CESM Minutes 11/02/2012 1303m31 November 2, 2012
DEC 102012
BY: ......................
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 2, 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
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ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: November 2, 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 — October 5, 2012
IV. MOTIONS
A. Motion for Reduction /Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO: CESD20110014694
OWNER: RUBEN M. VALDEZ AND ELIZABETH V. VALDEZ
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). A SHED IN THE REAR OF THE PROPERTY AND A CARPORT
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 77162200001
VIOLATION
ADDRESS: 1203 N 18TH STREET, IMMOKALEE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0135406- CEEX20120013586
OWNER: HOLLANDER & AZCANO PA
OFFICER: DEPUTY D. SHERIDAN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67
HANDICAPPED SPACE
VIOLATION
ADDRESS: COURTHOUSE NORTH LOT, NAPLES
2. CASE NO: S0179027- CEEX20120015120
OWNER: TIMOTHY J. NEWMANN
OFFICER: DEPUTY L. KELLER
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 (1)(H)
FIRE LANE PARKING
VIOLATION
ADDRESS: HOME DEPOT, NAPLES
3. CASE NO: PR046338- CEEX20120005656
OWNER: PAUL EIDSNESS
OFFICER: PARK RANGER JAKE SULLIVAN
VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66
FAILURE TO PAY PARKING FEE
VIOLATION
ADDRESS: BAREFOOT BEACH PRESERVE, NAPLES
4. CASE NO: PU4875- CEEX20120013946
OWNER: WILLIAM J. PORSCHEN AND MAUREEN PORSCHEN
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: CODE OF LAW & ORDINANCES 2002 -17, SEC. 5.1
IRRIGATION RUNNING OUTSIDE OF RESTRICTED TIMES. NEW PLANTING MAY BE
WATERED BETWEEN 12:01 AM AND 08:00 AM.
FOLIO NO: 65223400008
VIOLATION
ADDRESS: 175 PALM RIVER BLVD, NAPLES
5. CASE NO: CEAU20120013070
OWNER: THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: 2010 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 105. 1, PERMITS.
UNPERMITTED FENCE ON THE PROPERTY
FOLIO NO: 35882160007
VIOLATION
ADDRESS: 18544 IST STREET SW, NAPLES
2
6. CASE NO:
CENA20120009480
OWNER:
FELIPA O. CRESPO TR, FELIPA O. CRESPO REV. TRUST
OFFICER:
INVESTIGATOR ART FORD
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54 -179. LITTER INCLUDING BUT NOT LIMITED TO: OLD BICYCLES, WOOD,
CONSTRUCTION EQUIPMENT, WOOD SCRAP, ETC. PILED IN THE FRONT, THE EAST
SIDE, AND THE REAR OF THE PROPERTY.
FOLIO NO:
62714160009
VIOLATION
ADDRESS:
73992 ND AVENUE N, NAPLES
7. CASE NO: CESD20110017911
OWNER: KARL SANGER AND JANET SANGER
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a) . CONCRETE WALL ERECTED ON THE FRONT OF THE PROPERTY
WITHOUT FIRST OBTAINING REQUIRED BUILDING PERMITS.
FOLIO NO: 52392920008
VIOLATION
ADDRESS: 145 PAGO PAGO DRIVE W., NAPLES
8. CASE NO: CESD20120008773
OWNER: MARIA PAZ PEREZ
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06(B)(1)(a). UNPERMITTED SHED.
FOLIO NO: 35882560005
VIOLATION
ADDRESS: 1863 40TH TERRACE SW, UNIT A, NAPLES
9. CASE NO: CEV20120013414
OWNER: LUIS A. GUTIERREZ AND CELIA CASTRO
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
4.05.03 (A). VEHICLE PARKED IN YARD.
FOLIO NO: 35989400000
VIOLATION
ADDRESS: 463625 TH AVENUE SW, NAPLES
10. CASE NO: CEPM20120006638
OWNER: LAUREN MUELLER
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: FLORIDA BUILDING CODE 2010, CHAPTER 4, SECTIONS 424.2.17.1- 424.2.17.3.
BARRIER THAT DOES NOT MEET RESIDENTIAL SWIMMING BARRIER
REQUIREMENTS.
FOLIO NO: 60782760006
VIOLATION
ADDRESS: 5308 CYPRESS LANE, NAPLES
11. CASE NO: CESD20120002518
OWNER: CONSTANTIN VERDES AND KATHY V. VERDES
OFFICER: INVESTIGATOR CHRIS AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION
10.02.06 (13)(1)(a) AND THE 2010 FLORIDA BUILDING CODE SECTION 105.1. CHICKEN
COOP AND FENCE ERECTED ON THE PROPERTY LINE WITHOUT FIRST OBTAINING
ALL REQUIRED COLLIER COUNTY PERMITS, INSPECTIONS, AND CERTIFICATE OF
COMPLETION.
FOLIO NO: 36762600000
VIOLATION
ADDRESS: 3700 GOLDEN GATE BLVD W., NAPLES
12. CASE NO: CEPM20120008709
OWNER: CHINA PAVILION INC.
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTIONS 22 -231 (12)(i) AND SECTION 22 -242. DAMAGED WINDOWS AND
UNSECURED REAR SLIDING DOOR.
FOLIO NO: 36308320003
VIOLATION
ADDRESS: 5325 CORONADO PARKWAY, NAPLES
13. CASE NO:
CEPM20120011283
OWNER:
ELSA M. FLORES AND CARLOS FLORES
OFFICER:
INVESTIGATOR HEINZ BOX
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15) AND SECTION 22- 231(12)(1). UNMAINTAINED SWIMMING POOL
WITH TORN SCREEN PANELS ON POOL ENCLOSURE.
FOLIO NO:
35994680006
VIOLATION
ADDRESS:
465025 TH COURT SW, NAPLES
14. CASE NO: CEPM20120011594
OWNER: KERI A. PRIESKORN
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(p), (19), & (2). DISCONNECTED WATER HEATER, DAMAGED
DRYWALL AND MOLD ON WALLS AND CEILINGS.
FOLIO NO: 74029001809
VIOLATION
ADDRESS: 2013 ROOKERY BAY DRIVE, UNIT 1202, NAPLES
15. CASE NO: CEPM20120012298
OWNER: SCOTT RYAN AND JENNIFER RYAN
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(15). POOL WATER IS DARK GREEN IN COLOR, STAGNANT, AND NOT
BEING PROPERLY MAINTAINED.
FOLIO NO: 59960212400
VIOLATION
ADDRESS: 16487 FELICITA COURT, NAPLES
16. CASE NO: CEPM20120011709
OWNER: GINNIE MAE AKA GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE,
SECTIONS 22- 231(12)(n), (12)(i), (12)(1), & (15). POOL THAT IS GREEN, STAGNANT,
AND NOT PROPERLY MAINTAINED, AND POOL SCREEN PANELS ARE EITHER
MISSING OR TORN.
FOLIO NO: 35767880004
VIOLATION
ADDRESS: 4318 18TH PLACE SW, NAPLES
17. CASE NO:
CEPM20120004012
OWNER:
MANUEL CORDERO
OFFICER:
INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(12)(p) AND 19. MOLD GROWING ON THE INTERIOR WALLS AND
WOOD FLOOR.
FOLIO NO:
51978030766
VIOLATION
ADDRESS:
14763 INDIGO LAKES CIRCLE, NAPLES
18. CASE NO: CEPM20120010941
OWNER: GREENFIELD VILLAGE HOMEOWNERS ASSOCIATION INC., PEACOCK COURT
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22- 231(12)(b). A HOLE IN THE REAR BUILDING AT 1712 KINGS LAKE BLVD.
FOLIO NO: 52950200005
VIOLATION
ADDRESS: 1712 KINGS LAKE BLVD, NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20120007772
OWNER: LINDA H. HAINES AND WILLIAM D. HAINES
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(2),22-231(12)(i), 22-231(l),22-231(11),22-231(12)(b), 22- 231(12)(n), 22-
231(9), 22- 231(5). COMPLIANCE WITH HOUSING STANDARDS, WATER TURNED OFF
TO PROPERTY BY CITY OF NAPLES, NO WATER ON THE PROPERTY, ELECTRIC
TURNED OFF BY FLORIDA POWER AND LIGHT, ELECTRIC ILLEGALLY HOOKED UP,
COOKING EQUIPMENT DOES NOT MEET ASME CONTAINER STANDARDS, EXTERIOR
WALLS HAVE HOLES, BRAKES AND SURFACES ARE NOT BEING PROPERLY
MAINTAINED, WINDOWS ARE BROKEN AND NOT BEING MAINTAINED, AND FENCE
AS AN ACCESSORY STRUCTURE IS DAMAGED AND NOT BEING MAINTAINED.
FOLIO NO: 53352680002
VIOLATION
ADDRESS: 3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES
2. CASE NO: CEPM20120003507
OWNER: ELEANOR D. VANDER MEIDEN
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22- 231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 68391280005
VIOLATION
ADDRESS: 346 EDGEMERE WAY N, NAPLES
3. CASE NO: CEPM20110005397
OWNER: CITIMORTGAGE INC.
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22- 231(15) . POOL THAT IS GREEN, STAGNANT, AND NOT PROPERLY MAINTAINED.
FOLIO NO: 68975005923
VIOLATION
ADDRESS: 4083 BRYNWOOD DRIVE, NAPLES
4. 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
5. CASE NO:
CEPM20120006775
OWNER:
ROBERT P. HENDRICKS AND AMANDA E. HENDRICKS
OFFICER:
INVESTIGATOR ERIC SHORT
VIOLATIONS:
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15)
AND 22- 231(12)(n). AN UNMAINTAINED POOL AND A SCREEN ENCLOSURE AROUND
THE POOL WITH TORN SCREEN.
FOLIO NO:
38972600005
VIOLATION
ADDRESS:
253148 TH AVENUE NE, NAPLES
6. CASE NO: CEPM20120000227
OWNER: ESMERALDA SALAS
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22- 231(2), (12)(d), (I 2)(i), (I 2)(p), AND (19). MOBILE HOME IN A POOR STATE OF
REPAIR WITH WINDOWS AND DOORS BROKEN AND INTERIOR FLOOR IS ROTTED
AND FULL OF HOLES. INTERIOR WALLS APPEAR TO BE ROTTED. THE INTERIOR OF
THE MOBILE HOME IS INFESTED WITH INSECT AND RODENT DROPPINGS AND THE
INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS.
FOLIO NO: 66221080005
VIOLATION
ADDRESS: 404 13TH STREET SE, IMMOKALEE
7. CASE NO: CEPM20120002331
OWNER: SIG FL LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22 -231 SUBSECTIONS 12b, 12p, 12q, AND 19. SEVERAL INTERIOR WALLS
THAT HAVE BEEN DAMAGED, AND TERMITE INFESTATION THAT HAS CAUSED
DAMAGE TO THE INTERIOR OF THE HOME, WOOD SIDING ON THE EXTERIOR, AND
TO A SUPPORT BEAM FOR THE CARPORT.
FOLIO NO: 35773840009
VIOLATION
ADDRESS: 224845 TH STREET SW, NAPLES
8. CASE NO: CENA20120009734
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI,
SECTION 54- 185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 55402400004
VIOLATION
ADDRESS: 451 TORREY PINES POINT, NAPLES
9. CASE NO: CENA20120005716
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
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
10. CASE NO: CEPM20120005859
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
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
11. 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
VII.
VIII.
IX.
X.
XI.
OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
1. CASE NO: CELU20100021285
OWNER: DAVID DELANEY AND KERRY DELANEY
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 2.02.03. MORE
THAN THREE DOGS, SIX MONTHS OR OLDER, ARE BEING KEPT ON THE PREMISES
THAT IS USED FOR RESIDENTIAL PURPOSES. THIS IS A PROHIBITED USE FOR THIS
ZONING DISTRICT.
FOLIO NO: 66262006284
VIOLATION
ADDRESS: 168 SKIPPING STONE LANE, NAPLES
2. 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
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.
REPORTS
NEXT MEETING DATE: December 7, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
ADJOURN
November 2, 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 A.M.
All those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing, Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor,noted the following changes (listed below as Agenda
item numbers):
Under VI.A —Motion for Imposition of Fines, the following case was moved to IV.0—Motion for
Extension of Time
• #7-CASE NO: CEPM20120002331 -SIG FL LLC
Under item V.B —Hearings, the following cases were moved to V.A— Stipulations:
• #18- CASE NO: CEPM20120010941 -GREENFIELD VILLAGE HOMEOWNERS ASSOCIATION INC.,
PEACOCK COURT
• #9-CASE NO: CEV20120013414-LUIS A. GUTIERREZ AND CELIA CASTRO
• #4-CASE NO: PU4875-CEEX20120013946-WILLIAM J.PORSCHEN AND MAUREEN PORSCHEN
• #11 -CASE NO: CESD20120002518-CONSTANTIN VERDES AND KATHY V. VERDES
Under item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0135406-CEEX20120013586-HOLLANDER&AZCANO PA
• #2- CASE NO: SO179027-CEEX20120015120-TIMOTHY J.NEWMANN
• #5 -CASE NO: CEAU20120013070- THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
• #6-CASE NO: CENA20120009480-FELIPA 0. CRESPO TR,FELIPA 0.CRESPO REV.TRUST
• #7-CASE NO: CESD201 1001791 1 -KARL SANGER AND JANET SANGER
• #8-CASE NO: CESD20120008773 -MARIA PAZ PEREZ
• #10-CASE NO: CEPM20120006638-LAUREN MUELLER
• #14- CASE NO: CEPM20120011594-KERI A. PRIESKORN
• #16-CASE NO: CEPM20120011709- GINNIE MAE AKA GOVERNMENT NATIONAL MORTGAGE
ASSOCIATION
• #17-CASE NO: CEPM20120004012-MANUEL CORDERO
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—October 5,2012
2
November 2, 2012
The minutes of the October 5, 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
None
C. Motion for Extension of Time
1. CASE NO: CESD20110014694
OWNER: RUBEN M.VALDEZ AND ELIZABETH V.VALDEZ
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). A SHED IN THE REAR OF THE PROPERTY AND A CARPORT
ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 77162200001
VIOLATION ADDRESS: 1203 N 18TH STREET, IMMOKALEE
Elizabeth Valdez was present and submitted the request in writnig. She reported the permit for
the shed has been submitted and is under review and she needs more time to abate the violation.
Investigator Rodriguez represented the County and had no objection to the request.
The Special Magistrate GRANTED the Motion for an Extension of Time and continued the
case to March 2, 2013.
2. CASE NO: CEPM20120002331
OWNER: SIG FL LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231 SUBSECTIONS 12b, 12p, 12q,AND 19. SEVERAL INTERIOR WALLS
THAT HAVE BEEN DAMAGED,AND TERMITE INFESTATION THAT HAS CAUSED
DAMAGE TO THE INTERIOR OF THE HOME,WOOD SIDING ON THE EXTERIOR,AND
TO A SUPPORT BEAM FOR THE CARPORT.
FOLIO NO: 35773840009
VIOLATION ADDRESS:2248 45TH STREET SW,NAPLES
Investigator Connetta represented the County and stated he has no objection to the request as
the Respondent purchased the property and was unaware of the violation. A 60 day extension to
abate the violation has been requested.
The Special Magistrate GRANTED the Motion for an Extension of Time and continued the
case to January 2, 2013.
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEPM20120010941
OWNER: GREENFIELD VILLAGE HOMEOWNERS ASSOCIATION INC.,PEACOCK COURT
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(b). A HOLE IN THE REAR BUILDING AT 1712 KINGS LAKE BLVD.
FOLIO NO: 52950200005
3
November 2, 2012
VIOLATION ADDRESS: 1712 KINGS LAKE BLVD,NAPLES
Investigator Asaro requested the hearing.
The Stipulation was entered into by the Respondent's representative Gloria Norman on
November 2, 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$113.00 incurred in the prosecution of this case by
December 2, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s), required
inspections and Certificate of Occupancy/Completion by February 2, 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 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: $113.00.
2. CASE NO: CEV20120013414
OWNER: LUIS A.GUTIERREZ AND CELIA CASTRO
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03 (A). VEHICLE PARKED IN YARD.
FOLIO NO: 35989400000
VIOLATION ADDRESS:4636 25TH AVENUE SW,NAPLES
Investigator Box requested the hearing.
The Stipulation was entered into by the Respondent Luis Guitierrez on November 2, 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
December 2, 2012.
2. Abate all violations by removing and/or storing the vehicle in a completely enclosed
structure or parking the vehicle on a stabilized surface by November 5, 2012 or pay a fine
of$50.00 for each day 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
November 2, 2012
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: $112.29
3. CASE NO: PU4875-CEEX20120013946
OWNER: WILLIAM J.PORSCHEN AND MAUREEN PORSCHEN
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: CODE OF LAW&ORDINANCES 2002-17, SEC. 5.1
IRRIGATION RUNNING OUTSIDE OF RESTRICTED TIMES.NEW PLANTING MAY BE
WATERED BETWEEN 12:01 AM AND 08:00 AM.
FOLIO NO: 65223400008
VIOLATION ADDRESS: 175 PALM RIVER BLVD,NAPLES
Investigator Andresky requested the hearing.
The Stipulation was entered into by the Respondent's representative Steve Richart on
November 2, 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 a Civil Penalty of$75.00, Court Costs of$50.00 and an Administration Fee of$5.00 for
a total amount due of$130.00 by December 2, 2012.
Total Amount Due: $130.00
4. CASE NO: CESD20120002518
OWNER: CONSTANTIN VERDES AND KATHY V.VERDES
OFFICER: INVESTIGATOR CHRIS AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a)AND THE 2010 FLORIDA BUILDING CODE SECTION 105.1. CHICKEN
COOP AND FENCE ERECTED ON THE PROPERTY LINE WITHOUT FIRST OBTAINING
ALL REQUIRED COLLIER COUNTY PERMITS,INSPECTIONS,AND CERTIFICATE OF
COMPLETION.
FOLIO NO: 36762600000
VIOLATION ADDRESS:3700 GOLDEN GATE BLVD W.,NAPLES
Investigator Ambach requested the hearing.
The Stipulation was entered into by Respondent Constantin Verdes on November 2, 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
December 2, 2012.
2. Abate all violations by obtaining all required Collier County Building Permit(s),
inspections and Certificate of Occupancy/Completion to permit the fence or remove the
fence by December 2, 2012 or a fine of$150.00 per day will be imposed until the violation
has been abated thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
5
November 2, 2012
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. 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
Investigator Box represented the County.
Rebecca Winner,Attorney, represented the Respondent.
Jen Baker stated the County is withdrawing the case.
6. CASE NO: CEPM20120000227
OWNER: ESMERALDA SALAS
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDING AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(2),(12)(d),(12)(i),(12)(p),AND(19). MOBILE HOME IN A POOR STATE OF
REPAIR WITH WINDOWS AND DOORS BROKEN AND INTERIOR FLOOR IS ROTTED
AND FULL OF HOLES. INTERIOR WALLS APPEAR TO BE ROTTED. THE INTERIOR OF
THE MOBILE HOME IS INFESTED WITH INSECT AND RODENT DROPPINGS AND THE
INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS.
FOLIO NO: 66221080005
VIOLATION ADDRESS:404 13TH STREET SE,IMMOKALEE
Supervisor Perez represented the County and reported the violation has been abated as of
October 9, 2012, with a total fines accrued in the amount of $55,000.
Esmeralda Salas was present.
The Special Magistrate DENIED the County'y Motion for Imposition of Fines.
V. PUBLIC HEARINGS (continued)
B. Hearings
3. CASE NO: PR046338-CEEX20120005656
OWNER: PAUL EIDSNESS
OFFICER: PARK RANGER JAKE SULLIVAN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO PAY PARKING FEE
VIOLATION ADDRESS: BAREFOOT BEACH PRESERVE,NAPLES
Date of Hearing Notice by Certified Mail: 10/17/12
The Respondent was not present.
6
November 2, 2012
Investigator Sullivan presented the case reporting a citation was issued on April 7, 2012 for
failure to pay a parking fee.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay a Fine of$30.00, Operational Costs of$50.00 and an Administration Fee of$5.00 for a
total amount due of$85.00 by December 2, 2012.
Total Amount Due: $85.00
12. CASE NO: CEPM20120008709
OWNER: CHINA PAVILION INC.
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,
SECTIONS 22-231 (12)(i)AND SECTION 22-242. DAMAGED WINDOWS AND
UNSECURED REAR SLIDING DOOR.
FOLIO NO: 36308320003
VIOLATION ADDRESS: 5325 CORONADO PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/18/12
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 7 photos dated 11/1/12
The violation remains as of June 11/2/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the
prosecution of the case on or before December 2, 2012.
2. Obtain all required Collier County Building Permits, inspections and a Certificate of
Completion to restore windows/doors to a permitted condition on or before December 2,
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 November 9, 2012 and obtain all required Collier County
Building Permits inspections and Certificates of Completion/Occupancy by May 2, 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 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: $112.38
7
November 2, 2012
13. CASE NO: CEPM20120011283
OWNER: ELSA M. FLORES AND CARLOS FLORES
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15)AND SECTION 22-231(12)(1).UNMAINTAINED SWIMMING POOL
WITH TORN SCREEN PANELS ON POOL ENCLOSURE.
FOLIO NO: 35994680006
VIOLATION ADDRESS:4650 25T11 COURT SW,NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/18/12
Investigator Box presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 3 photos dated 7/30/12
Exhibit B: 1 photo dated 11/1/12
The violation remains as of 11/2/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$112.29 incurred in the prosecution of the case on or before
December 2, 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 November 9, 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 November 9, 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. Make all necessary repairs of the pool cage structure on or before November 9, 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.
5. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
6. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.29
15. CASE NO: CEPM20120012298
OWNER: SCOTT RYAN AND JENNIFER RYAN
OFFICER: INVESTIGATOR DANNY CONDOMINA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WATER IS DARK GREEN IN COLOR, STAGNANT,AND NOT
BEING PROPERLY MAINTAINED.
FOLIO NO: 59960212400
VIOLATION ADDRESS: 16487 FELICITA COURT,NAPLES
8
November 2, 2012
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/17/12
Investigator Mucha presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 11/1/12
The violation remains as of 11/2/12.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$112.47 incurred in the prosecution of the case on or before
December 2, 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 November 9, 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 November 9, 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: $112.47
C. Emergency Cases:
None
VII. NEW BUSINESS (continued)
B. Motion for Imposition of Fines:
1. CASE NO: CEPM20120007772
OWNER: LINDA H.HAINES AND WILLIAM D. HAINES
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(2),22-231(12)(i),22-231(1),22-231(11),22-231(12)(b),22-231(12)(n),22-
231(9),22-231(5). COMPLIANCE WITH HOUSING STANDARDS,WATER TURNED OFF
TO PROPERTY BY CITY OF NAPLES,NO WATER ON THE PROPERTY,ELECTRIC
TURNED OFF BY FLORIDA POWER AND LIGHT,ELECTRIC ILLEGALLY HOOKED UP,
COOKING EQUIPMENT DOES NOT MEET ASME CONTAINER STANDARDS,EXTERIOR
WALLS HAVE HOLES,BRAKES AND SURFACES ARE NOT BEING PROPERLY
MAINTAINED, WINDOWS ARE BROKEN AND NOT BEING MAINTAINED,AND FENCE
AS AN ACCESSORY STRUCTURE IS DAMAGED AND NOT BEING MAINTAINED.
FOLIO NO: 53352680002
VIOLATION ADDRESS:3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES
9
November 2, 2012
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 1022/12
The Respondents were not present.
Investigator Snow presented the case noting the violation has not been abated.
Special Magistrate Order: 6/1/12
Fine Amount: Part A: $500.00/day; PartB: $500.00/day; Part C: $500.00/day
Duration: 27 days (Part A, B and C).
Total Fine Amount: $40,500.00
Total to Date: $40,500.00
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$40,500.00. Said amount
to become a lien on the property with fines continuing to accrue.
2. CASE NO: CEPM20120003507
OWNER: ELEANOR D.VANDER MEIDEN
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). UNMAINTAINED SWIMMING POOL.
FOLIO NO: 68391280005
VIOLATION ADDRESS:346 EDGEMERE WAY N,NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/18/12
The Respondents were not present.
Investigator Box presented the case noting the violation has been abated by the County.
Fine Amount: $250.00/day
Duration: 8/11/12 —9/18/12 (39 days)
Total Fine Amount: $9,750.00
Unpaid Abatement Costs: $1,007.10
Unpaid Operational Costs: $112.78
Total to Date: $10,869.48
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$10,869.48. Said amount
to become a lien on the property with fines continuing to accrue.
3. CASE NO: CEPM20110005397
OWNER: CITIMORTGAGE INC.
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231(15) .POOL THAT IS GREEN, STAGNANT,AND NOT PROPERLY MAINTAINED.
FOLIO NO: 68975005923
VIOLATION ADDRESS:4083 BRYNWOOD DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/19/12
The Respondents were not present.
10
November 2, 2012
Supervisor Bosa presented the case noting the violation has been abated, abatement costs paid
and recommended the fines be waived.
Abatement Date: 12/19/12
Special Magistrate Order: 11/1/11
Fine Amount: $250.00/day
Duration: 41 days
Total Fine Amount: $10,250.00
Paid Abatement Costs: $2,311.20
Paid Operational Costs: $112.38
Total to Date: $10,250.00
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
5. CASE NO: CEPM20120006775
OWNER: ROBERT P.HENDRICKS AND AMANDA E.HENDRICKS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDINGS AND BUILDING
REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,SECTION 22-231(15)
AND 22-231(12)(n). AN UNMAINTAINED POOL AND A SCREEN ENCLOSURE AROUND
THE POOL WITH TORN SCREEN.
FOLIO NO: 38972600005
VIOLATION ADDRESS:2531 48TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/17/12
The Respondents were not present.
Investigator Short presented the case noting the violation has been abated by the County.
Special Magistrate Order: 7/6/12
Fine Amount: $150.00/day
Duration: 8/7/12 - 9/4/12 (29 days) Part B and Part C
Total Fine Amount: Part B - $4,350.00; Part C $4,350.00
Unpaid Abatement Costs: $1,499.40
Unpaid Operational Costs: $112.12
Total to Date: $10,411.52
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 $10,411.52. Said amount
to become a lien on the property.
8. CASE NO: CENA20120009734
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT.
FOLIO NO: 55402400004
VIOLATION ADDRESS:451 TORREY PINES POINT, NAPLES
Date of Hearing Notice by Certified Mail: 10/18/12
11
November 2, 2012
Date of Hearing Notice Property/Courthouse Posting: 10/17/12
The Respondents were not present.
Investigator Snow presented the case noting the violation has been abated.
Special Magistrate Order: 8/3/12
Fine Amount: $50.00/day
Duration: 26 days
Total Fine Amount: $1,300.00
Unpaid Abatement Costs: $30.00
Unpaid Operational Costs: $112.56
Total to Date: $1,442.56
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$1,442.56. Said amount to
become a lien on the property.
9. CASE NO: CENA20120005716
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
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
Cases 9 and 10 were combined.
10. CASE NO: CEPM20120005859
OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
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: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/18/12
The Respondents were not present.
Investigator Snow presented the case noting the violation has been abated and Operational
Costs paid.
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
11. 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
12
November 2, 2012
Date of Hearing Notice by Certified Mail: 10/18/12
Date of Hearing Notice Property/Courthouse Posting: 10/19/12
The Respondents were not present.
Investigator Mucha presented the case noting the violation has not been abated.
Fine Amount: $100/day
Duration: 26 days
Total Fine Amount: $ 2,600.00
Unpaid Operational Costs: $112.38
Total to Date: $2,712.38
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$2,712.38. Said amount to
become a lien on the property with fines continuing to accrue.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
1. CASE NO: CELU20100021285
OWNER: DAVID DELANEY AND KERRY DELANEY
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03.MORE
THAN THREE DOGS, SIX MONTHS OR OLDER,ARE BEING KEPT ON THE PREMISES
THAT IS USED FOR RESIDENTIAL PURPOSES. THIS IS A PROHIBITED USE FOR THIS
ZONING DISTRICT.
FOLIO NO: 66262006284
VIOLATION ADDRESS: 168 SKIPPING STONE LANE,NAPLES
Ms. Baker reported there have been changes in the Land Development Codes that affect the
case. The County wishes to rescind the previous order.
The Special Magistrate GRANTED the County's request to Rescind a Previously Issued Order.
2. 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
Ms. Baker reported their has been a change in ownership of the property.
The Special Magistrate GRANTED the County's request to Rescind a Previously Issued Order.
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
13
November 2, 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: December 7, 2012 at 9:00 A.M. at the Collier County Government Center,
3299 East Tamiami Trail, Building F,3rd Floor,Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:15 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
da Garretson, Sp •: Magistrate
The Minutes were approved by the Special Magistrate on I 2j 1 7^
as presented V , or as amended
14