CESM Minutes 06/01/2012 June 1, 2012
MINUTES OF THE HEARING OF THE RECEIVED
COLLIER COUNTY SPECIAL MAGISTRATE JUL 12 2012
Board of County Commissioners
Naples, Florida, June 1, 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 ✓
Colette 7c%
Misc. Comes:
Date: °t I t i i t 2
Item#: I
Copies to:
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
June 1, 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: 9:1 Sam
Reconvened: 9:39am
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 cases were moved to V.A- Stipulations:
• #16-CASE NO: CESD20110014694-RUBEN M.VALDEZ AND ELIZABETH V.VALDEZ
Under item V.B-Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0142623-CEEX20120006624-RICHARD E.FLEISHER
• #3 -CASE NO: SO178774-CEEX20120007520-ANDREW SEIBOLD
• #5 -CASE NO: PR048320-CEEX20120006358-PV HOLDING CORP
• #6-CASE NO: DAS12598-CEEX20120005864- STEVEN FOX
• #7-CASE NO: CEPM20120006379-DENNIS WOLFE AND ROBERTA WOLFE
• #10-CASE NO: CEV20120000317-DAVID BURNS AND ELLEN A.BURNS
• #13 -CASE NO: CEAU20110015846-KEVIN R.RUARK
Under item V.0-Emergency Cases, the following cases was added:
• #1 -CASE NO: CEPM20120007772-LINDA H AND WILLIAM D. HAINES
Under VI.A -Motion for Imposition of Fines,the following case was withdrawn:
• #1 - CASE NO: CEPM20080016475 - SAN JANIE TREVINO AND GUADALUPE MARTINEZ
Under item VII.A-Motion to Rescind Previously Issued Order, the following case was added:
• #1 -CASE NO: CEPM201 1001 1725 -NORMAN C.PARTINGTON
The Special Magistrate approved the Agenda as modified
III. APPROVAL OF MINUTES
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June 1, 2012
None
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
16. CASE NO: CESD20110014694
OWNER: RUBEN M.VALDEZ AND ELIZABETH V.VALDEZ
OFFICER: INVESTIGATOR MAMA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(a). A SHED IN THE REAR OF THE PROPERTY AND A
CARPORT ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 77162200001
VIOLATION ADDRESS: 1203 N 18TH STREET, IMMOKALEE
Investigator Rodriguez requested the hearing.
The Stipulation was entered into by Elizabeth Valdez on May 25, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.20 incurred in the prosecution of this
case by October 1, 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 October 1, 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. Notes 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
using any method to bring the violation into compliance and may use the assistance
of the Collier County Sheriff's Office to enforce the provisions of this agreement
and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.20
B. Hearings
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June 1, 2012
2. CASE NO: S0174831-CEEX20120006327
OWNER: DOUGLAS LAVINE
OFFICER: DEPUTY SIEGEL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE, PARKED ON STRIPED LINES
VIOLATION ADDRESS: WALMART,JULIET DRIVE,NAPLES
Deputy Keller represented the County.
Douglas Lavine was present.
County Evidence: Exhibit A: 1 photo dated 4/11/12
Mr. Lavine testified:
• On April 11, 2012 he parked his motorcycle in the striped area of a handicapped
parking space.
• He possesses a"handicap parking tag" displayed on the license plate of the
motorcycle.
• As a courtesy, he parked in the area in an attempt to "not totally occupy"the
handicap space so another handicapped vehicle could have access to the space.
• He was unaware it was unlawful to park in the striped area of a handicap space.
Deputy Keller testified:
• Deputy Siegal issued the citation and was not available to present evidence at the
hearing.
• He is not aware of the exact circumstances of the events as he was not on scene
the day of the incident.
The Special Magistrate found Mr. Lavine NOT GUILTY of the violation due to
Deputy Keller being unavailable for cross examination by the Respondent.
9. CASE NO: CEPM20120001710
OWNER: JENNIFER BONACKI
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(12)(p)AND 19. MOLD GROWING ON
THE INTERIOR WALLS AND BASEBOARDS OF A VACANT CONDO.
FOLIO NO: 51080001984
VIOLATION ADDRESS:2456 MILLCREEK LANE,UNIT 103,NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/17/12
Investigator Mcgonagle presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 4 photos dated 2/8/12
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June 1, 2012
The violation remains as of June 1, 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$112.56 incurred in the prosecution of the
case by July 1, 2012.
2. Abate all violations by making the premise habitable by treating and removing all
mold to maintain the vacant or unoccupied unit in a sanitary condition and
obtaining all required Collier County Building Permit(s), or Collier County
Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by June 8, 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: $112.56
4. CASE NO: PR048094-CEEX20120006062
OWNER: CHRISTINE O'NEIL AND TOM CHMELIK
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION ADDRESS:VANDERBILT GARAGE,NAPLES
Ranger Araquistain represented the County.
Mr. Chmelik was present.
Respondent evidence entered: Composite Exhibit A: 5 photos
Mr. Chmelik testified:
• He entered theVanderbilt Beach parking garage on a busy day, the entrance sign
and parking attendant indicated their were vacancies in the garage.
• While attempting to locate a vacant parking space, he proceeded to the top level
and determined that no spaces were available.
• He observed an area where there was no signage restricting parking,the area
wasn't"striped"notifying the public of any restrictions.
• He parked in the area in question and when he returned he had been issued a
citation for parking in an unlawful area.
• He provided photographs of other County facilities that are clearly marked by
signage or"striping"where parking is not permitted.
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June 1, 2012
• He stated that the County didn't provide adequate notice that the area is restricted
from parking and requested the citation be dismissed.
Ranger Araquistain testified:
• All parking spaces in the facility are clearly deliniated for use.
• The area is not deliniated and the concern is parties park in the area impeding
traffic flow.
• Parking is allowed in the "designated and established areas only." This area isn't
designated for parking.
The Special Magistrate found the County does not provide adequate public notice the
area in question is a "no parking area"and found the Mr. Chmelik NOT GUILTY of
parking in an unlawful area.
8. CASE NO: CEPM20120002331
OWNER: JOHN MACDONALD
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 SUBSECTIONS 12b, 12p, 12q,AND 19. SEVERAL
INTERIOR WALLS THAT HAVE BEEN DAMAGED, AND TERMITE
INFESTATION THAT HAS CAUSED DAMAGE TO THE INTERIOR OF THE
HOME, WOOD SIDING ON THE EXTERIOR,AND TO A SUPPORT BEAM FOR
THE CARPORT.
FOLIO NO: 35773840009
VIOLATION ADDRESS:2248 45TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/1 6/12
Date of Hearing Notice Property/Courthouse Posting: 5/18/12
Investigator Mucha presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 2/16/12
Composite Exhibit B: 2 photos dated 2/21/12
The violation remains as of June 1, 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 July 1, 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 October 1, 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
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June 1, 2012
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
VII. OLD BUSINESS
A. Motion to Rescind Previously Issued Order:
1. CASE NO: CEPM20110011725
OWNER: NORMAN C.PARTINGTON
FOLIO NO: 38168160003
VIOLATION ADDRESS: 5761 GOLDEN GATE PARKWAY,NAPLES,FL 34112
The Special Magistrate reviewed the request and GRANTED the County's Motion to
Rescind a Previously Issued Order.
V. PUBLIC HEARINGS—(Continued)
A. Hearings
11. CASE NO: CEPM20120003671
OWNER: NORMAN C.PARTINGTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(12)(i). UNSECURED PROPERTY WITH
BROKEN WINDOWS AND DAMAGED EXTERIOR DOORS.
FOLIO NO: 38168160003
VIOLATION ADDRESS: 5761 GOLDEN GATE PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/21/12
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 2/22/12
Exhbiti B: 1 photo dated 3/12/12
The violation remains as of June 1, 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$112.29 incurred by Code Enforcement during the
prosecution of the case on or before July 1, 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 1, 2012 or a fine of$250.00 per day will be imposed for each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate or;
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June 1, 2012
obtain a Collier County Boarding Certificate and board the structure to the
required specifications on or before June 8, 2012 and obtain all required Collier
County Building Permits inspections and Certificates of Completion/Occupancy by
December 1, 2012 or a fine of$250.00 per day will be imposed for each day the
violation remains thereafter unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
3. Notify the Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm compliance.
4. If the 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
12. CASE NO: CEPM20110017378
OWNER: ERNESTO FLORES AND MARIA FLORES
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE VI, SECTION 22-
243(1)(2)(a)(b)(c). PROPERTY THAT WAS VACANT,ABANDONED,AND
UNSECURED.
FOLIO NO: 73180680209
VIOLATION ADDRESS:618 CLIFTON STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/18/12
Investigator Walker presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 5 photos dated 12/15/12
The violation remains as of June 1, 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 the
case by July 1, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s)
inspections and Certificate of Occupancy by June 8, 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, or obtain a Collier
County Boarding Certificate and board the structure to the required specifications
on or before June 8, 2012 and obtain all required Collier County Building Permits
inspections and Certificates of Completion/Occupancy by December 1, 2012 or a
fine of$250.00 per day will be imposed for each day the violation remains
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June 1, 2012
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: $112.12
14. CASE NO: CEROW20120000549
OWNER: ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS
AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1
GENERALLY, SECTION 110-31(a). VEGETATION IN COUNTY RIGHT OF WAY.
FOLIO NO: 36110760000
VIOLATION ADDRESS:4998 23RD COURT SW, NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/18/12
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 1/12/12
The violation remains as of June 1, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$112.20 incurred in the prosecution of the
case by July 1, 2012.
2. Abate all violations by removing any and all offending material/vegetation from the
right of way by July 1, 2012 or pay a fine of$100.00 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 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
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June 1, 2012
provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $112.20
Break: 10:50am
Reconvened: 11:07am
15. CASE NO: CEPM20120002100
OWNER: THOMAS G.BROWN
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: 2007 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17 AND COLLIER
COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(c),(15),AND(19). THE LANAI DOOR IS MISSING THE
LOWER SCREEN PANEL ALLOWING ACCESS INTO THE POOL AREA,
FRAMING OF HUD APPROVED POOL COVERING IS DAMAGED AND RAISING
AT THE CORNER OF THE POOL ALLOWING WATER TO ENTER,ROOF HAS
MISSING/BROKEN TILE,AND GREEN MOLD/ALGAE GROWING ON LANAI
SCREEN.
FOLIO NO: 68980000243
VIOLATION ADDRESS:6524 HIGHCROFT DRIVE, NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/17/12
Investigator Mcgonagle presented the case.
The Respondent were not present.
Evidence entered: Composite Exhibit A: 6 photos dated 2/10/12
The violation remains as of June 1, 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$112.82 incurred by Code Enforcement during the
prosecution of the case on or before July 1, 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 June 8, 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 June 8, 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. Remove all algae growth from the screen enclosure, repair all torn and loose
screens and secure all doors to the pool screen enclosure and maintain said in good
repair on or before June 8, 2012 or a fine of$250.00 per day will be imposed for
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June 1, 2012
each day the violation remains thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
5. Replace missing and broken roof tiles to prevent the intrustion of rain or moisture
by June 8, 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.
6. 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.
7. 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
C. Emergency Cases:
#1. CASE NO: CEPM20120007772
OWNER: LINDA H AND WILLIAM D.HAINES
FOLIO NO: 53352680002
VIOLATION ADDRESS: 3087 LUNAR STREET NAPLES,FL 34112
Date of Hearing Notice Property/Courthouse Posting: 5/30/12
Investigator Scavone presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 14 photos dated 5/16/12
Exhibit B: 1 photo dated 5/1/22
The violation remains as of June 1, 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$113.08 incurred by Code Enforcement during the
prosecution of the case on or before July 1, 2012.
2. Provide water to the building via an active valid account with City of Naples
Utilities or vacate the premise until such time water is provided by the City of
Naples Utilities on or before June 4, 2012 or a fine of$500.00 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. Provide electricity to the building via an active valid account with Florida Power
and Light or vacate the premise until such time the electrical service is provided via
an active valid account with Florida Power and Light on or before June 4, 2012 or
a fine of$500.00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
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June 1, 2012
4. 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 as ordered in the property maintenance report by June 8,
2012 or a fine of$500.00 per day will be imposed until the violation has been
abated thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
5. 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.
6. 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: $113.08
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CELU20110015511
OWNER: CONEXAR GROUP LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 1.04.01(A). DUMPED FILL/DIRT ON VACANT LOT.
FOLIO NO: 36315680008
VIOLATION ADDRESS:5148 24TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/18/12
The Respondents were not present.
Investigator Musse presented the case noting the violation has not been abated.
Fine Amount: $100.00/day
Duration: 26 days
Total Fine Amount: $2,600.00
Unpaid Operational Costs: $112.20
Total to Date: $2,712.20
Finding the Notice of Hearing was properly served, the Special Magistrate
GRANTED the County's Motion for Imposition of Fines for a total amount due of
$2,712.20. Said amount to become a lien on the property with fines continuing to
accrue.
3. CASE NO: CESD20110000214
OWNER: ROOKERY BAY BUSINESS PARK LLC
OFFICER: INVESTIGATOR DAVID JONES
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June 1, 2012
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.13(F). FAILURE TO SUBMIT ANNUAL PLANNED UNIT
DEVELOPMENT MONITORING REPORT.
FOLIO NO: 732800002
VIOLATION ADDRESS:NO SITE ADDRESS
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/17/12
The Respondents were not present.
Supervisor Bosa presented the case noting the violation has not been abated.
Fine Amount: $200.00/day
Duration: 26 days
Total Fine Amount: $5,200.00
Unpaid Operational Costs: $112.47
Total to Date: $5,312.47
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
$5,312.47. Said amount to become a lien on the property with fines continuing to
accrue.
4. CASE NO: CESD20100009239
OWNER: CASERINVERSIONES LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1, SECTION 105.1 .
UNPERMITTED FENCE ON SITE.
FOLIO NO: 36112200005
VIOLATION ADDRESS:4901 23RD AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/16/12
Date of Hearing Notice Property/Courthouse Posting: 5/18/12
The Respondents were not present.
Investigator Musse presented the case noting the violation has been abated.
Fine Amount: $100.00/day
Duration: 383 days
Total Fine Amount: $38,300.00
Finding the Notice of Hearing was properly served and the violation has been abated,
the Special Magistrate DENIED the County's Motion for Imposition of Fines.
VIII. OLD BUSINESS - (Continued)
A. Motion to Amend Previously Issued Order:
None
VIII. CONSENT AGENDA
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June 1, 2012
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: July 6, 2012 at 9:00 A.M. located at the Collier County
Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11:30 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
i a Garretson, pecial Magistrate
The Minutes were approved�y the Special Magistrate on Lk G
as presented ✓ , or as amended
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