CESM Minutes 02/03/2012February 3, 2012
MINUTES OF THE HEARING OF THE RECEIVED
COLLIER COUNTY SPECIAL MAGISTRATE
MAR 0 6 2012
Naples, Florida, February 3, 2012 `40ard of County Commissioners
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Administration
Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
Fiala
Hiller
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Henning
'
Coyle
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Coletta
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ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
Misc. Corres:
Date: 5k 22 I ►'Z
Item 0 L+ z 21F�'?�
Conies to:
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: February 3, 2012 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 — January 6, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO:
CESD20110006092
OWNER:
WILLIAM NORALES AND MARIA NORALES
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06 (13)(1)(a). PERMIT 2004030870 FOR PLANK SIDING AND 2001050959 FOR A RE-
ROOF HAS EXPIRED BEFORE OBTAINING ALL INSPECTIONS AND CERTIFICATE OF
COMPLETION.
FOLIO NO:
47871680007
VIOLATION
ADDRESS:
3750 GUILFORD ROAD, NAPLES
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0174368- CEEX20120000623
OWNER: MARIE JEANLIUS
OFFICER: DEPUTY KENNETH ROBINS
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, NOT A DESIGNATED PARKING SPOT.
VIOLATION
ADDRESS: BAREFOOT BEACH PRESERVE, NAPLES
2. CASE NO: S0174444- CEEX20110017397
OWNER: WILLIAM H. MCCAFFREY
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, TEMP PERMIT ALTERED DATE TO 03 -13.
VIOLATION
ADDRESS: SAM'S CLUB, NAPLES
3. CASE NO: S0174351- CEEX20120000176
OWNER: ANNA M. DELUCA
OFFICER: DEPUTY KENNETH ROBINS
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, PARKED ON STRIPED ACCESS.
VIOLATION
ADDRESS: THE PAVILION ACROSS FROM ANTHONY'S, NAPLES
4. CASE NO: 50174424- CEEX20110016173
OWNER: DIAIR CANTISANI
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: TOYS R US, NAPLES
5. CASE NO: S0174355- CEEX20120000225
OWNER:
ROBERT G. STABILE
OFFICER:
DEPUTY KENNETH ROBINS
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, NOT A DESIGNATED PARKING SPOT.
VIOLATION
ADDRESS:
BAREFOOT BEACH ACCESS, NAPLES
2
6. CASE NO: PR047170- CEEX20110017512
OWNER: XAVIER HART AND MICHAEL ARMEN
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID PARKING RECEIPT, PERMIT EXPIRED NOVEMBER 2011.
VIOLATION
ADDRESS: GULF ACCESS, NAPLES
7. CASE NO: PR047325- CEEX20110017957
OWNER: ROBERT N. AYLWIN
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID PARKING RECEIPT.
VIOLATION
ADDRESS: MARCO SOUTH, MARCO ISLAND
8. CASE NO: DAS12554- CEEX20110014580
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION
ADDRESS: 761 5TH STREET NW, NAPLES
9. CASE NO: DAS12555- CEEX20110014582
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION
ADDRESS: 7615 TI STREET NW, NAPLES
10. CASE NO: DAS12556- CEEX20110014583
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION
ADDRESS: 761 5TH STREET NW, NAPLES
11. CASE NO: DAS12557- CEEX20110014584
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION
ADDRESS: 7615 TH STREET NW, NAPLES
12. CASE NO:
CEROW20110011431
OWNER:
GREGORY M. PENROD AND MICHELLE L. PENROD
OFFICER:
INVESTIGATOR JIM KINCAID
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND
BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY,
FOLIO NO:
SECTION 110- 31(a). SWALE BETWEEN TWO DRIVEWAY ENTRIES HAS BEEN FILLED
VIOLATION
IN.
FOLIO NO:
77261880005
VIOLATION
ADDRESS:
1547 TI STREET, NAPLES
13. CASE NO:
CESD20110008191
OWNER:
RICHARD W. GOOD
OFFICER:
INVESTIGATOR JOE MUCHA
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO:
38336040007
VIOLATION
CONDITION.
ADDRESS:
5991 DOGWOOD WAY, NAPLES
14. CASE NO:
CEPM20110014350
OWNER:
HENRY N. BRAGA AND SALLY J. BRAGA
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:
79904128307
VIOLATION
ADDRESS:
7911 VALENTINA COURT, NAPLES
15. CASE NO:
CEPM20110014371
OWNER:
BILLY M. JOHNSON
OFFICER:
INVESTIGATOR JIM KINCAID
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS
22- 228(1) AND 22 -231 (12) (b) AND (c). ROOF, SOFFIT AND SURROUNDING AREA AND
CHIMNEY IN A STATE OF DISREPAIR.
FOLIO NO:
62101880002
VIOLATION
ADDRESS:
5444 MARTIN STREET, NAPLES
16. CASE NO: CEPM20110011732
OWNER: LIBERIO INC.
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI,
SECTIONS 22- 240(1)(a), 22 -240 (1)(b), 22 -240 (1)(f), 22 -240 (2)(a), 22 -240 (2)(f) 22- 240(2)(h),
22- 240(2)(m), 22- 240(2)(1)7 22 -240 (2)(k), 22 -240 (2)(i), 22 -240 (2)0), 22 -240 (1)(n)(2), AND 22-
242(4). WINDOWS ARE BOARDED WITHOUT A BOARDING CERTIFICATE, SOME
BOARDS ARE FALLING OFF. A BEE INFESTATION LOCATED IN THE ROOF OF THE
REAR BUILDING. SOFFIT AND FASCIA THROUGHOUT DIFFERENT AREAS OF THE
ROOF ON ALL THREE BUILDINGS ARE MISSING /FALLING OR ROTTING. SOFFIT IS
COVERED IN MOLD. EXTERIOR WALLS ARE ROTTING AND BREAKING AWAY. A
GLASS DOOR HAS BEEN BROKEN. AN ABANDONED NON - CONFORMING SIGN IS
MOUNTED TO FRONT WALL OF BUILDING.
FOLIO NO: 67080600007
VIOLATION
ADDRESS: 4628 TAMIAMI TRAIL EAST, NAPLES
17. CASE NO:
CESD20110011579
OWNER:
SALOMON MONTEZINOS AND JUDITH A. CASTILLE
OFFICER:
INVESTIGATOR ART FORD
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, SECTION 10.02.06(B)(1)(e).
PLACED A SHED IN THE REAR OF THE PROPERTY WITHOUT FIRST OBTAINING
PERMITS AND INSPECTIONS.
FOLIO NO:
62784400003
VIOLATION
37392960009
ADDRESS:
706 101ST AVENUE N, NAPLES
18. CASE NO: CESD20110012944
OWNER: ANICETO VILLA AND MARY A. VILLA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT AND SHED ERECTED WITHOUT FIRST OBTAINING A
COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 53504040005
VIOLATION
ADDRESS: 5103 DEER RUN ROAD, IMMOKALEE
19. CASE NO:
CESD20110004309
OWNER:
OMAR TAVERAS
OFFICER:
INVESTIGATOR JANIS POTTER
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS,
SECTION 105.1. SHED CONSTRUCTED ON PROPERTY; NO VALID COLLIER COUNTY
BUILDING PERMITS OBTAINED.
FOLIO NO:
37392960009
VIOLATION
ADDRESS:
184014 TH AVENUE NE, NAPLES
20. CASE NO: CEAU20110003326
OWNER: CHANTELL VIDAL AND EVELINA VIDAL
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AS
AMENDED. NEW FENCE HAS BEEN INSTALLED WITH NO PERMITS ISSUED.
FOLIO NO: 62520480009
VIOLATION
ADDRESS: 843 106TH AVENUE N, NAPLES
21. CASE NO: CEAU20110015487
OWNER: BANK OF AMERICA
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41 AS AMENDED, SECTION
5.03.02(A). A WOOD FENCE WITH A BROKEN GATE AND MISSING SLATS.
FOLIO NO: 55450440003
VIOLATION
ADDRESS: 4929 DEVON CIRCLE, NAPLES
22. CASE NO:
CEPM20110012228
OWNER:
MICHAEL M. MIR
OFFICER:
INVESTIGATOR ART FORD
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228 AND
CHAPTER 110 -46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON THE
FOLIO NO:
PROPERTY.
FOLIO NO:
62777000009
VIOLATION
3850 RECREATION LANE, NAPLES
ADDRESS:
802 99TH AVENUE N, NAPLES
23. CASE NO:
CEPM20110015441
OWNER:
CRYSTAL D. PEPPER
OFFICER:
INVESTIGATOR CARMELO GOMEZ
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(i). DAMAGED GARAGE DOOR.
FOLIO NO:
33140012763
VIOLATION
CONTAINING GREEN, ALGAED WATER AND DEBRIS. CONDITIONS CONDUCIVE TO
ADDRESS:
3850 RECREATION LANE, NAPLES
24. CASE NO:
CEPM20110017038
OWNER:
CHARLES BULICZ AND GERALDINE BULICZ
OFFICER:
INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). REPEAT VIOLATION OF A PRIVATE SWIMMING POOL
CONTAINING GREEN, ALGAED WATER AND DEBRIS. CONDITIONS CONDUCIVE TO
INSECT INFESTATION, UNSIGHTLY APPEARANCE.
FOLIO NO:
72650004662
VIOLATION
ADDRESS:
2183 CANARY ISLAND COVE, NAPLES
25. CASE NO:
CEROW20110015401
OWNER:
HIGHLAND PROP OF LEE & COLLIER
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II,
DIVISION 1, SECTIONS 110 -27 AND 110 - 32(1). OFFENDING MATERIAL (VEGETATION)
FOLIO NO:
IN THE RIGHT OF WAY.
FOLIO NO:
403200009
VIOLATION
BRIARWOOD UNIT EIGHT TRACT C, NAPLES
ADDRESS:
NO SITE ADDRESS, FOLIO 403200009, NAPLES
26. CASE NO: CEV20110011656
OWNER: ALICIA VIVES
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130 -95. UNLICENSED VEHICLE PARKED ON THE DRIVEWAY.
FOLIO NO: 37114060006
VIOLATION
ADDRESS: 4105 TH STREET NW, NAPLES
27. CASE NO:
CESD20110001645
OWNER:
BRIARWOOD DEVELOPMENT CORPORATION
OFFICER:
INVESTIGATOR HEINZ BOX
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.13(F). ANNUAL PUD MONITORING REPORT HAS NOT BEEN SUBMITTED.
FOLIO NO:
24768103021 /24768103047/24768103063
VIOLATION
40179400009
ADDRESS:
BRIARWOOD UNIT EIGHT TRACT C, NAPLES
28. CASE NO:
CESD20100007028
OWNER:
SVEND PETERSEN
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 WITHOUT OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
FOLIO NO:
40179400009
VIOLATION
36616640006
ADDRESS:
3577 RANDALL BLVD, NAPLES
29. CASE NO:
CEPM20110015108
OWNER:
JAMES D. MITCHEM AND DENISE MITCHEM
OFFICER:
INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). POOL THAT IS GREEN, STAGNANT, AND NOT PROPERLY
MAINTAINED.
FOLIO NO:
36616640006
VIOLATION
ADDRESS:
41605 TH AVENUE SW, NAPLES
30. CASE NO:
CENA20110012647
OWNER:
IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L /T EST
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, WOOD, DRYWALL,
PLASTIC BUCKETS, LAUNDRY BASKET, ALUMINUM CANS, HOUSEHOLD TRASH,
ELECTRONICS, APPLIANCES, BICYCLE RIMS, LARGE PLASTIC CONTAINERS IN
METAL FRAMING, AND OTHER ITEMS THROUGHOUT THE PROPERTY.
FOLIO NO:
74413960006
VIOLATION
66221040003
ADDRESS:
3450 CHEROKEE STREET, NAPLES
31. CASE NO:
CEV20110014863
OWNER:
IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L /T EST
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS
AMENDED, SECTION 4.05.03. UNLICENSED VEHICLE PARKED IN THE DRIVEWAY
AND A TAN VEHICLE PARKED ON THE GRASS IN THE FRONT YARD OF
RESIDENTIAL PROPERTY.
FOLIO NO:
74413960006
VIOLATION
66221040003
ADDRESS:
3450 CHEROKEE STREET, NAPLES
32. CASE NO: CEPM20110008324
OWNER: ENCRANACION GARZA AND NANCY O. GARZA
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDING AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 242(b)
AND 22- 231(12)(C) . HOUSE IN NEED OF SOME EXTERIOR ROOF REPAIRS, PROPERTY
HAS BEEN BOARDED WITHOUT A CURRENT BOARDING CERTIFICATE.
FOLIO NO: 52650680006
VIOLATION
ADDRESS: 218 N 9TH STREET, IMMOKALEE
33. CASE NO:
CEPM20110013543
OWNER:
EMILIO HERNANDEZ AND EMMA HERNANDEZ
OFFICER:
INVESTIGATOR KITCHELL SNOW
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (12)(b), (12)(d) (12)(i), (12)(p), AND (19). MOBILE HOME IN A POOR STATE OF
REPAIR WITH INTERIOR AND EXTERIOR OF THE HOME BADLY DAMAGED BY FIRE.
WINDOWS AND DOORS ARE BROKEN OUT WITH THE INTERIOR OF THE
STRUCTURE OPEN TO THE ELEMENTS.
FOLIO NO:
66221040003
VIOLATION
ADDRESS:
40612 TH STREET SE, IMMOKALEE
34. CASE NO:
CEPM20120000227
OWNER:
ESMERALDA SALAS
OFFICER:
INVESTIGATOR KITCHELL SNOW
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22- 231(2), (12)(d), (12)(i), (I 2)(p), AND (19). MOBILE HOME IN A POOR STATE OF
FOLIO NO:
REPAIR WITH WINDOWS AND DOORS BROKEN AND INTERIOR FLOOR IS ROTTED
VIOLATION
AND FULL OF HOLES. INTERIOR WALLS APPEAR TO BE ROTTED. THE INTERIOR OF
ADDRESS:
THE MOBILE HOME IS INFESTED WITH INSECT AND RODENT DROPPINGS AND THE
INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS.
FOLIO NO:
66221080005
VIOLATION
ADDRESS:
40413 TH STREET SE, IMMOKALEE
35. CASE NO: CEPM20110012536
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (15) AND 2007 FLORIDA BUILDING CODE, CHAPTER 4, RESIDENTIAL
SWIMMING POOL BARRIER REQUIREMENT, SECTION 424.2.17 THROUGH 424.2.17.3.
AN UNMAINTAINED POOL CREATING A SAFETY HAZARD AND HARBORING
INFESTATION. NUMEROUS CINDERBLOCKS SURROUNDING THE ENTIRE POOL
AREA CREATING AN UNSIGHTLY APPEARANCE. NO RESIDENTIAL POOL BARRIER
AROUND THE POOL.
FOLIO NO: 67340800000
VIOLATION
ADDRESS: 100 HICKORY ROAD, NAPLES
36. CASE NO:
CEPM20110012778
OWNER:
JOHN M. FERNER
OFFICER:
INVESTIGATOR DEE PULSE
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22 -228 AND SECTION 22- 231(12)(1). BROKEN WINDOWS IN GARAGE DOOR.
FOLIO NO:
62423160002
VIOLATION
ADDRESS:
789 107TH AVENUE N, NAPLES
37. CASE NO: CEPM20110013238
OWNER: ADA AURIGEMMA
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI,
SECTION 22 -231 (12)(i). MISSING POOL ENCLOSURE SCREENS.
FOLIO NO: 36447280004
VIOLATION
ADDRESS: 3048 50TH STREET SW, NAPLES
VI.
38. CASE NO:
CEROW20110015292
OWNER:
ROBERT A. FLICK
OFFICER:
INVESTIGATOR JIM KINCAID
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND
BRIDGES ARTICLE II, DIVISION 1, SECTIONS 110 -27 DEFINITIONS, AND 110 -32(1)
REMOVAL OF OFFENDING MATERIAL. OFFENDING MATERIAL (VEGETATION) IN
FOLIO NO:
THE RIGHT OF WAY.
FOLIO NO:
405040005
VIOLATION
2647 ANDREW DRIVE, NAPLES
ADDRESS:
NO SITE ADDRESS, FOLIO 405040005, NAPLES
39. CASE NO:
CENA20110015772
OWNER:
JOSE PALACIOS
OFFICER:
INVESTIGATOR TONY ASARO
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIRONMENT, ARTICLE VI,
SECTION 54 -181 AND SECTION 54 -179. LITTER AND DEBRIS CONSISTING OF CUT
VEGETATION, PLASTIC, METAL, FURNITURE, ETC. LOCATED THROUGHOUT THE
FOLIO NO:
PROPERTY.
FOLIO NO:
54670001100
VIOLATION
2647 ANDREW DRIVE, NAPLES
ADDRESS:
279 LEAWOOD CIRCLE, NAPLES
40. CASE NO: CEEX20120001077
OWNER: JESSICA CARMENATE
OFFICER: OFFICER ANDRA DOHERTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION
ADDRESS: MARINO CIRCLE, NAPLES
Emergency Cases:
NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO:
CENA20110006879
OWNER:
ROY DENNIS GULLION
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181, 54-
185(a), AND 54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: VEGETATIVE
DEBRIS/PALM FRONDS. WEEDS /GRASS EXCEEDS 18 INCHES IN HEIGHT.
FOLIO NO:
82641160000
VIOLATION
ADDRESS:
2647 ANDREW DRIVE, NAPLES
10
2. 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: 313058 TH STREET SW, NAPLES
3. 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, 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
4. 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
5. CASE NO: CESD20100020107
OWNER: O'NEILL PARTNERS LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
10.02.06(B)(1)(a) . GARAGES IN DUPLEX HAVE BEEN CONVERTED TO EFFICIENCIES,
ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
FOLIO NO: 36110200007
VIOLATION
ADDRESS: 500024 TH AVENUE SW, NAPLES
6. CASE NO: CENA20110007164
OWNER: LARRY D. SHIPMAN
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: 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.
FOLIO NO: 37926520006
VIOLATION
ADDRESS: 4591 PINE RIDGE ROAD, NAPLES
11
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
8.
Ll
FOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
CELU20110007170
LARRY D. SHIPMAN
INVESTIGATOR MICHELE MCGONAGLE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED, SECTION
2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON AN UNIMPROVED
LOT.
37926520006
4591 PINE RIDGE ROAD, NAPLES
CENA20110008621
LAURA LOU ROTH
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTIONS 54 -181, 54-
179, AND 54- 185(a). LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, RIMS, ALL
TYPES OF WOOD, SEVERAL APPLIANCES, LANDSCAPE ROCKS AND COLUMNS,
MATTRESSES, DOORS, METAL SECTIONS FOR ROOFING, DECORATIVE GLASS,
PAINT CANS, PLASTIC ONTAINERS, TAR PAPER, AND OTHER MISC ITEMS.
82640920005
2531 ANDREW DRIVE, NAPLES
CESD20110008622
LAURA LOU ROTH
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a), COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II,
SECTION 22 -26(b) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1,
SECTION 105.1. SHED AND FENCE ARE NOT PERMITTED. PERMIT 2009040511 FOR
ROOFING WORK HAS EXPIRED WITHOUT OBTAINING A CERTIFICATE OF
COMPLETION.
82640920005
2531 ANDREW DRIVE, NAPLES
CEPM20110010047
LAURA LOU ROTH
INVESTIGATOR AZURE BOTTS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22- 231(12)(b), 22- 231(12)( c), AND 22- 231(12)(f). SOFFIT DAMAGE; ROTTING
OR MISSING SOFFIT MATERIAL. SOFFIT IS NOT WEATHER- TIGHT. CEILING IN
FRONT PORCH AREA IS ROTTING AND FALLING. PAINT CHIPPING AND PEELING.
82640920005
2531 ANDREW DRIVE, NAPLES
CEAU20110012472
BENNETT A. FITE AND DENAY M. FITE
INVESTIGATOR JONATHAN MUSSE
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 110.4. FENCE
PERMIT 2003033233 WAS OBTAINED BUT NEVER RECEIVED CERTIFICATE OF
COMPLETION.
36241400006
21375 IST STREET SW, NAPLES
12
12. CASE NO: CESD20110007579
OWNER: LISA COLEMAN AND ROBERT BOSCAGLIA
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06 (13)(1)(a) AND SECTION 10.02.06(B)(1)(e). NO COLLIER COUNTY PERMIT FOR
STORAGE STRUCTURE IN REAR OF PROPERTY.
FOLIO NO: 45842400001
VIOLATION
ADDRESS: 109015 TI STREET SW, NAPLES
13. 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: 70794 T' AVENUE N, NAPLES
14. CASE NO: CEPM20110005397
OWNER: KEVIN STREIGHT
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22- 231(15) . POOL THAT IS GREEN, STAGNANT, AND NOT PROPERLY MAINTAINED.
FOLIO NO: 68975005923
VIOLATION
ADDRESS: 4083 BRYNWOOD DRIVE, NAPLES
15. CASE NO: CEPM20110001311
OWNER: JORGE HERNANDEZ
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15) . POOL WATER IS GREEN /BROWN, STAGNANT AND NOT BEING
MAINTAINED.
FOLIO NO: 36860200001
VIOLATION
ADDRESS: 1853 1ST STREET NW, NAPLES
16. CASE NO: CENA20110009315
OWNER: MICHAEL L. ROXBY AND NANCY L. ROXBY
OFFICER: INVESTIGATOR CARMELO GOMEZ
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: 446325 TH COURT SW, NAPLES
13
17. CASE NO: CEPM20110003647
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI,
SECTION 22 -231 (15), (12)(1). GREEN POOL AND DAMAGED SCREEN.
FOLIO NO: 36121840003
VIOLATION
ADDRESS: 49732 IT PLACE SW, NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
VIII. CONSENT AGENDA
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 43"D AVENUE NE, NAPLES
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: March 2, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
14
February 3, 2012
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 9:00 A.M.
All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations
Special Magistrate Garretson outlined the Rules and Regulations for the hearing. 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.
Recessed: 9:15a. m.
Reconvened: 9: 35a. m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as
Agenda item numbers):
Under V.B. - Hearings the following case was moved to V.C. — Motion for Continuance
• 422 CASE NO: CEPM20110012228 - MICHAEL M. MIR
Under item V.B.
— Hearings, the following cases were moved to V.A. — Stipulations:
•
#16. CASE NO:
CEPM20110011732 - LIBERIO INC.
•
#32. CASE NO:
CEPM20110008324 - ENCRANACION GARZA AND NANCY O. GARZA
•
#34. CASE NO:
CEPM20120000227 - OWNER: ESMERALDA SALAS
•
#35. CASE NO:
CEPM20110012536 - PHILLIP B. WHITE AND JANET IRENE NEBUS
•
#38. CASE NO:
CEROW20110015292 - ROBERT A. FLICK
•
#19. CASE NO:
CESD20110004309 - OMAR TAVERAS
Under item V.B.
— Hearings, the following cases were withdrawn (listed below as Agenda item
numbers):
•
#l. CASE NO:
SO] 74368- CEEX20120000623 - MARIE JEANLIUS
•
#2. CASE NO:
SO174444- CEEX20110017397 - WILLIAM H. MCCAFFREY
•
#4. CASE NO:
S0174424- CEEX20110016173 - DIAIR CANTISANI
•
#6. CASE NO:
PR047170- CEEX20110017512 - XAVIER HART AND MICHAEL ARMEN
•
#7. CASE NO:
PR047325- CEEX20110017957 - ROBERT N. AYLWIN
•
#12.CASE NO:
CEROW20110011431 - GREGORY M. PENROD AND MICHELLE L. PENROD
•
#13.CASE NO:
CESD20110008191 - RICHARD W. GOOD
•
#14.CASE NO:
CEPM20110014350 - HENRY N. BRAGA AND SALLY J. BRAGA
•
#15.CASE NO:
CEPM20110014371 - BILLY M. JOHNSON
•
#17.CASE NO:
CESD20110011579 - SALOMON MONTEZINOS AND JUDITH A. CASTILLE
•
#1&CASE NO:
CESD20110012944 - ANICETO VILLA AND MARY A. VILLA
•
#21.CASE NO:
CEAU20110015487 - BANK OF AMERICA
• #23.CASE NO: CEPM20110015441 -CRYSTAL D. PEPPER
• #24.CASE NO: CEPM20110017038 - CHARLES BULICZ AND GERALDINE BULICZ
2
February 3, 2012
• #25.CASE NO: CEROW20110015401 - HIGHLAND PROP OF LEE & COLLIER
• #27.CASE NO: CESD20110001645 - BRIARWOOD DEVELOPMENT CORPORATION
• #29.CASE NO: CEPM20110015108 - JAMES D. MITCHEM AND DENISE MITCHEM
• #36.CASE NO: CEPM20110012778 - JOHN M. FERNER
• #39.CASE NO: CENA20110015772 -JOSE PALACIOS
Under VI.A. — Motion for Imposition of Fines, the following cases were withdrawn (listed
below as Agenda item numbers):
• #13. CASE NO: CEPM20110007564 - ELI WALLEN AND DANNIE DEVOL
• #14. CASE NO: CEPM20110005397 - KEVIN STREIGHT
Under item VII.A. — Motion to Amend Previously Issued Order, the following case was added:
• # 1. CASE NO. CEPM201 1001 1725 -NORMAN C. PARTINGTON
Under item VII.A. — Motion to Amend Previously Issued Order, the following case was added:
• #2. CASE NO: CELU20110009990 - BANK OF NEW YORK MELLON
The Special Magistrate approved the Agenda as modified
III. APPROVAL OF MINUTES — January 6, 2012
The minutes of the January 6, 2012 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
22. CASE NO:
CEPM20110012228
OWNER:
MICHAEL M. MIR
OFFICER:
INVESTIGATOR ART FORD
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228
AND CHAPTER 110-46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON
THE PROPERTY.
FOLIO NO:
62777000009
VIOLATION
ADDRESS:
802 99TH AVENUE N, NAPLES
Investigator Ford represented the County.
The Special Magistrate DENIED the respondent's motion for a Continuance.
C. Motion for Extension of Time
1. CASE NO: CESD20110006092
OWNER: WILLIAM NORALES AND MARIA NORALES
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06 (13)(1)(a). PERMIT 2004030870 FOR PLANK SIDING AND
2001050959 FOR A RE -ROOF HAS EXPIRED BEFORE OBTAINING ALL
INSPECTIONS AND CERTIFICATE OF COMPLETION.
FOLIO NO: 47871680007
VIOLATION
ADDRESS: 3750 GUILFORD ROAD, NAPLES
3
February 3, 2012
Investigator Botts represented the County and reported she had no objection to the
.request for an Extension of Time.
The Special Magistrate GRANTED the Respondent's requestfor an Extension of
Time with the case heard at a later date, if necessary.
V. PUBLIC HEARINGS
A. Stipulations
16. CASE NO:
CEPM20110011732
OWNER:
LIBERIO INC.
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
ARTICLE VI, SECTIONS 22- 240(1)(a), 22 -240 (1)(b), 22 -240 (1)(f), 22 -240 (2)(a), 22-
240 (2)(f) 22- 240(2)(h), 22- 240(2)(m), 22- 240(2)(1), 22 -240 (2)(k), 22 -240 (2)(i), 22-
240 (2)0),22-240 (1)(n)(2), AND 22- 242(b). WINDOWS ARE BOARDED WITHOUT
A BOARDING CERTIFICATE, SOME BOARDS ARE FALLING OFF. A BEE
INFESTATION LOCATED IN THE ROOF OF THE REAR BUILDING. SOFFIT
AND FASCIA THROUGHOUT DIFFERENT AREAS OF THE ROOF ON ALL
THREE BUILDINGS ARE MISSING/FALLING OR ROTTING. SOFFIT IS
COVERED IN MOLD. EXTERIOR WALLS ARE ROTTING AND BREAKING
AWAY. A GLASS DOOR HAS BEEN BROKEN. AN ABANDONED NON-
CONFORMING SIGN IS MOUNTED TO FRONT WALL OF BUILDING.
FOLIO NO:
67080600007
VIOLATION ADDRESS: 4628 TAMIAMI TRAIL EAST, NAPLES
Investigator Botts requested the hearing.
The Stipulation was entered into by the Respondent's Representative, Joseph Ciulla on
January 30, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of
this case by March 3, 2012.
2. Obtain all required Collier County Building Permit(s), or Collier County
Demolition Permit(s) and required inspections and Certificate of
Occupancy /Completion for repair of the glass door, roof, and exterior walls by
March 17, 2012 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. Obtain Collier County Boarding Certificate or remove plywood from all windows
and doors by March 17, 2012 or a $250.00 fine will be imposed for each day the
violation remains.
4. Obtain the services of a licensed exterminator/bee keeper and have the bee
infestation removed from the property by February 10, 2012 or a $250.00 fine will
be imposed for each day the violation remains.
5. Remove mold from all exterior surfaces by March 17, 2012 or a $250.00 fine will
be imposed for each day the violation remains.
6. Remove the abandoned wall sign by March 17, 2012 or a $ 250.00 fine will be
imposed for each day the violation remains.
February 3, 2012
7. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
8. If the Respondent fails to abate the violation the County may abate the violation
using any method to bring the violation into compliance 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.
Investigator Botts updated the case reporting the Operational Costs have been paid
and the bee infestation has been eradicated
'Total Amount Due: $0.00
32. CASE NO: CEPM20110008324
OWNER: ENCRANACION GARZA AND NANCY O. GARZA
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDING AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-
242(b) AND 22- 231(12)(C) . HOUSE IN NEED OF SOME EXTERIOR ROOF
REPAIRS, PROPERTY HAS BEEN BOARDED WITHOUT A CURRENT
BOARDING CERTIFICATE.
FOLIO NO: 52650680006
VIOLATION ADDRESS: 218 N 9TH STREET, IMMOKALEE
Investigator Walker requested the hearing.
The Stipulation was entered into by the Respondent Nancy O' Garza on February 2,
2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
.l. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of
this case by March 3, 2012.
2. Abate all violations by agreeing to follow through with all Collier County Boarding
Certificate requirements and repairing the roof in a safe manner to have no
defects which might admit rain or cause dampness in the walls of interior portion
of the building, or obtain a Collier County Demolition Permit, required
inspections and Certificate of Completion by August 3, 2012 or a fine of $150.00
per day will be imposed until the violation is abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within 24
hours. Notice shall be by phone and made during the workweek. 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
using any method to bring the violation into compliance and may use the
February 3, 2012
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: $112.3 8
34. CASE NO: CEPM20120000227
OWNER: ESMERALDA SALAS
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22- 231(2), (12)(d), (I 2)(i), (I 2)(p), AND (19).
MOBILE HOME IN A POOR STATE OF REPAIR WITH WINDOWS AND DOORS
BROKEN AND INTERIOR FLOOR IS ROTTED AND FULL OF HOLES.
INTERIOR WALLS APPEAR TO BE ROTTED. THE INTERIOR OF THE MOBILE
HOME IS INFESTED WITH INSECT AND RODENT DROPPINGS AND THE
INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS.
FOLIO NO: 66221080005
VIOLATION ADDRESS: 404 13T" STREET SE, IMMOKALEE
Investigator Snow requested the hearing.
The Stipulation was entered into by the Respondent Esmeralda Salas on February 3,
2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of
this case by March 3, 2012.
2. Abate all violations by repairing all defects to the structure and obtaining all
required Collier County Building Permits (if applicable) or a Demolition Permit,
with all refuse removed to a site suitable for such disposal, with inspections, and
Certificate of Completion /Occupancy by March 3, 2012 or a fine of $250.00 per
day will be imposed until the violation is abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
using any method to bring the violation into compliance 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.
Investigator Snow reported if a valid reason is given, there may be an extension granted
to abate the violation.
Total Amount Due: $112.56
35. CASE NO: CEPM20110012536
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS
OFFICER: INVESTIGATOR RALPH BOSA
6
February 3, 2012
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22 -231 (15) AND 2007 FLORIDA BUILDING
CODE, CHAPTER 4, RESIDENTIAL SWIMMING POOL BARRIER
REQUIREMENT, SECTION 424.2.17 THROUGH 424.2.17.3. AN UNMAINTAINED
POOL CREATING A SAFETY HAZARD AND HARBORING INFESTATION.
NUMEROUS CINDERBLOCKS SURROUNDING THE ENTIRE POOL AREA
CREATING AN UNSIGHTLY APPEARANCE. NO RESIDENTIAL POOL
BARRIER AROUND THE POOL.
FOLIO NO: 67340800000
VIOLATION ADDRESS: 100 HICKORY ROAD, NAPLES
Supervisor Bosa requested the hearing.
The Stipulation was entered into by the Respondent Phillip B. White on February 3,
2012.
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 $112.73 incurred in the prosecution of
this case by March 3, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s),
inspections, and Certificate of Completion /Occupancy for a pool barrier around
the pool by February 24, 2012 or a daily fine of $250.00 will be imposed for each
day the violation continues. Remove the cinderblocks to a site intended for final
disposal or proper inside storage by February 24, 2012 or a fine of $100.00 will be
imposed for each day the violation remains.
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
using any method to bring the violation into compliance 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: $112.73
38. CASE NO: CEROW20110015292
OWNER: ROBERT A. FLICK
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110
ROADS AND BRIDGES ARTICLE II, DIVISION 1, SECTIONS 110 -27
DEFINITIONS, AND 110 -32(1) REMOVAL OF OFFENDING MATERIAL.
OFFENDING MATERIAL (VEGETATION) IN THE RIGHT OF WAY.
FOLIO NO: 405040005
VIOLATION ADDRESS: NO SITE ADDRESS, FOLIO 405040005, NAPLES
Investigator Kincaid requested the hearing.
February 3, 2012
The Stipulation was entered into by the Respondent Robert A. Flick on February 3,
2012.
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 March 3, 2012.
2 Abate all violations by removing all vegetation and clean swale or drainage ditch
within the right of way to assure there is adequate drainage along the property by
March 3, 2012 or a fine of $100.00 per day will be imposed until the violation is
abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
using any method to bring the violation into compliance 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
19. CASE NO: CESD20110004309
OWNER: OMAR TAVERAS
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06(B)(1)(a) AND FLORIDA BUILDING CODE, 2007 EDITION,
CHAPTER 1 PERMITS, SECTION 105.1. SHED CONSTRUCTED ON PROPERTY;
NO VALID COLLIER COUNTY BUILDING PERMITS OBTAINED.
FOLIO NO: 37392960009
VIOLATION ADDRESS: 1840 14TH AVENUE NE, NAPLES
Supervisor Perez requested the hearing.
The Stipulation was entered into by the Respondent Omar Taveras on February 3, 2012.
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 March 3, 2012.
2. Abate all violations by obtaining all required Collier County Building Permits) or
a Demolition Permit, inspections, and Certificate of Completion /Occupancy by
May 3, 2012 or a fine of $100.00 per day will be imposed until the violation is
abated.
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
February 3, 2012
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
using any method to bring the violation into compliance 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
B. Hearings
3. CASE NO: S0174351- CEEX20120000176
OWNER: ANNA M. DELUCA
OFFICER: DEPUTY KENNETH ROBINS
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, PARKED ON STRIPED ACCESS.
VIOLATION ADDRESS: THE PAVILION ACROSS FROM ANTHONY'S, NAPLES
Deputy Robins represented the County.
Anna M. Deluca was present.
County Evidence Entered: Exhibit A — photo dated 12/28/11
Exhibit B — 1 photo
Exhibit C — 1 photo
Ms. Deluca testified:
The parking lot was full, and it was in the evening.
She was not aware the "white striped" area was included in the portion for the
handicapped space.
Deputy Robins testified:
• On December 28, 2011 he observed a vehicle parked in the "white striped" area of
a handicapped space.
There was a phone number on the vehicle and he called it to notify the individual
who possessed the number. No one answered the call and he left a voice message.
The party parked in the handicapped space exited the establishment. Due to the
parking violation they needed to back out of their space to load the vehicle.
The citation was issued.
The Special Magistrate found the Respondent GUILTY of the violation and ordered
her to pay a $250.00 fine, $50.00 in Operational Costs and a $5.00 Administrative
Fee for a total amount of $305.00 to be paid by May 3, 2012.
Total Amount Due: $305.00
CASE NO: S0174355- CEEX20120000225
OWNER: ROBERT G. STABILE
OFFICER: DEPUTY KENNETH ROBINS
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, NOT A DESIGNATED PARKING SPOT.
VIOLATION ADDRESS: BAREFOOT BEACH ACCESS, NAPLES
Deputy Robins represented the County.
February 3, 2012
Robert G. Stabile, the Respondent was present.
Respondent Evidence Entered: Exhibit A: Copy of the Parking Citation
Exhibit B: Copy of a letter from himself to Collier
County Sheriff Kevin Rambosk
Composite Exhibit C: 3 photos depicting location in question.
Exhibit D: Copy of a letter from Kevin Rambosk to
Mr. Stabile.
Mr. Stabile testified:
• On January 1, 2012, he visited Barefoot Beach and the parking lot was full and
he parked in a grass area bordered by a concrete wall.
• He assumed the area was to be utilized as overflow parking as there is no sign on
the concrete wall indicating "No Parking."
• He did not see the sign posted further down the wall that states "Parking in
Designated Areas Only. "
• Even if he had seen the sign, in his opinion it is vague in nature if it is intended to
prohibit parking in this area.
• When he returned from utilizing the beach, he found a parking citation on his
vehicle, along with citations on approximately 17 other vehicles parked on the
grass.
• He was in possession of a beach parking sticker at the time and assumed the
County, on a busy day, would demonstrate flexibility in enforcing parking
violations, such as when the 4th of July is celebrated in downtown Naples.
• In addition, the County is charging for the issuance of parking stickers and
should provide adequate parking for beach visitors.
Deputy Robins testified:
• Mr. Stabile was issued a citation as the area is grass, clearly not a designated
parking area.
• It is a violation of a County Ordinance to park in this area.
• The area is signed "Parking in Designated Areas Only. "
The Special Magistrate found the Respondent GUILTY of the violation and ordered
him to pay a $30.00 fine, $50.00 Operational Costs and an Administrative Fee of
$5.00 for a total of $85.00 to be paid by March 3, 2012.
Mr. Stabile motioned to reconsider.
The Special Magistrate DENIED the Motion to Reconsider.
Total Amount Due: $85.00
Cases 8 —11 were combined as the citations were for the same incident, 4 different animals.
8. CASE NO: DAS12554- CEEX20110014580
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION ADDRESS: 761 5TH STREET NW, NAPLES
10
February 3, 2012
CASE NO: DAS12555- CEEX20110014582
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. I -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION ADDRESS: 761 5T" STREET NW, NAPLES
10. CASE NO: DAS12556- CEEX20110014583
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION ADDRESS: 761 5T" STREET NW, NAPLES
11. CASE NO: DAS12557- CEEX20110014584
OWNER: LEE WEST
OFFICER: ANITA MARTINDALE
VIOLATIONS: CODE OF LAW & ORD. 1 -B, SEC. 8
TO RUN AT LARGE IN OR UPON ANY PUBLIC STREET
VIOLATION ADDRESS: 761 5T" STREET NW, NAPLES
Officer Martindale represented the County.
Witness Louis Estino was present.
The Respondent was present and witness Steve West was present.
County Evidence Entered: Exhibit A: Letter from Lee West to Louis Estino
Composite Exhibit 13: 4 photos dated 9/16/11
Composite Exhibit C: 8 photos dated 9/26/11
Officer Martindale testified:
• She responded to a complaint on September 15, 2011 regarding loose peacocks on a
public street.
• When she arrived the peacocks were on the street, then however entered Ms. West's
property.
• On September 16, 2011, a warning was issued to Ms. West to give her a chance to
correct the issue.
• She responded to another complaint on September 26, 2011 with the birds present on
Mr. Estino's property.
• The peacocks, once again, returned to the respondent's property.
• On September 26, 2011, citations were issued to Ms. West.
Mr. Estino testified:
• Ms. West's peacocks are constantly on his property, roosting overnight and
defecating on his sidewalk.
• They are a constant nuisance to him.
• He received a letter from the respondent which was submitted as evidence.
Ms. West testified:
The peacocks in question are not her peacocks.
They are wild peacocks free - roaming the neighborhood, entering and exiting her
property voluntarily.
February 3, 2012
• The may be attracted to her property because she does own peacocks (5 total),
however hers do no leave her property.
• The wild peacocks eat her peacock's food and mingle with them.
• She does trap the wild peacocks and relocate them when possible.
• She has installed netting on the front of her property in an attempt to curtail the wild
peacocks entering onto her property.
• There are currently no wild peacocks entering and exiting from the front of her
property, however they do enter and exit from the side of her property via a
neighbor's property who doesn't object to the activity.
Mr. Estino testified:
Peacocks were present on his property yesterday (2/2/12).
Officer Martindale testified:
• The Ordinance states "the owner is any person having a right of property in an
animal, or any person with the right or duty to control an animal, or any person
physically controlling, possessing, harboring or keeping an animal. "
• She recommends Ms. West "band" her peacocks for identification purposes.
The Special Magistrate TOOK THE CASE UNDER ADVISEMENT.
Break: 11:56 a.m.
Reconvened: 12 :10 p. m.
20. CASE NO: CEAU20110003326
OWNER: CHANTELL VIDAL AND EVELINA VIDAL
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION
105.1 AS AMENDED. NEW FENCE HAS BEEN INSTALLED WITH NO PERMITS
ISSUED.
FOLIO NO: 62520480009
VIOLATION ADDRESS: 843 106TH AVENUE N, NAPLES
Supervisor Bosa represented the County.
County Evidence Entered: Composite Exhbit A: 4 photos dated 3/14/11
Evelina Vidal was present. The respondent's were represented by Eduardo Vidal.
Respondent Evidence Entered: Exhibits #1- 11
Supervisor Bosa testified:
• In March, 2011, a complaint was received regarding construction activity and
relocation of a fence on the subject property.
• Upon investigation it was determined a fence was being installed /relocated without a
permit.
• Records indicate in 1998, there was a permit issued for a 5 -6 foot high privacy fence,
it was installed on the property, inspected and a Certificate of Occupancy was issued.
• Under the current renovation, a portion of the fence has been relocated to the rear of
the property.
• The current code allows a maximum 4 -foot high fence in the area the relocated fence
has been installed.
• On November 17, 2011, a Notice of Violation was served.
12
February 3, 2012
Mr. Vidal provided an overview of his Exhibits and testified:
• He purchased the property on Febuary 2, 2011.
• The property is under renovation, however, in an oversight the fence construction
was not included in the permits for renovation.
• He applied for an "after the fact" permit when it was brought to his attention there
was not a permit issued for the fence installation.
• The application for the permit was denied as a 5 -6 foot fence is not allowed in this
location on the property.
• The Ordinance does not provide for a variance request.
• The neighbor has a 5 -6 foot high fence, as well as other fencing on his property and
he wishes to install the relocated portion of the fence at the same height for
aesthetics and animal control purposes.
• In addition, there is an outdoor spa on the property, State of Florida Statutes require
a 6 -foot high barrier be installed for pools and this requirement should be applicable
to the spa.
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 March 3, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s),
and required inspections and Certificate of Occupancy /Completion to permit the
new fence installed or obtain all permits (f required) to remove the new fence
installed by June 3, 2012, 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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County 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
28. CASE NO: CESD20100007028
OWNER: SVEND PETERSEN
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 WITHOUT OBTAINING
A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 40179400009
VIOLATION ADDRESS: 3577 RANDALL BLVD, NAPLES
Supervisor Perez represented the County.
County Evidence Entered: Exhibit A: 1 photo dated 12/14/11
Svend Petersen was present.
13
February 3, 2012
Supervisor Perez noted the there is a shed constructed on the property with no record of
a building permit.
Mr. Peterson testified the shed was on his property when he purchased it in 1997 and he
was unaware it was unapproved. The property is in foreclosure and he has appeared
because the property is still in his name.
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 June 3, 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 June 3, 2012 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. 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
37. CASE NO: CEPM20110013238
OWNER: ADA AURIGEMMA
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
ARTICLE V1, SECTION 22 -231 (12)(i). MISSING POOL ENCLOSURE SCREENS.
FOLIO NO: 36447280004
VIOLATION ADDRESS: 3048 50TH STREET SW, NAPLES
Investigator Gomez represented the County.
Ada Aurigemma was present.
County Evidence Entered: Composite Exhibit A: 2 photos dated 9/22/11
Exhibit B: 1 photo dated 2/2/12
Investigator Gomez testified the property is still in violation as of 2/3/12.
Ms. Aurigemma testified the property is in foreclosure and she abated a portion of the
violations on the property including the damaged facia and screen enclosure repairs to
the side areas of the lanai. She did not realize the roof screening was required to be
fixed as Mr. Musse informed her the case was closed. Subsequent to this, she was
informed of only a portion of the case closed.
14
February 3, 2012
Investigator Gomez stated the County does not consider the case closed.
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 April 3, 2012.
2. Make all necessary repairs to the pool cage structure on or before April 3, 2012 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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
40. CASE NO: CEEX20120001077
OWNER: JESSICA CARMENATE
OFFICER: OFFICER ANDRA DOHERTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,
SECTION 14 -35. DANGEROUS DOG.
VIOLATION ADDRESS: MARINO CIRCLE, NAPLES
Officer Doherty represented the County.
Jessica Carmente was present.
The respondent was walking her dog, (Summer, a yellow labrador retrievier) off the
leash; it is large dog and she came into contact with other smaller dogs. The smaller
dogs began barking and nipping at her feet when Summer bit the other dog causing
serious injuries that included open lacerations, exposing the intestines. She believes
her dog was defending herself as she does not have any history of agressiveness.
She currently walks the dog on a leash, with a muzzle and has taken precautionary steps
to prevent this activity from happening again. She is on the opinion the dog should not
be deemed a "Dangerous Dog. "
Officer Doherty testified the dog was deemed a "Dangerous Dog" based on the dog
causing severe injuries to another dog.
The Special Magistrate DENIED the respondent's appeal of the County's
determination Summer be deemed a "Dangerous Dog. "
K,
Supervisor Letourneau represented the County stating the violation has not been
abated.
Special Magistrate Order: 8/5/11 - OR Book 4712 Page 409
Fine Amount: $200.00 /day
Duration: 12/6/11 — 2/3/12 (60 days)
Total Fine Amount: $12,000.00
Total to Date: $12,000.00
Joseph O' Neill, President of O'Neill Partners, LLC was present.
Mr. O'Neill testified:
• He bought the property in foreclosure and was unaware of the violation of the garage
being converted to living space.
• He engaged services of consultants who were unable to obtain the necessary permits
to permit the conversion.
• He now intends to demolish the improvements and return the space to a garage.
• He requested a continuance to resolve the violation.
Supervisor Letourneau had no objection to a continuance in the case.
The Special Magistrated CONTINUED the case to April 3, 2012.
6. CASE NO: CENA20110007164
OWNER:
F
February 3, 2012
VI. NEW BUSINESS
INVESTIGATOR MICHELE MCGONAGLE
A. Motion for Imposition of Fines:
5. CASE NO:
CESD20100020107
OWNER:
O'NEILL PARTNERS LLC
OFFICER:
INVESTIGATOR JONATHAN MUSSE
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
37926520006
10.02.06(B)(1)(a) . GARAGES IN DUPLEX HAVE BEEN CONVERTED TO
EFFICIENCIES, ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
FOLIO NO:
36110200007
VIOLATION ADDRESS: 5000 24TH AVENUE SW, NAPLES
Supervisor Letourneau represented the County stating the violation has not been
abated.
Special Magistrate Order: 8/5/11 - OR Book 4712 Page 409
Fine Amount: $200.00 /day
Duration: 12/6/11 — 2/3/12 (60 days)
Total Fine Amount: $12,000.00
Total to Date: $12,000.00
Joseph O' Neill, President of O'Neill Partners, LLC was present.
Mr. O'Neill testified:
• He bought the property in foreclosure and was unaware of the violation of the garage
being converted to living space.
• He engaged services of consultants who were unable to obtain the necessary permits
to permit the conversion.
• He now intends to demolish the improvements and return the space to a garage.
• He requested a continuance to resolve the violation.
Supervisor Letourneau had no objection to a continuance in the case.
The Special Magistrated CONTINUED the case to April 3, 2012.
6. CASE NO: CENA20110007164
OWNER:
LARRY D. SHIPMAN
OFFICER:
INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS:
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.
FOLIO NO:
37926520006
VIOLATIONADDRESS: 4591 PINE RIDGE ROAD, NAPLES
Supervisor Letourneua represented the County stating the violations have not been
abated.
Special Magistrate Order: 12/2/11 - OR Book 4745 Page 3278
Fine Amount: $100.00 /day
Duration: 1/3/12 — 2/3/12 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.20
I
February 3, 2012
Total to Date: $3,312.20
Craig Thomas, representative for Mr. Shipman was present and testified the violation
has not been abated due to Internal Revenue Service restrictions on the property and
Mr. Shipman's financial hardship.
Finding the Notice of Hearing was properly served, the Special Magistrate
GRANTED the County's Motion for Imposition of Fines and assessed Operational
Costs in the amount of $112.20 and a fine of $500.00 for a total amount due of
$612.20. Said amount to become a Lien on the property with fines continuing to
accrue.
It was noted the Respondent had requested a continuance in the case.
The Special Magistrate DENIED the respondent's Motion for a Continuance.
CASE NO: CELU20110007170
OWNER: LARRY D. SHIPMAN
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41, AS AMENDED,
SECTION 2.02.03. UNPERMITTED POLE BARN AND STORING VEHICLES ON
AN UNIMPROVED LOT.
FOLIO NO: 37926520006
VIOLATIONADDRESS: 4591 PINE RIDGE ROAD, NAPLES
Supervisor Letourneua represented the County stating the violations have not been
abated.
Special Magistrate Order: 12/2/11 - OR Book 4745 Page 3272
Fine Amount: $200.00 /day
Duration: 1/3/12 — 2/3/12 (32 days)
Total Fine Amount: $6,400.00
Unpaid Operational Costs: $112.20
Total to Date: $6,512.20
Craig Thomas, representative for Mr. Shipman was present and testified the violation
has not been abated due to the Internal Revenue Service has restrictions on the property
and Mr. Shipman's financial hardship.
Finding the Notice of Hearing was properly served, the Special Magistrate
GRANTED the County's Motion for Imposition of Fines and assessed the Operational
Costs in the amount of $112.20 and a fine of $1,000.00 for a total amount due of
$1,112.20. Said amount to become alien on the property with fines continuing to
accrue.
It was noted the Respondent had requested a continuance in the case.
The Special Magistrate DENIED the respondent's Motion for a Continuance.
Break: 2:53p. m.
Reconvend: 3: 05p. m.
17
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/19/12
Investigator Ford presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 9/1/11
The violation remains as of 2/2/12
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 March 3, 2012.
2. Abate the violation by obtaining any and all necessary County right of way
permits, inspections and Certificate of Completion /Occupancy by March 3, 2012
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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
26. CASE NO: CEV20110011656
OWNER: ALICIA VIVES
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III,
CHAPTER 130, SECTION 130 -95. UNLICENSED VEHICLE PARKED ON THE
DRIVEWAY.
FOLIO NO: 37114060006
VIOLATION ADDRESS: 410 5TH STREET NW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/23/12
18
February 3, 2012
V. PUBLIC HEARINGS (continued)
B. Hearings
22. CASE NO:
CEPM20110012228
OWNER:
MICHAEL M. MIR
OFFICER:
INVESTIGATOR ART FORD
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228
AND CHAPTER 110-46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON
THE PROPERTY.
FOLIO NO:
62777000009
VIOLATION ADDRESS: 802 99TH AVENUE N, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/19/12
Investigator Ford presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 9/1/11
The violation remains as of 2/2/12
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 March 3, 2012.
2. Abate the violation by obtaining any and all necessary County right of way
permits, inspections and Certificate of Completion /Occupancy by March 3, 2012
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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
26. CASE NO: CEV20110011656
OWNER: ALICIA VIVES
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III,
CHAPTER 130, SECTION 130 -95. UNLICENSED VEHICLE PARKED ON THE
DRIVEWAY.
FOLIO NO: 37114060006
VIOLATION ADDRESS: 410 5TH STREET NW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/23/12
18
February 3, 2012
Investigator Ambach presented the case.
Evidence entered: Exhibit A: 1 photo dated 8/19/11
Exhibit B: 1 photo dated 2/2/12
The violation remains as of 2/2/12.
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 March 3, 2012.
2. Abate all violations by obtaining and affixing a current valid license plate to each
vehicle, or store the vehicles in a completely enclosed structure, or remove the
offending vehicles from the property by February 6, 2012 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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriff's Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.29
30. CASE NO: CENA20110012647
OWNER: IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L /T EST
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-
181 AND 54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES,
WOOD, DRYWALL, PLASTIC BUCKETS, LAUNDRY BASKET, ALUMINUM
CANS, HOUSEHOLD TRASH, ELECTRONICS, APPLIANCES, BICYCLE RIMS,
LARGE PLASTIC CONTAINERS IN METAL FRAMING, AND OTHER ITEMS
THROUGHOUT THE PROPERTY.
FOLIO NO: 74413960006
VIOLATION ADDRESS: 3450 CHEROKEE STREET, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
Investigator Botts presented the case.
Evidence entered: Composite Exhibit A: 3 photos dated 9/13/11
Composite Exhibit B: 4 photos dated 9/28/11
Composite Exhibit C: 5 photos dated 2/2/12
The violation remains as of 2/2/12.
z
February 3, 2012
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 March 3, 2012.
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 March 10,
2012 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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the workweek. 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
31. CASE NO:
CEV201 1 001 4863
OWNER:
IRASEMA LAMBERT PINERO TR AND ZON1A Z. LAMBERT R/L/T EST
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,
ARTICLE III, SECTION 130 -95 AND COLLIER COUNTY LAND DEVELOPMENT
CODE 04 -41, AS AMENDED, SECTION 4.05.03. UNLICENSED VEHICLE
PARKED IN THE DRIVEWAY AND A TAN VEHICLE PARKED ON THE GRASS
IN THE FRONT YARD OF RESIDENTIAL PROPERTY.
FOLIO NO:
74413960006
VIOLATION ADDRESS: 3450 CHEROKEE STREET, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
Investigator Botts presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 11/2/11
Exhibit B: 1 photo dated 2/2/12
The violation remains as of 2/2/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of $112.56 incurred in the prosecution of this
case by March 3, 2012.
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 and park
20
February 3, 2012
vehicles on a suitable surface, or store the vehicles in a completely enclosed
structure, or remove the offending vehicles from the property by February 17,
2012 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. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.56
33. CASE NO: CEPM201 1 001 3543
OWNER: EMILIO HERNANDEZ AND EMMA HERNANDEZ
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22 -231 (12)(b), (12)(d) (I 2)(i), (12)(p), AND (19).
MOBILE HOME IN A POOR STATE OF REPAIR WITH INTERIOR AND
EXTERIOR OF THE HOME BADLY DAMAGED BY FIRE. WINDOWS AND
DOORS ARE BROKEN OUT WITH THE INTERIOR OF THE STRUCTURE OPEN
TO THE ELEMENTS.
FOLIO NO: 66221040003
VIOLATION ADDRESS: 406 12TH STREET SE, IMMOKALEE
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
Investigator Snow presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 3 photos dated 1/4/12
The violation remains as of 2/2/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of
this case by March 3, 2012.
2. Abate all violations by repairing all defects to the structure and obtain all required
Collier County Building Permit(s), if applicable and required inspections and
Certificate of Occupancy /Completion to permit the structure, or obtain all required
Collier County Demolition Permit(s) to remove said debris and dispose of at a site
suitable for disposal by February 10, 2012 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.
21
February 3, 2012
3. Notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance within
24 hours. Notice shall be by phone and made during the work week. If the
violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal
holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.56
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines: (continued)
1. CASE NO: CENA20110006879
OWNER: ROY DENNIS GULLION
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54-
181, 54- 185(a), AND 54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO:
VEGETATIVE DEBRIS /PALM FRONDS. WEEDS /GRASS EXCEEDS 18 INCHES
IN HEIGHT.
FOLIO NO: 82641 160000
VIOLATION ADDRESS: 2647 ANDREW DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has been abated.
Abatement Date: 12/1/11
Fine Amount: $50.00 /day
Duration: 11/16/11 — 12/1/11(16 days)
Total Fine Amount: $800.00
Unpaid Operational Costs: $112.38
Total to Date: $912.38
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 $912.38. Said
amount to become a Lien on the property.
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
22
February 3, 2012
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/20/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 9/2/11
Fine Amount: $$200.00 /day
Duration: (32 days)
Total Fine Amount: $6400.00
Unpaid Operational Costs: $112.38
Total to Date: $6,512.38
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
$6,512.38. Said amount to become a Lien on the property with fines continuing to
accrue.
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, 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: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/19/12
The Respondents were not present.
Investigator Box presented the case noting the violation has been abated.
Abatement Date: 11/15/11
Fine Amount: $250.00 /day
Duration: 10/15/11 - 11/15/11 (32 days)
Total Fine Amount: $8,000.00
Unpaid Abatement Costs: $1,007.30
Unpaid Operational Costs: $112.47
Total to Date: $9,119.77
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 $9,119.77.
Said amount to become a Lien on the property.
4. 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
23
February 3, 2012
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 Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/19/12
The Respondents were not present.
Investigator Condomina presented the case noting the violation has been abated.
Special Magistrate Order: 9/2/11
Fine Amount: $250.00 /day
Duration: (67 days)
Total Fine Amount: $16,750.00
Unpaid Abatement Costs: $600.00
Unpaid Operational Costs: $112.47
Total to Date: $17,462.47
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 $17,462.47.
Said amount to become a Lien on the property.
8. CASE NO: CENA20110008621
OWNER:
LAURA LOU ROTH
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTIONS 54-
181, 54 -179, AND 54- 185(a). LITTER CONSISTING OF BUT NOT LIMITED TO:
TIRES, RIMS, ALL TYPES OF WOOD, SEVERAL APPLIANCES, LANDSCAPE
ROCKS AND COLUMNS, MATTRESSES, DOORS, METAL SECTIONS FOR
ROOFING, DECORATIVE GLASS, PAINT CANS, PLASTIC ONTAINERS, TAR
PAPER, AND OTHER MISC ITEMS.
FOLIO NO:
82640920005
VIOLATION ADDRESS: 2531 ANDREW DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has been abated.
Abatement Date: 1/4/12
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: (19 days)
Total Fine Amount: $1,900.00
Unpaid Operational Costs: $112.38
Total to Date: $2,012.38
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 $2,01238.
Said amount to become a Lien on the property.
24
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has been abated.
Abatement Date: 1/5/12
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: 1/3/12 — 1/5/12 (3 days)
Total Fine Amount: $300.00
Unpaid Operational Costs: $112.56
Total to Date: $412.56
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 $412.56. Said
amount to become a Lien on the property.
10. CASE NO: CEPM20110010047
OWNER: LAURA LOU ROTH
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTIONS 22- 231(12)(b), 22- 231(12)( c), AND 22- 231(12)(f). SOFFIT
DAMAGE; ROTTING OR MISSING SOFFIT MATERIAL. SOFFIT IS NOT
WEATHER- TIGHT. CEILING IN FRONT PORCH AREA IS ROTTING AND
FALLING. PAINT CHIPPING AND PEELING.
FOLIO NO: 82640920005
VIOLATION ADDRESS: 2531 ANDREW DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: (49 days)
Total Fine Amount: $4,900.00
Unpaid Operational Costs: $112.47
Total to Date: $5,012.47
25
February 3, 2012
9. CASE NO:
CESD20110008622
OWNER:
LAURA LOU ROTH
OFFICER:
INVESTIGATOR AZURE BOTTS
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06(B)(1)(a), COLLIER COUNTY CODE OF LAWS, CHAPTER 22,
ARTICLE II, SECTION 22 -26(b) AND FLORIDA BUILDING CODE, 2007
EDITION, CHAPTER 1, SECTION 105.1. SHED AND FENCE ARE NOT
PERMITTED. PERMIT 2009040511 FOR ROOFING WORK HAS EXPIRED
WITHOUT OBTAINING A CERTIFICATE OF COMPLETION.
FOLIO NO:
82640920005
VIOLATION
ADDRESS:
2531 ANDREW DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has been abated.
Abatement Date: 1/5/12
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: 1/3/12 — 1/5/12 (3 days)
Total Fine Amount: $300.00
Unpaid Operational Costs: $112.56
Total to Date: $412.56
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 $412.56. Said
amount to become a Lien on the property.
10. CASE NO: CEPM20110010047
OWNER: LAURA LOU ROTH
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTIONS 22- 231(12)(b), 22- 231(12)( c), AND 22- 231(12)(f). SOFFIT
DAMAGE; ROTTING OR MISSING SOFFIT MATERIAL. SOFFIT IS NOT
WEATHER- TIGHT. CEILING IN FRONT PORCH AREA IS ROTTING AND
FALLING. PAINT CHIPPING AND PEELING.
FOLIO NO: 82640920005
VIOLATION ADDRESS: 2531 ANDREW DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/24/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: (49 days)
Total Fine Amount: $4,900.00
Unpaid Operational Costs: $112.47
Total to Date: $5,012.47
25
February 3, 2012
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 $5,012.47.
Said amount to become a Lien on the property with fines continuing to accrue.
11. CASE NO: CEAU20110012472
OWNER: BENNETT A. FITE AND DENAY M. FITE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 110.4.
FENCE PERMIT 2003033233 WAS OBTAINED BUT NEVER RECEIVED
CERTIFICATE OF COMPLETION.
FOLIO NO: 36241400006
VIOLATION ADDRESS: 2137 51ST STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/20/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/11
Fine Amount: $100.00 /day
Duration: (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.
Said amount to become a Lien on the property with fines continuing to accrue.
12. CASE NO: CESD20110007579
OWNER: LISA COLEMAN AND ROBERT BOSCAGLIA
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06 (13)(1)(a) AND SECTION 10.02.06(B)(1)(e). NO COLLIER
COUNTY PERMIT FOR STORAGE STRUCTURE IN REAR OF PROPERTY.
FOLIO NO: 45842400001
VIOLATION ADDRESS: 1090 15TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/19/12
The Respondents were not present.
Investigator Condomina presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/11:
Fine Amount: $100.00 /day
Duration: 1/3/12 — 2/3/12 (32 days)
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $112.47
Total to Date: $3,312.47
26
February 3, 2012
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 $3,312.47.
Said amount to become a Lien on the property with fines continuing to accrue.
15. CASE NO: CEPM20110001311
OWNER:
JORGE HERNANDEZ
OFFICER:
INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22- 231(15) . POOL WATER IS
GREEN /BROWN, STAGNANT AND NOT BEING MAINTAINED.
FOLIO NO:
36860200001
VIOLATION ADDRESS:
185 31 ST STREET NW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/23/12
The Respondents were not present.
Supervisor Perez presented the case noting the violation has been abated and
recommended the Special Magistrate waive the accumlated fines and assess the unpaid
Operational Costs
Abatement Date: 1/3/12
Unpaid Operational Costs: $112.73
Total to Date: $112.73
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 $112.73. Said
amount to become a Lien on the property.
16. CASE NO: CENA20110009315
OWNER: MICHAEL L. ROXBY AND NANCY L. ROXBY
OFFICER: INVESTIGATOR CARMELO GOMEZ
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 25'" COURT SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/20/12
The Respondents were not present.
Supervisor Letouneau presented the case noting the violation has been abated.
Abatement Date: 12/6/12
Special Magistrate Order: 10/7/11:
Fine Amount: $50.00 /day
Duration: (53 days)
Total Fine Amount: $2,650.00
Unpaid Abatement Costs: $60.00
Unpaid Operational Costs: $112.20
Total to Date: $2,822.20
27
February 3, 2012
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 $2,822.20. Said
amount to become a Lien on the property.
17. CASE NO: CEPM20110003647
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
ARTICLE Vl, SECTION 22 -231 (15), (12)(1). GREEN POOL AND DAMAGED
SCREEN.
FOLIO NO: 36121840003
VIOLATION ADDRESS: 4973 21ST PLACE SW, NAPLES
Date of Hearing Notice by Certified Mail: 1/20/12
Date of Hearing Notice Property /Courthouse Posting: 1/20/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has been abated.
Abatement Date: 1/6/12
Special Magistrate Order: 7/1/11
Fine Amount: $250.00 /day
Duration: 7/9/11 — 1/6/12 (182 days)
Total Fine Amount: Part B: $45,500.00
Part C: $45,500.00
Total to Date: $91,000.00
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 $91,000.00.
Said amount to become a Lien on the property.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO. CEPM20110011725
OWNER: NORMAN C. PARTINGTON
(Withdrawn)
B. Motion to Rescind Previously Issued Order:
1. 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: 436143 RD AVENUE NE, NAPLES
The Special Magistrate reviewed the case and GRANTED the County's Motion.
2. CASE NO: CELU20110009990
OWNER: BANK OF NEW YORK MELLON
The Special Magistrate reviewed the case and GRANTED the County's Motion.
28
February 3, 2012
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: March 2, 2012 at 9:00 A.M. at the Collier County Government
Center, 3299 Tamiami Trail East, 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 3:48 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
B Garrets-mr,Special Magistrate
The Minutes were app, rov d by the Special Magistrate on
as presented , or as amended
29