CESM Minutes 06/03/2011
June 3, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 3, 2011
LET IT BE REMEMBERED that the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 A.M. 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:
June 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
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 - May 3, 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
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
S0157399-CE EX20 11 0005841
RICHARD J. MCAFEE
CORPORAL KINCAID
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
WATER PARK, 15000 LIVINGSTON RD, NAPLES
S0173480-CEEX20110004013
KEVIN E. BURKE
DEPUTY PAIGE LONG
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE, BLOCKING ACCESS
WALMART/41 AND IMMOKALEE, NAPLES
S0158543-CEEX20 11 0005560
GEORGE L. KOPPEL
DEPUTY M. HERNANDEZ
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
6800 COLLIER BLVD, NAPLES
PR045932-CEEX20110005474
GEORGE J. LAWLER
PARK RANGER ROGER RIECK
CODE OF LAW & ORD., SEC. 130-66
UNLAWFUL AREA
BAREFOOT BEACH PRESERVE, NAPLES
PR042413-CEEX20110004702
KEVIN SULLIVAN
PARK RANGER BARRY GORNIAK
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLA Y PARKING RECEIPT, PERMIT EXPIRED DEC 2010
SOUTH MARCO ACCESS, MARCO ISLAND
CESD20100017536
PEBBLE BROOKE LAKES MASTER ASSOCIATION INC.
INVESTIGATOR JEFF LETOURNEAU
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMlTS, SECTION 105.1. A
POOL GATE WITH ELECTRIC, MODIFIED WITHOUT FIRST OBTAINING A COLLIER
COUNTY FENCE PERMIT.
66262000028
8610 PEBBLEBROOKE DRIVE, NAPLES
2
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
CEV201l0006381
ORALIA HINOJOSA
INVESTIGATOR MARIA RODRIGUEZ
CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-97(4).
COMMERCIAL BUS AND COMMERCIAL FIELD TRUCK PARKED ON RESIDENTIAL
ZONED PROPERTY.
77080008
802 PINE COURT, IMMOKALEE
CENA201l0004432
MARIO P. DUENEZ
INVESTIGATOR ED MORAD
COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIRONMENT, ARTICLE VI
WEEDS, LITTER, AND EXOTICS, SECTION 54-181. UNAUTHORIZED ACCUMULATION
OF LITTER.
30733840002
1302 APPLE STREET, IMMOKALEE
CEPM20090007445
ZACK MOEN AND GRETCHEN MOEN
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY PROPERTY MAINTENANCE CODE 2004-58, SECTION 12. THE LEFT
REAR CORNER OF THE PROPERTY WAS BURNED IN A HOUSE FIRE.
37923600000
4645 I3'H A VENUE SW, NAPLES
CESD20100002960
LEO BARDO GUTIERREZ AND MARITZA GUTIERREZ
INVESTIGATOR TONY ASARO
FLORIDA BUILDING CODE, 2007, CHAPTER 1 PERMITS, SECTION 105.1. CORRALS
ERECTED WITHOUT COLLIER COUNTY BUILDING PERMIT(S).
39655120005
1815 47T11 AVENUE NE, NAPLES
3
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
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:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20090012012
ERNIE J. BLAIN AND DELA YNA BLAIN
INVESTIGATOR TONY ASARO
FLORIDA BUILDING CODE 2004 EDITION, CHAPTER I, SECTION 105. I AND SECTION
111.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06(B)(I)(e)(i). ELECTRIC AND PLUMBING ADDED TO BUILDING WITHOUT
PERMITS.
37880000109
1750 24'H A VENUE NE, NAPLES
CENA20100006172
KATHERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54-179 AND
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: METALS, WOOD,
PLASTICS, HOUSEHOLD TRASH, RUSTED BROKEN BICYCLES, OLD CAR PARTS, AND
TIRES THROUGHOUT THE PROPERTY.
36814240004
660 29l'H STREET SW, NAPLES
CEPM20100008671
KATHERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15). GIS PROPERTY APPRAISER SATELLITE IMAGERY FROM THE YEARS 2005
TO 2010 SHOWS THE POOL ON THIS PROPERTY HAS BECOME STAGNANT,
POLLUTED AND UNSIGHTLY.
36814240004
660 29TH STREET SW, NAPLES
CEAU20100009395
SILVIA DERRICK
INVESTIGATOR DANNY CONDOMINA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION
5.03.02(A). FENCE IN DISREPAIR.
62704240007
616 92ND A VENUE N, NAPLES
4
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
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:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100014261
NICHOLAS K. WILLIAMS AND LETITIA ANNE WILLIAMS
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). POOL HAS GREEN WATER AND POOL COVER DAMAGED.
5 I 978000783
14872 INDIGO LAKES CIRCLE, NAPLES
CESD20100018577
WYNETA THELICE
INVESTIGATOR RENALD PAUL
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1.
UNPERMITTED FENCE.
36320280008
5472 27TH PLACE SW, NAPLES
CEAU20110000019
ADRIANA ARIZMENDI AND JOSE ARIZMENDI
INVESTIGA TOR 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 48T11 STREET SW, NAPLES
CESD20110000031
BETTY FREDERICK AND 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 STREET SW, NAPLES
CEPM20090015732
CITlBANK
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12c, 121, 12p, AND 19. VACANT STRUCTURE WITH
BOARDED UP WINDOWS AND ROOF DAMAGE. ROOF DAMAGE HAS CAUSED
DAMAGE TO THE INTERIOR OF THE STUCTURE TO INCLUDE THE CEILING AND
WALLS.
62632680001
612 102ND AVENUE N, NAPLES
5
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
1 I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEPM20100019213
CITlBANK
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI
SECTION 22-231 (19). VACANT STRUCTURE WITH BEE INFEST A TION IN THE SOFFIT
AND REAR EXTERIOR WALL.
62632680001
612 I02ND AVENUE N, NAPLES
CEPM20100018618
RENEE LYNN CRAVO
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), AND (l2)(n). MISSING POOL CAGE SCREENS AND GREEN POOL.
54523006582
8313 LAUREL LAKES WAY, NAPLES
A. Motion to Amend Previously Issued Order:
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080003635
BRIAN CHRISTOPHER AND SYLVIA CHRISTOPHER
INVESTIGATOR JOHN CONNETT A
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTION 15. PRIVATE POOL MAINTENANCE VIOLATION.
WATER IS IN ALGAED AND STAGNANT CONDITION.
68827502859
431 IBIS WAY, NAPLES
CEPM20080008180
GRACIELA N. SUSl
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE II FLORIDA BUILDING CODE, SECTION 22-
26(103.11.2). NO PROTECTIVE BARRIER SURROUNDING SWIMMING POOL.
49660105665
2130 MORNING SUN LANE, NAPLES
B. Motion to Rescind Previously Issued Order:
6
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: July 1, 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
7
June 3, 2011
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:01 A.M. All
those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
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: 9:14A.M.
RECONVENED: 9:34 A.M.
II. APPROVAL OF AGENDA
Jen Baker, Code Enforcement Supervisor noted the following modifications to the Agenda (listed
below as item number):
Under Item VI.A - Motion for Imposition of Fines
· 9 - CASE NO: CEPM20090015732 - CITIBANK to become Item IV.A.l - Motion for
Abatement of Fines
· 10. - CASE NO: CEPM20100019213 - CITIBANK - to become Item IV.A.2 - Motion
for Abatement of Fines
Under Item IV.C - Motion for Extension of Time
· 1- Addition of CASE NO: CESD20100021808 - FOODLANDS SUPERMARKET, LLC.
Under Item V.B - Hearings
· 6 - CASE NO: CESD20100017536 - PEBBLEBROOKE LAKES MASTER
ASSOCIATION INC. to become Item IV.B.l- Motion for Continuance
· 7 - CASE NO: CEV20110006381 - ORALIA HINOJOSA to become Item V.A.l -
Stipulations
· 9 - CASE NO: CEPM20090007445 - ZACK MOEN AND GRETCHEN MOEN - to become
Item V.A.2 - Stipulations
Under Item V.B - Hearings
The following cases were withdrawn (listed below as Agenda numbers)
· 3 - CASE NO: SOI58543-CEEX20110005560 - GEORGE L. KOPPEL
· 5 - CASE NO: PR042413-CEEX20110004702 - KEVIN SULLIVAN
· 8 - CASE NO: CENA20110004432 - MARIO P. DUENEZ
Under Item V.B - Hearings
The following cases were dismissed (listed below as Agenda numbers)
· 1 - CASE NO: SOI57399-CEEX20110005841 - RICHARD J. MCAFEE
· 2 - CASE NO: SOI73480-CEEX20110004013 - KEVIN E. BURKE
Under V.C - Emergency Cases
The following items were added to the Agenda:
· 1- CASE NO: CEPM201000017179 - FERNANDO I. AND JESSICA VALERO
· 2 - CASE NO: CEPM20110001534 - FERNANDO I. AND JESSICA VALERO
2
June 3, 2011
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES - May 3, 2011
The Minutes o/the Special Magistrate Hearing held on May 3,2011 were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
1. CASE NO: CEPM20090015732
OWNER: CITIBANK
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12c, 12i, 12p, AND 19. VACANT STRUCTURE WITH
BOARDED UP WINDOWS AND ROOF DAMAGE. ROOF DAMAGE HAS CAUSED
DAMAGE TO THE INTERIOR OF THE STUCTURE TO INCLUDE THE CEILING AND
WALLS.
FOLIO NO: 62632680001
VIOLA TION
ADDRESS: 612 102ND AVENUE N, NAPLES
Investigator Mucha represented the County and testified the fine proposed is $31,500.00
($250.00 day for 126 days).
Dennis Frechett, Collier County Realty Corporation represented the Respondent and testified
the delays were due to the normal logistics of obtaining authorizations from the bank, obtaining
permits from the County, contractor completion of the work, etc. The violations were abated as
soon as feasibly possible by demolition of the structure.
The Special Magistrate GRANTED the County's motion/or Imposition 0/ Fine and reduced
thefine to $2,500.00.
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100019213
CITIBANK
INVESTIGA TOR JOSEPH MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI
SECTION 22-231 ( 19). VACANT STRUCTURE WITH BEE INFESTATION IN THE SOFFIT
AND REAR EXTERIOR WALL.
62632680001
612 102ND A VENUE N, NAPLES
Investigator Mucha represented the County and testified the fine proposed is $32,500.00
($250.00 day for 129 days).
Dennis Frechett, Collier County Realty Corporation represented the Respondent and testified
the delays were due to the normal logistics of obtaining authorizations from the bank, obtaining
permits from the County, contractor compleetion of the work, etc. The violations were abated
as soon as feasibly possible by demolition of the structure.
The Special Magistrate GRANTED the County's motion/or Imposition 0/ Fines and reduced
thefine to $500.00.
B. Motion for Continuance
3
June 3, 2011
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100017536
PEBBLE BROOKE LAKES MASTER ASSOCIATION INC.
INVESTIGA TOR JEFF LETOURNEAU
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1. A
POOL GATE WITH ELECTRIC, MODIFIED WITHOUT FIRST OBTAINING A COLLIER
COUNTY FENCE PERMIT.
66262000028
8610 PEBBLEBROOKE DRIVE, NAPLES
Supervisor Letourneau presented the request and testified Mr. Lance Parmelee of Sunburst
Management Corporation has requested a continuance on behalf of the property owner. Mr.
Parmelee is out of town today and could not attend the hearing. The issue has been on-going
over lenghy period of time (since August of2010) including denied County permit applications.
The Special Magistrate read the letter of request into the record which indicated the Respondent
now understands what is required for compliance and intends to abate the violation prior to the
July 1, 2011 Special Magistrate hearing.
The Special Magistrate GRANTED the Respondent's request and continued the item until July
1,2011. She requested sta/fto contact the Board of Directors of the
Homeowners/Condominium Association and notify them of the decision and request them to
provide written authorization stating the management company may represent them in the case
and the ramifications of the violation.
C. Motion for Extension of Time
1. CASE NO.: CESD20100021808
OWNER: FOODLANDS SUPERMARKET, LLC.
FOLIO NO.: 35931160000
VIOLATION: VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED,
SECTION 10.02.06(B)(1)(A)
ADDRESS: 11845 COLLIER BLVD. NAPLES FL
The Respondent was not present.
Investigator Mucha presented the request and testified the Respondent has requested a 45 day
Extension of Time to abate the violation. The contractor involved had a major health issue and
could not complete the work on time.
The Special Magistrate GRANTED a 45 day Extension of Time to abate the violation.
V. PUBLIC HEARINGS
A. Stipulations
7. CASE NO: CEV20110006381
OWNER: ORALIA HINOJOSA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-97(4).
COMMERCIAL BUS AND COMMERCIAL FIELD TRUCK PARKED ON RESIDENTIAL
ZONED PROPERTY.
FOLIO NO: 77080008
VIOLA TION
ADDRESS: 802 PINE COURT, IMMOKALEE
4
June 3, 2011
The Hearing was requested by Code Enforcement Investigator Maria Rodriguez who was
present.
The Stipulation was entered into by the Respondent Oralia Hinjosa (represented by Betsy Zarte)
May 31, 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 $112.29 incurred in the prosecution of this case by
July 2,2011.
2. Abate all violations by: Cease/stop parking commercial vehicleslcommercial equipment on
her property, which is zoned residential single family from today's hearing. If at anytime
said violation is witnessed after today's hearing, the property owner will be deemed a repeat
o/fender and a hearing will be scheduled to determine costs and impose the payment of
reasonable enforcement fees upon the repeat violator.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator peiform 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: $112.29
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20090007445
ZACK MOEN AND GRETCHEN MOEN
INVESTIGATOR JOSEPH MUCHA
COLLIER COUNTY PROPERTY MAINTENANCE CODE 2004-58, SECTION 12. THE LEFT
REAR CORNER OF THE PROPERTY WAS BURNED IN A HOUSE FIRE.
37923600000
4645 13 TH AVENUE SW, NAPLES
The Hearing was requested by Code Enforcement Investigator Mucha who was present.
The Stipulation was entered into by the Respondent Zach Moen, June 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. 82 incurred in the prosecution of this case by
September 3, 2011.
2. Abate all violations by obtaining a Collier County building permit or demolition permit,
inspections; and certificates of completion/occupancy by June 3,2012 or afine of $250.00
per day will be imposed for each day the violation continues.
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.
5
June 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 Due: $112.82
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CESD20090012012
OWNER: ERNIE J. BLAIN AND DELA YNA BLAIN
OFFICER: INVESTIGA TOR TONY ASARO
VIOLATIONS: FLORIDA BUILDING CODE 2004 EDITION, CHAPTER 1, SECTION 105.1 AND SECTION
111.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
1O.02.06(B)(1)(e)(i). ELECTRIC AND PLUMBING ADDED TO BUILDING WITHOUT
PERMITS.
FOLIO NO: 37880000109
VIOLA TION
ADDRESS: 1750 24TH AVENUE NE, NAPLES
Investigator Asaro represented the County and stated the fines proposed are $2,200.00
Ernie Blain, the respondant was present and testified he abated the violation as soon as
financially possible and stayed in constant contact with Code Enforcement regarding the issue.
The Special Magistrate DENIED the County's motion for Imposition of Fines.
BREAK: 10:42AM
RECONVENED: 11 :05AM
V. PUBLIC HEARINGS - Continued
B. Hearings
4. CASE NO: PR045932-CEEX20110005474
OWNER: GEORGE J. LAWLER
OFFICER: PARK RANGER ROGER RIECK
VIOLATIONS: CODE OF LAW & ORD., SEe. 130-66
UNLA WFUL AREA
VIOLATION
ADDRESS: BAREFOOT BEACH PRESERVE, NAPLES
Date of Certified Mail and Receipt: 5/19/11 and 5/25/11
The Respondent was not present.
Evidence entered: Composite Exhibit A - 2 photos depicting the violation.
Ranger Rieck presented the case and testified the violation occurred on April 18, 2011 in an
area of the Preserve cordoned off by traffic cones. The area is not posted with signage but it is
clear to the public the area is "no parking." There were numerous available parking spaces in
close proximity to the area in question.
The Special Magistratefound the Respondent GUILTY of the violation and was ordered to
pay a $30.00fine, $50.00 A dmin istrativefee and $5.00 Operationfeefor a total of assessment
$85.00 by July 2,2011.
Total Due: $85.00
6
June 3, 2011
10. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100002960
LEOBARDO GUTIERREZ AND MARITZA GUTIERREZ
INVESTIGATOR TONY ASARO
FLORIDA BUILDING CODE, 2007, CHAPTER 1 PERMITS, SECTION 105.1. CORRALS
ERECTED WITHOUT COLLIER COUNTY BUILDING PERMIT(S).
39655120005
1815 4 7TH AVENUE NE, NAPLES
Date of Certified Mail and Property/Courthouse Posting: 5/19/11 and 5/17/11.
The Respondent was not present.
Evidence entered: Composite Exhibit A - 2 photos dated 2/15/1 0 depicting the violation.
Investigator Asaro presented the case and testified the Respondent has obtained the necessary
building permits but has not complied with the necessary inspections for a Certificate of
Completion.
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 $112.38 incurred in the prosecution of this case by July
2,2011.
2. Abate all violations by obtaining a Collier County building permit or demolition permit,
inspections; and certificates of completion/occupancy to permit the structure by July 2, 2011 or
afine of $1 00. 00 per day will be imposedfor each day the violation continues.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator peiform 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. If the Respondent fails to abate the violation the County
may abate the violation and may use the assistance of the Collier County Sheriff's Office to
enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Due: $112.38
C. Emergency Cases
1. CASE NO. CEPM201000017179
OWNER: FERNANDO I. AND JESSICA VALERO
OFFICER: CRISTINA PEREZ
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, FLORIDA BUlLIDNG CODE
2007 EDITION, SECTION 424.2.14, SUBSECTION 424.2.14.1 (424.2.17.1 THROUGH
424.2.17.1.14) AND CHAPTER 22 BUILDINGS AND BUILDING REGULAITONS ,
ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)
FOLIO NO.: 38509720002
ADDRESS: 14231 IMMOKALEE RD., NAPLES, FL 34120
The Respondents were not present.
Investigator Perez presented the case and testified
Evidence entered: Composite Exhibit A - 2 photos dated 6/1111 depicting the violation.
7
June 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 the Operational Costs of $112.29 incurred by Code Enforcement during the
prosecution of the case on or before July 2,2011.
2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to
maintain clean pool water andfiltration system on or before June 10, 2011 or afine of
$250.00 per day will be imposedfor each day the violation remains thereafter or;
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards on or before June 10,2011 or afine of $250. 00 per day will be
imposedfor each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. Install a temporary barrier around the pool by June 6,2011 or afine of $250. 00 a day will
be imposed.
5. Obtain all Collier County Building permits and related inspections for installation of a
permanent barrier around the pool on or before July 2,2011 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.
6. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator peiform a site inspection to confirm compliance. If the Respondent has not
complied by the deadline the County is authorized to abate the violation by contractor bid
out and assess the costs to the property owner. Ifnecessary assistance may be requested
from the Collier County Sheriff's Office to enforce the provisions of the Order.
Total Amount Due: $112.29
2. CASE NO. CEPM20110001534
OWNER: FERNANDO I. AND JESSICA VALERO
OFFICER: CRISTINA PEREZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI, SECTION 22-243)
FOLIO NO.: 38509720002
ADDRESS: 14231 IMMOKALEE RD., NAPLES, FL 34120
The Respondents were not present.
Investigator Perez presented the case and testified.
Evidence entered: Composite Exhibit A - 7 photos dated 6/1/11 depicting the violation
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the
prosecution of the case on or before July 2,2011.
2. Obtain a valid Collier County Building Permits, all required inspections and a Certificate
of Completion to restore the doors and windows to a permitted condition on or before June
10,2011, 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;
3. Obtain a Collier County "Boarding Certificate" and "board" the windows and doors on or
before June 10,2011 and subsequently restore the windows to a permitted condition
(permit specifications per condition #1) on or before December 3,2011, or afine of
$250.00 and per day will be imposedfor each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
8
June 3, 2011
4. 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. Ifnecessary, assistance may be requested
from the Collier County Sheriff's Office to enforce the terms of the Stipulation.
Total Due: $112.20
VII. NEW BUSINESS - Continued
B. Motion for Imposition of Fines:
2. CASE NO: CENA20100006172
OWNER: KATHERINE SHEFFIELD
OFFICER: INVESTIGA TOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54-179 AND
SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: METALS, WOOD,
PLASTICS, HOUSEHOLD TRASH, RUSTED BROKEN BICYCLES, OLD CAR PARTS, AND
TIRES THROUGHOUT THE PROPERTY.
FOLIO NO: 36814240004
VIOLA TION
ADDRESS: 660 29TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/23/11
The respondents were not present.
Investigator Perez presented the case.
The violation has been abated as of 4/1/11.
Special Magistrate Order No.: OR4635 - Page 834
Fine Amount: $100.00 day
Duration: 12/11/10 - 4/1/11 (112 days)
Total Fine Amount: $11,200.00
Unpaid Abatement Costs: $4,247.00
Unpaid Operational Costs: $112.20
Total to Date: $15,559.20
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a total
amount due of$15,559.20. Said amount to become a lien on the property.
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100008671
KATHERINE SHEFFIELD
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15). GIS PROPERTY APPRAISER SATELLITE IMAGERY FROM THE YEARS 2005
TO 2010 SHOWS THE POOL ON THIS PROPERTY HAS BECOME STAGNANT,
POLLUTED AND UNSIGHTLY.
36814240004
660 29TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/23/11
The respondents were not present.
9
June 3,2011
Investigator Perez presented the case.
The violation has been abated as of 4/1/11.
Special Magistrate Order No.: OR4621 - Page 2533
Fine Amount: $250.00 day
Duration: 10/23/10 - 4/1/11 (161 days)
Total Fine Amount: $40,250.00
Unpaid Abatement Costs: $1,531.40
Unpaid Operational Costs: $112.38
Total to Date: $41,893.78
The Special Magistrate GRANTED the County's Motionfor Imposition of Finesfor a total
amount due of $41,893.78. Said amount to become a lien on the property.
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEAU20100009395
SIL VIA DERRICK
INVESTIGA TOR DANNY CONDOMINA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
5.03.02(A). FENCE IN DISREPAIR.
62704240007
616 92ND AVENUE N, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/17/11
The respondents were not present.
Investigator Condomina presented the case.
The violation has not been abated as of 6/3/11.
Special Magistrate Order No.: OR4672 - Page 1890
Fine Amount: $100.00 day
Duration: 4/9/11 - 6/3/11 (56 days)
Total Fine Amount: $5,600.00
Unpaid Operational Costs: $112.64
Total to Date: $5,712.64
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a total
amount due of $5, 712.64. Said amount to become a lien on the property. Fines continue to
accrue.
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA nON
ADDRESS:
CEPM20100014261
NICHOLAS K. WILLIAMS AND LETITIA ANNE WILLIAMS
INVESTIGA TOR CARMELO GOMEZ
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (15). POOL HAS GREEN WATER AND POOL COVER DAMAGED.
51978000783
14872 INDIGO LAKES CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/16/11
The respondents were not present.
10
June 3, 2011
Investigator Gomez presented the case.
The violation has been abated as of 4/27/11.
Special Magistrate Order No.: OR4654 - Page 2473
Fine Amount: $250.00 day
Duration: 2/12/11 - 4/27/11 (75 days)
Total Fine Amount: $18,750.00
Unpaid Abatement Costs: $653.72
Unpaid Operational Costs: $112.20
Total to Date: $19,515.92
The Special Magistrate GRANTED the County's Motionfor Imposition of Finesfor a total
amount due of $19,515.92. Said amount to become a lien on the property.
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100018577
WYNET A THELICE
INVESTIGA TOR RENALD PAUL
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1.
UNPERMITTED FENCE.
36320280008
5472 27TH PLACE SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/16/11
The respondents were not present.
Investigator Paul presented the case.
The violation has not been abated as of 6/3/11.
Special Magistrate Order No.: OR4675 - Page 1466
Fine Amount: $100.00 day
Duration: 5/2/11 - 6/3/11 (33 days)
Total Fine Amount: $3,300.00
Unpaid Operational Costs: $112.20
Total to Date: $3,412.20
The Special Magistrate GRANTED the County's Motionfor Imposition of Finesfor a total
amount due of $3,412.20. Said amount to become a lien on the property. Fines continue to
accrue.
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEA U2011 0000019
ADRIANA ARIZMENDI AND JOSE ARIZMENDI
INVESTIGATORRENALD 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 STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/16/11
The respondents were not present.
11
June 3, 2011
Investigator Paul presented the case.
The violation has not been abated as of 6/3/11.
Special Magistrate Order No.: OR4672 - Page 1886
Fine Amount: $100.00 day
Duration: 4/19/11 - 6/3/11 ( 46 days)
Total Fine Amount: $4,600.00
Unpaid Operational Costs: $112.38
Total to Date: $4,712.38
The Special Magistrate GRANTED the County's Motion for Imposition of Fin es for a total
amount due of $4, 712.38. Said amount to become a lien on the property. Fines continue to
accrue.
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20110000031
BETTY FREDERICK AND KAREN L. DONNADIO
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(1)(a). TWO UNPERMITTED SHEDS.
36001560005
2975 45TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/17/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has not been abated as of 6/3111.
Special Magistrate Order No.: OR4675 - Page 1470
Fine Amount: $100.00 day
Duration: 5/2/11 - 6/3/11 (33 days)
Total Fine Amount: $3,300.00
Unpaid Operational Costs: $112.38
Total to Date: $3,412.38
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a total
amount due of$3,412.38. Said amount to become a lien on the property. Fines continue to
accrue.
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CEPM20100018618
RENEE LYNN CRA VO
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), AND (12)(n). MISSING POOL CAGE SCREENS AND GREEN POOL.
54523006582
8313 LAUREL LAKES WAY, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/16/11
The respondents were not present.
12
June 3, 2011
Investigator Gomez presented the case.
The violation has been abated as of 4/27111.
Special Magistrate Order No.: OR4654 - Page 2475
Fine Amount: $250.00 day
Duration: 2/12/11 - 4/27/11 (75 days)
Total Fine Amount: $18,750.00
Unpaid Abatement Costs: $1,419.50
Unpaid Operational Costs: $112.20
Total to Date: $20,281.70
The Special Magistrate GRANTED the County's Motion for Imposition of Finesfor a total
amount due of $20,281. 70. Said amount to become a lien on the property.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20080003635
OWNER: BRIAN CHRISTOPHER AND SYLVIA CHRISTOPHER
OFFICER: INVESTIGATOR JOHN CONNETT A
VIOLA TIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTION 15. PRIVATE POOL MAINTENANCE VIOLATION,
WATER IS IN ALGAED AND STAGNANT CONDITION.
FOLIO NO: 68827502859
VIOLATION
ADDRESS: 431 IBIS WAY, NAPLES
Date of Hearing Notice by Certified Mail: 5/19/11
Date of Hearing Notice Property/Courthouse Posting: 5/18/11
The respondents were not present.
Investigator Bosa presented the case.
The violation has been abated as of 4114/11.
Special Magistrate Order No.: OR4383 - Page 0124
Fine Amount: $250.00 day
Duration: 7/26/08 - 4/14/11 (992 days)
Total Fine Amount: $248,000.00
Unpaid Abatement Costs: $880.80
Unpaid Operational Costs: $117,34
Total to Date: $248,998.14
The Special Magistrate GRANTED the County's Motion to Amend a Previously Issued Order
and Imposition of Fines for a total amount due of $248,998.14. Said amount to become a lien
on the property.
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20080008180
GRACIELA N. SUSI
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE II FLORIDA BUILDING CODE, SECTION 22-
26(103.11.2). NO PROTECTIVE BARRIER SURROUNDING SWIMMING POOL.
49660105665
2130 MORNING SUN LANE, NAPLES
13
June 3, 2011
Date of Hearing Notice by Certified Mail: 5/18/11
Date of Hearing Notice Property/Courthouse Posting: 5/16/11
The respondents were not present.
Supervisor Letourneau presented the case.
Part B: The violation has been abated as of 3/22/11.
Part C: Has not been abated as of 6/3/11.
Special Magistrate Order No.: Original- OR4502 - Page 789
Part B: Motion for Imposition of Fines (Denied) OR 4541 -
Page 1563
Fine Amount: Part C: $200.00/day
Duration: 12/03/09 - 6/3111 (547 days)
Total Fine Amount: $109,400.00
Unpaid Abatement Costs: $1,414.40 (Part B)
Unpaid Operational Costs: $117.70
Total to Date: $110,932.10
The Special Magistrate GRANTED the County's Motion to Amend a Previously Issued Order
and Imposition of Fines for a total amount due of $110,932.10. Said amount to become a lien
on the property and fines continue to accrue.
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
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: July 1, 2011 at 9:00 A.M. located at the Collier County Government
Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida.
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 12:04 PM.
14
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
The Minutes weo/approved by the Special Magistrate on
as presented ~, or as amended .
J~ \ t ~n
\
15
June 3, 2011