CESM Minutes 12/02/2011 December 2, 2011
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRAT N G 3II j 3
Naples, Florida, December 2, 2011
BY:
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:
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SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Colleen Davidson, Code Enforcement Administrative Scretary
Kerry Adams, Code Enforcement Administrative Secretary
Date: '511 'all 21
Item#: t(a y- 2 ►`} ■
1 CQpies to:
December 2, 2011
Any person who decides to appeal a decision of the Special Magistrate will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier
County nor the Special Magistrate shall be responsible for providing this record.
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.
Recess: 9:15 a.m.
Reconvened: 9:32 a.m.
II. APPROVAL OF AGENDA
Colleen Davidson, 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:
• #11 - CASE NO: CEPM20100003914 - SIEGFRIED AND IRENE FASCHER R/F TRUST
UTD 9/24/93
• #28 - CASE NO: CESD20110005755 - MIGUEL A. MONTALVO
• #38 - CASE NO: CESD20100004948 - FRANK J. FOX III AND VANESSA T. FOX
• #20 - CASE NO: CEV20110012870 - ODERAY ARAMBUL, ORLANDO VIGO AND CRUZ
VIGO
• #12 - CASE NO: CESD20110005633 - YVROSE JULES (added during the hearing)
• #30 - CASE NO: CEPM20110010298 - SANA S. ITAYEM AND SAFWAT M. ITAYEM
(added during the hearing)
Under item V.B. —Hearings, the following cases were withdrawn (listed below as agenda numbers):
• #1 - CASE NO: S0174048-CEEX20110014430 - JOHN R. WALTERS
• #2 - CASE NO: PR047064-CEEX20110015903 - MONICA F. GRADY
• #3 - CASE NO: PR042741-CEEX20110014936 - KIM M. STEVENS
• #5 - CASE NO: DAS 12554-CEEX20110014580 - LEE WEST
• #6 - CASE NO: DAS 12555-CEEX20110014582 -LEE WEST
• #7 - CASE NO: DAS 12556-CEEX20110014583 - LEE WEST
• #8 - CASE NO: DAS 12557-CEEX20110014584 - LEE WEST
• #16 - CASE NO: CESD20110007879 - MARIA ALVEAR
• #26 - CASE NO: CENA20110013282 - CHRISTIAN J. MACQUARRIE
• #27 - CASE NO: CESD20110004892 - LIONEL METELLUS
• #29 - CASE NO: CEV20110012903 - MARTHA L. HOUSTON TR
Under VI.A. —Motion for Imposition of Fines, the following case was withdrawn:
• #3 - CASE NO: CEPM20110000313 - LEONARD SZWAJKOWSKI
The Special Magistrate approved the Agenda as modified.
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December 2, 2011
III. APPROVAL OF MINUTES—November 1,2011
The minutes of the November 1, 2011 Special Magistrate Hearing were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
1. CASE NO: CEPM20100018111
OWNER: FRANCIS HODGE COMM CTR INC.
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-236. DANGEROUS BUILDING ON THE PROPERTY.
FOLIO NO: 01131960005
VIOLATION ADDRESS:210 TURNSTILE DRIVE,NAPLES
Investigator Seabasty represented the County reporting the violation has been abated.
The respondents were not present.
The Special Magistrate GRANTED the respondent's motion for an Extension of Time until
December 2, 2011.
2. CASE NO: CESD20110000968
OWNER: ETHEL MATA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT.
FOLIO NO: 53500360006
VIOLATION ADDRESS:906 TAYLOR TERRACE, IMMOKALEE
Investigator Rodriguez represented the County.
Max Tacco, the respondent's representative was present. He requested an extension to abate the
violation.
Investigator Rodriguez testified the violation does not pose a health, safety and welfare risk.
The Special Magistrate GRANTED the motion for an Extension of Time until June 1, 2012.
V. PUBLIC HEARINGS
A. Stipulations
11. CASE NO: CEPM20100003914
OWNER: SIEGFRIED AND IRENE FASCHER R/F TRUST UTD 9/24/93
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTIONS 22-234(3),22-231(12)(b),AND 22-231(19). SINGLE FAMILY RESIDENCE HAS
BEEN DECLARED AS A DANGEROUS BUILDING BY COLLIER COUNTY.DWELLING
HAS SEVERAL PROPERTY MAINTENANCE VIOLATIONS TO INCLUDE BUT NOT
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December 2, 2011
LIMITED TO: INFESTATION, PAINT CHIPPING,ROTTED WOOD AND STRUCTURAL
SUPPORTS MISSING.ACCESSORY STRUCTURE ALSO DECLARED DANGEROUS.
FOLIO NO: 74080200005
VIOLATION ADDRESS: 11219 KEEWAYDIN ISLAND,NAPLES
Investigator Botts represented the County.
Michael Volpe, Esquire, represented the Respondent.
Investigator Botts outlined the terms of the stipulation
1. Pay operational costs in the amount of$112.73 incurred in the prosecution of this case by
January 2, 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 December 2, 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. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the investigator perform a site inspection to confirm compliance within 24
hours. Notice shall be by phone and made during the work week. If the violation is abated
24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made
on the next day that is not a Saturday, Sunday or legal holiday.
4. If the respondent fails to abate the violation, the County may abate the violation 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 the agreement and all costs of
abatement shall be assessed to the property owner.
Discussion occurred in reference to condition#2 and#4 above, noting the structure is deemed a
"historic structure"by the County; Collier County's Historical Architectural and Preservation
Board has recommended attempts be made to renovate the structure to resemble its original
constructed condition, and that it not be demolished.
Investigator Botts read a portion of minutes from the October 19, 2011 Historical Architectural
and Preservation Board Meeting into the record.
Mr. Volpe reported he has prepared a stipulation incorporating demolition as an alternative to
reconstruction subject to a final recommendation by the Collier County Historical Architectural
and Preservation Board and issuance of a"Certificate of Appropriateness".
The case was recessed at 10:10 a.m. so the parties could review the proposed stipulations for the
purpose of reaching an agreement.
The case was reconvened at 11:30 a.m. with an agreement reached by the parties.
The Stipulation was prepared by Mr. Volpe and titled "Before the Special Magistrate in and
for Collier County, Florida, Code Enforcement Board—Case #CEPM-20100003914—Board
of County Commissioners, Florida,Plaintiff vs. Siegfried and Irene G. Fascher':
The Special Magistrate accepted the above referenced Stipulation proposed by the respondent
subject to following:
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December 2, 2011
1. The Final Order to be prepared by the respondent and to incorporate the following
language (or similar wording to fulfill County requirements) and submit said Order to the
County no later than the close of business December 5, 2011:
a. The respondent to pay operational costs incurred in prosecution of the case in the
amount of$112.73 incurred in the prosecution of this case by January 2, 2012.
b. The violation must be abated no later than December 2, 2012.
c. The respondent must notes 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.
d. 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
28. CASE NO: CESD20110005755
OWNER: MIGUEL A.MONTALVO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(a). A SHED ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 35540200005
VIOLATION ADDRESS: 126 WHITE WAY, IMMOKALEE
Investigator Rodriguez requested the hearing.
The Stipulation was entered into by the Respondent's representative, David Montalvo on
December 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
January 2, 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 March 2, 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 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: $112.29
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December 2, 2011
38. CASE NO: CESD20100004948
OWNER: FRANK J.FOX III AND VANESSA T. FOX
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,BUILDING AND LAND
ALTERATION PERMITS. COLLIER COUNTY LAND DEVELOPMENT CODE 04-41
SECTION 10.02.06(B)(1)(a)AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,
AS AMENDED, SECTION 10.02.06(B)(1)(e). SHED ON THIS PROPERTY WHICH HAS NO
PERMIT.
FOLIO NO: 62580320002
VIOLATION ADDRESS:631 104TH AVENUE N,NAPLES
Investigator Pulse requested the hearing.
The Stipulation was entered into by the Respondent Frank J Fox, III on December 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$112.47 incurred in the prosecution of this case by
January 2, 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 April 2, 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 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: $112.47
20. CASE NO: CEV20110012870
OWNER: ODERAY ARAMBUL,ORLANDO VIGO AND CRUZ VIGO
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A). SEVERAL VEHICLES PARKED ON THE GRASS.
FOLIO NO: 36373240008
VIOLATION ADDRESS:5401 23RD AVENUE SW,NAPLES
Investigator Paul represented the County.
The Stipulation was entered into by the Respondent Oderay Arambul on December 2, 2011.
Orlando Vigo and Cruz Vigo were also present with Ms. Arambul providing interpretation.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.29 incurred in the prosecution of the case by
January 2, 2012.
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December 2, 2011
2. Abate all violations by moving any and all vehicles from grass and park them in a
permitted designated parking area by December 9, 2011 or pay a fine of$50.00 a day that
the violation remains unabated, thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. 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 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
12. CASE NO: CESD20110005633
OWNER: YVROSE JULES
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). PERMIT 2011050629 NEEDS TO COMPLETE FINAL INSPECTION AND
HAVE CERTIFICATE OF COMPLETION/OCCUPANCY ISSUED.
FOLIO NO: 35753960006
VIOLATION ADDRESS:4201 21ST AVENUE SW, NAPLES
Investigator Mucha requested the hearing.
The Stipulation was entered into by the Respondent Yvrose Jules on December 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$112.12 incurred in the prosecution of this case by
January 2, 2012.
2. Abate all violations by obtaining final inspections and Certificate of
Occupancy/Completion by March 2, 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 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: $112.12
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December 2, 2011
30. CASE NO: CEPM20110010298
OWNER: SANA S.ITAYEM AND SAFWAT M.ITAYEM
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WITH GREEN STAGNANT WATER, POOL COVERING IN
STATE OF DISREPAIR AND TALL GRASS AND MOLD IN LANAI AREA.
FOLIO NO: 76230000480
VIOLATION ADDRESS: 7667 SUSSEX COURT,NAPLES
Investigator Kincaid requested the hearing.
The Stipulation was entered into by the Respondent Sana Itayem on December 2, 2011.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the
prosecution of the case on or before January 2, 2012.
2. Abate all violations by:
1. 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 January 2, 2012 or a
fine of$250.00 per day will be imposed for each day the violation remains
thereafter or;
2. Chemically treat the pool water and cover the pool to prevent the intrusion of rain
water pursuant to HUD standards on or before January 2, 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. Remove all weeds and mold present within the screened in lanai area on or before
January 2, 2012 or a fine of$50.00 a day will be 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 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: $112.38
B. Hearings
4. CASE NO: PU4644-CEEX20110014041
OWNER: SADOK B.CHIHI AND DIANE M.CHIHI
OFFICER: INVESTIGATOR JEREMY FLORIN
VIOLATIONS: CODE OF LAW& ORD.2002-17, SEC. 5(5.4)
IRRIGATION RUNNING ON A STATE MANDATED DRY DAY.PREVIOUS IRRIGATION
EDUCATION POSTED ON 7-12-2011.
FOLIO NO: 51978000547
VIOLATION ADDRESS: 14920 INDIGO LAKES DRIVE,NAPLES
Investigator Florin represented the County.
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December 2, 2011
Kent Kolegue represented the Respondents.
Investigator Florin testified the violation occurred twice; the first time a warning was issued,
the second time a citation was issued.
Mr. Kolegue reported the irrigation system was in operation on a"dry day"the first time as new
sod had been laid and the application of water was within the 30 day "grace period." During the
second infraction in question, new sod had been laid to replace areas of sod that did not
originally take hold, and the watering was again within the 30 day"grace"period.
The Special Magistrate dismissed the case pending receipt of adequate written evidence that
the sod had been placed within the 30 day time period allowed for an exemption to allow
operation of an irrigation system (or other from of watering) on a "dry day". If the
appropriate written evidence is not provided, the case will be scheduled for rehearing.
9. CASE NO: CEEX20110015660
OWNER: WALTER L. BUSH JR
OFFICER: DEPUTY FIRE MARSHAL DON BAER
VIOLATIONS: FLORIDA FIRE PREVENTION CODE CHAPTER 50, SECTION 2.1,2.2,2.10,2.10.1,AND
4.3.2. KITCHEN HOOD SYSTEM IS NOT OPERABLE AND HAS NOT PASSED
INSPECTION FOR PERMIT 2010101771,TWO FRYERS ARE BEING USED WITHOUT A
FIRE SUPPRESSION SYSTEM,CLEARANCE REQUIRED FROM COMBUSTIBLE
CONSTRUCTION(WOOD TRUSSES),DRYWALL CEILING REMOVED EXPOSING
WOODEN ROOF TRUSSES.
FOLIO NO: 77020005704
VIOLATION ADDRESS: 1826 TRADE CENTER WAY,NAPLES
Deputy Fire Marshall Baer represented the County.
Steve Hovland, Hovland Real Estate represented Mr. Bush as his agent (property manager).
County Evidence Entered: Composite Exhibit A—9 photos dated 5/25/11.
Fire Marshall Baer provided an overview of the case noting it has been ongoing since June of
2010 without resolution The property owner has been renovating a restaurant without obtaining
the proper fire code inspections. The main issue is installation of fryolators without proper
venting and final inspections.
Mr. Hovland outlined the status of the case, citing Collier County permit tracking records
indicating only the final inspections are required at this point.
Enrique Padron,testified he leased the property from Mr. Bush,however he sublet it to another
individual (who is undertaking the renovations) in September, 2010.
Eduardo Ramos, General Contractor for the project noted many of the violations have been
addressed with only installation of a fire suppression system and final inspection required to
abate the violations.
Disussion occurred between all parties in an attempt to determine the status of ongoing and
previously completed work, permits pending/issued and inspections pending/completed.
The case was recessed at 11:31a.m. so the parties could clarify the status of the project.
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December 2, 2011
Break.:11:32a.m.
Reconvened: 11:58 a.m.
The case reconvened following other cases at 12:48 p.m. with the parties reporting they have
reached agreement via a stipulation.
The Stipulation was entered into by the respondent's agent, Steve Hovland on December 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$112.12 incurred in the prosecution of this case
and$275.00 in re-inspection fees per Resolution 97-001 by January 2, 2012.
2. Abate all violations by: Cooking equipment that produces grease laden vapors is to be
located under commercial hood exhaust hood system. Install kitchen fire suppression
system to be installed under the commercial exhaust hood system to meet NFPA 96 and
UL 30 requirements. Remove all combustible construction from within 18"of the hood
duct or provide fire rated wrap system. Restore gypsum-board ceiling to safe condition,
obtain required permits, inspections and Certificate of Occupancy by January 2, 2012 or a
fine of$250.00 per day will be imposed.
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 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.
Mr. Padron testified the fryolators will be removed by the end of the day (December 2, 2011).
Total Amount Due: $112.12
10. CASE NO: CEEX20110015355
OWNER: PACIFICA NAPLES,LLC
OFFICER: FIRE INSPECTOR BARB SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE NFPA 1,CHAPTER 14.14.5.1,NFPA 1,CHAPTER
13.3.3.2,NFPA 25,CHAPTER 12.7.2 NFPA 1,CHAPTER 10.4.1,NFPA 25,CHAPTER 12.3.1,
NFPA 101,CHAPTER 4.6.12.1,NFPA 25,CHAPTER 5.2.7,FLORIDA STATUTE 633,TRUSS
RULE 69A-60.008,NFPA 13,CHAPTER 6.2.6.2.2,NFPA 25,CHAPTER 12.3.1.2,NFPA 13,
CHAPTER 6.2.7.2. EXIT SIGN DOES NOT WORK IN BACK-UP MODE, SPRINKLER
SYSTEM NOT INSPECTED,FIRE DEPARTMENT CONNECTION(FDC)CAPS ARE
MISSING,FLOW SWITCH COVER IS MISSING/NOT SECURE,CONTROL VALVES NOT
IDENTIFIED/LABELED.FIRE ALARM CABINETS AND SPRINKLER CONTROL VALVE
CABINETS ARE NOT IDENTIFIED/LABELED.HYDRAULIC NAMEPLATES ARE NOT
LEGIBLE,FLORIDA STATUTE 633,LIGHT-WEIGHT CONSTRUCTION NOT IDENTIFIED
(SIGNAGE MISSING)SPRINKLER HEADS ARE PAINTED,CONTROL VALVES NOT
CHAINED,ESCUTCHEON PLATES MISSING.
FOLIO NO: 35830040001
VIOLATION ADDRESS: WASHINGTON LANE,NAPLES AND JEFFERSON LANE,NAPLES
Deputy Fire Marshall Sibley represented the County.
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December 2, 2011
Dan Mathews, Property Management Agent for Pacifica Naples,LLC was present.
County Evidence Entered: Composite Exhibit A—7 photos dated 8/18/11.
Fire Marshall Sibley provided an overview of the case noting the buildings are not in
compliance as of 12/1/11.
Mr. Mathews testified the owner acquired the property unaware of the violations. They have
been working to bring the buildings into compliance and provided an overview of the violations
abated to date.
The case was recessed at 12:16 p.m. so the parties could attempt to reach an agreement via
stipulation.
The case was reconvened following other cases at 12:52 p.m. with the parties reporting an
agreement had been reached.
The Stipulation was entered into by the respondent's agent, Dan Mathews on December 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$112.38 incurred in the prosecution of this case by
January 2, 2012.
2. Abate all violations by correcting all fire code violations (annual inspection of fire
sprinkler system, replace missing FDC caps, install light weight truss signage, replace
painted sprinkler heads, label/identify fire alarm and sprinkler cabinets, label/identify
control valves/backflow preventers, replace missing and/or secure covers on flow switches)
by February2, 2012 or a fine of$500.00 per day will be imposed.
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 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: $112.38
19. 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 CONSTUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY,
SECTION 110-31(a)SWALE BETWEEN TWO DRIVEWAY ENTRIES HAS BEEN FILLED
IN.
FOLIO NO: 77261880005
VIOLATION ADDRESS: 154 7114 STREET,NAPLES
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December 2, 2011
Investigator Kincaid presented the case.
Gregory Penrod and Michelle Penrod, the Respondents were present.
County Evidence Entered: Composite Exhibit A: 2 photos dated 8/17/11
Exhibit B: Diagram depicting property layout
Exhibit C: 1 photo dated 12/1/11
Exhibit D: letter from Mark Burtchin, ROW Permitting
and Inspection Department dated 8/18/11 —
Subject: ROW Permit 0358—E, 154—7th
St.
Respondent Evidence Entered: Composite Exhibit A: 9 photos
Investigator Kincaid outlined the case noting the violation is in reference to Collier County
Land Development Code Section 110.31 —Permits—(filling a roadway swale and installation of
a culvert without approval by the County).
Mr. and Mrs. Penrod testified the work was completed in February, 2005 by a contractor.
At that time, the contractor provided written confirmation he completed the work in accordance
with County codes. The culvert is not obstructed and the area drains properly. There are several
other properties in the neighborhood with similar work completed.
Investigator Kincaid reported a public records investigation has determined a permit was not
issued for the work in question.
The Special Magistrate noted the area may drain properly, however County requirements are
for permits to be obtained prior to conducting the work.
The Special Magistrate CONTINUED the case until February 2, 2012 to allow the
respondents an opportunity to contact the Transportation Department in attempt to
obtain necessary approvals to abate the violation.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20110007405
OWNER: DEIVIS GUERRA HERNANDEZ
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,TV, BEDRAILS,RADIATOR,AND AUTO PARTS IN THE FRONT YARD.
FOLIO NO: 36377240004
VIOLATION ADDRESS: 5291 23RD PLACE SW,NAPLES
Investigator Paul presented the case noting the violation has been abated, and the County does
not object to the fines being waived.
Deivis Hernandez, Respondent, through his interpreter, Howard Maxam testified he purchased
the property with the violation existing unbeknownst to him and abated the violation.
12
December 2, 2011
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
V. PUBLIC HEARINGS - Continued
B. Hearings
13. CASE NO: CENA20110011444
OWNER: ELDER DUQUE AND MARIA ALICE MACEDO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,
ENVIRONMENT,ARTICLE VI WEEDS,LITTER AND EXOTICS, SECTION 54-186(a).
WEEDS OVER 18 INCHES WITHIN THIRTY FEET OF THE RESIDENTIAL STRUCTURE.
FOLIO NO: 37281080003
VIOLATION ADDRESS:620 WILSON BLVD N,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/21/11
Investigator Potter presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 8/9/11
Exhibit B: 1 photo dated 11/22/11
The violation remains as of 12/1/11.
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 the case by
January 2, 2012.
2.Abate all violations by mowing all weeds,grass or similar non protective overgrowth in
excess of 18-inches to a height of no more than 6-inches up to the property line by
December 9, 2011, and continue to maintain the subject area in said condition, or pay a
fine of$50.00 a day that the violation remains unabated thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 24 hours.
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: CEPM20110011182
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15)AND(12)(n). REPEAT VIOLATION OF A SWIMMING POOL WITH
13
December 2, 2011
GREEN STAGNANT WATER.ALSO DOOR LATCH ON POOL SCREEN ENCLOSURE
DOOR IS IN A STATE OF DISREPAIR AND POOL ENCLOSURE IS NOT SECURE.
FOLIO NO: 55402400004
VIOLATION ADDRESS:451 TORREY PINES POINT,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos 8/9/11
Exhibit B: 1 photo dated 12/1/11
The violation remains as of 12/1/11
Raymond Murry,neighbor, provided testimony on the extent of the violation expressing
concern as a neighbor it is a health, safety and welfare issue.
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 of$112.56 incurred by Code Enforcement during the prosecution
of the case on or before January 2, 2012.
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 December 9, 2011 or a fine
of$500.00 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 December 9, 2011 or a fine of$500.00 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. Take all necessary steps to repair the door latch as identified and secure the swimming
pool area in accordance with County Regulations on or before December 9, 2011 or a
fine of$500.00 a day will be imposed for each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
5. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
6. If the respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
14. CASE NO: CENA20110007164
OWNER: LARRY D.SHIPMAN
OFFICER: INVESTIGATOR JONATHAN MUSSE
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.
14
December 2, 2011
FOLIO NO: 37926520006
VIOLATION ADDRESS:4591 PINE RIDGE ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/14/11
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 7 photos dated 5/25/11
The violation remains as of 12/1/11.
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
January 2, 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 January 2, 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 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday.
4. If the respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
15. CASE NO: CELU20110007170
OWNER: LARRY D.SHIPMAN
OFFICER: INVESTIGATOR JONATHAN MUSSE
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
VIOLATION ADDRESS:4591 PINE RIDGE ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Musse presented the case.
Evidence entered: Composite Exhibit A: 10 photos dated 5/25/11
The violation remains as of 12/1/11.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
15
December 2, 2011
1. Pay operational costs in the amount of$112.20 incurred in the prosecution of this case by
January 2, 2012.
2. Abate all violations by obtaining all required Collier County Demolition Permit(s) and
required inspections and Certificate of Completion by January 2, 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. 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
January 2, 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.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday.
5. If the respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
17. CASE NO: CEPM20110010931
OWNER: DALE C.HUNT AND ANNE M. HUNT
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).POOL WAS FOUND TO BE GREEN/BLACK IN COLOR AND IN
NEED OF CHEMICAL TREATMENT.
FOLIO NO: 29555019103
VIOLATION ADDRESS:4972 TRAYNOR COURT,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Botts presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 12/1/11.
The violation remains as of 12/1/11.
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 January 2, 2012.
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 December 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 December 9, 2011 or a fine of$250.00 per day
16
December 2, 2011
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 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: CEPM20110011725
OWNER: NORMAN C.PARTINGTON
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(i). DOOR IN FRONT OF THE HOME HAS BEEN DAMAGED AND
NEEDS TO BE REPAIRED.
FOLIO NO: 38168160003
VIOLATIONADDRESS: 5761 GOLDEN GATE PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/16/11
Investigator Paul presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 8/24/11
The violation remains as of 12/1/11.
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$112.56 incurred by Code Enforcement during the
prosecution of the case on or before January 2, 2012.
2. Obtain all required Collier County Building Permits, all required inspections and a
Certificate of Completion to repair the premises as identified on or before December 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.
3. Notify the Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
4. If the respondents have not complied by the deadline, the County is authorized to abate the
violation by Contractor bid-out and assess the costs to the Respondent. If necessary,
assistance may be requested from the Collier County Sheriffs Office to enforce the terms
of the Stipulation.
Total Amount Due: $112.56
Break: 1:35 p.m.
Reconvened: 2:00 p.m.
17
December 2, 2011
21. 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.
GRASS/WEEDS EXCEED 18 INCHES IN HEIGHT BOTH IN REAR AND FRONT YARD.
FOLIO NO: 82640920005
VIOLATION ADDRESS:2531 ANDREW DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/11
Date of Hearing Notice Property/Courthouse Posting: 11/18/11
Investigator Botts presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 10 photos dated 6/27/11
The violation remains as of 12/1/11.
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 January 2, 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 December 16, 2011 or a fine of$100.00 per
day will be imposed until the violation has been abated thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
3. 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
22. 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
18
December 2, 2011
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/18/11
Investigator Botts presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 6/27/11
The violation remains as of 12/1/11.
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$112.56 incurred in the prosecution of this case by
January 2, 2012.
2. Abate all violations by obtaining all required Collier County Building Permits, or Collier
County Demolition Permit(s), all required inspections and a Certificate of Completion to
permit or remove the structure on or before January 2, 2012, or a fine of$100.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
3. Notify 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: $112.56
23. 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: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/18/11
Investigator Botts presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 8 photos dated 12/1/11.
The violation remains as of 12/1/11.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
19
December 2, 2011
1. Pay the Operational Costs of$112.47 incurred by Code Enforcement during the
prosecution of the case on or before January 2, 2012.
2. Obtain all required Collier County Building Permits, all required inspections and a
Certificate of Completion to repair the structure as identified, including protecting the
exterior surfaces by weather proofing and/or proper coating on or before December 16,
2011, or a fine of$100.00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify the Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
4. If the respondent has not complied by the deadline, the County is authorized to abate the
violation by contractor bid-out and assess the costs to the respondent. If necessary,
assistance may be requested from the Collier County Sheriffs Office to enforce the terms
of the Stipulation.
Total Amount Due: $112.47
24. CASE NO: CEAU20110012472
OWNER: BENNETT A. FITE AND DENAY M. FITE
OFFICER: INVESTIGATOR RENALD PAUL
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: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/16/11
Investigator Paul presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 7/18/11
The violation remains as of 12/1/11.
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
January 2, 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 fence or
remove the fence by January 2, 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. 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.
20
December 2, 2011
Total Amount Due: $112.38
25. CASE NO: CEPM20110011548
OWNER: CHAD A.SHANNON AND CRYSTAL M.SHANNON
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI
SECTION 22-231(15). REPEAT VIOLATION OF A POOL WITH GREEN STAGNANT
WATER.
FOLIO NO: 25117600268
VIOLATION ADDRESS:6654 CASTLELAWN PLACE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 8/16/11
Exhibit B: 1 photo dated 12/1/11
The violation remains as of 12/1/11.
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$112.20 incurred by Code Enforcement during the
prosecution of the case on or before January 2, 2012.
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 December 9, 2011 or a fine of
$500.00 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 December 9, 2011 or a fine of$500.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 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: $112.20
31. CASE NO: CEPM20110011422
OWNER: JAMES L.DUNKELBERGER
OFFICER: INVESTIGATOR JONATHAN MUSSE
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: 64625005565
21
December 2, 2011
VIOLATION ADDRESS:2968 LONE PINE LANE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/14/11
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 9/26/11
The violation remains as of 12/1/11.
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 January 2, 2012.
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 December 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 December 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. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday,Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday.
5. If the respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
32. 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(B)(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: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/15/11
Investigator Condomina presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 6/7/11
The violation remains as of 12/1/11.
22
December 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$112.47 incurred in the prosecution of this case by
January 2, 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 January 2, 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 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
33. CASE NO: CEPM20110012158
OWNER: STEPHANIE B.CHRISTIAN
OFFICER: INVESTIGATOR JOHN CONNETTA
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 DARK GREEN IN COLOR, STAGNANT AND NOT
BEING PROPERLY MAINTAINED.
FOLIO NO: 51541880000
VIOLATION ADDRESS:2106 IMPERIAL GOLF COURSE BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/15/11
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 11/1/11
The violation remains as of 12/1/11.
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 January 2, 2012.
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 December 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 December 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.
23
December 2, 2011
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday,Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
5. If the respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.47
34. CASE NO: CEPM20110011365
OWNER: URMAS A. KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15)AND(12)(n)AND SECTION 22-228(1).POOL WITH GREEN
STAGNANT WATER,POOL ENCLOSURE SCREENS IN STATE OF DISREPAIR AND
TALL WEEDS,GRASS AND MOLD IN ENCLOSURE AREA.
FOLIO NO: 54901480005
VIOLATION ADDRESS: 121 DORAL CIRCLE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos dated 8/11/11
Exhibit B: 1 photo dated 12/1/11
The violation remains as of 12/1/11.
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 January 2, 2012.
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 December 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 December 9, 2011 or a fine of$250.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
4. Obtain all required Collier County building permits, all required inspections and a
Certificate of Completion as necessary to repair the lanai screens as identified on or before
December 9, 2011, or a fine of$ $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.
5. Notes 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
24
December 2, 2011
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday,Sunday or legal holiday.
6. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
35. CASE NO: CENA20110011385
OWNER: URMAS A. KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(a).WEEDS AND GRASS IN EXCESS OF 18 INCHES TALL IN REAR,
SIDE AND POOL LANAI AREAS OF RESIDENTIAL PROPERTY.
FOLIO NO: 54901480005
VIOLATION ADDRESS: 121 DORAL CIRCLE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 8/11/11
Exhibit B: 1 photo dated 12/1/11
The violation remains as of 12/1/11.
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 the case by
January 2, 2012.
2. Abate the violation by mowing all weeds,grass or similar non protective overgrowth in
excess of 18 inches to a height of no more than 6 inches as required by December 9, 2011
or pay a fine of$100.00 a day that the violation remains unabated thereafter unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
3. 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
36. CASE NO: CENA20110012651
OWNER: CLINT TAYLOR
OFFICER: INVESTIGATOR JOE MUCHA
25
December 2, 2011
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-186(a). WEEDS IN EXCESS OF 18 INCHES ON IMPROVED LOT WITHIN
THIRTY FEET OF A RESIDENTIAL STRUCTURE.
FOLIO NO: 38168440008
VIOLATION ADDRESS:3130 58TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/16/11
Investigator Mucha presented the case.
The respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 9/17/11.
Composite Exhibit B: 2 photos dated 12/1/11
The violation remains as of 12/1/11.
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 the case by
January 2, 2012.
2. Abate all violations by mowing all weeds,grass or similar non protective overgrowth in
excess of 18 inches within 30 feet of the residential structure to a height of no more than 6
inches by December 9, 2011 or pay a fine of$100.00 a day that the violation remains
unabated thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
3. 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
C. Emergency Cases:
None
VII. NEW BUSINESS - Continued
B. Motion for Imposition of Fines:
2. 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
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/17/11
26
December 2, 2011
The respondents were not present.
Investigator Perez presented the case noting the violation has been abated.
Abatement Date: 10/28/11
Special Magistrate Order: 6/3/11 -No.4964 Page: 399
Fine Amount: $100.00/day
Duration: 10/7/11 — 10/28/11 (21 days)
Total Fine Amount: $ 2,100.00
Total to Date: $2,100.00
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
4. CASE NO: CESD20110009304
OWNER: EDUARDO VILLASENOR AND ESMERALDA VILLASENOR
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY,NO COLLIER COUNTY BUILDING PERMIT
OBTAINED.
FOLIO NO: 40473080002
VIOLATION ADDRESS:4132 16TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/15/11
The respondents were not present.
Investigator Perez presented the case noting the violation has not been abated.
Special Magistrate Order: 10/7/11 - No. 4728 Page: 2009
Fine Amount: $100.00/day
Duration: . 11/8/11 — 12/2/11 (25 days)
Total Fine Amount: $2,500.00
Unpaid Operational Costs: $112.64
Total to Date: $2,612.64
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$2,612.64. Fines continue
to accrue.
5. CASE NO: CEAU20110008432
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRIS AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION
5.03.02(A)(3). WOOD FENCE ON PROPERTY IN DISREPAIR AND FALLING APART.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/16/11
The respondents were not present.
Investigator Perez presented the case noting the violation has not been abated.
27
December 2, 2011
Special Magistrate Order: 10/7/11 -No. 4728 Page: 2045
Fine Amount: $100.00/day
Duration: 10/15/11 — 12/2/11(49 days)
Total Fine Amount: $4,900.00
Unpaid Operational Costs: $112.20
Total to Date: $5,012.20
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$5,012.20. Fines continue
to accrue.
6. CASE NO: CEV20110009199
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRIS AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-95. UNLICENSED AND INOPERABLE MOTORCYCLES AND A DODGE
NEON ON THE PROPERTY.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/16/11
The respondents were not present.
Investigator Perez presented the case noting the violation has not been abated.
Special Magistrate Order: 10/7/11 - No. 4728 Page: 2011
Fine Amount: $50.00/day
Duration: 10/11/11 — 12/2/11(53 days)
Total Fine Amount: $2,650.00
Unpaid Operational Costs: $112.20
Total to Date: $2,762.20
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$2,762.20. Fines continue
to accrue.
7. CASE NO: CEAU20110008151
OWNER: ELIUD RODRIGUEZ AND DENA AULETTO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS,SECTION 105.1.
CHAIN LINK FENCE ON THE PROPERTY,NO COLLIER COUNTY FENCE PERMIT
OBTAINED.
FOLIO NO: 39716440006
VIOLATION ADDRESS:4361 43RD AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/18/11
The respondents were not present.
Investigator Perez presented the case noting the violation has not been abated.
28
December 2, 2011
Special Magistrate Order: 10/7/11 - No. 4728 Page: 2036
Fine Amount: $100.00/day
Duration: 11/8/11 — 12/2/11(25 days)
Total Fine Amount: $2,500.00
Unpaid Operational Costs: $112.20
Total to Date: $2,612.20
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$2,612.20. Fines continue
to accrue.
8. CASE NO: CEV20110008692
OWNER: DANNY T.MATRAFAJLO
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-96(a). BOAT STORED IMPROPERLY ON RESIDENTIAL PROPERTY.
FOLIO NO: 30130120008
VIOLATION ADDRESS:2221 THOMASSON DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 11/17/11
Date of Hearing Notice Property/Courthouse Posting: 11/18/11
The respondents were not present.
Investigator Botts presented the case noting the violation has been abated. The Operational
Costs have been paid. The County recommends waiving the amount of all fines incurred.
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to forward cases to the County Attorney's Office as referenced in the 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 the
submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
29
December 2, 2011
X. NEXT MEETING DATE: January 6,2012 9:00 A.M. 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 2:56 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Br%rda Gam Special Magistrate
The Minutes were approved by the Special Magistrate on f l(p a , as presented (�
or as amended '
30