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CESM Minutes 07/01/2011 July I, 2011 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 1,2011 LET IT BE REMEMBERED 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 1 . - ._~."--~- HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: July 1,2011 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 RESPOr--;SII3LE 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 - June 3,2011 IV. MOTIONS A. Motion for Reductionl Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PVBLIC HEARINGS A. Stipulations I .,,",~.__o_.,_.,...,_ _-...-- ~.._- B. Hearings L CASE NO: S0174879-CEEX20110006949 OWNER: RITA S. ATKINSON OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW & ORD, SEe. 130-67 HAj\;DICAPPED SPACE. PARKED ON STRIPED ACCESS, VIOLATIOj\; ADDRESS: V ANDERBIL T BEACH TURN AROUND, j\;APLES 2, CASE NO: PR042532-CEEX20110007460 OWNER: MARK E. SHAW OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW & ORD" SEe. 130-66 PARKING IN VEHICLE WITH TRAILER ONLY AREA. VIOLATION ADDRESS: COCOHA TCHEE RIVER PARK 3, CASE NO: C0023 77 -CEVFH20 110006501 OWNER: MARlA TERESA MARTINEZ OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW & ORD" 4 (a), CHAPTER 142-33(c) OPERATED A VEH1CLE FOR HIRE ON THE PUBLIC STREETS IN THE COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY VEHICLE FOR HIRE LICENSE, VIOLATION ADDRESS: 4055 23R1) A VENUE SW, NAPLES 4, CASE NO: PU4966-CEEX20110006179 OWNER: ROBERT G. WESTLAKE AND LYNDSEY E. WILLIAMS OFFICER: OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SECTION 1.4 (G 2, 3, 4) A PREVIOUSLY LOCKED METER HAD THE LOCK BROKEN AND WATER TURNED BACK ON METER REMOVED FROM CURBSTOP BY D-9 VINNIE FROM WATER METERS, FOLIO NO: 54670004084 VIOLA TION ADDRESS: 154 LEA WOOD CIRCLE, NAPLES 5, CASE NO: PU4971-CEEX20110007030 OWNER: ROBERT G. WESTLAKE AND L YNDSEY E. W1LLIA:\IS OFFICER: OFFICER MIKE ANDRE SKY VIOLA TIONS: ORDINANCE 2001-73, SECTION L4(n) THE LOCK ON Cl;RBSTOP HAD BEEN REMOVED AND A llNCH PVC PIPE WAS COl'o.'NECTED TO CUSTOMER SIDE OF SERVICE. FOLIO NO: 54670004084 VIOLA TIOj\; ADDRESS: 154 LEA WOOD CIRCLE, j\;APLES 2 ~-_._.. _,,".._--~._-,"",--,,- -.-.-..-.-,- _ u ____~_n__.~......._~._~.,_.,__,_.. 6, CASE NO: CE005354-CEEX20110007356 OWNER: DONALD J, PENCE OFFICER: OFFICER R, ADDISON VIOLATIONS: CODE OF LAW & ORD" SEC 130-66 UNLAWFUL AREA, VIOLATION ADDRESS: 5555 GOLDEN GATE PKWY UNIT 113, NAPLES 7, CASE NO: PU4685-CEEX20110007162 OWNER: DEBORAH HAPSTAK OFFICER: OFFICER GEORGE CASCIO VIOLATIONS: ORDINANCE 2001-73, SEe. l.4(N) UN LA WFULL CONNECTION TO THE COUNTY WATER SYSTEM, FOLIO NO: 54670003069 VIOLATION ADDRESS: 382 LEA WOOD CIRCLE, NAPLES 8, CASE NO: DAS12112-CEEX20110007228 OWNER: MARIA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51, SEe. 8-1 B TO RUN AT LARGE, VIOLATION ADDRESS: ROADW A Y/35Tfr A VENUE NE, NAPLES 9, CASE NO: DAS12113-CEEX20110007230 OWNER: MARlA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51 SEe. 8-1 G TO THREATEN A PERSON LAWFULLY USING ANY ROAD RIGHT OF WAY, VIOLATION ADDRESS: ROADWAY/35TH AVENUE NE, NAPLES 10, CASE NO: DAS12141-CEEX20110007232 OWNER: MARIA RAMIREZ OFFICER OFFICER ANDRA DOHERTY VIOLATIONS: ORDINANCE 2008-51. SEe. 14-33(A)(2) ALLOWING A DOG TO RUN AT LARGE, VIOLATION ADDRESS: EVERGLADES BLVD N & 35111 A VENUE NE, NAPLES I I. CASE :-';0: DAS12515-CEEX20110007702 OWNER: TRISH LECOMTE OFFICER: OFFICER ANITA MARTINDALE VIOLATIONS: ORDINANCE C I, SEe 12 F AlLURE TO NEUTER A DOG THAT HAS BEEN IMPOUNDED, VIOLA TIOl' ADDRESS: 2660 IS11I AVE:-';UE SE, NAPLES 3 ..,.-..- ._._'" --,.,"...- ~.'-_.._- .-....--".--.----". 12, CASE NO: CESD20100017536 OWNER: PEBBLEBROOKE LAKES MASTER ASSOCIA nON INC. OFFICER: INVESTIGA TOR JEFF LETOURNEAU VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105, I, A POOL GATE WITH ELECTRIe. MODIFIED WITHOUT FIRST OBTAINING A COLLIER COUNTY FENCE PERMIT, FOLIO NO: 66262000028 VIOLATION ADDRESS: 86 I 0 PEBBLEBROOKE DRIVE, NAPLES 13, CASE NO: CENA20110002735 OWNER: HERMk"l ARRENDONDO OFFICER: INVESTIGATOR JOSEPH MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE VI, SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER ON THE PROPERTY FOLIO NO: 35745760007 VIOLATION ADDRESS: 2197 46TII TERRACE SW, NAPLES 14, CASE NO: CEPM20110004084 OWNER: JANET VIRGINIA STOKER OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF ORDINANCES CHAPTER 22, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(0), (I2)(p), (19), AND (5), DAMAGE TO INTERIOR DOORS AND FRAMES, MOLD IN AIR CONDITIONING VENT, WATER DAMAGE IN ONE OF THE ROOMS, MISSING SECTION OF THE CEILING, KITCHEN CABINETS DAMAGED BY WATER LEAK AND STOVE OVEN NON-FUNCTIONAL FOLIO NO: 36235560004 VIOLATION ADDRESS: 1755 54TH TERRACE SW, NAPLES 15. CASE NO: CEV20110001428 OWNER: JONAS MCCLURE OFFICER: INVESTIGATOR JOHN CONNETT A VIOLATIONS: CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-95, VEHICLE PARKED ON THE PROPERTY WITHOUT A VALID REGISTRATION PLATE AND/OR EXPIRED REGISTRATION PLATE, FOLIO NO: 65420680003 VIOLATION ADDRESS: 562 EASTWOOD DRIVE, NAPLES 16, CASE NO: CEPM20110003647 OWNER: FEDERAL NATIONAL MORTGAGE ASSN OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COL'NTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22-231 (15), (12)(1) GREE:-.i POOL AND DAMAGED SCREEN, FOLIO NO: 36121840003 VIOLA TION ADDRESS: 4973 21 Sf PLACE SW, :-.iAPLES 4 ~"_".~___"'''''o___'_V_ "' - ._~--_.~~._. 17, CASE NO: CESD20100003049 OWNER: W AI. TER O. BADO VEGA OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10,02.06(B)(l)(a), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105. I. SHED CONSTRUCTED ON PROPERTY WITHOUT OBTAINING PROPER COLLIER COUNTY BUILDING PERMIT, FOLIO NO: 40350400006 VIOLATION ADDRESS: 1920 EVERGLADES BLVD N, j\;APLES 18, CASE NO: CEPM20110004770 OWNER: ROGER DAI.E MOONEYHAM AND ROXIE MOONEYHAM OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (IS), (I2)(i). POOL IS GREEN AND UNABLE TO SECURE THE SCREEN ENCLOSURE DOOR AND THE DOOR TO THE FENCE, FOLIO NO: 36 110760000 VIOLATION ADDRESS: 4998 23RD COURT SW, NAPLES 19, CASE NO: CEV20110004638 OWNER: JOSEPH HOMICH III OFFICER: INVESTIGATOR JOSEPH MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-95, STORAGE OF VEHICLES WITHOUT CURRENT LICENSE PLATES AT THE PROPERTY. FOLIO NO: 35758000000 VIOLATION ADDRESS: 4448 ISTH AVENUE SW, NAPLES 20, CASE NO: CESD20100003657 OWNER: JOSHUA S. LAINHART AND MELANIE D. MEYER OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: 2007 FLORIDA BUILDING CODE CHAPTER I, SECTION 105.4.1, PERMIT NUMBER 2003052154 FOR SCREENED ADDITION EXPIRED ON DECEMBER 3, 2003, NO CERTIFICA TE OF COMPLETION OBTAINED, FOLIO NO: 37869920006 VIOLATION ADDRESS: 2170 20TH A VENUE NE, NAPLES 21. CASE NO: CEV20110007567 OWNER: CDRE TRADING LLC OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLA TIONS: COLLIER COUNTY LAND DEVELOPME:\T CODE 04-41, AS AMENDED, SECTION 4.05.03. VEHICLE 0:-< LAWN, FOLIO NO: 36560400004 VIOLATION ADDRESS: 2864 44 III STREET SW, NAPLES 5 '-'-""',. '-~"." --'~----'--"'- --- ,,~._~.~ -....-.-.'" - ..,_..---------- 22, CASE NO: CEPM20110004681 OWNER: DANNY L. NAIRN AND MARIE E. NAIRN OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). POOL NOT PROPERLY MAINTAINED, IN NEED OF WATER TREATMENT. FOLIO NO: 62761960100 VIOLATION ADDRESS: 753 93"D A VENUE N, NAPLES 23. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION 10,02,06(B)(I)(a), A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT, FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE 24, CASE NO: CESD20110002393 OWNER: CHARLES E. LEWIS AND CAROLYN MARIE MCALEAR LEWIS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION IO,02.06(B)(I)(a), TWO SHEDS ON THE PROPERTY WITHOUT OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 37692080003 VIOLATION ADDRESS: 175 25f1l A VENUE NW, NAPLES 25, CASE NO: CEPM20110004442 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (I2)(i), BROKEN/MISSING WINDOW. FOLIO NO: 35989080006 VIOLATION ADDRESS: 4724 25TH A VENUE SW, NAPLES 26, CASE NO: CESD20110004443 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUJ\iTY LAND DEVELOPMEl\T CODE 04-41, AS AMENDED, SECTION 10,02.06(B)( I Ita), SHED STRUCTljRE A TT ACHED TO HOUSE, FOLIO NO: 35989080006 VIOLATION ADDRESS: 472425'11I A VE:-.iUE SW, NAPLES 6 _._.__._..~. _.,~.._-,._-_._- -------... - "-----....--...---.-..- C. Emergency Cases: VI. NEW BUSINESS A, Motion for Imposition of Fines: I. CASE NO: CEROW20090015230 OWNER: ALAN D. MONTGOMERY ESTATE OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, SECTION 110-31 (a), SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY WITH NO PERMIT. FOLIO NO: 36239560000 VIOLATION ADDRESS: 5133 20TH COURT SW, NAPLES 2, CASE NO: CESD20100004761 OWNER: WILNER FRANCOIS AND SANDY ST. FLEUR OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105,1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION IO,02,06(B) (1)(a), PVC FENCE AROUND POOL, NEVER RECEIVED CERTIFICATE OF OCCUPANCY, FOLIO NO: 36560840004 VIOLATION ADDRESS: 2700 44'H STREET SW, NAPLES 3, CASE NO: CEPM20100005779 OWNER: TERRY D1LOZIR OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-23 I (IS), CHAPTER 22 ARTICLE II, SECTION 22-26 AND THE FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2,17, I, A PRIVATE DWELLING SWIMMING POOL WITH STAGNANT GREEN WATER WITHOUT A PROPER POOL BARRIER, FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CA TTS STREET, NAPLES 4. CASE NO: CEPM20100018515 OWNER: ELEANOR BUCHANAN OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: CODE OF LAWS A;-.ID ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-236 (2)(5) DANGEROUS BUILDING. ROOF CAVING AND IN A VERY POOR STATE WITH NUMEROUS PROPERTY MAINTENANCE VIOLA TlO;-.lS, STRUCTURE IS OPEl'; TO THE ELEMENTS. FOLIO NO: 1134801501 VIOLATION ADDRESS: 238 OLD TRAIN LAl'E, NAPLES 7 ,,~._..- ~.___'_S_,""_.' ., ._,~., 5, CASE NO: CESD20100004913 OWNER: SERGIO G. SALINAS AND PATRICIA SALINAS OFFICER: INVESTIGATOR CAIU"IELO GOMEZ VIOLATIONS: FLORIDA B1JILDlNG CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105, I AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION 10,02.06 (B)( I )(a) AND SECTION 10,02,06 (B)( 1)(e)(i), POOL NEVER RECEIVED CERTIFICATE OF OCCUPANCY AND THREE UNPERMITTED STRUCTURES (TWO SHEDS AND ONE BBQ PIT), FOLIO NO: 35993680007 VIOLATION ADDRESS: 2756 47TH STREET SW, NAPLES 6, CASE NO: CEPM20100009663 OWNER: NEAL SWEENEY Ai"'D MARY SWEE;\/EY OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (IS). UNMAINTAINED POOL WATER, DARK IN COLOR, FOLIO NO: 24791001983 VIOLATION ADDRESS: 1319 BARNSTABLE COURT, NAPLES 7, CASE NO: CEPM20100009970 OWNER: MOISE THE GENUS AND EMMELINE THEGENUS OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATlNS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (19), VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. FOLIO NO: 74029001841 VIOLATION ADDRESS: 2013 ROOKERY BAY DRIVE APT 1204, NAPLES 8, CASE NO: CEPM20100018182 OWNER: MT AG CUST FOR PINE ASSET MGMT OFFICER: INVESTIGATOR JAMES SEABASTY VIOLA TIO:-.iS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION(S) 22-231 (I2)(g), 22-231 (I2)(i), 22-231 (12)(1),22-243,22-23 I (12)(b), 22-242 (b), AND 22-231 (I2)(d). :V1UL TIPLE PROPERTY MAINTENANCE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO: MOLD THROUGHOUT EXTERIOR OF MOBILE HOME, PORCH AND STAIRS ROTTING, BROKEi': WINDOWS, BOARDED DOORS ETe FOLIO NO: 1132320000 VIOLA TION ADDRESS: 237 MCBETH WAY, NAPLES 8 -------"- "...,-~,'<'~-_., . -- -~-'" 9, CASE NO: CEPM20100019821 OWNER: IRENE CASTILLO AND BENITO ABRAHAM OFFICER: INVESTIGATOR JAMES KI]\;C AID VIOLATIONS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE SECTION 22-231( 19), LARGE BEE HIVE ON RESIDENTIAL PROPERTY FOLIO NO: 62091480004 VIOLA TIO]\; ADDRESS: 5229 MARTIN STREET, NAPLES 10. CASE NO: CEPM20110000743 OWNER: HSBC BANK USA NA TR ACE SECURITIES CORPORATION OFFICER: INVESTIGATOR CARMELa GOMEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22-231 (I2)(b)(n), AND SECTION 22-243, UNSECURED STRUCTURE, BROKEN/ MISSING SCREENS, FOLIO NO: 35980440001 VIOLATION ADDRESS: 4500 GOLDEN GATE PARKWAY, NAPLES VII, OLD BUSINESS A. Motion to Amend Previously Issued Order: I. CASE NO: CEPM20100017789 OWNER: ELVIS CAMACHO OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231, (15), UNMAINTAINED POOL AT THIS LOCATION, FOLIO NO: 38100840006 VIOLATION ADDRESS: 2725 70rH STREET SW, NAPLES B. Motion to Rescind Previously Issued Order: I. CASE NO: CENA20110001199 OWNER: PATRICIA J. CRETELLA AND RICHARD T. LA W FOLIO NO: 36966860002 9 - -----------..---" -....."-.--.,--.---...-.-..-'.-.--,. 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: August 5, 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 --,._~--<-,_._.-. ~~._-~,'~--","< --.--_._-----'- July I, 2011 I. CALL TO ORDER The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:02 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: l7 AM RECONVENED: 9:40 AM II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes listed below as Agenda item numbers: Under item V,B -- Hearings, the following cases were moved to item V,A - Stipulations: . 23 - CASE NO: CESD20110000968 - ETHEL MATA . 12 - CASE NO: CESD20l0001753 - PEBBLEBROOKE LAKES MASTER ASSOCIATION INC . 7 - CASE NO: PU4685-CEEX20110007162 - DEBORAH HAPSTAK . 4 - CASE NO: PU4966-CEEX20110006179 - ROBERT G, WESTLAKE AND I. YNDSEY E, WILLIAMS . 5 - CASE NO: PU4966-CEEX2011 0007030 - ROBERT G, WESTLAKE AND I. YNDSEY E, WILLIAMS Under Item V,B -- Hearings - The following cases were withdrawn (listed below as Agenda numbers): . I - CASE NO: SOl 74879-CEEX201 10006949 - RITA S, ATKINSON . 2 - CASE NO: PR042532-CEEX201] 0007460 - MARK E, SHAW . 6 - CASE NO: CE005354-CEEX20l10007356 - DONALD J, PENCE . 13 - CASE NO: CENA20110002735 - HERMAN ARRENDONDO . 14 - CASE NO: CEPM20110004084 - JANET VIRGINIA STOKER . 19 - CASE NO: CEV20110004638 - JOSEPH HOMICH lIT . 24 - CASE NO: CESD20110002393 - CHARLES E, LEWIS AND CAROLYN MARIE MCALEAR LEWIS Under V,C - Emergency Cases - The following items were added to the Agenda: . 1 - CASE NO: CEPM20110006479 - HULDA GEORGES . 2 - CASE NO: CEPM2011 0006480 - SHAD! OF NAPLES, INC. Under VLA - Motion for Imposition of Fines - The following case was withdrawn: . 10 - CASE NO: CEPM20110000743 - OWNER: HSBC BANK USA NA TR ACE SECURITIES CORPORATION 2 July I, 2011 The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES - June 3, 2011 The Minutes of the Special Magistrate Hearing held on June 3,2011 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 None V. PUBLIC HEARINGS A. Stipulations: L CASE NO: CESD20110000968 OWNER: ETHELMATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION IO,02,06(B)(I)(a), A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT, FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE The Hearing was requested by Code Enforcement Investigator Maria Rodriguez who was present The Stipulation was entered into by the Respondent Ethel Mata on June 29, 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$I12.12 incurred in the prosecution of this case by Augus/I, 2011. 2. Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition permit and request required inspections to be performed and pass thru a Certificate of Completion/Occupancy by November 1, 2011 or afine or $150.00 per day will be imposed until the 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 3 _. m__.__.. ""_"'_~",_.._<,_-"""",_.._.."~_..~"_.~.,,._',,_._~<. .~, ~.""--'- .. ~-""-'--' July I, 2011 confirm compliance within 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 Respondentfails 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 2, CASE NO: CESD20100017536 OWNER: PEBBLE BROOKE LAKES MASTER ASSOCIATION INC. OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105,]' A POOL GATE WITH ELECTRIC, MODIFIED WITHOUT FIRST OBTAINING A COLLIER COUNTY FENCE PERMIT, FOLIO NO: 66262000028 VIOLATION ADDRESS: 8610 PEBBLEBROOKE DRIVE, NAPLES The Hearing was requested by Code Enforcemenl Supervisor Jeff Letoumeau who was present. The Stipulation was entered into by the Respondent's representative Beverly Kueter on June 30, 2011. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: I. Pay operational costs in the amount of$112.29 incurred in the prosecution of this case by August 1,2011. 2. Abate all violations by: Obtaining a Collier County Fence Permit, all required inspections, and Certificate of Completion for the gate modification by September 1, 2011 or afine or $100.00 per day will be imposed until the 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 within 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 Respondentfails 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. 4 July I, 2011 Total Amounl Due: $112,29 3, CASE NO: PU4685-CEEX20110007162 OWNER: DEBORAH HAPST AK OFFICER: OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SEe. 1.4(N) UNLA WFULL CONNECTION TO THE COUNTY WATER SYSTEM, FOLIO NO: 54670003069 VIOLATION ADDRESS: 382 LEAWOOD CIRCLE, NAPLES Officer Mike Andresky represented the County, The Stipulation was entered into by the Respondent's representative Anthony Hapstak on June 30,2011, 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 $55.00 incurred in the prosecution of the case by August 1, 2011. Repair costs to be included in the water bill, no civil penalty. Total Due: $55,00 C. Emergency Cases 1. CASE NO: CEPM20110006479 OWNER: HULDA GEORGES OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: CODE OF LAW & ORD, - PROPERTY MAINTENANCE CODE 2004-58, SEC 12 FOLIO: 25580640004 VIOLATION ADDRESS: 211 WEST MAIN STREET, IMMOKALEE FL 34142 Investigator Snow requested the hearing, Leo Rodgers, Immokalee Fire District Fire Marshall was also present. The Respondent, Hulda Georges was present and was represented by Michel Lafleur, her husband, Evidence: Composite A - 5 photos submitted by Mr. Snow, Investigator Snow/Mr. Rodgers testified: . On May 14, 2011 a report was filed regarding a building at 211 West Main Street, Immokalee, FL that was damaged by a vehicle that struck a highway sign and the sign was propelled into the building, 5 July I, 2011 . An inspection on May 16, 2011 by Counly Officials revealed the fayade of the building had been damaged and was in poor condition and a danger to the public, . On May 16, 2011 the structure was declared a "Dangerous Building" by County Officials, Mr. Lafleur testified: . He agrees the building is a "Dangerous Building" however the timelines imposed create a financial hardship, They are currently awaiting settlements from Ihe insurance companies involved in the case, 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 incurre4 in the prosecution of the case by September 1,2011. 2. Obtain all Collier County building permits or demoliU()n permits and remove all refuse associated with the demolitiolt as necessary to a site suitable for disposal of said refuse with all inspections through a Certificate of Completion/Occupancy for said permit(s) by August 1, 2011 or afine of $250. 00 per day will be imposed until the violation is abated. 3. The business/restaurant is to remain closed until a Certificate of Completion/Occupancy is obtained. 4. In the event the business does open before the final Certificate of Occupancy is issued, a fine of $250. 00 per day will be imposed for each day the business is open until it is declared to be legally open. 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 within 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 Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Due: $112,29 2. CASE NO: CEPM20110006480 OWNER: SHADI OF NAPLES, INC. OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: CODE OF LAW & ORD, 2004-58 - PROPERTY MAINTENANCE CODE, 2004-58, SEC 12 FOLIO: 135480003 VIOLATION ADDRESS: 521 SOUTH FIRST STREET, IMMOKALEE FL 34142 6 -.-.,,-.- - July 1, 2011 Investigator Snow requested the hearing, Leo Rodgers, Immokalee Fire District Fire Marshall was also present. The Respondent was not present, Evidence: Composite A - photos taken 5/16/11 submitted by Mr. Snow, Investigator Snow/Mr. Rodgers testified: . Mr. Snow was requested to inspect the property on May 16, 2011 where a structure had been damaged by a fire, . Upon inspection by County Officials, the building was declareqa "Dangerous Building" on May 16,2011. . The fire occurred on March 22, 20 II and the cause of the fire is still under investigation, however the structure was released to the owner on March 25, 2011. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: I. Pay operational costs in the amount of $112.38 incurred in the prosecution of the case by August 1,2011. 2. Obtain all required Collier County building permits or demolition permits and remove all refuse associated with the demolition as necessary to a site suitable for disposal of said refuse with all inspections through a Certificate of Completion/Occupancy for said permit(s) by August 1,2011 or a fine of $250. 00 per day will be imposed until the violation is abated. 3. The business is to remain closed until a Certificate of Occupancy/Completion is obtained. 4. In the event the business does open before the final Certificate of Occupancy is issued, afine of $250. 00 per day will be imposedfor each day the business is open until it has been declared to be legally open. 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 within 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 Respondentfails 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: $112,38 B. Hearings 3, CASE NO: COO2377-CEVFH20110006501 7 July 1,2011 OWNER: MARIA TERESA MARTINEZ OFFICER: INVESTIGATOR MICHELLE CROWLEY VIOLATIONS: CODE OF LAW & ORD" 4 (a), CHAPTER 142-33(c) OPERATED A VEHICLE FOR HIRE ON THE PUBLIC STREETS TN THE COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY VEHICLE FOR HIRE LICENSE, VIOLATION ADDRESS: 4055 231<D AVENUE SW, NAPLES Investigator Michelle Crowley represented the County, Maria Teresa Martinez, The Respondent was present. Gladis Rodriguz, translator for Ms, Martinez was also present. Evidence Entered: 2 photos taken by Investigator Crowley dated May 13, 2011 Investigator Crowley testified: . A citation was issued for operating a Vehicle for Hire without proper County licenses, Ms. Martinez testified: . She didn't know a Vehicle for Hire license is required to provide transportation to friends/relatives, Aurora Blanco, "the client" testified (via a translator Carlos Cruz): . She was quoted a price of$IO,OO to be Iransported to Physicians Regional Hospital. . She does not personally know the Respondent and has not called her previously, 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 and Administrative Fees in the amoullt of $55. 00 incurred in the prosecution of the case by September 1,2011. 2. Pay afine in the amount of$1, 000. 00 by September 1,2011. 3. Said fine to be reduced by the amount of $650. 00 if the Respondent obtains a valid Collier County Vehicle for Hire License (VFH) by September 1, 2011. Total Due: $1,055,00 (reduced to $405,00 if a valid VFH license is obtained) I I, CASE NO: DAS12515-CEEX20110007702 OWNER: TRICIA LECOMTE OFFICER: OFFICER ANITA MARTINDALE VIOLATIONS: ORDINANCE C 1, SEe. 12 FAILURE TO NEUTER A DOG THAT HAS BEEN IMPOUNDED, VIOLATION ADDRESS: 2660 ISrH A VENUE SE, NAPLES 8 ""'''.---.-'-. ___.._....M.. ,--,-.-,-,..,---,- July 1,2011 Officer Zeitler presented the case, Tricia Lecomte was present. Thomas Lecomte was also present. The are appealing the citation, The Lecomte's testified: . Their Rotweiller "Cooper" was impounded when the County declared him a "Dangerous Dog", . The declaration was subsequently overturned, . During the impoundment "Cooper" became ill and had to be released to the Lecomtes, . A condition for release of the dog was it to be neutured at a later date when he recovered from his illness, . In came to light after his release, there is a Section in the Ordinance exempting the neuturing requirement if a veterinarian provides certain findings in writing, . Their vetemarian, Victor C. Brown, DVM, has indicated in a letter dated June 30,2011 it is not necessary to neuter Cooper (Respondent Exhibit #1), . They had contacted the vetemarian well before June 30, 2011 for a letter, but did not receive the letter until the 30th, . At this point, they do not want to neuter "Cooper." Officer Zeitler testified: . It is a requirement of the Ordinance, any animal impounded is to be spayed or neutered, . The animal was released due to "extenuating circumstances" and under the pretense he would be spayed or neutered, . Upon release the Lecomte paid the fee for the shelter to provide the service at a later date, . To date, the animal has not been neutured, . In addition, proof of rabies vaccination and an updated license needs to be obtained for Cooper. Special Magistrate Garretson noted Exhibit #1, (the letter) was issued after the deadline required in the Ordinance, Additionally, the wording is not in conformance with the requirements of the Ordinance, The Special Magistrate "TOOK THE CASE UNDER ADVISEMENT" alld requested the Respolldellt to: 1. Submit a letter from a veterillariall ill accordallce with the requiremellts of the Ordillallce illcludillg the date he was origillally cOlltacted regardillg this matter. 2. If lIecessary, obtaill allllecessary licelleses to brillg the dog illto cOllformallce with licellsillg stalldards for ullaltered dogs. Break: 12: 1 0 pm 9 "'-".._....~..".~,.~.__.... ~ July I, 2011 Reconvened: 12:33 pm Cases #8 and #9 were combined for hearing purposes, 8, CASE NO: DAS12112-CEEX20110007228 OWNER: MARIA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51, SEe. 8-1 B ALLOWING A DOG TO RUN AT LARGE, VIOLATION ADDRESS: ROADWAY/35TH AVENUE NE, NAPLES 9, CASE NO: DAS12113-CEEX20110007230 OWNER: MARIA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51 SEC, 8-1 G TO THREATEN A PERSON LA WFULLY USING ANY ROAD RIGHT OF WAY, VIOLATION ADDRESS: ROADWAY/35TH AVENUE NE, NAPLES Officer Zeitler represented the County, Maria Ramirez, the Respondent was present who was appealing the citations, Ms. Ramirez testified: . The dogs are small and reside in a fenced in area on the property, Officer Zeitler testified: . He received a complaint from the Collier County Sheriffs Department and responded and ascertained an Affidavit from one of the boys stating the dogs chased him and he outran them, 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 and Administrative Fees in the amount of $57.00 incurred in the prosecution of the case for each case by September 1, 2011 ($114. 00 total). 2. Pay afine in the amount of $100. 00 for each citation ($200.00 total). Total Due: $314,00 10, CASE NO: DAS12141-CEEX20110007232 OWNER: MARIA RAMIREZ OFFICER: OFFICER ANDRA DOHERTY VIOLATIONS: ORDINANCE 2008-51, SEe. 14-33(A)(2) ALLOWING A DOG TO RUN AT LARGE, VIOLATION ADDRESS: EVERGLADES BLVD N, & 35TH A VENUE NE, NAPLES 10 July I, 2011 Officer Zeitler represented the County, Maria Ramirez, the Respondent was present and appealing the citation, Ms. Ramirez testified: . On thc day of the incident the dog (a Shihtzu) was involved in an altercation with a Pit Bull at the gate of their fence enclosure, . During the confrontation lhe Shihtzu escaped through the gate and fled .the scene to escape the attack, . A passerby witnessed the attack a distance away from the residence,found the dog injured and transported it to the Humane Society, Officer Zeitler testified: . He received a report a person was at the Humane Society after hours with a dog they had found at large, . An Animal Control Officer was dispatched to the scel:\e and assumed control of the dog, . The Officer determined who owned the dog and returned it to Ms, Ramirez, . A citation was issued in lieu of impoundment. 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 and Administrative Fees in the amount of$57.00 incurred in the prosecution of the case by September 1, 2011. 2. Pay afine in the amount of $100. 00 by September 1, 2011. Total Due: $157,00 VI. PUBLIC HEARINGS: (Continued) A. Stipulations 4, CASE NO: PU4966-CEEX20110006179 OWNER: ROBERT G. WESTLAKE AND L YNDSEY E. WILLIAMS OFFICER: PUBLIC UTILITIES OFFICER MIKE ANDRE SKY VIOLATlONS: ORDINANCE 2001-73, SECTION 1,4 (G 2,3,4) A PREVIOUSLY LOCKED METER HAD THE LOCK BROKEN AND WATER TURNED BACK ON METER REMOVED FROM CURBSTOP BY D-9 VINNIE FROM WATER METERS, FOLIO NO: 54670004084 VIOLA TION ADDRESS: 154 LEA WOOD CIRCLE, NAPLES The Hearing was requested by Public Utilities Officer Mike Andresky who was present. The Stipulation was entered into by the Respondent's representative Kimberly Guevara July I, 2011, II -. .-..-....- . -_..,._--_._.~~~_.~---- -~,-_.., .".. ." ...,' -, -. ._..~., ,,-,._"-_._..-..,-"' ._-."._-"-~-- July I, 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 $255.29 incurred in the prosecution of this case by August 1, 2011. Total Due: $255,29 5, CASE NO: PU4971-CEEX20110007030 OWNER: ROBERT G. WESTLAKE AND LYNDSEY E. WILLIAMS OFFICER: OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SECTION 1.4(n) THE LOCK ON CURBSTOP HAD BEEN REMOVED AND A I INCH PVC PIPE WAS CONNECTED TO CUSTOMER SIDE OF SERVICE, FOLIO NO: 54670004084 VIOLATION ADDRESS: 154 LEA WOOD CIRCLE, NAPLES The Hearing was requested by Public Utilities Officer Mike Andresky who was present. The Stipulation was entered into by the Respondent's representative Kimberly Guevara July 1, 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$100.00 incurred in the prosecution of this case by August 1,2011. Total Due: $100,00 VII. NEW BUSINESS A. Motion for Imposition of Fines: 2, CASE NO: CESD20100004761 OWNER: WILNER FRANCOIS AND 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 I 0,02,06(B) (l)(a), PYC FENCE AROUND POOL, NEVER RECEIVED CERTIFICATE OF OCCUPANCY, FOLIO NO: 36560840004 VIOLATION ADDRESS: 2700 44TH STREET SW, NAPLES Code Enforcement Supervisor Letourneau and Investigator Carmelo Gomez represented the County, 12 . .'..w.. __~~~,o._".~_.~".""".,, . ".,', _.,.., ___~,...,'_~'_ ." .._....._._.M_.". ~_.._.,____~.~_,,__ _,._'" _..,_...._...~_ ...-..---....... July 1, 2011 Wilner Francois, the Respondent was present. Robinson Dera was also present for the Respondent. The violation has not been abated as of? /1/1 L Special Magistrate Order No,: OR4671 - Page 2323 Fine Amount: $100,00 day Duration: 4/5/11 - 7/1/11 (88 days) Total Fine Amount: $8,800,00 Paid Operational Costs: $112.47 Total to Date: $8,800,00 Mr. Dera testified the enclosure around the pool has been installed, however the required survey was issued in the wrong name and needs to be re-issued before issuance of a Certificate of Completion, Officer Gomez confirmed the fault is of the contractor who installed the enclosure, not the Respondent. Supervisor Letourneau requested the case be withdrawn, The Special Magistrate GRANTED the County's request to withdraw the case. 7, CASE NO:CEPM20100009970 OWNER: MOISE THEGENUS AND EMMELINE THEGENUS OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (19), VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. FOLIO NO: 74029001841 VIOLATION ADDRESS: 2013 ROOKERY BAY ORNE APT 1204, NAPLES Investigator Seabasty represented the County, Moise and EmmelineThegenus the Respondent was present. The violation has been abated as of 6/3/11, Special Magistrate Order No,: OR4672 - Page 1876 Fine Amount: $250,00 day Duration: 4/19/11- 6/3/11 (46 days) Total Fine Amount: $11,500,00 Paid Operational Costs: $112.47 Total to Date: $11,500,00 Mr. Thegenus testified the violation was abated as soon as feasibly possible, 13 ,..._."_."'._-~,-~-~....- July I, 2011 The Special Magistrate DENIED the County's Motion for Imposition of Fines. V. PUBLIC HEARINGS B. Hearings 15, CASE NO: CEV20110001428 OWNER: JONAS MCCLURE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-95, VEHICLE PARKED ON THE PROPERTY WITHOUT A VALID REGISTRA nON PLATE AND/OR EXPIRED REGISTRA nON PLATE. FOLIO NO: 65420680003 VIOLATION ADDRESS: 562 EASTWOOD DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 Investigator John Connetta presented the case, Evidence entered: Exhibit A - photo taken 4/4/11 Exhibit B -- photo taken 4/29/11 The violation remains as of 7/1/1 I 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 the case by August 1, 2011. 2. Obtain and affIX a valid license plate to each vehicle not confined in a totally enclosed structure, or store the vehicles in a completely enclosed structure, or remove the offending vehicles from a residentially zoned property by July 5, 2011. If the violation is not abated by July 5, 2011 a fine of $50. 00 per day will be imposed for each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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 Due: $112.38 16, CASE NO: CEPM2011 0003647 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 14 July I, 2011 OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22-231 (15), (12)(1), GREEN POOL AND DAMAGED SCREEN, FOLIO NO: 36121840003 VIOLATION ADDRESS: 4973 21 ST PLACE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 Investigator Paul presented the case, Evidence entered: Exhibit A -- I photo Exhibit B -- I photo The violalion remains as of7/1I11 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUlL TYof the alleged violationandprdered to: 1. Pay the Operational Costs of $112.47 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 2011 or afine of $250, 00 per day will be imposed for 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 July 8, 2011 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. 4. Make all necessary repairs of the pool cage structure on or before July 8, 2011 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. 5. NotifY Code Enforcemellt within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 6. 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. Total Amount Due: $112.47 17, CASE NO: CESD20100003049 OWNER: W AL TER O. BADO VEGA OFFICER: INVESTIGATOR JANIS POTTER 15 ".~-~'".~"..,"- ,... .--.~_._..-. July I, 2011 VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION IO,02,06(B)(I)(a), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105,]' SHED CONSTRUCTED ON PROPERTY WITHOUT OBTAINING PROPER COLLIER COUNTY BUILDING PERMIT, FOLIO NO: 40350400006 V[OLATION ADDRESS: 1920 EVERGLADES BLVDN, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Potter presented the case, Evidence entered: Exhibit A - photo datcd 10/26/1 0 Exhibit B.... photo dated 6/30/11 The violation remains as of 6/30/11, Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of $112.47 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate ofCompletionlOccupancy to permit, or remove the structures on or before August 1, 2011, or afine of$100.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. NotifY the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.47 18, CASE NO: CEPM20110004770 OWNER: ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (15), (12)(i), POOL [S GREEN AND UNABLE TO SECURE THE SCREEN ENCLOSURE DOOR AND THE DOOR TO THE FENCE, FOLIO NO: 36110760000 16 .'_"~',_""._~"'M~_"""_'_'_."'_"'~'~_ July I, 2011 VIOLATION ADDRESS: 4998 23RD COURT SW, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 Investigator Paul presented the case, Evidence entered: Composite Exhibit A - 2 photos The violation remains as of 6/30/11, Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTYof the alleged violation and ordered to: I. Pay the Operational Costs of$112.56 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 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 stando,rds on or before July 8, 2011 or a fine of $250. 00 per day will be impos~dfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Make all necessary repairs of the pool cage structure on or before July 8, 2011 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. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 6. 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. Total Amount Due: $112,56 20, CASE NO: CESD20100003657 OWNER: JOSHUA S. LAINHART AND MELANIE D. MEYER OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: 2007 FLORIDA BUILDING CODE CHAPTER I, SECTION 105.4,1, PERMIT NUMBER 2003052154 FOR SCREENED ADDITION EXPIRED ON DECEMBER 3, 2003, NO CERTIFICATE OF COMPLETION OBTAINED, FOLIO NO: 37869920006 VIOLATION ADDRESS: 2170 20TH AVENUE NE, NAPLES 17 ~,-_.~_..----,..'..~._----,._,. . July 1,2011 Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Potter presented the case, Evidence entered: Composite Exhibit A 1 photo dated 6/30/11 The violation remains as of 6/30/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion/Occupancy to permit the screened addition or remove the addition on or bef.?re August 1, 2011, or a fine of$100.00 per day will be imposed for each~ay the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. NotifY the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the cost,~ to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112,38 21. CASE NO: CEV20110007567 OWNER: CDRE TRADING LLC OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLlER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4,05,03, VEHICLE ON LAWN, FOLlO NO: 36560400004 VIOLATION ADDRESS: 2864 44TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Gomez presented the case, Evidence entered: Composite Exhibit A -- 1 photo dated 3/29/11 Composite Exhibit B -- 1 photo dated 4/18/11 Composite Exhibit C -- I photo dated 6/8/11 Composite Exhibit D -- I photo dated 6/8/11 18 . ._._,..____...,..,.,._._..._.._..._.~__'".,. _ N"_." . .'__."__'_m.__'___".' __ _._..___.,...."~ _ .' ....".._.~.__.,~ July I, 2011 The violation remains as of 6/30/11, Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before August 1, 2011. 2. Move any and all vehicles from the front and rear yard of the property and park them on a stabilized pervious or imperviously treated surface by July 5,2011 or afine of $50. 00 per day will be imposed for each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Total Amount Due: $112,38 22, CASE NO: CEPM20IIOOO468I OWNER: DANNY L. NAIRN AND MARIE E. NAIRN OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15), POOL NOT PROPERLY MAINTAINED, IN NEED OF WATER TREATMENT. FOLIO NO: 62761960100 VIOLATION ADDRESS: 753 93RD AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 Investigator Condamina presented the case, Evidence entered: Exhibit A-I photo dated 4/20/11 Exhibit B-1 photo dated 5/17111 The violation remains as of 6/30/ 11 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$112.64 incurred by Code Enforcement during the prosecution of the case on or before August 1, 2011. 19 . ~~.,-- .. --...,.-..-"-.-.- "'.,, -~""~"'-"'------'-'---"-'~'''--'-'''''--''-'~~'-- July I, 2011 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 2011 or afine of $250. 00 per day will be imposed for 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 July 8,2011 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. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. 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. Total Amount Due: $112,64 25, CASE NO: CEPM20110004442 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i), BROKEN/MISSING WINDOW, FOLIO NO: 35989080006 VIOLATION ADDRESS: 4724 25TH AVENUE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Gomez presented the case, Evidence entered: Exhibit A - I photo dated 4/4/11 The violation remains as of 6/30/11 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 August 1, 2011. 2. Obtain valid Collier County Building Permits, all required inspections and a Certificate of Completion to restore the windows to a permitted condition on or before July 15, 20ll, 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; 20 " ,~_,.."_"~c_""~,,,,,,,_,,'_'__.'__~__~"'_ -'-"--~ July 1,2011 3. Obtain a Collier County "Boarding Certificate" and "board" the windows on or before July 15,2011 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. 4. If the option outlined in condition #3 is chosen, obtain all required Collier County permits to restore the windows to a permitted condition on or before January 1, 2012, 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. NotifY the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. 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 maybe requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112,29 26, CASE NO: CESD20110004443 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10,02,06(B)(l)(a), SHED STRUCTURE ATTACHED TO HOUSE, FOLIO NO: 35989080006 VIOLATION ADDRESS: 4724 25TII AVENUE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Gomez presented the case, Evidence entered: Composite Exhibit A - 2 photos dated 4/411 1 The violation remains as of 6/3011 1 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$112.29 incurred by Code Enforcement during the prosecution of the case on or before August 1,201 I. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion/Occupancy to permit, or remove the structure on or before August 1, 2011, or afine of$IOO.OO per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 21 - -"."""-,--~._-- July I, 2011 3. NotifY the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. lfnecessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112,29 VI. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: I. CASE NO: CEROW20090015230 OWNER: ALAN D. MONTGOMERY EST A TE OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, SECTION 110-31 (a), SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY WITH NO PERMIT, FOLIO NO: 36239560000 VIOLA TION ADDRESS: 5133 20TH COURT SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 The respondents were not present. Supervisor Letourneau presented the case, The violation has not been abated as 0[7/1111. Special Magistrate Order No,: OR4681 - Page 2188 Fine Amount: $200,00 day Duration: 6/4/11 - 7/1/11 (28 days) Total Fine Amount: $5,600,00 Unpaid Operational Costs: $112,29 Total to Date: $5,712.29 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $5,712.29. Said amount to become a lien on the property. Fines continue to acrue. 3, CASE NO: CEPM20100005779 OWNER: TERRY DlLOZIR OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-231 (15), CHAPTER 22 ARTICLE II, SECTION 22-26 AND THE FLORIDA BUILDING CODE CHAPTER 4, SECTION 22 --,.,._.,.~.-.~_.,.. July I, 2011 424,2,17,1, A PRIVATE DWELLING SWIMMING POOL WITH STAGNANT GREEN WATER WITHOUT A PROPER POOL BARRIER. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 The respondents were not present. Investigator Kincaid presented the case, The violation has been abated as of 4/29111, Special Magistrate Order No,: OR4621 - Page 2399 Fine Amount: $250,00 day Duration: 10/23/11 - 4/29111 (189 days) Total Fine Amount: $47,250,00 Unpaid Abatement Costs: $2,225,00 Unpaid Operational Costs: $112,73 Total to Date: $49,587,73 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $49,587.73. Said amount to become a lien on the property. 4, CASE NO: CEPM20100018515 OWNER: ELEANOR BUCHANAN OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-236 (2)(5) DANGEROUS BUILDING, ROOF CAVING AND IN A VERY POOR STATE WITH NUMEROUS PROPERTY MAINTENANCE VIOLATIONS, STRUCTURE IS OPEN TO THE ELEMENTS, FOLIO NO: 113480150 I VIOLATION ADDRESS: 238 OLD TRAIN LANE, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 The respondents were not present. Investigator Seabasty presented the case, The violation has been abated as of 4/21111. Special Magistrate Ordcr No,: OR4671 - Page 2329 Fine Amount: $250,00 day Duration: 3112111 - 4/21111 (41 days) Total Fine Amount: $10,250,00 Unpaid Abatement Costs: $3,847,00 23 '-'-''-" July 1, 2011 Unpaid Operational Costs: $112.47 Total to Date: $14,209.47 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $14,209.47. Said amount to become a lien on the property. 5, CASE NO: CESD20100004913 OWNER: SERGIO G. SALINAS AND PATRICIA SALINAS OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I 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 RECEIVED CERTIFICATE OF OCCUPANCY AND THREE UNPERMITTED STRUCTURES (TWO SHEDS AND ONE BBQ PIT), FOLIO NO: 35993680007 VIOLATION ADDRESS: 2756 47TII 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. Supervisor Letourneau presented the case, The violation has not been abated as of 711111, Special Magistrate Order No,: OR4654 - Page 2475 Fine Amount: $100,00 day Duration: 6/4/11 -,7/1111 (28 days) Total Fine Amount: $2,800,00 Unpaid Operational Costs: $112,73 Total to Date: $2,912,73 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $2,912.73. Said amount to become a lien on the property. Fines continue to accrue 6, CASE NO: CEPM20100009663 OWNER: NEAL SWEENEY AND MARY SWEENEY OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15), UNMAINT AINED POOL WATER, DARK IN COLOR. FOLIO NO: 24791001983 VIOLATION ADDRESS: 1319 BARNSTABLE COURT, NAPLES 24 .~_'.>_'h_" .' - -_._.._-~-~,-_."--,.... . "'-"'.-~- July I, 2011 Date of Hearing Notice by Certified Mail: 6/18/11 Date of Hearing Notice Property/Courthouse Posting: 6/10/11 The respondents were not present. The violation has been abated as of 3/25/11, Special Magistrate Order No,: OR4654 - Page 2477 Fine Amount: $250,00 day Duration: 2/12/11 - 3/25/11 (45 days) Total Fine Amount: $10,500,00 Paid Abatement Costs: $624,00 Paid Operational Costs: $120,08 Total to Date: $10,500,00 Tlte Special Magistrate GRANTED tlte County's MotiQnfor Imposition of Fines for a total amount due of $1 0,500. 00. Said amount to become a lien on tlte property. 8, CASE NO: CEPM20100018182 OWNER: MTAG CUST FOR PINE ASSET MGMT OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION(S) 22-231 (l2)(g), 22- 231 (12)(i), 22-231 (12)(1),22-243,22-231 (12)(b), 22-242 (b), AND 22-231 (12)(d), MULTIPLE PROPERTY MAINTENANCE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO: MOLD THROUGHOUT EXTERIOR OF MOBILE HOME, PORCH AND STAIRS ROTTING, BROKEN WINDOWS, BOARDED DOORS ETe. FOLIO NO: 1132320000 VIOLATION ADDRESS: 237 MCBETH WAY. NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/7/11 The respondents were not present. Investigator Seabasty presented the case, The violation has been abated as of3/17/1l. Special Magistrate Order No,: OR4647 - Page 3266 Fine Amount: $250,00 day Duration: 1/29/11 - 3/17/11 (48 days) Total Fine Amount: $12,000,00 Unpaid Abatement Costs: $4,390,00 25 ~....- ... .. - -----. ---.- July 1, 2011 Unpaid Operational Costs: $112,92 Total to Date: $16,502,82 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $16,502. 82. Said amount to become a lien on the property. 9, CASE NO: CEPM20100019821 OWNER: IRENE CASTILLO AND BENITO ABRAHAM OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE SECTION 22-231 (19), LARGE BEE HIVE ON RESIDENTIAL PROPERTY, FOLIO NO: 62091480004 VIOLATION ADDRESS: 5229 MARTIN STREET, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthou~e Posting: 6/17/11 The respondents were not present. Investigator Kincaid presented the case, The violation has been abated as of 3/27/1 1. Special Magistrate Order No,: OR4647 - Page 3143 Fine Amount: $250,00 day Duration: 1/22/11 - 3/16/11 (54 days) Total Fine Amount: $13,500,00 Unpaid Abatement Costs: $250,00 Unpaid Operational Costs: $112.38 Total to Date: $13,862.38 The Special Magistrate GRANTED the County)s Motion for Imposition of Fines for a total amount due of $13,862.38. Said amount to become a lielt on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: L CASE NO: CENA20tlOOOtl99 OWNER: PATRICIA J. CRETELLA AND RICHARD T. LAW FOLIO NO: 36966860002 The Special Magistrate GRANTED the County's Request. 26 -~..~--""~,~"".~,,.---,~--" .. - -- - --- -_.'- ..,'._---'.,--,. July I, 2011 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 Snmmary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS: None X. NEXT HEARING DATE: August 5, 2011 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3299 East Tamia11li 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 2 :50 PM. COLLIER COUNTY SPECIAL MAGISTRATE Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented , or as amended 27 ". . _."..._",,.,.....,....,_____.,_'_..o.,_~.,___.,_<..,...__..~,.._r."_.~..,~..'___...__..____~.,,... ." --.. - ...--.---.- 16' 1 A 2~ July 1,2011 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 1, 2011 LET IT BE REMEMBERED 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: fa) ~ @ ~ It WI ~ lffi SPECIAL MAGISTRATE: Honorable Brenda Garretson 1m AUG 0 9 2011 JYJ BY: ....................... Misc. Carres: Fiala ~ Hiller Henning ,..,.- M ~ Coyle Y"'" " Coletta :V = Date: \(~ \ '\ " \ \. \. Item #:\\.0 --r. \ 'A ~ Copies to: ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary 6' 1 A'2 1 July 1,2011 I. CALL TO ORDER The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:02 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: 9:40 AM II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes listed below as Agenda item numbers: Under item V.B - Hearings, the following cases were moved to item V.A - Stipulations: . 23 - CASE NO: CESD20110000968 - ETHEL MATA . 12 - CASE NO: CESD20100017536 - PEBBLEBROOKE LAKES MASTER ASSOCIA TION INC . 7 - CASE NO: PU4685-CEEX20110007162 - DEBORAH HAPSTAK . 4 - CASE NO: PU4966-CEEX20110006179 - ROBERT G. WESTLAKE AND L YNDSEY E. WILLIAMS . 5 - CASE NO: PU4971-CEEX20110007030 - ROBERT G. WESTLAKE AND L YNDSEY E. WILLIAMS Under Item V.B - Hearings - The following cases were withdrawn (listed below as Agenda numbers): . 1 - CASE NO: S0174879-CEEX20110006949 - RITA S. ATKINSON . 2 - CASE NO: PR042532-CEEX20110007460 - MARK E. SHAW . 6 - CASE NO: CE005354-CEEX20110007356 - DONALD J. PENCE . 13 - CASE NO: CENA20110002735 - HERMAN ARRENDONDO · 14 - CASE NO: CEPM20110004084 - JANET VIRGINIA STOKER . 19 - CASE NO: CEV20110004638 - JOSEPH HOMICH III . 24 - CASE NO: CESD20110002393 - CHARLES E. LEWIS AND CAROLYN MARIE MCALEAR LEWIS Under V.C - Emergency Cases - The following items were added to the Agenda: . 1 - CASE NO: CEPM20110006479 - HULDA GEORGES . 2 - CASE NO: CEPM20110006480 - SHADI OF NAPLES, INC. Under VI.A - Motion for Imposition of Fines - The following case was withdrawn: . 10 - CASE NO: CEPM20110000743 - OWNER: HSBC BANK USA NA TR ACE SECURITIES CORPORATION 2 6 \ 11 A 42" 1 July 1,2011 The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES - June 3, 2011 The Minutes of the Special Magistrate Hearing held on June 3,2011 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 None V. PUBLIC HEARINGS A. Stipulations: 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLA TION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE The Hearing was requested by Code Enforcement Investigator Maria Rodriguez who was present. The Stipulation was entered into by the Respondent Ethel Mata on June 29, 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 $112.12 incurred in the prosecution of this case by August 1,2011. 2. Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition permit and request required inspections to be performed and pass thru a Certificate of Completion/Occupancy by November 1,2011 or aflne or $150.00 per day will be imposed until the 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 3 161 lA-2 July 1,2011 confirm compliance within 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 2. CASE NO: CESD20100017536 OWNER: PEBBLEBROOKE LAKES MASTER ASSOCIATION INC. OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: 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. FOLIO NO: 66262000028 VIOLATION ADDRESS: 8610 PEBBLEBROOKE DRIVE, NAPLES The Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present. The Stipulation was entered into by the Respondent's representative Beverly Kueter on June 30, 2011. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUIL TY 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 August 1,2011. 2. Abate all violations by: Obtaining a Collier County Fence Permit, all required inspections, and Certificate of Completion for the gate modification by September 1,2011 or afine or $100.00 per day will be imposed until the 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 within 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 Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 4 6' '1 1 July 1,2011 A . 2 '~"'4 Total Amount Due: $112.29 3. CASE NO: PU4685-CEEX20110007162 OWNER: DEBORAH HAPSTAK OFFICER: OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SEC. 1.4(N) UNLA WFULL CONNECTION TO THE COUNTY WATER SYSTEM. FOLIO NO: 54670003069 VIOLATION ADDRESS: 382 LEA WOOD CIRCLE, NAPLES Officer Mike Andresky represented the County. The Stipulation was entered into by the Respondent's representative Anthony Hapstak on June 30,2011. 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 $55.00 incurred in the prosecution of the case by August 1,2011. Repair costs to be included in the water bill, no civil penalty. Total Due: $55.00 C. Emergency Cases 1. CASE NO: CEPM20110006479 OWNER: HULDA GEORGES OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: CODE OF LAW & ORD. - PROPERTY MAINTENANCE CODE 2004-58, SEC 12 FOLIO: 25580640004 VIOLATION ADDRESS: 211 WEST MAIN STREET, IMMOKALEE FL 34142 Investigator Snow requested the hearing. Leo Rodgers, Immokalee Fire District Fire Marshall was also present. The Respondent, Hulda Georges was present and was represented by Michel Lafleur, her husband. Evidence: Composite A - 5 photos submitted by Mr. Snow. Investigator Snow/Mr. Rodgers testified: · On May 14, 2011 a report was filed regarding a building at 211 West Main Street, Immokalee, FL that was damaged by a vehicle that struck a highway sign and the sign was propelled into the building. 5 16' .1 A-2 July 1,2011 · An inspection on May 16, 2011 by County Officials revealed the fayade of the building had been damaged and was in poor condition and a danger to the public. · On May 16, 2011 the structure was declared a "Dangerous Building" by County Officials. Mr. Lafleur testified: · He agrees the building is a "Dangerous Building" however the time lines imposed create a financial hardship. They are currently awaiting settlements from the insurance companies involved in the case. 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 the case by September 1,2011. 2. Obtain all Collier County building permits or demolition permits and remove all refuse associated with the demolition as necessary to a site suitable for disposal of said refuse with all inspections through a Certificate of Completion/Occupancy for said permit(s) by August 1, 2011 or afine of $250. 00 per day will be imposed until the violation is abated. 3. The business/restaurant is to remain closed until a Certificate of Completion/Occupancy is obtained. 4. In the event the business does open before the final Certificate of Occupancy is issued, afine of $250.00 per day will be imposedfor each day the business is open until it is declared to be legally open. 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 within 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 Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Due: $112.29 2. CASE NO: CEPM20110006480 OWNER: SHADI OF NAPLES, INC. OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: CODE OF LAW & ORD. 2004-58 -PROPERTY MAINTENANCE CODE, 2004-58, SEC 12 FOLIO: 135480003 VIOLATION ADDRESS: 521 SOUTH FIRST STREET, IMMOKALEE FL 34142 6 6 '\ rt 1 July 1,2011 A 21 Investigator Snow requested the hearing. Leo Rodgers, Immokalee Fire District Fire Marshall was also present. The Respondent was not present. Evidence: Composite A - photos taken 5/16/11 submitted by Mr. Snow. Investigator Snow/Mr. Rodgers testified: · Mr. Snow was requested to inspect the property on May 16, 2011 where a structure had been damaged by a fire. · Upon inspection by County Officials, the building was declared a "Dangerous Building" on May 16, 2011. · The fire occurred on March 22, 2011 and the cause of the fire is still under investigation, however the structure was released to the owner on March 25, 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 $112.38 incurred in the prosecution of the case by August 1,2011. 2. Obtain all required Collier County building permits or demolition permits and remove all refuse associated with the demolition as necessary to a site suitable for disposal of said refuse with all inspections through a Certificate of Completion/Occupancy for said permit(s) by August 1, 2011 or afine of $250.00 per day will be imposed until the violation is abated. 3. The business is to remain closed until a Certificate of Occupancy/Completion is obtained. 4. In the event the business does open before the final Certificate of Occupancy is issued, afine of $250.00 per day will be imposedfor each day the business is open until it has been declared to be legally open. 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 within 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 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 B. Hearings 3. CASE NO: C002377-CEVFH20110006501 7 16 LY1.l1\ A ~,." - OWNER: MARIA TERESA MARTINEZ OFFICER: INVESTIGATOR MICHELLE CROWLEY VIOLATIONS: CODE OF LAW & ORD., 4 (a), CHAPTER 142-33(c) OPERATED A VEHICLE FOR HIRE ON THE PUBLIC STREETS IN THE COUNTY WITHOUT FIRST OBTAINING A COLLIER COUNTY VEHICLE FOR HIRE LICENSE. VIOLATION ADDRESS: 4055 23RD AVENUE SW, NAPLES Investigator Michelle Crowley represented the County. Maria Teresa Martinez, The Respondent was present. Gladis Rodriguz, translator for Ms. Martinez was also present. Evidence Entered: 2 photos taken by Investigator Crowley dated May 13,2011 Investigator Crowley testified: · A citation was issued for operating a Vehicle for Hire without proper County licenses. Ms. Martinez testified: · She didn't know a Vehicle for Hire license is required to provide transportation to friendslrelatives. Aurora Blanco, "the client" testified (via a translator Carlos Cruz): · She was quoted a price of $1 0.00 to be transported to Physicians Regional Hospital. · She does not personally know the Respondent and has not called her previously. Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs and Administrative Fees in the amount of $55.00 incurred in the prosecution of the case by September 1,2011. 2. Pay afine in the amount of $1,000. 00 by September 1,2011. 3. Saidfine to be reduced by the amount of $650.00 if the Respondent obtains a valid Collier County Vehiclefor Hire License (VFH) by September 1,2011. Total Due: $1,055.00 (reduced to $405.00 if a valid VFH license is obtained) 11. CASE NO: DAS12515-CEEX20110007702 OWNER: TRICIA LECOMTE OFFICER: OFFICER ANITA MARTINDALE VIOLATIONS: ORDINANCE C 1, SEC. 12 F AlLURE TO NEUTER A DOG THAT HAS BEEN IMPOUNDED. VIOLATION ADDRESS: 2660 18TH AVENUE SE, NAPLES 8 16' ~A July 1, ~11 2tlf Officer Zeitler presented the case. Tricia Lecomte was present. Thomas Lecomte was also present. The are appealing the citation. The Lecomte's testified: · Their Rotweiller "Cooper" was impounded when the County declared him a "Dangerous Dog". · The declaration was subsequently overturned. · During the impoundment "Cooper" became ill and had to be released to the Lecomtes. · A condition for release of the dog was it to be neutured at a later date when he recovered from his illness. · In came to light after his release, there is a Section in the Ordinance exempting the neuturing requirement if a veterinarian provides certain findings in writing. · Their veternarian, Victor C. Brown, DVM, has indicated in a letter dated June 30,2011 it is not necessary to neuter Cooper (Respondent Exhibit #1). · They had contacted the veternarian well before June 30, 2011 for a letter, but did not receive the letter until the 30th. · At this point, they do not want to neuter "Cooper." Officer Zeitler testified: · It is a requirement of the Ordinance, any animal impounded is to be spayed or neutered. · The animal was released due to "extenuating circumstances" and under the pretense he would be spayed or neutered. · Upon release the Lecomte paid the fee for the shelter to provide the service at a later date. · To date, the animal has not been neutured. · In addition, proof of rabies vaccination and an updated license needs to be obtained for Cooper. Special Magistrate Garretson noted Exhibit #1, (the letter) was issued after the deadline required in the Ordinance. Additionally, the wording is not in conformance with the requirements of the Ordinance. The Special Magistrate "TOOK THE CASE UNDER ADVISEMENT" and requested the Respondent to: 1. Submit a letter from a veterinarian in accordance with the requirements of the Ordinance including the date he was originally contacted regarding this matter. 2. If necessary, obtain all necessary liceneses to bring the dog into conformance with licensing standards for unaltered dogs. Break: 12:10 pm 9 161 1 A July 1,2011 2~ Reconvened: 12:33 pm Cases #8 and #9 were combinedfor hearing purposes. 8. CASE NO: DAS12112-CEEX20110007228 OWNER: MARIA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51, SEC. 8-1 B ALLOWING A DOG TO RUN AT LARGE. VIOLATION ADDRESS: ROADWAY/35TH AVENUE NE, NAPLES 9. CASE NO: DAS12113-CEEX20110007230 OWNER: MARIA RAMIREZ OFFICER: OFFICER KURT ZEITLER VIOLATIONS: ORDINANCE 08-51 SEC. 8-1 G TO THREATEN A PERSON LA WFULL Y USING ANY ROAD RIGHT OF WAY. VIOLATION ADDRESS: ROADW A Y/35 TH AVENUE NE, NAPLES Officer Zeitler represented the County. Maria Ramirez, the Respondent was present who was appealing the citations. Ms. Ramirez testified: · The dogs are small and reside in a fenced in area on the property. Officer Zeitler testified: · He received a complaint from the Collier County Sheriffs Department and responded and ascertained an Affidavit from one of the boys stating the dogs chased him and he outran them. Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs and Administrative Fees in the amount of $57.00 incurred in the prosecution of the case for each case by September 1,2011 ($114.00 total). 2. Pay afine in the amount of$100.00for each citation ($200.00 total). Total Due: $314.00 10. CASE NO: DAS12141-CEEX20110007232 OWNER: MARIA RAMIREZ OFFICER: OFFICER ANDRA DOHERTY VIOLATIONS: ORDINANCE 2008-51, SEC. 14-33(A)(2) ALLOWING A DOG TO RUN AT LARGE. VIOLATION ADDRESS: EVERGLADES BLVD N. & 35 TH AVENUE NE, NAPLES 10 16' 1 , July 1,2011 A 2~ Officer Zeitler represented the County. Maria Ramirez, the Respondent was present and appealing the citation. Ms. Ramirez testified: · On the day of the incident the dog (a Shihtzu) was involved in an altercation with a Pit Bull at the gate of their fence enclosure. · During the confrontation the Shihtzu escaped through the gate and fled the scene to escape the attack. · A passerby witnessed the attack a distance away from the residence, found the dog injured and transported it to the Humane Society. Officer Zeitler testified: · He received a report a person was at the Humane Society after hours with a dog they had found at large. · An Animal Control Officer was dispatched to the scene and assumed control of the dog. · The Officer determined who owned the dog and returned it to Ms. Ramirez. · A citation was issued in lieu of impoundment. Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs and Administrative Fees in the amount of $57.00 incurred in the prosecution of the case by September 1,2011. 2. Pay a fine in the amount of $1 00. 00 by September 1, 2011. Total Due: $157.00 VI. PUBLIC HEARINGS: (Continued) A. Stipulations 4. CASE NO: PU4966-CEEX20110006179 OWNER: ROBERT G. WESTLAKE AND L YNDSEY E. WILLIAMS OFFICER: PUBLIC UTILITIES OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SECTION 1.4 (G 2,3,4) A PREVIOUSLY LOCKED METER HAD THE LOCK BROKEN AND WATER TURNED BACK ON METER REMOVED FROM CURBSTOP BY D-9 VINNIE FROM WATER METERS. FOLIO NO: 54670004084 VIOLATION ADDRESS: 154 LEA WOOD CIRCLE, NAPLES The Hearing was requested by Public Utilities Officer Mike Andresky who was present. The Stipulation was entered into by the Respondent's representative Kimberly Guevara July 1, 2011. 11 19u1}1, 201~ A 2 ~,..~ 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 $255.00 incurred in the prosecution of this case by August 1,2011. Total Due: $255.00 5. CASE NO: PU4971-CEEX20110007030 OWNER: ROBERT G. WESTLAKE AND L YNDSEY E. WILLIAMS OFFICER: OFFICER MIKE ANDRESKY VIOLATIONS: ORDINANCE 2001-73, SECTION 1.4(n) THE LOCK ON CURBSTOP HAD BEEN REMOVED AND A 1 INCH PVC PIPE WAS CONNECTED TO CUSTOMER SIDE OF SERVICE. FOLIO NO: 54670004084 VIOLATION ADDRESS: 154 LEAWOOD CIRCLE, NAPLES The Hearing was requested by Public Utilities Officer Mike Andresky who was present. The Stipulation was entered into by the Respondent's representative Kimberly Guevara July 1,2011. 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 $1 00.00 incurred in the prosecution of this case by August 1,2011. Total Due: $100.00 VII. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CESD20100004761 OWNER: WILNER FRANCOIS AND SANDY ST. FLEUR OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B) (1)(a). PVC FENCE AROUND POOL, NEVER RECEIVED CERTIFICATE OF OCCUPANCY. FOLIO NO: 36560840004 VIOLATION ADDRESS: 2700 44TH STREET SW, NAPLES Code Enforcement Supervisor Letourneau and Investigator Carmelo Gomez represented the County. 12 16' 1 A July 1,2011 2'1 Wilner Francois, the Respondent was present. Robinson Dera was also present for the Respondent. The violation has not been abated as of 7/1/11. Special Magistrate Order No.: OR4671 - Page 2323 Fine Amount: $100.00 day Duration: 4/5/11 - 7/1/11 (88 days) Total Fine Amount: $8,800.00 Paid Operational Costs: $112.47 Total to Date: $8,800.00 Mr. Dera testified the enclosure around the pool has been installed, however the required survey was issued in the wrong name and needs to be re-issued before issuance of a Certificate of Completion. Officer Gomez confirmed the fault is of the contractor who installed the enclosure, not the Respondent. Supervisor Letourneau requested the case be withdrawn. The Special Magistrate GRANTED the County's request to withdraw the case. 7. CASE NO:CEPM20100009970 OWNER: MOISE THEGENUS AND EMMELINE THE GENUS OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (19). VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD THROUGHOUT THE INTERIOR. FOLIO NO: 74029001841 VIOLATION ADDRESS: 2013 ROOKERY BAY DRIVE APT 1204, NAPLES Investigator Seabasty represented the County. Moise and EmmelineThegenus the Respondent was present. The violation has been abated as of 6/3/11. Special Magistrate Order No.: OR4672 - Page 1876 Fine Amount: $250.00 day Duration: 4/19/11 - 6/3/11 ( 46 days) Total Fine Amount: $11,500.00 Paid Operational Costs: $112.56 Total to Date: $11,500.00 Mr. Thegenus testified the violation was abated as soon as feasibly possible. 13 1 6 I .1 A 1 2"'1 July 1,2011 The Special Magistrate DENIED the County's Motionfor Imposition of Fines. V. PUBLIC HEARINGS B. Hearings 15. CASE NO: CEV20110001428 OWNER: JONAS MCCLURE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION 130-95. VEHICLE PARKED ON THE PROPERTY WITHOUT A V ALID REGISTRATION PLATE AND/OR EXPIRED REGISTRA TION PLATE. FOLIO NO: 65420680003 VIOLATION ADDRESS: 562 EASTWOOD DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 Investigator John Connetta presented the case. Evidence entered: Exhibit A - photo taken 4/4/11 Exhibit B - photo taken 4/29/11 The violation remains as of7/1/11 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 the case by August 1,2011. 2. Obtain and affIX a valid license plate to each vehicle not confined in a 'I totally enclosed structure, or store the vehicles in a completely enclosed \ structure, or remove the offending vehicles from a residentially zoned property by July 5,2011. If the violation is not abated by July 5,2011 a fine of $50. 00 per day will be imposedfor each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Total Due: $112.38 16. CASE NO: CEPM20110003647 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 14 16 I 1 July 1,2011 A 2 -] OFFICER: INVESTIGA TOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTION 22-231 (15), (12)(1). GREEN POOL AND DAMAGED SCREEN. FOLIO NO: 36121840003 VIOLATION ADDRESS: 4973 21ST PLACE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 Investigator Paul presented the case. Evidence entered: Exhibit A-I photo Exhibit B-1 photo The violation remains as of 7/1/11 Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.56 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 2011 or a fine of $250.00 per day will be imposed for 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 July 8, 2011 or a fine 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. Make all necessary repairs of the pool cage structure on or before July 8, 2011 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. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 6. 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 requestedfrom the Collier County Sheriff's Office to enforce the provisions of the Order. Total Amount Due: $112.56 17. CASE NO: CESD20100003049 OWNER: W AL TER O. BADO VEGA OFFICER: INVESTIGA TOR JANIS POTTER 15 16 \. A July 1,2011 2-' VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1. SHED CONSTRUCTED ON PROPERTY WITHOUT OBTAINING PROPER COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 40350400006 VIOLATION ADDRESS: 1920 EVERGLADES BLVD N, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Potter presented the case. Evidence entered: Exhibit A - photo dated 10/26/1 0 Exhibit B - photo dated 6/30/11 The violation remains as of 6/30/11. Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.47 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion/Occupancy to permit, or remove the structures on or before August 1,2011, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.47 18. CASE NO: CEPM20110004770 OWNER: ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (15), (12)(i). POOL IS GREEN AND UNABLE TO SECURE THE SCREEN ENCLOSURE DOOR AND THE DOOR TO THE FENCE. FOLIO NO: 36110760000 16 16 I ,1 July 1,2011 A . Z'.'r VIOLA nON ADDRESS: 4998 23RD COURT SW, NAPLES Date of Hearing Notice by Certified Mail: 6/16/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 Investigator Paul presented the case. Evidence entered: Composite Exhibit A - 2 photos The violation remains as of 6/30/11. 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. 56 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 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 July 8, 2011 or a fine 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. Make all necessary repairs of the pool cage structure on or before July 8, 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. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 6. 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 requestedfrom the Collier County Sheriff's Office to enforce the provisions of the Order. Total Amount Due: $112.56 20. CASE NO: CESD20100003657 OWNER: JOSHUA S. LAINHART AND MELANIE D. MEYER OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: 2007 FLORIDA BUILDING CODE CHAPTER 1, SECTION 105.4.1. PERMIT NUMBER 2003052154 FOR SCREENED ADDITION EXPIRED ON DECEMBER 3, 2003. NO CERTIFICA TE OF COMPLETION OBTAINED. FOLIO NO: 37869920006 VIOLATION ADDRESS: 2170 20TH AVENUE NE, NAPLES 17 16 \ 1 I July 1,2011 A 241 Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Potter presented the case. Evidence entered: Composite Exhibit A-I photo dated 6/30/11 The violation remains as of 6/30/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion/Occupancy to permit the screened addition or remove the addition on or before August 1,2011, or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.38 21. CASE NO: CEV20110007567 OWNER: CDRE TRADING LLC OFFICER: INVESTIGA TOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4.05.03. VEHICLE ON LAWN. FOLIO NO: 36560400004 VIOLATION ADDRESS: 2864 44TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6120/11 Investigator Gomez presented the case. Evidence entered: Composite Exhibit A - I photo dated 3/29/11 Composite Exhibit B-1 photo dated 4/18/11 Composite Exhibit C - I photo dated 6/8/11 Composite Exhibit D - 1 photo dated 6/8/11 18 16 1 ,1 A July 1,2011 2~ The violation remains as of 6/30/11. Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 2. Move any and all vehiclesfrom thefront and rear yard of the property and park them on a stabilized pervious or imperviously treated surface by July 5,2011 or afine of $50. 00 per day will be imposedfor each day the violation remains there after unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Total Amount Due: $112.38 22. CASE NO: CEPM20110004681 OWNER: DANNY L. NAIRN AND MARIE E. NAIRN OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15). POOL NOT PROPERLY MAINTAINED, IN NEED OF WATER TREATMENT. FOLIO NO: 62761960100 VIOLATION ADDRESS: 753 93RD AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 Investigator Condamina presented the case. Evidence entered: Exhibit A-I photo dated 4/20/11 Exhibit B-1 photo dated 5/17/11 The violation remains as of 6/30/11 Finding the Notice of Hearing was properly served, the Special Magistratefound the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.64 incurred by Code Enforcement during the prosecution of the case on or before August 1,2011. 19 16111A July 1,2011 2 ~,~,. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before July 8, 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 July 8, 2011 or a fine 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. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. 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 requestedfrom the Collier County Sheriff's Office to enforce the provisions of the Order. Total Amount Due: $112.64 25. CASE NO: CEPM20110004442 OWNER: SAINT HUBERT JEAN BAPTISTE AND F ABIOLA ANTOINE OFFICER: INVESTIGA TOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i). BROKEN/MISSING WINDOW. FOLIO NO: 35989080006 VIOLATION ADDRESS: 4724 25TH AVENUE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Gomez presented the case. Evidence entered: Exhibit A-I photo dated 4/4/11 The violation remains as of 6/30/11 Finding the Notice of Hearing was properly served, the Special Magistratefound 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 August 1,2011. 2. Obtain valid Collier County Building Permits, all required inspections and a Certificate of Completion to restore the windows to a permitted condition on or before July 15,2011, 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; 20 16' It~.A 2 July 1,2011 3. Obtain a Collier County "Boarding Certificate" and "board" the windows on or before July 15,2011 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. If the option outlined in condition #3 is chosen, obtain all required Collier County permits to restore the windows to a permitted condition on or before January 2,2012, 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. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. 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 requestedfrom the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.29 26. CASE NO: CESD20110004443 OWNER: SAINT HUBERT JEAN BAPTISTE AND F ABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). SHED STRUCTURE ATTACHED TO HOUSE. FOLIO NO: 35989080006 VIOLATION ADDRESS: 4724 25TH AVENUE SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/20/11 Investigator Gomez presented the case. Evidence entered: Composite Exhibit A - 2 photos dated 4/4/11 The violation remains as of 6/30/11 Finding the Notice of Hearing was properly served, the Special Magistratefound 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 August 1,2011. 2. Obtain all Collier County Building or Demolition Permits, all required inspections and a Certificate of Completion/Occupancy to permit, or remove the structure on or before August 1,2011, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 21 t~l,LI 1 A - 2~ 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.29 VI. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: 1. CASE NO: CEROW200900l5230 OWNER: ALAN D. MONTGOMERY ESTATE OFFICER: INVESTIGA TOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, SECTION 110-31 (a). SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY WITH NO PERMIT. FOLIO NO: 36239560000 VIOLATION ADDRESS: 5133 20TH COURT SW, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/16/11 The respondents were not present. Supervisor Letourneau presented the case. The violation has not been abated as of7/1/11. Special Magistrate Order No.: OR4681 - Page 2188 Fine Amount: $200.00 day Duration: 6/4/11 -7/1/11 (28 days) Total Fine Amount: $5,600.00 Unpaid Operational Costs: $112.29 Total to Date: $5,712.29 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $5,712.29. Said amount to become a lien on the property. Fines continue to acrue. 3. CASE NO: CEPM20l00005779 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-231 (15), CHAPTER 22 ARTICLE II, SECTION 22-26 AND THE FLORIDA BUILDING CODE CHAPTER 4, SECTION 22 6' 1 1 ~ July 1,2011 424.2.17.1. A PRIVATE DWELLING SWIMMING POOL WITH STAGNANT GREEN WATER WITHOUT A PROPER POOL BARRIER. FOLIO NO: 62093680006 VIOLATION ADDRESS: 5322 CATTS STREET, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 The respondents were not present. Investigator Kincaid presented the case. The violation has been abated as of 4/29/11. Special Magistrate Order No.: OR4621 - Page 2399 Fine Amount: $250.00 day Duration: 10/23/1 0 - 4/29/11 (189 days) Total Fine Amount: $47,250.00 Unpaid Abatement Costs: $2,225.00 Unpaid Operational Costs: $112.73 Total to Date: $49,587.73 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $49,587.73. Said amount to become a lien on the property. 4. CASE NO: CEPM20l000l85l5 OWNER: ELEANOR BUCHANAN OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-236 (2)(5) DANGEROUS BUILDING. ROOF CAVING AND IN A VERY POOR STATE WITH NUMEROUS PROPERTY MAINTENANCE VIOLATIONS, STRUCTURE IS OPEN TO THE ELEMENTS. FOLIO NO: 1134801501 VIOLA TION ADDRESS: 238 OLD TRAIN LANE, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 The respondents were not present. Investigator Seabasty presented the case. The violation has been abated as of 4/21 /11. Special Magistrate Order No.: OR4671 - Page 2329 Fine Amount: $250.00 day Duration: 3/12/11 - 4/21/11 (41 days) Total Fine Amount: $10,250.00 Unpaid Abatement Costs: $3,847.00 23 ,- A 2 16' 1 July 1,2011 Fl-r Unpaid Operational Costs: $112.47 Total to Date: $14,209.47 The Special Magistrate GRANTED the County's Motionfor Imposition of Fines for a total amount due of $14,209.47. Said amount to become a lien on the property. 5. CASE NO: CESD20l00004913 OWNER: SERGIO G. SALINAS AND PATRICIA SALINAS OFFICER: INVESTIGA TOR CARMELO GOMEZ VIOLATIONS: 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)(1)(a) AND SECTION 10.02.06 (B)(1)(e)(i). POOL NEVER RECEIVED CERTIFICATE OF OCCUP ANCY AND THREE UNPERMITTED STRUCTURES (TWO SHEDS AND ONE BBQ PIT). FOLIO NO: 35993680007 VIOLATION ADDRESS: 2756 47TH 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. Supervisor Letourneau presented the case. The violation has not been abated as of 7/1/11. Special Magistrate Order No.: OR4681 - Page 2190 Fine Amount: $100.00 day Duration: 6/4/11 - 7/1/11 (28 days) Total Fine Amount: $2,800.00 Unpaid Operational Costs: $112.73 Total to Date: $2,912.73 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $2,912.73. Said amount to become a lien on the property. Fines continue to accrue 6. CASE NO: CEPM20l00009663 OWNER: NEAL SWEENEY AND MARY SWEENEY OFFICER: INVESTIGATOR JAMES KINCAID VIOLA TIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (15). UNMAINTAINED POOL WATER, DARK IN COLOR. FOLIO NO: 24791001983 VIOLATION ADDRESS: 1319 BARNSTABLE COURT, NAPLES 24 161 i July 1,2011 Date of Hearing Notice by Certified Mail: 6/18/11 Date of Hearing Notice Property/Courthouse Posting: 6/10/11 The respondents were not present. The violation has been abated as of 3/25/11. Special Magistrate Order No.: OR4654 - Page 2477 Fine Amount: $250.00 day Duration: 2/12/11 - 3/25/11 (42 days) Total Fine Amount: $10,500.00 Paid Abatement Costs: $624.00 Paid Operational Costs: $120.08 Total to Date: $10,500.00 The Special Magistrate GRANTED the County's Motionfor Imposition of Fines for a total amount due of $1 O,SOO. 00. Said amount to become a lien on the property. 8. CASE NO: CEPM20l000l8l82 OWNER: MT AG CUST FOR PINE ASSET MGMT OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION(S) 22-231 (12)(g), 22- 231 (12)(i), 22-231 (12)(f), 22-243, 22-231 (12)(b), 22-242 (b), AND 22-231 (12)(d). MULTIPLE PROPERTY MAINTENANCE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO: MOLD THROUGHOUT EXTERIOR OF MOBILE HOME, PORCH AND STAIRS ROTTING, BROKEN WINDOWS, BOARDED DOORS ETC. FOLIO NO: 1132320000 VIOLATION ADDRESS: 237 MCBETH WAY, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/7/11 The respondents were not present. Investigator Seabasty presented the case. The violation has been abated as of 3/17/11. Special Magistrate Order No.: OR4647 - Page 3266 Fine Amount: $250.00 day Duration: 1/29/11 - 3/17/11 (48 days) Total Fine Amount: $12,000.00 Unpaid Abatement Costs: $4,390.00 25 A 2 161 1 A I July 1,2011 2'" Unpaid Operational Costs: $112.92 Total to Date: $16,502.82 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $16,S02.82. Said amount to become a lien on the property. 9. CASE NO: CEPM20l000l982l OWNER: IRENE CASTILLO AND BENITO ABRAHAM OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE SECTION 22-231 (19). LARGE BEE HIVE ON RESIDENTIAL PROPERTY. FOLIO NO: 62091480004 VIOLATION ADDRESS: 5229 MARTIN STREET, NAPLES Date of Hearing Notice by Certified Mail: 6/17/11 Date of Hearing Notice Property/Courthouse Posting: 6/17/11 The respondents were not present. Investigator Kincaid presented the case. The violation has been abated as of 3/16/11. Special Magistrate Order No.: OR4647 - Page 3143 Fine Amount: $250.00 day Duration: 1/22/11 - 3/16/11 (54 days) Total Fine Amount: $13,500.00 Unpaid Abatement Costs: $250.00 Unpaid Operational Costs: $112.38 Total to Date: $13,862.38 The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $13,862.38. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: 1. CASE NO: CENA20110001199 OWNER: PATRICIA J. CRETELLA AND RICHARD T. LAW FOLIO NO: 36966860002 The Special Magistrate GRANTED the County's Request. 26 16 I 1 - July 1,2011 A 2~ 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 HEARING DATE: August 5,2011 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F," 3rd Floor, 3299 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 2:50 PM. COLLIER COUNTY SPECIAL MAGISTRATE ~~gistrate The Minutes were appro d by the Special Magistrate on as presented , or as amended ~~\ 5,.Jo\\ 27