CESM Backup Docs 06/01/2012SPECIAL
MAGISTRATE
MEETING
BACKUP
DOCUMENTS
JUNE 19 2012
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: June 1, 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 — None
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO:
S0142623- CEEX20120006624
OWNER:
RICHARD E. FLEISHER
OFFICER:
CORPORAL MJ PAYNE
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: SUNTRUST BANK, 801 LAUREL OAK DRIVE, NAPLES
1
2. CASE NO: S0174831- CEEX20120006327
OWNER: DOUGLAS LAVINE
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, PARKED ON STRIPED LINES
VIOLATION
ADDRESS: WALMART, JULIET DRIVE, NAPLES
3. CASE NO: S0178774- CEEX20120007520
OWNER: ANDREW SEIBOLD
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, USING MOTHER -IN -LAW'S PERMIT
VIOLATION
ADDRESS: NAPLES WALK PUBLIX, NAPLES
4. CASE NO: PR048094- CEEX20120006062
OWNER: CHRISTINE O'NEIL AND TOM CHMELIK
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA
VIOLATION
ADDRESS: VANDERBILT GARAGE, NAPLES
5. CASE NO: PR048320- CEEX20120006358
OWNER: PV HOLDING CORP
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: TIGERTAIL BEACH, MARCO ISLAND
6. CASE NO: DAS12598- CEEX20120005864
OWNER: STEVEN FOX
OFFICER: OFFICER KYRA LYNCH
VIOLATIONS: CODE OF LAW & ORD. 2008 -51, SEC. 14- 34(A)(5)
TORMENT ANY ANIMAL. FAILURE TO COMPLY WITH ORDER TO PROVIDE CARE.
VIOLATION
ADDRESS: 251 FIJI COURT, MARCO ISLAND
7. CASE NO: CEPM20120006379
OWNER: DENNIS WOLFE AND ROBERTA WOLFE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). GREEN POOL.
FOLIO NO: 36380720003
VIOLATION
ADDRESS: 250055 TH STREET SW, NAPLES
2
8. CASE NO: CEPM20120002331
OWNER: JOHN MACDONALD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -231 SUBSECTIONS 12b, 12p, 12q, AND 19. SEVERAL INTERIOR WALLS
THAT HAVE BEEN DAMAGED, AND TERMITE INFESTATION THAT HAS CAUSED
DAMAGE TO THE INTERIOR OF THE HOME, WOOD SIDING ON THE EXTERIOR, AND
TO A SUPPORT BEAM FOR THE CARPORT.
FOLIO NO: 35773840009
VIOLATION
ADDRESS: 224845 TH STREET SW, NAPLES
9. CASE NO:
CEPM20120001710
OWNER:
JENNIFER BONACKI
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(12)(p) AND 19. MOLD GROWING ON THE INTERIOR WALLS AND
FOLIO NO:
BASEBOARDS OF A VACANT CONDO.
FOLIO NO:
51080001984
VIOLATION
2946 HAWTHORNE COURT, NAPLES
ADDRESS:
2456 MILLCREEK LANE, UNIT 103, NAPLES
10. CASE NO:
CEV20120000317
OWNER:
DAVID BURNS AND ELLEN A. BURNS
OFFICER:
INVESTIGATOR TONY ASARO
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130,
SECTIONS 130- 96(a), 130 -97(2) (3) (4) (5). A COMMERCIAL TRUCK, COMMERCIAL
TRAILERS, AND A BOAT NOT PROPERLY STORED ON THE PROPERTY.
FOLIO NO:
22420920007
VIOLATION
ADDRESS:
2946 HAWTHORNE COURT, NAPLES
11. CASE NO: CEPM20120003671
OWNER: NORMAN C. PARTINGTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(i). UNSECURED PROPERTY WITH BROKEN WINDOWS AND
DAMAGED EXTERIOR DOORS.
FOLIO NO: 38168160003
VIOLATION
ADDRESS: 5761 GOLDEN GATE PARKWAY, NAPLES
12. CASE NO: CEPM20110017378
OWNER: ERNESTO FLORES AND MARIA FLORES
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22-
243(1)(2)(a)(b)(c). PROPERTY THAT WAS VACANT, ABANDONED, AND UNSECURED.
FOLIO NO: 73180680209
VIOLATION
ADDRESS: 618 CLIFTON STREET, IMMOKALEE
13. CASE NO: CEAU20110015846
OWNER: KEVIN R. RUARK
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED,
SECTION 5.03.02. WHITE WOODEN FENCE BUILT WITHOUT VALID COLLIER
COUNTY PERMITS.
FOLIO NO: 41880680007
VIOLATION
ADDRESS: 6265 SHADY OAKS LANE, NAPLES
14. CASE NO:
CEROW20120000549
OWNER:
ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM
OFFICER:
INVESTIGATOR JONATHAN MUSSE
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). VEGETATION IN COUNTY RIGHT OF WAY.
FOLIO NO:
36110760000
VIOLATION
ADDRESS:
499823 RD COURT SW, NAPLES
15. CASE NO: CEPM20120002100
OWNER: THOMAS G. BROWN
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: 2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17 AND COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22- 231(12)(c), (15), AND (19). THE LANAI DOOR IS MISSING THE LOWER SCREEN
PANEL ALLOWING ACCESS INTO THE POOL AREA, FRAMING OF HUD APPROVED
POOL COVERING IS DAMAGED AND RAISING AT THE CORNER OF THE POOL
ALLOWING WATER TO ENTER, ROOF HAS MISSING /BROKEN TILE, AND GREEN
MOLD /ALGAE GROWING ON LANAI SCREEN.
FOLIO NO: 68980000243
VIOLATION
ADDRESS: 6524 HIGHCROFT DRIVE, NAPLES
16. CASE NO:
CESD20110014694
OWNER:
RUBEN M. VALDEZ AND ELIZABETH V. VALDEZ
OFFICER:
INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A SHED IN THE REAR OF THE PROPERTY AND A CARPORT
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO:
77162200001
VIOLATION
ADDRESS:
1203 N 18TH STREET, IMMOKALEE
Emergency Cases:
4
VI.
NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20080016475
OWNER: SAN JANIE TREVINO AND GUADALUPE MARTINEZ
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -231, SUBSECTIONS 9,11,12a, 12b, 12c, 12i, 12k, 12n, 12o, 12p, 19 and 20.
SINGLE FAMILY HOME THAT IS OWNER OCCUPIED THAT HAS NUMEROUS
MINIMUM HOUSING VIOLATIONS.
FOLIO NO: 56400080001
VIOLATION
ADDRESS: 311 PRICE AVENUE, IMMOKALEE
2. 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
3. CASE NO: CESD20110000214
OWNER: ROOKERY BAY BUSINESS PARK LLC
OFFICER: INVESTIGATOR DAVID JONES
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
4. CASE NO:
CESD20100009239
OWNER:
CASERINVERSIONES LLC
OFFICER:
INVESTIGATOR JONATHAN MUSSE
VIOLATIONS:
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1.
UNPERMITTED FENCE ON SITE.
FOLIO NO:
36112200005
VIOLATION
ADDRESS:
4901 23RD AVENUE SW, NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
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: July 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
Lawrence Keller
Cam -
From: Thomas F Siegel Jr <tfsiegel @comcast.net>
Sent: Monday, May 28, 2012 7:49 PM
To: Larry Keller
Subject: April 11 Handicap Parking Violation
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012 12:
2BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Ruben M. Valdez & Elizabeth V. Valdez
Case No. CESD20110014694
Respondent(s),
STIPULATION /AGREEMENT
� tCF
COMES NOW, the undersigned, Ruben M. Valdez, on behalf of himself or Elizabeth V. Valdez as representative for
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of
Vinlatinn in reference (case) number CESD20110014694 dated the 15t day of December. 2011.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing
is currently scheduled for June 1, 2012; to promote efficiency in the administration of the code enforcement process; and
to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational casts in the amount of $112.20 incurred in the prosecution of this case within 30 days of
this hearing.
2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit,
inspections, and Certificate of Completion/Occupancy within 120 days of this hearing or a fine of
$100.00 per day will be imposed until the violation is abated
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax 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) That if the Respondent fails to abate the violation the County may abate the voolation using any method to bring
the violation into compliance and may use the assistance of the Collier my heriff's Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed tot rle pro rty owner.
e5 Mr Representative (sign g, Director
C-I Zab h v as Z
Respondent or Representative (print)
S - Z S -- 20 / Z_
Date
Ruben M Valdez is deceased
Code Enforcement Department
Date
REV 1/4/12
COLLIER COUNTY, FLORIDA
SPECIAL MAGISTRATE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
VS. DEPT CASE NO. CEPM20120007772
Linda H Haines & William D Haines, Respondent(s)
STATEMENT OF VIOLATION AND
REQUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons:
1. Violation of Ordinance(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and
Building Regulations, Article VI Property Maintenance Code, Section 22- 231(2),
22- 231(12)(i), 22- 231(1), 22- 231(11), 22- 231(12)(b) , 22- 231(12)(n), 22- 231(9), 22- 231(5)
2. Description of Violation: Compliance with housing standards- Water turned off to property by City
of Naples -No water on property, electric turned off by FPL- electric illegally hooked up, cooking
equipment does not meet ASME container standards, exterior walls have holes brakes and surfaces
are not properly being maintained, windows are broken and not being maintained, and fence as an
accessory structure is damaged and not being maintained
3. Location/address where violation exists: 3087 Lunar St. AKA 3077 Lunar St. Naples, Florida
34112- Folio number 53352680002
4. Name and address of owner /person in charge of violation location: Linda H Haines & William D
Haines- 3087 Lunar St. AKA 3077 Lunar St. Naples, Florida 34112
5. Date violation first observed: May 16, 2012
6. Date owner /person in charge given Notice of Violation: May 22, 2012
7. Date on/by which violation to be corrected: May 25, 2012
8. Date of re- inspection: May, 25, 2012
9. Results of Re- inspection: Violation remains
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the. foregoing, the undersigned code enforcement official hereby certifies that the above - described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Special Magistrate for a. ubl' aring�'I
v
Dated this 29th day, of May, 2012. f �C�
Michelle Scavone
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before this! lday of KAL,j, 2012 by %-1 C oe I C Sc A v -CtiI_t
NOTARY PUBL?C -STATE OF Fr nDTTI
Kerry reams
Ur. mission # 1! ED05769
REV 1 4 -12 ' Enkires: JUNE 30, 2014
BONDED THF.0 ATLANMC B01ZLVC CO., INC.
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WSJ • 55 RECORDED 12/14/2011 9:29 AM PAGES 3
' DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC $27.00
Case No. — CEPM20110011725
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
NORMAN C. PARTINGTON,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 2, 2011,
and the Special Magistrate, having heard testimony under oath, received evidence and heard argument
respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special
Magistrate, as follows:
FINDINGS OF FACT
Respondent, Norman C. Partington, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the hearing.
4. The real property located at 5761 Golden Gate Parkway, Naples, Florida, Folio #38168160003
(Legal Description: GOLDEN GATE EST UNIT 30 E 150FT OF TR 91), is in violation of
Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(12)(i) in
the following particulars:
Door in front of the home has been damaged and needs to be repaired.
5. The violation has not been abated as of the date of the public hearing.
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07 -44, it is hereby
ORDERED:
COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs
PARTINGTON, NORMAN C, Defendant(s)
AFFIDAVIT OF NON - COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
OSM CASE NO. CEPM20110011725
BEFORE ME, the undersigned authority, personally appeared Paul Renald, Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says:
1. That on December 02, 2011, the Special Magistrate held a hearing and issued an Order in the above - styled
matter and stated that Defendant(s) was to abate as stated in the Order of the Special Magistrate recorded in
the public records of Collier County, Florida in OR Bookl1HSPG , air)
2. That the respondent did not contact the investigator.
3. That a re- inspection was performed on 12 -12 -2011.
That the re- inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance
with the following conditions:property was still unsecured.
FURTHER AFFIANT SAYETH NOT.
DATED this 12th day of December, 2011.
COLLIER COUNTY, FLORIDA
HEARING OF THE SPECIAL MAGISTRATE
aul Renald
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this 2 day ofG�' fit'bc ; 2011 by Paul Renald
(Signature of Notary Pi lic)
NOTARY PLBL1C -S ` lT _' 0,� FLORIDA
(Print/Type /Stamp Commissioned Name of Notary Public) X=s
=Comtnissicn :` EE005769
Personally known Expir ,' .1:TNE 30, 2014
BONDED THRU ATLP. _ IC BOND^ G CO., INC,
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22- 231(12)(1).
B. Respondent must abate the violation by obtaining all required Collier County building permits,
inspections, and certificate of completion and bring the door up to a condition consistent with the
Collier County property maintenance code on or before December 9, 2011 or a fine of $250.00
per day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department
may abate the violation using any method to bring the violation into compliance. If necessary, the
County may request the services of the Collier County Sheriff's Office for the purpose of
accessing the property for abatement. All costs of abatement shall be assessed against the
property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.56 on or before January 2, 2012.
E. Respondent shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this O�4 day of 1 , 2011 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement .Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s) — Norman C. Partington
Collier Co. Code Enforcement Dept.