CESM Minutes 03/02/2012March 2, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 2, 2012
APR 1 3 201
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 v
Hiller
Henning ---
Coyle
Coletta .7L
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
Misc. Coins:
Date: 5 t �L'L\1'L
Item #: Z _W7.11
Copies to:
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: March 2, 2012 at 9:00 A.M.
LOCATION: Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES — February 3, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
1
A. Stipulations
B. Hearings
1. CASE NO: S0163903- CEEX20120001963
OWNER: DAFINKA KYUTURCHIEVA
OFFICER: DEPUTY J. SPARTZ
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, PARKED WITHIN COUNTY RIGHT OF WAY.
VIOLATION
ADDRESS: MARLIN DRIVE AT SANDPIPER STREET, NAPLES
2. CASE NO: S0174141- CEEX20120000575
OWNER: SANDRA L. DADUS
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, BLOCKING ACCESS.
VIOLATION
ADDRESS: NCH NORTH, NAPLES
3. CASE NO: S0141222- CEEX20110016765
OWNER: DAVID A. COURY
OFFICER: DEPUTY STEED
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 2335 ORANGE BLOSSOM DRIVE, NAPLES
4. CASE NO: S0176006- CEEX20120000032
OWNER: LORRAINE WOODHOUSE
OFFICER: DEPUTY KLINKMANN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, DRIVER HAD NO PERMIT
VIOLATION
ADDRESS: BERKSHIRE COMMONS WALGREENS, NAPLES
2
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
S0168006- CEEX20120000559
VERONICA C. MORENO
DEPUTY BILLIG
CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA
5080 SYCAMORE, NAPLES
6. CASE NO: S0172054- CEEX20120000908
OWNER: JUDITH E. MACPHEE
OFFICER: DEPUTY NOTTLE
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: VANDERBILT BEACH TURNAROUND, NAPLES
7. CASE NO: S0176039- CEEX20120001387
OWNER: GEORGE A. AVERY
OFFICER: DEPUTY KLINKMANN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, DRIVER HAD NO PERMIT
VIOLATION
ADDRESS: BERKSHIRE COMMONS BANK OF AMERICA, NAPLES
8. CASE NO: PR047046- CEEX20110016174
OWNER: ASKOLD D. MOSIJCZUK
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: CONNER PARK, NAPLES
9. CASE NO: DAS12251- CEEX20120000664
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
10. CASE NO: DAS12252- CEEX20120000668
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
11. CASE NO: DAS12253- CEEX20120000670
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
12. CASE NO: DAS12254- CEEX20120000674
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
13. CASE NO: DAS12255- CEEX20120000676
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
14. CASE NO: DAS12256- CEEX20120000682
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
15. CASE NO: DAS12257- CEEX20120000686
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
16. CASE NO: DAS12258- CEEX20120000690
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
4
17. CASE NO: DAS12259- CEEX20120000749
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
18. CASE NO: DAS12260- CEEX20120000752
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
19. CASE NO: DAS12261- CEEX20120000753
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
20. CASE NO: DAS12262- CEEX20120000754
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
21. CASE NO: DAS12263- CEEX20120000757
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
22. CASE NO: DAS12264- CEEX20120000758
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
23. CASE NO: DAS12265- CEEX20120000759
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION
ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
24. CASE NO:
CEEX20120002107
OWNER:
PINEGATE 135 LLC
OFFICER:
FIRE INSPECTOR BARBARA SIBLEY
VIOLATIONS:
FLORIDA FIRE PREVENTION CODE, NFPA 1, CHAPTER 1.12.20, NFPA 72, CHAPTER
4.3.1. OWNER DID NOT OBTAIN THE REQUIRED PERMIT FOR CHANGES MADE TO
THE MONITORING OF THE FIRE ALARM SYSTEM, FIRE ALARM COMPONENTS ARE
NOT INSTALLED PER THE MANUFACTURER'S INSTALLATION INSTRUCTIONS.
FOLIO NO:
37930510002
VIOLATION
ADDRESS:
4075 PINE RIDGE RD, NAPLES
25. CASE NO: CEEX20120002109
OWNER: WHISTLER'S GREEN LTD
OFFICER: FIRE INSPECTOR BARBARA SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 63.3.1.4.1, NFPA 1, CHAPTER
14.4.1, NFPA 1, CHAPTER 11.1.7.2, NFPA 1, CHAPTER 13.6.1.2, NFPA 1, CHAPTER
14.12.1.2, NFPA 1, CHAPTER 14.14.5.1, NFPA 72, CHAPTER 10.2.1.2, NFPA 25, CHAPTER
4.6, NFPA 25, CHAPTER 5.2.1.1.2, NFPA 25, CHAPTER 12.3.1.2, FLORIDA STATUTES 633,
69A- 60.008, NFPA 25, 5.2.7, NFPA 1, CHAPTER 13.1.4, NFPA 1, CHAPTER 13.6.3.5, NFPA
25, CHAPTER 4.6, NFPA 1, CHAPTER 11.1.2, NFPA 25, CHAPTER 4.6, NFPA 25, CHAPTER
12.7.1 COMPRESSED GAS CYLINDERS NOT SECURE, EXIT ACCESS NOT
MAINTAINED, ELECTRICAL PANEL OBSTRUCTED, FIRE EXTINGUISHERS MISSING
FROM LOCATION, EMERGENCY LIGHTS NOT WORKING, EXIT SIGNAGE NOT
WORKING IN BOTH NORMAL AND BACK -UP MODE, SUPERVISORY ALARM
SHOWING ON FIRE ALARM PANEL, TAMPER SWITCH NOT REPORTING TO FIRE
ALARM PANEL, SPRINKLER HEADS HAVE BEEN PAINTED, CONTROL VALVES NOT
CHAINED AND LOCKED, LIGHT - WEIGHT TRUSS SIGNAGE MISSING FROM
BUILDINGS, HYDRAULIC NAME PLATES NOT LEGIBLE, SPRINKLER RISER ACCESS
OBSTRUCTED, HAMMER MISSING ON FIRE EXTINGUISHER CABINET, DEFICIENCIES
WITH BACKFLOW PREVENTER NOT CORRECTED, EXPOSED ELECTRICAL WIRES AT
BACKFLOW PREVENTER, DEFICIENCIES WITH TAMPER SWITCH NOT CORRECTED,
SWIVEL ON FIRE DEPARTMENT CONNECTION NOT WORKING.
FOLIO NO: 36180040006
VIOLATION
ADDRESS: 5515 16TH PLACE SW, NAPLES
26. CASE NO: CEAU20110015117
OWNER: ALEXANDER J. PUMARADA
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1.
UNPERMITTED WOODEN FENCE.
FOLIO NO: 35991240009
VIOLATION
ADDRESS: 273147 TH STREET SW, NAPLES
6
27. CASE NO:
CEPM20110002202
OWNER:
JP MORGAN CHASE BANK
OFFICER:
INVESTIGATOR JOE MUCHA
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -231, SUBSECTIONS 12b, 12c, 12i, 12n, 12p, 19, AND 20. VACANT DUPLEX
WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
FOLIO NO:
77310400006
VIOLATION
ADDRESS:
240 BENSON STREET, NAPLES
28. CASE NO: CEPM20110014961
OWNER: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005 -16 TRUST FUND
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22 -228, SECTION 22- 231(12) (c). CEILING IN LANAI/POOL AREA IS
COLLAPSING DUE TO LACK OF MAINTENANCE. APPARENT ROOF DAMAGE AND
LACK OF MAINTENANCE.
FOLIO NO: 27632440008
VIOLATION
ADDRESS: 378 EGRET AVENUE, NAPLES
29. CASE NO: CEPM20110016069
OWNER: ERASMO ARMONDO ARAGON
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22- 231(12)(1) AND 22 -243. BROKEN WINDOW AND SEVERAL DOORS AND
WINDOWS UNSECURED.
FOLIO NO: 36435880005
VIOLATION
ADDRESS: 523532 ND AVENUE SW, NAPLES
30. CASE NO: CEPM20110013128
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(19). RECURRING VIOLATION OF AN OCCUPIED RENTAL UNIT WITH
BED BUG INFESTATION.
FOLIO NO: 00296840003
VIOLATION
ADDRESS: 8635 BAROT DRIVE, UNIT 102, NAPLES
31. CASE NO: CEPM20110016560
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(19). OCCUPIED RENTAL UNIT WITH MOLD ALL OVER THE WALLS
AND CEILING.
FOLIO NO: 00296840003
VIOLATION
ADDRESS: 8664 DILIP LANE UNIT 205, NAPLES
7
32. CASE NO: CEPM20110001894
OWNER: ROBERTO MENA AND ALMA C. SALCEDO
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY ORDINANCE 2004 -58, SECTION 12. A SINGLE FAMILY HOME WITH
SEVERE FIRE DAMAGE.
FOLIO NO: 39772880008
VIOLATION
ADDRESS: 32754 IlT AVENUE NE, NAPLES
33. CASE NO: CEPM20110009246
OWNER: ONE -O -SEVEN LLC
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PART I CODE, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE
CODE, SECTION 22 -228 AS AMENDED, CHAPTER 110 -46 DIVISION 2, COLLIER
COUNTY SWALE /CULVERT CONVERSION - NAPLES PARK, THE GRATE FOR
CULVERT AREA IS MISSING/NOT MAINTAINED IN THE RIGHT OF WAY.
FOLIO NO: 62577560008
VIOLATION
ADDRESS: 650 107TH AVENUE N, NAPLES
34. CASE NO: CEROW20110014695
OWNER: LUIS VALDES AND TANIA M. PERERA
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND
BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY,
SECTION 110- 31(a). OAK TREE IN COUNTY RIGHT OF WAY.
FOLIO NO: 38900840002
VIOLATION
ADDRESS: 6580 40TH STREET NE, NAPLES
35. CASE NO: CEV20110010147
OWNER: DEBBIE WEBER TR
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130-
97(4). A LINCOLN LIMOUSINE EXCEEDING THE LENGTH REQUIREMENTS FOR
RESIDENTIAL PARKING.
FOLIO NO: 81522440002
VIOLATION
ADDRESS: 4884 NAPOLI DRIVE, NAPLES
36. CASE NO: CENA20120000461
OWNER: SHERI L. GAUTHIER
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS OVER 18 INCHES IN HEIGHT.
FOLIO NO: 36002880001
VIOLATION
ADDRESS: 4500 30TH AVENUE SW, NAPLES
37. CASE NO: CEPM20110016125
OWNER: JOHN W. RODGERS JR
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(11) AND (12)(i) . MAIN STRUCTURE WITH A BROKEN FRONT
WINDOW, GARAGE DOOR, AND A COVER REMOVED FROM AN OUTSIDE
ELECTRICAL BOX.
FOLIO NO: 427480009
VIOLATION
ADDRESS: 5580 CYNTHIA LANE, NAPLES
38. CASE NO: CENA20110016546
OWNER: JOHN W. RODGERS JR
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER AND DEBRIS CONSISTING OF VEGETATION, METAL, PLASTIC,
CARDBOARD, CARPETING, ETC., LOCATED IN THE REAR PROPERTY AREA.
FOLIO NO: 427480009
VIOLATION
ADDRESS: 5580 CYNTHIA LANE, NAPLES
Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20100009616
OWNER: JEAN CLAUDE MARTEL
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54 -181 AND
54 -179. REPEAT VIOLATION OF LITTER/DERELICT ITEMS CONSISTING OF BUT NOT
LIMITED TO: CHEMICAL JUGS, PAINT CANS, WOOD, BROKEN FURNITURE,
PLASTICS, METALS, CLOTH MATERIAL, AND OTHER MISC. ITEMS SCATTERED
THROUGHOUT THE FRONT YARD.
FOLIO NO: 61839320000
VIOLATION
ADDRESS: 3190 KAREN DRIVE, NAPLES
2. CASE NO: CEPM20110010215
OWNER: NEIL FORNEY
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). POOL IS GREEN, STAGNANT, AND NOT PROPERLY
MAINTAINED.
FOLIO NO: 29268001563
VIOLATION
ADDRESS: 5573 COVE CIRCLE, NAPLES
3. CASE NO: CEPM20100007769
OWNER: 223 BON LLC
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 22- 322(a), SEAWALL
IN NEED OF REPAIR.
FOLIO NO: 55850840009
VIOLATION
ADDRESS: 223 1ST STREET, BONITA SPRINGS
4. 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
5. CASE NO: CEPM20110007564
OWNER: ELI WALLEN AND DANNIE DEVOL
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 62766360006
VIOLATION
ADDRESS: 70794 TH AVENUE N, NAPLES
6. CASE NO: CEPM20110011422
OWNER: JAMES L. DUNKELBERGER
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). POOL THAT IS GREEN, STAGNANT, AND NOT PROPERLY
MAINTAINED.
FOLIO NO: 64625005565
VIOLATION
ADDRESS: 2968 LONE PINE LANE, NAPLES
7. 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
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
10
VII.
8. 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
9. CASE NO: CESD20100005619
OWNER: ROY E. COMPTON
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT A COLLIER COUNTY BUILDING
PERMIT.
FOLIO NO: 40182480003
VIOLATION
ADDRESS: 36903 IST AVENUE NE, NAPLES
OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20090015884
OWNER: GEORGE LAMBERT
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE II FLORIDA BUILDING CODE, SECTION 22-
26(103.11.2). PRIVATE SWIMMING POOL WITHOUT SAFETY FENCE OR ENCLOSURE.
FOLIO NO: 37987440002
VIOLATION
ADDRESS: 3580 WHITE BLVD, NAPLES
B. Motion to Rescind Previously Issued Order:
C. Motion to Contest Nuisance Abatement Lien:
1. CASE NO: CENA20110004596
OWNER: MICHAEL KHAN
OFFICER: INVESTIGATOR PATRICK BALDWIN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIRONMENT, ARTICLE VI,
WEEDS, LITTER, AND EXOTICS, SECTION 54 -181. UNAUTHORIZED ACCUMULATION
OF LITTER.
FOLIO NO: 41340120007
VIOLATION
ADDRESS: FOLIO 41340120007, NAPLES
11
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted
Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: April 6, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
XI. ADJOURN
12
March 2, 2012
Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. Neither Collier County nor the Special Magistrate shall be responsible for providing this
record.
I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM.
All those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior
to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance
without being punitive.
Recessed: 9 :12am
Reconvened: 9: 32am
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as
Agenda item numbers):
Under IV.0 — Motion for Extension of Time, the following case was added:
• 1 - CASE NO. CEPM20110012228 - MICHAEL MIR
Under item V. B — Hearings, the following cases were moved to V. A — Stipulations:
• 30 - CASE NO: CEPM20110013128 - CREATIVE CHOICE HOMESXIV LTD
• 31 - CASE NO: CEPM20110016560 - CREATIVE CHOICE HOMESXIV LTD
•
25- CASE NO: CEEX20120002109 - WHISTLER'S GREEN LTD
• 24 - CASE NO: CEEX20120002107 - PINEGATE 135 LLC
• 9 - CASE NO: DAS12251- CEEX20120000664 - SHIRLEY BOLING
• 11- CASE NO: DAS12253- CEEX20120000670 - SHIRLEY BOLING
• 12 - CASE NO: DAS12254- CEEX20120000674 - SHIRLEY BOLING
• 13 - CASE NO: DAS12255- CEEX20120000676 -SHIRLEY BOLING
• 14 - CASE NO: DAS12256- CEE-X20120000682 - SHIRLEY BOLING
• 15 - CASE NO: DAS12257- CEEX20120000686 -SHIRLEY BOLING
• 16 - CASE NO: DAS12258- CEEX20120000690 - SHIRLEY BOLING
• 17 - CASE NO: DAS12259- CEEX20120000749 - SHIRLEY BOLING
• 19 - CASE NO: DAS12261- CEEX20120000753 - SHIRLEY BOLING
• 20 - CASE NO: DAS12262- CEEX20120000754 - SHIRLEY BOLING
• 21 - CASE NO: DAS12263- CEEX20120000757 - SHIRLEY BOLING
• 22 - CASE NO: DAS12264- CEEX20120000758 - SHIRLEY BOLING
• 23 - CASE NO: DAS12265- CEEX20120000759 - SHIRLEY BOLING
2
March 2, 2012
Under item V. B —
Hearings, the following cases were withdrawn (listed below as Agenda
numbers):
•
1 -CASE NO:
50163903- CEEX20120001963 - DAFINKA KYUTURCHIEVA
•
2 - CASE NO:
S0174141- CEEX20120000575 - SANDRA L. DADUS
•
4 - CASE NO:
50176006- CEEX20120000032 - LORRAINE WOODHOUSE
•
6 - CASE NO:
50172054- CEEX20120000908 - JUDITH E. MACPHEE
•
7 - CASE NO:
50176039- CEEX20120001387 -GEORGE A. AVERY
•
10- CASE NO: DAS12252- CEEX20120000668 - SHIRLEY BOLING
•
18 - CASE NO:
DAS12260- CEEX20120000752 - SHIRLEY BOLING
•
26 - CASE NO
CEAU20110015117 - ALEXANDER J PUNIARADA
•
32 - CASE NO:
CEPM20110001894 - ROBERTO MENA AND ALMA C. SALCEDO
•
33 - CASE NO:
CEPM20110009246 - ONE -O -SEVEN LLC
•
34 - CASE NO:
CEROW20110014695 - LUIS VALDES AND TANIA M. PERERA
•
35 - CASE NO: CEV20110010147 - DEBBIE WEBER TR
•
38 - CASE NO:
CENA20110016546 - JOHN W. RODGERS JR
Under item VII. C — Motion to Contest Nuisance Abatement Lien, the following case was
withdrawn:
• I - CASE NO: - CENA20110004596 - MICHAEL KHAN
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES — February 3, 2012
The minutes of the February 3, 2012 Special Magistrate Hearing were reviewed by the Special
Magistrate and approved as submitted
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
1. CASE NO: CEPM20110012228
OWNER: MICHAEL M. MIR
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228 AND
CHAPTER 110 -46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON THE
PROPERTY.
FOLIO NO: 62777000009
VIOLATION ADDRESS: 802 99TH AVENUE N, NAPLES
Michael Mir was not present but submitted a written request for an Extension of Time.
Investigator Ford represented the County stating he had no objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of Time
and continued the case for 45 days.
3
March 2, 2012
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20100009616
OWNER: JEAN CLAUDE MARTEL
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-
181 AND 54 -179. REPEAT VIOLATION OF LITTER/DERELICT ITEMS
CONSISTING OF BUT NOT LIMITED TO: CHEMICAL JUGS, PAINT CANS,
WOOD, BROKEN FURNITURE, PLASTICS, METALS, CLOTH MATERIAL, AND
OTHER MISC. ITEMS SCATTERED THROUGHOUT THE FRONT YARD.
FOLIO NO: 61839320000
VIOLATION ADDRESS: 3190 KAREN DRIVE, NAPLES
Jean Claude Martel was present.
Bill Michalsky, a friend of Mr. Martel was also present.
Investigator Botts presented the case noting the violation has not been abated.
Special Magistrate Order: 12/3/10 - No. 4637 - Page: 672
Fine Amount: $200.00 /day
Duration: 12/11/10 — 3/2/12 (447 days)
Total Fine Amount: $89,400.00
Unpaid Operational Costs: $112.20
Total to Date: $89,512.20
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED
the County's Motion for Imposition of Fines for a total amount due of $89,512.20.
Said amount to become a lien on the property with fines continuing to accrue.
Ms. Baker, Code Enforcement Supervisor reported if the violation is abated, Staff will
petition the Board of County Commissioners for the fines to be waived.
V. PUBLIC HEARINGS
A. Stipulations
* * Case numbers 9, 11 —17, 19 — 23 were combined into 1 stipulation
9. CASE NO: DAS12251- CEEX20120000664
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
IL CASE NO: DAS12253- CEEX20120000670
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
12. CASE NO: DAS12254- CEEX20120000674
March 2, 2012
OWNER:
SHIRLEY SOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
13.
CASE NO:
DAS12255- CEEX20120000676
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
14.
CASE NO:
DAS12256- CEEX20120000682
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. A (1)
OWNER SHALL OBTAIN A COUNTY LICENSE
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
15.
CASE NO:
DAS12257- CEEX20120000686
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS:
2695 FRANCIS AVE UNIT C, NAPLES
16.
CASE NO:
DAS12258- CEEX20120000690
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
17.
CASE NO:
DAS12259- CEEX20120000749
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
19.
CASE NO:
DAS12261- CEEX20120000753
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
20.
CASE NO:
DAS12262- CEEX20120000754
OWNER:
SHIRLEY BOLING
OFFICER:
C. JOHNSON
VIOLATIONS:
CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
21.
CASE NO:
DAS12263- CEEX20120000757
March 2, 2012
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
22. CASE NO: DAS12264- CEEX20120000758
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
23. CASE NO: DAS12265- CEEX20120000759
OWNER: SHIRLEY BOLING
OFFICER: C. JOHNSON
VIOLATIONS: CODE OF LAW & ORD. 14 -32, SEC. B
OWNER SHALL VACCINATE FOR RABIES
VIOLATION ADDRESS: 2695 FRANCIS AVE UNIT C, NAPLES
Animal Control Supervisor Dana Alger requested the hearing.
The Stipulation was entered into by the Respondent Shirley Boling on March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $55.00 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by obtaining vaccinations at the March 10, 2012 low cost
vaccination clinic. The following animals will be vaccinated and licensed by
March 11, 2012: Buster (vaccination only), Sheeba, Jackson, Litlin Ashley Blue,
Close and CJ (license and vaccination).
3. Notify Domestic Animal Services within 24 hours of abatement of the violation and
request the Officer confirms compliance. 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: $55.00
30. CASE NO: CEPM20110013128
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22- 231(19). RECURRING VIOLATION OF AN OCCUPIED
RENTAL UNIT WITH BED BUG INFESTATION.
FOLIO NO: 00296840003
VIOLATION ADDRESS: 8635 BAROT DRIVE, UNIT 102, NAPLES
March 2, 2012
Investigator Mucha requested the hearing.
The Stipulation was entered into by the Respondent's representative Danielle Delgado on
March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.56 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by removing bed bug infestation from the rental unit and
providing documentation from licensed pest - control company. The bed bug
infestation must be removed by June 2, 2012 or pay a fine of $250.00 for each day
the violation remains.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance. 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: $112.56
31. CASE NO: CEPM20110016560
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE Vl, SECTION 22- 231(19). OCCUPIED RENTAL UNIT WITH MOLD ALL
OVER THE WALLS AND CEILING.
FOLIO NO: 00296840003
VIOLATION ADDRESS: 8664 DILIP LANE UNIT 205, NAPLES
Investigator Mucha requested the hearing.
The Stipulation was entered into by the Respondent's representative Danielle Delgado on
March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.64 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by hiring a licensed mold specialist to remediate mold from the
unit by April 2, 2012 or pay a fine of $250.00 for each day the violation remains.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to
March 2, 2012
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: $112.64
25. CASE NO: CEEX20120002109
OWNER: WHISTLER'S GREEN LTD
OFFICER: FIRE INSPECTOR BARBARA SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 63.3.1.4.1, NFPA 1,
CHAPTER 14.4.1, NFPA 1, CHAPTER 11.1.7.2, NFPA 1, CHAPTER 13.6.1.2, NFPA
1, CHAPTER 14.12.1.2, NFPA 1, CHAPTER 14.14.5.1, NFPA 72, CHAPTER 10.2.1.2,
NFPA 25, CHAPTER 4.6, NFPA 25, CHAPTER 5.2.1.1.2, NFPA 25, CHAPTER
12.3.1.2, FLORIDA STATUTES 633, 69A- 60.008, NFPA 25, 5.2.7, NFPA 1,
CHAPTER 13.1.4, NFPA 1, CHAPTER 13.6.3.5, NFPA 25, CHAPTER 4.6, NFPA 1,
CHAPTER 11.1.2, NFPA 25, CHAPTER 4.6, NFPA 25, CHAPTER 12.7.1
COMPRESSED GAS CYLINDERS NOT SECURE, EXIT ACCESS NOT
MAINTAINED, ELECTRICAL PANEL OBSTRUCTED, FIRE EXTINGUISHERS
MISSING FROM LOCATION, EMERGENCY LIGHTS NOT WORKING, EXIT
SIGNAGE NOT WORKING IN BOTH NORMAL AND BACK -UP MODE,
SUPERVISORY ALARM SHOWING ON FIRE ALARM PANEL, TAMPER SWITCH
NOT REPORTING TO FIRE ALARM PANEL, SPRINKLER HEADS HAVE BEEN
PAINTED, CONTROL VALVES NOT CHAINED AND LOCKED, LIGHT - WEIGHT
TRUSS SIGNAGE MISSING FROM BUILDINGS, HYDRAULIC NAME PLATES
NOT LEGIBLE, SPRINKLER RISER ACCESS OBSTRUCTED, HAMMER MISSING
ON FIRE EXTINGUISHER CABINET, DEFICIENCIES WITH BACKFLOW
PREVENTER NOT CORRECTED, EXPOSED ELECTRICAL WIRES AT
BACKFLOW PREVENTER, DEFICIENCIES WITH TAMPER SWITCH NOT
CORRECTED, SWIVEL ON FIRE DEPARTMENT CONNECTION NOT WORKING.
FOLIO NO: 36180040006
VIOLATION ADDRESS: 5515 16TH PLACE SW, NAPLES
Inspector Sibley requested the hearing.
The Stipulation was entered into by the Respondent's representative Denise Lao on
March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.20 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by correcting all fire code violations listed on the Fire
Inspection Report by April 2, 2012 or pay a fine of $500.00 for each day the
violation remains.
3. Pay fines totaling $1,200.00 for re- inspection fees per Golden Gate Fire Control
and Rescue District Resolution #10 -04.
4. Notify the Fire Department within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance. Notice
shall be by phone and made during the work week. If the violation is abated 24
March 2, 2012
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: $1,312.20
24. CASE NO: CEEX20120002107
OWNER: PINEGATE 135 LLC
OFFICER: FIRE INSPECTOR BARBARA SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE, NFPA 1, CHAPTER 1.12.20, NFPA 72,
CHAPTER 4.3.1. OWNER DID NOT OBTAIN THE REQUIRED PERMIT FOR
CHANGES MADE TO THE MONITORING OF THE FIRE ALARM SYSTEM, FIRE
ALARM COMPONENTS ARE NOT INSTALLED PER THE MANUFACTURER'S
INSTALLATION INSTRUCTIONS.
FOLIO NO: 37930510002
VIOLATION ADDRESS: 4075 PINE RIDGE RD, NAPLES
Inspector Sibley requested the hearing.
The Stipulation was entered into by the Respondent's representative James Walker on
March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.03 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by obtaining the proper permit for the change in monitoring of
the fire alarm system, requesting all required inspections upon issuance of the
permit, and properly installing the surge suppressors in the fire alarm panel by
April 2, 2012 or pay a fine of $250.00 for each day the violation remains.
3. Pay re- inspection fees totaling $450.00 per Golden Gate Fire Control and Rescue
District Resolution #10 -04 by April 2, 2012.
4. Notify the Golden Gate Fire Department within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm
compliance. 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
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.
B. Hearings
3. CASE NO: S0141222- CEEX20110016765
March 2, 2012
OWNER: DAVID A. COURY
OFFICER: DEPUTY STEED
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION ADDRESS: 2335 ORANGE BLOSSOM DRIVE, NAPLES
David Coury was present
Deputy Steed represented the County.
Evidence Entered: Composite Exhibit A: 2 photos
Deputy Steed testified:
• On November 28, 2011, at Government Center on Orange Blossom Drive he was
on scene and observed a driver occupied vehicle parked in the aisle of the parking
lot
• It was parked obstructing a vacant handicapped, and an occupied regular parking
space.
• He entered the building, then exited the building a short time later to go out on
patrol and observed the vehicle pull into a vacant parking space adjacent to another
handicap parking space, however straddling the handicap parking space with his
vehicle.
• He pulled behind the Respondent's parked vehicle in his squad car approximately
2 minutes later and observed half of the vehicle still straddling the handicapped
parking space.
• A citation was issued for parking in a handicapped space.
Mr. Coury testified:
• On the day in question, it was raining, and he dropped off his wife in front of the
building to pick up paperwork.
• He was idling in the aisle, not blocking a handicap space when a parking space
became available adjacent to the handicap parking space in question.
• His vehicle is a large vehicle, and when he pulled into the available parking space,
approximately 1/8 of his vehicle straddled the handicap parking space.
• Within approximately 10 seconds, before he could back his vehicle out of the
space to re -park completely outside the confines of the handicap space, Deputy
Steed pulled behind his vehicle blocking him in.
• He requested the citation be dismissed as he was present in the vehicle, and not
given ample opportunity to completely park outside the handicap parking space.
After considering the testimony and reviewing the evidence, the Special Magistrate
UPHELD issuance of the parking citation and ordered the Respondent to pay a
$250.00 fine, Operational Costs in the amount of $50.00 and an Administrative Fee in
the amount of $5.00 for a total of $305.00 by May 2, 2012.
Total Amount Due: $305.00
5. CASE NO: S0168006- CEEX20120000559
10
March 2, 2012
OWNER: VERONICA C. MORENO
OFFICER: DEPUTY BILLIG
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA
VIOLATION ADDRESS: 5080 SYCAMORE, NAPLES
Veronica C. Moreno was present
Deputy Billig represented the County.
Deputy Billig testified:
• On January 8, 2012 he responded for the 2nd time to a complaint of unlawful
parking on a County road and right of way.
• When he arrived on the scene, there were vehicles unlawfully parked on both sides
of the road and in the grass area of the County road right of way for approximately
one quarter of a mile.
• The parking was the result of a house party and he and another officer began
issuing parking citations when the party goers immediately dispersed with
approximately 14 tickets issued, including one to the Respondent.
Ms. Moreno testified:
• On the evening in question, she attended the party and parked on the grass.
• She assumed it was private property and lawful to park in the area.
• She was unaware parking in a right of way out of the travelled way was unlawful
and requested the citation be dismissed.
After considering the testimony and reviewing the evidence, the Special Magistrate
UPHELD issuance of the parking citation and ordered the Respondent to pay a $30.00
fine, Operational Costs in the amount of $50.00 and an Administrative Fee in the
amount of $5.00 for a total of $85.00 by July 2, 2012.
Total Amount Due: $85.00
Break.- 11:12am
Reconvened.- 11:30pm
CASE NO: PR047046- CEEX20110016174
OWNER: ASKOLD D. MOSIJCZUK
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS: CONNER PARK, NAPLES
Ranger Araquistain represented the County.
Evidence Entered: Exhibit A: 1 photo
Exhibit B: 1 photo
Exhibit C: 1 photo
Exhibit D: 1 photo
March 2, 2012
Askold D. Mosijczuk was present.
Mr. Mosijczuk testified:
• On November 4, 2011 he was informed on a location to fish near Conner Park.
• He entered the Park and noticed the automated payment machine which required
payment of $8.00 per day for parking.
• He only had 5 one dollar bills, and assumed he could pay incrementally for
parking.
• He inserted two dollars in the machine, and then changed his mind.
• He attempted to cancel the transaction, however could not.
• His money was not refuned, but was issued and ticket deemed "insufficient
amount" with a $2.00 payment credited.
• He parked in the park for approximately 45 minutes and when he returned a
citation had been issued.
• He requested the ticket be dismissed as his money could not be refunded and he
utilized approximately $2.00 worth of parking time.
Ranger Araquistain testified:
• The parking fee required is a flat rate, daily fee of $8.00, with no incremental
parking fees.
• The sign on the payment machine clearly states "no refunds no change. "
There is a phone number on the machine to report a problem and someone is
dispatched to the scene to provide assistance.
Mr. Mosijczuk testified:
• He did not see the portion of the sign of the machine notifying users of "no
refunds no change. "
• He did not notice the contact phone number on the machine for requesting
assistance.
Mr. Mosijcuk requested a continuance in the case so he may contact a representative at
the phone number provided to determine if his money may be refunded.
The Special Magistrate CONTINUED the case until April 6, 2012.
VII. NEW BUSINESS - Continued
B. Motion for Imposition of Fines:
3. CASE NO: CEPM20100007769
OWNER: 223 BON LLC
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 22- 322(a),
SEAWALL IN NEED OF REPAIR.
FOLIO NO: 55850840009
VIOLATION ADDRESS: 223 11T STREET, BONITA SPRINGS
12
March 2, 2012
Bill Schaner, Florida Foreclosure, LLC, representative for the previous owner was
present and represented the current owner, 223 Bon, LLC.
Investigator Pulse represented the County and stated the violation has been abated.
Abatement Date: 2/7/12
Special Magistrate Order: 9/2/11 - No. 4721 - Page: 2834
Fine Amount: $200.00 /day
Duration: 10.3/11 — 2/7/12 (128 days)
Total Fine Amount: $25,600.00
Total to Date: $25,600.00
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
6. CASE NO: CEPM20110011422
OWNER: JAMES L. DUNKELBERGER
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22- 231(15). POOL THAT IS GREEN,
STAGNANT, AND NOT PROPERLY MAINTAINED.
FOLIO NO: 64625005565
VIOLATION ADDRESS: 2968 LONE PINE LANE, NAPLES
James L. Dunkelberger was present.
Supervisor Letourneau represented the County and stated the violation has been abated.
Abatement Date: 1/24/12
Special Magistrate Order: 12/2/11 - No. 4745 -Page: 3142
Fine Amount: $250.00 /day
Duration: 12/10/11 — 1/24/12 (46 days)
Total Fine Amount: $11,500.00
Unpaid Operational Costs: $112.38
Total to Date: $11,612.38
The Special Magistrate DENIED the County's Motion for Imposition of Fines and
collection of unpaid Operational Costs.
V. PUBLIC HEARINGS - Continued
B. Hearings
27. CASE NO: CEPM20110002202
OWNER: JP MORGAN CHASE BANK
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22 -231, SUBSECTIONS 12b, 12c, 12i, 12n, 12p, 19, AND 20.
VACANT DUPLEX WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
FOLIO NO: 77310400006
VIOLATION ADDRESS: 240 BENSON STREET, NAPLES
13
March 2, 2012
Date of Hearing Notice by Certified Mail: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/16/12
Date of Service: March 2, 2011
Investigator Mucha presented the case.
The Respondents were not present.
The violation remains as of March 2, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $113.00 incurred in the prosecution of this
case by April 2, 2012.
2. Obtain all required Collier County Building Permit(s), or Collier County
Demolition Permit(s) and required inspections and Certificate of
Occupancy /Completion to correct all property maintenance violations by April 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. 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 workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $113.00
28. CASE NO: CEPM20110014961
OWNER: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005 -16 TRUST FUND
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22 -228, SECTION 22- 231(12) (c). CEILING IN
LANAUPOOL AREA IS COLLAPSING DUE TO LACK OF MAINTENANCE.
APPARENT ROOF DAMAGE AND LACK OF MAINTENANCE.
FOLIO NO: 27632440008
VIOLATION ADDRESS: 378 EGRET AVENUE, NAPLES
Date of Hearing Notice by Certified Mail: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/14/12
Investigator Pulse presented the case.
The Respondents were not present.
14
Evidence entered: Composite Exhibit A:
Exhibit 13:
Composite Exhibit C:
Composite Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G
The violation remains as of March 2, 2012.
March 2, 2012
2 photos dated April 11, 2011
1 photo dated April 27, 2011
2 photos dated July 19, 2011
2 photos dated July 27, 2011
1 photo dated August 23, 2011
1 photo dated November 28, 2011
1 photo dated February 8, 2012
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.47 incurred in the prosecution of this
case by April 2, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s),
inspections and Certificate of Occupancy /Completion necessary to complete the
repairs to the roof and lanai ceiling by April 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. Notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance 24 hours. Notice
shall be by phone and made during the work week. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.47
29. CASE NO: CEPM20110016069
OWNER: ERASMO ARMONDO ARAGON
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTIONS 22-23](12)(i) AND 22 -243. BROKEN WINDOW AND
SEVERAL DOORS AND WINDOWS UNSECURED.
FOLIO NO: 36435880005
VIOLATION ADDRESS: 5235 32ND AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/15/12
Investigator Gomez presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos
15
March 2, 2012
The violation remains as of March 2, 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 $112.47 incurred by Code Enforcement during the
prosecution of the case on or before April 2, 2012.
2. Obtain a valid Collier County Building Permits, all required inspections and a
Certificate of Completion to restore the windows to a permitted condition on or
before March 16, 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. Obtain a Collier County Boarding Certificate and "board" the windows on or
before March 16, 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. If the option outlined in condition #3 is chosen, obtain all required Collier County
permits required and restore the windows to a permitted condition on or before
September 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.
5. Notify the Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance.
6. 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: $112.47
36. CASE NO: CENA20120000461
OWNER: SHERI L. GAUTHIER
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54- 185(a). WEEDS OVER 18 INCHES IN HEIGHT.
FOLIO NO: 36002880001
VIOLATION ADDRESS: 4500 30TH AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 2/15/12
Date of Hearing Notice Property /Courthouse Posting: 2/17/12
Investigator Gomez presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 8/21/11
The violation remains as of March 2, 2012.
16
March 2, 2012
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of the
case by April 2, 2012.
2. Abate all violations by mowing all weeds, grass or overgrowth in excess of 18
inches by March 9, 2012 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 workweek. If the violation is abated 24
hours prior to a Saturday, Sunday or legal holiday, then the notification must be
made on the next day that is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.38
37. CASE NO: CEPM20110016125
OWNER: JOHN W. RODGERS JR
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22- 231(11) AND (12)(i) . MAIN STRUCTURE WITH A
BROKEN FRONT WINDOW, GARAGE DOOR, AND A COVER REMOVED FROM
AN OUTSIDE ELECTRICAL BOX.
FOLIO NO: 427480009
VIOLATION ADDRESS: 5580 CYNTHIA LANE, NAPLES
Date of Hearing Notice by Certified Mail: 2/15/12
Date of Hearing Notice Property /Courthouse Posting: 2/16/12
Date of Service: 12/1/2011
Investigator Asaro presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 11/28/11
The violation remains as of March 2, 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 $112.47 incurred by Code Enforcement during the
prosecution of the case on or before April 2, 2012.
2. Obtain a valid Collier County Building Permits, all required inspections and a
Certificate of Completion required to make the necessary repairs to the structure
and to restore the windows and garage door to a permitted condition on or before
17
March 2, 2012
April 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 or;
3. Obtain a Collier County "Boarding Certificate" and "board" the windows on or
before March 16, 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.
4. If the option outlined in condition #3 is chosen, obtain all required Collier County
permits required and restore the windows to a permitted condition on or before
September 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.
S. Notify the Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance.
6. 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: $112.47
C. Emergency Cases:
None
Break: 12: 44pm
Reconvened: 12: 52pm
VIII. NEW BUSINESS -Continued
C. Motion for Imposition of Fines:
2. CASE NO: CEPM20110010215
OWNER: NEIL FORNEY
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22- 231(15). POOL IS GREEN, STAGNANT,
AND NOT PROPERLY MAINTAINED.
FOLIO NO: 29268001563
VIOLATION ADDRESS: 5573 COVE CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 2/18/12
Date of Hearing Notice Property /Courthouse Posting: 2/16/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has been abated.
Duration: (41 days)
Total Fine Amount: $10,250.00
Unpaid Abatement Costs: $792.60
Unpaid Operational Costs: $112.20
18
March 2, 2012
Total to Date: $11,154.80
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 $11,154.80.
Said amount to become a lien on the property.
4. 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 V1, 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: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/16/12
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated.
Abatement Date: 1/13/2012
Special Magistrate Order: 12/2/2011 No. 4745 - Page:3147
Fine Amount: $500.00 /day
Duration: (35 days)
Total Fine Amount: $17,500.00
Unpaid Abatement Costs: $781.50
Unpaid Operational Costs: $112.20
Total to Date: $18,393.70
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 $18,393.70.
Said amount to become a lien on the property.
CASE NO: CEPM20110007564
OWNER: ELI WALLEN AND DANNIE DEVOL
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22- 231(15). UNMAINTAINED SWIMMING
POOL.
FOLIO NO: 62766360006
VIOLATION ADDRESS: 707 94TH AVENUE N, NAPLES
Date of Hearing Notice by Certified Mail: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/21/12
The Respondents were not present.
Investigator Ford presented the case noting the violation has been abated, Operational
Costs have been paid and the County recommends the fines be waived.
II]'
March 2, 2012
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED
the County's Motion for Imposition of Fines.
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 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: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/16/12
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated.
Fine Amount: $500.00 /day
Duration: Part 13: 33 days; Part C: 33 days
Total Fine Amount: Part 13: $16,500.00 — Part C: $16,500.00
Unpaid Abatement Costs: $965.50
Unpaid Operational Costs: $112.56
Total to Date: $34,078.06
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 $34,078.06.
Said amount to become a lien on the property.
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: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/15/12
The Respondents were not present.
Investigator Ford presented the case noting the violation has been abated.
Fine Amount: $250.00 /day
Duration: 39 days
Total Fine Amount: $9,750.00
Unpaid Abatement Costs: $1,200.00
20
March 2, 2012
Unpaid Operational Costs: $112.47
Total to Date: $11,062.47
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 $11,062.47.
Said amount to become a lien on the property.
CASE NO: CESD20100005619
OWNER: ROY E. COMPTON
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTION 10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT A COLLIER
COUNTY BUILDING PERMIT.
FOLIO NO: 40182480003
VIOLATION ADDRESS: 3690 31ST AVENUE NE, NAPLES
Date of Hearing Notice by Certified Mail: 2/14/12
Date of Hearing Notice Property /Courthouse Posting: 2/15/12
The Respondents were not present.
Supervisor Perez presented the case noting the violation has not been abated.
Fine Amount: $100.00 /day
Duration: 29 days
Total Fine Amount: $2,900.00
Unpaid Operational Costs: $112.29
Total to Date: $3,012.29
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 $3,012.29.
Fines continue to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20090015884
OWNER: GEORGE LAMBERT
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
BUILDING AND BUILDING REGULATIONS, ARTICLE II FLORIDA BUILDING
CODE, SECTION 22- 26(103.11.2). PRIVATE SWIMMING POOL WITHOUT
SAFETY FENCE OR ENCLOSURE.
FOLIO NO: 37987440002
VIOLATION ADDRESS: 3580 WHITE BLVD, NAPLES
Investigator Condomina represented the County stating the Motion to Amend a
Previously Issued Order was for the addition of Abatement Costs.
The Special Magistrate GRANTED the County's Request.
B. Motion to Rescind Previously Issued Order:
None
21
March 2, 2012
C. Motion to Contest Nuisance Abatement Lien:
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: April 6, 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 1:10 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
(BrAda Garre , Special Magistrate
The Minutes were approved by the Special Magistrate on�
as presented 7, , or as amended
22