CESM Minutes 07/06/2012July 6, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, July 6, 2012
BY:...... .................
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F,"
3rd Floor, Collier County Government Complex, Naples, Florida, with the following p ersons
present: !`iai
Hiller
Henning T
Coyle
r;oiett�: �Ci
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
W c. Correa
Date: 1ONC1 \ «-
item #: I ls"s 2)A S
Copies to:
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: July 6, 2012 at 9:00 A.M.
LOCATION: Collier County Government Center, 3299 Tamiami Trail East, 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 — May 18, 2012
June 1, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO: CEPM20090007445
OWNER: ZACK MOEN AND GRETCHEN MOEN
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY PROPERTY MAINTENANCE CODE 2004 -58, SECTION 12. THE LEFT
REAR CORNER OF THE PROPERTY WAS BURNED IN A HOUSE FIRE.
FOLIO NO: 37923600000
VIOLATION
ADDRESS: 4645 13TH AVE SW, NAPLES
2. CASE NO:
CESD20110000968
OWNER:
ETHEL MATA
OFFICER:
INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT.
FOLIO NO:
53500360006
VIOLATION
ADDRESS:
906 TAYLOR TERRACE, IMMOKALEE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: PR048505- CEEX20120007817
OWNER: SUZANNE VAN ESSEN AND ZACH GOSEY
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY VALID PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: COLLIER BOAT PARK, NAPLES
2. CASE NO: PR045534- CEEX20120007629
OWNER: SCOTT SCHULTZ
OFFICER: PARK RANGER PETILLO JONES
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, OUTSIDE OF DESIGNATED PARKING SPACE
VIOLATION
ADDRESS: VANDERBILT BEACH GARAGE, NAPLES
3. CASE NO: PR047510- CEEX20120008754
OWNER: JAEDEN HAMERNIK
OFFICER: PARK RANGER KURT ARAQUISTAIN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: SUGDEN REGIONAL PARK, NAPLES
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PU4534- CEEX20120007863
CHILE CALIENTE LLC
INVESTIGATOR ALBERTO SANCHEZ
CODE OF LAW & ORD. 2005 -54, SEC. 2,3,4
NO COMMERCIAL SERVICE
25630440002
204 BOSTON AVENUE, IMMOKALEE
5. CASE NO: PU4831- CEEX20120009279
OWNER:
MARBELLA LAKES OWNER ASSOCIATION INC
OFFICER:
INVESTIGATOR RAY ADDISON
VIOLATIONS:
CODE OF LAW & ORD. 2001 -73, SECTION 1.4b SUBSECTION I
CROSSING PROPERTY LINE WITH WATER HOSE FOR CONSTRUCTION AT
DIFFERENT FOLIO NUMBER/ADDRESS.
FOLIO NO:
56610000208
VIOLATION
ADDRESS:
6395 LAGUNA CIRCLE, NAPLES
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
PU4535- CEEX20120008981
GL HOMES OF NAPLES ASSOCIATES II LTD
INVESTIGATOR ALBERTO SANCHEZ
CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N
UNLAWFUL CONNECTION TO WATER OWNED BY DISTRICT WITHOUT CONSENT.
72640033407
3994 BERING COURT, NAPLES
PU4870- CEEX20120009532
GL HOMES OF NAPLES ASSOCIATES II LTD
INVESTIGATOR MIKE ANDRESKY
CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N, Q
A HOSE B.I.B. CONNECTED TO THE CURBSTOP. A 3 /4 GARDEN HOSE RAN TO A
PRESSURE WASHER. THE SAMPLE POINT WAS BEING USED TO WASH EMPLOYEE
HANDS.
72640032149
3813 COLUMBIA COURT LOT 83, NAPLES
8. CASE NO: C002749- CEVFH2O120006230
OWNER: A 1 ON 1 PROFESSIONAL LIMOUSINE SERVICE INC.
OFFICER: INVESTIGATOR MICHAELLE CROWLEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 142, SECTION 142-
30(9), 142- 33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE
PUBLIC STREETS OF THE COUNTY WITHOUT FIRST RENEWING THE LICENSE TO
OPERATE WITH COLLIER COUNTY THAT EXPIRED ON JANUARY 28, 2012.
VIOLATION
ADDRESS: 1012 ANGLER'S COVE D -308, NAPLES
9. CASE NO: CEPM20120002730
OWNER: ROBERT RODRIGUEZ AND AIDA RODRIGUEZ
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI,
SECTION 22 -231 (15) AND (12)(n). POOL WATER GREEN WITH ALGAE AND SCREEN
ENCLOSURE HAS DAMAGED AND MISSING SCREENING MATERIAL.
FOLIO NO: 36515880006
VIOLATION
ADDRESS: 313541 IT STREET SW, NAPLES
10. CASE NO: CEV20120008808
OWNER: SEAN MITCHELL BARRON
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 4.05.03(A). VEHICLE
PARKED IN GRASS.
FOLIO NO: 52393240004
VIOLATION
ADDRESS: 107 WEST PAGO PAGO DRIVE, NAPLES
11. CASE NO:
CEPM20120006775
OWNER:
ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS CHAPTER 22, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15)
AND 22- 231(12)(n). AN UNMAINTAINED POOL AND A SCREEN ENCLOSURE AROUND
THE POOL WITH TORN SCREEN.
FOLIO NO:
38972600005
VIOLATION
ADDRESS:
253148 TH AVENUE NE, NAPLES
12. CASE NO: CENA20120007047
OWNER: ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54 -181 AND
54 -179. AN ACCUMULATION OF LITTER AROUND THE RESIDENTIAL STRUCTURE.
FOLIO NO: 38972600005
VIOLATION
ADDRESS: 253148 TH AVENUE NE, NAPLES
13. CASE NO: CEV20120008663
OWNER: LARRY A. MASI AND DOUG J. MASI
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: STORAGE AND USE OF VEHICLE CONTROL ORDINANCE, CODE OF LAWS AND
ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130- 96(a). BOAT IN FRONT OF
RESIDENTIAL STRUCTURE.
FOLIO NO: 52391560003
VIOLATION
ADDRESS: 140 CAPRI BLVD, NAPLES
14. CASE NO: CEPM20120006156
OWNER: PETE'S TRAILER PARK INC.
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)(b), (12)(d), (12)(i), AND 22 -242. BURNED MOBILE HOME IN A POOR
STATE OF REPAIR WITH WINDOWS AND DOORS BROKEN, INTERIOR OF THE FLOOR
ROTTED AND FULL OF HOLES, WALLS FALLING DOWN, INSECT AND RODENT
INFESTATION. THE INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS.
FOLIO NO: 118160007
VIOLATION
ADDRESS: 302 14TH STREET SE UNIT 322, IMMOKALEE
15. CASE NO: CENA20120007627
OWNER: LINDA H. HAINES AND WILLIAM D. HAINES
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS, SECTION 54 -181, UNAUTHORIZED
ACCUMULATION OF LITTER, COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 54, ARTICLE VI, SECTION 54 -179, LITTER DECLARED TO BE A PUBLIC
NUISANCE, COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54- 185(a), ENVIRONMENT. LITTER CONSISTING OF BUT NOT
LIMITED TO: BROKEN PET CARRIER, WOOD, PLASTIC BUCKETS, PVC PIPING, SINK,
BROKEN FURNITURE AND THE LIKE. ALSO WEEDS OVER 18 INCHES.
FOLIO NO: 53352680002
VIOLATION
ADDRESS: 3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES
16. CASE NO:
CENA20120003543
OWNER:
KELLY R. CRAIN ESTATE
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIRONMENT, ARTICLE VI
WEEDS, LITTER, AND EXOTICS, SECTION 54 -181, LITTER DECLARED TO BE A
PUBLIC NUISANCE, CHAPTER 54, ARTICLE VI, SECTION 54- 185(b) A SMALL
ACCUMULATION OF LITTER, AND WEEDS OR GRASS OVER 18 INCHES WITHIN 30
FEET OF THE RESIDENTIAL STRUCTURE.
FOLIO NO:
39713960000
VIOLATION
ADDRESS:
424047 TH AVENUE NE, NAPLES
17. CASE NO: CEPM20100022132
OWNER: ANGELITA RODRIGUEZ
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(12)(d), (12)(f), (12)(m), (12)(b), (12)(i), (12)(a),(13), AND 22- 242(b). HOME IN A
POOR STATE OF REPAIR WITH WINDOWS AND DOORS BROKEN, INTERIOR OF THE
FLOOR ROTTED AND FULL OF HOLES, WALLS FALLING DOWN, INSECT AND
RODENT INFESTATION. THE INTERIOR OF THE STRUCTURE IS OPEN TO THE
ELEMENTS.
FOLIO NO: 66880600004
VIOLATION
ADDRESS: 3106 TH STREET, IMMOKALEE
18. CASE NO: CEPM20120006398
OWNER: ROBERT SEYLER
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(i). BROKEN WINDOW.
FOLIO NO: 68343680006
VIOLATION
ADDRESS: 95 ISLE ST. THOMAS, NAPLES
19. CASE NO:
CENA20120003709
OWNER:
JOANNE CHRISTINE POYER EST AND IRIS M. PAUL
OFFICER:
INVESTIGATOR TONY ASARO
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER AND DEBRIS CONSISTING OF METAL, WOOD, CARDBOARD, TIRES,
PLASTIC, ETC. LOCATED THROUGHOUT THE PROPERTY.
FOLIO NO:
63505080009
VIOLATION
ADDRESS:
3612 CROTON ROAD, NAPLES
20. CASE NO: CEEX20120009479
OWNER: JOHN DEIGHEN AND LISA DEIGHEN
OFFICER: ANIER MARRERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
7239 MILL POND CIRCLE, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO: CENA20120000461
OWNER: SHERI L. GAUTHIER
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS OVER 18 INCHES IN HEIGHT.
FOLIO NO: 36002880001
VIOLATION
ADDRESS: 4500 30TH AVENUE SW, NAPLES
2. CASE NO: CEPM20110016069
OWNER: ERASMO ARMANDO ARAGON
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE V1,
SECTIONS 22- 231(12)(1) AND 22 -243. BROKEN WINDOW AND SEVERAL DOORS AND
WINDOWS UNSECURED.
FOLIO NO: 36435880005
VIOLATION
ADDRESS: 523532 ND AVENUE SW, NAPLES
6
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
7
CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
CESD20100007028
SVEND PETERSEN
INVESTIGATOR ERIC SHORT
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
40179400009
3577 RANDALL BLVD, NAPLES
CESD20110004498
DANIEL E. OSBORNE AND LISA C. OSBORNE
INVESTIGATOR JONATHAN MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
38332560002
6100 DOGWOOD WAY, NAPLES
CESD20100000052
DEUTSCHE BANK NATL TRUST CO
INVESTIGATOR STEVE ATHEY
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
67291040003
692 GORDONIA ROAD, NAPLES
CEPM20100002830
DEUTSCHE BANK NATL TRUST CO
INVESTIGATOR STEVE ATHEY
2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17. NO ENCLOSURE OR
FENCE AROUND SWIMMING POOL.
67291040003
692 GORDONIA ROAD, NAPLES
CEPM20110012778
JOHN M. FERNER
INVESTIGATOR DEE PULSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22 -228 AND SECTION 22- 231(12)(1) AND SECTION 22- 231(12)( c). WINDOWS
BROKEN IN GARAGE DOOR AND THE SOFFIT IS FALLING DOWN.
62423160002
789 107 TH AVENUE N, NAPLES
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
a
CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
CEPM20110012228
MICHAEL M. MIR
INVESTIGATOR ART FORD
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228 AND
CHAPTER 110 -46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON THE
PROPERTY.
62777000009
802 99TH AVENUE N, NAPLES
CEPM20110016560
CREATIVE CHOICE HOMES XIV LTD
INVESTIGATOR JOE MUCHA
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.
00296840003
8664 DILIP LANE UNIT 205, NAPLES
CEPM20110002763
MORAD BAHRAMI
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(m) AND SECTION 22- 231(12)(1). BLACK MOLD ON THE EXTERIOR
OF THE HOME AND TORN SCREENS ON THE LANAI.
32484040007
841 BLUEBIRD STREET, NAPLES
11. CASE NO: CEPM20120007772
OWNER: LINDA H. HAINES AND WILLIAM D. HAINES
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: 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(l),22-231(11),22-231(12)(b), 22- 231(12)(n), 22-
231(9), 22- 231(5). COMPLIANCE WITH HOUSING STANDARDS, WATER TURNED OFF
TO PROPERTY BY CITY OF NAPLES, NO WATER ON THE PROPERTY, ELECTRIC
TURNED OFF BY FLORIDA POWER AND LIGHT, ELECTRIC ILLEGALLY HOOKED UP,
COOKING EQUIPMENT DOES NOT MEET ASME CONTAINER STANDARDS, EXTERIOR
WALLS HAVE HOLES, BRAKES AND SURFACES ARE NOT BEING PROPERLY
MAINTAINED, WINDOWS ARE BROKEN AND NOT BEING MAINTAINED, AND FENCE
AS AN ACCESSORY STRUCTURE IS DAMAGED AND NOT BEING MAINTAINED.
FOLIO NO: 53352680002
VIOLATION
ADDRESS: 3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES
VII.
0AIII
IX.
0
XI.
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
OLD BUSINESS
CESD20110016465
MARTHA BACHELOR
INVESTIGATOR MARIA RODRIGUEZ
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.
61480009
4801 TRAFFORD FARM ROAD, IMMOKALEE
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
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
REPORTS
NEXT MEETING DATE: August 3, 2012 at 9:00 A.M. at the Collier County Government Center,
3299 Tamiami Trail East, 3rd Floor, Naples, Florida
ADJOURN
6
July 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 AM. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing, Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:17 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as
Agenda item numbers):
Under VI.A — Motion for Imposition of Fines, the following cases were moved to IV.B — Motion for
Continuance
• #5 - CASE NO: CESD20100000052 - DEUTSCHE BANK NATL TRUST CO
• #6 - CASE NO: CEPM20100002830 - DEUTSCHE BANK NATL TRUST CO
Under item V.B — Hearings, the following cases were moved to V.0 — Motion for Continuance:
• #5 - CASE NO: PU4831- CEEX20120009279 - MARBELLA LAKES OWNER ASSOCIATION INC
• #6 - CASE NO: PU4535- CEEX20120008981 - GL HOMES OF NAPLES ASSOCIATES II LTD
• #7 - CASE NO: PU4870- CEEX20120009532 - GL HOMES OF NAPLES ASSOCIATES II LTD
Under item V.B — Hearings, the following cases were moved to V.A — Stipulations:
• #19 - CASE NO: CENA20120003709 -JOANNE CHRISTINE POYER EST AND IRIS M. PAUL
• #18- CASE NO: CEPM20120006398 -ROBERT SEYLER
• #13 - CASE NO: CEV20120008663 - LARRY A. MASI AND DOUG J. MASI
• #4 - CASE NO: PU4534- CEEX20120007863 - CHILE CALIENTE LLC
Under item V.B — Hearings, the following cases were withdrawn:
• # 1 - CASE NO: PR048505- CEEX20120007817 -SUZANNE VAN ESSEN AND ZACH GOSEY
• #9 - CASE NO: CEPM20120002730 - ROBERT RODRIGUEZ AND AIDA RODRIGUEZ
• #10 - CASE NO: CEV20120008808 - SEAN MITCHELL BARRON
• #14 - CASE NO: CEPM20120006156 - PETE'S TRAILER PARK INC.
• #15 - CASE NO: CENA20120007627 - LINDA H. HAINES AND WILLIAM D. HAINES
• #16 - CASE NO: CENA20120003543 - KELLY R. CRAIN ESTATE
• #17 - CASE NO: CEPM20100022132 - ANGELITA RODRIGUEZ
Under VI.A — Motion for Imposition of Fines, the following case was withdrawn:
• #1- CASE NO: CENA20120000461 - SHERI L. GAUTHIER
2
The Special Magistrate approved the Agenda as modified. July 6, 2012
III. APPROVAL OF MINUTES — May 18, 2012
June 1, 2012
The minutes of the May 18, 2012 and June 1, 2012 Special Magistrate Hearings 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: CESD20100000052
OWNER: DEUTSCHE BANK NATL TRUST CO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO: 67291040003
VIOLATION ADDRESS: 692 GORDONIA ROAD, NAPLES
Supervisor Mucha represented the County and had no objection to the request.
Jessica Scherir represented the Respondent reporting the property it currently subject to civil
litigation.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
CASE NO: CEPM20100002830
OWNER: DEUTSCHE BANK NATL TRUST CO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: 2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17. NO ENCLOSURE OR
FENCE AROUND SWIMMING POOL.
FOLIO NO: 67291040003
VIOLATION ADDRESS: 692 GORDONIA ROAD, NAPLES
Supervisor Mucha represented the County and had no objection to the request.
Jessica Scherir represented the Resondent reporting the property it currently subject to civil
litigation.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
CASE NO: PU4831- CEEX20120009279
OWNER: MARBELLA LAKES OWNER ASSOCIATION INC
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW & ORD. 2001 -73, SECTION 1.4b SUBSECTION 1
CROSSING PROPERTY LINE WITH WATER HOSE FOR CONSTRUCTION AT
DIFFERENT FOLIO NUMBER/ADDRESS.
FOLIO NO: 56610000208
VIOLATION ADDRESS: 6395 LAGUNA CIRCLE, NAPLES
Special Magistrate Garretson stated the Respondent's legal counsel submitted the request
indicating she had a previous long standing commitment that conflicted with the hearing
schedule.
July 6, 2012
Investigator Addison represented the County and objected to the request due to the repeat nature
of violations occuring on site, however it is not a Health, Safety or Welfare issue.
The Special Magistrate GRANTED the Respondent's Motion for Continuance in the case
until the next hearing date.
4. CASE NO: PU4535- CEEX20120008981
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N
UNLAWFUL CONNECTION TO WATER OWNED BY DISTRICT WITHOUT CONSENT.
FOLIO NO: 72640033407
VIOLATION ADDRESS: 3994 BERING COURT, NAPLES
Investigator Sanchez represented the County stating the activity has ceased. He had no
objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance, however if
the violations re -occur an Emergency Hearing will be scheduled.
5. CASE NO: PU4870- CEEX20120009532
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N, Q
A HOSE B.I.B. CONNECTED TO THE CURBSTOP. A 3 A GARDEN HOSE RAN TO A
PRESSURE WASHER. THE SAMPLE POINT WAS BEING USED TO WASH EMPLOYEE
HANDS.
FOLIO NO: 72640032149
VIOLATION ADDRESS: 3813 COLUMBIA COURT LOT 83, NAPLES
Investigator Andresky represented the County stating the violation had been abated and the case
is not a Health, Safety and Welfare issue. He had no objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
C. Motion for Extension of Time
1. CASE NO: CEPM20090007445
OWNER: ZACK MOEN AND GRETCHEN MOEN
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY PROPERTY MAINTENANCE CODE 2004 -58, SECTION 12. THE LEFT
REAR CORNER OF THE PROPERTY WAS BURNED IN A HOUSE FIRE.
FOLIO NO: 37923600000
VIOLATION ADDRESS: 4645 13TH AVE SW, NAPLES
Supervisor Mucha represented the County.
Susan Shorter represented the Respondent and requested a 1 -year continuance because the
owner had sustained serious injuries in an automobile accident on July 3, 2012. The owner is
investigating the most optimal solution to abate the violation including discussions with the Fire
District on the feasibility of using the premise for training purposes.
Investigator Mucha had no objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of Time
for a period of I year.
4
CASE NO: CESD20110000968 July 6, 2012
OWNER: ETHEL MATA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT.
FOLIO NO: 53500360006
VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE
Investigator Rodriguez represented the County and stated she had no objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of Time.
V. PUBLIC HEARINGS
A. Stipulations
19. CASE NO: CENA20120003709
OWNER: JOANNE CHRISTINE POYER EST AND IRIS M. PAUL
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54 -181 AND
54 -179. LITTER AND DEBRIS CONSISTING OF METAL, WOOD, CARDBOARD, TIRES,
PLASTIC, ETC. LOCATED THROUGHOUT THE PROPERTY.
FOLIO NO: 63505080009
VIOLATION ADDRESS: 3612 CROTON ROAD, NAPLES
Investigator Asaro represented the County.
Charles B. Riddle represented the Respondents, who are deceased. He inherited the premise
and resides on site.
The Stipulation was entered into by the Respondent's representative Charles B. Riddle on
July 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 $112.29 incurred in the prosecution of the case by
August 6, 2012.
2 Remove all unauthorized accumulation of litter from the property and dispose in an
appropriate waste disposal facility or store desired items in a completely enclosed structure
by August 6, 2012 or $100.00 per day fine will be imposed each day the violation remains.
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. Notice shall
be by phone and made during the workweek. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
18. CASE NO: CEPM20120006398
OWNER: ROBERT SEYLER
OFFICER: INVESTIGATOR VICKI GIGUERE
July 6, 2012
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(i). BROKEN WINDOW.
FOLIO NO: 68343680006
VIOLATION ADDRESS: 95 ISLE ST. THOMAS, NAPLES
Investigator Giguere represented the County.
The Stipulation was entered into by the Respondent's representative Ursula Seyler on
July 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 the Operational Costs of 5112.29 incurred by Code Enforcement during the
prosecution of the case on or before August 6, 2012.
2 Obtain all required Collier County Building Permits, inspections and a Certificate of
Completion to restore the windows /doors to a permitted condition on or before July 13,
2012 or a fine of 5250.00 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 July 13, 2012 and obtain all required Collier County Building
Permits inspections and Certificates of Completion /Occupancy by January 6, 2013 or a
fine of 5250.00 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: $112.29
13. CASE NO: CEV20120008663
OWNER: LARRY A. MASI AND DOUG J. MASI
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: STORAGE AND USE OF VEHICLE CONTROL ORDINANCE, CODE OF LAWS AND
ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130- 96(a). BOAT IN FRONT OF
RESIDENTIAL STRUCTURE.
FOLIO NO: 52391560003
VIOLATION ADDRESS: 140 CAPRI BLVD, NAPLES
Investigator Giguere represented the County and reported the violation has been abated as of
July 5, 2012.
The Stipulation was entered into by the Respondent's representative Lenore T. Brakefield on
July 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 $11229 incurred in the prosecution of this case by
August 6, 2012.
July 6, 2012
2. Abate all violations by relocating the boat to an enclosed structure, rear yard, adjacent to
waterway as permitted, or remove offending boat from area zoned residential by July 9,
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 workweek. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
4. CASE NO: PU4534- CEEX20120007863
OWNER: CHILE CALIENTE LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW & ORD. 2005 -54, SEC. 2,3,4
NO COMMERCIAL SERVICE
FOLIO NO: 25630440002
VIOLATION ADDRESS: 204 BOSTON AVENUE, IMMOKALEE
Investigator Sanchez requested the hearing
The Stipulation was entered into by the Respondent's representative Jacob Gallegos on
July 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 $55.00 incurred in the prosecution of the case by
August 6, 2012.
2. Pay a fine of $500.00 by August 6, 2012.
Total Amount Due: $555.00
Break.- 10:37a.m.
Reconvened: 10: 45a. m.
B. Hearings
2. CASE NO: PR045534- CEEX20120007629
OWNER: SCOTT SCHULTZ
OFFICER: PARK RANGER PETILLO JONES
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
UNLAWFUL AREA, OUTSIDE OF DESIGNATED PARKING SPACE
VIOLATION ADDRESS: VANDERBILT BEACH GARAGE, NAPLES
Following preliminary discussions on the status of the case, Mr. Schultz withdrew his request
for a hearing.
July 6, 2012
3. CASE NO: PR047510- CEEX20120008754
OWNER: JAEDEN HAMERNIK
OFFICER: PARK RANGER KURT ARAQUISTAW
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION ADDRESS: SUGDEN REGIONAL PARK, NAPLES
Ranger Araquistain represented the County.
Jaeden Hamernik and Drew Hamernik were present. Both were in the vehicle when it was
parked.
Drew Hamernik testified:
• On May 26 they entered Sudgen Regional Park and parked their vehicle in an unoccupied
parking space.
• Adjacent to the space were five, clearly marked handicapped spaces delineated with
striping and signage.
• The space they occupied was not clearly delineated for handicapped parking nor was the
concrete parking bumper painted blue similar to the adjacent spaces.
• Upon returning from the beach, they noticed they had been ticketed for parking in a
handicapped space.
Ranger Araquistain testified:
• On the day of the incident he was on routine patrol when he observed the vehicle parked
in a handicapped space without the proper permitting.
• He displayed several photos of the space and the vehicle parked in the space.
• Although the space is not delineated with "striping" there are portions of faint blue paint
lines on each side of the space.
• The concrete parking bumper had recently been replaced and has not been painted blue.
Upon reviewing the evidence, the Special Magistrate found the Respondent NOT GUILTY of
parking in a handicapped space without proper permitting as the area in question is not
properly designated for "handicapped parking" only.
8. CASE NO: C002749- CEVFH2O120006230
OWNER: A 1 ON 1 PROFESSIONAL LIMOUSINE SERVICE INC.
OFFICER: INVESTIGATOR MICHAELLE CROWLEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 142, SECTION 142-
30(9), 142- 33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE
PUBLIC STREETS OF THE COUNTY WITHOUT FIRST RENEWING THE LICENSE TO
OPERATE WITH COLLIER COUNTY THAT EXPIRED ON JANUARY 28, 2012.
VIOLATION ADDRESS: 1012 ANGLER'S COVE D -308, NAPLES
Investigator Crowley represented the County.
William Reynoso, General Manager of A 1 on 1 Professional Limousine Service, Inc. was
present.
Investigator Crowley testified:
• On May 21, 2012 she issued a citation to the Respondents for operating a Motor Vehicle
for Hire without the proper licensing.
July 6, 2012
• The licensing was subject to renewal and had expired on January 28, 2012.
• The company has always been in good standing and subsequently obtained all required
permits to operate.
Mr. Reynoso testified it was an oversight in not renewing the license and subsequently paid
additional fees for new licensing as opposed to renewal fees and requested the fine be reduced.
The Special Magistrate found the Respondent GUILTY of Operating a Vehicle for Hire
without proper County licensing and ordered they pay a $100.00 fine, $50.00 in Operational
Costs and a $5.00 Administrative Fee for a total amount of $155.00.
Total Amount Due: $155.00
11. CASE NO:
CEPM20120006775
OWNER:
ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS CHAPTER 22, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15)
AND 22- 231(12)(n). AN UNMAINTAINED POOL AND A SCREEN ENCLOSURE AROUND
THE POOL WITH TORN SCREEN.
FOLIO NO:
38972600005
VIOLATION ADDRESS:
2531 48TH AVENUE NE, NAPLES
Scott Morell, son of Robert P. Hendricks and Amanda E. Hendricks was present.
Investigator Short represented the County.
County Evidence Entered: Exhibit A — 1 photo dated 5/7/12
Exhibit B — 1 photo dated 5/31/12
Investigator Short reported the violation remains.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of $112.12 incurred by Code Enforcement during the
prosecution of the case on or before January 6, 2013.
2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to
maintain clean pool water and filtration system on or before August 6, 2012 or a fine of
$150.00 per day will be imposed for each day the violation remains thereafter or,
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards on or before August 6, 2012 or a fine of $150.00 per day will
be imposed for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. Make all necessary repairs of the pool cage structure on or before August 6, 2012 or a fine
of $150.00 per day will be imposed for each day the violation remains thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
5. Notify 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 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.
July 6, 2012
6. 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: $112.12
12. CASE NO: CENA20120007047
OWNER: ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS CHAPTER 54, ARTICLE VI, SECTION 54 -181 AND
54 -179. AN ACCUMULATION OF LITTER AROUND THE RESIDENTIAL STRUCTURE.
FOLIO NO: 38972600005
VIOLATIONADDRESS: 253148 TH AVENUE NE, NAPLES
Scott Morell, son of Robert P. Hendricks and Amanda E. Hendricks was present.
Investigator Short represented the County.
County Evidence Entered: Exhibit A — 1 photo dated 5/7/12
photo dated 5/31/12
photo dated 7/5/12
Exhibit B —
Exhibit C -
Investigator Short reported the violation is 99 percent abated with a couple of minor items
remaining in the yard.
Mr. Morell stated the items could be removed by July 9, 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
January 6, 2013.
2. Abate the violation by removing all unauthorized accumulation of litter from the property
to an appropriate waste disposal facility and remove any and all abandoned or derelict
property from the location in question to a site intended for final disposal or store said
items in a completely enclosed structure by July 9, 2012 or a fne 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: $112.12
10
VI. NEW BUSINESS July 6, 2012
A. Motion for Imposition of Fines:
3. CASE NO: CESD20100007028
OWNER: SVEND PETERSEN
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). SHED ON THE PROPERTY WITHOUT OBTAINING A COLLIER
COUNTY BUILDING PERMIT.
FOLIO NO: 40179400009
VIOLATIONADDRESS: 3577 RANDALL BLVD, NAPLES
Investigator Short represented the County.
Svend Petersen was present and stated the property was foreclosed on 4 years ago by Chase
Bank, but the title remains in his name.
The Special Magistrate continued the case for 12 months and suspended the acrual of fines.
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 represented the County.
Dan Osborne was present.
Mr. Osborne testified he purchased the property and was unaware the shed was unpermitted.
He has taken the necessary steps to permit the shed with all inspectons completed.
Investigator Musse testified, according to his records, three of the required inspections have not
been completed.
The Special Magistrate CONTINUED the case so the parties could resolve the status of the
inspections.
8. CASE NO: CEPM20110012228
OWNER: MICHAEL M. MIR
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 -228 AND
CHAPTER 110 -46. SWALE /CULVERT PIPING SYSTEM COLLAPSED ON THE
PROPERTY.
FOLIO NO: 62777000009
VIOLATION ADDRESS: 802 99TH AVENUE N, NAPLES
Supervisor Mucha represented the County reporting the violation has been abated and
recommended the fines be waived.
Michael Mir was present.
The Special Magistrate DENIED the County's Motion for Imposition of fines.
9. CASE NO: CEPM20110016560 July 6, 2012
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
Investigator Mucha represented the County reporting the violation has been abated and
recommended the fines be waived.
Danielle Delgado, the Association's Property Manager was present.
The Special Magistrate DENIED the County's Moton for Imposition of fines.
IL CASE NO: CEPM20120007772
OWNER: LINDA H. HAINES AND WILLIAM D. HAINES
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: 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(l),22-231(11),22-231(12)(b), 22- 231(12)(n), 22-
231(9), 22- 231(5). COMPLIANCE WITH HOUSING STANDARDS, WATER TURNED OFF
TO PROPERTY BY CITY OF NAPLES, NO WATER ON THE PROPERTY, ELECTRIC
TURNED OFF BY FLORIDA POWER AND LIGHT, ELECTRIC ILLEGALLY HOOKED UP,
COOKING EQUIPMENT DOES NOT MEET ASME CONTAINER STANDARDS, EXTERIOR
WALLS HAVE HOLES, BRAKES AND SURFACES ARE NOT BEING PROPERLY
MAINTAINED, WINDOWS ARE BROKEN AND NOT BEING MAINTAINED, AND FENCE
AS AN ACCESSORY STRUCTURE IS DAMAGED AND NOT BEING MAINTAINED.
FOLIO NO: 53352680002
VIOLATIONADDRESS: 3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES
Investigator Scavone presented the case noting the violation has not been abated.
Date of Hearing Notice by Certified Mail: 6/22/12 ,
Date of Hearing Notice Property /Courthouse Posting: 6/18/12
Fine Amount: Part 13: $500.00 /day
Part C: $500.00 /day
Part D: $500.00 /day
Duration: Part B: 6/5/12 — 7/6/12(32 days)
Part C: 6/5/12 — 7/6/12(32 days)
Part D: 6/9/12 — 7/6/12 (28 days)
Total Fine Amount: $46,000.00
Unpaid Operational Costs: $113.08
Total to Date: $46,113.08
William Haines was present and reported he is now in a position to abate the violation and has
started by clearing the weeds. He requested more time to abate the violation. Linda Haines, his
mother is incarcerated and cannot be contacted.
The Special Magistrate CONTINUED the case for 90 days, suspending the acrual of fines.
12
2. CASE NO: CEPM20110016069 July 6, 2012
OWNER: ERASMO ARMANDO ARAGON
OFFICER: INVESTIGATOR CARMELO GOMEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22- 231(12)(i) AND 22 -243. BROKEN WINDOW AND SEVERAL DOORS AND
WINDOWS UNSECURED.
FOLIO NO: 36435880005
VIOLATION ADDRESS: 5235 32ND AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 6/21/12
Date of Hearing Notice Property /Courthouse Posting: 6/18/12
The Respondents were not present.
Supervisor Bosa presented the case noting the violation has been partially abated.
Fine Amount: $250.00 /day
Duration: 3/17/12 — 7/6/12 (112 days)
Total Fine Amount: $28,000.00
Abatement Costs: $770.00
Unpaid Operational Costs: $112.47
Total to Date: $28,882.47
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $28,882.47 Said amount
to become a lien on the property with fines continuing to accrue.
CASE NO: CEPM20110012778
OWNER: JOHN M. FERNER
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22 -228 AND SECTION 22- 231(12)(1) AND SECTION 22- 231(12)( c). WINDOWS
BROKEN IN GARAGE DOOR AND THE SOFFIT IS FALLING DOWN.
FOLIO NO: 62423160002
VIOLATIONADDRESS: 789 107 T' AVENUE N, NAPLES
Date of Hearing Notice by Certified Mail: 6/21/12
Date of Hearing Notice Property /Courthouse Posting: 6/19/12
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Fine Amount: $250.00 /day
Duration: 5/26/12 — 7/6/12 (42 days)
Total Fine Amount: $10,500.00
Unpaid Operational Costs: $112.47
Total to Date: $10,612.47
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $10,612.47 Said amount
to become a lien on the property with fines continuing to accrue.
13
10. CASE NO: CEPM20110002763 July 6, 2012
OWNER: MORAD BAHRAMI
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(m) AND SECTION 22- 231(12)(1). BLACK MOLD ON THE EXTERIOR
OF THE HOME AND TORN SCREENS ON THE LANAI.
FOLIO NO: 32484040007
VIOLATIONADDRESS: 841 BLUEBIRD STREET, NAPLES
Date of Hearing Notice by Certified Mail: 6/22/12
Date of Hearing Notice Property /Courthouse Posting: 6/15/12
The Respondents were not present.
Investigator Asaro presented the case noting the violation has been abated.
Abatement Date: 5/4/12
Fine Amount: $250.00 /day
Duration: 5/11/11 — 5/4/12 (360 days)
Total Fine Amount: $90,000.00
Unpaid Abatement Costs: $1697.33
Unpaid Operational Costs: $112.56
Total to Date: $91,809.89
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 $91,809.89. Said amount
to become a lien on the property.
12. 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: 6/22/12
Date of Hearing Notice Property /Courthouse Posting: 6/15/12
The Respondents were not present.
Investigator Rodriguez presented the case noting the violation has not been abated.
Fine Amount: $200.00 /day
Duration: 6/7/12 — 7/6/12 (30 days)
Total Fine Amount: $6,000.00
Unpaid Operational Costs: $112.38
Total to Date: $6,112.38
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 $6,112.38. Said amount to
become a lien on the property with fines continuing to accrue.
C. Emergency Cases:
None
14
Break.- 12:19 p. m.
Reconvened: 1: 39 p. m.
July 6, 2012
V. PUBLIC HEARINGS - Continued
B. Hearings
20. CASE NO: CEEX20120009479
OWNER: JOHN DEIGHEN AND LISA DEIGHEN
OFFICER: ANIER MARRERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35.
DANGEROUS DOG.
VIOLATION ADDRESS: 7239 MILL POND CIRCLE, NAPLES
The Special Magistrate stated the purpose of the hearing was to hear John and Lisa Deighen's
appeal of Domestic Animal Services determination that their dog "Murphy" be declared a
"Dangerous Dog."
Colleen Macalister, Attorney represented the Deighen's
Dana Alger, Domestic Animal Services Supervisor and Emily Pepin, Assistant County
Attorney represented the County.
Ms. Macalister stated the letter issued on June 18, 2012 by Domestic Animal Services (DAS)
cited both Florida Statute and Collier County Ordinance in the determination that "Murphy" is
a "Dangerous Dog." The Statute and the County Ordinance are in conflict, as Legislative
Findings (767.10) and related Statute 767. Lb provides "A dog shall not be declared dangerous if
the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the
property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its
owner or a family member. "
The Statute provides a "defense mechanism" for a dog bite, while County Ordinance 2008 -51
does not (Section 14 -35 provides for a dog to be deemed dangerous if it "Has aggressively
bitten, attacked, or endangered or has inflicted severe injury on a human being on public or
private property' ).
She submitted Florida case Law which provides local Ordinances may not be in conflict with
State Statutes and requested a determination on how the law will be applied in the hearing
The Special Magistrate stated this hearing is not the forum to determine constitutionality or
validity of the County Ordinance and/or its conflict with State Statutes, rather, if in the
Magistrate's opinion, she agrees with the County's determination the dog meets the definition of
a Dangerous Dog under the Ordinance.
Witness- John Deighen, owner of "Murphy"
Ms. Macalister called John Deighen whose testimony is summarized below:
• He has owned "Murphy ", a rescue dog for 13 years.
• "Murphy," throughout his lifetime has been plagued by chronic health issues primarily
associated with arthritis and other debilitating conditions in his legs (Exhibit 1).
• In order to alleviate his symptoms, "Murphy" is prescribed a variety of medications to be
taken on a daily basis, including pain relievers.
• The Dempsey's have visited their residence 2 — 3 times annually over a period of 14
years, and are very familiar with the dog, and never voiced any concerns over "Murphy."
M,
July 6, 2012
• "Murphy" has never had any incidents where he has been aggressive or has bitten any
individual and has completed obedience training and participates in public events
(Exhibits 6, 7, 8 and 9).
• The Deighen's constantly warned the Dempsey's and their children to be careful of
"Murphy" and not to touch his hind quarters due to the dog's chronic pain in the area.
• On the day of the incident, the victim was very active and was "re- warned" on
"Murphy's" condition.
• Neither he nor Mr. Dempsey witnessed the incident which occurred on the lanai of the
residence.
Witness - Lisa Deighen, owner of "Murphy"
Ms. Macalister called Lisa Deighen whose testimony is summarized below:
• She repeatedly warned the Dempsey's and their children to be careful of "Murphy" as
Lucie, the victim, was very active that day.
• Following dinner, she and Mrs. Dempsey were seated at a table on the lanai, with
"Murphy" by her feet, facing "inward."
• Lucie, while retrieving a ball she was playing with, ventured behind her (Mrs. Deighen's)
chair, and, in an attempt to step over "Murphy ", lost her balance and fell on his hind
quarters startling the dog.
• "Murphy" reacted and bit Lucie, however he did not "get up off of the floor," nor "take
the child to the floor" when the act was committed.
• She did not witness "Murphy" actually perpetrate the bite.
In response to a question posed by Ms. Pepin, Ms. Deighen indicated, in her opinion, Lucie did
not torment, abuse or assault "Murphy."
Witness - Erik Madison, DVM
Ms. Macalister called Erik Madison, DVM, whose testimony is summarized below:
• He is not "Murphy's" regular veterinarian; however he treats him for his pain and
arthritis symptoms.
• "Murphy" has a degenerative condition in his joints and suffers with bone grinding and
severe bone spur formations in his hips, spine, elbows and knees.
• He has not observed any aggressive behavior by "Murphy" and he is a well adjusted dog.
• "Murphy" is prescribed several medications to aid in alleviating his pain.
• Biting would be a normal range of response for a dog in his condition given the nature of
events as they unfolded during the incident.
Ms. Macalister reported "Murphy's" primary veterinarian could not be present but has
submitted an affidavit (Exhibit 12).
Respondent Evidence Admitted - (Ms Macalister submitted several previously numbered
Exhibits for consideration with the following admitted as evidence]
Exhibit 1: DVD "Murphy" — which shows "Murphy" and his difficulty in standing up when
called.
Exhibit 6: Pet Smart Certificate of Achievement - "Murphy."
Exhibit 7: American Kennel Club Canine Good Citizen Test Certificate.
Exhibit 8 - (Composite): P.A.W.S. for R.E.A.D.ing Certificate for "Murphy" — Collier County
Library and related documentation.
16
July 6, 2012
Exhibit 9 - (Composite): 10 photos of "Murphy" interacting with the victim's parent(s) and
others.
Exhibit 12: Affidavit dated July 2, 2012 from Aaron Marie Fry, DVM — "Murphy's"
veterinarian.
Dana Alger reported the Dempsey's are currently in Paris, France and cannot be present.
Ms. Alger and Ms. Pepin reported the determination was based on:
• Ordinance 2008 -51 as amended - Chapter 14 -35a 1 — "Dangerous or vicious dog means
any dog that according to the records of the appropriate authority: Has aggressively
bitten, attacked, or endangered or has inflicted severe injury on a human being on public
or private property. "
• Ordinance 2008 -51 as amended - Chapter 14-35a.3 — "Severe injury means any physical
injury that results in broken bones, multiple bites, or disfiguring lacerations requiring
sutures or reconstructive surgery. "
• Final Medical Report of NCH Healthcare System (Exhibit E).
• Photos of injuries sustained by Lucie Dempsey (Exhibits A — D).
• The affidavit of Mrs. Dempsey who witnessed the incident (Exhibit G).
• The affidavit of Mrs. Deighen who witnessed the incident (Exhibit H).
County Evidence Admitted:
Exhibit A: 1 photo of injuries to Lucie Dempsey.
Exhibit B: 1 photo of injuries to Lucie Dempsey.
Exhibit C: 1 photo of injuries to Lucie Dempsey.
Exhibit D: 1 photo of injuries to Lucie Dempsey.
Exhibit E: Final Report — Dr. Gardner, NCH Healthcare System, for patient Lucie Dempsey
dated May 6, 2012.
Exhibit F: DAS Activity Report.
Exhibit G: DAS Statement of Affidavit or Complaint Form filed by Katarina Dempsey dated
May 10, 2012.
Exhibit H: DAS Statement of Affidavit or Complaint Form filed by Lisa Deighen dated
May 14, 2012.
Ms. Macalister concluded by noting "Murphy's" reaction to "bite" was due to "provocation"
with the dog reacting to an infliction of pain. The determination references both a State Statute
and County Ordinance and the Respondent has a right to challenge the finding based on the
determining factors. These factors include provisions in the Statute whereas there is a defense
mechanism allowed for a dog's response to an incident of this nature. In addition, no evidence
was presented to support a finding "Murphy" is "dangerous."
Ms. Pepin concluded the County Ordinance was the determining factor in the decision
including, as the evidence supports, a severe injury was inflicted on a human being, regardless
of whether the incident was provoked or unprovoked. The hearing is not a forum for the
Ordinance's conformance with State Statute or Constitutionality. She requested the Special
Magistrate uphold the determination "Murphy" be deemed a "Dangerous Dog."
The Special Magistrate took the case "UNDER ADVISEMENT."
17
VII. OLD BUSINESS July 6, 2012
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in the Submitted
Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in the Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: August 3, 2012 at 9:00 A.M. at the Collier County Government Center,
3299 Tamiami Trail East, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Magistrate at 4:07 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
The Minutes were approved by the Special Magistrate on f 2
as presented Z , or as amended
18