CESM Minutes 08/03/2012August 3, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRAT D
Naples, Florida, August 3, 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
Coyle
Coletta _
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
Misc. Corres:
Date: o \ g
Item #. li—c7 Z —L NIC45
Copies to:
V
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: August 3, 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 —July 6, 2012
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
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
SO 178239- CEEX20120007279
LISA M. O'NEILL
DEPUTY L. KELLER
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, NO VISIBLE PERMIT
WHOLE FOODS /MERCATO, NAPLES
2. CASE NO: S0138080- CEEX20120009489
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
GERARD E. EUSTACHE
CORPORAL ESPINOSA
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
2033 ROOKERY BAY DRIVE, NAPLES
3. CASE NO:
SO] 77919- CEEX20120009487
OWNER:
LAURA A. POLAND
OFFICER:
DEPUTY L. KELLER
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -67
VIOLATION
HANDICAPPED SPACE, USING DAUGHTER'S PLACARD
VIOLATION
HAMILTON STREET WITHIN ONE MILE OF BAYVIEW PARK, NAPLES
ADDRESS:
KOHL'S, NAPLES
4. CASE NO: PR048548- CEEX20120008429
OWNER:
BYRON KEYSER
OFFICER:
PARK RANGER RICHARD MAUNZ
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT,
VIOLATION
ADDRESS:
HAMILTON STREET WITHIN ONE MILE OF BAYVIEW PARK, NAPLES
2
5. CASE NO:
PR048102- CEEX20120008677
OWNER:
JENNIFER WHITESELL AND WILLIS WHITESELL III
OFFICER:
PARK RANGER BARRY GORNIAK
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, NO PERMIT.
VIOLATION
ADDRESS:
MAX HASSE PARK, NAPLES
6. CASE NO:
PR048586- CEEX,20120010885
OWNER:
KATHRYN FREDSON AND MARK HOLLAND
OFFICER:
PARK RANGER RICHARD MAUNZ
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS:
VANDERBILT BEACH ROAD, NAPLES
7. CASE NO:
PU4536- CEEX20120009847
OWNER:
CHILE CALIENTE LLC
OFFICER:
INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS:
CODE OF LAW & ORD. 2005 -54, SEC. 19, E, 2,3
NO COMMERCIAL SOLID WASTE SERVICE
FOLIO NO:
25630440002
VIOLATION
ADDRESS:
204 BOSTON AVENUE, IMMOKALEE
8. CASE NO: PU4831- CEEX20120009279
OWNER: MARBELLA LAKES OWNER ASSOCIATION INC
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW & ORD. 2Q01 -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
9. CASE NO: PU4535- CEEX20120008981
OWNER: GL HOMES OF NAPLES ASSOCIATES 11 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
3
10. CASE NO: PU4870- CEEX201200095,32 .
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
11. CASE NO: PU4649- CEEX20120009850
OWNER: GL HOMES OF NAPLES ASSOCIATES 11 LTD
OFFICER: INVESTIGATOR JEREMY FLORIN
VIOLATIONS: CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N
UNLAWFUL CONNECTION TO A COLLIER COUNTY WATER TEST POINT. THE
CONNECTION WAS NOT AUTHORIZED BY COLLIER COUNTY. THE CONNECTION
WAS TERMINATED BY THE COLLIER COUNTY WATER DISTRIBUTION
DEPARTMENT.
FOLIO NO: 72640033407
VIOLATION
ADDRESS: 3994 BERING CQURT, NAPLES
12. CASE NO: PU4903- CEEX20120010926
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAW & ORD. 2005 -54, SECTION 19C SUBSECTION 9
LITTER ON THE GROUND NOT CONTAINERIZED CONSISTING OF BUT NOT LIMITED
TO: PUTRESCIBLE WASTE, PLASTIC, MIRRORS, FURNITURE, PAPER, ETC. CREATING
A HEALTH, SAFETY, AND WELFARE ISSUE.
FOLIO NO: 00296840003
VIOLATION
ADDRESS: 8690 WEIR DRIVE, NAPLES
13. CASE NO: DAS12305- CEEX20120010182
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: 2947 12TH AVENjJE NE, NAPLES
14. CASE NO: DAS12306- CEEX20120010183
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: 2947 12TH AVENUE NE, NAPLES
15. CASE NO: DAS12307- CEEX20120010184
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION
ADDRESS: 2947 12TH AVENUE NE, NAPLES
16. CASE NO:
CEPM20120007056
OWNER:
PACIFICA NAPLES LLC
OFFICER:
INVESTIGATOR JOE MUCHA
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(19). RECURRING VIOLATION OF AN OCCUPIED RENTAL UNIT WITH
ELEVATED MOLD CONDITION.
FOLIO NO:
35830040001
VIOLATION
ADDRESS:
4255 JEFFERSON LANE #102, NAPLES
17. CASE NO: CEPM20120003507
OWNER: ELEANOR D. VANDER MEIDEN
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 68391280005
VIOLATION
ADDRESS: 346 EDGEMERE WAY N, NAPLES
18. CASE NO: CEPM20120004484
OWNER: PEDRO ESPINAL
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(12) (c) AND (r). ROOF AND GUTTERS IN ADVANCED STATE OF
DISREPAIR.
FOLIO NO: 77261000005
VIOLATION
ADDRESS: 1296 TH STREET, NAPLES
19. CASE NO: CEPM20120005148
OWNER: MARK L. SZUREK
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(15). A POOL WITH ALGAE GROWTH.
FOLIO NO: 53000160007
VIOLATION
ADDRESS: 2305 KINGS LAKE BLVD, NAPLES
W
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
C. Emergency Cases:
NEW BUSINESS
CEPM20120006156
PETE'S TRAILER PARK INC.
INVESTIGATOR CRISTINA PEREZ
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.
118160007
302 14TH STREET SE UNIT 322, IMMOKALEE
CENA20120009734
JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
INVESTIGATOR JIM KINCAID
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
55402400004
451 TORREY PINES POINT, NAPLES
A. Motion for Imposition of Fines:
1. CASE NO: CENA20120000461
OWNER: 4500 30TH AVE SW TRUST
OFFICER: INVESTIGATOR RALPH BOSA
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 30T" AVENUE SW, NAPLES
2. 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
3. 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
4. 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). UNPERM ITTED SHED.
FOLIO NO: 67291040003
VIOLATION
ADDRESS: 692 GORDONIA ROAD, NAPLES
5. 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
6. CASE NO: CEV20120000968
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND 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
7. CASE NO:
CEAU20120002734
OWNER:
ANNE PARKER
OFFICER:
INVESTIGATOR HEINZ BOX
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED,
SECTION 5.03.02 (F)(3). A FENCE IN DISREPAIR.
FOLIO NO:
36435400003
VIOLATION
62153160000
ADDRESS:
52363 IlT PLACE SW, NAPLES
8. CASE NO:
CESD20120001635
OWNER:
JOSE LANDIN - GARCIA AND MARIA LANDIN - GARCIA
OFFICER:
INVESTIGATOR JIM KINCAID
VIOLATIONS:
COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a) . TWO UNPERMITTED SHEDS IN REAR YARD OF RESIDENTIAL
PROPERTY.
FOLIO NO:
62153160000
VIOLATION
ADDRESS:
5229 HOLLAND STREET, NAPLES
9. CASE NO: CEPM20120001961
OWNER: JOSE LANDIN - GARCIA AND MARIA LANDIN- GARCIA
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22- 231(12)( c) AND (r). BLUE TARP COVERING ROOF AND GUTTERS, AND
DOWNSPOUTS IN A STATE OF DISREPAIR.
FOLIO NO: 62153160000
VIOLATION
ADDRESS: 5229 HOLLAND STREET, NAPLES
10. CASE NO: CEPM20110012536
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS
OFFICER: INVESTIGATOR STEVE ATHEY
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
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS
FOLIO NO:
VIOLATION
ADDRESS:
VII. OLD BUSINESS
CENA20110009062
JUAN HERNANDEZ AND ADRIANNA GARCIA
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS, SECTION 54- 186(a) AND
UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54 -181. WEEDS AND GRASS
IN EXCESS OF 18 INCHES AROUND THE 30 FT PERIMETER OF THE HOME AND
LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, AUTO PARTS, METAL,
PLASTIC, WOOD, GENERAL DEBRIS, ETC.
37060160005
1521 GOLDEN GATE BLVD W, NAPLES
CESD201 l 0012635
ROCKPORT NAPLES LLC ET AL
INVESTIGATOR TONY ASARO
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.
391600009
3807 TAMIAMI TRAIL E, NAPLES
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: September 7, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
X1. ADJOURN
9
August 3, 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: 9:15 a.m.
Reconvened: 9:30 a.m.
II. 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:
• #16 - CASE NO: CEPM20120007056 - PACIFICA NAPLES LLC
Under VI.A — Motion for Imposition of Fines, the following case was moved to IV.0 — Motion for
Extension of Time:
• #3 - CASE NO: CESD20110017216 - SMUDER -FAUST REALTY INC.
Under Item V.C, Emergency Cases — the following cases was originally to be added to the Agenda and
heard under this item, but moved to V.A — Stipulations:
• #1 - CRESTVIEW PARK II, LTD
Under Item V.B — Hearings, the following cases were moved to V.A — Stipulations:
• #12 - CASE NO: PU4903- CEEX20120010926 - CREATIVE CHOICE HOMES XIV LTD
Under Item V.B — Hearings, the following cases were withdrawn:
#1 - CASE NO:
S0178239- CEEX20120007279 - LISA M. O'NEILL
• #2 - CASE NO:
S0138080- CEEX20120009489 - GERARD E. EUSTACHE
#3 - CASE NO:
S0177919- CEEX20120009487 - LAURA A. POLAND
#4 - CASE NO:
PR048548- CEEX20120008429 - BYRON KEYSER
• #6 - CASE NO: PR048586- CEEX20120010885 - KATHRYN FREDSON AND MARK HOLLAND
• #18 - CASE NO: CEPM20120004484 - PEDRO ESPINAL
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES — July 6, 2012
The minutes of the July 6, 2012 Special Magistrate Hearing were reviewed by the Special Magistrate
and approved as submitted.
August 3, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
None
B. Motion for Continuance
1. CASE NO: CEPM20120007056
OWNER: PACIFICA NAPLES LLC
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(19). RECURRING VIOLATION OF AN OCCUPIED RENTAL UNIT WITH
ELEVATED MOLD CONDITION.
FOLIO NO: 35830040001
VIOLATION ADDRESS: 4255 JEFFERSON LANE #102, NAPLES
Susan Rathbun, Property Manager represented the Respondent.
Supervisor Mucha represented the County stating he had no objection to the request.
The Special Magistrate GRANTED the Respondents Motion for a Continuance in the case.
C. Motion for Extension of Time
1. 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
The Respondent was not present.
Supervisor Mucha represented the County stating he had no objection to the request as the
Respondent has obtained the necessary permits and is in the process of abating the violation.
The Special Magistrate GRANTED the Respondent's Motion for an Extension of Time.
V. PUBLIC HEARINGS
A. Stipulations
1. CRESTVIEW PARK II, LTD
Investigator Sanchez represented the County.
The Stipulation was entered into by the Respondent's representative Dora Croft on August 3,
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 and
pay a fine amount of $250.00 for a total amount due of $305.00.
Total Amount Due: $305.00
2. CASE NO: PU4903- CEEX20120010926
OWNER: CREATIVE CHOICE HOMES XIV LTD
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAW & ORD. 2005 -54, SECTION 19C SUBSECTION 9
August 3, 2012
LITTER ON THE GROUND NOT CONTAINERIZED CONSISTING OF BUT NOT LIMITED
TO: PUTRESCIBLE WASTE, PLASTIC, MIRRORS, FURNITURE, PAPER, ETC. CREATING
A HEALTH, SAFETY, AND WELFARE ISSUE.
FOLIO NO: 00296840003
VIOLATION ADDRESS: 8690 WEIR DRIVE, NAPLES
Investigator Smith represented the County.
The Stipulation was entered into by the Respondent's representative Danielle Delgado on August
3, 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 $50.00 incurred in the prosecution of the case, a
fine in the amount of $500.00 and an Administrative Fee of $5.00 for a total amount due
of $555.00.
Total Amount Due: $555.00
B. Hearings
5. CASE NO:
PR048102- CEEX20120008677
OWNER:
JENNIFER WHITESELL AND WILLIS WHITESELL III
OFFICER:
PARK RANGER BARRY GORNIAK
VIOLATIONS:
CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE, NO PERMIT.
VIOLATION ADDRESS: MAX HASSE PARK, NAPLES
Ranger Gorniak represented the County.
Willis Whitesell and Jennifer Whitesell were present.
The Special Magistrate, County Staff and the Respondent's parties discussed the case including
the avenues available to resolve the case without a hearing.
The case was withdrawn by the County.
(Cases 9, 10 and 11 were combined)
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
10. 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
August 3, 2012
11. CASE NO: PU4649- CEEX20120009850
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR JEREMY FLORIN
VIOLATIONS: CODE OF LAW & ORD. 2001 -73, SECTION 1.4 N
UNLAWFUL CONNECTION TO A COLLIER COUNTY WATER TEST POINT. THE
CONNECTION WAS NOT AUTHORIZED BY COLLIER COUNTY. THE CONNECTION
WAS TERMINATED BY THE COLLIER COUNTY WATER DISTRIBUTION
DEPARTMENT.
FOLIO NO: 72640033407
VIOLATION ADDRESS: 3994 BERING COURT, NAPLES
Investigator Addison represented the County and stated the parties were making an effort to
resolve the cases via stipulations.
The Special Magistrate CONTINUED the cases.
(Cases 13, 14 and 15 were combined)
13. CASE NO: DAS12305- CEEX20120010182
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: 2947 12TH AVENUE NE, NAPLES
14. CASE NO: DAS12306- CEEX20120010183
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: 2947 12TH AVENUE NE, NAPLES
15. CASE NO: DAS12307- CEEX20120010184
OWNER: VERONICA ALI AND RONALD HUBBS
OFFICER: KURT ZEITLER
VIOLATIONS: CODE OF LAW & ORD. 14 -36, SECTION A 2
ALLOW A DOG TO RUN AT LARGE.
VIOLATION ADDRESS: 2947 12TH AVENUE NE, NAPLES
Officer Zeitler represented the County.
Ronald Hubbs was present.
Mr. Hubbs testified:
• On the day of the incident, he was not at home and his wife bathed the three dogs (a
mother and 2 puppies) and placed them in the screened in lanai while she left the house to
go to the store.
• While she was gone, the dogs broke through the lanai screening and ran into the
neighbor's yard.
• The dogs ripped through the screening, as it is common in the neighborhood for other
dogs to run at large and visit the dogs exciting them.
• His wife, does not speak English was signed for the citation unbeknownst of the
ramifications of the penalties associated.
• No warning was given, the owners of the other dogs running at large were not issued a
citation.
• He requested the fines be reduced or waived.
Officer Zeitler testified:
August 3, 2012
• He responded to a call placed by the Collier County Sheriff's Department on dogs
running at large.
• When he arrived at the scene, he observed the dogs in question (an adult female and 2
puppies weighing approximately 40 pounds) unleashed, off of the Respondents property.
• He apprehended the dogs and placed them in his vehicle and determined ownership.
• No other dogs were observed running at large.
• Domestic Animal Control officers have previously responded to the scene in April, May,
and June of 2012 and warned the respondent to correct the problem of his dogs running
at large.
• The dogs were not licensed or vaccinated.
• Upon determining the ownership, Mr. Hubb's wife and son arrived home and he spoke to
her via translation by their 13 year old son.
• She signed the citation as "recipient" of the document.
• He issued citations for a "minimal" infraction (dogs running at large) and did not issue
any citations for unlicensed or unvaccinated animals, or impounded the animals which
could have resulted in greater costs to the Respondent.
After hearing the testimony, the Special Magistrate found the Respondent GUILTY of the
alleged violation and ordered them to pay costs in the amount of $371.00.
Total Amount Due: $371.00
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
Investigator Addison represented the County and requested a continuance in the case.
The Special Magistrate CONTINUED the case.
VI. NEW BUSINESS
Motion for Imposition of Fines
2. 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
Supervisor Mucha presented the case noting the violation has been abated and recommended
the fines be waived.
Daniel Osborne was present.
Abatement Date: 7/6/12
Fine Amount: $100.00 /day
Duration: 6/7/12 — 7/6/12 (30 days)
Total Fine Amount: $3,000.00
Total to Date: $3,000.00
August 3, 2012
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
(Cases 4 and S were combined)
4. 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
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
Investigator Athey represented the County.
Pascale Achille of Panza, Maurer & Maynard, P.A. represented the Respondent and reported
the bank has foreclosed on the property, however an appeal is pending so the bank is not in a
position to enter the property to abate the violations. There is a hearing scheduled for August 22,
2012 on the appeal. She requested an continuance in both cases until the matter is resolved.
Investigator Athey stated the violations do not constitute a health, safety and welfare issue.
The Special Magistrate CONTINUED the cases indefinitely.
12. 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 and Supervisor Snow presented the case noting the violation has not been
abated.
Special Magistrate Order: No. 4789 - Page: 1342
Fine Amount: $100.00 /day
Duration: 7/7/12 — 8/3/12 (28 days)
Total Fine Amount: $2,800.00
Total to Date: $2,800.00
Jerry Gardner, RMC Property Group represented the Respondents and reported tenants
undertook the alterations and are no longer leasing the space.
Supervisor Snow reported the owner is in the process of abating the violations.
August 3, 2012
The Special Magistrate CONTINUED the case until the next hearing.
Break: 1 1:08 a.m.
Reconvened: 11:58 a.m.
V. PUBLIC HEARINGS - (Continued)
B. Hearings
7. CASE NO:
PU4536- CEEX20120009847
OWNER:
CHILE CALIENTE LLC
OFFICER:
INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS:
CODE OF LAW & ORD. 2005 -54, SEC. 19, E, 2,3
NO COMMERCIAL SOLID WASTE SERVICE
FOLIO NO:
25630440002
VIOLATION ADDRESS: 204 BOSTON AVENUE, IMMOKALEE
Investigator Sanchez represented the County and reported the property in question is a
commercial establishment with "on again, off again " refuse service.
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 7/18/12
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
2. Pay operational costs in the amount of $50.00 incurred in the prosecution of the case, a
fine in the amount of $500.00 and an Administrative Fee of $5.00 for a total amount due
of $555.00.
Total Amount Due: $555.00
17. CASE NO: CEPM20120003507
OWNER: ELEANOR D. VANDER MEIDEN
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 68391280005
VIOLATION ADDRESS: 346 EDGEMERE WAY N, NAPLES
Date of Hearing Notice by Certified Mail: 7/18/12
Date of Hearing Notice Property /Courthouse Posting: 7/17/12
Investigator Box presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo
The violation remains as of 8/3/12.
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 September 3, 2012.
August 3, 2012
2 Chemically treat the pool water to kill the algae and provide bi weekly treatments to
maintain clean pool water and filtration system on or before August 10, 2012 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter or;
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards on or before August 10, 2012 or a fine of $250.00 per day will
be imposed for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
5. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
19. CASE NO: CEPM20120005148
OWNER: MARK L. SZUREK
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(15). A POOL WITH ALGAE GROWTH.
FOLIO NO: 53000160007
VIOLATION ADDRESS: 2305 KINGS LAKE BLVD, NAPLES
Date of Hearing Notice by Certified Mail: 7/18/12
Date of Hearing Notice Property /Courthouse Posting: 7/20/12
Investigator Asaro presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 4/6/12
The violation remains as of 8/3/12.
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 $112.56 incurred by Code Enforcement during the
prosecution of the case on or before September 3, 2012.
2. Chemically treat the pool water to kill the algae and provide bi weekly treatments to
maintain clean pool water and filtration system on or before August 10, 2012 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter or;
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards on or before August 10, 2012 or a fine of $250.00 per day will
be imposed for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
9
August 3, 2012
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
5. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.3 8
20. CASE NO:
CEPM20120006156
OWNER:
PETE'S TRAILER PARK INC.
OFFICER:
INVESTIGATOR CRISTINA PEREZ
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
Date of Hearing Notice by Certified Mail: 7/18/12
Date of Hearing Notice Property /Courthouse Posting: 7/26/12
Supervisor Perez presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 7/11/12
The violation remains as of 8/3/12.
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 $112.82 incurred in the prosecution of the case by
September 3, 2012.
2. Abate all violations by obtaining all required Collier County Building Permits) and
required inspections and Certificate of Occupancy /Completion to make the premise
habitable or, obtain all Collier County Demolition Permits) and demolish the structure
and disposing of debris in a suitable manner on or before August 17, 2012 or a fine of
$150.00 per day will be imposed until the violation has been abated thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.82
21. CASE NO: CENA20120009734
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
10
OFFICER: INVESTIGATOR JIM KINCAID August 3, 2012
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 55402400004
VIOLATION ADDRESS: 451 TORREY PINES POINT, NAPLES
Date of Hearing Notice by Certified Mail: 7/20/12
Date of Hearing Notice Property /Courthouse Posting: 7/20/12
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 6/26/12
Composite Exhibit B: 2 photos dated 8/2/12
The violation remains as of 8/3/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of $112.56 incurred in the prosecution of the case by
September 3, 2012.
2. Abate all violations by mowing all weeds, grass or similar non protective overgrowth in
excess of 18 inches to a height of no more than 6 inches by August 10, 2012 or pay a fine
of $50.00 a day that the violation remains unabated thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the workweek. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines: (Continued)
1. CASE NO: CENA20120000461
OWNER: 4500 30TH AVE SW TRUST
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS OVER 18 INCHES IN HEIGHT.
FOLIO NO: 36002880001
VIOLATION ADDRESS: 4500 30TH AVENUE SW, NAPLES
Date of Hearing Notice by Certified Mail: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/18/12
The Respondent was not present.
11
August 3, 2012
Supervisor Bosa presented the case noting the violation has been abated by the County and
requested the fines be waived as the Operational and Abatement Costs have been paid.
Fine Amount: $50.00 /day
Duration: 3/10/12 — 4/24/12 (46 days)
Total Fine Amount: $2,300.00
Total to Date: $2,300.00
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
6. CASE NO: CEV20120000968
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND 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: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/19/12
The Respondent was not present.
Investigator Snow presented the case noting the violation has been abated
Unpaid Operational Costs: $112.47
Total to Date: $112.47
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $112.47 Said amount to
become a lien on the property.
7. CASE NO: CEAU20120002734
OWNER: ANNE PARKER
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED,
SECTION 5.03.02 (F)(3). A FENCE IN DISREPAIR.
FOLIO NO: 36435400003
VIOLATION ADDRESS: 5236 31ST PLACE SW, NAPLES
Date of Hearing Notice by Certified Mail: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/18/12
The Respondent was not present.
Investigator Box presented the case noting the violation has not been abated.
Fine Amount: $100.00 /day
Duration: (46 days)
Total Fine Amount: $4,600.00
Unpaid Operational Costs: $112.29
Total to Date: $4,712.29
12
August 3, 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 $4,71Z29. Said amount to
become a lien on the property with fines continuing to accrue.
CASE NO: CESD20120001635
OWNER: JOSE LANDIN - GARCIA AND MARIA LANDIN - GARCIA
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a) . TWO UNPERMITTED SHEDS IN REAR YARD OF RESIDENTIAL
PROPERTY.
FOLIO NO: 62153160000
VIOLATION ADDRESS: 5229 HOLLAND STREET, NAPLES
Date of Hearing Notice by Certified Mail: 1
Date of Hearing Notice Property /Courthouse Posting: 1
The Respondents were not present.
Supervisor Snow presented the case noting the violation has not been abated.
Fine Amount: $100.00 /day
Duration: 6/19/12 — 8/3/12 (46 days)
Total Fine Amount: $4,600.00
Unpaid Operational Costs: $112.29
Total to Date: $4,712.29
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $4,712.29. Said amount to
become a lien on the property with fines continuing to accrue.
9. CASE NO: CEPM20120001961
OWNER: JOSE LANDIN - GARCIA AND MARIA LANDIN - GARCIA
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22- 231(12)( c) AND (r). BLUE TARP COVERING ROOF AND GUTTERS, AND
DOWNSPOUTS IN A STATE OF DISREPAIR.
FOLIO NO: 62153160000
VIOLATION ADDRESS: 5229 HOLLAND STREET, NAPLES
Date of Hearing Notice by Certified Mail: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/19/12
The Respondents were not present.
Supervisor Snow presented the case noting the violation has not been abated.
Fine Amount: $250.00 /day
Duration: (46 days)
Total Fine Amount: $11,500.00
Unpaid Operational Costs: $112.29
Total to Date: $11,612.29
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 $11,612.29. Said amount
to become a lien on the property with fines continuing to accrue.
10. CASE NO: CEPM20110012536
13
OWNER: PHILLIP B. WHITE AND JANET IRENE NEBUS August 3, 2012
OFFICER: INVESTIGATOR STEVE ATHEY
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
Date of Hearing Notice by Certified Mail: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/18/12
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated.
Abatement Date: Part 13: 3/1/12 (no fines associated)
Part C: 6/12/12
Fine Amount: Part C: $100.00 /day
Duration: (37 days)
Total Fine Amount: $3,700.00
Unpaid Operational Costs: $112.73
Unpaid Abatement Costs: $1,200.00
Total to Date: $5,012.73
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $5,012.73. Said amount to
become a lien on the property.
11. CASE NO: CENA20110009062
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS, LITTER, AND EXOTICS, SECTION 54- 186(a) AND
UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54 -181. WEEDS AND GRASS
IN EXCESS OF 18 INCHES AROUND THE 30 FT PERIMETER OF THE HOME AND
LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, AUTO PARTS, METAL,
PLASTIC, WOOD, GENERAL DEBRIS, ETC.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W, NAPLES
Date of Hearing Notice by Certified Mail: 7/19/12
Date of Hearing Notice Property /Courthouse Posting: 7/17/12
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated.
Fine Amount: $100.00 /day
Duration: (231 days)
Total Fine Amount: $23,100.00
Unpaid Abatement Costs: $1,275.00
Unpaid Operational Costs: $112.38
14
August 3, 2012
Total to Date: $24,487.38
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 $24,487.38. Said amount
to become a lien on the property.
VII. OLD BUSINESS
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 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: September 7, 2012 at 9:00 A.M. located at the Collier County Government
Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:26 PMM,
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
r
r
nda Garre n, pedal Magistrate
The Minutes we, approved by the Special Magistrate onY3`
as presented '✓ , or as amended
15