CESM Minutes 08/05/2011 161 ' 2 ,A6
August 5, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
ITRR.TRgY31
Naples, Florida, August 5, 2011 �G
BY:
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
Misc.Corres: Fiala c/
Hiller
Date:n.A\ b\" Henning
�1a►�2 V Coyle
Item#: ✓
Colette
-r)ies to:
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: August 5, 2011 at 9:00 A.M.
LOCATION: Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - June 20, 2011
July 1, 2011
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20110006480
SHADI OF NAPLES INC
INVESTIGATOR KITCHELL SNOW
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PROPERTY MAINTENANCE
CODE, 2004-58, SECTION 12. A STRUCTURE DAMAGED IN AN ACCIDENT/FIRE
CAUSED AN INSPECTION TO BE PERFORMED BY A CERTIFIED BUILDING
INSPECTOR. THE STRUCTURE WAS INSPECTED AND SUBSEQUENTLY DECLARED
TO BE A DANGEROUS BUILDING.
135480003
521 SOUTH FIRST STREET, IMMOKALEE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
SO 17 4092-CEEX2011 0009221
RAMON G. FIGUEROA
DEPUTY KELLER
CODE OF LAW & ORD., SEe. 130-66
PARKED ON SIDEWALK
SUPER W ALMART ON mLIET, NAPLES
S0166258-CEEX20110008929
PATRICK J. KLISIEWICZ
DEPUTY M. HERNANDEZ #3428
CODE OF LAW & ORD., SEe. 130-67
HANDICAPPED SPACE
9885 COLLIER BLVD, NAPLES
PR042532-CEEX20110007460
MARK E. SHAW
PARK RANGER MAURICIO ARAQUISTAIN
CODE OF LAW & ORD., SEe. 130-66
PARKING IN VEHICLE WITH TRAILER ONLY AREA
COCOHA TCHEE RIVER PARK, NAPLES
PR046629-CEEX20110008535
BRADLEY WINTHROP
PARK RANGER J. L. SULLIVAN
CODE OF LAW & ORD., SEC. 130-66
UNLA WFUL AREA/SIDEWALK
NORTH COLLIER REGIONAL PARK, NAPLES
2
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PU497 4-CEEX2011 000881 0
MAREK HEVIER
OFFICER MICHAEL ANDRESKY
ORDINANCE 1997-33, SECTION 6.A.6
CROSS CONNECTION CONTROL DEVICE HAD THE BACK LEG PULLED OUT OF
GROUND.
59810000144
14516 MARSALA WAY, NAPLES
PU4 730-CEEX2011 0009481
SANTA BARBARA LANDINGS PROPERTY OWNERS ASSN INC
OFFICER RA Y ADDISON
ORDINANCE 2005-44, SECTION 9 (4)
PUTRESCIBLE WASTE ON GROUND CONSISTING OF BUT NOT LIMITED TO: USED
DIAPERS, FOOD, CARDBOARD, GLASS, PLASTIC, SOIL UNDER CLOTHING, WOOD,
TOILETS, TV'S AND OTHER FURNITURE, ETC.
201 SANTA CLARA DRIVE, NAPLES
CESD20100020107
O'NEILL PARTNERS LLC
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
1O.02.06(B)(1)(a). GARAGES IN DUPLEX HAVE BEEN CONVERTED TO EFFICIENCIES,
ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
36110200007
5000 24TH AVENUE SW, NAPLES
CEV20110007291
RICHARD LARICHE JR AND VALERIE L. LARICHE
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-97(3). RECURRING VIOLATION OF COMMERCIAL VEHICLES AND
EQUIPMENT PARKED IN THE REAR OF THE PROPERTY THAT IS NOT CONCEALED
FROM THE VIEW OF NEIGHBORING PROPERTIES.
35647920000
4438 23RD PLACE SW, NAPLES
CESD20110002970
VEDA A. GAGLIARDI
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a) AND 1O.02.06(B)(1)(e). PERMIT #2004111850 FOR "REPLACE
WINDOWS" THAT WAS ISSUED ON NOVEMBER 17, 2004 AND EXPIRED ON MAY 16,
2005. CERTIFICATE OF COMPLETION WAS NOT ISSUED.
41933720005
6150 SPANISH OAKS LANE, NAPLES
3
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20110008138
JOSE GARCIA GONZALEZ AND MARIA CORZO
INVESTIGATOR CARMELO GOMEZ
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
4.05.03. RED KIA ON LAWN.
36560240002
2912 44TH STREET SW, NAPLES
CESD20100021956
DON SCIOLI AND JOAN SCIOLI
INVESTIGATOR DELICIA PULSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a). AN ADDITION TO THE DWELLING AND THE PERMIT HAS NEVER
RECEIVED A CERTIFICATE OF COMPLETION.
62417080004
713 103RD AVENUE N, NAPLES
CENA2011 0006059
JOANNE CHRISTINE POYER EST, AND IRIS M. PAUL
INVESTIGATOR THERESE ROUSSEAU
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181.
SEVERAL ITEMS CLASSIFIED AS LITTER IN FRONT, SIDES, AND REAR YARD SUCH
AS: TIRES, BROKEN FURNITURE, BROKEN SCREEN DOORS, BUCKETS, BROKEN AND
RUSTY LAWN FURNITURE, AND PARTS OF VEHICLES STREWN ABOUT.
63505080009
3612 CROTON ROAD, NAPLES
CEPM20100003914
SIEGFRIED AND IRENE G. FASCHER R/F TRUST UTD 9/24/93
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-234(3), 22-231 (12)(b), AND 22-231(19). SINGLE FAMILY RESIDENCE HAS
BEEN DECLARED A DANGEROUS BUILDING BY COLLIER COUNTY. DWELLING HAS
SEVERAL PROPERTY MAINTENANCE VIOLATIONS TO INCLUDE BUT NOT LIMITED
TO: INFESTATION, PAINT CHIPPING, ROTTED WOOD AND STRUCTURAL SUPPORTS
MISSING. ACCESSORY STRUCTURE ALSO DECLARED DANGEROUS.
74080200005
11219 KEEW AYDIN ISLAND, NAPLES
CEPM20110004402
JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR UTD 10/8/96
INVESTIGATOR JAMES KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(12)(b) AND (c). RIGHT SIDE OF THE HOUSE NEAR THE FRONT HAS A ROTTED
OUT AREA IN THE GUTTER BOARD AND SURROUNDING AREA THAT IS BETWEEN 2
AND 3 FEET IN LENGTH, ALLOWING ACCESS DIRECTLY INTO THE ATTIC.
55402400004
451 TORREY PINES POINT, NAPLES
4
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100001516
GERALD DIPASQUALE
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(1)(a). WOOD DECK CONSTRUCTED WITHOUT FIRST OBTAINING A
COLLIER COUNTY BUILDING PERMIT.
38722840002
4025 62ND AVENUE NE, NAPLES
CESD20110000250
WING SOUTH AIRP ARK PRIVATE CONDO
INVESTIGATOR THERESE ROUSSEAU
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02. 13(F). OVERDUE ANNUAL PUD MONITORING REPORT.
422440002
WING SOUTH AIRP ARK PRIVATE VILLAS, NAPLES
CEAU20110001340
KHADIM HUSSAIN
INVESTIGATOR JANIS POTTER
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
WOODEN PLANK FENCE IN DISREPAIR AND A WIRE FENCE ON THE PROPERTY. NO
COLLIER COUNTY PERMITS OBTAINED.
39952880006
3265 35TH AVENUE NE, NAPLES
CESD20110001342
KHADIM HUSSAIN
INVESTIGATOR JANIS POTTER
COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS AMENDED,
SECTION 10.02.06(B)(1)(a) AND THE FLORIDA BUILDING CODE, 2007 EDITION,
CHAPTER 1 PERMITS, SECTION 105.1. SHED ON THE PROPERTY WITHOUT A PROPER
COLLIER COUNTY PERMIT.
39952880006
3265 35TH AVENUE NE, NAPLES
CESD20100009819
RP/SIX DEVELOPMENT LLC
INVESTIGATOR HEINZ BOX
COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II FLORIDA BUILDING CODE, ADOPTION AND
AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b) (104.5.1.4.4).
ABANDONED OR SUSPENDED PERMIT #2010071280.
276360008
4176 MERCANTILE AVENUE, NAPLES
5
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
CEPM20110007564
ELI WALLEN AND DANNIE DEVOL
INVESTIGATOR ARTHUR FORD
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). UNMAINTAINED SWIMMING POOL.
62766360006
707 94TH AVENUE N, NAPLES
CESD20110004390
WILMER ESPINAL
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(1)(a). STRUCTURE LOCATED IN THE REAR PROPERTY AREA WITHOUT
COLLIER COUNTY BUILDING PERMITS.
38850200006
5845 EVERGLADES BLVD N, NAPLES
DAS12519-CEEX20110008345
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEe. 8
ALLOW ROOSTERS TO CAUSE OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
DAS12520-CEEX20110008376
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEe. 8
ALLOW BIRDS TO CAUSE AN OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
DAS12521-CEEX20110008509
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEe. 8
ALLOW BIRDS TO CAUSE AN OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
6
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
DAS12522-CEEX20110008511
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEC. 8
ALLOW BIRDS TO CAUSE AN OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
DAS12523-CEEX20110008513
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEe. 8
ALLOW BIRDS TO CAUSE AN OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
DAS12524-CEEX20110008514
PAT SWALLOWS
OFFICER ANITA MARTINDALE
CODE OF LAW & ORD. 1 H, SEe. 8
ALLOW BIRDS TO CAUSE AN OBJECTIONABLE NOISE OF CONTINUOUS DURATION
SO AS TO CREATE A NUISANCE.
3560 25TH AVENUE SW, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CENA20100009616
JEAN CLAUDE MARTEL
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-181 AND
54-179 . REPEAT VIOLATION OF LITTER/DERELICT ITEMS CONSISTING OF BUT NOT
LIMITED TO: CHEMICAL ruGS, PAINT CANS, WOOD, BROKEN FURNITURE,
PLASTICS, METALS, CLOTH MATERIAL, AND OTHER MISCELLANEOUS ITEMS
SCATTERED THROUGHOUT THE FRONT YARD.
61839320000
3190 KAREN DRIVE, NAPLES
7
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100004761
WILNER FRANCOIS AND SANDY ST. FLEUR
INVESTIGATOR CARMELO GOMEZ
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1,
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B) (1)(a). PVC FENCE AROUND POOL, NEVER RECEIVED CERTIFICATE OF
COMPLETION.
36560840004
2700 44TH STREET SW, NAPLES
CEPM20110000018
ADRIANA ARIZMENDI AND JOSE ARIZMENDI
INVESTIGATOR RENALD PAUL
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-243 .
LANAI DOOR UNSECURED.
36125880001
199148TH STREET SW, NAPLES
CEPM20110001550
PRIME HOMES AT PORTOFINO FALLS
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231(12)(d), (12)(p), AND 22-231 (19). EXTERIOR DOOR STICKS, NOT ALLOWING
PROPER INGRESS/EGRESS, LEAKY PIPES, DAMAGED CEILING AND MOLD.
32425005564
7082 VENICE WAY, NAPLES
CESD20100019403
H & H 29TH AVE HOLDINGS LLC
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). TIKI HUT, SHED, AND FRONT WALL STRUCTURE WITHOUT
COLLIER COUNTY BUILDING PERMITS.
40171920008
3220 29TH AVENUE NE, NAPLES
CESD20100014276
DENTON II LLC
INVESTIGATOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). LARGE METAL TYPE SHED PLACED IN THE REAR OF IMPROVED
PROPERTY WITHOUT A PERMIT.
66930120007
437 CARVER STREET, IMMOKALEE
8
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100018415
PEDRO ALVAREZ
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1 0.02.06(B)(1)( a). WINDOWS HAVE BEEN REPLACED WITHOUT PERMITS.
36614600006
4301 3RD AVENUE SW, NAPLES
CESD20100002960
LEOBARDO GUTIERREZ AND MARITZA GUTIERREZ
INVESTIGATOR TONY ASARO
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
CORRALS ERECTED WITHOUT COLLIER COUNTY BUILDING PERMITS.
39655120005
1815 47TH AVENUE NE, NAPLES
CEPM20100008282
JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR UTD 10/8/96
INVESTIGATOR JAMES KINCAID
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-
231 (15). A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN IMPROPERLY
MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR INSECT
INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND BECOME
POLLUTED WITH GREEN ALGAE.
55402400004
451 TORREY PINES POINT, NAPLES
CEPM20100017789
ELVIS CAMACHO
INVESTIGATOR HEINZ BOX
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.
38100840006
2725 70TH STREET SW, NAPLES
CEPM20110000638
ELVIS CAMACHO
INVESTIGATOR HEINZ BOX
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI, SECTION 22-243(3), METHOD FOR DESIGNATION AND
ELIMINATION OF HAZARDOUS BUILDINGS 22-236. DANGEROUS/HAZARDOUS
BUILDING DESTROYED BY FIRE.
38100840006
2725 70TH STREET SW, NAPLES
9
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CEPM20100004034
ABEL D. ACCILIO AND SARA ACCILIO
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231 (15). POOL WITH ALGAE GROWTH.
64701126902
907 SUMMERFIELD DRIVE, NAPLES
CEPM20100001420
JOSEPH AND KAREN SAL V ATORIELLO
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15)(12n). A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN
IMPROPERLY MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR
INSECT INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND BECOME
POLLUTED WITH GREEN ALGAE. THE POOL SCREEN ENCLOSURE IS TORN AND THE
DOORS ARE UNSECURED ALLOWING POSSIBLE ACCESS TO THE POOL AREA.
71373120002
18445 ROYAL HAMMOCK BLVD, NAPLES
CESD20100003742
SANDRA L. CASTRO
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS AMENDED,
SECTION 1O.02.06(B)(1)(a) AND THE FLORIDA BUILDING CODE 2007 EDITION,
CHAPTER 1 PERMITS, SECTION 105.1. FENCE AND STRUCTURES ON THE PROPERTY
WITHOUT COLLIER COUNTY BUILDING PERMITS.
40060360106
3950 31 ST AVENUE NE, NAPLES
A. Motion to Amend Previously Issued Order:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100018647
TARPON IV LLC
INVESTIGATOR ED MORAD
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(i). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND
NOT PROPERLY FITTED WITHIN ITS FRAME, NOT PROVIDED WITH LOCKABLE
HARDWARE, NOT WEATHER-TIGHT AND WEATHERPROOF, AND NOT MAINTAINED
IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT CRACKS OR HOLES.
65070800000
616 PALMETTO AVENUE, IMMOKALEE
10
B. Motion to Rescind Previously Issued Order:
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: September 2, 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
11
161 2 A6 :
August 5, 2011
Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record
�. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. The Special
Magistrate noted that, prior to conducting the hearing, Respondents were given an opportunity to
speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain
compliance without being punitive.
Break: 9:15 a.m.
Reconvened: 9:35 a.m.
��. APPROVAL OF AGENDA
Under Item #IV.B — Motion for Continuance — addition of the following cases (listed below as
Agenda Items):
• #13 - CASE NO: CEPM20100003914-SIEGFRIED AND IRENE G. FASCHER R/F TRUST
UTD 9/24/93
• #6 - CASE NO: PU4730-CEEX20110009481 - SANTA BARBARA LANDINGS
PROPERTY OWNERS ASSN. INC.
Under Item #V.A - Public Hearings - Stipulations - The following cases were added(listed below as
Agenda Items):
• #10—CASE NO: CEV20110008138 - JOSE GARCIA GONZALEZ AND MARIA CORZO
• #15 - CASE NO: CESD20100001516 - GERALD DIPASQUALE
• #19 - CASE NO: CESD20100009819 - RP/SIX DEVELOPMENT LLC
• #5 - CASE NO: PU4974-CEEX20110008810 - MAREK HEVIER
• #7 - CASE NO: CESD20100020107 - O'NEILL PARTNERS LLC
Under Item #V.B—Public Hearings - Hearings - The following cases were withdrawn by the County,
(listed below as Agenda Items):
• #1 - CASE NO: 50174092-CEEX20110009221 - RAMON G. FIGUEROA
• #2 - CASE NO: SO166258-CEEX20110008929 - PATRICK J. KLISIEWICZ
• #3 - CASE NO: PR042532-CEEX20110007460 - MARK E. SHAW
• #4 - CASE NO: PR046629-CEEX20110008535 - BRADLEY WINTHROP
• #9 - CASE NO: CESD20110002970 -VEDA A. GAGLIARDI
• #11 - CASE NO: CESD20100021956 - DON SCIOLI AND JOAN SCIOLI
• #12 - CASE NO: CENA20110006059 - JOANNE CHRISTINE POYER EST, AND IRIS M.
PAUL
• #16 - CASE NO: CESD20110000250 - WING SOUTH AIRPARK PRIVATE CONDO
• #17 - CASE NO: CEAU20110001340 - KHADIM HUSSAIN
• #18 - CASE NO: CESD20110001342 - KHADIM HUSSAIN
• #20 - CASE NO: CEPM20110007564 - ELI WALLEN AND DANNIE DEVOL
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August 5, 2011
• #22 - CASE NO: DAS12519-CEEX20110008345 - PAT SWALLOWS
• #23 - CASE NO: DAS12520-CEEX20110008376 - PAT SWALLOWS
• #24—CASE NO: DAS12521-CEEX20110008509 - PAT SWALLOWS
• #25 —CASE NO: DAS 12522-CEEX20110008511 - PAT SWALLOWS
• #26 - CASE NO: DAS12523-CEEX20110008513 - PAT SWALLOWS
• #27 - CASE NO: DAS12524-CEEX20110008514 - PAT SWALLOWS
Under Item #VI.A-New Business -Motion for Imposition of Fines - The following cases were
withdrawn by the County, (listed below as Agenda Items):
• #4 - CASE NO: CEPM20110001550 - PRIME HOMES AT PORTOFINO FALLS
Under Item #VII.A—Old Business—Motion to Amend Previously Issued Order- The following
cases were withdrawn by the County, (listed below as Agenda Items):
• #1 - CASE NO: CEPM20100018647 - TARPON IV LLC
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—June 20,2011
July 1,2011
The Minutes of the Special Magistrate Hearing held on June 20, 2011 and July 1, 2011 were
reviewed by the Special Magistrate and approved as submitted.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20100009616
OWNER: JEAN CLAUDE MARTEL
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54,ARTICLE VI, SECTION 54-181
AND 54-179.REPEAT VIOLATION OF LITTER/DERELICT ITEMS CONSISTING OF
BUT NOT LIMITED TO: CHEMICAL JUGS,PAINT CANS,WOOD,BROKEN
FURNITURE, PLASTICS,METALS,CLOTH MATERIAL,AND OTHER
MISCELLANEOUS ITEMS SCATTERED THROUGHOUT THE FRONT YARD.
FOLIO NO: 61839320000
VIOLATION ADDRESS:3190 KAREN DRIVE,NAPLES
Investigator Botts represented the County.
Jean Claude Martel, the Respondent was present.
Investigator Botts provided an overview of the case noting:
• Mr. Martel was found in violation of Collier County Ordinances as listed above with
an order issued by the Special Magistrate on 12/3/10.
• As of 8/5/11 the violation has not been abated.
• Fine Amount: $200.00/day
• Fines incurred from 12/11/10—8/5/11 (238 days) - $47,600.00
• Unpaid operational costs—$112.20
• Total Amount Due: $47,712.20
• On February 18, 2011, the County assisted Mr. Martel in partial cleanup of the
property, however the rear of the property is still in violation.
Mr. Martel testified:
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• The front yard is cleaned up and the only items in the rear are behind a fence and are
an air compressor and a few other miscellaneous items.
Investigator Botts reported, and Mr. Martel agreed, Code Enforcement Officers have not
gained permission to view behind the fence to determine the severity of the violation.
Special Magistrate Garretson requested Mr. Martel allow County Official to view behind
the fence to determine if the area is in conformance with County Ordinances.
The Special Magistrate CONTINUED the case until 9/2/11 to allow County Officials an
opportunity to view behind the fence in question to determine if the area is in conformance
with County Ordinances.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
13. CASE NO: CEPM20100003914
OWNER: SIEGFRIED AND IRENE G.FASCHER RJF TRUST UTD 9/24/93
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTIONS 22-234(3),22-231 (12)(b),AND 22-231(19). SINGLE FAMILY RESIDENCE
HAS BEEN DECLARED A DANGEROUS BUILDING BY COLLIER COUNTY.
DWELLING HAS SEVERAL PROPERTY MAINTENANCE VIOLATIONS TO INCLUDE
BUT NOT LIMITED TO: INFESTATION,PAINT CHIPPING,ROTTED WOOD AND
STRUCTURAL SUPPORTS MISSING.ACCESSORY STRUCTURE ALSO DECLARED
DANGEROUS.
FOLIO NO: 74080200005
VIOLATION ADDRESS: 11219 KEEWAYDIN ISLAND,NAPLES
Michael Volpe, of Robbins,Kaplin,Miller& Ciresi, LLP represented the Respondents who
were not present. He requested a continuance as the Respondents are in the process of
addressing the violation and it requires action by the Collier County Historic Architectural and
Preservation Board.
Investigator Mcgonagle stated the County had no objection to the request.
The Special Magistrate GRANTED a 60 day continuance for the case.
6. CASE NO: PU4730-CEEX20110009481
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNERS ASSN INC
OFFICER: OFFICER RAY ADDISON
VIOLATIONS: ORDINANCE 2005-44, SECTION 9(4)
PUTRESCIBLE WASTE ON GROUND CONSISTING OF BUT NOT LIMITED TO:USED
DIAPERS,FOOD,CARDBOARD,GLASS,PLASTIC, SOIL UNDER CLOTHING,WOOD,
TOILETS,TV'S AND OTHER FURNITURE,ETC.
VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES
A written request for a continuance was submitted by the landowners Attorney. No
representatives of the Respondent were present.
Officer Addison noted the case has been ongoing for a long period of time. He has
constantly contacted all parties associated with the violation with little or no response. The
violation is a health, safety and welfare issue. The parties were duly notified for the hearing
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August 5, 2011
on July 15, 2011 and the request for continuance was filed on August 4, 2011. He requested
the motion be denied and the case be heard today.
The Special Magistrate DENIED the Respondent's motion for a continuance.
C. Motion for Extension of Time
1. CASE NO: CEPM20110006480
OWNER: SHADI OF NAPLES INC
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,PROPERTY
MAINTENANCE CODE,2004-58, SECTION 12.A STRUCTURE DAMAGED IN AN
ACCIDENT/FIRE CAUSED AN INSPECTION TO BE PERFORMED BY A CERTIFIED
BUILDING INSPECTOR.THE STRUCTURE WAS INSPECTED AND SUBSEQUENTLY
DECLARED TO BE A DANGEROUS BUILDING.
FOLIO NO: 135480003
VIOLATION ADDRESS: 521 SOUTH FIRST STREET,IMMOKALEE
Investigator Snow represented the County.
Mohammed Rahmes,the Respondent was present.
Mr. Rahmes requested a 30 day extension to comply with the Special Magistrate's Order.
Investigator Snow reported the Respondent is addressing the violation as expeditiously as
possible and is paying the operational costs today. The public health safety and welfare
concern has been addressed by the Respondent.
The Special Magistrate GRANTED the Respondent a 60 day continuance for complying
with the Order.
V. PUBLIC HEARINGS
A. Stipulations
10. CASE NO: CEV20110008138
OWNER: JOSE GARCIA GONZALEZ AND MARIA CORZO
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03.RED KIA ON LAWN.
FOLIO NO: 36560240002
VIOLATION ADDRESS:2912 44TH STREET SW,NAPLES
Investigator Gomez represented the County.
The Stipulation was entered into by the Respondent Jose Gonzalez, August 5, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.29 incurred in the prosecution of this case
by September 5, 2011.
2. Abate all violations by moving any and all vehicles from the front/rear yard of the
property and park them on the designated parking area of the property as outlined in the
Collier County Land Development Code by August 8, 2011 or pay a fine of$50.00 a day
that the violation remains unabated.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
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hours prior to a Saturday, Sunday or legal holiday, then the notification must be made
on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
It was noted the Operational Costs have been paid by the Respondent.
15. CASE NO: CESD20100001516
OWNER: GERALD DIPASQUALE
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). WOOD DECK CONSTRUCTED WITHOUT FIRST OBTAINING A
COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 38722840002
VIOLATION ADDRESS:4025 62ND AVENUE NE,NAPLES
The Hearing was requested by Code Enforcement Investigator Tony Asaro who was present.
The Stipulation was entered into by the Respondent Gerald Dipasqale, August 5, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.56 incurred in the prosecution of this case
by September 5, 2011.
2. Abate all violations by obtaining Collier County Building Permit(s), or a Collier County
Demolition Permit, request all required inspections, and Certificate of Completion by
September 5, 2011 or a fine 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 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday,Sunday or legal holiday, then the notification must be made
on the next day that is not a Saturday,Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
19. CASE NO: CESD20100009819
OWNER: RP/SIX DEVELOPMENT LLC
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS,ARTICLE II FLORIDA BUILDING CODE,ADOPTION AND
AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(104.5.1.4.4).
ABANDONED OR SUSPENDED PERMIT#2010071280.
FOLIO NO: 276360008
VIOLATION ADDRESS:4176 MERCANTILE AVENUE,NAPLES
The Hearing was requested by Code Enforcement Investigator Heniz Box who was present.
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August 5, 2011
The Stipulation was entered into by the Respondent Representative Richard Cahoon, August 5,
2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.29 incurred in the prosecution of this case
by September 5, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or a
Collier County Demolition Permit inspections and Certificate of Occupancy by
September 5, 2011 or a fine 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 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday,Sunday or legal holiday, then the notification must be made
on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
5. CASE NO: PU4974-CEEX20110008810
OWNER: MAREK HEVIER
OFFICER: OFFICER MICHAEL ANDRESKY
VIOLATIONS: ORDINANCE 1997-33, SECTION 6.A.6
CROSS CONNECTION CONTROL DEVICE HAD THE BACK LEG PULLED OUT OF
GROUND.
FOLIO NO: 59810000144
VIOLATION ADDRESS: 14516 MARSALA WAY,NAPLES
The hearing was requested by Investigative Officer Ray Addison who was present.
The Stipulation was entered into by the Respondent's Marek Hevier on August 5, 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$155.00 incurred in the prosecution of the case by
September 5, 2011. Repair costs to be included in the water bill, no civil penalty.
Total Due: $155.00
7. CASE NO: CESD20100020107
OWNER: O'NEILL PARTNERS LLC
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION
10.02.06(B)(1)(a). GARAGES IN DUPLEX HAVE BEEN CONVERTED TO
EFFICIENCIES,ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
FOLIO NO: 36110200007
VIOLATION ADDRESS: 5000 24111 AVENUE SW,NAPLES
The Hearing was requested by Code Enforcement Investigator Renald Paul who was present.
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August 5, 2011
The Stipulation was entered into by the Respondent Joseph O'Neill, August 5, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.56 incurred in the prosecution of this case
by September 5, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or a
Collier County Demolition Permit, inspections and Certificate of Completion by
December 5, 2011 or a fine or$200.00 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 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be made
on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Due: $112.56
B. Hearings
8. CASE NO: CEV20110007291
OWNER: RICHARD LARICHE JR AND VALERIE L. LARICHE
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER
130, SECTION 130-97(3).RECURRING VIOLATION OF COMMERCIAL VEHICLES
AND EQUIPMENT PARKED IN THE REAR OF THE PROPERTY THAT IS NOT
CONCEALED FROM THE VIEW OF NEIGHBORING PROPERTIES.
FOLIO NO: 35647920000
VIOLATION ADDRESS:4438 23RD PLACE SW,NAPLES
Investigator Mucha represented the County
Richard Lariche,Jr. and Valerie L. Lariche,the Respondents were present.
County Evidence Entered: Composite Exhibit A - 2 photos taken 6/1/11.
Investigator Mucha testified:
• There are two pieces of excavation equipment behind a fence recently installed by the
Respondents with their roofs visible.
• Mr. Mucha closed the orginal case after the fence was installed, however a complaint
was filed and it is a"technical violation"with the roofs of the equipment visible from
the street.
The Respondents testified:
• The fence was installed and they were under the impression the installation
constituted compliance with County Ordinances.
• Following the installation of the fence, a business competitor filed a complaint.
• The complaintent is not an adjacent property owner, however lives in the
neighborhood.
• There are no complaints by adjacent neighbors.
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Discussion occurred on attempting to find a resolution to the case.
The Special Magistrate CONTINUED the case until 9/2/11 to see if the County and
Respondent can determine a resolution to the case.
14. CASE NO: CEPM20110004402
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR UTD 10/8/96
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(12)(b)AND(c). RIGHT SIDE OF THE HOUSE NEAR THE FRONT
HAS A ROTTED OUT AREA IN THE GUTTER BOARD AND SURROUNDING AREA
THAT IS BETWEEN 2 AND 3 FEET IN LENGTH,ALLOWING ACCESS DIRECTLY
INTO THE ATTIC.
FOLIO NO: 55402400004
VIOLATION ADDRESS:451 TORREY PINES POINT,NAPLES
Investigator Kincaid represented the County.
Judith Hill,the Respondent was present.
County Evidence Entered: Composite Exhibit A—2 photos dated 4/4/11
Exhibit B— 1 photo dated 8/4/11
Investigator Kincaid provided an explanation of the violation via the photos.
Ms. Hill testified:
• She has attempted to correct the violation but has health issues and trouble finding a
contractor to complete the work.
• Correcting the violation is a hardship for her.
Discussion occurred on identifying an avenue to correct the violation (church group
assistance, etc.) It was determined a violation does exist and the County may abate the
violation on her behalf.
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$112.64 incurred in the prosecution of this case
by September 5, 2011.
2. Abate all violations by obtaining all applicable Collier County Building Permit(s),
inspections and Certificates of Occupancy/Completion necessary to repair or replace any
parts of the roof system damaged by the intrusion of rain water or moisture and protect
all exterior wood surfaces, other than decay resistant wood and repair areas by painting
by September 5, 2011 or a fine 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 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.
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Total Amount Due: $112.64
VII. NEW BUSINESS
B. Motion for Imposition of Fines: - Continued
9. CASE NO: CEPM20100008282
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR UTD 10/8/96
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,SECTION
22-231(15).A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN
IMPROPERLY MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR
INSECT INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND
BECOME POLLUTED WITH GREEN ALGAE.
FOLIO NO: 55402400004
VIOLATION ADDRESS:451 TORREY PINES POINT,NAPLES
Investigator Kincaid provided an overview of the case noting:
• Special Magistrate Order No. 4621 - Page 2545 — 10/15/10
• The County abated the violation on 1/11/11.
• Fine Amount: $250.00/day
• Fines incurred from 10/23/10 — 1/11/11 (81 days) - $20,250.00
• Unpaid abatement costs: $872.20
• Unpaid operational costs: $112.73
• Total Amount Due: $21,234.93
Ms. Hill testified:
• She was out of state seeking medical attention from September-November of 2010
and recouperating in early 2011.
• She was not at the residence when the violation was abated by the County.
• She asserted the contractor who abated the violation caused damage to her door,
damaged furnishings and left refuse behind.
The Special Magistrate GRANTED the County's motion, however waived the fines and
assessed the Abatement and Operational Costs in the amount of$984.93. Said assessment
to become a lien on the property.
Code Enforcement Staff to investigate her assertion regarding the activities of the
contractor responsible for abating the violation.
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
COMPLETION.
FOLIO NO: 36560840004
VIOLATION ADDRESS:2700 44TH STREET SW,NAPLES
Supervisor Letourneau represented the County.
Wilner Francois, the Respondent was present.
Supervisor Letourneau provided an overview of the case noting:
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August 5, 2011
• Previous Special Magistrate Order No. 4671 -Page 2323 —3/4/11
• The violation was abated on 6/6/11.
• Fine Amount: $100.00/day
• Fines incurred from 4/5/11 —6/6/11 (63 days) - $6,300.00
• Total Amount Due: $6,300.00
• He recommends the fine be waived.
The Special Magistrate DENIED the County's motion.
8. CASE NO: CESD20100002960
OWNER: LEOBARDO GUTIERREZ AND MARITZA GUTIERREZ
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
CORRALS ERECTED WITHOUT COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 39655120005
VIOLATION ADDRESS: 1815 47TH AVENUE NE,NAPLES
Investigator Asaro represented the County.
Leobardo Gutierrez, the Respondent was present.
Brenda Gutierez, an interpreter was present.
Investigator Asaro provided an overview of the case noting:
• Previous Special Magistrate Order No. 46 94 - Page 2323 —6/3/11
• The violation has not been abated as of 8/5/11.
• Fine Amount: $100.00/day
• Fines incurred from 7/3/11 — 8/5/11 (34 days) - $3,400.00
• Total Amount Due: $3,400.00
Mr. Gutierrez testified:
• The original permit included construction of a corral and roofed area.
• The corral portion of the permit has been completed.
• The roofed area has not been completed due to financial hardship.
• His intention at this point, is to amend the permit to eliminate the roofed area and
bring the project into conformance with a valid permit.
The Special Magistrate CONTINUED the case until September 2, 2011 to provide an
opportunity for the Respondent to amend the permit and obtain all related inspections. If
the Respondent comes into compliance by that time, the fines are a abated during the
continuation period. If the violation is not brought into compliance with County
Ordinances,fines as necessary may be imposed.
Break: 11:48 a.m.
Reconvened: 12:05 p.m.
V. PUBLIC HEARINGS - continued
C. Hearings
6. CASE NO: PU4730-CEEX20110009481
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNERS ASSN INC
OFFICER: OFFICER RAY ADDISON
VIOLATIONS: ORDINANCE 2005-44, SECTION 9(4)
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PUTRESCIBLE WASTE ON GROUND CONSISTING OF BUT NOT LIMITED TO:USED
DIAPERS,FOOD,CARDBOARD,GLASS,PLASTIC, SOIL UNDER CLOTHING,WOOD,
TOILETS,TV'S AND OTHER FURNITURE,ETC.
VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 7/20/11
Date of Hearing Notice Property/Courthouse Posting: 7/22/11
Officer Addison represented the County.
Evidence Entered: Composite Exhibit A—5 photos
Officer Addison testified:
• The violation is a repeat violation consisting of lack of removal of refuse (as
described in the complaint) in a timely manner.
• The violation is a matter of public health, safety and welfare.
Discussion occurred on an avenue to address the violatoin including the County abating the
violation by engaging a refuse removal contractor to service the area on a regular basis and
assessing the charges to the property owner.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the violation and found the violation is an extraordinary
cirumstance affecting the health,safety and welfare of the public and assessed a "Super
Fine"of$25,000.00 and in addtion ordered the Respondent to:
1. Pay the Operational Costs incurred by Code Enforcement during the prosecution of the
case for$55.00 on or before September 5, 2011.
3. Comply, and remain in compliance with the applicable County Ordinances by August 8,
2011.
4. Notify the Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
5. If the Respondents have not complied by the deadline, the County is authorized to
initiate the nuisance abatement process in order to abate the violation.
21. CASE NO: CESD20110004390
OWNER: WILMER ESPINAL
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). STRUCTURE LOCATED IN THE REAR PROPERTY AREA WITHOUT
COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 38850200006
VIOLATION ADDRESS: 5845 EVERGLADES BLVD N,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/26/11
Investigator Asaro presented the case.
Evidence Entered: Exhibit A— 1 photo
The violation remains as of 8/5/11
Finding the Notice of Hearing was properly served the Respondent was found GUILTYof
the alleged violation and ordered to:
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August 5, 2011
1. Pay the Operational Costs incurred by Code Enforcement during the prosecution of the
case for$112.56 on or before September 5, 2011.
2. Obtain a valid Collier County Building or Demolition Permits, all required inspections
and a Certificate of Completion to permit or remove the structures on or before
September 5, 2011, or a fine of$100.00 per day will be imposed for each day the
violation remains thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
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. If
necessary, assistance may be requested from the Collier County Sheriffs Office to
enforce the terms of the Stipulation.
Total Amount Due: $112.56
D. Emergency Cases:
None
VIII. NEW BUSINESS
C. Motion for Imposition of Fines: - Continued
3. CASE NO: CEPM20110000018
OWNER: ADRIANA ARIZMENDI AND JOSE ARIZMENDI
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE VI, SECTION 22-243 .
LANAI DOOR UNSECURED.
FOLIO NO: 36125880001
VIOLATION ADDRESS: 1991 48TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/14/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has been abated as of 6/28/11.
Special Magistrate Order No.: OR4675 —Page 1462 —4/1/11
Fine Amount: $200.00/day
Duration: 4/9/11 —6/28/11 (81 days)
Total Fine Amount: $16,200.00
Unpaid Abatement Costs: $280.00
Unpaid Operational Costs: $112.29
Total to Date: $16,592.29
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$16,592.29. Said amount to become a lien on the property.
5. CASE NO: CESD20100019403
OWNER: H&H 29TH AVE HOLDINGS LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). TIKI HUT,SHED,AND FRONT WALL STRUCTURE WITHOUT
COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 40171920008
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August 5, 2011
VIOLATION ADDRESS:3220 29TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/26/11
The respondents were not present.
Investigator Asaro presented the case.
The violation has not been abated as of 8/5/11.
Special Magistrate Order No.: OR4654—Page 2451 —2/4/11
Fine Amount: $100.00/day
Duration: 5/5/11 — 8/5/11 (93 days)
Total Fine Amount: $9,300.00
Total to Date: $9,300.00
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$9,300.00 Said amount to become a lien on the property. Fines continue to
accrue.
6. CASE NO: CESD20100014276
OWNER: DENTON II LLC
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a).LARGE METAL TYPE SHED PLACED IN THE REAR OF IMPROVED
PROPERTY WITHOUT A PERMIT.
FOLIO NO: 66930120007
VIOLATION ADDRESS:437 CARVER STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/15/11
The respondents were not present.
Investigator Snow presented the case.
The violation has been abated as of 4/4/11.
Special Magistrate Order No.: OR4635 —Page 820— 12/3/10
Fine Amount: $100.00/day
Duration: 1/4/11 —4/4/11 (91 days)
Total Fine Amount: $9,100.00
Unpaid Abatement Costs: $875.00
Unpaid Operational Costs: $112.29
Total to Date: $10,087.29
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$10,087.29. Said amount to become a lien on the property.
7. CASE NO: CESD20100018415
OWNER: PEDRO ALVAREZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). WINDOWS HAVE BEEN REPLACED WITHOUT PERMITS.
FOLIO NO: 36614600006
VIOLATION ADDRESS:4301 3RD AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
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August 5, 2011
Date of Hearing Notice Property/Courthouse Posting: 7/18/11
The respondents were not present.
Supervisor Letourneau presented the case.
The violation has not been abated as of 8/5/11.
Special Magistrate Order No.: OR4681 —Page 2194—5/3/11
Fine Amount: $100.00/day
Duration: 7/4/11 — 8/5/11 (33 days)
Total Fine Amount: $3,300.00
Unpaid Operational Costs: $112.12
Total to Date: $3,412.12
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$3,412.12. Said amount to become a lien on the property. Fines continue to
accrue.
10. 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
VIOLATIONADDRESS: 2725 70TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/18/11
The respondents were not present.
Investigator Box presented the case.
The violation has been abated as of 7/11/11.
Special Magistrate Order No.: OR4647—Page 3252— 1/14/11
Fine Amount: $250.00/day
Duration: 1/22/11 —7/11/11 (171 days)
Total Fine Amount: $42,750.00
Unpaid Operational Costs: $112.56
Total to Date: $42,862.56
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$42,862.56. Said amount to become a lien on the property.
11. CASE NO: CEPM20110000638
OWNER: ELVIS CAMACHO
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDINGS AND BUILDING
REGULATIONS,ARTICLE VI, SECTION 22-243(3),METHOD FOR DESIGNATION
AND ELIMINATION OF HAZARDOUS BUILDINGS 22-236.
DANGEROUS/HAZARDOUS BUILDING DESTROYED BY FIRE.
FOLIO NO: 38100840006
VIOLATION ADDRESS:2725 70TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/18/11
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The respondents were not present.
Investigator Box presented the case.
The violation has been abated as of 7/11/11.
Special Magistrate Order No.: OR4681 —Page 2192—5/3/11
Fine Amount: $250.00/day
Duration: 5/21/1 1 —7/11/11 (52 days)
Total Fine Amount: $13,000.00
Unpaid Operational Costs: $112.56
Total to Date: $13,112.56 j
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$13,112.56. Said amount to become a lien on the property
12. CASE NO: CEPM20100004034
OWNER: ABEL D.ACCILIO AND SARA ACCILIO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WITH ALGAE GROWTH.
FOLIO NO: 64701126902
VIOLATION ADDRESS:907 SUMMERFIELD DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/26/11
The respondents were not present.
Investigator Asaro presented the case.
The violation has been abated as of 5/23/11.
Special Magistrate Order No.: OR4654—Page 2469—2/4/11
Fine Amount: $250.00/day
Duration: 2/12/11 —5/23/11 (101 days)
Total Fine Amount: $25,250.00
Unpaid Abatement Costs: $933.75
Unpaid Operational Costs: $112.73
Total to Date: $26,296.48
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$26,296.48. Said amount to become a lien on the property.
13. CASE NO: CEPM20100001420
OWNER: JOSEPH AND KAREN SALVATORIELLO
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15)(12n). A PRIVATE DWELLING SWIMMING POOL THAT HAS
BEEN IMPROPERLY MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR
HARBOR INSECT INFESTATION.WATER HAS BEEN ALLOWED TO STAGNATE
AND BECOME POLLUTED WITH GREEN ALGAE. THE POOL SCREEN ENCLOSURE
IS TORN AND THE DOORS ARE UNSECURED ALLOWING POSSIBLE ACCESS TO
THE POOL AREA.
FOLIO NO: 71373120002
VIOLATION ADDRESS: 18445 ROYAL HAMMOCK BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
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August 5, 2011
Date of Hearing Notice Property/Courthouse Posting: 7/20/11
The respondents were not present.
Investigator Mcgonagle presented the case.
The violation has been abated as of 5/10/11.
Special Magistrate Order No.: OR4590—Page 2187—7/16/11
Fine Amount: Part B: $250.00/day - Part C: $250.00/day
Duration: Part B—7/20/10—5/10/11(295 days) - Part C—7/20/10—5/10/11 (295 days)
Total Fine Amount: $147,500.00 ($73,750 each-part B and part C)
Unpaid Abatement Costs: $3,966.40
Unpaid Operational Costs: $112.29
Total to Date: $151,578.69
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$151,578.69. Said amount to become a lien on the property.
14. CASE NO: CESD20100003742
OWNER: SANDRA L.CASTRO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS
AMENDED, SECTION 10.02.06(B)(1)(a)AND THE FLORIDA BUILDING CODE 2007
EDITION,CHAPTER 1 PERMITS, SECTION 105.1. FENCE AND STRUCTURES ON
THE PROPERTY WITHOUT COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 40060360106
VIOLATION ADDRESS:3950 31ST AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 7/21/11
Date of Hearing Notice Property/Courthouse Posting: 7/26/11
The respondents were not present.
Investigator Asaro presented the case.
The violation has not been abated as of 8/5/11.
Special Magistrate Order No.: OR4681 —Page 2202—5/3/11
Fine Amount: $100.00 day
Duration: 6/4/11 — 8/5/11 (63 days)
Total Fine Amount: $6,300.00
Unpaid Operational Costs: $112.12
Total to Date: $6,412.56
The Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total
amount due of$6,412.56. Said amount to become a lien on the property. Fines continue to
accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
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August 5, 2011
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: September2,2011 at 9:00 A.M. located at the Collier County
Government Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order
of the Special Magistrate at 12:59 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
A
B-•nda Garretson pecial Magistrate
The Minutes werrapproved by the Special Magistrate on l \ ,
as presented ✓ , or as amended
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