CESM Minutes 10/05/2012 October 5, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRAT
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Naples, Florida, October 5, 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 J
Hiller `f
Henning -----
Coyle ✓
Colette
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
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Copies to:
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: October 5,2012 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—September 7,2012
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0142623-CEEX20120006624
OWNER: RICHARD FLEISHER
OFFICER: CORPORAL M.J.PAYNE
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: SUNTRUST BANK, 801 LAUREL OAK DRIVE,NAPLES
2. CASE NO: S0177953-CEEX20120012433
OWNER: TERESA MONTY
OFFICER: DEPUTY L.KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE,NO VISIBLE PERMIT
VIOLATION
ADDRESS: 8970 FONTANA SOL WAY,NAPLES
3. CASE NO: PR048951-CEEX20120012785
OWNER: DANIEL DIAZ
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: DANFORD STREET,WITHIN ONE MILE OF BAYVIEW LAUNCH,NAPLES
4. CASE NO: PR048995-CEEX20120013437
OWNER: STEVE MORICONI
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: VANDERVILT DRIVE, WITHIN ONE MILE OF COCOHATCHEE PARK,NAPLES
2
5. CASE NO: PU4793-CEEX20120012515
OWNER: WILLIAM J. FOTRE SR TR,ITF SUZANNE M FOTRE TR 4/11/89
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORD.2005-54, SEC. 118-104 3(K,L)
YARD WASTE,NOT PROPERLY PREPARED,OUT ON NON-SCHEDULED COLLECTION
DAY.NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12,WITH RECHECK
DATE SCHEDULED FOR 8/9/12,NO CHANGE IN VIOLATION, TAGGED BY WASTE
MANAGEMENT.
FOLIO NO: 48170240008
VIOLATION
ADDRESS: 2772 BAYVIEW DRIVE,NAPLES
6. CASE NO: PU4831-CEEX20120009279
OWNER: MARBELLA LAKES OWNERS ASSOCIATION INC.
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 1.4B(1)
CROSSING PROPERTY LINE WITH WATER HOSE FOR CONSTRUCTION AT
DIFFERENT FOLIO NUMBER/ADDRESS.
FOLIO NO: 56610000208
VIOLATION
ADDRESS: 6395 LAGUNA CIRCLE, NAPLES
7. CASE NO: PU4649-CEEX20120009850
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR JEREMY FLORIN
VIOLATIONS: CODE OF LAW&ORD. 2001-73, SECTION 1.4 N
UNLAWFUL CONNECTION TO A COLLIER COUNTY WATER TEST POINT.THE
CONNECTION WAS NOT AUTHORIZED BY COLLIER COUNTY. THE CONNECTION
WAS TERMINATED BY THE COLLIER COUNTY WATER DISTRIBUTION
DEPARTMENT.
FOLIO NO: 72640033407
VIOLATION
ADDRESS: 3994 BERING COURT,NAPLES
8. CASE NO: PU4870-CEEX20120009532
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 1.4 N, Q
A HOSE B.I.B.CONNECTED TO THE CURBSTOP.A 3 /4 GARDEN HOSE RAN TO A
PRESSURE WASHER. THE SAMPLE POINT WAS BEING USED TO WASH EMPLOYEE
HANDS.
FOLIO NO: 72640032149
VIOLATION
ADDRESS: 3813 COLUMBIA COURT LOT 83,NAPLES
9. CASE NO: PU4535-CEEX20120008981
OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 1.4 N
UNLAWFUL CONNECTION TO WATER OWNED BY DISTRICT WITHOUT CONSENT.
FOLIO NO: 72640033407
VIOLATION
ADDRESS: 3994 BERING COURT,NAPLES
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10. CASE NO: DAS12682-CEEX20120011934
OWNER: CESAR TREJO
OFFICER: OFFICER KYRA LYNCH
VIOLATIONS: CODE OF LAW&ORD.2008-51, SECTION 14-33(A)(2). RUNNING AT LARGE UPON A
PUBLIC STREET.
VIOLATION
ADDRESS: SOUTHWEST BLVD/6TH STREET,NAPLES
11. 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
12. 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
13. 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
14. CASE NO: CENA20120010303
OWNER: BENNETT JOHNSTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTION 54-179.
LITTER CONSISTING OF BUT NOT LIMITED TO: LADDERS, WOOD,GROCERY CART,
TIRES,BUCKETS, CINDER BLOCK,ETC.
FOLIO NO: 36238240004
VIOLATION
ADDRESS: 5203 HUNTER BLVD,NAPLES
4
15. CASE NO: CEPM20120007116
OWNER: GW INVESTMENTS LC
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231, SUBSECTIONS 5,9, 12b, 121,AND 12p. INOPERABLE LIGHT IN LIVING
ROOM,HOLES IN INTERIOR/EXTERIOR WALLS, SCREENS MISSING ON ALL SLIDERS
AND WINDOWS,MISSING EXTERIOR DRYER VENT COVER.
FOLIO NO: 62776720005
VIOLATION
ADDRESS: 831 98TH AVENUE N,NAPLES
16. CASE NO: CEPM20120009545
OWNER: JACK FLOYD AND MURIEL FLOYD
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(1)THROUGH(20),AND SECTION 22-242. UNSECURE DWELLING IN
NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,INTERIOR
WALLS,ELECTRICAL SYSTEM,DOORS, WINDOWS,AND OTHER AREAS
THROUGHOUT DWELLING.
FOLIO NO: 759560008
VIOLATION
ADDRESS: 11466 LAERTES LANE,NAPLES
17. CASE NO: CEPM20120008691
OWNER: INFINITY SOUTH BAY LLC
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(19). DOCUMENTATION PROVIDED THAT SHOWS ELEVATED MOLD
CONDITIONS EXIST IN THE UNIT(#603).
FOLIO NO: 74029000868
VIOLATION
ADDRESS: 1980 ROOKERY BAY DRIVE UNIT 603,NAPLES
18. CASE NO: CEAU20120008539
OWNER: SCOTT LAMP
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a),FLORIDA BUILDING CODE,2010 EDITION,CHAPTER 1, SECTIONS
105.1, 105.4.1,AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE
OF DISREPAIR.
FOLIO NO: 62259800002
VIOLATION
ADDRESS: 5306 BROWARD STREET,NAPLES
5
19. CASE NO: CESD20120004515
OWNER: ROSEMARY A.SHUGAR AND MARK THORSON
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a)AND(e). SHED IN REAR YARD AND NO PERMIT OBTAINED.
FOLIO NO: 62411160108
VIOLATION
ADDRESS: 819 108TH AVENUE N,NAPLES
20. CASE NO: CEAU20120011090
OWNER: SILVIA DERRICK
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED,
SECTION 5.03.02(F)(3). SECTIONS OF STOCKADE FENCE FALLING DOWN ON THE
PROPERTY.
FOLIO NO: 62704240007
VIOLATION
ADDRESS: 616 92ND AVENUE N,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
22. CASE NO: CENA20120007767
OWNER: MATTHEW D.WILLIAMS
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTIONS 54-179, 54-181,AND 54-185(a). LITTER CONSISTING OF BUT NOT LIMITED
TO: PET CAGES,WOOD,PLASTIC BUCKETS,PVC PIPING, SINK,BED MATTRESS,AND
BROKEN FURNITURE. ALSO WEEDS OVER 18 INCHES.
FOLIO NO: 29782320005
VIOLATION
ADDRESS: 1378 HIGHLANDS DRIVE,NAPLES
23. CASE NO: CEPM20120011608
OWNER: BETTY FREDERICK EST,AND KAREN L.DONNADIO EST
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,22-
231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 36001560005
VIOLATION
ADDRESS: 2975 45TH STREET SW,NAPLES
6
24. CASE NO: CEPM20110013713
OWNER: JOHN A.MCMULLIN JR AND AMY J. MCMULLIN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(n). POOL ENCLOSURE WITH TORN SCREENS.
FOLIO NO: 24831240002
VIOLATION
ADDRESS: 1223 DELMAR LANE,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
2. 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
3. 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
7
4. CASE NO: CESD20110012635
OWNER: ROCKPORT NAPLES LLC ET AL
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a).EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT
FIRST OBTAINING REQUIRED PERMITS.
FOLIO NO: 391600009
VIOLATION
ADDRESS: 3807 TAMIAMI TRAIL E,NAPLES
5. 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
6. CASE NO: CEPM20110008324
OWNER: ENCARNACION GARZA AND NANCY O.GARZA
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22,BUILDING AND BUILDING
REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-242(b)
AND 22-231(12)(C) . HOUSE IN NEED OF SOME EXTERIOR ROOF REPAIRS,PROPERTY
HAS BEEN BOARDED WITHOUT A CURRENT BOARDING CERTIFICATE.
FOLIO NO: 52650680006
VIOLATION
ADDRESS: 218 N 9TH STREET, IMMOKALEE
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20100018647
OWNER: TARPON IV LLC
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(i). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND
NOT PROPERLY FITTED WITHIN ITS FRAME,NOT PROVIDED WITH LOCKABLE
HARDWARE,NOT WEATHER-TIGHT AND WEATHERPROOF, AND NOT MAINTAINED
IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT CRACKS OR HOLES.
FOLIO NO: 65070800000
VIOLATION
ADDRESS: 616 PALMETTO AVENUE, IMMOKALEE
8
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: November 2, 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
9
October 5, 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 9:00 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: 9:11 a.m.
Reconvened: 9:30 a.m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor,noted the following changes (listed below as Agenda
item numbers):
Under Item V.B—Hearings, the following case was moved to V.0—Motion for Continuance:
• #5 -CASE NO: PU4793-CEEX20120012515-WILLIAM J.FOTRE SR TR,ITF SUZANNE M FOTRE TR
Under Item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #18-CASE NO: CEAU20120008539-SCOTT LAMP
• #13 -CASE NO: CELU20120005445-VINCENTE ANTUNEZ AND SANDRA Y.ZELAYA
• #14-CASE NO: CENA20120010303-BENNETT JOHNSTON
Under Item V.B—Hearings, the following cases were withdrawn:
• #4-CASE NO: PR048995-CEEX20120013437-STEVE MORICONI
• #6-CASE NO: PU4831-CEEX20120009279-MARBELLA LAKES OWNERS ASSOCIATION INC.
• #7-CASE NO: PU4649-CEEX20120009850-GL HOMES OF NAPLES ASSOCIATES II LTD
• #8-CASE NO: PU4870-CEEX20120009532-GL HOMES OF NAPLES ASSOCIATES II LTD
• #9-CASE NO: PU4535-CEEX20120008981-GL HOMES OF NAPLES ASSOCIATES II LTD
• #10-CASE NO: DAS12682-CEEX20120011934-CESAR TREJO
• #11 -CASE NO: CESD20120008612-EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ
• #15 -CASE NO: CEPM20120007116-GW INVESTMENTS LC
• #17-CASE NO: CEPM20120008691 -INFINITY SOUTH BAY LLC
• #19-CASE NO: CESD20120004515-ROSEMARY A.SHUGAR AND MARK THORSON
• #24-CASE NO: CEPM20110013713-JOHN A.MCMULLIN JR AND AMY J.MCMULLIN
Under Item VI.A —Motion for Imposition of Fines,the following case was withdrawn:
• #1 -CASE NO: CEPM20110003436-KEVIN W.CARTER AND JENNIFER F.CARTER
• #3 -CASE NO: CEPM20120003671 -NORMAN C.PARTINGTON
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—September 7,2012
2
October 5, 2012
The minutes of the September 7, 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
5. CASE NO: PU4793-CEEX20120012515
OWNER: WILLIAM J.FOTRE SR TR,ITF SUZANNE M FOTRE TR 4/11/89
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORD.2005-54, SEC. 118-104 3(K,L)
YARD WASTE,NOT PROPERLY PREPARED,OUT ON NON-SCHEDULED COLLECTION
DAY.NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12,WITH RECHECK
DATE SCHEDULED FOR 8/9/12,NO CHANGE IN VIOLATION,TAGGED BY WASTE
MANAGEMENT.
FOLIO NO: 48170240008
VIOLATION ADDRESS:2772 BAYVIEW DRIVE,NAPLES
Investigator Addison represented the County.
The Respondent's representative,Dirk Tucker submitted the request in writing.
Special Magistrate Garretson noted the representative did not provide proper documentation
for filing a motion on the Respondent's behalf.
The Special Magistrate DENIED the Respondent's Motion for Continuance.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEAU20120008539
OWNER: SCOTT LAMP
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(a),FLORIDA BUILDING CODE,2010 EDITION,CHAPTER 1, SECTIONS
105.1, 105.4.1,AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE
OF DISREPAIR.
FOLIO NO: 62259800002
VIOLATION ADDRESS: 5306 BROWARD STREET,NAPLES
Investigator Kincaid requested the hearing.
The Stipulation was entered into by the Respondent Scott Lamp on October 5, 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
November 5, 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 November 5, 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
October 5, 2012
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.
Total Amount Due: $112.47
2. 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
Investigator Condomina requested the hearing.
Sandra Zelaya was present, and assisted by her interpreter, Tania Antunez.
The Stipulation was entered into by the Respondent Sandra Zelaya on October 5, 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
November 5, 2012.
2 Remove all unauthorized material stored outside to a permitted enclosed structure or to a
site zoned for this type of storage or to a site zoned for this type of storage or to a site
intended for final disposal by January 7, 2013 or a $100.00 per day fine will be imposed
for each day the violation remains.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 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: $112.20
3. CASE NO: CENA20120010303
OWNER: BENNETT JOHNSTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTION 54-179.
LITTER CONSISTING OF BUT NOT LIMITED TO: LADDERS,WOOD,GROCERY CART,
TIRES,BUCKETS,CINDER BLOCK,ETC.
FOLIO NO: 36238240004
VIOLATION ADDRESS: 5203 HUNTER BLVD,NAPLES
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October 5, 2012
Investigator Musse requested the hearing.
The Stipulation was entered into by the Respondent Bennett Johnston on October 5, 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
November 5, 2012.
2 Remove all unauthorized accumulation of litter from the property and dispose in an
appropriate waste disposal facility or store desired items in a completely enclosed structure
by November 5, 2012 or a $100.00 per day fine will be imposed for each day the violation
remains.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perform a site inspection to confirm compliance 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
B. Hearings
1. CASE NO: S0142623-CEEX20120006624
OWNER: RICHARD FLEISHER
OFFICER: CORPORAL M.J.PAYNE
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS: SUNTRUST BANK, 801 LAUREL OAK DRIVE,NAPLES
Richard Fleisher was present.
Evidence entered: Exhibit A: 1 photo
Exhibit B: 1 photo
Exhibit C: 1 photo
Exhibit D: 1 photo
Corporal Payne was present.
Evidence entered: Composite Exhibit A—5 photos taken the day of the incident.
Mr. Fleisher testified:
• He is a member of the Naples Philharmonic and performs in the orchestra.
• The Suntrust bank in question is located in close proximity to the Naples Philharmonic
site.
• To his knowledge,the Naples Philharmonic and Suntrust Bank have an"agreement" for
the patrons and/or employees of the organization to park in the bank's parking lot,
including encumbering the drive though, handicapped parking spaces, drive areas, etc.
• On April 21, 2012, the evening of a performance, after 8:00pm he parked in a handicap
space in the bank's parking lot.
• Upon returning to his vehicle, he learned his vehicle had been ticketed for unlawfully
parking in a space reserved for handicap parking.
5
October 5, 2012
• He presented Exhibits A—D, which identified vehicles parking throughout the Suntrust
parking lot, in areas not designated for parking, during the evening of another event.
• The Naples Philharmonic should be notified that the area will be patrolled and citations
will be issued if parking violations are identified.
• The Officers patrolling the area should recognize the bank is closed, and exercise
discretion in applying the law in these cases.
Based on his testimony, he requested the Special Magistrate to overturn issuance of the
citation.
Corporal Payne testified:
• The officers are hired by the Naples Philharmonic on event evenings to patrol the area
and enforce traffic violations and assist in traffic control (as needed).
• On patrol that evening, he observed the vehicle parked in a handicap space without
proper display of a"handicap placard."
• Handicap parking regulations are in effect 24 hours a day, 365 days a year, with no
exceptions.
• Accordingly he issued the citation.
• While patrolling the area, he does use discretion in issuing citations.
• If a car is parked in a space which is not clearly physically or lawfully identified for"no
parking" a ticket will not be issued (i.e., if the offender is parked blocking a fire hydrant,
fire lane or handicap space without proper authorization, a ticket will be issued, however
in instances such as"Bank Parking Only, 10 minutes maximum, a ticket will not be
issued).
• He provided 5 photos identifying the vehicle and parked in a handicap space without a
"handicap placard" displayed.
• Based on the circumstances that evening, a citation was issued.
After hearing the evidence the Special Magistrate DENIED the Respondent request for
dismissal of the citation and ordered him to pay a $250.00 Fine, $50.00 Operational Costs and
$5.00 Administrative Fee for a total amount due of$305.00
Total Amount Due: $305.00
2. CASE NO: S0177953-CEEX20120012433
OWNER: TERESA MONTY
OFFICER: DEPUTY L.KELLER
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,NO VISIBLE PERMIT
VIOLATION ADDRESS: 8970 FONTANA SOL WAY,NAPLES
Teresa Monty was present.
Evidence entered: Composite Exhibit A: 4 photos
Deputy Keller was present.
Ms. Monty testified:
• On August 8, she entered the parking lot of the establishment and parked in a space
adjacent to an area clearly marked for handicap parking.
6
October 5, 2012
• The space she occupied had no sign in front of it, no blue striping and lacked a clearly
visible"wheelchair"emblem on the pavement in the middle of a space.
• She did not realize the space was reserved for handicap parking.
• She provided photos of the space in question and the adjacent space.
Based on her testimony, she requested the Special Magistrate to overturn issuance of the
citation.
Deputy Keller testified:
• The space is intended for handicap parking and there is a"faint" impression of a
"wheelchair emblem" on the pavement.
• There is a sign on the building which indicates the space if for persons permitted to park
in spaces identified for the handicapped.
After hearing the evidence the Special Magistrate took the case UNDER ADVISEMENT in
order to conduct a site visit.
Break: 11:07 a.m.
Reconvened: 11:23 a.m.
3. CASE NO: PR048951-CEEX20120012785
OWNER: DANIEL DIAZ
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION ADDRESS:DANFORD STREET,WITHIN ONE MILE OF BAYVIEW LAUNCH,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Ranger Maunz was present.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 4 photos.
Ranger Maunz testified on the day of the incident(August 18, 2012) he observed a vehicle
parked without displaying a proper receipt for parking. Accordingly he issued the citation.
Finding the Notice of Hearing was properly served, the Special Magistrate upheld issuance fo
the citation and ordered the Respondent to pay a $30.00 Fine, 50.00 Operational Costs and a
$5.00 Adminstrative Fee for a total amount due of$85.00 by November 5, 2012.
Total Amount Due: $85.00
5. CASE NO: PU4793-CEEX20120012515
OWNER: WILLIAM J. FOTRE SR TR,ITF SUZANNE M FOTRE TR 4/11/89
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORD.2005-54, SEC. 118-104 3(K,L)
YARD WASTE,NOT PROPERLY PREPARED,OUT ON NON-SCHEDULED COLLECTION
DAY.NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12,WITH RECHECK
DATE SCHEDULED FOR 8/9/12,NO CHANGE IN VIOLATION,TAGGED BY WASTE
MANAGEMENT.
FOLIO NO: 48170240008
VIOLATION ADDRESS:2772 BAYVIEW DRIVE,NAPLES
7
October 5, 2012
Date of Hearing Notice by Certified Mail: 9/20/12
Investigator Addison represented the County
The Respondent was not present.
Investigator Addison reported the first Notice of Violation issued on June 15, 2012 was abated,
however there was a repeat violation reported on July 30, 2012 with citation issued on August
14, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to pay a $100.00 Fine, Operational
Costs of$50.00, and an Administrative Fee of$5.00 for a total amount due of$155.00 by
November 5, 2012.
Total Amount Due: $155.00
12. 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
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/19/12
Investigator Pulse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 3/26/12
Exhibit B: 1 photo dated 3/26/12
Exhibit C: 1 photo dated 6/1/12
Exhibit D: 1 photo dated 6/14/12
The violation remains as of October 4, 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 the case by
November 5, 2012.
2. Abate all violations by obtaining all required Collier County Permit(s), required
inspections and Certificate of Completion necessary to replace the culvert by November 5,
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.
8
October 5, 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 Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
16. CASE NO: CEPM20120009545
OWNER: JACK FLOYD AND MURIEL FLOYD
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(1)THROUGH(20),AND SECTION 22-242. UNSECURE DWELLING IN
NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,INTERIOR
WALLS,ELECTRICAL SYSTEM,DOORS, WINDOWS,AND OTHER AREAS
THROUGHOUT DWELLING.
FOLIO NO: 759560008
VIOLATION ADDRESS: 11466 LAERTES LANE,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/18/12
Investigator Condomina presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 8/7/12
The violation remains as of October 4, 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
November 5, 2012.
2. Abate all violations by obtaining all required Collier County Demolition Permit(s) and
required inspections and Certificate of Completion by October 12, 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
20. CASE NO: CEAU20120011090
OWNER: SILVIA DERRICK
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED,
SECTION 5.03.02(F)(3). SECTIONS OF STOCKADE FENCE FALLING DOWN ON THE
PROPERTY.
FOLIO NO: 62704240007
9
October 5, 2012
VIOLATION ADDRESS:616 92ND AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/20/12
Investigator Ford presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated July 24, 2012
Exhibit B: 1 photo dated August 8, 2012
Exhibit C: 1 photo dated October 4, 2012
The violation remains as of October 4, 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 the case by
November 5, 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 Completion by
November 5, 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: $112.38
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
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/18/12
Investigator Giannone presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos dated 10/4/12
The violation remains as of October 4, 2012.
10
October 5, 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 November 5, 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 October 12,
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;
obtain a Collier County Boarding Certificate and board the structure to the required
specifications on or before October 12, 2012 and obtain all required Collier County
Building Permits inspections and Certificates of Completion/Occupancy to permit the
structure by April 5, 2013 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 Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance.
4. If the Respondents have not complied by the deadline, the County is authorized to abate
the violation by Contractor bid-out and assess the costs to the Respondent. If necessary,
assistance may be requested from the Collier County Sheriffs Office to enforce the terms
of the Stipulation.
Total Amount Due: $112.29
22. CASE NO: CENA20120007767
OWNER: MATTHEW D.WILLIAMS
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTIONS 54-179, 54-181,AND 54-185(a). LITTER CONSISTING OF BUT NOT LIMITED
TO:PET CAGES,WOOD,PLASTIC BUCKETS,PVC PIPING,SINK,BED MATTRESS,AND
BROKEN FURNITURE.ALSO WEEDS OVER 18 INCHES.
FOLIO NO: 29782320005
VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/18/12
Investigator Giannone presented the case.
Evidence entered: Composite Exhibit A: 4 photos dated 10/4/12
The violation remains as of October 5, 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
November 5, 2012.
2. Abate the violation by removing all weeds in excess of 18 inches by and removing all
accumulation of litter on the property by October 12, 2012 or a fine of$50.00 per day will
be imposed for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate subsequent Stipulation or Order of the
Special Magistrate.
11
October 5, 2012
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
23. CASE NO: CEPM20120011608
OWNER: BETTY FREDERICK EST,AND KAREN L.DONNADIO EST
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,22-
231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 36001560005
VIOLATION ADDRESS:2975 45TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/24/12
Investigator Box presented the case.
The Respondent Representative was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 8/2/12
The violation remains as of October 5, 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 November 5, 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 October 12, 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 October 12, 2012 or a fine of $250.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
5. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.38
12
October 5, 2012
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. 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: 9/20/12
Date of Hearing Notice Property/Courthouse Posting: 9/24/12
The Respondents were not present.
Investigator Musse presented the case noting the violation has been abated by the County.
Abatement Date: 7/16/12
Fine Amount: $100.00/day
Duration: 7/2/12—7/16/12 (15 days)
Total Fine Amount: $1500.00
Unpaid Abatement Costs: $2,550.00
Unpaid Operational Costs: $112.20
Total to Date: $4,162.20
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$4,162.20. Said amount to
become a lien on the property.
4. CASE NO: CESD20110012635
OWNER: ROCKPORT NAPLES LLC ET AL
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(a). EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT
FIRST OBTAINING REQUIRED PERMITS.
FOLIO NO: 391600009
VIOLATION ADDRESS:3807 TAMIAMI TRAIL E,NAPLES
Investigator Snow reported the violation has been abated
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
5. 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: 9/12/12
Date of Hearing Notice Property/Courthouse Posting: 9/21/12
13
October 5, 2012
The Respondents were not present.
Supervisor Perez presented the case noting the violation has been partially abated as the County
has secured the structure.
Fine Amount: $250.00/day
Duration: 6/9/12— 10/5/12 (119days)
Total Fine Amount: $29,750.00
Unpaid Abatement Costs: $1,910.00
Unpaid Operational Costs: $112.12
Total to Date: $31,772.12
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$31,772.12. Said amount
to become a lien on the property.
6. CASE NO: CEPM20110008324
OWNER: ENCARNACION GARZA AND NANCY O.GARZA
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDING AND BUILDING
REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-242(b)
AND 22-231(12)(C). HOUSE IN NEED OF SOME EXTERIOR ROOF REPAIRS,PROPERTY
HAS BEEN BOARDED WITHOUT A CURRENT BOARDING CERTIFICATE.
FOLIO NO: 52650680006
VIOLATION ADDRESS:218 N 9TH STREET,IMMOKALEE
Supervisor Perez reported the violation has been abated
The Special Magistrate DENIED the County's Motion for Imposition of Fines.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
1. CASE NO: CEPM20100018647
OWNER: TARPON IV LLC
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(i). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND
NOT PROPERLY FITTED WITHIN ITS FRAME,NOT PROVIDED WITH LOCKABLE
HARDWARE,NOT WEATHER-TIGHT AND WEATHERPROOF,AND NOT MAINTAINED
IN GOOD REPAIR.WINDOWPANES NOT MAINTAINED WITHOUT CRACKS OR HOLES.
FOLIO NO: 65070800000
VIOLATION ADDRESS:616 PALMETTO AVENUE,IMMOKALEE
Ms. Baker reported the County was withdrawing the request.
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.
14
October 5, 2012
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: November 2, 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 12:01 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
r Ida Garretson, Special Magistrate
The Minutes wept approved by the Special Magistrate on \4\1. 96 I ,
as presented V , or as amended
15