CESM Minutes 01/06/2012 January 6, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRAT song vs
Naples, Florida, January 6, 2012
BY:.......................
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
Fiala ?P
Hiller
Henning "T"'4-)'
Coyle _
Colette (j
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
Misc.Dares:
Date: I Z
hem : I�, L,
Copies to:
1
January 6, 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
A. Hearing rules and regulations
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM. All
those testifying at the proceeding did so under oath.
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: 9:17 a.m.
Reconvened: 9:43 a.m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda
item numbers):
Under VI.A —Motion for Imposition of Fines, the following case was moved to Item V.B—Motion for
Continuance:
• #16 - CASE NO: CENA20110006879 - OWNER: ROY DENNIS GULLION
Under V.B—Hearings, the following case was moved to Item V.B —Motion for Continuance:
• #13 - CASE NO: CESD20110008191 - OWNER: RICHARD W. GOOD
Under V.B—Hearings, the following cases were moved to Item V.A— Stipulations:
• #25 - CASE NO: CEPM20110015423 - OWNER: VINCENT PRINCIPE JR.
• #22 - CASE NO: CEPM20110013209 - OWNER: PAULINE E. BURKE
Under V.B—Hearings, the following cases were withdrawn (listed below as Agenda item
numbers):
• #2 - CASE NO: S0174565-CEEX20110017115 - OWNER: MARY R. NOCERA
• #3 - CASE NO: SO175968-CEEX20110016539 - OWNER: GLORIA A. BROWNELL
• #6 - CASE NO: PR047085-CEEX20110016561 - OWNER: TODD W. DAVIS AND KRISTA
DAVIS
• #7 - CASE NO: PU3847-CEEX20110016137 -OWNER: HOWARD B. GUTMAN AND
RACHEL A. GUTMAN
• #8 - CASE NO: PU4692-CEEX20110016896 - OWNER: KONDAUR CAPITAL
CORPORATION
• #10 - CASE NO: PU4828-CEEX20110017249 - OWNER: NAPLES PROPERTY SER III LLC
• #11 - CASE NO: C0 12454-CEPM20110015013 - OWNER: GUADALUPE GONZALEZ
AND EVA GONZALEZ
• #14 - CASE NO: CEPM20110012330 - OWNER: JIMBERLY MANJARREZ-KROENUNG
• #15 - CASE NO: CEA20110012605 - OWNER: ANA CASTILLO
• #16 - CASE NO: CESD20110007879 - OWNER: MARIA ALVEAR
2
January 6, 2012
• #17 - CASE NO: CENA20110002458 - OWNER: LYNNE V. CADENHEAD
• #18 - CASE NO: CENA20110002906 - OWNER: LYNNE V. CADENHEAD
• #19 - CASE NO: CEPM20100009680 - OWNER: SHERRY LICHTMAN
• #20 - CASE NO: CESD20110004543 - OWNER: RAMIRO ESQUIVEL AND GUADALUPE
ESQUIVEL
• #21 - CASE NO: CEPM20110014350 - OWNER: HENRY N. BRAGA AND SALLY J.
BRAGA
• #23 - CASE NO: CEV20110012981 - OWNER: CHRISTL WALSH
Under VI.A—Motion for Imposition of Fines, the following case was withdrawn(listed below as
Agenda item numbers):
• #5 - CASE NO: CESD20100020107 - OWNER: O'NEILL PARTNERS LLC
• #7 - CASE NO: CESD20100001516 - OWNER: GERALD DIPASQUALE
• #8 - CASE NO: CEPM20110008150 - OWNER: CLINT TAYLOR
• #12 - CASE NO: CEPM20110008927 - OWNER: HARRY NEVINS AND JACQUELINE
NEVINS
Under VII.A—Old Business, the following case was added
• #2 - CASE NO. CEPM201 1001 1365 - URMAS A. KASK AND ROBERT SCHULTZ
The Special Magistrate approved the Agenda as modified
III. APPROVAL OF MINUTES—December 2,2011
The minutes of the December 2, 2011 Special Magistrate Hearing were reviewed by the Special
Magistrate and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
16. 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
Investigator Botts represented the County stating there is no objection to the request.
The Special Magistrate GRANTED the Respondents request for a Continuation. Said case to
be rescheduled at a later date as necessary.
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 ADDRESS:5991 DOGWOOD WAY,NAPLES
3
January 6, 2012
Investigator Mucha represented the County stating there is no objection to the request.
The Special Magistrate GRANTED the Respondents request for a Continuation. Said case to
be rescheduled at a later date as necessary.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
25. CASE NO: CEPM20110015423
OWNER: VINCENT PRINCIPE JR.
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(b)AND(12)(c). SOFFIT AND FASCIA DAMAGE TO THE MAIN
STRUCTURE.
FOLIO NO: 55551200003
VIOLATION ADDRESS: 30 HAWAII BLVD,NAPLES
Investigator Asaro requested the hearing. He reported the Operational Costs have already been
paid by the Respondent.
The Stipulation was entered into by the Respondent Vincent Principe, Jr. on January 6, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. 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 necessary to repair the soffit and fascia damage to the main
structure by March 6, 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.
2. 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.
22. CASE NO: CEPM20110013209
OWNER: PAULINE E.BURKE
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.
FOLIO NO: 55051480006
VIOLATION ADDRESS:364 SAINT ANDREWS BLVD,NAPLES
Investigator Kincaid requested the hearing.
The Stipulation was entered into by the Respondent Pauline Burke on January 6, 2012.
4
January 6, 2012
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 February 6, 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 January 13, 2012 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 January 13, 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.
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
B. Hearings
1. CASE NO: S0174339-CEEX20110016829
OWNER: BILL H. EVERETT
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION ADDRESS:MARKETPLACE,NAPLES
The Respondent, Bill Everett was present.
Deputy Siegel was not present.
The Respondent requested dismissal of the case as the officer was not in attendance to present
evidence.
The Special Magistrate DISMISSED the case.
4. CASE NO: PRB000312-CEEX20110015933
OWNER: EDWIN GLASBERG
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD. 95-58,SEC. (A)(2)
URINATING IN A PUBLIC PARK
VIOLATION ADDRESS:BAYVIEW PARK,NAPLES
Ranger Gorniak represented the County.
Edwin Glasberg was present.
Mr. Glasberg testified:
• He is 89 years old, deemed a 100 percent Disabled Veteran due to combat injuries inflicted
during World War II, with the injuries severely restricting his mobility
5
January 6, 2012
• On November 14, 2011, he was on fishing excursion with Captain Roan Zumfelde which
returned that evening to the Bayview Park public boat ramp.
• At approximately 10:00 pm the excursion returned to the dock and he needed to utilize the
restroom (the vessel did not have a bathroom).
• He could not navigate the distance required to access the restrooms on site, and in order not
to soil himself, he chose a discrete location to relieve himself.
• He did not see anyone present in the area when the action occurred.
• He understands the regulations, but it was an extenuating circumstance and is appealing the
citation on principle.
Ranger Gorniak testified:
• He was patrolling Bayview Park on November 14, 2011 at approximately 7:35pm when he
observed Mr. Glasberg urinating in the park.
• The restroom was unlocked and in proximity to the location Mr. Glasberg urinated.
• Mr. Glasberg reported to him he thought the restrooms were locked as it was after
sundown.
• He notified Mr. Glasberg of the regulation and the citation was issued at 7:45pm.
Evidence Entered: Composite Exhibit A: 2 photos of the location of the incident dated
November 15, 2011.
Roan Zumfelde, Captain Ron's Charters testified for the Respondent:
• There is no restroom facility available on the charter boat.
• He intends to address the issue and assure there is a mechanism for persons to adequately
relieve themselves in case of an emergency.
The Special Magistrate reviewed the evidence and notified Mr. Glasberg the purpose of the
regulation is to restrict the activity as people may be present in the public park, including
children.
The Special Magistrate found the defendant NOT GUILTY due to an extenuating
circumstance, however issued Mr. Glasberg a verbal warning not to let this type of incident
occur in the future.
12. CASE NO: DAS11099-CEEX20110016948
OWNER: VANESA SALAZAR
OFFICER: CHRIS JOHNSON
VIOLATIONS: CODE OF LAW& ORD.14-34, SEC. A(9)
CARRY ANY ANIMAL OR LEAVE ANY ANIMAL IN VEHICLE
VIOLATION ADDRESS: 16075 CALDERA LANE,NAPLES
Officer Johnson represented the County
Vanesa Salazar was present.
County Evidence entered: Exhibit A—aerial photo of area of incident
Respondent Evidence entered: Exhibit A— letter from representative of Nordstrom's
Department Store.
Ms. Salazar testified:
6
January 6, 2012
• She had two Shih Tzus in the vehicle and was returning from an appointment with
veterinarian.
• She stopped at Costco's at approximately 2:45 pm to buy an item before returning home
and exited the store at approximately 3:05 pm
• She left 3 car windows open approximately 2 inches to ensure proper ventilation in the
vehicle.
• Previously she had been at Nordstroms and the dogs were fed and watered while visiting
their staff.
• The dogs are in excellent condition, and she would never create a situation where the dogs
were treated inhumanely.
• She cited Ordinance 14-34 Section A(9) "It is unlawful for any person to carry any animal
upon or leave any animal in any vehicle in a cruel or inhumane manner, or in any manner
that threatens the health of the animal, such as by overheating, lack of sufficient fresh air,
wholesome food, and/or potable water. "
• In her opinion, the incident did not constitute "leaving animals in a vehicle in a cruel or
inhumane manner. "
Officer Johnson testified:
• On the afternoon of November 19, 2011, a complaint regarding dogs left unattended in a
vehicle was registered by a member of the public.
• He was dispatched to the scene at approximately 2:50 pm.
• He arrived at the scene at 3:08 pm and located the vehicle in question.
• The vehicle was parked in direct sunlight.
• The outside temperature was 85 degrees Fahrenheit; however he could not ascertain the
temperature inside the vehicle.
• There was no potable water available in the vehicle for the dogs.
• Upon releasing the dogs from the vehicle, they were panting and drank approximately half
a bowl of water.
• He reported the Department has a"zero tolerance"policy for the Section of the Ordinance
(14-34 Section A(9)) cited by the Respondent and a citation was issued to Ms. Salazar.
The Special Magistrate found the Respondent GUILTY of the violation and ordered her to pay
a $7.00 Administrative Fee, $50.00 Investigative Cost Fee and a $100.00 Fine.
Total Amount Due: $157.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines
4. CASE NO: CESD20100020705
OWNER: CHERYL LYNN MAIN AND LARRY G.KNAPP
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
ELECTRIC GATE ERECTED WITHOUT COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 39895920104
VIOLATION ADDRESS:2680 OIL WELL ROAD,NAPLES
Larry Knapp was present.
Supervisor Perez presented the case noting the violation has been abated.
Abatement Date: 12/5/11
7
January 6, 2012
Special Magistrate Order: 10/7/11 -No. 4728 - Page: 2007
Fine Amount: $100.00/day
Duration: 11/8/11 — 12/5/11 (28 days)
Total Fine Amount: $2,800.00
Total to Date: $2,800.00
Supervisor Perez recommended the fines be waived as the violation has been abated and the
Operational Costs have been paid.
The Special Magistrate DENIED the County's Motion for the Imposition of Fines.
Recess: 11:27 a.m.
Reconvened: 11:51 a.m.
V. PUBLIC HEARINGS
B. Hearings (Continued)
5. CASE NO: PR047156-CEEX20110016957
OWNER: KENDRA CRAWFORD
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS:VANDERBILT BEACH ROAD,NAPLES
Date of Hearing Notification by Certified Mail: 12/16/11
Ranger Maunz presented the case.
Exhibits Entered: Composite Exhibit A—3 photos dated 11/28/11
The Respondent was not present.
Ranger Maunz testified on November 28, 2011, he issued a citation to a vehicle owned by the
Respondent for parking a vehicle in a space with an expired meter.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered her to pay a $30.00 Fine, $5.00
Adminsitrative Fee and$50.00 in Operational Costs by February 6, 2012.
Total Amount Due: $85.00
9. CASE NO: PU3851-CEEX20110017160
OWNER: DEBORAH HAPSTAK
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW&ORD.2001-73, SEC. 1.4(N)
UNLAWFUL CONNECTION TO COLLIER COUNTY WATER SYSTEM.
FOLIO NO: 54670003069
VIOLATION ADDRESS:382 LEAWOOD CIRCLE,NAPLES
Date of Notice of Hearing by Certified Mail: 12/16/11
Officer Addison presented the case and testified:
• A call was placed on the evening of 12/9/11 regarding suspicious activity at the water meter
box for the premise.
8
January 6, 2012
• On 12/10/11, he responded to the scene and determined the curb stop had been tampered
with and an illegal water connection to the County system had occurred.
• The violation is a 2nd offense, with the first one occurring in May of 2011.
• There are outstanding abatement costs of$233.08 from May of 2011 and $343.49 incurred
for the 12/11/10 incident.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay a Fine in the amount of$250.00
2. Pay an Administration Fee in the amount of$5.00.
3. Pay Investigative Costs in the amount of$50.00.
4. Pay previously assessed abatement costs of$233.08
5. Pay current abatement costs in the amount of$343.49
All costs associated with 1—5 above to be paid by March 6, 2012.
Total Amount Due: $881.57
24. CASE NO: CEPM20110013960
OWNER: AGRON SLOVA AND NEAT KERKUTI
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(i).BROKEN WINDOW ON VACANT FIRST FLOOR UNIT.
FOLIO NO: 35761000000
VIOLATION ADDRESS:4637 1 8TH PLACE SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
Investigator Mucha presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 10/4/11
The violation remains as of January 6, 2012.
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 February 6, 2012.
2. Obtain a valid Collier County Building Permits, all required inspections and a Certificate
of Completion/Occupancy to repair/replace the broken windows to a permitted condition
on or before January 13, 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 or;
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 Sheriff's Office to enforce the terms
of the Stipulation.
9
January 6, 2012
Total Amount Due: $112.20
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines: - (Continued)
1. CASE NO: CESD20110003257
OWNER: HOMESALES INC.
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II,FLORIDA BUILDING CODE, SECTION 22-26(b)(104.5.1.4.4).
AN UNPERMITTED FENCE.
FOLIO NO: 47971040000
VIOLATION ADDRESS: 1074 ILLINOIS DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondent was not present.
Investigator Giannone presented the case noting the violation has not been abated as of January
6, 2012.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 203
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112,56
Total to Date: $3,712.56
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$3,712.56. Said amount to
become a lien on the property with fines continuing to accrue.
2. CASE NO: CEPM20110007297
OWNER: DANA D.LEWIS EST
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 ARTICLE VI,
SECTION 22-231(15). POOL GREEN AND STAGNANT.
FOLIO NO: 60842700304
VIOLATION ADDRESS: 140 NAPA RIDGE WAY,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The respondent was not present.
Supervisor Letourneau presented the case noting the violation has been abated.
Abatement Date: 9/9/11
Special Magistrate Order: 9/2/11 -No. 4718 - Page: 1572
Unpaid Operational Costs: $112.47
Total to Date: $112.47
10
January 6, 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$112.47. Said amount to
become a lien on the property.
3. CASE NO: CEPM20110000313
OWNER: LEONARD SZWAJKOWSKI
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15).UNMAINTAINED SWIMMING POOL CREATING UNHEALTHY
CONDITION.
FOLIO NO: 79904123904
VIOLATION ADDRESS:7574 ROZZINI LANE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11 (Received 12/22/11)
The Respondent was not present.
Investigator Condomina presented the case noting the violation has been abated.
Abatement Date: 10/31/11
Special Magistrate Order: 10/7/11 - No. 4728 - Page: 2033
Fine Amount: $250.00/day
Duration: 10/15/11 — 10/31/11 (17 days)
Total Fine Amount: $4,250.00
Unpaid Operational Costs: $112.38
Total to Date: $4,362.38
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$4,362.38. Said amount to
become a lien on the property.
6. CASE NO: CESD20110010453
OWNER: RAFAEL R.GUTIERREZ AND CANDIDA A.GUTIERREZ
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: 2007 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 110.4. PERMIT 2001122047 FOR
WOODEN FENCE WAS OBTAINED BUT NEVER RECEIVED CERTIFICATE OF
COMPLETION.
FOLIO NO: 36385200007
VIOLATION ADDRESS:2497 55TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 193
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.47
Total to Date: $3,712.47
II
January 6, 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$3,712.47. Said amount to
become a lien on the property with fines continuing to accrue.
9. CASE NO: CESD20110006565
OWNER: MICHAEL MOTTO
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(a). POOL PERMIT THAT DID NOT RECEIVE ALL INSPECTIONS AND
CERTIFICATE OF OCCUPANCY/COMPLETION.
FOLIO NO: 35641080001
VIOLATION ADDRESS:4160 23RD PLACE SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondent was not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 201
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.29
Total to Date: $3,712.29
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,712.29. Said amount to
become a lien on the property with fines continuing to accrue.
10. CASE NO: CEPM20110009473
OWNER: WILLIAM L. RAINES
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(12)(i). SEVERAL BROKEN WINDOWS THAT NEED TO BE REPAIRED OR
REPLACED.
FOLIO NO: 61844400009
VIOLATION ADDRESS:3816 ESTEY AVENUE,NAPLES
Investigator Botts presented the case and notified the Special Magistrate the violation had been
abated as of January 6, 2012. She reported the Operational Costs have been paid and
recommended the fine be waived.
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
11. CASE NO: CELU20110009990
OWNER: BANK OF NEW YORK MELLON
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION
2.02.03. DUMPING TWO MOUNDS OF DIRT IN THE REAR YARD OF THE PROPERTY.
FOLIO NO: 36114400007
VIOLATION ADDRESS:2117 SUNSHINE BLVD.UNIT B,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
12
January 6, 2012
Date of Hearing Notice Property/Courthouse Posting: 12/20/11
The Respondent was not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 - No. 4737 - Page: 187
Fine Amount: $250.00/day
Duration: 11/16/11 — 1/6/12 (52 days)
Total Fine Amount: $13,000.00
Unpaid Operational Costs: $112.38
Unpaid Civil Fine: $500.00
Total to Date: $13,612.38
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$13,612.38. Said amount
to become a lien on the property with fines continuing to accrue.
13. CASE NO: CEAU20110011539
OWNER: NORA HERNANDEZ AND MARGARITO HERNANDEZ-BENITEZ
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: FLORIDA BUILDING CODE 2007 EDITION,CHAPTER 1 SECTION 105.1,COLLIER
COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED SECTION 5.03.02(A).
FENCE PERMIT 200071817 WAS OBTAINED BUT NEVER RECEIVED CERTIFICATE OF
COMPLETION. FENCE IS ALSO DAMAGED AND NEEDS TO BE REPAIRED.
FOLIO NO: 36230160001
VIOLATION ADDRESS: 5195 17TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 300
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.73
Total to Date: $3,712.73
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$3,712.73. Said amount to
become a lien on the property with fines continuing to accrue.
14. CASE NO: CESD20110001342
OWNER: KHADIM HUSSAIN
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 AND WOODEN FENCE ON THE PROPERTY WITHOUT PROPER
COLLIER COUNTY PERMITS.
FOLIO NO: 39952880006
VIOLATION ADDRESS:3265 35TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
13
January 6, 2012
Date of Hearing Notice Property/Courthouse Posting: 12/19/11
The Respondent was not present.
Investigator Potter presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 211
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.47
Total to Date: $3,712.47
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 3,712.47. Said amount to
become a lien on the property with fines continuing to accrue.
15. CASE NO: CEAU20110008567
OWNER: WACHOVIA MORTGAGE CORPORATION
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
FENCE WITH NO PERMIT.
FOLIO NO: 37981200002
VIOLATION ADDRESS: 3332 WHITE BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11 (Received 12/28/11)
The Respondent was not present.
Investigator Condomina presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 305
Fine Amount: $250.00/day
Duration: 11/16/11 — 1/6/12 (52 days)
Total Fine Amount: $13,000.00
Unpaid Operational Costs: $112.47
Total to Date: $13,112.47
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$13,112.47. Said amount
to become a lien on the property with fines continuing to accrue.
17. CASE NO: CESD20I10010878
OWNER: THOMAS O'LEARY AND JUDY M.O'LEARY
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 WITH NO COLLIER COUNTY BUILDING
PERMIT.
FOLIO NO: 37802200000
VIOLATION ADDRESS:930 18TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/19/11
The Respondents were not present.
Investigator Potter presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 - No. 4737 - Page: 191
14
January 6, 2012
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.29
Total to Date: $3,712.29
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,712.29. Said amount to
become a lien on the property with fines continuing to accrue.
18. CASE NO: CEPM20110001534
OWNER: FERNANDO L.VALERO AND JESSICA VALERO
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDING AND
BUILDING REGULATIONS,ARTICLE VI, SECTION 22-243. REAR SLIDING DOORS
AND WINDOWS NEXT TO FRONT DOOR ARE MISSING.
FOLIO NO: 38509720002
VIOLATION ADDRESS: 14231 IMMOKALEE ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondents were not present.
Investigator Short presented the case noting the violation has not been abated, the premises was
"boarded" by the County.
Special Magistrate Order: 6/3/11 -No. 4694 - Page: 404
Fine Amount: $250.00/day
Duration: 6/11/11 — 1/6/12 (210days)
Total Fine Amount: $52,500.00
Unpaid Abatement Costs for Boarding: $1,100.00
Unpaid Operational Costs: $112.20
Total to Date: $53,712.20
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$53,712.20. Said amount
to become a lien on the property with fines continuing to accrue.
19. CASE NO: CEAU20110011121
OWNER: IRENE VILAR
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1 .
FENCE AND GATE ON THE PROPERTY,NO COLLIER COUNTY PERMIT OBTAINED.
FOLIO NO: 39713120002
VIOLATION ADDRESS:4185 43RD AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/19/11
The Respondent was not present.
Investigator Potter presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 298
Fine Amount: $100.00/day
15
January 6, 2012
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.29
Total to Date: $3,712.29
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,712.29. Said amount to
become a lien on the property with fines continuing to accrue.
20. CASE NO: CESD20110001314
OWNER: JORGE HERNANDEZ
OFFICER: INVESTIGATOR CHRIS AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(a). THREE UNPERMITTED SHED-TYPE STRUCTURES IN THE REAR
YARD WITH NO COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 36860200001
VIOLATION ADDRESS: 185 31ST STREET NW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondent was not present.
Investigator Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 199
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.29
Total to Date: $3,712.29
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,712.29. Said amount to
become a lien on the property with fines continuing to accrue.
21. CASE NO: CEAU20100018853
OWNER: SMITH FRANCOIS AND GUETTIE FRANCOIS
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1.
FENCE PERMIT 2006042557 EXPIRED ON OCTOBER 15,2006.NO CERTIFICATE OF
COMPLETION ISSUED.
FOLIO NO: 40301600004
VIOLATION ADDRESS:2930 22ND AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/19/11
The Respondents were not present.
Investigator Potter presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 293
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.20
16
January 6, 2012
Total to Date: $3,712.20
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$3,712.20. Said amount to
become a lien on the property with fines continuing to accrue.
22. CASE NO: CESD20110008186
OWNER: DAVID R. SHELDON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED CONSTRUCTED IN REAR YARD WITHOUT OBTAINING VALID
COLLIER COUNTY PERMITS.
FOLIO NO: 38280160004
VIOLATION ADDRESS:655 LOGAN BLVD S,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/19/11
The Respondent was not present.
Supervisor Letourneau presented the case noting the violation has not been abated.
Special Magistrate Order: 11/1/11 -No. 4737 - Page: 195
Fine Amount: $100.00/day
Duration: 12/2/11 — 1/6/12 (36 days)
Total Fine Amount: $3,600.00
Unpaid Operational Costs: $112.20
Total to Date: $3,712.20
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$3,712.20. Said amount to
become a lien on the property with fines continuing to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
I. CASE NO: CEPM20090008057
OWNER: GUADALUPE PERALEZ
OFFICER: INVESTIGATOR RENALD PAUL
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(i),(12)(k),(12)(c),AND(19).
FASCIA DAMAGED, ROOF TILES MISSING, BROKEN DOOR WITH NO LOCK,BEE
INFESTATION.
FOLIO NO: 36315120005
VIOLATION ADDRESS:5084 23RD COURT SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/11
Date of Hearing Notice Property/Courthouse Posting: 12/16/11
The Respondent was not present.
Supervisor Baker reported reported the request is to amend the original Order to include the
Abatement Costs.
Fine Amount: $250.00/day
Duration: 8/15/09 — 1/6/12 (874 days)
Total Fine Amount: $218,500.00
17
January 6, 2012
Unpaid Abatement Costs: $1,350.00
Unpaid Operational Costs: $118.40
Total to Date: $219,968.40
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Amending a Previoulsy Issued Order for a total amount due of
$219,968.40. Said amount to become a lien on the property with fines continuing to accrue.
2. 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
VIOLATIONADDRESS: 121 DORAL CIRCLE,NAPLES
Investigator Botts reported the request was to clarify the order to add a requirement for removal of
weeds and mold inside the pool cage.
The Special Magistrate GRANTED the County's Request.
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: February 3, 2012 at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 1:00 PM.
18
January 6, 2012
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
nda Garre pecial Magistrate
The Minutes we e approved by the Special Magistrate on cflJa4A1( 51 d oca ,
as presented V , or as amended
19