CESM Minutes 04/06/2012April 6, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 6, 2012 %SAY 2 w 2012
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 "
Hiller
Henning T - - - - - --
Coyle
Coletta
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
Misc. Corres:
Date: 'I 12`—I 112
Item #:1 U 12l"-1
C' -)ies to:
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: April 6, 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 17, 2012
March 2, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO: CESD20110005755
OWNER: MIGUEL A. MONTALVO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A SHED ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 35540200005
VIOLATION
ADDRESS: 126 WHITE WAY, IMMOKALEE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0175270- CEEX20120003580
OWNER: ELISE A BLOCKER
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
EXPIRED METER
VIOLATION
ADDRESS: GULF SHORE BEACH ACCESS, NAPLES
2. 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
3. CASE NO: S0174801- CEEX20120003848
OWNER: THOMAS L. MURRAY
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, PARKED ON WHITE LINES
VIOLATION
ADDRESS: SILVER SPOON/WATERSIDE, NAPLES
4. CASE NO: S0174819- CEEX20120004227
OWNER: RUTH W. DUKLAUER
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, PLACARD EXPIRED
VIOLATION
ADDRESS: COSTCO, NAPLES
5. 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
6. CASE NO: PR047680- CEEX20120002946
OWNER: ALISSA EDWARDS
OFFICER: PARK RANGER CAROL BUCKLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO PROPERLY AFFIX BEACH STICKER
VIOLATION
ADDRESS: SOUTH MARCO ACCESS, MARCO ISLAND
7. CASE NO: PR047579- CEEX20120002641
OWNER: RITA AND GREGORY MCCUSKER
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: MARCO SOUTH BEACH, MARCO ISLAND
8. CASE NO: PR047677- CEEX20120002478
OWNER: ALFRED SAN SOUCI
OFFICER: PARK RANGER CAROL BUCKLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
NO PARKING ZONE AS POSTED
VIOLATION
ADDRESS: CAXAMBAS, MARCO ISLAND
9. CASE NO: PU4825- CEEX20120003705
OWNER: MARBELLA LAKES ASSOCIATES LLC
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: CODE OF LAW & ORD. 134 -126, SEC. (A) 6
UNAPPROVED ALTERATION OF A BACKFLOW PREVENTION ASSEMBLY
FOLIO NO: 56630501787
VIOLATION
ADDRESS: 6661 MARBELLA LANE, NAPLES
10. CASE NO:
PU4830- CEEX20120004084
OWNER:
FIFTH THIRD BANK CORPORATE FACILITIES
OFFICER:
INVESTIGATOR RAY ADDISON
VIOLATIONS:
CODE OF LAW & ORD. 97 -33, SEC. 8, E I
FIRE BACKFLOW ASSEMBLY HAS NOT BEEN REPORTED TO THE DEPARTMENT.
FOLIO NO:
METER NUMBER IS 75681257.
FOLIO NO:
32435500101
VIOLATION
5991 DOGWOOD WAY, NAPLES
ADDRESS:
8771 TAMIAMI TRAIL N, NAPLES
11. CASE NO: DAS12239- CEEX20120003767
OWNER: DEIBIS PEREZ
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SEC. A 2
TO RUN AT LARGE IN OR ON A PUBLIC STREET
VIOLATION
ADDRESS: 16TH AVENUE NW, NAPLES
12. CASE NO: DAS12240- CEEX20120003769
OWNER: DEIBIS PEREZ
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SEC. A 2
TO RUN AT LARGE IN OR ON A PUBLIC STREET
VIOLATION
ADDRESS: 16TH AVENUE NW, NAPLES
13. CASE NO:
CESD20110008191
OWNER:
RICHARD W. GOOD
OFFICER:
INVESTIGATOR JOE MUCHA
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a) UNPERMITTED SHED.
FOLIO NO:
38336040007
VIOLATION
ADDRESS:
5991 DOGWOOD WAY, NAPLES
14. CASE NO: CESD20110011005
OWNER: AGUSTIN MORALES - RENTERIA AND BLANCA E. MORALES
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). NEW CONSTRUCTION OF SHED WITHOUT PERMITS.
FOLIO NO: 36430680006
VIOLATION
ADDRESS: 5433 29TH PLACE SW, NAPLES
15. CASE NO:
CEROW20110003833
OWNER:
CHANTELL VIDAL AND EVELINA VIDAL
OFFICER:
INVESTIGATOR RALPH BOSA
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). ALTERATIONS TO THE RIGHT OF WAY AND THE PERMIT HAS
FOLIO NO:
EXPIRED.
FOLIO NO:
62520480009
VIOLATION
4370 10TH STREET NE, NAPLES
ADDRESS:
843 106TH AVENUE N, NAPLES
16. CASE NO: CEPM20120001264
OWNER: PPTS D. CORPORATION
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (11),(12)(d), (12) (b), (12)(i), (12)(p), AND (19). STRUCTURE IN A VERY POOR
STATE OF REPAIR WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
STRUCTURE IS BEING USED AS A DRUG AND PROSTITUTION HOUSE.
FOLIO NO: 00082963903
VIOLATION
ADDRESS: 3036 IMMOKALEE DRIVE, IMMOKALEE
17. CASE NO: CESS20110017753
OWNER: MICHAEL J. CONDELLO DBA DOCTOR HEADLIGHT OF NAPLES, FLORIDA
OFFICER: INVESTIGATOR JIM SEABASTY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
5.06.06 A 1 . UNPERMITTED SNIPE (CLOUDY HEADLIGHTS) SIGNS, ATTACHED TO
TRAFFIC CONTROL DEVICES IN MULTIPLE RIGHT OF WAY AND MEDIAN
LOCATIONS THROUGHOUT COLLIER COUNTY.
VIOLATION
ADDRESS: ITINERANT AND TRANSIENT IN NATURE
18. CASE NO:
CESD20110017559
OWNER:
JACKIE PAYNE - HERSEY
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06 (13)(1)(a). A WOOD FRAMED STRUCTURE BEING CONSTRUCTED IN THE
FRONT OF THE PROPERTY WITHOUT VALID COLLIER COUNTY PERMITS.
FOLIO NO:
39596000006
VIOLATION
INSPECTIONS.
ADDRESS:
4370 10TH STREET NE, NAPLES
19. CASE NO:
CEROW20110014889
OWNER:
RONALD TALERICO
OFFICER:
INVESTIGATOR JOHN CONNETTA
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROAD AND
BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY,
SECTION 110- 31(a). DRAINAGE SWALE IN REAR OF PROPERTY HAS BEEN FILLED IN
WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND
INSPECTIONS.
FOLIO NO:
53125000550
VIOLATION
ADDRESS:
262 KIRTLAND DRIVE, NAPLES
20. CASE NO: CEV20120001647
OWNER: ELSA LAY
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95. REPEAT VIOLATION OF UNLICENSED AND INOPERABLE
VEHICLES BEING STORED AT THE PROPERTY.
FOLIO NO: 35648040002
VIOLATION
ADDRESS: 4400 23RD PLACE SW, NAPLES
21. CASE NO: CELU20110015511
OWNER: CONEXAR GROUP LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
1.04.01(A). DUMPED FILL /DIRT ON VACANT LOT.
FOLIO NO: 36315680008
VIOLATION
ADDRESS: 514824 TH AVENUE SW, NAPLES
22. CASE NO:
CESD20110012635
OWNER:
ROCKPORT NAPLES LLC ET AL
OFFICER:
INVESTIGATOR TONY ASARO
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B) (1)(a). EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT
FIRST OBTAINING REQUIRED PERMITS.
FOLIO NO:
391600009
VIOLATION
55402400004
ADDRESS:
3807 TAMIAMI TRAIL E, NAPLES
23. CASE NO:
CEPM20120000872
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- 228(1). ELECTRIC LIGHT POLE AT FRONT OF PROPERTY IN STATE OF
DISREPAIR.
FOLIO NO:
55402400004
VIOLATION
ADDRESS:
451 TORREY PINES POINT, NAPLES
24. CASE NO: CEV20120000968
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AN ORDINANCES, CHAPTER 130, ARTICLE III
SECTION 130 -95. RED CAR IN DRIVEWAY WITH EXPIRED LICENSE TAG.
FOLIO NO: 55402400004
VIOLATION
ADDRESS: 451 TORREY PINES POINT, NAPLES
6
25. CASE NO: CEROW20110017402
OWNER: PERRINE MOBILE HOME SALES LLC
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II,
DIVISION 1, SECTION 110- 31(a). WORK CONDUCTED IN THE SWALE /COUNTY
RIGHT -OF -WAY WITHOUT FIRST OBTAINING PROPER PERMITS.
FOLIO NO: 67494040004
VIOLATION
ADDRESS: 4025 MINDI AVENUE, NAPLES
26. CASE NO: CESD20110017216
OWNER: SMUDER -FAUST REALTY INC
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). FOUR SETS OF STAIRS INSTALLED BEHIND THE BUILDING
WITHOUT PERMITS.
FOLIO NO: 35832800003
VIOLATION
ADDRESS: 12555 COLLIER BLVD, NAPLES
27. CASE NO: CESD20110004498
OWNER: DANIEL E. OSBORNE AND LISA C. OSBORNE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO: 38332560002
VIOLATION
ADDRESS: 6100 DOGWOOD WAY, NAPLES
28. CASE NO: CESD20110000214
OWNER: ROOKERY BAY BUSINESS PARK LLC
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.13(F). FAILURE TO SUBMIT ANNUAL PLANNED UNIT DEVELOPMENT
MONITORING REPORT.
FOLIO NO: 732800002
VIOLATION
ADDRESS: NO SITE ADDRESS
29. CASE NO: CEV20110013680
OWNER: ANNE ELENA FOSTER
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95. SILVER UNLICENSED /INOPERABLE SAAB 9 -3 LOCATED IN THE
DRIVEWAY.
FOLIO NO: 24830920006
VIOLATION
ADDRESS: 1320 EMBASSY LANE, NAPLES
30. CASE NO: CESD20110016465
OWNER: MARTHA BACHELOR
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CHICKEE HUT ERECTED WITHOUT FIRST OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
FOLIO NO: 61480009
VIOLATION
ADDRESS: 4801 TRAFFORD FARM ROAD, IMMOKALEE
31. CASE NO: CEPM20110013713
OWNER: JOHN A. MCMULLIN JR AND AMY J. MCMULLIN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(n) & (15). POOL WITH ALGAE GROWTH AND A POOL
ENCLOSURE WITH TORN SCREENS.
FOLIO NO: 24831240002
VIOLATION
ADDRESS: 1223 DELMAR LANE, NAPLES
32. CASE NO: CENA20110017696
OWNER: JERZON GONZALEZ CHILE AND YAKELIN DUARTE
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: METAL ITEMS AND TIRES.
FOLIO NO: 77390002220
VIOLATION
ADDRESS: 13599 LEGACY LANE, NAPLES
33. CASE NO: CEV20120001522
OWNER: JERZON GONZALEZ CHILE AND YAKELIN DUARTE
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95. UNLICENSED /INOPERABLE VEHICLES PARKED /STORED ON
RESIDENTIAL PROPERTY.
FOLIO NO: 77390002220
VIOLATION
ADDRESS: 13599 LEGACY LANE, NAPLES
Emergency Cases:
VL NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEEX20110015355
OWNER: PACIFICA NAPLES LLC
OFFICER: FIRE INSPECTOR BARB SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 14.14.5.1, NFPA 1, CHAPTER
13.3.3.2, NFPA 25, CHAPTER 12.7.2 NFPA 1, CHAPTER 10.4.1, NFPA 25, CHAPTER 12.3.1,
NFPA 101, CHAPTER 4.6.12.1, NFPA 25, CHAPTER 5.2.7, FLORIDA STATUTE 633, TRUSS
RULE 69A- 60.008, NFPA 13, CHAPTER 6.2.6.2.2, NFPA 25, CHAPTER 12.3.1.2, NFPA 13,
CHAPTER 6.2.7.2. EXIT SIGN DOES NOT WORK IN BACK -UP MODE, SPRINKLER
SYSTEM NOT INSPECTED, FIRE DEPARTMENT CONNECTION (FDC) CAPS ARE
MISSING, FLOW SWITCH COVER IS MISSING/NOT SECURE, CONTROL VALVES NOT
IDENTIFIED /LABELED. FIRE ALARM CABINETS AND SPRINKLER CONTROL VALVE
CABINETS ARE NOT IDENTIFIED /LABELED. HYDRAULIC NAMEPLATES ARE NOT
LEGIBLE, FLORIDA STATUTE 633, LIGHT - WEIGHT CONSTRUCTION NOT IDENTIFIED
(SIGNAGE MISSING) SPRINKLER HEADS ARE PAINTED, CONTROL VALVES NOT
CHAINED, ESCUTCHEON PLATES MISSING.
FOLIO NO: 35830040001
VIOLATION
ADDRESS: 4520 GREEN BLVD, NAPLES
2. CASE NO: CEPM20110012536
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (15) AND 2007 FLORIDA BUILDING CODE, CHAPTER 4, RESIDENTIAL
SWIMMING POOL BARRIER REQUIREMENT, SECTION 424.2.17 THROUGH 424.2.17.3.
AN UNMAINTAINED POOL CREATING A SAFETY HAZARD AND HARBORING
INFESTATION. NUMEROUS CINDERBLOCKS SURROUNDING THE ENTIRE POOL
AREA CREATING AN UNSIGHTLY APPEARANCE. NO RESIDENTIAL POOL BARRIER
AROUND THE POOL.
FOLIO NO: 67340800000
VIOLATION
ADDRESS: 100 HICKORY ROAD, NAPLES
3. 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 18TH PLACE SW, NAPLES
4. CASE NO: CESD20100020107
OWNER: O'NEILL PARTNERS LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
10.02.06(B)(1)(a) . GARAGES IN DUPLEX HAVE BEEN CONVERTED TO EFFICIENCIES,
ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
FOLIO NO: 36110200007
VIOLATION
ADDRESS: 500024 TH AVENUE SW, NAPLES
9
5. CASE NO: CEPM20110011365
OWNER: URMAS A. KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15) AND (12)(n) AND SECTION 22- 228(1). POOL WITH GREEN
STAGNANT WATER, POOL ENCLOSURE SCREENS IN STATE OF DISREPAIR AND
TALL WEEDS, GRASS AND MOLD IN ENCLOSURE AREA.
FOLIO NO: 54901480005
VIOLATION
ADDRESS: 121 DORAL CIRCLE, NAPLES
6. CASE NO:
CENA20110011385
OWNER:
URMAS A. KASK AND ROBERT SCHULTZ
OFFICER:
INVESTIGATOR JIM KINCAID
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES TALL IN REAR,
SIDE AND POOL LANAI AREAS OF RESIDENTIAL PROPERTY.
FOLIO NO:
54901480005
VIOLATION
ADDRESS:
121 DORAL CIRCLE, NAPLES
7. CASE NO: CEPM20110008150
OWNER: CLINT TAYLOR
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTION 22- 231(15) AND SECTION 22- 231(12)(i).
BROKEN SLIDERS AND GREEN POOL.
FOLIO NO: 38168440008
VIOLATION
ADDRESS: 3130 58TH STREET SW, NAPLES
8. CASE NO: CENA20110012651
OWNER: CLINT TAYLOR
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 186(a). WEEDS IN EXCESS OF 18 INCHES ON IMPROVED LOT WITHIN
THIRTY FEET OF A RESIDENTIAL STRUCTURE.
FOLIO NO: 38168440008
VIOLATION
ADDRESS: 3130 58TH STREET SW, NAPLES
9. CASE NO: CENA20110012647
OWNER: IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L /T EST
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, WOOD, DRYWALL,
PLASTIC BUCKETS, LAUNDRY BASKET, ALUMINUM CANS, HOUSEHOLD TRASH,
ELECTRONICS, APPLIANCES, BICYCLE RIMS, LARGE PLASTIC CONTAINERS IN
METAL FRAMING, AND OTHER ITEMS THROUGHOUT THE PROPERTY.
FOLIO NO: 74413960006
VIOLATION
ADDRESS: 3450 CHEROKEE STREET, NAPLES
10
10. CASE NO: CEV20110014863
OWNER: IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L /T EST
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS
AMENDED, SECTION 4.05.03. UNLICENSED VEHICLE PARKED IN THE DRIVEWAY
AND A TAN VEHICLE PARKED ON THE GRASS IN THE FRONT YARD OF
RESIDENTIAL PROPERTY.
FOLIO NO: 74413960006
VIOLATION
ADDRESS: 3450 CHEROKEE STREET, NAPLES
11. CASE NO: CENA20100017561
OWNER: CWABS INC ASSET - BACKED CT
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS. WEEDS IN EXCESS OF 18 INCHES
AROUND THE 30 FT PERIMETER OF THE HOME.
FOLIO NO: 36717400006
VIOLATION
ADDRESS: 3240 11T AVENUE NW, NAPLES
12. CASE NO: CENA20110011444
OWNER: ELDER DUQUE AND MARIA ALICE MACEDO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS, LITTER AND EXOTICS SECTION 54- 186(a). WEEDS OVER 18
INCHES WITHIN THIRTY FEET OF THE RESIDENTIAL STRUCTURE.
FOLIO NO: 37281080003
VIOLATION
ADDRESS: 620 WILSON BLVD N, NAPLES
13. CASE NO: CESD20110007118
OWNER: JILL J. WEAVER - TESNO AND HENRY J. TESNO
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22 -26(b)
(104.5.1.4.4), COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e), AND FLORIDA BUILDING CODE,
2007 EDITION, CHAPTER 1 SECTION 105.1. A WHITE PICKET FENCE, 6 FT WOODEN
FENCE, A CARPORT, AND A CHAIN LINK FENCE CONSTRUCTED ON PROPERTY
WITHOUT VALID COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 71800000543
VIOLATION
ADDRESS: 3411 BASIN STREET, NAPLES
14. 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
11
VII.
15. CASE NO: CEV20110011656
OWNER: ALICIA VIVES
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130 -95. UNLICENSED VEHICLE PARKED ON THE DRIVEWAY.
FOLIO NO: 37114060006
VIOLATION
ADDRESS: 4105 TH STREET NW, NAPLES
16. CASE NO: CEPM20110010931
OWNER: DALE C. HUNT AND ANNE M. HUNT
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(15). POOL WAS FOUND TO BE GREEN /BLACK IN COLOR AND IN
NEED OF CHEMICAL TREATMENT.
FOLIO NO: 29555019103
VIOLATION
ADDRESS: 4972 TRAYNOR COURT, NAPLES
B. Rules and Regulations Review
OLD BUSINESS
A. Motion to Amend Previously Issued Order:
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
12
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: May 4, 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
13
April 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
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 a.m. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing, Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed. 9:15 a.m.
Reconvened: 9:40 a.m.
H. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda
Item Numbers):
Under Item V.B — Hearings, the following case was moved to IV.B — Motion for Continuance:
• #1 - CASE NO: 50175270- CEEX20120003580 - ELISE A BLOCKER
Under Item V.0 — Motion for Extension of time, the following cases were added:
• #2 - CASE NO: CEPM20110002202 - JP MORGAN CHASE BANK
• #3 - CASE NO: CEPM20110016560 -CREATIVE CHOICE HOMESXIVLTD
Under Item V.B — Hearings, the following cases were moved to V.A — Stipulations:
• 426 - CASE NO: CESD201 1001 7216 - SMUDER -FAUST REALTY INC
• #16 - CASE NO: CEPM20120001264 - PPTS D. CORPORATION
• #22 - CASE NO: CESD20110012635 - ROCKPORT NAPLES LLC ET AL
• #31 - CASE NO: CEPM20110013713 - JOHN A. MCMULLIN JR. AND AMY J. MCMULLIN
• #14 - CASE NO: CESD20110011005 - AGUSTIN MORALES- RENTERIA AND BLANCA E. MORALES
• #27 - CASE NO: CESD20110004498 - DANIEL E. OSBORNE AND LISA C. OSBORNE
• #10 - CASE NO: PU4830- CEEX20120004084 - FIFTH THIRD BANK CORPORATE FACILITIES
• 49 - CASE NO: PU4825- CEEX20120003705 - MARBELLA LAKES ASSOCIATES LLC
Under Item V.B — Hearings, the following cases were withdrawn:
• #2 - CASE NO: 50172054- CEEX20120000908 -JUDITH E. MACPHEE
• #3 - CASE NO:
S0174801- CEEX20120003848 - THOMAS L. MURRAY
• #4 - CASE NO:
50174819- CEEX20120004227 - RUTH W. DUKLAUER
• #7 - CASE NO:
PR047579- CEEX20120002641 - RITA AND GREGORY MCCUSKER
#8 - CASE NO:
PR047677- CEEX20120002478 - ALFRED SAN SOUCI
• #11- CASE NO:
DAS12239- CEEX20120003767 - DEIBIS PEREZ
• #12 - CASE NO:
DAS12240- CEEX20120003769 - DEIBIS PEREZ
• #13 - CASE NO:
CESD20110008191 - RICHARD W. GOOD
• #15 - CASE NO:
CEROW20110003833 - CHANTELL VIDAL AND EVELINA VIDAL
• #18 - CASE NO:
CESD20110017559 - JACKIE PAYNE- HERSEY
2
April 6, 2012
• 420 - CASE NO: CEV20120001647 - ELSA LAY
• #25 - CASE NO: CEROW20110017402 - PERRINE MOBILE HOME SALES LLC
• #29 - CASE NO: CEV20110013680 -ANNE ELENA FOSTER
• #32 - CASE NO: CENA20110017696 - JERZON GONZALEZ CHILE AND YAKELIN DUARTE
• #33 - CASE NO: CEV20120001522 - JERZON GONZALEZ CHILE AND YAKELIN DUARTE
Under VI.A — Motion for Imposition of Fines, the following case was added to IV.0 — Motion for
Extension of Time:
• #2 - CASE NO: CEPM20110012536 - PHILLIP B. WHITE AND JANET IRENE NEBUS
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES — February 17, 2012
March 2, 2012
The minutes of the February 17, 2012 and March 2, 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
1. CASE NO: S0175270- CEEX20120003580
OWNER: ELISE A BLOCKER
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
EXPIRED METER
VIOLATION ADDRESS: GULF SHORE BEACH ACCESS, NAPLES
The Respondent or a representative was not present.
Deputy Siegel represented the County.
Special Magistrate Garretson reported a Motion for Continuance was submitted in writing by
the Respondent; however it was not within the time frame provided by the Ordinance.
The Special Magistrate DENIED the Motion for a Continuance.
C. Motion for Extension of Time
I . CASE NO: CESD20110005755
OWNER: MIGUEL A. MONTALVO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A SHED ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 35540200005
VIOLATION ADDRESS: 126 WHITE WAY, IMMOKALEE
The Respondent or a representative was not present.
Investigator Rodriguez represented the County and reported the violation has been abated.
April 6, 2012
The Special Magistrate GRANTED an Extension of Time until April 6,201Z
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
The Respondent or a representative was not present.
Investigator Mucha represented the County and reported the property is under contract for sale,
the perspective purchase is aware of the violations and intends to abate them. The Respondents
have requested a 120 day Extension of time to abate the violation. The County has no objection
to the request.
The Special Magistrate GRANTED an Extension of Time until August 6, 2012.
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
Danielle Delgado, Representative for Creative Choice Homes XIV LTD was present and
reported more time is required to totally abate the violation as the mitigation for the mold
infestation was completed, however it has been determined a portion of the drywall is need of
replacement.
Investigator Mucha represenented the County stating he had no objection to the request.
The Special Magistrate GRANTED an Extension of Time until June 6, 2012.
4. CASE NO: CEPM20110012536 (Case #2 from Imposition of fines)
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (15) AND 2007 FLORIDA BUILDING CODE, CHAPTER 4, RESIDENTIAL
SWIMMING POOL BARRIER REQUIREMENT, SECTION 424.2.17 THROUGH 424.2.17.3.
AN UNMAINTAINED POOL CREATING A SAFETY HAZARD AND HARBORING
INFESTATION. NUMEROUS CINDERBLOCKS SURROUNDING THE ENTIRE POOL
AREA CREATING AN UNSIGHTLY APPEARANCE. NO RESIDENTIAL POOL BARRIER
AROUND THE POOL.
FOLIO NO: 67340800000
VIOLATION ADDRESS: 100 HICKORY ROAD, NAPLES
Phillip White was present and reported removal of the cinder blocks is ongoing, however more
time is needed to complete the process.
4
April 6, 2012
Investigator Bosa represented the County and stated he had no objection to the request.
The Special Magistrate GRANTED an Extension of Time until May 6, 2012.
V. PUBLIC HEARINGS
A. Stipulations
26. CASE NO: CESD20110017216
OWNER: SMUDER -FAUST REALTY INC
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). FOUR SETS OF STAIRS INSTALLED BEHIND THE BUILDING
WITHOUT PERMITS.
FOLIO NO: 35832800003
VIOLATION ADDRESS: 12555 COLLIER BLVD, NAPLES
Investigator Mucha requested the hearing.
The Stipulation was entered into by the Respondent Representative Richard Faust on April 5,
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
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permits) and required inspections and Certificate of
Occupancy /Completion by July 6, 2012 or a fine of $100.00 per day will be imposed until
the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. Notice shall be by phone
and made during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.03
16. CASE NO: CEPM20120001264
OWNER: PPTS D. CORPORATION
OFFICER: INVESTIGATOR KITCHELL SNOW
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22 -231 (1 1), (12)(d), (12) (b), (12)(i), (12)(p), AND (19). STRUCTURE IN A VERY POOR
STATE OF REPAIR WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
STRUCTURE IS BEING USED AS A DRUG AND PROSTITUTION HOUSE.
FOLIO NO: 00082963903
VIOLATION ADDRESS: 3036 IMMOKALEE DRIVE, IMMOKALEE
April 6, 2012
Investigator Snow requested the hearing.
The Stipulation was entered into by the Respondent Representative Robert D. Pritt on April 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 $112.38 incurred by Code Enforcement during the
prosecution of the case on or before May 6, 2012.
2. Obtain a valid Collier County Building Permit, all required inspections and a Certificate of
Completion to restore the windows to a permitted condition on or before May 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;
obtain a Collier County Boarding Certificate and board the structure to the required
specifications on or before May 13, 2012 and obtain all required Collier County Building
Permits or a demolition permit with all inspections; and Certificates of
Completion /Occupancy by October 6, 2012 or a fine of $250.00 per day will be imposed for
each day the violation remains thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. Notify the Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
4. If the Respondents have not complied by the deadline, the County is authorized to abate
the violation by Contractor bid -out and assess the costs to the Respondent. If necessary,
assistance may be requested from the Collier County Sheriffs Office to enforce the terms
of the Stipulation.
Total Amount Due: $112.38
22. CASE NO:
CESD20110012635
OWNER:
ROCKPORT NAPLES LLC ET AL
OFFICER:
INVESTIGATOR TONY ASARO
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B) (1)(a). EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT
FIRST OBTAINING REQUIRED PERMITS.
FOLIO NO:
391600009
VIOLATION ADDRESS: 3807 TAMIAMI TRAIL E, NAPLES
Investigator Asaro requested the hearing.
The Stipulation was entered into by the Respondent Representative Michelle Welch on April 6,
2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
I. Pay operational costs in the amount of $112.73 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of Completion/
Occupancy by July 6, 2012 or a fine of $100.00 per day will be imposed until the violation
has been abated thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
April 6, 2012
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: $112.73
31. CASE NO: CEPM20110013713
OWNER: JOHN A. MCMULLIN JR AND AMY J. MCMULLIN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(n) & (15). POOL WITH ALGAE GROWTH AND A POOL
ENCLOSURE WITH TORN SCREENS.
FOLIO NO: 24831240002
VIOLATION ADDRESS: 1223 DELMAR LANE, NAPLES
Discussion occurred between the Respondent and County Staff on the status of the violation.
Jennifer Baker reported the County is withdrawing the case.
14. CASE NO: CESD20110011005
OWNER: AGUSTIN MORALES - RENTERIA AND BLANCA E. MORALES
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). NEW CONSTRUCTION OF SHED WITHOUT PERMITS.
FOLIO NO: 36430680006
VIOLATION ADDRESS: 5433 29TH PLACE SW, NAPLES
Supervisor Letourneau requested the hearing.
The Stipulation was entered into by Agustin Morales- Renteria on April 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. Pay operational costs in the amount of $112.12 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of Completion/
Occupancy by July 6, 2012 or a fine of $100.00 per day will be imposed until the violation
has been abated thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. 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
April 6, 2012
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: $112.12
27. CASE NO: CESD20110004498
OWNER: DANIEL E. OSBORNE AND LISA C. OSBORNE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO: 38332560002
VIOLATION ADDRESS: 6100 DOGWOOD WAY, NAPLES
Investigator Musse requested the hearing.
The Stipulation was entered into by Daniel Osborne on April 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. Pay operational costs in the amount of $112.20 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of Completion/
Occupancy by June 6, 2012 or a fine of $100.00 per day will be imposed until the violation
has been abated thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. Notice shall be by phone
and made during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier
County Sheriff s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.20
CASE NO:
PU4825- CEEX20120003705
OWNER:
MARBELLA LAKES ASSOCIATES LLC
OFFICER:
INVESTIGATOR MIKE ANDRESKY
VIOLATIONS:
CODE OF LAW & ORD. 134 -126, SEC. (A) 6
UNAPPROVED ALTERATION OF A BACKFLOW PREVENTION ASSEMBLY
FOLIO NO:
56630501787
VIOLATION ADDRESS: 6661 MARBELLA LANE, NAPLES
Investigator Addison requested the hearing.
The Stipulation was entered into by the Respondent's Representative Audrey Dowdell on April 6,
2012.
April 6, 2012
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and assessed the following costs:
1) A fine in the amount of $1,000.00, Operational Costs of $50.00 and an Administrative Fee
of $5.00 for a total amount due of $1,055.00. To be paid by May 6, 2012.
Total Amount Due: $1,055.00
10. CASE NO:
PU4830- CEEX20120004084
OWNER:
FIFTH THIRD BANK CORPORATE FACILITIES
OFFICER:
INVESTIGATOR RAY ADDISON
VIOLATIONS:
CODE OF LAW & ORD. 97 -33, SEC. 8, E I
FIRE BACKFLOW ASSEMBLY HAS NOT BEEN REPORTED TO THE DEPARTMENT.
METER NUMBER IS 75681257.
FOLIO NO:
32435500101
VIOLATION ADDRESS: 8771 TAMIAMI TRAIL N, NAPLES
Investigator Addison requested the hearing.
The Stipulation was entered into by the Respondent's Representative William F. Kelley on April 6,
2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and assessed the following costs:
1) A fine in the amount of $400.00, Operational Costs of $50.00 and an Administrative Fee of
$5.00 for a total amount due of $455.00. To be paid by May 6, 2012.
Total Amount Due: $455.00
Break: 10:51 a.m.
Reconvened: 11:10 a. m.
B. Hearings
5. 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 was present.
Mr. Mosijczuk was present and testified:
Ms. Baker reported the case was continued from the last hearing to determine if Mr. Mosijcuk
could obtain a refund on a partially paid parking fee at Connor Park.
Mr. Mosijczuk testified:
• On November 4, 2011 he was informed of 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.
April 6, 2012
• 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 contacted the Parks and Recreation Department and a refund will be issued for the two
dollars paid.
• He requested the ticket be dismissed as the signage on the machine and statements on the
parking receipt are confusing and he utilized aproximately $2.00 worth of parking time.
The Special Magistrate noted Mr. Mosijczuk was now entitled to park for free with the return of
the two dollars. She determined the Operational Costs and Administrative Fees be assessed and
waived the fine amount of $30.00
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and assessed $50.00 Operational Costs and a
$5.00 Administrative Fee for a total of $55.00.
Total Amount Due: $55.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines
1. CASE NO: CEEX20110015355
OWNER: PACIFICA NAPLES LLC
OFFICER: FIRE INSPECTOR BARB SIBLEY
VIOLATIONS: FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 14.14.5.1, NFPA 1, CHAPTER
13.3.3.2, NFPA 25, CHAPTER 12.7.2 NFPA 1, CHAPTER 10.4.1, NFPA 25, CHAPTER 12.3.1,
NFPA 101, CHAPTER 4.6.12.1, NFPA 25, CHAPTER 5.2.7, FLORIDA STATUTE 633, TRUSS
RULE 69A- 60.008, NFPA 13, CHAPTER 6.2.6.2.2, NFPA 25, CHAPTER 12.3.1.2, NFPA 13,
CHAPTER 6.2.7.2. EXIT SIGN DOES NOT WORK IN BACK -UP MODE, SPRINKLER
SYSTEM NOT INSPECTED, FIRE DEPARTMENT CONNECTION (FDC) CAPS ARE
MISSING, FLOW SWITCH COVER IS MISSING/NOT SECURE, CONTROL VALVES NOT
IDENTIFIED /LABELED. FIRE ALARM CABINETS AND SPRINKLER CONTROL VALVE
CABINETS ARE NOT IDENTIFIED /LABELED. HYDRAULIC NAMEPLATES ARE NOT
LEGIBLE, FLORIDA STATUTE 633, LIGHT - WEIGHT CONSTRUCTION NOT IDENTIFIED
(SIGNAGE MISSING) SPRINKLER HEADS ARE PAINTED, CONTROL VALVES NOT
CHAINED, ESCUTCHEON PLATES MISSING.
FOLIO NO: 35830040001
VIOLATION ADDRESS: 4520 GREEN BLVD, NAPLES
The Respondents was represented by Susan Rathbon, Property Manager.
Special Magistrate Order: No. 4745 - Page: 3264
Fine Amount: $500.00 /day
Duration: 2/3/12 — 2/15/12 (13 days)
Total Fine Amount: $6,500
Total to Date: $6,500.00
Inspector Sibley represented the County and reported the violation has been abated as of
February 15, 2012 and recommended the fines be waived.
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
10
April 6, 2012
13. CASE NO: CESD20110007118
OWNER: JILL J. WEAVER - TESNO AND HENRY J. TESNO
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22 -26(b)
(104.5.1.4.4), COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED,
SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e), AND FLORIDA BUILDING CODE,
2007 EDITION, CHAPTER I SECTION 105.1. A WHITE PICKET FENCE, 6 FT WOODEN
FENCE, A CARPORT, AND A CHAIN LINK FENCE CONSTRUCTED ON PROPERTY
WITHOUT VALID COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 71800000543
VIOLATION ADDRESS: 3411 BASIN STREET, NAPLES
Investigator Botts represented the County and reported the violation has been abated and
recommended the fines be waived.
The Special Magistrate DENIED the County's Motion for Imposition of Fines
VII. OLD BUSINESS
A. 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
Supervisor Perez represented the County
Mr. Kahn was present.
Mr. Kahn testified:
• He resides out of town and only visits the property annually.
• He was cited for the accumulation of litter on his property, the litter was construction
debris and was dumped there by an unkown individual.
• He received notification of the violation and was communicating with Investigator
Baldwin on resolving the matter, and did not hear back from him over a period of time,
including no noticification on the County's intent to abate the violation.
• Had the County notified him properly on the extent of the violation and abatement
amount, he would have abated the violation and avoided the $3,000 cost for the County
to abate the violation.
Supervisor Perez testified:
• There was notice given on April 18, 2011 the County may choose to abate the violation
with abatement occurring in August of 2011.
Phillip Young, Southwest Builders testified:
• Their company removed 120 cubic yards of debris from the property.
The Special Magistrate DENIED the Respondent's Motion to Contest a Nusiance Abatement
Lien.
April 6, 2012
B. Hearings (Continued)
1. CASE NO: S0175270- CEEX20120003580
OWNER: ELISE A BLOCKER
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
EXPIRED METER
VIOLATION ADDRESS: GULF SHORE BEACH ACCESS, NAPLES
Date of Hearing Notice by Certified Mail: 3/20/12
Deputy Siegel represented the County
The Respondent was not present.
Deputy Siegel testified during regular patrol he identified a vehicle parked at an expired meter.
The vehicle did not have a Collier County Beach Parking Sticker displayed. A citation was
issued.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to pay a $30.00 Fine, $50.00 in
Operational Costs and a $5.00 Administrative Fee for a total amount of $85.00 by May 6,
2012.
Total Amount Due: $85.00
6. CASE NO:
PR047680- CEEX20120002946
OWNER:
ALISSA EDWARDS
OFFICER:
PARK RANGER CAROL BUCKLER
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO PROPERLY AFFIX BEACH STICKER
VIOLATION ADDRESS: SOUTH MARCO ACCESS, MARCO ISLAND
Date of Hearing Notice by Certified Mail: 3/20/12
Ranger Maunz represented the County
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 3 photos
Ranger Maunz testified during regular patrol a vehicle without a properly afixed Collier County
Beach Sticker was identified and a citation was issued.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to pay a $30.00 Fine, $50.00 in
Operational Costs and a $5.00 Administrative Fee for a total amount of $85.00 by May 6,
2012.
Total Amount Due: $85.00
17. CASE NO: CESS201 10017753
OWNER: MICHAEL J. CONDELLO DBA DOCTOR HEADLIGHT OF NAPLES, FLORIDA
OFFICER: INVESTIGATOR JIM SEABASTY
12
April 6, 2012
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
5.06.06 A 1 . UNPERMITTED SNIPE (CLOUDY HEADLIGHTS) SIGNS, ATTACHED TO
TRAFFIC CONTROL DEVICES IN MULTIPLE RIGHT OF WAY AND MEDIAN
LOCATIONS THROUGHOUT COLLIER COUNTY.
VIOLATION ADDRESS: ITINERANT AND TRANSIENT IN NATURE
Date of Hearing Notice by Certified Mail: 3/20/12
Personal Service to Address: 3/20/12
Investigator Seabasty represented the County
The Respondent was not present.
Evidence Entered: Exhibit A: 1 photo dated 4/26/11
Composite Exhibit B: 2 photos dated 6/26/11
Composite Exhibit C: 4 photos dated 12/27/11
Composite Exhibit D: 9 photos dated 11/19/11
Investigator Seabasty tesified:
• The violation involves affixing signs to public property in rights of ways advertising
commercial services at various locations throughout the County without proper permits.
• The advertisement is for service under the heading "Doctor Headlight" or "Cloudy
Headlights."
• The County ascertained through Sheriff Department's witness of the activity, personal
contacts, telephone calls and website activity the person placing the signs is Michael
Condello.
• A previous case was initiated in September 9, 2011 and Mr. Condello ceased the activity.
• The activity re- started in December of 2011 and continues today.
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
May 6, 2012.
2. Abate all violations by removing any and all illegally existing signs by April 9, 2012 and
cease and desist from placing any and all illegal signs in Collier County or a fine of
$250.00 per sign will be imposed for any remaining sign, 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. 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: $112.03
19. CASE NO: CEROW20110014889
OWNER: RONALD TALERICO
OFFICER: INVESTIGATOR JOHN CONNETTA
13
April 6, 2012
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROAD AND
BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY,
SECTION 110- 31(a). DRAINAGE SWALE IN REAR OF PROPERTY HAS BEEN FILLED IN
WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND
INSPECTIONS.
FOLIO NO: 53125000550
VIOLATION ADDRESS: 262 KIRTLAND DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 3/20/12
Date of Hearing Notice Property /Courthouse Posting: 3/26/12
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 10/30/11
Composite Exhibit 13: 2 photos dated 2/14/12
The violation remains as of May 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. Pay Operational Costs in the amount of $200.00 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy /Completion by April 20, 2012 or a fine of $200.00 per day will be imposed until
the violation has been abated thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. 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.
Total Amount Due: $200.00
21. CASE NO: CELU20110015511
OWNER: CONEXAR GROUP LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
1.04.01(A). DUMPED FILL /DIRT ON VACANT LOT.
FOLIO NO: 36315680008
VIOLATION ADDRESS: 5148 24TH AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 3/20/12
Date of Hearing Notice Property /Courthouse Posting: 3/16/12
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 7/16/11
Composite Exhibit 13: 2 photos dated 4/5/12
14
April 6, 2012
The violation remains as of May 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. Pay Operational Costs in the amount of $112.20 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by removing all dumped dirt/fill on the lot in question by May 6, 2012
or a fine of $100.00 per day will be imposed until the violation has been abated thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. Notice shall be by phone
and made during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
23. CASE NO: CEPM20120000872
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- 228(1). ELECTRIC LIGHT POLE AT FRONT OF PROPERTY IN STATE OF
DISREPAIR.
FOLIO NO: 55402400004
VIOLATION ADDRESS: 451 TORREY PINES POINT, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/19/12
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 1/20/12
Exhibit B: 1 photo dated 4/5/12
The violation remains as of May 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. Pay Operational Costs in the amount of $112.47 incurred in the prosecution of this case by
May 6, 2012.
2 Abate all violations by obtaining repairing the light post and obtaining all required Collier
County Building Permit(s) and required inspections and Certificate of Completion by April
20, 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.
1161
April 6, 2012
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 and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.47
24. CASE NO: CEV20120000968
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AN ORDINANCES, CHAPTER 130, ARTICLE III
SECTION 130 -95. RED CAR IN DRIVEWAY WITH EXPIRED LICENSE TAG.
FOLIO NO: 55402400004
VIOLATION ADDRESS: 451 TORREY PINES POINT, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/19/12
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photo dated 1/20/11
Composite Exhibit B: 2 photos dated 4/5/12
The violation remains as of May 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 operational costs in the amount of $11247 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
and/or repairing any defects to each vehicle so they are operable, or store the vehicles in a
completely enclosed structure, or remove the offending vehicles from the property by May
13, 2012 or a fine of $50.00 per day will be imposed until the violation has been abated
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. Notice shall be by phone
and made during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.47
28. CASE NO: CESD20110000214
9M
April 6, 2012
OWNER: ROOKERY BAY BUSINESS PARK LLC
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.13(F). FAILURE TO SUBMIT ANNUAL PLANNED UNIT DEVELOPMENT
MONITORING REPORT.
FOLIO NO: 732800002
VIOLATION ADDRESS: NO SITE ADDRESS
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/22/12
Investigator Botts presented the case.
The Respondent was not present.
Investigator Botts noted the 2010 and 2011 PUD Annual Monitoring Reports have not been
submitted to the County as required.
The violation remains as of May 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. Pay operational costs in the amount of $112.47 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by submitting two complete copies of the Planned Unit Development
Annual Monitoring Form, 1 of 3 Traffic County Options and 1 Executed Affidavit by May
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.
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 and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.47
30. CASE NO: CESD20110016465
OWNER: MARTHA BACHELOR
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CHICKEE HUT ERECTED WITHOUT FIRST OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
FOLIO NO: 61480009
VIOLATION ADDRESS: 4801 TRAFFORD FARM ROAD, IMMOKALEE
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/27/12
Investigator Rodriguez presented the case.
The Respondents were not present.
17
April 6, 2012
Evidence entered: Exhibit A: 1 photo dated 11/29/11
The violation remains as of May 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. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of this case by
May 6, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permits) and required inspections and Certificate of Completion/
Occupancy by June 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.
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 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
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines - (Continued)
3. 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 18TH PLACE SW, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/16/12
The Respondents were not present.
Supervisor Letouneau presented the case noting the violation has not been abated.
Special Magistrate Order: 1/6/12 - No. 4757 - Page: 2095
Fine Amount: $250.00 /day
Duration: 1/14/12 — 4/6/12 (84 days)
Total Fine Amount: $21,000.00
Unpaid Abatement Costs for Boarding: $390.00
Unpaid Operational Costs: $112.20
Total to Date: $21,502.20
18
April 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 $21,502.20. Said amount
to become a lien on the property with fines continuing to accrue.
CASE NO: CESD20100020107
OWNER: O'NEILL PARTNERS LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
10.02.06(B)(1)(a) . GARAGES IN DUPLEX HAVE BEEN CONVERTED TO EFFICIENCIES,
ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS.
FOLIO NO: 36110200007
VIOLATION ADDRESS: 5000 24TH AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/16/12
The Respondents were not present.
Supervisor Letouneau and Investigar Musse presented the case noting the violation has not
been abated, however there was an email submitted this morning and the Respondent has begun
to abate the violation and requested a Continuance to the case due to tenant issues.
The Special Magistrate CONTINUED the case until the next hearing.
CASE NO: CEPM20110011365
OWNER: URMAS A. KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15) AND (12)(n) AND SECTION 22- 228(1). POOL WITH GREEN
STAGNANT WATER, POOL ENCLOSURE SCREENS IN STATE OF DISREPAIR AND
TALL WEEDS, GRASS AND MOLD IN ENCLOSURE AREA.
FOLIO NO: 54901480005
VIOLATION ADDRESS: 121 DORAL CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/19/12
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated..
Abatement Date: 2/21/12
Special Magistrate Order: 12/2/11 - No. 4745 - Page:3234
Fine Amount: Part B: $250.00 /day — Part C: $250.00
Duration: Part B: 12/10/11 — 2/21/12 (74 days) - Part C: 12/10/11 — 2/21/12 (74 days)
Total Fine Amount: $37,000.00
Unpaid Abatement Costs: Part B: $3,178.05
Unpaid Operational Costs: $112.38
Total to Date: $40,290.43
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 $40,290.43. Said amount
to become a lien on the property.
z
April 6, 2012
CASE NO: CENA20110011385
OWNER: URMAS A. KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES TALL IN REAR,
SIDE AND POOL LANAI AREAS OF RESIDENTIAL PROPERTY.
FOLIO NO: 54901480005
VIOLATION ADDRESS: 121 DORAL CIRCLE, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/19/12
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated.
Abatement Date: 12/27/11
Special Magistrate Order: 12/2/11 - No. 4745 - Page: 3240
Fine Amount: $100.00 /day
Duration: 12/10/11 — 12/27/11 (18 days)
Total Fine Amount: $1,800.00
Unpaid Operational Costs: $112.29
Total to Date: $1,912.29
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 $1,912.29. Said amount to
become a lien on the property.
CASE NO: CEPM20110008150
OWNER: CLINT TAYLOR
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTION 22- 231(15) AND SECTION 22- 231(12)(1).
BROKEN SLIDERS AND GREEN POOL.
FOLIO NO: 38168440008
VIOLATION ADDRESS: 3130 58TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/16/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has been partially abated.
Abatement Date: 11/7/11
Special Magistrate Order: 9/2/11 - No. 4748 - Page: 1578
Fine Amount: Part C: $250.00 /day — Part B: $250.00
Duration: Part C: 9/17/11 — 4/6/12 (203 days) — Part B: 9/10/11 — 11/7/11 (59 days)
Total Fine Amount: Part C: $50,750.00 — Part B: $14,750.00
Unpaid Abatement Costs for Boarding: $1,098.10
Unpaid Abatement Costs for Pool: $1,042.10
Unpaid Operational Costs: $112.38
Total to Date: $67,752.58
20
April 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 $67,752.58. Said amount
to become a lien on the property with fines continuing to accrue.
CASE NO: CENA20110012651
OWNER: CLINT TAYLOR
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 186(a). WEEDS IN EXCESS OF 18 INCHES ON IMPROVED LOT WITHIN
THIRTY FEET OF A RESIDENTIAL STRUCTURE.
FOLIO NO: 38168440008
VIOLATION ADDRESS: 3130 58TH STREET SW, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/16/12
The Respondents were not present.
Supervisor Letourneau presented the case noting the violation has been abated.
Abatement Date: 1/24/12
Special Magistrate Order: 12/2/11 - No. 4745 - Page: 3253
Fine Amount: $100.00 /day
Duration: 12/10/11 — 1/24/12 (46 days)
Total Fine Amount: $4,600.00
Unpaid Abatement Costs: $30.00
Unpaid Operational Costs: $112.20
Total to Date: $4,742.20
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 $4,742.20. Said amount to
become a lien on the property.
CASE NO: CENA20110012647
OWNER: IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L/T EST
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, WOOD, DRYWALL,
PLASTIC BUCKETS, LAUNDRY BASKET, ALUMINUM CANS, HOUSEHOLD TRASH,
ELECTRONICS, APPLIANCES, BICYCLE RIMS, LARGE PLASTIC CONTAINERS IN
METAL FRAMING, AND OTHER ITEMS THROUGHOUT THE PROPERTY.
FOLIO NO: 74413960006
VIOLATION ADDRESS: 3450 CHEROKEE STREET, NAPLES
Date of Hearing Notice by Certified Mail: 3/21/12
Date of Hearing Notice Property /Courthouse Posting: 3/22/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has not been abated.
Special Magistrate Order: 2/3/12 - No. 4765 - Page: 388
Fine Amount: $100.00 /day
Duration: 3/11/12 — 4/6/12 (27 days)
Total Fine Amount: $2,700.00
Unpaid Operational Costs: $112.47
Total to Date: $2,812.47
21
April 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 $2,812.47. Said amount to
become a lien on the property.
10. CASE NO: CEV20110014863
OWNER: IRASEMA LAMBERT PINERO TR AND ZONIA Z. LAMBERT R/L/T EST
OFFICER: INVESTIGATOR AZURE BOTTS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III,
SECTION 130 -95 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS
AMENDED, SECTION 4.05.03. UNLICENSED VEHICLE PARKED IN THE DRIVEWAY
AND A TAN VEHICLE PARKED ON THE GRASS IN THE FRONT YARD OF
RESIDENTIAL PROPERTY.
FOLIO NO: 74413960006
VIOLATION ADDRESS: 3450 CHEROKEE STREET, NAPLES
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/22/12
The Respondents were not present.
Investigator Botts presented the case noting the violation has not been abated.
Special Magistrate Order: 2/3/12 - No. 4765 - Page: 408
Fine Amount: $50.00 /day
Duration: 2/18/12 — 4/6/12 (49 days)
Total Fine Amount: $2,450.00
Unpaid Operational Costs: $112.56
Total to Date: $2,562.56
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 $2,562.56. Said amount to
become a lien on the property with fines continuing to accrue.
11. CASE NO: CENA20100017561
OWNER: CWABS INC ASSET - BACKED CT
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS. WEEDS IN EXCESS OF 18 INCHES
AROUND THE 30 FT PERIMETER OF THE HOME.
FOLIO NO: 36717400006
VIOLATION ADDRESS: 3240 1"AVENUE NW, NAPLES
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/26/12
The Respondents were not present.
Investigtor Ambach presented the case noting the violation has been abated.
Abatement Date: 1/24/12
Special Magistrate Order: 10/7/11 —No. 4728 -Page: 2042
Fine Amount: $100.00 /day
Duration: 10/15/11 — 1/24/12 (102 days)
Total Fine Amount: $10,200.00
Unpaid Abatement Costs: $75.00
Unpaid Operational Costs: $112.38
22
April 6, 2012
Total to Date: $10,387.38
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 $10,387.38. Said amount
to become a lien on the property.
12. CASE NO: CENA20110011444
OWNER: ELDER DUQUE AND MARIA ALICE MACEDO
OFFICER: INVESTIGATOR JANIS POTTER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS, LITTER AND EXOTICS SECTION 54- 186(a). WEEDS OVER 18
INCHES WITHIN THIRTY FEET OF THE RESIDENTIAL STRUCTURE.
FOLIO NO: 37281080003
VIOLATION ADDRESS: 620 WILSON BLVD N, NAPLES
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/26/12
The Respondents were not present.
Supervisor Perez presented the case noting the violation has been abated.
Abatement Date: 2/8/12
Special Magistrate Order: 12/2/11- No. 4745 - Page: 3247
Fine Amount: $50.00 /day
Duration: 12/10/11 — 2/8/12 (61 days)
Total Fine Amount: $3,050.00
Unpaid Abatement Costs: $30.00
Unpaid Operational Costs: $112.29
Total to Date: $3,192.29
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 $3,192.29. Said amount to
become a lien on the property.
14. 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
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/20/12
The Respondents were not present.
Investigator Asaro presented the case noting the violation has not been abated.
Special Magistrate Order: 1/6/12 - No. 4757 - Page: 2112
Fine Amount: $200.00 /day
Duration: 3/7/12 — 4/6/12 (31 days)
Total Fine Amount: $6,200.00
Total to Date: $6,200.00
23
April 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 $6,200.00. Said amount to
become a lien on the property with fines continuing to accrue.
15. CASE NO: CEV20110011656
OWNER: ALICIA VIVES
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTION 130 -95. UNLICENSED VEHICLE PARKED ON THE DRIVEWAY.
FOLIO NO: 371 14060006
VIOLATION ADDRESS: 410 5T" STREET NW, NAPLES
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/26/12
The Respondents were not present.
Investigator Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: 2/3/12 - No. 4765 - Page: 397
Fine Amount: $50.00 /day
Duration: 2/7/12 — 4/6/12 (60 days)
Total Fine Amount: $3,000.00
Unpaid Operational Costs: $112.29
Total to Date: $3,112.29
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 $3,112.29. Said amount to
become a lien on the property with fines continuing to accrue.
16. CASE NO: CEPM20110010931
OWNER: DALE C. HUNT AND ANNE M. HUNT
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(15). POOL WAS FOUND TO BE GREEN/BLACK IN COLOR AND IN
NEED OF CHEMICAL TREATMENT.
FOLIO NO: 29555019103
VIOLATION ADDRESS: 4972 TRAYNOR COURT, NAPLES
Date of Hearing Notice by Certified Mail: 3/22/12
Date of Hearing Notice Property /Courthouse Posting: 3/20/12
The Respondents were not present.
Investigator Asaro presented the case noting the violation has been abated.
Abatement Date: 2/21/12
Special Magistrate Order: 12/2/11 -No. 4745 -Page: 3250
Fine Amount: $250.00 /day
Duration: 12/10/11 — 2/21/12 (74 days)
Total Fine Amount: $18,500.00
Unpaid Abatement Costs: $1,200.00
Unpaid Operational Costs: $112.38
Total to Date: $19,812.38
24
April 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 $19,812.38. Said amount
to become a lien on the property.
B. Rules and Regulations Review
None
VIII. OLD BUSINESS — (Continued)
B. Motion to Amend Previously Issued Order:
None
C. 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: May 4, 2012 at 9:00 A.M. located at the Collier County Government
Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
*Could be change in next meeting date per Jennifer Baker.
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 1:09 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
nda Garr n, Special Magistrate
The Minutes were,approved by the Special Magistrate on
as presented t , or as amended
25