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CESM Minutes 09/07/2012 September 7, 2012 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE lea3gWri Naples, Florida, September 7, 2012 BY: LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Co?e;t' , _y✓T. ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc.Corres: Date: 4s� Item#:\LT 2. 13 Copies to: 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: September 7,2012 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—August 3,2012 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance 1. CASE NO: CESD20120008612 OWNER: EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a). WORK STARTED WITHOUT PERMITS AND WORKED THROUGH STOP WORK ORDER. FOLIO NO: 00262240006 VIOLATION ADDRESS: 203 WOODSHIRE LANE,NAPLES 1 2. CASE NO: CEROW20120004592 OWNER: DANIEL J.BARRY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES, SECTION 110-46 AND SECTION 110-31(a). CULVERT PIPE IN THE ENCLOSED SWALE RUSTED THROUGH AND IN NEED OF REPAIR/REPLACEMENT. FOLIO NO: 62580280003 VIOLATION ADDRESS: 635 104TH AVENUE N,NAPLES C. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: S0177914-CEEX20120009399 OWNER: MELVIN HENTOFF AND THELMA HENTOFF OFFICER: DEPUTY L.KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,IN ACCESS AREA VIOLATION ADDRESS: GREENTREE AT NCH,NAPLES 2 2. CASE NO: S0134968-CEEX20120010596 OWNER: GUADALUPE R.VELAZQUEZ OFFICER: DEPUTY ROBERT HALMAN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: WILLOWBROOKE APARTMENTS,IN FRONT OF 1843 ASH LANE,NAPLES 3. 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 4. CASE NO: PR048722-CEEX20120011268 OWNER: GRANT MOTOR CORP. OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 LAUNCH STICKER EXPIRED,LAUNCH FEE NOT DISPLAYED. VIOLATION ADDRESS: GOODLAND,FL 5. CASE NO: PR048606-CEEX20120011161 OWNER: TOBIN TIMMONS OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO PROPERLY DISPLAY PAID PARKING RECEIPT AND STICKER NOT AFFIXED. VIOLATION ADDRESS: NORTH GULF ACCESS,NAPLES 6. CASE NO: PU4904-CEEX20120011454 OWNER: NAPLES OXFORD LTD PARTNERSHIP OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW&01W. 118-104, SEC. 3 (i) LIQUID PUTRESCIBLE WASTE,FOOD WASTE,AND MULTIPLE HOLES IN COMPACTOR.ON JULY 20,2012 WAS TOLD WOULD BE REPAIRED AND PRESSURE WASHED BY NEXT SERVICE DAY ON JULY 26,2012. FOLIO NO: 69650160001 VIOLATION ADDRESS: 2136 RIVER REACH DRIVE,NAPLES 3 7. CASE NO: PU4909-CEEX20120012513 OWNER: NAPLES CARRIAGE LLC OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW&ORD. 118-104, SEC.3 (i) LITTER CONSISTING OF BUT NOT LIMITED TO PUTRESCIBLE WASTE,CARDBOARD, GLASS,CANS,PLASTIC,ETC. FOLIO NO: 00400880008 VIOLATION ADDRESS: 6480 RADIO ROAD,NAPLES 8. CASE NO: C002397-CEVFH20120008193 OWNER: AIRPORT,LIMO AND RV TRANSPORTATION OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW&ORDINANCES CHAPTER 142,SECTION 142-30(a), 142-33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE PUBLIC STREETS OF COLLIER COUNTY WITHOUT FIRST OBTAINING A LICENSE TO OPERATE FROM COLLIER COUNTY. VIOLATION ADDRESS: 590 6TH STREET NE,NAPLES 9. CASE NO: C002398-CEVFH20120008200 OWNER: GARY A.VAN BUREN OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID DRIVER ID FROM COLLIER COUNTY. VIOLATION ADDRESS: 590 6TH STREET NE,NAPLES 10. CASE NO: CEROW20110003833 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA 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). ALTERATIONS TO THE RIGHT OF WAY AND THE PERMIT HAS EXPIRED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N,NAPLES 11. CASE NO: CESD20120002950 OWNER: MERCEDES ORTIZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). SEVERAL UNPERMITTED IMPROVEMENTS/ADDITIONS TO INCLUDE CABANAS, STORAGE BUILDING,LANAI,AND ROOF ADDITION WITHOUT PERMITS. FOLIO NO: 35743720007 VIOLATION ADDRESS: 2184 46TH TERRACE SW,NAPLES 4 12. CASE NO: CEPM20120006351 OWNER: ABRAHAM&SWEENEY PA TR,GRANT FAMILY LAND TRUST 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 DARK GREEN IN COLOR,STAGNANT,AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 59960012749 VIOLATION ADDRESS: 15134 BROLIO LANE,NAPLES 13. CASE NO: CEPM20120005699 OWNER: HARIS DOMOND AND GUISLEINE DOMOND OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI SECTION 22-231(12)(c).DAMAGED ROOF ON THE REAR OF THE STRUCTURE. FOLIO NO: 35770160009 VIOLATION ADDRESS: 4471 17TH AVENUE SW,NAPLES 14. CASE NO: CELU20120005445 OWNER: VINCENTE ANTUNEZ AND SANDRA Y.ZELAYA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03.OUTSIDE STORAGE OF WOOD,METAL,AND OTHER CONSTRUCTION MATERIAL. FOLIO NO: 37997360004 VIOLATION ADDRESS: 3480 19TH AVENUE SW,NAPLES 15. CASE NO: CEAU20120005135 OWNER: WSC HOMES LLC OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.1.PERMIT(930007664)FOR WOOD FENCE THAT DID NOT RECEIVE CERTIFICATE OF COMPLETION.PERMIT IS NOW EXPIRED. FOLIO NO: 35752560009 VIOLATION ADDRESS: 2201 43RD LANE SW,NAPLES 16. CASE NO: CEAU20120004466 OWNER: TERESA LEE HANEY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: ACCESSORY USES AND STRUCTURES,FENCES AND WALLS,EXCLUDING SOUND WALLS,COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED,SECTION 5.03.02(F)(3). FENCE IN DISREPAIR. FOLIO NO: 62412600007 VIOLATION ADDRESS: 857 105TH AVENUE N,NAPLES 5 17. CASE NO: CEV20120009124 OWNER: WENDY E.NOBLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE. UNLICENSED AND INOPERABLE VEHICLES PARKED IN THE DRIVEWAY ZONED RESIDENTIAL. FOLIO NO: 65421520007 VIOLATION ADDRESS: 660 CYPRESS WAY E.,NAPLES 18. CASE NO: CEPM20120009061 OWNER: HSBC BANK USA NA TR,ACE SECURITIES CORPORATION 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(12)(c). HOLES IN ROOF ALLOWING WATER INTRUSION. FOLIO NO: 35980440001 VIOLATION ADDRESS: 4500 GOLDEN GATE PARKWAY,NAPLES 19. CASE NO: CEPM20120008080 OWNER: TEOFILO RODRIGUEZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). SWIMMING POOL THAT IS NOT BEING MAINTAINED. FOLIO NO: 38393280004 VIOLATION ADDRESS: 5357 HAWTHORN WOODS WAY,NAPLES 20. CASE NO: CENA20120008316 OWNER: TEOFILO RODRIGUEZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(b). WEEDS IN EXCESS OF EIGHTEEN INCHES WITHIN 30 FEET OF THE STRUCTURE. FOLIO NO: 38393280004 VIOLATION ADDRESS: 5357 HAWTHORN WOODS WAY,NAPLES 21. CASE NO: CEPM20120007449 OWNER: MATTHEW D.WILLIAMS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(i). BROKEN WINDOWS THROUGHOUT THE DUPLEX. FOLIO NO: 29782320005 VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE,NAPLES 6 22. CASE NO: CEV20120010619 OWNER: CARL A.CHASE III OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(a). BOAT WITH TRAILER PARKED IN DRIVEWAY. FOLIO NO: 80222000002 VIOLATION ADDRESS: 9733 LITCHFIELD LANE,NAPLES 23. CASE NO: CEPM20120008523 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). POOL WITH GREEN STAGNANT WATER. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 24. CASE NO: CENA20120008602 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI SECTIONS 54-179 AND 181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 25. CASE NO: CEPM20120008040 OWNER: KEVIN CLIFFORD AND JANET CLIFFORD OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI, SECTION 22-231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. FOLIO NO: 68094280001 VIOLATION ADDRESS: 3539 SANTIAGO WAY, NAPLES 26. CASE NO: CEPM20120005335 OWNER: LOWFIELD REALTY GROUP LLC OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1). GREASE TRAPS IN A STATE OF DISREPAIR. FOLIO NO: 428640000 VIOLATION ADDRESS: 5498 RATTLESNAKE HAMMOCK ROAD,NAPLES 7 27. CASE NO: CESD20110004735 OWNER: CHARLOTTE P.BYERS OFFICER: INVESTIGATOR ART FORD VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS,COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a). PERMIT #2011050244 ISSUED FOR REPLACEMENT WINDOWS,EXPIRED WITHOUT FINAL INSPECTION AND/OR CERTIFICATE OF OCCUPANCY. FOLIO NO: 62773240009 VIOLATION ADDRESS: 797 97TH AVENUE N,NAPLES 28. CASE NO: CEPM20120006379 OWNER: DENNIS WOLFE AND ROBERTA WOLFE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231(15). GREEN POOL. FOLIO NO: 36380720003 VIOLATION ADDRESS: 2500 55TH STREET SW,NAPLES 29. CASE NO: CEPM20120005859 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22 ARTICLE VI, SECTIONS 22-231(9), (11),(12)(b)AND(12)(n).A BROKEN FRONT ENTRY GATE,A MISSING COVER TO THE ELECTRICAL BOX LOCATED NEXT TO THE ENTRY GATE,A BROKEN PUMP STATION FENCE,A BROKEN GARAGE DOOR TO THE STORAGE SHED AND CRACKS IN THE FRONT FACADE LEADING TO THE POOL AREA AT THE CLUBHOUSE. FOLIO NO: 400200002 VIOLATION ADDRESS: 201 SANTA CLARA DRIVE,NAPLES 30. CASE NO: CENA20120005716 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTIONS 54-184. LITTER AND DEBRIS CONSISTING OF WOOD,PAPER,FURNITURE,PLASTIC, BROKEN BICYCLES,ETC. LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 400200002 VIOLATION ADDRESS: 201 SANTA CLARA DRIVE,NAPLES C. Emergency Cases: 8 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEAU20110003326 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1,AS AMENDED.NEW FENCE HAS BEEN INSTALLED WITH NO PERMITS ISSUED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N,NAPLES 2. CASE NO: CESD20110011005 OWNER: AGUSTIN MORALES-RENTERIA AND BLANCA E.MORALES OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a).NEW CONSTRUCTION OF SHED WITHOUT PERMITS. FOLIO NO: 36430680006 VIOLATION ADDRESS: 5433 29TH PLACE SW,NAPLES 3. CASE NO: CEPM20110016125 OWNER: JOHN W.RODGERS JR. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(11)&(12)(i). MAIN STRUCTURE WITH A BROKEN FRONT WINDOW, GARAGE DOOR AND A COVER REMOVED FROM AN OUTSIDE ELECTRICAL BOX. FOLIO NO: 427480009 VIOLATION ADDRESS: 5580 CYNTHIA LANE,NAPLES 4. 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 5. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE,IMMOKALEE 9 6. CASE NO: CEPM20110016621 OWNER: SABAL PALM DEVELOPMENT LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, SECTION 22-243(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 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. IX. REPORTS X. NEXT MEETING DATE: October 5, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida XI. ADJOURN 10 September 7, 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. 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: 9:37am 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 V.0—Motion for Continuance: • 25 -CASE NO: CEPM20120008040-KEVIN CLIFFORD AND JANET CLIFFORD • 15 -CASE NO: CEAU20120005135 -WSC HOMES LLC Under VI.A —Motion for Imposition of Fines,the following case was moved to IV.0—Motion for Extension of Time • 5-CASE NO: CESD20110000968-ETHEL MATA • 1 -CASE NO: CEAU20110003326-CHANTELL VIDAL AND EVELINA VIDAL Under item V.B—Hearings,the following cases were moved to V.A—Stipulations: • 11 -CASE NO: CESD20120002950-MERCEDES ORTIZ • 27-CASE NO: CESD20110004735 -CHARLOTTE P.BYERS • 10-CASE NO: CEROW20110003833 -CHANTELL VIDAL AND EVELINA VIDAL • 19-CASE NO: CEPM20120008080-TEOFILO RODRIGUEZ • 22-CASE NO: CEV20120010619-CARL A. CHASE III • 17-CASE NO: CEV20120009124-WENDY E.NOBLE • 6-CASE NO: PU4904-CEEX20120011454-NAPLES OXFORD LTD PARTNERSHIP • 7-CASE NO: PU4909-CEEX20120012513 -NAPLES CARRIAGE LLC Under item V.B—Hearings,the following cases were withdrawn: • 1 -CASE NO: SO177914-CEEX20120009399-MELVIN HENTOFF AND THELMA HENTOFF • 3 -CASE NO: PR048548-CEEX20120008429-BYRON KEYSER • 4-CASE NO: PR048722-CEEX20120011268-GRANT MOTOR CORP. • 5-CASE NO: PR048606-CEEX20120011161 - TOBIN TIMMONS • 13 -CASE NO: CEPM20120005699-HARIS DOMOND AND GUISLEINE DOMOND • 14-CASE NO: CELU20120005445 -VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA • 20-CASE NO: CENA20120008316-TEOFILO RODRIGUEZ • 21 -CASE NO: CEPM20120007449-MATTHEW D. WILLIAMS 2 September 7, 2012 • 23 -CASE NO: CEPM20120008523 -ALEJANDRA LYNCH • 26-CASE NO: CEPM20120005335 -LOWFIELD REALTY GROUP LLC Under VI.A —Motion for Imposition of Fines,the following case was withdrawn: • 4-CASE NO: CEROW20120000549-ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—August 3,2012 The minutes of the August 3,2012 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 1. CASE NO: CESD20120008612 OWNER: EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). WORK STARTED WITHOUT PERMITS AND WORKED THROUGH STOP WORK ORDER. FOLIO NO: 00262240006 VIOLATION ADDRESS:203 WOODSHIRE LANE,NAPLES The Respondent submitted a Motion for Continuance in writing. Investigator Giannone represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance and continued the case until the next hearing date. 2. CASE NO: CEROW20120004592 OWNER: DANIEL J.BARRY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES, SECTION 110-46 AND SECTION 110-31(a). CULVERT PIPE IN THE ENCLOSED SWALE RUSTED THROUGH AND IN NEED OF REPAIR/REPLACEMENT. FOLIO NO: 62580280003 VIOLATION ADDRESS:635 104TH AVENUE N,NAPLES The Respondent submitted a Motion for Continuance in writing. Investigator Pulse represented the County stating she had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance and continued the case until the next hearing date. 3. CASE NO: CEPM20120008040 OWNER: KEVIN CLIFFORD AND JANET CLIFFORD OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22-231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. 3 September 7, 2012 FOLIO NO: 68094280001 VIOLATION ADDRESS:3539 SANTIAGO WAY, NAPLES Janet Clifford was present. Investigator Giannone represented the County. After discussions,the parties determined a stipulation could be entered. See item V.A.9. 4. CASE NO: CEAU20120005135 OWNER: WSC HOMES LLC OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.1.PERMIT (930007664)FOR WOOD FENCE THAT DID NOT RECEIVE CERTIFICATE OF COMPLETION. PERMIT IS NOW EXPIRED. FOLIO NO: 35752560009 VIOLATION ADDRESS:2201 43RD LANE SW,NAPLES The Respondent submitted a Motion for Continuance in writing. Supervisor Mucha represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance. C. Motion for Extension of Time 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION ADDRESS:906 TAYLOR TERRACE, IMMOKALEE The Respondent submitted a Motion for an Extension of Time in writing. Investigator Rodrigquez represented the County stating she had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for an Extension of Time. 2 . CASE NO: CEAU20110003326 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1 PERMITS, SECTION 105.1,AS AMENDED.NEW FENCE HAS BEEN INSTALLED WITH NO PERMITS ISSUED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N,NAPLES The Respondent submitted a Motion for an Extension of Time in writing. Supervisor Mucha represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for an Extension of Time. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CESD20120002950 4 September 7, 2012 OWNER: MERCEDES ORTIZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). SEVERAL UNPERMITTED IMPROVEMENTS/ADDITIONS TO INCLUDE CABANAS, STORAGE BUILDING, LANAI,AND ROOF ADDITION WITHOUT PERMITS. FOLIO NO: 35743720007 VIOLATION ADDRESS:2184 46111 TERRACE SW,NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Mercedes Ortiz on August 22, 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 7,2012. 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 December 7,2012 or a fine of$200.00 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 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 2. CASE NO: CESD20110004735 OWNER: CHARLOTTE P.BYERS OFFICER: INVESTIGATOR ART FORD VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS,COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a). PERMIT#2011050244 ISSUED FOR REPLACEMENT WINDOWS, EXPIRED WITHOUT FINAL INSPECTION AND/OR CERTIFICATE OF OCCUPANCY. FOLIO NO: 62773240009 VIOLATION ADDRESS: 797 97TH AVENUE N,NAPLES Investigator Ford requested the hearing. The Stipulation was entered into by the Respondent's representative Tim Byers on September 6, 2012. Finding the Notice of Hearing was properly served,the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.64 incurred in the prosecution of this case by October 7,2012. 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 March 7,2013 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 5 September 7, 2012 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. The Special Magistrate stated the Stipulation Agreement was subject to verification by Charlotte Byers. Total Amount Due: $112.64 3. CASE NO: CEROW20110003833 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA 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). ALTERATIONS TO THE RIGHT OF WAY AND THE PERMIT HAS EXPIRED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N,NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Evelina Vidal on September 6, 2012. Finding the Notice of Hearing was properly served,the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$112.56 incurred in the prosecution of this case by October 7,2012. 2. Abate all violations by requesting or causing inspection through certificate of Completion for Right of Way Permit Number 11-0294-E,or remove any an all offending materials from the right of way and return back to original permitted state by March 7,2013 or a fine of$200.00 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 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: $112.56 4. CASE NO: CEPM20120008080 OWNER: TEOFILO RODRIGUEZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(15). SWIMMING POOL THAT IS NOT BEING MAINTAINED. FOLIO NO: 38393280004 VIOLATION ADDRESS:5357 HAWTHORN WOODS WAY,NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Teofilo A. Rodriguez on September 7, 2012. 6 September 7, 2012 1. Pay the Operational Costs of$112.20 incurred by Code Enforcement during the prosecution of the case on or before October 7,2012. 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 September 14,2012 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 September 14,2012 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: $112.20 5. CASE NO: CEV20120010619 OWNER: CARL A.CHASE III OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130, ARTICLE III, SECTION 130-96(a). BOAT WITH TRAILER PARKED IN DRIVEWAY. FOLIO NO: 80222000002 VIOLATION ADDRESS: 9733 LITCHFIELD LANE,NAPLES Investigator Athey requested the hearing. The Stipulation was entered into by Carl Chase on September 7, 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 October 7, 2012. 2. Abate all violations by relocating boat and trailer to an enclosed structure,rear yard,or adjacent o waterway(as permitted),or removing boat and trailer from the property by September 14,2012 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 using any method to bring the violation into compliance 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. Investigator Athey reported the violation has been abated and the Final Order need not reference the non compliance,however the County wants to ensure it does not become a re-occurring violation. Total Amount Due: $112.29 7 September 7, 2012 6. CASE NO: CEV20120009124 OWNER: WENDY E.NOBLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130, ARTICLE III, SECTION 130-95,STORAGE AND USE OF VEHICLE CONTROL ORDINANCE. UNLICENSED AND INOPERABLE VEHICLES PARKED IN THE DRIVEWAY ZONED RESIDENTIAL. FOLIO NO: 65421520007 VIOLATION ADDRESS:660 CYPRESS WAY E.,NAPLES Investigator Connetta represented the County. The Stipulation was entered into by the Respondent's representative Michael Noble on September 7, 2012. Staff reported notice was given by certified mail 8/22/12 and Courthouse and property was posted on 8/21/12. 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$112.12 incurred in the prosecution of the case by October 7, 2012. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure,or store the same within a completely enclosed structure, or remove the offending vehicle(s)from residentially zoned area by September 10,2012 or a fine of$50.00 per day 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 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: $112.12 7. CASE NO: PU4904-CEEX20120011454 OWNER: NAPLES OXFORD LTD PARTNERSHIP OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW&ORD. 118-104, SEC. 3 (i) LIQUID PUTRESCIBLE WASTE,FOOD WASTE,AND MULTIPLE HOLES IN COMPACTOR.ON JULY 20,2012 WAS TOLD WOULD BE REPAIRED AND PRESSURE WASHED BY NEXT SERVICE DAY ON JULY 26,2012. FOLIO NO: 69650160001 VIOLATION ADDRESS: 2136 RIVER REACH DRIVE,NAPLES Investigator Smith requested the hearing. The Stipulation was entered into by the Respondent's representative Ulysses Dominguez on September 7, 2012. Investigator Smith reported the parties agreed: 1. The violations noted in the referenced Citation are accurate and stipulated to their existence. 2. The violations are that of Ordinance/Sections(s) 118-104 3(i)and are described as litter consisting of but not limited to liquid putrescible waste,food waste,and multiple holes in the compactor. 8 September 7, 2012 Ray Addison,Public Utilities Investigator reported the Respondent has temporarily abated the violation and is awaiting installation of a new compactor. 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,and an Administrative Fee in the amount of$5.00 for a total due of$55.00 by October 7,2012. 2. If the situation is not permanently rectified by September 14,2012,a fine of$200.00 per day will begin to accrue thereafter until the violation has been abated,unless altered by a subsequent Stipulation or Order of the Special Magistrate. Total Amount Due: $55.00 8. CASE NO: PU4909-CEEX20120012513 OWNER: NAPLES CARRIAGE LLC OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW&ORD. 118-104, SEC.3 (i) LITTER CONSISTING OF BUT NOT LIMITED TO PUTRESCIBLE WASTE, CARDBOARD,GLASS,CANS,PLASTIC,ETC. FOLIO NO: 00400880008 VIOLATION ADDRESS:6480 RADIO ROAD,NAPLES Investigator Smith requested the hearing. The Stipulation was entered into by the Respondent's representative Dane Wheeler on September 7, 2012. Investigator Smith reported the parties agreed: 1. The violations noted in the referenced Citation are accurate and stipulated to their existence. 2. The violations are that of Ordinance/Sections(s) 118-104 3(i)and are described as litter consisting of but not limited to liquid putrescible waste,cardboard,glass,cans,plastic,etc. 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,an Administrative Fee in the amount of$5.00 for a total amount due of$55.00 by October 7,2012. Total Amount Due: $55.00 9. CASE NO: CEPM20120008040 OWNER: KEVIN CLIFFORD AND JANET CLIFFORD OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22-231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. FOLIO NO: 68094280001 VIOLATION ADDRESS:3539 SANTIAGO WAY, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Janet Clifford on September 7, 2012.. 1. Pay the Operational Costs of$112.29 incurred by Code Enforcement during the prosecution of the case on or before October 7,2012. 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 September 14,2012 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 September 14,2012 or a fine of$250.00 per day will be imposed for 9 September 7, 2012 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: $112.29 B. Hearings 29. CASE NO: CEPM20120005859 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22 ARTICLE VI, SECTIONS 22- 231(9),(11),(12)(b)AND(12)(n).A BROKEN FRONT ENTRY GATE,A MISSING COVER TO THE ELECTRICAL BOX LOCATED NEXT TO THE ENTRY GATE,A BROKEN PUMP STATION FENCE,A BROKEN GARAGE DOOR TO THE STORAGE SHED AND CRACKS IN THE FRONT FACADE LEADING TO THE POOL AREA AT THE CLUBHOUSE. FOLIO NO: 400200002 VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/24/12 Investigator Asaro and Snow represented the County. County Evidence Entered: Composite Exhibit A: 6 photos dated 7/2/12. Investigator Asaro outlined the violations. Steve Adamczyk of Goede,Adamczyk was present representing the Granada Lakes Villa Condominium Association. He reported that the Association is currently controlled by the Respondent however,turnover of the Association to Granada Lakes Condominium Association is scheduled for October 30,2012 at which point the unit owners will be in a position to begin addressing the violations. 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$113.00 incurred in the prosecution of the case by October 7,2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s)and required inspections and Certificate of Completion by September 14,2012 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. 10 September 7, 2012 Total Amount Due: $113.00 30. CASE NO: CENA20120005716 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI,SECTIONS 54- 184.LITTER AND DEBRIS CONSISTING OF WOOD,PAPER,FURNITURE, PLASTIC,BROKEN BICYCLES,ETC.LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 400200002 VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/24/12 Investigator Asaro represented the County. County Evidence Entered: Composite Exhibit A: 6 photos dated 7/2/12. Evidence entered: Composite Exhibit A: 5 photos dated 7/2/12 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$113.08 incurred in the prosecution of this case by October 7,2012. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store said items in a completely enclosed structure by September 14, 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 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: $113.08 2. CASE NO: S0134968-CEEX20120010596 OWNER: GUADALUPE R.VELAZQUEZ OFFICER: DEPUTY ROBERT HALMAN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS:WILLOWBROOKE APARTMENTS,IN FRONT OF 1843 ASH LANE, NAPLES Guadalupe Velazquez and Chrystal McGowen were present and outlined the circumstances of the case, noting Mr.and Mrs.Velzaquez live in a disability apartment and Mr.Velazquez parked in the handicap space in front of the apartment. He assumed he was permitted to park in the space. Deputy Halman was not present. Velazquez motioned for the case to be dismissed. The Special Magistrate GRANTED the Respondents request and dismissed the case. 11 September 7, 2012 8. CASE NO: CO02397-CEVFH2O120008193 OWNER: AIRPORT,LIMO AND RV TRANSPORTATION OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE PUBLIC STREETS OF COLLIER COUNTY WITHOUT FIRST OBTAINING A LICENSE TO OPERATE FROM COLLIER COUNTY. VIOLATION ADDRESS: 590 6TH STREET NE,NAPLES Cases 8 and 9 were combined. 9. CASE NO: CO02398-CEVFH2O120008200 OWNER: GARY A.VAN BUREN OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW&ORDINANCES CHAPTER 142, SECTION 142-30(a), 142-33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID DRIVER ID FROM COLLIER COUNTY. VIOLATION ADDRESS:590 6TH STREET NE,NAPLES Gary Van Buren,owner of Airport,Limo and RV Transportation was present. Investigator Crowley represented the County: Investigator Crowley testifed: • On May 19,2012 she was on patrol at the Marco Island Marriott when she observed a vehicle dropping of patrons in a stretch limousine. • She approached the vehicle and spoke to the driver and ascertained it was Mr.Van Buren and he produced a trip sheet. • The patrons were picked up in Golden Gate Estates,Collier County with a destination of the Marco Island Marriott including a return trip. • It was subsequently determined Mr. Van Buren and Airport Limo and RV Transportation was not licensed to operate a Vehicle for Hire service in Collier County. • Based on this information the citations were issued on June 6,2012. • Mr.Van Buren has now obtained proper licensing for himself and the Company to conduct business in Collier County. • She provided 5 photos entered as Composite Exhibit A dated 5/19/12 which identified the vehicle for hire. Mr.Van Buren testified: • As reported,he has obtained the necessary approvals to operate within the Collier County. • One of the patrons was picked up in Lee County and he has a right to continue onto the destination in Collier County. • He did not bring the Lee County partons trip sheet to today's hearing,as he was confused over the date of the citation and was under the impression it was for an incident the date of the citation, June 6,2012,not the May 19,2012 incident. Investigator Crowley testifed Mr. Van Buren has not produced a trip sheet for the other patron originating in Lee County,and the trip has to be a trip orignated in Lee County and non interupted to the prescribed Collier County destination. After hearing considering the evidence,the Special Magistrate found the Respondent in violation of the Ordinance and ordered him: Case#8 1. To pay a fine of$250.00, Operational Costs of$50.00 and an Administrative Fee of$5.00 for a 12 September 7, 2012 total amount due of$305.00. Case#9 1. To pay a fine of$100.00, Operational Costs of$50.00 and an Administrative Fee of$5.00 for a total amount due of$155.00. Total Amount Due: $460.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CESD20110011005 OWNER: AGUSTIN MORALES-RENTERIA AND BLANCA E. MORALES OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).NEW CONSTRUCTION OF SHED WITHOUT PERMITS. FOLIO NO: 36430680006 VIOLATION ADDRESS:5433 29TH PLACE SW,NAPLES Blanca Morales was present. Patricia Garcia acted as interpretor Investigator Box represented the County. Ms.Garcia testified the Respondent's are requesting an Extension of Time until May 7,2013. Investigator Box testified he did not object to the request. The Special Magistrate GRANTED the Respondent's request for an Extension of Time until March 7, 2013. Break: 11:30am Reconvened: 11:50am V. PUBLIC HEARINGS(Continued) C. Hearings 12. CASE NO: CEPM20120006351 OWNER: ABRAHAM&SWEENEY PA TR,GRANT FAMILY LAND TRUST 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 DARK GREEN IN COLOR, STAGNANT,AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 59960012749 VIOLATION ADDRESS: 15134 BROLIO LANE,NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property/Courthouse Posting: 8/21/12 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 4/25/12 Exhibit B: 1 photo dated 5/29/12 The violation remains as of September 7,2012. 13 September 7, 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$112.73 incurred by Code Enforcement during the prosecution of the case on or before October 7,2012. 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 September 14,2012 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 September 14,2012 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: $112.73 16. CASE NO: CEAU20120004466 OWNER: TERESA LEE HANEY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: ACCESSORY USES AND STRUCTURES,FENCES AND WALLS,EXCLUDING SOUND WALLS,COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). FENCE IN DISREPAIR. FOLIO NO: 62412600007 VIOLATION ADDRESS: 857 105TH AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property/Courthouse Posting: 8/21/12 Investigator Pulse presented the case. Evidence entered: Composite Exhibit A: 4 photos dated 3/20/12 Composite Exhibit B: 2 photos dated 9/6/12. The violation remains as of September 7,2012. 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$112.38 incurred in the prosecution of this case by October 7,2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s)or Demolition Permit(s)and required inspections and Certificate of Occupancy/Completion by October 7,2012 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 Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 14 September 7, 2012 Total Amount Due: $112.38 18. CASE NO: CEPM20120009061 OWNER: HSBC BANK USA NA TR,ACE SECURITIES CORPORATION 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(12)(c). HOLES IN ROOF ALLOWING WATER INTRUSION. FOLIO NO: 35980440001 VIOLATION ADDRESS:4500 GOLDEN GATE PARKWAY,NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property/Courthouse Posting: 8/21/12 Investigator Box presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 7/24/12 The violation remains as of September 7,2012. 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$112.20 incurred by Code Enforcement during the prosecution of the case on or before October 7,2012. 2. Abate all violation by obtaining all required Collier County Building Permits,all required inspections and a Certificate of Completion as necessary to repair the roof as identified on or before September 14,2012,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 Respondents have not complied by the deadline,the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent If necessary,assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. Total Amount Due: $112.20 24. CASE NO: CENA20120008602 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI SECTIONS 54-179 AND 181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS:5330 BROWARD STREET,NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/20/12 Investigator Kincaid presented the case. Evidence entered: Composite Exhibit A: 3 photos dated 5/31/12 Composite Exhibit B: 7 photos dated 9/6/12 The violation remains as of September 7,2012. 15 September 7, 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 this case by October 7,2012. 2. Abate the violation by removing or causing to remove all unauthorized accumulation of litter by September 14,2012 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 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 28. CASE NO: CEPM20120006379 OWNER: DENNIS WOLFE AND ROBERTA WOLFE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231(15). GREEN POOL. FOLIO NO: 36380720003 VIOLATION ADDRESS:2500 55TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/20/12 Investigator Musse presented the case noting it is a repeat violation The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 9/6/12 Composite Exhibit B: Previously Issued Special Magistrate Order CEPM20100007875 The violation remains as of September 7,2012. 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$112.20 incurred by Code Enforcement during the prosecution of the case on or before October 7,2012. 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 September 14,2012 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 September 14,2012 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. 16 September 7, 2012 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: $112.20 C. Emergency Cases: None VII. NEW BUSINESS—(Continued) B. Motion for Imposition of Fines: 3. CASE NO: CEPM20110016125 OWNER: JOHN W. RODGERS JR. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231(11)&(12)(i). MAIN STRUCTURE WITH A BROKEN FRONT WINDOW,GARAGE DOOR AND A COVER REMOVED FROM AN OUTSIDE ELECTRICAL BOX. FOLIO NO: 427480009 VIOLATION ADDRESS: 5580 CYNTHIA LANE,NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/24/12 The Respondents were not present. Investigator Snow presented the case noting the County partially abated the violation by"boarding"and securing the structure,however violation has not been totally abated. Special Magistrate Order: Dated 3/2/12 Fine Amount: $100.00/day Duration: 158 days Total Fine Amount: $15,800.00 Unpaid Abatement Costs: $950.00 Unpaid Operational Costs: $112.47 Total to Date: $16,862.47 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$16,862.47.Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CEPM20110016621 OWNER: SABAL PALM DEVELOPMENT LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, SECTION 22-243(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: 8/23/12 Date of Hearing Notice Property/Courthouse Posting: 8/22/12 Supervisor Mucha represented the County and reported there are no costs due and the parcel is in compliance. He recommended any fines due be waived. 17 September 7, 2012 The Special Magistrate DENIED the County's Motion for Imposition of Fines. 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: October 5,2012 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 12:15 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 1 C • B • da Garretson,Special Magistrate The Minutes were approve by the Special Magistrate on 0 Ch :( 5 ` ) �5- as presented ,or as amended 18