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CESM Minutes 09/02/2011 161 2 A6 t September 2, 2011 tirgaNgV31 MINUTES OF THE HEARING OF THE ggyy COLLIER COUNTY SPECIAL MAGISTRA"1'E' Naples, Florida, September 2, 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 It Hiller Henning Coyle Colette ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc. Corres: Date: %a-\ ■ Item#:lL,,T C;-pies to: 1 161 2 ipi September 2, 011 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 9:02 AM. 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: 9:15 a.m. Reconvened: 9:35 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Administrative Secretary noted the following changes (listed below as Agenda Item Numbers): Under Item V.B—Hearings, the following cases were moved to Item V.A— Stipulations: • 8. CASE NO: PU4688-CEEX20110010877 - STOCK DEVELOPMENT LLC • 9. CASE NO: PU4690-CEEX20110011363 - STOCK DEVELOPMENT LLC Under Item V.B—Hearings - The following cases were withdrawn(listed below as Agenda numbers): • 2. CASE NO: 50174991-CEEX20110008046 - CAROLYN K. PENTZ • 3. CASE NO: SO174527-CEEX20110010473 - EVELYN J. MOFFET AND ROBERT WATTS MOFFET • 4. CASE NO: PR042652-CEEX20110009945 - ROMUALD MUNDKOWSKI • 5. CASE NO: PR042660-CEEX20110010569 - CHARLES R. GALLOPS • 6. CASE NO: PR046235-CEEX20110009466 - H& R FARMS OF IMMOKALEE • 7. CASE NO: PR046615-CEEX20110009669 - BEAUTIFAUX LLC • 15. CASE NO: CESD20110002337 - LAUREL LAKES HOMEOWNERS ASSOCIATION INC. • 22. CASE NO: CEOCC20110005064 - IMPAG LLC (noted during meeting at time of item number) Under Item VI.A —Motion for Imposition of Fines - The following case was withdrawn(listed below as Agenda Item Numbers): • 4 CASE NO: CESD20100003049 - WALTER 0. BADO VEGA The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—August 5,2011 The Minutes of the August 5, 2011 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS 2 161 2 A6 September 2, 2011 A. Motion for Reduction/Abatement of Fines None B. Motion for Continuance None C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 8. CASE NO: PU4688-CEEX20110010877 OWNER: STOCK DEVELOPMENT LLC OFFICER: INVESTIGATOR GEORGE CASCIO VIOLATIONS: CODE OF LAW&ORD.2001-73, SEC. 1.4 N UNLAWFUL CONNECTION TO THE CURBSTOP.HEALTH, SAFETY,AND WELFARE. FOLIO NO: 53570101761 VIOLATION ADDRESS:6365 SERANO WAY,NAPLES Investigator Cascio represented the County. The Stipulation was entered into by the Respondent's Representative Chad Imig, Construction Manager on September 2, 2011. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$50.00 incurred in the prosecution of the case by October 2, 2011. 2. Pay a $500.00 civil penalty and a $5.00 administrative fee for a total of assessment of $555.00. 3. Agree to a review of all outstanding citations. 4. Agree to hold biweekly "tailgate education"for a period of two months with Stock Construction representatives and their subcontractors. Total Amount Due: $555.00 9. CASE NO: PU4690-CEEX20110011363 OWNER: STOCK DEVELOPMENT LLC OFFICER: INVESTIGATOR GEORGE CASCIO VIOLATIONS: CODE OF LAW&ORD., SEC. 134-126(A)(6) ALTERED BACKFLOW ASSEMBLY NOT AUTHORIZED BY THE DEPARTMENT. FOLIO NO: 53570103484 VIOLATION ADDRESS:6475 CAREMA LANE,NAPLES Investigator Cascio represented the County. The Stipulation was entered into by the Respondent's Representative Chad Imig, Construction Manager on September 2, 2011. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$50.00 incurred in the prosecution of the case by October 2, 2011. 2. Pay a $500.00 civil penalty and a $5.00 administrative fee for a total assessment of$555.00. 3. Agree to a review of all outstanding citations 3 161 2 September 2, 2011 4. Agree to hold biweekly "tailgate education"for a period of two months with Stock Construction representatives and their subcontractors. Total Amount Due: $555.00 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 presented the case. Jean Clade Martel was present. Investigator Botts testified as of 9/2/11 the violation has not been abated. As previously requested by the Special Magistrate, Mr. Martel did allow County Officials on the property to inspect the site. She highlighted the County'y request: Special Magistrate Order No. 4637 Page: 672— 12/3/10 Fine Amount: $200.00/day Duration: 12/11/10—9/2/11 (266 days) Total Fine Amount: $53,200.00 Unpaid Operational Costs: $112.20 Total to Date: $53,312.20 Mr. Martel reported he had a friend present to assist him. Mary Brisson, Registered Nurse stated she was a friend of Mr. Martel and became acquainted with him 10 months ago during treatment for a stroke. During discussions, Special Magistrate Garretson became concerned on the health of Mr. Martel and determined he was not competent to participate in today's hearing. She requested the County arranged an evaluation for Mr. Martel to determine his well being. Mr. Martel agreed to an evaluation. The Special Magistrate CONTINUED the case. B. Hearings 1. CASE NO: S0166263-CEEX20110009555 OWNER: MARY E.VIGEANT OFFICER: DEPUTY M.HERNANDEZ#3428 VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 9885 COLLIER BLVD,NAPLES Deputy Hernandez was not present. 4 161 2 A 6 1111 September 2, 2011 Jen Baker, Code Enforcement Supervisor reported he is no longer employed by the Collier County Sheriff's Department. The Department did not send an Officer to represent them in the case. Ms. Vigeant was present and presented a handicap parking sign. She testified she forgot to display the sign after parking the vehicle. The Special Magistrate DISMISSED the case with prejudice. 10. 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 Supervisor Letourneau represented the County. Richard Lariche,Jr. and Valerie Lariche were present. The case was resumed following a continuance at the 8/5/11 hearing. Evidence entered: Exhibit A: 1 photo dated 6/1/11 Exhibit B: 1 photo dated 9/1/11 Mr. and Mrs. Lariche testified they are in the process of completing landscaping work to abate the violation as shown in the 9/1/11 photo. They requested the item be continued until the work is completed. Supervisor Letourneau stated the Lariches' have been taking steps to abate the violation. The Special Magistrate CONTINUED the case until the next hearing date. 14. CASE NO: CENA20110007405 OWNER: JOSEPH A.JEAN AND RAYMONDE JEAN OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54,ARTICLE VI, SECTION 54-181. LITTER CONSISTING OF WASHER,BOXES, SUITCASE,DOLLYS,CONTAINERS, METAL,CRATES, COOLERS, MATTRESS,PICTURE FRAME,GAS CONTAINER, BUCKETS,T.V.,BEDRAILS,RADIATOR,AND AUTO PARTS IN THE FRONT YARD. FOLIO NO: 36377240004 VIOLATION ADDRESS:5291 23RD PLACE SW,NAPLES Supervisor Letourneau represented the County. Joseph A. Jean was present. Original Date of Service: 6/8/11 Evidence entered: Composite Exhibit A: 9 photos dated 9/1/11 Supervisor Letourneau reported the case was originally investigated on June 6, 2011 and the violation remains as of 9/2/11. 5 161 2 A6 1 September 2, 2011 Mr. Jean testified the property is the subject of a short sale and he needs to be off the property by 9/4/11. The debris is outside as he is in the process of cleaning up and moving. 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 October 2, 2011. 2. 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 September 12, 2011 or a fine of$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: $112.20 24. CASE NO: CESD20100005186 OWNER: JOSE FONTE VALDES OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).CANOPY CARPORT STRUCTURE WITHOUT COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 40182440001 VIOLATION ADDRESS:3680 31ST AVENUE NE,NAPLES Investigator Asaro represented the County. Jose Valdes was present. Norta be Cestebes served as an interpretor for Mr. Valdes. Evidence entered: Exhibit A— 1 photo dated 4/21/10 Investigator Asaro testified Mr.Valdes has obtained a Collier County Building Permit, however has not completed the construction and obtained the Certificate of Completion. Mr. Valdes testified he began the project without necessary County permits and received a violation. He obtained the necessary permit(s)but has had recent financial hardships and health issues which have hindered him from completing the project in the anticipated time frame. The structure is secured into the ground via concrete. He requested additional time to complete the project and obtain the necessary Certificate of Completion/Occupancy. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 6 161 2 A 6 September 2, 2011 1. Pay operational costs in the amount of$112.38 incurred in the prosecution of this case by February 2, 2012. 2. Abate the violation by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit all necessary inspections and Certificate of Occupancy/Completion by February 2, 2012 or a fine of$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. Mr. Valdes was requested to contact Code Enforcement Officials if he has trouble meeting the deadlines imposed in the Order. Total Amount Due: $112.38 27. CASE NO: CESD20100005619 OWNER: ROY E.COMPTON OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 40182480003 VIOLATION ADDRESS:3690 31ST AVENUE NE,NAPLES Investigator Asaro represented the County. Roy Compton was present. Evidence entered: Exhibit A— 1 photo dated 4/23/10 Mr. Compton testified he and his wife have had financial and health issues which have hindered the ability to complete the project. He has submitted an application for a Collier County Building Permit. He requested additional time to obtain the permit and complete the project. 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 February 2, 2012. 2. Abate the violation by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit all necessary inspections and Certificate of Occupancy/Completion by February 2, 2012 or a fine of$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 7 161 Aol.1 September 2, 2011 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: $112.29 28. CASE NO: C002734-CEVFH2O110006845 OWNER: TOM BRENNAN OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT A VALID DRIVER ID ISSUED BY THE COUNTY.ID HAD EXPIRED IN 2009. VIOLATION ADDRESS:NAPLES BEACH CLUB HOTEL, 851 GULFSHORE BLVD,NAPLES Investigator Crowley represented the County. Tom Brennan was present. Investigator Crowley testified: • On May 21, 2011 during a"Prom Check" at the Naples Beach ClubHotel she observed Mr. Brennan operating a Vehicle for Hire. • During her onsite interview, Mr. Brennan could not produce his Driver ID for inspection. • At a later date, it was determined Mr. Brennan's Driver ID was expired during the time in question. • On June 26, 2011, a citation was issued to Mr. Brennan for operating a Vehicle for Hire without a valid Driver ID. • Mr. Brennan did immediately obtain a valid Driver ID after notification by the County that it had expired. Mr. Brennan testified he was under the impression he was issued a "warning" on the day of the incident. Subsequently, he was issued a citation. He bears the expense of duplicate annual background checks, one for himself as an owner, and one as a driver. He recommended the County address the issue of"duplicate" fees and requested the fine be waived. The Special Magistrate found the Respondent GUILTY and ordered to: 1. Pay the Operational costs of$50.00 and an Administrative Fee of$5.00 for a total assessement of$55.00 to be paid by October 2, 2011. Total Amount Due: $55.00 29. CASE NO: C002736-CEVFH2O110009209 OWNER: WILLIAM HARRIS OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT A VALID DRIVER ID ISSUED BY COLLIER COUNTY. ID EXPIRED ON 1/22/11. VIOLATION ADDRESS: MARCO MARRIOTT HOTEL,400 S. COLLIER BLVD, MARCO ISLAND 8 161 2 Ab September 2, 2011 Investigator Crowley represented the County. Willilam Harris was present. Investigator Crowley testified: • On July 5, 2011 she observed Mr. Harris operating a Vehicle For Hire without the necessary decals on the vehicle. • During the onsite interview, the necessary decals were found in the glove compartment and placed on the vehicle. • It was later determined, Mr. Harris's Driver ID had expired in January of 2011 and he was therefore operating a Vehicle for Hire without a valid Driver ID on the day of the incident. • The citation was issued on July 9, 2011. • Mr. Harris has renewed his license. Mr. Harris testified he forgot to renew his Driver ID as he was out of town at the time it expired. The Special Magistrate found the Respondent GUILTY and ordered to: 1. Pay the Operational costs of$50.00 and an Administrative Fee of$5.00 for a total assessement of$55.00 to be paid by October 2, 2011. Total Amount Due: $55.00 30. CASE NO: C002737-CEVFH2O110009210 OWNER: THE NELLIE GROUP INC. OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). EMPLOYED WILLIAM HARRIS AND ALLOWED HIM TO OPERATE A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT A VALID DRIVER ID ISSUED BY THE COUNTY. ID EXPIRED ON 1/22/11. VIOLATION ADDRESS:MARCO MARRIOTT HOTEL,400 S. COLLIER BLVD,MARCO ISLAND Investigator Crowley represented the County. Kathleen Gorman, The Nellie Group, Inc. was present. Investigator Crowly testified the case was in relation to the previous case (C002736- CEVFH2O110009209) where Mr. Harris was allowed to operate a vehicle without a Valid Driver ID. Ms. Gorman testified when she contacted the County regarding the necessary renewals she was informed the County was changing background check vendors and she could not apply for the renewals at that time. She forgot to check back with County Officials and the County does not contact companies when renewals are required so the proper renewals were not obtained. The Special Magistrate noted it is the responsibilty of the license holders to ensure there licenses or certificates are up to date. The Special Magistrate found the Respondent GUILTY and ordered to: 1. Pay the Operational costs of$50.00. 2. Pay an Administrative Fee of$5.00. 3. Pay a fine for$200.00 for total assessment of$255.00 to be paid October 2, 2011. 9 161 2 A6 September 2, 2011 Total Amount Due: $255.00 31. CASE NO: CO02738-CEVFH20110006824 OWNER: JAMES KEVIN GILL OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT A VALID DRIVER ID ISSUED BY COLLIER COUNTY. ID EXPIRED IN 2009. VIOLATION ADDRESS: MARCO MARRIOTT HOTEL,400 S.COLLIER BLVD,MARCO ISLAND Investigator Crowley represented the County. James Kevin Gill was present. Investigator Crowley testified: • On May 14, 2011 during a"Prom Check" at the Marco Marriott she observed Mr. Gill operating a"Vehicle for Hire." • She signaled Mr. Gill to stop at the "Prom Check" checkpoint however he proceeded without stopping. • She was able to photograph the vehicle as it passed by the checkpoint. • Later that evening, she observed the vehicle at the 951 boat ramp where she interviewed Mr. Gill who stated the passengers were provided complimentary services. He instructed her to contact Ron Gill, owner of the company for further details. • After a series of phone calls, she was unable to contact the owner to validate the testimony. • Subsequently, it was determined Mr. Gill's Driver ID had expired on July 24, 2009. • The citation was issued. • She has not determined if compensation was provided by the party (who arranged the transportation)to Mr. Gill. James Gill testified he did provide transportation, however the passengers paid for the gas and no monies or services were received for the transportation services he provided. Ron Gill, Owner/Representative Big Shotz Limousine provided the following evidence: Exhibit A: Reservation from between the parties involved indicating the service was complimentary. Ron Gill testified the company (Big Shotz) is no longer in business and the transportation was complimentary to a family friend as indicated on the reservation form. If necessary, he will obtain a letter from the party responsible (Ms. Perez) for arranging the transportation confirming the service was complimentary. The Special Magistrate took the case UNDER ADVISEMENT subject to Ron Gill submitting a notarized letter from Ms. Perez stating the transporation service was provided complimentary with no exchange of services or funds. Said letter to be received by Code Enforcement Officials by September 16, 2011. 32. CASE NO: CO02739-CEVFH2O110009364 OWNER: BIG SHOTZ LIMOUSINE INC. OFFICER: INVESTIGATOR MICHAELLE CROWLEY 10 161 2 A6 September 2, 2011 VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT A VALID COLLIER COUNTY LICENSE TO OPERATE. LICENSE TO OPERATE EXPIRED IN AUGUST 2010. VIOLATION ADDRESS:MARCO MARRIOTT HOTEL,400 S.COLLIER BLVD,MARCO ISLAND Investigator Crowley represented the County. Ron Gill, Big Shotz Limousine, Inc. was present. Evidence Entered: County Exhibit A: 1 photo dated 5/14/11 County Exhibit B: 2 photos dated 6/20/11 Investigator Crowley testified the case stems from: 1. The activity identified in the previous case (C002738-CEVFH2O110006824). 2. A vehicle with a telephone number displayed which advertises transportation services. 3. The presence of online advertising. Based on these facts, Mr. Gill appears to operating a Vehicle for Hire license business in violation of the Ordinance. Mr. Gill testified the previous case inolved complimentary services,the telephone number on the vehicle is old and was inadvertently not removed, the the online advertising has been done by third parties (web sites citing Naples services from previous data). He is not currently operating a Vehicle for Hire service. The Special Magistrate took the case UNDER ADVISEMENT subject to Ron Gill submitting a notarized letter from Ms. Perez stating the transportation service was provided complimentary with no exchange of services or funds. Said letter to be received by Code Enforcement Officials by September 16, 2011. VII. NEW BUSINESS A. Motion for Imposition of Fines: (Continued) 2. CASE NO: CEPM20110001550 OWNER: PRIME HOMES AT PORTOFINO FALLS OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,SECTION 22-231(12)(d),(I2)(p),AND 22-231 (19).EXTERIOR DOOR STICKS,NOT ALLOWING PROPER INGRESS/EGRESS,LEAKY PIPES,DAMAGED CEILING AND MOLD. FOLIO NO: 32425005564 VIOLATION ADDRESS:7082 VENICE WAY,NAPLES Supervisor Letourneau represented the County noting the violation has been abated. Abatement Date: 7/29/11 Special Magistrate Order No. 4681 Page: 2182—5/3/11 Fine Amount: $200.00/day Duration: 7/4/11 —7/29/11(26 days) Total Fine Amount: $5,200.00 Total to Date: $5,200.00 The County recommmends full abatement of fines as the violation was abated. 11 161 2 or A 6 September 2, 2011 The Repondent's representative was present. The Special Magistrate DENIED the County's Motion for Imposition of Fines. 11. 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 noting the violation has not been abated. He reported the case was continued at the August 5, 2011 Special Magistrate hearing. Leobarda Gutierrez was present. Brendi Gutierrez was present to translate for Mr. Gutierrez. Investigator Asaro outlined the County's request for Imposition of Fines: Special Magistrate Order No. 4694 Page: 399—6/3/11 Fine Amount: $100.00/day Duration: 7/3/11 — 8/5/11(34 days) Total Fine Amount: $3,400.00 Total to Date: $3,400.00 Ms. Gutierrez reported the hearing was continued in order to amend the existing permit and remove the proposed roofed structure from the auspices of the original permit. The permit was amended and the final inspection is scheduled for today between 9am and 3pm. The hearing was recessed so the Respondent could attempt to determine if the inspection has been completed. Break: 12:01 p.m. Reconvened: 12:20 p.m. Ms. Gutierrez reported the inspection had not been completed. The Special Magistrate CONTINUED the case until the October meeting. VIII. NEW BUSINESS B. Hearings 11. 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 Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 12 6 1 k4 A September , 2011 Supervisor Letourneau represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A- 3 photos dated 5/5/11 Composite Exhibit B - 4 photos dated 9/1/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.20 incurred in the prosecution of this case by October 2, 2011. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle and or repairing any defects to each vehicle so they are operable, or storing the vehicles in a completely enclosed structure, or removing the offending vehicles from the property by September 9, 2011 or a fine of$50.00 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: $112.20 12. CASE NO: CEPM20110007297 OWNER: DANA D.LEWIS EST. OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI, SECTION 22-231(15).POOL GREEN AND STAGNANT. FOLIO NO: 60842700304 VIOLATION ADDRESS: 140 NAPA RIDGE WAY,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Supervisor Letourneau represented the County. The Respondent was not present. Evidence Entered: Exhibit A- 1 photo dated 6/2/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.47 incurred by Code Enforcement during the prosecution of the case on or before October 2, 2011. 13 1 6 1 , , 0 September 2, 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 September 9, 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 before September 9, 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. Total Amount Due: $112.47 13. CASE NO: CESD20100006517 OWNER: AGRON SLOVA AND NEAT KERKUTI OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(1). REPLACEMENT OF STAIR RISERS WITHOUT A PERMIT. FOLIO NO: 35761000000 VIOLATION ADDRESS:4637 18TH PLACE SW,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Supervisor Letourneau represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A - 2 photos dated 5/10/10 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.20 incurred in the prosecution of this case by October 2, 2011. 2. Abate all violations by obtaining all required Collier County Building Permit(s), and required inspections and Certificate of Occupancy/Completion by October 2, 2011 or a fine of$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. 14 1 6 I 2 pj6 Se 2, 2011 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County 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 Break: 12:41 p.m. Reconvened: 1:00 p.m. 16. CASE NO: CEPM20100007769 OWNER: SILVIA DERRICK OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 22-322(a). SEAWALL IN NEED OF REPAIR. FOLIO NO: 55850840009 VIOLATION ADDRESS:223 1ST STREET,BONITA SPRINGS Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Investigator Pulse represented the County. The Respondent was not present. Evidence Entered: Exhibit A - 1 photos dated 6/7/10 Exhibit B - 1 photos dated 7/26/11 Composite Exhibit C—2 photos dated 7/31/11 Exhibit D - 1 photos dated 7/8/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.38 incurred in the prosecution of this case by October 2, 2011. 2. Abate all violations by repairing and/or reconstructing the seawall and obtaining all required Collier County Building Permit(s) and inspections and obtain a Certificate of Occupancy/Completion by October 2, 2011 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 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 17. CASE NO: CEPM20110009173 OWNER: ROBERT E.BROWN AND SERITA D.BROWN OFFICER: INVESTIGATOR JONATHAN MUSSE 15 6 I pi Ab Z September 2, 2011 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15).WATER GREEN WITH ALGAE. FOLIO NO: 66262006349 VIOLATION ADDRESS:8622 PEBBLEBROOKE DRIVE,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Investigator Musse represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A - 2 photos dated 8/7/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before October 2, 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 September 9, 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 September 9, 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. Total Amount Due: $112.38 18. CASE NO: CEPM20110007564 OWNER: ELI WALLEN AND DANNIE DEVOL OFFICER: INVESTIGATOR ARTHUR FORD 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. FOLIO NO: 62766360006 VIOLATION ADDRESS:707 94TH AVENUE N,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/15/11 Investigator Bosa represented the County. The Respondent was not present. 16 a i 16I St , 2011 Evidence Entered: Exhibit A- 1photo dated 6/7/11 Exhibit B— 1 photo dated 9/1/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.47 incurred by Code Enforcement during the prosecution of the case on or before October 2, 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 September 9, 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 September 9, 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. Total Amount Due: $112.47 19. CASE NO: CEPM20110008927 OWNER: HARRY NEVINS AND JACQUELINE NEVINS 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(19).BEE INFESTATION AT THE REAR OF RESIDENTIAL STRUCTURE. FOLIO NO: 81628960004 VIOLATION ADDRESS:270 ISLAMORADA LANE,NAPLES Date of Certified Mailing: 8/19/11 Date of Courthouse Posting: 8/22/11 Investigator Condomina represented the County. The Respondent was not present. Evidence Entered: Exhibit A - 1 photo dated 6/15/11 Exhibit B— 1 photo dated 8/19/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 17 161 2 Pi A6 ' 1 September 2, 2011 1. Pay operational costs in the amount of$112.47 incurred in the prosecution of this case by October 2, 2011. 2. Remove the infestation from the residential structure and maintain the structure free from infestation by September 9, 2011 or a fine of$250.00 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: $112.47 20. CASE NO: CEPM20110008150 OWNER: CLINT TAYLOR OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND SECTION 22-231(12)(i). BROKEN SLIDERS AND GREEN POOL. FOLIO NO: 38168440008 VIOLATION ADDRESS:3130 58TH STREET SW,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Supervisor Letourneau represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A - 3 photos dated 6/15/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before October 2, 2011. 2. Obtain a valid Collier County Building Permits, all required inspections and a Certificate of Completion to restore the windows to a permitted condition on or before September 16, 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 or; 3. Obtain a Collier County "Boarding Certificate"and "board"the windows on or before September 16, 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. If the option outlined in #3 above is chosen, obtain all required Collier County permits to restore the windows to a permitted condition on or before March 2, 2012 or a fine of 18 16i 2 PI A6 September 2, 2011 $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. 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 September 9, 2011 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or; 6. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before September 9, 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. 7. Notify the Code Enforcement within 24 hours of abatement of the violation(s) and request the Investigator perform a site inspection to confirm compliance. 8. If the Respondents have not complied by the deadlines, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. Total Amount Due: $112.38 21. CASE NO: CESD20110008158 OWNER: CLINT TAYLOR OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).UNPERMITTED SHED. FOLIO NO: 38168440008 VIOLATION ADDRESS:3130 58TH STREET SW,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/16/11 Supervisor Letourneau represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A—2 photos dated 6/15/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.38 incurred in the prosecution of this case by October 2, 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 January 2, 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. 19 161 2 1, A September 2, 2011 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 23. CASE NO: CESD20110006379 OWNER: DONALD WOODRING OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a)AND SECTION 10.02.06(B)(1)(e)(i).AN UNPERMITTED SHED ON THE PROPERTY. FOLIO NO: 45910280001 VIOLATION ADDRESS: 1381 17TH STREET SW,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/19/11 Investigator Condomina represented the County. The Respondent was not present. Evidence Entered: Exhibit A— 1 photo 6/6/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.47 incurred in the prosecution of this case by October 2, 2011. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s),Inspections and Certificate of Occupancy/Completion by October 2, 2011 or a fine of$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 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: $112.47 25. CASE NO: CESD20100017332 OWNER: SUZANNE M. YOUNG OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a).NO COLLIER COUNTY PERMITS FOR TWO SHEDS AND A LARGE BUILDING. FOLIO NO: 45849280004 VIOLATION ADDRESS: 1090 11TH STREET SW,NAPLES 20 161 2 : Am September 2, 2011 Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/19/11 Investigator Condomina represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A - 2 photos dated 6/17/11 The violation exists as of 9/1/11. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.29 incurred in the prosecution of this case by October 2, 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 2, 2011 or a fine of$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 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: $112.29 26. CASE NO: CEAU20100017344 OWNER: SUZANNE M.YOUNG OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 5.03.02(A).NO COLLIER COUNTY PERMITS FOR A WOOD FENCE WHICH IS IN DISREPAIR. FOLIO NO: 45849280004 VIOLATION ADDRESS: 1090 11TH STREET SW,NAPLES Date of Certified Mailing: 8/18/11 Date of Courthouse Posting: 8/19/11 Investigator Condomina represented the County. The Respondent was not present. Evidence Entered: Composite Exhibit A-2 photos dated 6/17/11 The violation exists as of 9/1/11. 21 161 2 .A6 September 2, 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 October 2, 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 2, 2011 or a fine of$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 C. Emergency Cases: None IX. NEW BUSINESS B. Motion for Imposition of Fines: (Continued) 3. CASE NO: CEAU20110002303 OWNER: ALEXANDER O.ULATE AND CRISTINA ULATE OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 5.03.02(A). FENCE IS DAMAGED. FOLIO NO: 36240840007 VIOLATION ADDRESS: 2001 51ST STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/16/11 The respondents were not present. Supervisor Letourneau presented the case noting the violation has been abated. Abatement Date: 5/11/11 Special Magistrate Order No. 4681 Page: 2205 —5/3/11 Unpaid Operational Costs: $112.47 Total to Date: $112.47 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$112.47. Said amount to become a lien on the property. 5. CASE NO: CEPM20110004442 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ 22 161 a A6 September 2, 2011 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i). BROKEN/MISSING WINDOW. FOLIO NO: 35989080006 VIOLATION ADDRESS:4724 25TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/16/11 The respondents were not present. Supervisor Letourneau presented the case noting the violation has not been abated. Special Magistrate Order No. 4702 Page: 1765 Fine Amount: $250.00/day Duration: 7/16/11 —9/2/11 (49 days) Total Fine Amount: $12,250.00 Unpaid Operational Costs: $112.29 Total to Date: $12,362.29 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$12,362.29. Fines continue to accrue. 6. CASE NO: CESD20110004443 OWNER: SAINT HUBERT JEAN BAPTISTE AND FABIOLA ANTOINE OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). SHED STRUCTURE ATTACHED TO HOUSE. FOLIO NO: 35989080006 VIOLATION ADDRESS:4724 25TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/16/11 The respondents were not present. Supervisor Letourneau presented the case noting the violation has not been abated. Special Magistrate Order No. 4702 Page: 168 — 7/1/11 Fine Amount: $100.00/day Duration: 8/2/11 —9/2/11(32 days) Total Fine Amount: $3,200.00 Unpaid Operational Costs: $112.29 Total to Date: $3,312.29 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$3,312.29. Fines continue to accrue. 7. CASE NO: CESD20100021849 OWNER: JEREMY J.OLMSTEAD AND CARRIE E. OLMSTEAD OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE, SECTION 22-26(b) (104.5.1.4.4).ABANDONED OR SUSPENDED PERMIT. FOLIO NO: 56570003468 23 161 2 0,4 ft t7, t A 6 September 2, 2011 VIOLATION ADDRESS:495 CROSSFIELD CIRCLE,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/15/11 The respondents were not present. Investigator Box presented the case noting the violation has not been abated. Special Magistrate Order No. 4675 Page: 1460—4/1/11 Fine Amount: $200.00/day Duration: 8/2/11 —9/2/11 (32 days) Total Fine Amount: $6,400.00 Unpaid Operational Costs: $112.20 Total to Date: $6,512.20 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$6,512.20. Fines continue to accrue. 8. CASE NO: CESD20100003657 OWNER: JOSHUA S. LAINHART AND MELANIE D. MEYER OFFICER: INVESTIGATOR JANIS POTTER VIOLATIONS: 2007 FLORIDA BUILDING CODE CHAPTER 1, SECTION 105.4.1.PERMIT NUMBER 2003052154 FOR SCREENED ADDITION EXPIRED ON DECEMBER 3,2003.NO CERTIFICATE OF COMPLETION OBTAINED. FOLIO NO: 37869920006 VIOLATION ADDRESS:2170 20TH AVENUE NE,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/22/11 The respondents were not present. Investigator Potterpresented the case noting the violation has not been abated. Special Magistrate Order No. 4704 Page: 996—7/1/11 Fine Amount: $100.00/day Duration: 8/2/11 —9/2/11 (32 days) Total Fine Amount: $3,200.00 Unpaid Operational Costs: $112.38 Total to Date: $3,312.38 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$3,312.38. Fines continue to accrue. 9. CASE NO: CEPM20110003003 OWNER: ESTEBAN HERNANDEZ OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231 (2),(11),(12), (19),(20),(12)(b),(12)(h),(12)(i).MOBILE HOME WITH NUMEROUS PROPERTY MAINTENANCE VIOLATIONS ON THE INTERIOR AND THE EXTERIOR OF STRUCTURE/BUILDING CAUSING A HEALTH AND SAFETY ISSUE TO THE COMMUNITY. FOLIO NO: 66221120004 24 161 2 A6 t , September 2, 2011 VIOLATION ADDRESS:701 DELAWARE AVENUE,IMMOKALEE Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/19/11 The respondents were not present. Investigator Snow presented the case noting the violation has been abated. Abatement Date: 5/30/11 Special Magistrate Order No. 4672 Page: 1870 4/1/11 Fine Amount: $250.00/day Duration: 4/7/11 —5/30/11 (54 days) Total Fine Amount: $13,500.00 Unpaid Abatement Costs: $3,490.00 Unpaid Operational Costs: $112.64 Total to Date: $17,102.64 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$17,102.64. Said amount to become a lien on the property. 10. CASE NO: CEPM20100005026 OWNER: VIRGILIO VALDES AND ELIZABETH VALDES OFFICER: INVESTIGATOR THERESE ROUSSEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE VI,SECTION 22-231(19) AND SECTION 22-243.VACANT CONDOMINIUM UNIT HAS EXCESSIVE MOLD ON INTERIOR WALLS. FOLIO NO: 46573003925 VIOLATION ADDRESS: 190 SANTA CLARA DRIVE,UNIT 5,NAPLES Date of Hearing Notice by Certified Mail: 8/19/11 Date of Hearing Notice Property/Courthouse Posting: 8/12/11 The respondents were not present. Investigator Rousseau presented the case noting the violation has been abated. Abatement Date: 6/21/11 Special Magistrate Order No. 4606 Page: 647—9/3/10 Fine Amount: $250.00/day Duration: 9/11/10—6/21/11 (283 days) Total Fine Amount: $70,750.00 Unpaid Abatement Costs: $16,909 Unpaid Operational Costs: $112.38 Total to Date: $87,771.38 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$87,771.38. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEPM20100018647 OWNER: TARPON IV LLC 25 161 2 fr4 a6 September 2, 2011 OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: 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. FOLIO NO: 65070800000 VIOLATION ADDRESS:616 PALMETTO AVENUE,IMMOKALEE Investigator Snow presented the case. The request was to add the abatement costs incurred by the County and increased fine amounts due to the duration of the violation. The Respondent was not present. Abatement Date: 4/25/11 Fine Amount: Part B: $250.00/day; Part C: $250.00/day Duration: Part B: 12/11/10—4/25/11 (136 days); Part C: 1/4/11 —4/25/11 (112 days) Total Fine Amount: Part B: $34,000.00; Part C: $28,000.00 Unpaid Abatement Costs: $2,190.00 Unpaid Operational Costs: $112.47 Total to Date: $64,302.47 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion to Amend the Previous Order for a total amount due of$64,302.47. Said amount to become a lien on the property. B. Motion to Rescind Previously Issued Order: 1. CASE NO: CENA20100006344 OWNER: WILLIAM M.GRANT TR,WILLIAM M.GRANT REV TRUST OFFICER: INVESTIGATOR AZURE BOTTS FOLIO NO: 25080640009 VIOLATION ADDRESS:2531 LINWOOD AVENUE,NAPLES The Special Magistrate GRANTED the motion to rescind the Previous Order. 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 26 16 i 2 F , September 2, 2011 X. NEXT MEETING DATE: October 7, 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 2:40 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING enda Garretson, pecial Magistrate The Minutes wer/approved by the Special Magistrate on bao as presented V , or as amended 27