CESM Minutes 10/07/2011 16I 2 Octob 11
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 7, 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
Fiala J,
Hiller a
Hermit". -f :'
Coyle J„
Colette .1c
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
RECEIVED
NOV 0 3 2011
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1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE:
October 7, 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 - September 2, 2011
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
S0174548-CEEX20110011608
LLOYD L. BOWEIN
DEPUTY KELLER
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE, NO VISIBLE PERMIT
SUPER W ALMART ON JULIET, NAPLES
S0171990-CEEX20110010065
ANDREW M. JAMES AND COURTNEY M. JAMES
DEPUTY CARMINE MARCENO
CODE OF LAW & ORD., SEe. 130-66
UNLAWFUL AREA, IN CITY RIGHT OF WAY
1100 BLOCK OF WISCONSIN DRIVE, NAPLES
S0160520-CEEX2011 001 0851
LASZLO JEREMIAS
DEPUTY 1. ELSER
CODE OF LAW & ORD., SEC. 130-67
HANDICAPPED SPACE
9069 GERVAIS CIRCLE, NAPLES
PR046728-CEEX20110012967
CAROL H. KRALEY
PARK RANGER RICHARD MAUNZ
CODE OF LAW & ORD., SEe. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
SOUTH MARCO ACCESS PARKING LOT, MARCO ISLAND
PR046084-CEEX20110011270
REAL POINT LLC
PARK RANGER CAROL BUCKLER
CODE OF LAW & ORD., SEe. 130-66
FAILURE TO PROPERLY AFFIX BEACH STICKER
SOUTH MARCO ACCESS, MARCO ISLAND
PR0042653-CEEX2011 000994 7
LUIS A. RENDON
PARK RANGER RICHARD MAUNZ
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
CONNER PARK PARKING LOT, NAPLES
2
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PR046615-CEEX20110009669
BEAUTIFAUX LLC
PARK RANGER RICHARD MAUNZ
CODE OF LAW & ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
COLLIER BOAT PARK, NAPLES
PR045864-CEEX20110011159
MARK A. VESELY
PARK RANGER CYNTHIA GAYNOR
CODE OF LAW & ORD., SEe. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
BA YVIEW PARK, NAPLES
PR046623-CEEX20 11 0009955
BEN A. HANDA
PARK RANGER RICHARD MAUNZ
CODE OF LAW & ORD., SEe. 130-66
RESTRICTED AREA
VANDERBILT BEACH ACCESS, NAPLES
PU4732-CEEX20110012313
LENNAR HOMES LLC
INVESTIGATOR RAY ADDISON
CODE OF LAW & ORD. 1997-33, SEe. 6A6
NO FACILITY OWNER MA Y ALTER THE BACKFLOW PREVENTION ASSEMBLY
PROTECTING THE COUNTY'S WATER SYSTEM UNLESS SUCH ALTERATIONS ARE
APPROVED BY THE DEPARTMENT.
56324016669
8074 PRINCETON DRIVE, NAPLES
DAS12146-CEEX2011 00 12449
LIZABETH CUENY A
OFFICER ANDRA DOHERTY
CODE OF LAW & ORD. 2008-51, SEC. 14-33(a)(2)
DOG, "BRIAN" RUNNING AT LARGE.
6440 SABLE RIDGE LANE, 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
3
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
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:
CEV20110007977
JAMES DELLECA VE
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130-95
AND 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 AND STORAGE OF UNLICENSED
VEHICLES ON THE PROPERTY.
35647240007
4310 23RD PLACE SW, NAPLES
CENA20110009315
MICHAEL L. ROXBY AND NANCY L. ROXBY
INVESTIGATOR JEFF LETOURNEAU
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ENVIRONMENT, ARTICLE VI, WEEDS, LITTER, & EXOTICS, SECTION 54-185(a).
WEEDS OVER 18 INCHES.
35989880002
4463 25TH COURT SW, NAPLES
CEPM20080016475
SAN JANIE TREVINO AND GUADALUPE MARTINEZ
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231, SUBSECTIONS 9,11,12a, 12b, 12c, 12i, 12k, 12n, 120, 12p, 19 AND 20..
SINGLE F AMIL Y HOME THAT IS OWNER OCCUPIED THAT HAS NUMEROUS
MINIMUM HOUSING VIOLATIONS.
56400080001
311 PRICE STREET, IMMOKALEE
CEAU20100009648
FRANCISCO LOPEZ
INVESTIGATOR WELDON WALKER
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
FENCE ERECTED WITHOUT FIRST ACQUIRING A COLLIER COUNTY BUILDING
PERMIT.
87000007
620 CLIFTON ROAD, IMMOKALEE
CEPM20100009008
JOAN SIGONA
INVESTIGATOR DELICIA PULSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(11). THE BOX CASING UNDER THE METER IS DAMAGED, WITH
EXPOSED WIRING.
62576000006
660 108TH AVENUE N, UNIT 1, NAPLES
4
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
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:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20100018111
FRANCIS HODGE COMM CTR INC.
INVESTIGATOR JAMES SEABASTY
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-236. DANGEROUS BUILDING ON THE PROPERTY.
01131960005
210 TURNSTILE DRIVE, NAPLES
CENA20100017561
JOSE R. DIAZ AND MARLENE CABALLERO DIAZ.
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS. WEEDS IN EXCESS OF 18 INCHES
AROUND THE 30 FT PERIMETER OF THE HOME.
36717400006
3240 1ST AVENUE NW, NAPLES
CEPM20100019517
WILLIAM HILDERBRAND AND SANDRA LEONARD
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) AND SECTION 22-231(12)(n). POOL ENCLOSURE WITH RIPPED SCREEN
PANEL, AND UNMAINTAINED SWIMMING POOL, CREATING AN UNSAFE
CONDITION.
56570005408
717 CROSSFIELD CIRCLE, NAPLES
CESD20110003387
PRIME HOMES AT PORTOFINO FALLS
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY ORDINANCE 07-46 SECTION(S) 5.7(B), (N), (0), AND (P). ARTERIAL
LIGHTING WAS NOT INSTALLED BY JANUARY 18, 2009. ROW CONVEYANCE FOR
PRISTINE DRIVE HAS PASSED ITS DUE DATE OF JUNE 22,2007. CONSTRUCTION OF
PRISTINE DRIVE COMMITMENT HAS PASSED ITS DUE DATE OF MAY 22,2008.
DESIGN AND PERMIT THE INTERCONNECTIN TO ISLAND WALK, COMMITMENT
HAS PASSED ITS DUE DATE OF MAY 22, 2008.
204040002
7373 VANDERBILT BEACH RD, NAPLES
CEAU20110008432
JUAN HERNANDEZ AND ADRIANNA GARCIA
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
5.03.02(A)(3). WOOD FENCE ON PROPERTY IN DISREPAIR AND FALLING APART.
37060160005
1521 GOLDEN GATE BLVD W, NAPLES
5
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEV20110009199
JUAN HERNANDEZ AND ADRIANNA GARCIA
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-95. UNLICENSED AND INOPERABLE MOTORCYCLES AND A DODGE
NEON ON THE PROPERTY.
37060160005
1521 GOLDEN GATE BLVD W, NAPLES
CENA20110009062
JUAN HERNANDEZ AND ADRIANNA GARCIA
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS, SECTION 54-186(a) AND
UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54-181. WEEDS AND GRASS
IN EXCESS OF 18 INCHES AROUND THE 30 FT PERIMETER OF THE HOME AND
LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, AUTO PARTS, METAL,
PLASTIC, WOOD, GENERAL DEBRIS, ETe.
37060160005
1521 GOLDEN GATE BLVD W, NAPLES
CENA20110006521
JILL J. WEA VER- TESNO AND HENRY J. TESNO
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-181 AND
54-179. LITTER CONSISTING OF BUT NOT LIMITED TO: DISHES, PLASTIC GAS CANS,
PLASTIC STORAGE SHED, PLASTIC DOG HOUSE, ROPES, WIRES, RUSTED CHAIRS,
PLASTIC BUCKETS, WOOD DOORS, PLASTIC BAGS SCATTERED THROUGHOUT
REAR YARD.
71800000543
3411 BASIN STREET, NAPLES
CESD20110007118
JILL J. WEA VER- TESNO AND HENRY J. TESNO
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22-26(b)
(104.5.1.4.4), COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,
SECTIONS 10.02.06(B)(1)(a) AND 1O.02.06(B)(1)(e), AND FLORIDA BUILDING CODE,
2007 EDITION, CHAPTER 1 SECTION 105.1. A WHITE PICKET FENCE, 6 FT WOODEN
FENCE, A CARPORT, AND A CHAIN LINK FENCE CONSTRUCTED ON PROPERTY
WITHOUT VALID COLLIER COUNTY BUILDING PERMITS.
71800000543
3411 BASIN STREET, NAPLES
6
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
31. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20110007122
JILL J. WEAVER-TESNO AND HENRY J. TESNO
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI
SECTIONS 22-231(12)( c), 22-231(12)(i), 22-231(12)(q), 22-231 (12)(a), AND 22-242 (b).
PROPERTY MAINTENANCE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO:
BOARDED WINDOW, SOFFITS ARE NOT WEA THER/W A TER- TIGHT, METAL ROOF IS
PULLED A WAY AND IS MISSING, ROOF TRIM MISSING, AND SEVERAL 2-PL Y FLOOR
RAFTERS ROTTED AND FALLEN UNDER HOME.
71800000543
3411 BASIN STREET, NAPLES
CESD20100000052
JESSICA B. SCHREIER
INVESTIGATOR STEPHEN A THEY
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06 (B)(1)(a). UNPERMITTED SHED.
67291040003
692 GORDONIA ROAD, NAPLES
CEPM20100002830
JESSICA B. SCHREIER
INVESTIGATOR STEPHEN ATHEY
2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17. NO ENCLOSURE OR
FENCE AROUND SWIMMING POOL.
67291040003
692 GORDONIA ROAD, NAPLES
CENA20110011444
ELDER DUQUE AND MARIA ALICE MACEDO
INVESTIGATOR JANIS POTTER
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS, LITTER AND EXOTICS SECTION 54-186(a). WEEDS OVER 18
INCHES WITHIN THIRTY FEET OF THE RESIDENTIAL STRUCTURE.
37281080003
620 WILSON BLVD N, NAPLES
CEV20110010511
YVES GABRIEL AND ROSELUNE GABRIEL-MERTUS
INVESTIGATOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
4.05.03(A). VEHICLES PARKING ON THE GRASS.
35769440002
4591 18TH PLACE SW, NAPLES
7
32. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
33. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
34. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
35. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
36. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100020705
CHERYL LYNN MAIN AND LARRY G. KNAPP
INVESTIGATOR TONY ASARO
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 .
ELECTRIC GATE ERECTED WITHOUT COLLIER COUNTY BUILDING PERMITS.
39895920104
2680 OIL WELL ROAD, NAPLES
CEV20110007156
LARRY D. SHIPMAN
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-95. MULTIPLE UNLICENSED/INOPERABLE VEHICLES AND TRAILERS
ON THE PROPERTY.
37926520006
4591 PINE RIDGE ROAD, NAPLES
CENA2011 0007164
LARRY D. SHIPMAN
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO: REFRIGERATORS,
CINDER BLOCKS, CRUSH STONES, BUCKETS, CABLES, ALUMINUM, TIRES, CAR
PARTS, WASHER, ETC.
37926520006
4591 PINE RIDGE ROAD, NAPLES
CELU20110007170
LARRY D. SHIPMAN
INVESTIGA TOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
2.02.03. UNPERMITTED POLE BARN ON UNIMPROVED LOT.
37926520006
4591 PINE RIDGE ROAD, NAPLES
CEPM20110000313
LEONARD SZW AJKOWSKI
INVESTIGATOR DANNY CONDOMINA
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 CREATING UNHEALTHY
CONDITION.
79904123904
7574 ROZZINI LANE, NAPLES
8
37. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
38. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
39. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
40. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
41. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20110006834
ERIC SOMMERTON AND EVA MARIE SOMMERTON
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTIONS 22-231(15) AND (12)(1). POOL IS GREEN, STAGNANT, AND NOT PROPERLY
MAINTAINED, ALSO RIPPED POOL SCREEN PANELS.
51978009441
15050 SPINAKER COURT, NAPLES
CESD2011 0009304
EDUARDO VILLASENOR AND ESMERALDA VILLASENOR
INVESTIGATOR JANIS POTTER
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY, NO COLLIER COUNTY BUILDING PERMIT
OBTAINED.
40473080002
4132 16TH AVENUE NE, NAPLES
CEV20110008438
JOSEPH ETIENNE AND MARIE ETIENNE
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III CHAPTER 130,
SECTION 130-95. STORING UNLICENSED AND INOPERABLE VEHICLES ON THE
PROPERTY.
35880360003
1943 41ST STREET SW, NAPLES
CEAU20110008151
ELIUD RODRIGUEZ AND DENA AULETTO
INVESTIGATOR JANIS POTTER
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
CHAIN LINK FENCE ON THE PROPERTY, NO COLLIER COUNTY FENCE PERMIT
OBTAINED.
39716440006
4361 43RD AVENUE NE, NAPLES
CENA20110010052
CARLOS ARZOLA
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-181 AND
54-179. LITTER AND DEBRIS CONSISTING OF TIRES, PLASTIC, WOOD, AUTO PARTS,
ETe., LOCATED IN THE FRONT YARD AREA AND ON NORTH SIDE OF THE HOME.
39710520003
4670 40TH STREET NE , NAPLES
9
42. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
CESD20 1 00021355
CARLOS DEL RIO AND SANTA ABREU
INVESTIGATOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(a). DEMOLITION PERMIT FOR UNPERMITTED SHED THAT HAS NOT
BEEN INSPECTED OR RECEIVED CERTIFICATE OF COMPLETION.
35763240004
4336 17TH AVENUE SW, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEAU20090008537
ANTON KARABA AND EVA KARABOV A
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41, AS AMENDED, SECTION
5.03.02(A) AND FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTION 105.1.
WOODEN FENCE BUILT ON PROPERTY WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT.
48600000705
12243 FULLER LANE, NAPLES
CEPM20110004770
ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM
INVESTIGATOR RENALD PAUL
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.
36110760000
4998 23RD COURT SW, NAPLES
10
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:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20110004402
JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR, UTD 10/8/96
INVESTIGATOR JIM 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
TWO AND THREE FEET IN LENGTH, ALLOWING ACCESS DIRECTLY INTO THE
ATTIC.
55402400004
451 TORREY PINES POINT, 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
CEV20110006054
ROBERT PEREZ
INVESTIGATOR JOE MUCHA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130-95 . UNLICENSED VEHICLES BEING STORED ON THE PROPERTY.
35751200001
2119 44TH STREET SW, NAPLES
CESD20100003049
FEDERAL HOME LOAN MORTGAGE CORP.
INVESTIGATOR JANIS POTTER
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(a), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS,
SECTION 105.1. SHED CONSTRUCTED ON PROPERTY WITHOUT OBTAINING PROPER
COLLIER COUNTY BUILDING PERMIT.
40350400006
1920 EVERGLADES BLVD N, NAPLES
CEPM20100009396
SILVIA DERRICK
INVESTIGATOR DANNY CONDOMINA
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (12)(i). TWO WINDOWS IN NEED OF REPAIR. ONE WINDOW
CRACKED AND HELD TOGETHER BY TAPE. THE OTHER WINDOW BROKEN,
COVERED IN DARK PLASTIC MATERIAL.
62704240007
616 92ND AVENUE N, NAPLES
11
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CESD20110004390
WILMER ESPINAL
INVESTIGATOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a). STRUCTURE LOCATED IN THE REAR PROPERTY AREA WITHOUT
COLLIER COUNTY BUILDING PERMITS.
38850200006
5845 EVERGLADES BLVD N, NAPLES
A. Motion to Amend Previously Issued Order:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PU497 4-CEEX20 11 000881 0
MAREK HEVIER
INVESTIGATOR MICHAEL ANDRESKY
COLLIER COUNTY ORDINANCE 1997-73, SECTION 6.A.6. CROSS CONNECTION
CONTROL DEVICE HAD THE BACK LEG PULLED OUT OF THE GROUND.
59810000144
14516 MARSALA WAY, NAPLES
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: November 1,2011 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
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October , 2 11
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
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 A.M. All
those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
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: 9:14 a.m.
Reconvened: 9:40 a.m.
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 IV.B —Motion for Continuance:
• 9. CASE NO: PR046623-CEEX20110009955 - BEN A. HANDA
• 30. CASE NO: CENA201 1001 1444 - ELDER DUQUE AND MARIA ALICE MACEDO
• 17. CASE NO: CEPM20100009008 - JOAN SIGONA
Under Item V.B—Hearings, the following cases were moved to Item V.A— Stipulations:
• 26. CASE NO: CESD20110007118 - JILL J. WEAVER-TESNO AND HENRY J. TESNO
• 10. CASE NO: PU4732-CEEX20110012313 - LENNAR HOMES LLC
Under Item V.B —Hearings, the following cases were withdrawn (listed below as Agenda numbers):
• 1. CASE NO: 50174548-CEEX20110011608 - LLOYD L. BOWEIN
• 2. CASE NO: 50171990-CEEX20110010065 - ANDREW M. JAMES AND COURTNEY M.
JAMES
• 4. CASE NO: PR046728-CEEX20110012967 - CAROL H. KRALEY
• 5. CASE NO: PR046084-CEEX201 1001 1270 - REAL POINT LLC
• 6 CASE NO: PR0042653-CEEX20110009947 - LUIS A. RENDON
• 7 CASE NO: PR046615-CEEX20110009669 - BEAUTIFAUX LLC
• 8 CASE NO: PR045864-CEEX20110011159 - MARK A. VESELY
• 11. CASE NO: DAS 12146-CEEX20110012449 - LIZABETH CUENYA
• 12 CASE NO: CEV20110007291 - RICHARD LARICHE JR. AND VALERIE L. LARICHE
• 13. CASE NO: CEV20110007977 - JAMES DELLECAVE
• 16. CASE NO: CEAU20100009648 - FRANCISCO LOPEZ
• 21. CASE NO: CESD20110003387 - PRIME HOMES AT PORTOFINO FALLS
• 25. CASE NO: CENA20110006521 - JILL J. WEAVER-TESNO AND HENRY J. TESNO
• 27. CASE NO: CEPM20110007122 - JILL J. WEAVER-TESNO AND HENRY J. TESNO
• 31. CASE NO: CEV20110010511 -YVES GABRIEL AND ROSELUNE GABRIEL-MERTUS
• 33. CASE NO: CEV20110007156 - LARRY D. SHIPMAN
• 34 CASE NO: CENA20110007164 - LARRY D. SHIPMAN
2
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lot October 7, 2011
• 35 CASE NO: CELU20110007170 - LARRY D. SHIPMAN
• 39. CASE NO: CEV20110008438 - JOSEPH ETIENNE AND MARIE ETIENNE
• 41. CASE NO: CENA20110010052 - CARLOS ARZOLA
• 42. CASE NO: CESD20100021355 - CARLOS DEL RIO AND SANTA ABREU
The Special Magistrate approved the Agenda as modified
III. APPROVAL OF MINUTES—September 2,2011
The Minutes of the September 2, 2011 Special Magistrate Hearing were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
9. CASE NO: PR046623-CEEX20110009955
OWNER: BEN A. HANDA
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
RESTRICTED AREA
VIOLATION ADDRESS:VANDERBILT BEACH ACCESS,NAPLES
Ranger Maunz was not present
The County had no objection to Mr. Handa's request for a continuance.
The Special Magistrate GRANTED a one time request for a continuance in the case.
30. CASE NO: CENA20110011444
OWNER: ELDER DUQUE AND MARIA ALICE MACEDO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS,LITTER AND EXOTICS SECTION 54-186(a). WEEDS OVER 18
INCHES WITHIN THIRTY FEET OF THE RESIDENTIAL STRUCTURE.
FOLIO NO: 37281080003
VIOLATION ADDRESS:620 WILSON BLVD N,NAPLES
Investigator Potter represented the County.
The Respondents were not present but have indicated they were unaware of a violation and
intend to abate it.
The Special Magistrate GRANTED a continuance in the case.
17. CASE NO: CEPM20100009008
OWNER: JOAN SIGONA
OFFICER: INVESTIGATOR DELICIA PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(11). THE BOX CASING UNDER THE METER IS DAMAGED,WITH
EXPOSED WIRING.
FOLIO NO: 62576000006
VIOLATION ADDRESS:660 108TH AVENUE N,UNIT 1,NAPLES
Investigator Pulse represented the County.
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October 7, 2011
Joan Sigona was present.
The County had no objection to the request for a continuance in the case.
The Special Magistrate GRANTED a continuance in the case until the next hearing date.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
26. CASE NO: CESD20110007118
OWNER: JILL J.WEAVER-TESNO AND HENRY J.TESNO
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE II, SECTION 22-26(b)
(104.5.1.4.4),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTIONS 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e),AND FLORIDA BUILDING CODE,
2007 EDITION,CHAPTER 1 SECTION 105.1. A WHITE PICKET FENCE,6 FT WOODEN
FENCE, A CARPORT,AND A CHAIN LINK FENCE CONSTRUCTED ON PROPERTY
WITHOUT VALID COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 71800000543
VIOLATION ADDRESS: 3411 BASIN STREET,NAPLES
Investigator Botts requested the hearing.
The Stipulation was entered into by the Respondent Henry Tesno on October 7, 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$112.64 incurred in the prosecution of this case by
December 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by February 7, 2012 or a fine of$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 Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.64.
10. CASE NO: PU4732-CEEX20110012313
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW&ORD. 1997-33, SEC.6A6
NO FACILITY OWNER MAY ALTER THE BACKFLOW PREVENTION ASSEMBLY
PROTECTING THE COUNTY'S WATER SYSTEM UNLESS SUCH ALTERATIONS ARE
APPROVED BY THE DEPARTMENT.
FOLIO NO: 56324016669
VIOLATION ADDRESS: 8074 PRINCETON DRIVE,NAPLES
4
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October 7, 2011
Investigator Addison requested the hearing.
The Stipulation was entered into by the Respondent's representative, Jack Turner, Director of
Construction on October 7, 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 Court Fees and Processing Costs in the amount of$55.00 incurred in the prosecution
of the case.
2. Pay a fine of$1,000.00.
Total Amount Due: $1,055.00.
B. Hearings
18. CASE NO: CEPM20100018111
OWNER: FRANCIS HODGE COMM CTR INC.
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-236.DANGEROUS BUILDING ON THE PROPERTY.
FOLIO NO: 01131960005
VIOLATION ADDRESS:210 TURNSTILE DRIVE,NAPLES
Investigator Seabasty represented the County.
Todd Taylor, Collier County Sheriff's Department was present.
Helen Bryan and Marya Repko of Francis Hodge Community Center represented the
property owner.
Exhibit entered: Exhibit A: 2 photos 10/21/10
Exhibit B: 1 photo dated 6/13/11
Exhibit C: 3 photos dated 7/29/11
Exhibit D: 2 photos dated 10/6/11
Investigator Seabasty testified:
• On July 14, 2011 County Staff notified the landowner the building in question had been
declared a"Dangerous Building".
• The photos depicted weeds growing on the property, a building in disrepair and
structurally unsound condition.
Sergeant Taylor testified.:
• There have been SWAT Team raids on properties within 1000 feet of the building and
there is concern the building may may provide a safe haven to criminal activity in the
area.
• Given the condition of the structure, securing it is difficult and there is a safety concern
should individuals choose to illegally enter the building.
Ms. Repko testified:
• The building is the site of a former segregated church and there were hopes of restoring it.
• The restoration project has become unfeasible and the intent is to remove the structure and
create a public park at the site.
5
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October,261
• The Collier County Historical Architecture and Preservation Board has listed the building
as a"historic structure" and the organization is in the process of obtaining the necessary
approvals to remove it from the site.
• The Trust developed for the Community Center is "unfunded" and the organization is
relying on volunteers to remove the structure.
• She requested the deadline of January 2012 to remove the building. The building is
currently secured with a padlock.
County Staff, based on public safety issues, expressed concern on granting an extension of time
to remove the structure.
Finding the Notice of Hearing was properly served, the Special Magistrate UPHELD the
County's declaration the building is a "Dangerous Building"and ordered the Respondent to:
1. Pay operational costs in the amount of$112.38 incurred in the prosecution of this case by
January 7, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by November 7, 2011 or a fine of$200.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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 Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
3. CASE NO: S0160520-CEEX20110010851
OWNER: LASZLO JEREMIAS
OFFICER: DEPUTY J. ELSER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS:9069 GERVAIS CIRCLE,NAPLES
Deputy Elser was not present.
Mr. Jeremias, owner of the vehicle was present and submitted evidence of a"Disabled Person
Placard" issued to the operator(his mother) of the vehicle the day in question. The placard fell
off the mirror while the vehicle was parked.
The Special Magistrate DISMISSED the case.
15. CASE NO: CEPM20080016475
OWNER: SAN JANIE TREVINO AND GUADALUPE MARTINEZ
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231,SUBSECTIONS 9,11,12a, 12b, 12c, 12i, 12k, 12n, 12o, 12p, 19 AND 20..
SINGLE FAMILY HOME THAT IS OWNER OCCUPIED THAT HAS NUMEROUS
MINIMUM HOUSING VIOLATIONS.
FOLIO NO: 56400080001
6
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October 7, 011
VIOLATION ADDRESS:311 PRICE STREET, IMMOKALEE
Investigator Mucha/Supervisor Letourneau represented the County.
San Janie Trevino was present.
Evidence entered: Composite Exhibit A: 29 photos dated 1/16/09
Composite Exhibit B: 10 photos dated 10/4/11
Investigator Mucha testified the case has been on going for a long period of time, with
anticipated asssistance by various agencies to intervene in the situation. The intervention has not
completely occurred; resolving issues on the building has reached a point where there are health,
safety and welfare concerns.
Ms. Trevino testified the building has not been repaired due to a financial hardship and she was
hoping for assistance from various agencies. She understands the building is in disrepair.
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$112.91 incurred in the prosecution of this case by
January 7, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by November 7, 2011 or a fine of$250.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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: $112.91
37. CASE NO: CEPM20110006834
OWNER: ERIC SOMMERTON AND EVA MARIE SOMMERTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTIONS 22-231(15)AND(12)(1).POOL IS GREEN, STAGNANT,AND NOT PROPERLY
MAINTAINED,ALSO RIPPED POOL SCREEN PANELS.
FOLIO NO: 51978009441
VIOLATION ADDRESS: 15050 SPINAKER COURT,NAPLES
Investigator Musse represented the County.
Eric Sommerton was present representing himself.
County evidence entered: Composite Exhibit A: 2 photos dated 10/06/09.
Respondent evidence entered: Composite Exhibit A: photos depicting abatement.
7
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October 7, 2011
Investigator Musse testified the violation for the pool has been abated; the pool screen at the
roof of the pool cage is in violation.
Mr. Sommerton stated the screening at the top of the roof does not appear to be ripped, but
rather"creased". However, he will ensure all violations are abated.
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 November 7, 2011.
2. Make all necessary repairs to the pool cage structure on or before October 14, 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.
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: $112.47
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. CASE NO: CEAU20090008537
OWNER: ANTON KARABA AND EVA KARABOVA
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 2004-41,AS AMENDED,SECTION
5.03.02(A)AND FLORIDA BUILDING CODE,2004 EDITION,CHAPTER 1,SECTION 105.1.
WOODEN FENCE BUILT ON PROPERTY WITHOUT A VALID COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 48600000705
VIOLATION ADDRESS: 12243 FULLER LANE,NAPLES
Anton Karaba and Eva Karabova were present.
Investigator Botts presented the case noting the violation has been abated.
Abatement Date: May 18, 2011
Special Magistrate Orders: 5/7/10 -No: 4588 Page: 1720
9/3/10—No: 4606 Page: 635
Fine Amount: $100.00/day
Duration: 12/4/10— 5/18/11(166 days)
Total Fine Amount: $16,600.00
Unpaid Operational Costs: $112.64
Total to Date: $1 6,712.64
The Special Magistrate DENIED the County's Motion for Imposition of Fines and ordered
operational costs in the amount of$112.64 be paid. Said amount to become a lien on the
property.
8
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October , 011
Mr. Karaba presented an oral motion requesting operational costs assessed be waived and the
original order rescinded, as the fence as originally constructed, was in accordance with County
requirements.
County Staff noted the fence, as originally constructed, failed the required permit inspections.
The permit expired before the required corrections from the inspection were completed. The
expired permit created the original code violation of the installation of an"unpermitted fence"
and that Mr. Karaba was required to obtain a new permit for the fence.
Mr. Karaba contended a new permit was acquired, although the County required additional
information (site plan, etc.). None of the structural requirements from the original inspection
were required to be installed and the construction of the fence should not have failed the original
inspection.
Supervisor Letourneau reported the original permit was issued in approximately 2005 and
Mr. Karaba had approximately 18 months to address the requirements of the original inspection
and failed to do so, hence the permit expired.
The Special Magistrate DENIED the Respondents Motion for re-consideration of the original
case as there was ample time to originally address the inspection report and the County has
expended considerable resources in resolving the case. The Respondent was ordered to pay
Operational Costs in the amount of$112.64. Said amount to become a lien on the property.
Total Amount Due: $112.64
4. 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
Gary Billmyre, the Respondent's representative was present.
Investigator Box presented the case noting the violation has been abated and recommends the
fines be waived.
Abatement Date: 9/20/11
Special Magistrate Order: 8/5/11 —No. 4712 Page: 413
Fine Amount: $100.00/day
Duration: 9/6/11 —9/20/11 (15 days)
Total Fine Amount: $1,500.00
Total to Date: $1,500.00
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
6. CASE NO: CESD20100003049
OWNER: FEDERAL HOME LOAN MORTGAGE CORP.
OFFICER: INVESTIGATOR JANIS POTTER
9
A0 .
1 6 1 2 October 7, 2011
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
Doug Anderson, Red Pig Realty,the Respondent's representative was present.
Investigator Perez presented the case noting the violation has been abated and recommends
fines be waived.
Abatement Date: 9/22/11
Special Magistrate Order: 7/1/11 -No. 4702 - Page: 193
Fine Amount: $100.00/day
Duration: 8/2/11 —9/22/11 (52 days)
Total Fine Amount: $5,200.00
Total to Date: $5,200.00
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
Break: 11:50 a.m.
Reconvened: 12:22 p.m.
V. PUBLIC HEARINGS
B. Hearings - Continued
14. CASE NO: CENA20110009315
OWNER: MICHAEL L.ROXBY AND NANCY L.ROXBY
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ENVIRONMENT,ARTICLE VI,WEEDS,LITTER,&EXOTICS, SECTION 54-185(a).
WEEDS OVER 18 INCHES.
FOLIO NO: 35989880002
VIOLATION ADDRESS:4463 25TH COURT SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
Supervisor Letourneau presented the case.
Evidence entered: Composite Exhibit A—3 photos dated 10/6/11
The violation remains as of October 7, 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$112.20 incurred in the prosecution of the case by
November 7, 2011.
2.Abate all violations by mowing all weeds,grass or similar non protective overgrowth in
excess of 18 inches to a height of no more than 6 inches by October 14, 2011;or pay a fine
of$50.00 a day that the violation remains unabated thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
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.
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Ab 1144
October 7, 2011
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: $112.20
19. CASE NO: CENA20100017561
OWNER: JOSE R.DIAZ AND MARLENE CABALLERO DIAZ.
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS,LITTER,AND EXOTICS. WEEDS IN EXCESS OF 18 INCHES
AROUND THE 30 FT PERIMETER OF THE HOME.
FOLIO NO: 36717400006
VIOLATION ADDRESS: 3240 1ST AVENUE NW,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/20/11
Investigator Ambach presented the case.
Evidence entered: Composite Exhibit A: 3 photos dated 9/26/10
Exhibit B: 1 photo dated 6/24/11
Exhibit C: 1 photo dated 10/6/11
The violation remains as of October 7, 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
November 7, 2011.
2. Abate all violations by cutting all weeds,grass or similar non protective overgrowth in
excess of 18 inches in height located within 30 feet of the residential structure and up to
any lot line to a height of no more than 6 inches by October 14, 2011; or pay a fine of
$100.00 a day that the violation remains unabated thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
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: $112.38
20. CASE NO: CEPM20100019517
OWNER: WILLIAM HILDERBRAND AND SANDRA LEONARD
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
11
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Ab
October 7, 2011
SECTION 22-231(15)AND SECTION 22-231(12)(n). POOL ENCLOSURE WITH RIPPED
SCREEN PANEL, AND UNMAINTAINED SWIMMING POOL,CREATING AN UNSAFE
CONDITION.
FOLIO NO: 56570005408
VIOLATION ADDRESS: 717 CROSSFIELD CIRCLE,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/19/11
Investigator Box presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 10/11/10
Composite Exhibit B: 2 photos dated 10/5/11
The violation remains as of October 7, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$112.47 incurred by Code Enforcement during the
prosecution of the case on or before November 7, 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 Ocotober 14, 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 October 14, 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 to the pool cage structure on or before October 14, 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. 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.
6. 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: $112.47
22. CASE NO: CEAU20110008432
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
5.03.02(A)(3). WOOD FENCE ON PROPERTY IN DISREPAIR AND FALLING APART.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/23/11
Investigator Ambach presented the case.
12
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October 7, 2011
Evidence entered: Composite Exhibit A: 6 photos dated 7/5/11
Exhibit B: 1 photo dated 10/6/11
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$112.20 incurred in the prosecution of this case by
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by October 14, 2011 or a fine of$100.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. Abate the violation by removing all unauthorized accumulation of litter from the property to
an appropriate waste disposal facility and remove any and all abandoned or derelict
property from the location in question to a site intended for final disposal or store said items
in a completely enclosed structure by October 14, 2011 or a fine of$100.00 per day will be
imposed until the violation has been abated thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. 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.
5. 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 Amount Due: $112.20
23. CASE NO: CEV20110009199
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-95. UNLICENSED AND INOPERABLE MOTORCYCLES AND A DODGE
NEON ON THE PROPERTY.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/23/11
Investigator Ambach presented the case.
Evidence entered: Composite Exhibit A—6 photos dated 7/5/11
Exhibit B — 1 photo dated 10/6/11
The violation remains as of October 7, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
13
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' October 7 2011 PA
1. Pay operational costs in the amount of$112.20 incurred in the prosecution of this case by
November 7, 2011.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
and/or repair any defects to each vehicle so they are operable, or store the vehicles in a
completely enclosed structure, or removing the offending vehicles from the property by
October 10, 2011 or a fine of$50.00 per day will be imposed until the violation has been
abated thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
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: $112.20
24. CASE NO: CENA20110009062
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS,LITTER,AND EXOTICS, SECTION 54-186(a)AND
UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54-181.WEEDS AND GRASS
IN EXCESS OF 18 INCHES AROUND THE 30 FT PERIMETER OF THE HOME AND
LITTER CONSISTING OF BUT NOT LIMITED TO:TIRES,AUTO PARTS,METAL,
PLASTIC, WOOD,GENERAL DEBRIS,ETC.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W,NAPLES
Date of Hearing Notice by Certified Mail: 9/22/11
Date of Hearing Notice Property/Courthouse Posting: 9/23/11
Investigator Ambach presented the case.
Evidence entered: Composite Exhibit A—6 photos dated 7/5/11
Exhibit B— 1 photo dated 10/6/11
The violation remains as of October 7, 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
November 7, 2011.
2. Cut all weeds,grass or similar non protective overgrowth in excess of 18 inches in height
located within 30 feet of the residential structure and up to any lot line to a height of 6
inches and remove all litter and debris to a site intended for final disposal or store desired
items within a completely enclosed structure by October 14, 2011 or pay a fine of$100.00 a
day that the violation remains unabated thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
14
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October 7, 2011
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on
the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
28. CASE NO: CESD20100000052
OWNER: JESSICA B.SCHREIER
OFFICER: INVESTIGATOR STEPHEN ATHEY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO: 67291040003
VIOLATION ADDRESS:692 GORDONIA ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/23/11
Investigator Athey presented the case.
Evidence entered: Exhibit A—3 photos dated 2/7/10
The violation remains as of October 7, 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
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by November 7, 2011 or a fine of$100.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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
29. CASE NO: CEPM20100002830
OWNER: JESSICA B.SCHREIER
OFFICER: INVESTIGATOR STEPHEN ATHEY
VIOLATIONS: 2007 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17.NO ENCLOSURE OR
FENCE AROUND SWIMMING POOL.
15
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at
•
October 7, 2011
FOLIO NO: 67291040003
VIOLATION ADDRESS:692 GORDONIA ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/23/11
Investigator Athey presented the case.
Evidence entered: Exhibit A—4 aerial photos
The violation remains as of October 7, 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
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), and
required inspections and Certificate of Occupancy/Completion by November 7, 2011 or a
fine of$100.00 per day will be imposed until the violation has been abated thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on
the next day that is not a Saturday,Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.12
32. CASE NO: CESD20100020705
OWNER: CHERYL LYNN MAIN AND LARRY G. KNAPP
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
ELECTRIC GATE ERECTED WITHOUT COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 39895920104
VIOLATION ADDRESS:2680 OIL WELL ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/22/11
Investigator Asaro presented the case.
Evidence entered: Exhibit A— 1 photo dated 11/22/10
The violation remains as of October 7, 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 this case by
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
16
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October 7, 2011
Occupancy/Completion by November 7, 2011 or a fine of$100.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 24 hours.
Notice shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on
the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.12
36. CASE NO: CEPM20110000313
OWNER: LEONARD SZWAJKOWSKI
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).UNMAINTAINED SWIMMING POOL CREATING UNHEALTHY
CONDITION.
FOLIO NO: 79904123904
VIOLATION ADDRESS: 7574 ROZZINI LANE,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/15/11
Investigator Condomina presented the case.
Evidence entered: Exhibit A— 1 photo dated 6/17/11
Exhibit B — 1 photo dated 10/6/11
The violation remains as of October 7, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$112.12 incurred by Code Enforcement during the
prosecution of the case on or before November 7, 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 October 14, 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 October 14, 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. 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.
5. 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.
17
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October 7, 2011
Total Amount Due: $112.38
38. CASE NO: CESD20110009304
OWNER: EDUARDO VILLASENOR AND ESMERALDA VILLASENOR
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY,NO COLLIER COUNTY BUILDING PERMIT
OBTAINED.
FOLIO NO: 40473080002
VIOLATION ADDRESS:4132 16TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
Investigator Potter presented the case.
Evidence entered: Exhibit A— 1 photo dated 8/12/11
The violation remains as of October 7, 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$112.64 incurred in the prosecution of this case by
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by November 7, 2011 or a fine of$100.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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: $112.64
40. CASE NO: CEAU20110008151
OWNER: ELIUD RODRIGUEZ AND DENA AULETTO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
CHAIN LINK FENCE ON THE PROPERTY,NO COLLIER COUNTY FENCE PERMIT
OBTAINED.
FOLIO NO: 39716440006
VIOLATION ADDRESS:4361 43RD AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
Investigator Potter presented the case.
18
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October 7, 2011
Evidence entered: Exhibit A— 1 photo dated 6/16/11
The violation remains as of October 7, 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$112.20 incurred in the prosecution of this case by
November 7, 2011.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by November 7, 2011 or a fine of$100.00 per day will be imposed
until the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
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 Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines - Continued
2. 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
VIOLATION ADDRESS:4998 23RD COURT SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
The respondents were not present.
Supervisor Letourneau presented the case noting the violation has been abated.
Abatement Date: 8/25/11
Special Magistrate Order: 7/1/11 - No. 4702- Page: 187
Fine Amount: Part B: $250 /day; Part C: $250/day
Duration: Part B: 7/9/11 — 8/25/11 (48 days); Part C: 7/9/11 — 8/25/11 (48 days)
Total Fine Amount: Part B: $12,000.00 Part C: $12,000.00
Unpaid Abatement Costs: $999.15
Unpaid Operational Costs: $112.56
Total to Date: $25,111.71
19
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October 7, 2011
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$25,111.71. Said amount to
become a lien on the property.
3. CASE NO: CEPM20110004402
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR,UTD 10/8/96
OFFICER: INVESTIGATOR JIM 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
TWO AND THREE FEET IN LENGTH,ALLOWING ACCESS DIRECTLY INTO THE
ATTIC.
FOLIO NO: 55402400004
VIOLATION ADDRESS: 451 TORREY PINES POINT,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
The respondents were not present.
Investigator Kincaid presented the case noting the violation has not been abated.
Special Magistrate Order: 8/5/11 -No. 4718 Page: 1557
Fine Amount:$100.00/day
Duration: 9/6/11 — 10/7/11 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.64
Total to Date: $3,312.64
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,312.64. Fines continue
to accrue.
5. CASE NO: CEV20110006054
OWNER: ROBERT PEREZ
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-95 . UNLICENSED VEHICLES BEING STORED ON THE PROPERTY.
FOLIO NO: 35751200001
VIOLATION ADDRESS:2119 44TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
The respondent was not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 9/2/11 - No. 4712 Page: 427
Fine Amount: $50.00/day
Duration: 9/10/11 — 10/7/11 (28 days)
Total Fine Amount: $1,400.00
Unpaid Operational Costs: $112.20
Total to Date: $1,512.20
20
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October 7, 2011
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$1,512.20. Fines continue
to accrue.
7. CASE NO: CEPM20100009396
OWNER: SILVIA DERRICK
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 (12)(i).TWO WINDOWS IN NEED OF REPAIR.ONE WINDOW
CRACKED AND HELD TOGETHER BY TAPE.THE OTHER WINDOW BROKEN,
COVERED IN DARK PLASTIC MATERIAL.
FOLIO NO: 62704240007
VIOLATION ADDRESS:616 92ND AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/16/11
The respondent was not present.
Investigator Condomina presented the case noting the violation has not been abated, windows
have been boarded at direction of County Staff.
Special Magistrate Order: 4/1/11 -No. 4672 Page: 1873
Fine Amount:$250.00/day
Duration: 4/16/11 — 10/7/11 (175 days)
Total Fine Amount: $43,750.00
Unpaid Abatement Costs: $432.00 (for boarding of windows)
Unpaid Operational Costs: $112.56
Total to Date: $44,294.56
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$44,294.56. Fines continue
to accrue.
8. 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: 9/23/11
Date of Hearing Notice Property/Courthouse Posting: 9/22/11
The respondents were not present.
Investigator Asaro presented the case noting the violation has not been abated.
Special Magistrate Order: 8/5/11 - No. 4712 Page: 407
Fine Amount:$100.00/day
Duration: 9/6/11 — 10/7/11 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.56
Total to Date: $3,312.56
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161 i October AO§
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,312.56. Fines continue
to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: PU4974-CEEX20110008810
OWNER: MAREK HEVIER
OFFICER: INVESTIGATOR MICHAEL ANDRESKY
VIOLATIONS: COLLIER COUNTY ORDINANCE 1997-73, SECTION 6.A.6.CROSS CONNECTION
CONTROL DEVICE HAD THE BACK LEG PULLED OUT OF THE GROUND.
FOLIO NO: 59810000144
VIOLATION ADDRESS: 14516 MARSALA WAY,NAPLES
The Special Magistrate reviewed the case and GRANTED the County's motion.
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: November 1,2011 at 9:00 A.M. located at the Collier County
Government Center, 3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida
*****
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October , 011
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 1:25 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
'a
Br• da Garrets''Special Magistrate
The Minutes were approved by the Special Magistrate on vJ Qc' ( )014 ,
as presented , or as amended
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