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CESM Minutes 05/18/2012 May 18, 2012 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATERECEIVED JUL 122012 Naples, Florida, May 18, 2012 Board of County Commissioners 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 D. r Hiller Henning Coyle ✓ Coletta �G- ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc. Corres: Date: 1IIII12 Item#:I Lc.Z 2 lc; Copies to: 1 May 18, 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 .t. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:05 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: 9:17am Reconvened: 9:30am 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 case was moved to Item IV.B—Motion for Continuance: • #3 - CASE NO: CESD20110006092 - WILLIAM NORALES AND MARIA NORALES Under Item IV.0—Motion for Extemsion of Time,the following case was added: • #1 —CASE NO: CESD20110004309—OMAR TAVERAS Under Item V.B—Hearings, the following cases were withdrawn: • #1 - CASE NO: S0155005-CEEX20120005028 - EILEEN T. MCDONALD • #2 - CASE NO: S0174787-CEEX20120005311 - LISABETH BETTEN • #3 - CASE NO: PR046338-CEEX20120005656 - PAUL EIDSNESS • #5 - CASE NO: PR047943-CEEX20120005077 - ALVARO MARTINEZ AND ELSA MARTINEZ • #14 - CASE NO: CESD20110012150 -ELIAS R. RAMIREZ AND SARITA M. RAMIREZ The Special Magistrate approved the Agenda as modified III. APPROVAL OF MINUTES—April 6,2012 The minutes of the April 6, 2012 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction/Abatement of Fines None B. Motion for Continuance 3. CASE NO: CESD20110006092 OWNER: WILLIAM NORALES AND MARIA NORALES 2 May 18, 2012 OFFICER: INVESTIGATOR PATTI PETRULLI VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).PERMIT 2004030870 FOR PLANK SIDING AND 2001050959 FOR A RE- ROOF HAS EXPIRED BEFORE OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION. FOLIO NO: 47871680007 VIOLATION ADDRESS: 3750 GUILFORD ROAD,NAPLES Investigator Snow represented the County stating he had no objection to the request and recommended it be granted for a term of 60 days. Maria Norales was present. The Special Magistrate GRANTED the motion and CONTINUED the case until July 18, 2012. C. Motion for Extension of Time #1 —CASE NO: CESD20110004309—OMAR TAVERAS Investigator Short represented the County stating he had no objection to the request. Mr. Tavares was not present. The Special Magistrate GRANTED the motion for an Extension of Time in until July 18, 2012. V. PUBLIC HEARINGS A. Stipulations None B. Hearings 6. CASE NO: PR048085-CEEX20120005932 OWNER: ROBERT DUCHARME OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CONNER PARK,NAPLES Park Ranger Araquistain represented the County. Robert Ducharme was present. Composite Exhibit A: 2 photos dated 5/17/12—west entrance Conner Park Exhibit B: 1 photo dated 5/17/12—east entrance of Conner Park Exhibit C: 1 Aerial photograph of the area. (Exhibit B and C labeled "Composite Exhibit D") Mr. Ducharme testified: • On the day of the incident he dropped off a family member at the beach and returned to park at Conner Park. • He pulled into the west entrance of the Park, as you enter, there is no notification the lot is a"paid parking lot". • When he returned from the beach, he noticed he was cited for failure to display paid parking receipt. • Upon investigation, he determined there is signage directing patrons to an automated pay for parking facility further easterly toward the middle of the parking lot. • He did not see the signage when he parked. 3 May 18, 2012 • Even the signage at the east end is confusing with no notification of a"paid parking lot." The signage simply has an arrow inside the east entrance and states "pay here"directing patrons to the automated pay facility. • In his opinion,there is not proper public notification the area is restricted for paid parking patrons and the citation should be dismissed. Ranger Araquistain testified: • There are several signs within the parking lot which notify parties the lot requires a paid fee for parking. • It is up to the patrons to review all signage within the parking lot when parking to determine the necessary rules for parking. The Special Magistrate, after reviewing the evidence determined the public is not given sufficient notice for the terms of parking due to inadequate signage at the entrances to the facility. The Special Magistrate found the Respondent NOT GUILTY of the citation for failure to display a paid parking receipt. 7. CASE NO: DAS12150-CEEX20120005862 OWNER: CLAYTON FRESHOUR OFFICER: OFFICER A.DOHERTY VIOLATIONS: CODE OF LAW&ORD.2008-51, SEC. 14-33(A)(10) DOG CONFINED TO VEHICLE WITHOUT SUFFICIENT AIR EXCHANGE VIOLATION ADDRESS: 7101 RADIO ROAD,NAPLES Officer Doherty represented the County. Clayton Freshour was present. Mr. Freshour tesfified: • On April 3, 2012, he parked his van at the Berkshire Commons to patronize a retail establishment and left his dog in the car. • He intended to be away from the vehicle approximately 10 minutes. • He left the cab of the van in a"cool"condition and to assist in proper ventilation, he lowered a window in the vehicle approximatley 1/4 of the way. • The temperature was in the"80's" and he did not leave water for the animal to drink. • The service took longer than intended and he returned to his car after being gone less than 20 minutes. • When he arrived at the vehicle, an Officer from the Collier County Sheriff's Department was present with a Domestic Animal Services Officer. • In his opinion,the citation should be dismissed as he left the window down with proper ventillation, and he was not away from the vehicle more than 20 minutes. Officer Doherty testified: • On the day of the incident, at 4:06 pm, the Collier County Sheriff's Office received a call from a concerned citizen notifying them a dog had been left in a vehicle for an extended period of time. • A Collier County Sheriff was dispatched and arrived at the scene at 4:12 pm. • At 4:13 pm, Domestic Animal Services was notified of the situation with Officer Doherty arriving at 4:26 pm. 4 May 18, 2012 • Mr. Freshour arrived at the scene at 4:31 pm with the dog being left unattended in the vehicle for at least 26 minutes. • She could not ascertain the exact temperature inside the cab, the temperature outside was 85 degrees, based on accepted physics, the temperature inside the vehicle would have been between 105 degrees and 120 degrees within 30 minutes of leaving the vehicle in the parked position. • She observed the dogs respiratory rate at over 60 breaths per minute with an average dogs rate being 15 —25 breaths per minute. • Based on the facts garnered the day of the incident, a citation was issued for a violation of the Ordinance - CODE OF LAW& ORD. 2008-51, SEC. 14-33(A)(10) It shall be unlawful for the owner of an animal to allow or permit his or her animal: - To be confined in an unattended motor vehicle without sufficient ventilation or under other conditions for such periods of time as may endanger the health and/or physical well- being of the animal due to heat, lack of potable water, or such other circumstances as may reasonably cause suffering, disability, or death to the animal. The Special Magistrate found the Respondent "GUILTY"of the violation and ordered him to pay a $100.00 fine, Operational Costs in the amount of$50.00 and an Adiministrative Fee of $7.00 for a total amount of$157.00 by July 18, 2012. Total Amount Due: $157.00 17. CASE NO: CEEX20120006958 OWNER: MARIA ELVIA TAMAYO OFFICER: INVESTIGATOR ANIER MARRERO VIOLATIONS: COLLIER COUNTY ORDINANCE 2008-51, AS AMENDED, SECTION 767.13 DANGEROUS DOG FOLIO NO: 62646040006 VIOLATION ADDRESS: 553 98`h AVE.N.NAPLES, FL Investigator Marrero represented the County. Maria Tamayo was present noting she was appealing the County's decision to deem her dog a "Dangerous Dog. " Investigator Marrero testified: • On April 7, 2012 he was notified the dog in question has severely injured a domestic animal while off the owner's property. • Upon investigation it was determined, as a result of the attack the victim was a dog who received serious injuries which required surgery. • He provided photos of the injuries, affidavits from neighbors and a reports from the veterinarian. Ms. Tamayo testified: • She has not seen the photographs or affidavits to be entered as evidence. The case was recessed at 10:25 am so the parties could review evidence presented in the case. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20100020107 OWNER: O'NEILL PARTNERS LLC OFFICER: INVESTIGATOR JONATHAN MUSSE 5 May 18, 2012 VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION 10.02.06(B)(1)(a) . GARAGES IN DUPLEX HAVE BEEN CONVERTED TO EFFICIENCIES, ADDING PLUMBING AND ELECTRIC WITHOUT PERMITS. FOLIO NO: 36110200007 VIOLATION ADDRESS: 5000 24TH AVENUE SW,NAPLES Investigator Musse presented the case noting the violation has been abated. Mr. 0 `Neill was present. Abatement Date: 4/25/12 Special Magistrate Order: (Original) 8/5/11 - No: 4712. —Page 409 (Continuance) 2/3/12—No. 4765 —Page 438 (Continuance) 4/6/12 —No. 4789—Page 1358 Fine Amount: $200/day Duration: 12/6/11 —4/25/12 (142 days) Total Fine Amount: $28,400.00 Total to Date: $28,400.00 The Special Magistrate DENIED the County's Motion for Imposition of Fines. Break: 10:30 am Reconvened: 10:55 am V. PUBLIC HEARINGS (continued) B. Hearings 17. CASE NO: CEEX20120006958 OWNER: MARIA ELVIA TAMAYO OFFICER: INVESTIGATOR ANIER MARRERO VIOLATIONS: COLLIER COUNTY ORDINANCE 2008-51,AS AMENDED, SECTION 767.13 DANGEROUS DOG FOLIO NO: 62646040006 VIOLATION ADDRESS: 553 98th AVE.N.NAPLES,FL The case was resumed. Investigator Marrero testified: • In addition to the incident he received several affidavits of the perpertrator running at large before and after the incident, including a report to the County the dog was running at large on April 25, 2012. • It is the owner's responsibility to ensure an animal is confined on their property, or on a leash if it is off the property. • Based on the results of his investigation, the dog was declared a"Dangerous Dog." The photos and affidavits provided were accepted as evidence by the Special Magistrate. Ms. Tamayo testified: • Her dog is normally well behaved, however the dog has an issue with the victim as it torments the dog by constantly barking at it. • Her dog was tethered in the yard, however the lawn maintenance service personel had removed the anchoring device and replaced it loosely unbeknownest to her. • During a dog walk, while the victim was in front of her house, her dog pulled the tether loose and attacked the victim. 6 May 18, 2012 • The victim is also an aggressive dog and provoked her dog in front of her house and her dog reacted to protect her terrirory. • She provided a photo of her dog playing with another small dog and a favorable affidavit from a neighbor. Lisa Gonsalez, Ms. Tamayo's daughter testified she resides nearby and when the dog runs loose, it is for the purposes of going directly to her residence. She owns a small dog which Ms. Tamayo's dog plays with, without incident. Investigator Marerro testfied: • Following the incident, at a later date, in the course of completing his investigation he was able to approach and make contact with the victim. • He could not approach or make contact with the perpetrator. • The decision to deem the dog a"Dangerous Dog" was primarily based on the dog inflicting serious injuries on another dog while off of the owner's property. The Special Magistrate DENIED Ms. Tamayo's appeal of the County's decision to deem her dog a "Dangerous Dog." 4. CASE NO: PR047977-CEEX20120005138 OWNER: DILLON MALONEY OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT WITH PROPER DATE VIOLATION ADDRESS:951 BOAT RAMP,NAPLES Date of Hearing Notice by Certified Mail: 4/23/12 Ranger Maunz presented the case. The Respondent was not present. Ranger Maunz testified photos were unavailable, however their was a violation observed with a citation issued. The Special Magistrate found the Respondent GUILTY of the violation and ordered him to pay a $30.00 fine, $50.00 Operational Costs and a $5.00 Administrative Fee for a total amount of$85.00 by June 18, 2012. 8. CASE NO: CEPM20110016621 OWNER: SABAL PALM DEVELOPMENT LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: DANGEROUS BUILDING NOTICE OF VIOLATION,COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, SECTION 22- 234(3),METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS 22-236 . ROOF ON THE BUILDING IS DILAPIDATED AND COLLAPSING. FOLIO NO: 142680003 VIOLATION ADDRESS: 15450 TAMIAMI TRAIL N,NAPLES Date of Hearing Notice by Certified Mail: 4/24/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 Investigator Connetta presented the case. The Respondent was not present. 7 May 18, 2012 Evidence entered: Exhibit A: 1 photo dated 4/29/11 Exhibit B: 1 photo dated 3/15/12 The violation remains as of May 18, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$112.64 incurred in the prosecution of the case by June 18, 2012. 2. Abate all violations by obtaining all required Collier County Demolition Permit(s) and required inspections and Certificate of Completion by May 25, 2012 or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.64 9. CASE NO: CEPM20120001 143 OWNER: SARAH JANE HORNER OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COMPLIANCE WITH HOUSING STANDARDS,COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(d), (12)(m),(12)(n), (12)(p),(12) (q),(19)(1),(12)(c) . NUMEROUS PROPERTY MAINTENANCE VIOLATIONS AT THIS VACANT MOBILE HOME. FOLIO NO: 1206680003 VIOLATION ADDRESS: 20 EGRET LANE,NAPLES Date of Hearing Notice by Certified Mail: 4/20/12 Date of Hearing Notice Property/Courthouse Posting: 4/21/12 Investigator Seabasty presented the case. He reported the Respondent is not contesting the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 9 photos dated 1/24/12. The violation remains as of May 18, 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$112.82 incurred in the prosecution of the case by June 18, 2012. 2. Abate all violations by obtaining all required Collier County Permits,Inspections, and Certificate of Completion for repairs or obtain a Collier County Demolition Permit(s) and 8 May 18, 2012 demo the mobile home,pass all required inspections and Certificate of Completion by May 25, 2012 or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.82 10. CASE NO: CEPM20120001144 OWNER: SARAH JANE HORNER OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COMPLIANCE WITH HOUSING STANDARDS, COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(d),(12)(m),(12)(n),(12)(p),(12) (q), (19)(1), (12)(c). NUMEROUS PROPERTY MAINTENANCE VIOLATIONS AT THIS VACANT MOBILE HOME FOLIO NO: 1205760005 VIOLATION ADDRESS:21 EGRET LANE,NAPLES Date of Hearing Notice by Certified Mail: 4/20/12 Date of Hearing Notice Property/Courthouse Posting: 4/21/12 Investigator Seabasty presented the case. He reported the Respondent is not contesting the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 9 photos dated 1/24/12. The violation remains as of May 18, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 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$112.73 incurred in the prosecution of this case by June 18, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), Inspections, and Certificate of Completion for repairs, or obtain a Collier County Demolition Permit(s) and demo the mobile home,pass all required inspections and Certificate of Occupancy/Completion by May 25, 2012 or a fine of$250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 9 May 18, 2012 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.73 11. CASE NO: CEPM20110003436 OWNER: KEVIN W. CARTER AND JENNIFER F.CARTER OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). POOL WATER IS BLACK IN COLOR, STAGNANT,AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 51393480001 VIOLATION ADDRESS: 1910 IMPERIAL GOLF COURSE BLVD,NAPLES Date of Hearing Notice by Certified Mail: 4/24/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 5/5/11 Composite Exhibit B: 2 photos dated 3/12/12 The violation remains as of May 18, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before June 18, 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 May 25, 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 May 25, 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 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: $112.38 12. CASE NO: CESD20120001635 OWNER: JOSE LANDIN-GARCIA AND MARIA LANDIN-GARCIA OFFICER: INVESTIGATOR JIM KINCAID 10 May 18, 2012 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: 4/24/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 Investigator Kincaid presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 2 photos dated 2/2/12 Composite Exhibit B: 1 photo dated 5/17/12 The violation remains as of May 18, 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 June 18, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion by June 18, 2012 or a fine of$100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 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: $112.29 13. 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: 4/24/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 Investigator Kincaid presented the case. The Respondents were not present. Evidence entered: Exhibit A: 1 photo dated 2/2/12 II May 18, 2012 Exhibit B: 1 photo dated 5/17/12 The violation remains as of May 18, 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 June 18, 2012. 2. Abate all violations by obtaining all applicable Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion to repair or replace the roof, any damaged components of the roof system, and repair or replace the gutters and downspouts by June 18, 2012 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 15. 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)(i)AND SECTION 22-231(12)(c). WINDOWS BROKEN IN GARAGE DOOR AND THE SOFFIT IS FALLING DOWN. FOLIO NO: 62423160002 VIOLATION ADDRESS: 789 107TH AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 Investigator Pulse presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 3 photos dated 9/16/11 Exhibit B: 1 photo dated 2/1/12 The violation remains as of May 18, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$112.47 incurred in the prosecution of the case by June 18, 2012. 2. Abate all violations by repairing the damaged window panes on the garage door and repair the damaged soffit areas by May 25, 2012 or a fine of$250.00 per day will be imposed until 12 May 18, 2012 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 Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.47 16. CASE NO: CEAU20120002734 OWNER: ANNE PARKER OFFICER: INVESTIGATOR CARMELO GOMEZ 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: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 4/26/12 Investigator Gomez presented the case. Evidence entered: Exhibit A: 1 photo dated 3/22/12 The violation remains as of May 18, 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 this case by June 18, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), and/or Collier County Demolition Permits and required inspections and Certificate of Occupancy/Completion to permit the fence or remove the fence by June 18, 2012 or a fine of$100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 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: $112.29 C. Emergency Cases: None 13 May 18, 2012 VI. NEW BUSINESS (continued) A. Motion for Imposition of Fines: 2. CASE NO: CEPM20110010983 OWNER: LIZETTE B. ABORLLEILE ESTATE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: 2007 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17. POOL WITHOUT A FENCE OR SAFETY BARRIER. FOLIO NO: 37010480007 VIOLATION ADDRESS:441 15th STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 5/2/12 The Respondents were not present. Investigator Ambach presented the case noting the violation has been abated. Fine Amount: $250.00/day Duration: 111 days Total Fine Amount: $27,750.00 Unpaid Abatement Costs: $1,431.00 Unpaid Operational Costs: $112.47 Total to Date: $29,293.47 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$29,293.47. Said amount to become a lien on the property. 4. CASE NO: CEPM20110014961 OWNER: US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-16 TRUST FUND OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-228, SECTION 22-231(12)(c). CEILING IN LANAI/POOL AREA IS COLLAPSING DUE TO LACK OF MAINTENANCE.APPARENT ROOF DAMAGE AND LACK OF MAINTENANCE. FOLIO NO: 27632440008 VIOLATION ADDRESS:378 EGRET AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 The Respondents were not present. Investigator Pulse presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 4/3/12—5/18/12 (46 days) Total Fine Amount: $ 11,500.00 Unpaid Operational Costs: $112.47 Total to Date: $11,612.47 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$11,612.47. Said amount to become a lien on the property with fines continuing to accrue. 14 May 18, 2012 5. CASE NO: CEROW20110014889 OWNER: RONALD TALERICO OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROAD AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(a). DRAINAGE SWALE IN REAR OF PROPERTY HAS BEEN FILLED IN WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTIONS. FOLIO NO: 53125000550 VIOLATION ADDRESS:262 KIRTLAND DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 The Respondents were not present. Investigator Connetta presented the case noting the violation has not been abated. Fine Amount: $200.00/day Duration: 4/21/12— 5/18/12 (28 days) Total Fine Amount: $5,600.00 Unpaid Operational Costs: $200.00 Total to Date: $5,800.00 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$5,800.00. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CEPM20120000872 OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-228(1). ELECTRIC LIGHT POLE AT FRONT OF PROPERTY IN STATE OF DISREPAIR. FOLIO NO: 55402400004 VIOLATION ADDRESS:451 TORREY PINES POINT,NAPLES Date of Hearing Notice by Certified Mail: 4/25/12 Date of Hearing Notice Property/Courthouse Posting: 4/27/12 The Respondents were not present. Investigator Snow presented the case noting the violation has not been abated. Fine Amount: $250.00 /day Duration: 4/21/12—5/18/12 (28 days) Total Fine Amount: $7,000.00 Unpaid Operational Costs: $112.47 Total to Date: $7,112.47 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$7,112.47. Said amount to become a lien on the property with fines continuing to accrue. C. Rules and Regulations Review The Special Magistrate reported she has reviewed the Rules and Regulations and recommends no changes be made at this time. 15 May 18, 2012 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: June 1, 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 12:09 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 14 B • la Garretsoii, pecial Magistrate The Minutes were approved by the Special Magistrate on 3a..‘ 5 JO\'), , as presented V , or as amended 16