001830 - KYLE OSBORNE
PR045801-CEEX20110004675 - ROBERT J. HARTWELL
PR045488-CEEX20110004035 - JOAN A. WALSH
PR044562-CEEX20110003840 - JAMES B. PILKENTON JR
PR045618-CEEX20110004786 - IOANNIS BARDIS
DAS1l919-CEEX20110003771 - DAWN KNIGHT
DAS1l920-CEEX20110003773 - DAWN KNIGHT
CESD20090018616 - JOSEFINA URQUILLA
CEV20110002690 - RODGER PERRY
CESD20110001254 - JORGE DELGADO ALFONSO
2
May 3, 2011
. #25 - CASE NO: CEV20ll0002103 - RICHARD LARICHE JR & VALERIE
LARICHE
. #26 - CASE NO: CEV20100020785 - KARL KRONK
. #28 - CASE NO: CENA20ll0001629 - AN TRINH & MARIA NGUYEN
. #29 - CASE NO: CEV20ll0001701 - AN TRINH & MARIA NGUYEN
. #32 - CASE NO: CENA20ll0001744 - THELMA NOVELO
Under Item VI.A - New Business - Motion for Imposition of Fines - The following case was
withdrawn by the County (listed below as Agenda item):
. #3 - CASE NO: CEPM20100008282 - JUDITH HARBRECHT HILL TR &
WILLIAM P. HILL TR, UTD 10/8/96
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES - April 1, 2011
The Minutes of the Special Magistrate Hearing held on April 1, 2011 were reviewed by the
Special Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
1. CASE NO: CESD20100019403 Grand Slam Realty
Laurie Vereen - Manager, Grand Slam Realty requested a 30 day extension oftime in
the case.
The County had no objection to the request and recommended a 60 day extension.
The Special Magistrate GRANTED a 60 day extension of the case.
V. PUBLIC HEARINGS
A. Stipulations
17. CASE NO: CEPM20110001550
OWNER: PRIME HOMES AT PORTOFINO FALLS
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLA TIONS: COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE
CODE, SECTION 22-231 (12)(d), (12) (p), AND 22-231 (19). EXTERIOR DOOR
STICKS, NOT ALLOWING PROPER INGRESS/EGRESS, LEAKY PIPES,
DAMAGED CEILING AND MOLD.
FOLIO NO: 32425005564
VIOLATION ADDRESS: 7082 VENICE WAY, NAPLES (1Z4791530358137714)
The Hearing was requested by Code Enforcement Investigator Jonathon Musse who was
present.
3
May 3, 2011
The Stipulation was entered into by the Respondent's representative John Nelson - Prime
Home Builders, LTD. at Portifino Falls on May 3, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of $112. 56 incurred in the prosecution of this case
by June 3, 2011.
2. Abate all violations by repairing all property maintenance violations and applying for
and obtaining any required Collier County building permits if applicable to repair all
property maintenance violations within 60 days of this hearing or a fine of $200. 00 per
day will be imposed until violation has been abated.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm compliance
24 hours. Notice shall be by phone and made during the work week. If the violation is
abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must
be made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and
may use the assistance of the Collier County Sheriffs Office to enforce the provisions
of this agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
24. CASE NO: CESD20100018415
OWNER: PEDRO ALVAREZ
OFFICER: INVESTIGA TOR JONATHAN MUSSE
VIOLA TIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTION 10.02.06(B)(I)(a). WINDOWS THAT HAVE BEEN REPLACED
WITHOUT PERMITS.
FOLIO NO: 36614600006
VIOLA TION ADDRESS: 4301 3RD AVENUE SW, NAPLES
The Hearing was requested by Code Enforcement Investigator Jonathon Musse who was
present.
The Stipulation was entered into by the Respondent, Pedro Alvarez on May 3, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay operational costs in the amount of $112.12 incurred in the prosecution of
this case by June 3,2011.
2. Abate all violations by obtaining a Collier County building permit or demolition
permit for any construction additions or remodeling and obtain all inspections and
certificate of completion within 60 days of this hearing or afine of $100.00 per day
will be imposed until violation is abated.
4
May 3,2011
3. Respondent must notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance 24 hours. Notice shall be by phone and made during the work week. If
the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then
the notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and
may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.12
34. CASE NO: CESD20110001998
OWNER: ROBERTO PEREZ
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLA TIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1.
UNPERMITTED WOOD AND CHAIN LINK FENCE.
FOLIO NO: 35645200007
VIOLATION ADDRESS: 4201 23RD AVENUE SW, NAPLES
The Hearing was requested by Code Enforcement Investigator Josepth Mucho who was
present.
The Stipulation was entered into by the Respondent, Roberto Perez on May 3, 2011. Gary
Pedersen was present to assist Mr. Perez.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay operational costs in the amount of $112.12 incurred in the prosecution of
this case by June 3, 201l.
2. Abate all violations by applying for and obtain all permits inspections and
certificates of completions/occupancy requiredfor fence or for the removal of the
fence within 60 days of this hearing or a fine of 1 00 for each day the violation
continues.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance 24 hours. Notice shall be by phone and made during the work week. If
the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then
the notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and
may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Due: $112.12
5
May 3, 2011
B. Hearings
1. CASE NO: SOl 66994-CEEX201l 0004968
OWNER: HELEN T. TANNER
OFFICER: DEPUTY KLINKMANN
VIOLA TIONS: CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT.
VIOLATION ADDRESS: PHYSICIANS REGIONAL, COLLIER BLVD, NAPLES
Respondent Helen Tanner was present. Her son, Brian Tanner, was present and a
witness.
Deputy Klinkmann was present.
Mr. Tanner noted he pulled up to the area of discharge (which was a fire lane) at the
direction of hospital staff. He parked and entered the discharge unit approximately 200
feet away, came back out and the ticket was on the vehicle. The ticket is at the exact time
of the discharge from the hospital.
Deputy Klinkmann noted he observed the vehicle illegally parked, determined no one
was attending the vehicle and issued the parking ticket. There were other legal spaces in
the vicinity available for parking.
The Special Magistrate noted the situation was a result of a misunderstanding of hospital
Staff on the areas persons are allowed to park during discharge.
The Special Magistratefound the Respondent NOT GUILTY of the violation.
3. CASE NO: S0166959-CEEX20110003312
OWNER: SHIRLEY ANN PARKS ENGSTROM
OFFICER: DEPUTY KLINKMANN
VIOLA TIONS: CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT
VIOLA TION ADDRESS: FREEDOM SQUARE PUBLIX, NAPLES
Date of Hearing Notice by Certified Mail: 4/19/11
Date of Hearing Notice Delivered: 4/21/11
Respondent Shirely Ann Parks Engstrom was not present.
Deputy KJinkmann was present.
The Special Magistratefound the Respondent Guilty and assessesed a $250.00fine,
$5.00 Adminstrativefee and $50.00 Investigativefeefor a totalfine of $305.00 (three
hundredfive dollars) to be paid by June 3,2011.
Total Amount Due: $305.00
6
May 3,2011
11. CASE NO: PR045619-CEEX20110004783
OWNER: IOANNIS BARDIS
OFFICER: PARK RANGER KURT ARAQUISTAIN
VIOLA TIONS: CODE OF LAW & ORD., SEe. 130-66
UNLAWFUL AREA, NO PARKING ANY TIME
VIOLA TION ADDRESS: BA YVIEW P ARK/DANFORD, NAPLES
Respondent Ioannis Bardis was present.
Park Ranger Araquistain was not present.
Mr. Bardis requested the case be dismissed.
The Special Magistrate DISMISSED the case.
18. CASE NO: CESD20110000950
OWNER: ROBERTO LINO
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLA TIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTION 10.02.06(B)(I)(a). SHED IN REAR YARD ERECTED WITHOUT
REQUIRED BUILDING PERMIT OR INSPECTIONS.
FOLIO NO: 54670001702
VIOLA TION ADDRESS: 421 LEA WOOD CIRCLE, NAPLES
Respondent Roberto Lino was present.
Investigator Heinze Box was present.
Evidence Entered: Exhibit A-I photo
Exhibit B-1 photo
Investigator Box testified as of May 2,2011 the violation exists.
Mr. Lino noted the shed was constructed without a permit, he subsequently applied for a
permit, however it was denied due to a setback violation. He is in the process of trying to
sell the structure.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of $112.12 incurred in the prosecution of this
case within 30 days by June 3,2011.
2. Abate all violations by obtaining a Collier County building permit or demolition
permit demolition permit for the structure obtain all inspections and certificate of
completion ofsaidpermit(s) by July 3, 20110r afine of $100. 00 per day will be
imposed until violation is abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
7
May 3, 2011
4. If the Respondent fails to abate the violation the County may abate the violation and
may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.12
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
8. CASE NO: CESD20100004761
OWNER: WILNER FRANCOIS & SANDY ST. FLEUR
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLA TIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS,
SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS
AMENDED, SECTION 10.02.06(B)(I)(a). PVC FENCE AROUND POOL, NEVER
CO-ED.
FOLIO NO: 36560840004
VIOLATION ADDRESS: 2700 44TH STREET SW, NAPLES
Respondent Wilner Francois was present and has authority to represent his wife.
Investigator Carmelo Gomez presented the case.
The violation has not been abated as of 5/3/11.
Special Magistrate Order No.: 3/4/11 - OR4671 - Page 2323
Fine Amount: $100.00 day
Duration: 4/5/11 - 5/3/11 (29 days)
Total Fine Amount: $2,990.00
Unpaid Operational Costs: $112.47
Total to Date: $3,012.47
Fines continue to accrue.
Mr. Francois noted he has been attempting to remedy the situation, the fence is not
acceptable as it is a plastic fence. He is in the process of applying for another permit and
abating the violation.
Robinson Dera, freind testified Mr. Francois purchased the property with the fence
existing, however signed an affidavit that he knew the fence was in violation. A private
contractor has applied for permits to abate the violation.
Jeff Letourneau, Code Enforcement Supervisor noted he has reviewed the case and
there is not an permit application on file for replacing the fence with the County at this
time. He recommended the case be continued so both parties may attempt to resolve the
Issue.
The Special Magistrate DENIED the County's requestfor Imposition of Fines and
continued the case.
8
May 3,2011
Break: 11 :08am
Reconvened: 11:28am
V. PUBLIC HEARINGS - Continued
B. Hearings
19. CASE NO: CEROW20090015230
OWNER: ESTATE OF ALAN D. MONTGOMERY
OFFICER: INVESTIGATOR RENALD PAUL
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110,
ARTICLE II, SECTION 1l0-31 (a). SEVERAL TREES THAT WERE PLANTED
IN THE RIGHT OF WAY WITH NO PERMIT.
FOLIO NO: 36239560000
VIOLA TION ADDRESS: 5133 20TH CT SW, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Paul presented the case.
Evidence Entered: Exhibit A-I photo
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 Right of Way permit and all necessary Certificates of Completion to permit
the trees, or remove the trees on or before June 3,2011. If violation is not abated
by June 3,2011 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 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 requestedfrom the Collier County Sheriff's Office to
enforce the provisions of the Order.
3. Pay the Operational Costs of $112.29 incurred by Code Enforcement during the
prosecution of the case on or before June 3,2011.
Total Amount Due: $112.29
20. CASE NO: CESD20100004913
OWNER: SERGIO G. & PATRICIA SALINAS
OFFICER: INVESTIGA TOR CARMELO GOMEZ
VIOLA TIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS,
SECTION 105.1 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-
41, AS AMENDED, SECTION 10.02.06 (B)(I)(a) AND SECTION
10.02.06(B)(I)(e)(i). POOL, NEVER CO-ED AND THREE UNPERMITTED
STRUCTURES (2 SHEDS & 1 BBQ PIT).
9
May 3, 2011
FOLIO NO: 35993680007
VIOLA TlON ADDRESS: 2756 47TH ST SW, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
Investigator Gomez presented the case.
Evidence Entered: Exhibit A-I photo
Finding the Notice of Hearing was properly served the Respondent was found
GUILTYof the alleged violation and ordered to:
1. Obtain a valid Collier County Building or Demolition Permits, all required
inspections and a Certificate of Completion or Occupancy to abate the violations on
or before June 3,2011, or afine of $100.00 per day will be imposedfor each day
the violation remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
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 requestedfrom the Collier County Sheriff's Office to
enforce the terms of the Stipulation.
3. Pay the Operational Costs of $112.73 incurred by Code Enforcement during the
prosecution of the case on or before June 3,2011.
Total Amount Due: $112.73
21. CASE NO: CEPM20100020075
OWNER: JEFFERSON F. & TAMMY J. ROBERTS, OR PROPERTY OWNER
OFFICER: INVESTIGA TOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231 (15). SWIMMING POOL THAT IS NOT BEING
MAINTAINED.
FOLIO NO: 51978006648
VIOLATION ADDRESS: 14462 INDIGO LAKES CIRCLE, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
Jennifer Baker noted the property is subject to a bankruptcy case.
The Special Magistrate CONTINUED the case.
22. CASE NO:
OWNER:
CEPM2011 0000638
ELVIS CAMACHO
10
May 3,2011
OFFICER: INVESTIGATOR HEINZ BOX
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI, SECTION 22-234(3), METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS 22-236.
DANGEROUSIHAZARDOUS BUILDING DESTROYED BY FIRE.
FOLIO NO: 38100840006
VIOLATION ADDRESS: 2725 70TH STREET SW, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
Investigator Box presented the case.
Evidence Entered: Composite Exhibit A - 4 photos
Exhibit b - Copy of "Dangerous Building" letter
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 Demolition Permitfor demolition of the structure
and dispose of all associated debris at an authorized location and obtain all
required inspections and a Certificate of Completion as required on or before May
20,2011, 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 assess the costs to the Respondents. If
necessary, assistance may be requestedfrom 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 June 3,2011.
Total Amount Due: $112.56
27. CASE NO: CEPM20110002763
OWNER: MORAD BAHRAM I
OFFICER: INVESTIGATOR HEINZ BOX
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231 (12)(m) AND SECTION 22-231 (12)(1).
BLACK MOLD ON EXTERIOR OF HOME AND TORN SCREENS ON LANAI.
FOLIO NO: 32484040007
VIOLA TION ADDRESS: 841 BLUEBIRD STREET, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
11
May 3, 2011
Investigator Box presented the case.
Evidence Entered: Composite Exhibit A - 3 photos
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to:
1. Remove all mold from the exterior walls at the above location and repair all screens
on the rear lanai on or before May 10,2011, or afine of $250.00 per day will be
imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
2. 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 $112.56 incurred by Code Enforcement during the
prosecution of the case on or before June 3,2011.
Total Amount Due: $112.56
30. CASE NO: CEPM201l0000743
OWNER: HSBC BANK USA NA TR ACE SECURITIES CORPORATION
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLA nONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(b)(n), AND SECTION 22-243. UNSECURED
STRUCTURE, BROKEN/MISSING SCREENS.
FOLIO NO: 35980440001
VIOLATION ADDRESS: 4500 GOLDEN GATE PKWY, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
Investigator Gomez presented the case.
Evidence Entered: Composite Exhibit A - 5 photos dated 1/19/11
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to:
1. Obtaining all required Collier County permits and building inspections and
Certificates of Completion and restore the windows and screens to a permitted
condition on or before May 17, 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 or;
2. Obtain a Collier County Boarding Certificate and board the windows on or before
May 17, 2011 or afine of $250. 00 per day will be imposedfor each day the
violation remains thereafter and obtain all necessary permit, inspections and
12
May 3, 2011
Certificates of Completion and restore the windows and screens to a permitted
conditions on or before November 3,2011 or afine of $250. 00 per day will be
imposed for each day the violation remains thereafter to 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 requestedfrom 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 3,2011.
Total Amount Due: $112.56
31. CASE NO: CESD20100003742
OWNER: SANDRA L. CASTRO
OFFICER: INVESTIGA TOR TONY ASARO
VIOLA TIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS
AMENDED, SECTION 10.02.06(B)(I)(a) AND FLORIDA BUILDING CODE 2007
EDITION, CHAPTER 1 PERMITS, SECTION 105.1. FENCE AND
STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY
BUILDING PERMIT(S).
FOLIO NO: 40060360106
VIOLATION ADDRESS: 3950 31ST A VENUE NE, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/21/11
The respondents were not present.
Investigator Asaro presented the case.
Evidence Entered: Composite Exhibit A -2 photos dated 3/22/10
Composite Exhibit B-2 photos dated 6/15/1 0
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to
1. Obtain all valid Collier County Building or Demolition Permits, all required
inspections and a Certificate of Completion or Occupancy to permit or remove the
fence and structures before June 3,2011, 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
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.
13
May 3, 2011
3. Pay the Operational Costs of $112.56 incurred by Code Enforcement during the
prosecution of the case on or before June 3,2011.
Total Amount Due $112.56
33. CASE NO: CEAU20110002303
OWNER: ALEXANDER O. & CRISTINA ULA TE
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTION 5.03.02(A). FENCE IS DAMAGED.
FOLIO NO: 36240840007
VIOLATION ADDRESS: 2001 51ST STREET SW, NAPLES
Date of Hearing Notice by certified mail: 4/20/11
Date of Heating Notice Property/Courthouse Posting: 4/22/11
The respondents were not present.
Investigator Paul presented the case.
Evidence Entered: Composite Exhibit A -3 photos
Finding the Notice of Hearing was properly served the Respondent was found
GUILTY of the alleged violation and ordered to:
1. Make all repairs to thefence as necessary by replacing wood boards, repairing any
holes in the fence and painting any worn surfaces or obtain all necessary approvals
to remove the fence on or before May 10,2011, 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
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 $112.47 incurred by Code Enforcement during the
prosecution of the case on or before June 3,2011.
Total Amount Due $112.47
C. Emergency Cases:
None
VII. NEW BUSINESS - Continued
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20100017761
OWNER: HENRY J. TESNO & JILL J. WEAVER
OFFICER: INVESTIGATOR AZURE BOTTS
14
May 3, 2011
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
ARTICLE VI, SECTION 22-231(15). REPEAT VIOLATION OF SINGLE
FAMILY SWIMMING POOL FILLED WITH GREEN ALGAE/STAGNANT
WATER.
FOLIO NO: 71800000527
VIOLATION ADDRESS: 3117 ARECA AVENUE, NAPLES
Date of Hearing Notice by Certified Mail: 4/20/11
Date of Hearing Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Scavone presented the case.
The violation has been abated as of 2/28/11.
Special Magistrate Order No.: 1/14/11 - OR4647 - Page 3254
Fine Amount: $500.00 day
Duration: 1/20/11 - 2/20/11 ( 40 days)
Total Fine Amount: $20,000.00
Unpaid Abatement Costs: $683.00
Unpaid Operational Costs: $112.64
Total to Date: $20,795.64
The Special Magistrate GRANTED the County's Motionfor Imposition of Fin es for a
total amount due of $20,795.64 Said amount to become a lien on the property.
2. CASE NO: CEPM20100009984
OWNER: ALBERT HOUSTON SR
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231 (12)(b), (12)(d), (12)(p), (12)( c), (12)(i),
(12)(1), (8), NUISANCES SPECIFIED, AND COLLIER COUNTY CODE OF
LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-243. VACANT/ABANDONED
UNSECURED STRUCTURE USED FOR PROSTITUTION AND DRUG
ACTIVITY WITH NUMEROUS PROPERTY MAINTENANCE VIOLATIONS
TO INCLUDE BUT NOT LIMITED TO: LEAKS IN THE ROOF, EXPOSED
ABOVE GROUND SEWER PIPES, BROKEN WINDOWS, INTERIOR AND
EXTERIOR WALLS IN A POOR CONDITION, ETe.
FOLIO NO: 66930160009
VIOLA TION ADDRESS: 433 CARVER STREET, IMMOKALEE
Date of Hearing Notice by Certified Mail: 4/20/11
Date of Hearing Notice Property/Courthouse Posting: 4/18/11
The respondents were not present.
The violation has been abated.
Investigator Snow presented the case.
Special Magistrate Order No.: OR4597 - Page 1009
Fine Amount: Part B - $250.00 day; Part C $250.00
Duration: Part B: 8/9/10 - 2/4/11 (180 days); Part C: 8/21/10 - 2/4/11 (168 days)
Total Fine Amount: Part B - $45,000.00; Part C - $42,000.00
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May 3, 2011
Unpaid Abatement Costs: $6,380.00
Unpaid Operational Costs: $112.73
Total to Date: $93,413.53
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a
total amount due of $93,413.53. Said amount to become a lien on the property.
4. CASE NO: CEPM20100003242
OWNER: ABEL D. & SARA ACCILIO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12) ( c). MAIN STRUCTURE WITH ROOF
DAMAGE.
FOLIO NO: 64701126902
VIOLA TION ADDRESS: 907 SUMMERFIELD DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 4/21/11
Date of Hearing Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Perez presented the case.
The violation has not been abated as of 5/3/11.
Special Magistrate Order No.: OR4654 - Page 2443
Fine Amount: $100.00 day
Duration: 2/19/11 - 5/3/11 (74 days)
Total Fine Amount: $7,400.00
Unpaid Operational Costs: $112.38
Total to Date: $7,512.38
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a
total amount due of $7,512.38 Said amount to become a lien on the property. Fines
continue to accrue.
5. CASE NO: CEPM20100019812
OWNER: BETTY FREDERICK & KAREN L. DONNADlO
OFFICER: INVESTIGA TOR CARMELO GOMEZ
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231 (15). GREEN POOL.
FOLIO NO: 36001560005
VIOLATION ADDRESS: 2975 45TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 4/21/11
Date of Hearing Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Gomez presented the case.
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May 3, 2011
The violation has been abated as of 2/28/11.
Special Magistrate Order No.: OR4647 - Page 3149
Fine Amount: $250.00 day
Duration: 1/22/11 - 2/28/11 (37 days)
Total Fine Amount: $9,250.00
Unpaid Abatement Costs: $897.00
Unpaid Operational Costs: $112.29
Total to Date: $10,259.29
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a
total amount due of $10,259.29. Said amount to become a lien on the property.
6. CASE NO: CEPM20100020893
OWNER: REUBEN T. REINSTEIN EST
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
ARTICLE VI, SECTION 22-231 (15). SWIMMING POOL THAT IS NOT BEING
MAINT AINED.
FOLIO NO: 36613600007
VIOLA TION ADDRESS: 4460 3RD A VENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 4/20/11
Date of Hearing Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Mucha presented the case.
The violation has been abated.
Special Magistrate Order No.: 1/14/11 - OR4647 - Page 3268
Fine Amount: $250.00 day
Duration: 1/22/11 - 2/16/11 (26 days)
Total Fine Amount: $6,500.00
Unpaid Abatement Costs: $1,041.50
Unpaid Operational Costs: $112.56
Total to Date: $7,654.06
The Special Magistrate GRANTED the County's Motion for Imposition of Fin es for a
total amount due of $7,654. 06. Said amount to become a lien on the property.
7. CASE NO: CESD20100018348
OWNER: PALMIRA MUNOZ
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLA TIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTION 10.02.06(B)(I)(a). UNPERMITTED SHED LOCATED IN THE REAR
YARD OF THE PROPERTY.
FOLIO NO: 35774720005
VIOLA TION ADDRESS: 2051 44TH TERRACE SW, NAPLES
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May 3, 2011
Date of Hearing Notice by Certified Mail: 4/20/11
Date of Hearing Notice Property/Courthouse Posting: 4/12/11
The respondents were not present.
Investigator Mucha presented the case.
The violation has been abated as of 4/18/11.
Special Magistrate Order No.: OR4671 - Page 2325
Fine Amount: $250.00 day
Duration: 4/5/11 - 4/18/11 (14 days)
Total Fine Amount: $3,500.00
Unpaid Operational Costs: $112.29
Total to Date: $3,612.29
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a
total amount due of $3,612.29. Said amount to become a lien on the property.
9. CASE NO: CESD20100004916
OWNER: SERGIO G. & PATRICIA SALINAS
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLA TIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS,
SECTION 105.1. EXPIRED PERMIT #2001l00506-NEVER CO-ED.
FOLIO NO: 35993680007
VIOLATION ADDRESS: 2756 47TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 4/21/11
Date of Hearing Notice Property/Courthouse Posting: 4/18/11
The respondents were not present.
Investigator Gomez presented the case.
The violation has not been abated as of 5/3/11.
Special Magistrate Order No.: OR4671 - Page 2313
Fine Amount: $100.00 day
Duration: 4/5/11 - 5/3/11 (29 days)
Total Fine Amount: $2,900.00
Unpaid Operational Costs: $112.38
Total to Date: $3,012.38
The Special Magistrate GRANTED the County's Motion for Imposition of Fin es for a
total amount due of $3,612.29. Said amount to become a lien on the property. Fines
continue to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order
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May 3, 2011
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
Referenced in Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: June 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 12:27 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
The Minutes weye approved by the Special Magistrate on
as presented ~, or as amended .
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