CESM Minutes 12/07/2012 December 7, 2012
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 7, 2012 3 0 3 E V
JAN 08 2012 jij
LET IT BE REMEMBERED the Collier County Special Magistrate, havi�ng'coiidueted`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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Hiller
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Date:
Item#: 140 1 2A-2-
Copies to:
ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
December 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 9:08 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: 9:17 a.m.
Reconvened: 9:40 a.m.
II. APPROVAL OF AGENDA
Jennifer Baker, Code Enforcement Supervisor,noted the following changes (listed below as Agenda
Item Numbers):
Under Item IV.0—Motion for Extension of Time, the following case was withdrawn
• #1 - CASE NO: CEPM20100003914-SIEGFRIED AND IRENE FASCHER R/F TRUST UTD 9/24/93
Under Item V.B —Hearings, the following case was moved to IV.B —Motion for Continuance:
• #11 - CASE NO: CEPM20120013875 -LINDA C. DAIGLE
Under Item V.B—Hearings, the following cases were moved to V.A—Stipulations:
• #3 -CASE NO: PU4535-CEEX20120008981 -GL HOMES OF NAPLES ASSOCIATES II LTD
• #4-CASE NO: PU4831-CEEX20120009279 -MARBELLA LAKES OWNERS ASSOCIATION INC
• #12-CASE NO: CELU20120014916-MARIAN J. BAKER AND THOMAS BAKER
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: PR048689-CEEX20120012404-SIXT RENT A CAR LLC
• #5 -CASE NO: DAS12826-CEEX20120016981 -MARIE POLLARA
• #6-CASE NO: DAS12827-CEEX20120016989-MARIE POLLARA
• #8-CASE NO: CEPM20120012660-AMERIQUEST MORTGAGE SECURITIES INC
• #9-CASE NO: CEPM20120013134-ROSE MCLAUGHLIN
• #10-CASE NO: CEAU20120009040-GREGORY T.HAGEN
• #17-CASE NO: CEA20120013025 -ROBIN L. BRUSCINI
• #19-CASE NO: CEPM20120013895- SFR 2012-1, FLORIDA LLC
• #21 -CASE NO: CEEX20120017427-ANN MARIE CRUZ
• #22-CASE NO: CEEX20120017428-ANN MARIE CRUZ
Under Item VI.A—Motion for Imposition of Fines, the following case was withdrawn:
• #1 -CASE NO: CEPM20120009061 -HSBC BANK USA NA TR,ACE SECURITIES CORPORATION
• #2-CASE NO: CEAU20120011090-SILVIA DERRICK
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December 7, 2012
• #6-CASE NO: CEPM20120006379-DENNIS WOLFE AND ROBERTA WOLFE
Under Item VII.B—Motion to Rescind Previously Issued Order, the following cases were added:
• #1 - CEPM20120009061 HSBC Bank
• #2 - CEPM20110000743 HSBC Bank
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—November 2,2012
The minutes of the November 2, 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
11. CASE NO: CEPM20120013875
OWNER: LINDA C.DAIGLE
OFFICER: INVESTIGATOR JAMES DAVIS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,CHAPTER 22,
SECTION 22-231(12)(c), (i),AND(p). RESIDENCE IS VACANT AND UNSECURED,
WINDOWS BROKEN,DOORS ARE REMOVED, INTERIOR WALLS ARE INFESTED WITH
MOLD, ROOF IS IN NEED OF REPAIR.
FOLIO NO: 37598720001
VIOLATION ADDRESS:2045 WILSON BLVD N,NAPLES
Linda Daigle submitted the request in writing.
Investigator Davis represented the County stating he had no objection to the request.
The Special Magistrate GRANTED the Motion for Continuance and continued the case to a
future date.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. 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
Investigator Sanchez requested the hearing.
The Stipulation was entered into by the Respondent's representative Heather C. Keith, ESQ. on
December 6, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
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December 7, 2012
1. To prepare and distribute a memo to all of its direct employees and direct contractors
working in the RiverStone at Naples residential community which memo shall stress the
importance of complying with the Collier County Utility Code and warning that violations
of the Utility Code, including the unauthorized use of water, will not be tolerated.
Respondent agrees to distribute said memo to its employees and contractors by January 12,
2013 and notify the County on compliance of said directive.
2. To pay a civil penalty in the amount of$350.00 for Citation No. PU 4535, Operational
Costs in the amount of$50.00 and an Administrative Fee of$5.00 for a total amount due
of$405.00. Payment shall be made to Collier County by January 12, 2013.
Amount Due: $405.00
2. CASE NO: PU4831-CEEX20120009279
OWNER: MARBELLA LAKES OWNERS ASSOCIATION INC
OFFICER: INVESTIGATOR RAY ADDISON
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 1.4b SUBSECTION 1
CROSSING PROPERTY LINE WITH WATER HOSE FOR CONSTRUCTION AT
DIFFERENT FOLIO NUMBER/ADDRESS.
FOLIO NO: 56610000208
VIOLATION ADDRESS: 6395 LAGUNA CIRCLE,NAPLES
Investigator Addison requested the hearing.
The Stipulation was entered into by the Respondent's representative Heather C. Keith, ESQ. on
December 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. To prepare and distribute a memo to all of its direct employees and direct contractors
working in the RiverStone at Naples residential community which memo shall stress the
importance of complying with the Collier County Utility Code and warning that violations
of the Utility Code, including the unauthorized use of water, will not be tolerated.
Respondent agrees to distribute said memo to its employees and contractors by January 12,
2013 and notify the County on compliance of said directive.
2. To pay Operational Costs in the amount of$50.00 and an Administrative Fee of$5.00 for
a total amount due of$55.00. Payment shall be made to Collier County by January 12,
2013.
Total Amount Due: $55.00
3. CASE NO: CELU20120014916
OWNER: MARIAN J.BAKER AND THOMAS BAKER
OFFICER: INVESTIGATOR STEPHEN ATHEY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
1.04.01(A)AND 2.02.03. VEHICLES FOR SALE ON PROPERTY,ALSO NO VISIBLE
LICENSE PLATES ON VEHICLES.
FOLIO NO: 67281240004
VIOLATION ADDRESS:326 RIDGE DRIVE,NAPLES
Investigator Athey requested the hearing.
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December 7, 2012
The Stipulation was entered into by Thomas Baker on December 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 the case by
February 7, 2013.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle,
or storing vehicles within a completely enclosed structure, or removing offending vehicles
from the property by January 7, 2013 or a fine of$50.00 for each day the violation
continues 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: $112.47
B. Hearings
15. CASE NO: CEAU20120009405
OWNER: FOREST PARK MASTER PROPERTY OWNERS ASSOCIATION INC.
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: 2010 BUILDING CODE,CHAPTER 1 SCOPE AND ADMINISTRATION,PART 1 SCOPE
AND APPLICATION, SECTION 105 PERMITS, 105.1 REQUIRED.PERMIT#2001061594
FOR A"6 FT PRE-CAST FENCE"PERMIT EXPIRED ON DECEMBER 25,2001,
CERTIFICATE OF COMPLETION WAS NOT ISSUED.
FOLIO NO: 33140000364
VIOLATION ADDRESS:NO SITE ADDRESS
Investigator Musse represented the County.
Michael Towns, Property Manager and Kenneth Teebagy, Homeowner represented the
Respondent.
County Evidence Entered: Exhibit A— 1 photo dated 6/29/12
Exhibit B —Permit#200161594
Investigator Musse testified:
• Upon investigation into an inquiry by a landowner on whose responsibility it was to
maintain the fence, it was determined a permit was issued to install the fence in 2001.
• The permit was issued to the Developer, however no Certificate of Completion is on file.
• The permit was deemed "cancelled"by the County on April 20, 2004.
• Based on a these facts, the notice of violation was issued.
Mr. Towns testified:
• The fence abuts County owned property, the Golden Gate Community Center.
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December 7, 2012
• It was in need of repair, and there was a question on who is responsible for the repairs as
the fence is located on private property (homeowner lands), not common lands controlled
by the Association.
• The fence has been repaired by the Association.
Respondent Evidence Entered: Composite Exhibit A: 2 photos dated 12/5/12.
Mr. Teebagy testified:
• The original builder and developer have been contacted and they stated the fence was
inspected by the County after the original construction was completed.
• They do not have a record of the inspection report.
• In 2008, the developer ascertained a Certificate of Completion for the entire project,
which should have included the fence in question.
• The fence was constructed in conformance with the building code requirements at the
time it was installed.
• He provided photos of the fence showing it is in good repair.
Upon hearing the evidence, the Special Magistrate found the Respondent NOT GUILTY, as
there is insufficient evidence to support existence of a violation.
Break: 10:47 a.m.
Reconvened: 10:54 a.m.
2. CASE NO: PR049169-CEEX20120015848
OWNER: EAN HOLDINGS LLC
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS:VANDERBILT BEACH ROAD,NAPLES
Date of Hearing Notice by Certified Mail: 11/19/12
Delivered: 11/26/12
Ranger Maunz presented the case.
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 in the amount of$50.00 and an Administrative
Fee in the amount of$5.00 for a total amount due of$85.00 by January 7, 2013.
Total Amount Due: $85.00
7. CASE NO: CENA20120015717
OWNER: JUAN HERNANDEZ AND ADRIANNA GARCIA
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI WEEDS,LITTER,AND EXOTICS, SECTION 54-186(a)AND
UNAUTHORIZED ACCUMULATION OF LITTER, SECTION 54-181.LITTER AND DEBRIS
CONSISTING OF BUT NOT LIMITED TO: OLD CLOTHING,BROKEN TELEVISION,OLD
FURNITURE,METAL,PLASTIC,AND HOUSEHOLD TRASH.
FOLIO NO: 37060160005
VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W.,NAPLES
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December 7, 2012
Date of Hearing Notice by Certified Mail: 11/19/12
Date of Hearing Notice Property/Courthouse Posting: 11/26/12
Investigator Ambach presented the case.
Evidence entered: Exhibit A: 1 photo dated 10/15/12
Exhibit B: 1 photo dated 12/6/12
The violation remains as of December 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 the case by
January 7, 2013.
2. Abate the violation by removing all unauthorized accumulation of litter from the property
to an appropriate waste disposal facility and remove any and all abandoned or derelict
property from the location in question to a site intended for final disposal by December 10,
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: $112.38
The Special Magistrate stated the case was a repeat violation with fines to be imposed at a
higher rate should there be another occurrence.
13. CASE NO: CEPM20120012329
OWNER: TAYLOR,BEAN AND WHITAKER MORTGAGE CORP.
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231, SUBSECTIONS 12k, 12n,AND 15. SCREEN PANELS MISSING/TORN
FOR POOL ENCLOSURE,FRONT DOOR MISSING HARDWARE,AND UNMAINTAINED
SWIMMING POOL.
FOLIO NO: 56570005408
VIOLATION ADDRESS:717 CROSSFIELD CIRCLE,NAPLES
Date of Hearing Notice by Certified Mail: 11/19/12
Date of Hearing Notice Property/Courthouse Posting: 11/26/12
Investigator Ford presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 2 photos dated 8/16/12
Composite Exhibit B: 3 photos dated 10/27/12
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December 7, 2012
The violation remains as of December 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$112.56 incurred by Code Enforcement during the
prosecution of the case on or before January 7, 2013.
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 December 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 December 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. Make all necessary repairs of the pool cage structure on or before December 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.
5. Repar the front door to a permitted condition or a fine of$250.00 per day will be imposed
for each day the violation remains thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
6. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a
Saturday, Sunday or legal holiday, then the notification must be made on the next day that
is not a Saturday, Sunday or legal holiday.
7. If the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $112.56
14. CASE NO: CEPM20120014330
OWNER: THOMAS A. LORINO
OFFICER: INVESTIGATOR JAMES DAVIS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 68986773189
VIOLATION ADDRESS: 9137 QUARTZ LANE,NAPLES
Date of Hearing Notice by Certified Mail: 11/19/12
Date of Hearing Notice Property/Courthouse Posting: 11/20/12
Investigator Davis presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 10/4/12
The violation remains as of December 7, 2012.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
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December 7, 2012
1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the
prosecution of the case on or before January 7, 2013.
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 December 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 December 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 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: CESD20120015121
OWNER: OPTION ONE MTG LOAN TRUST
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
Date of Hearing Notice by Certified Mail: 11/19/12
Date of Hearing Notice Property/Courthouse Posting: 11/19/12
Investigator Pulse presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: Aerial photos of property dated 2002, 2003, 2004 and 2005
Exhibit B: photo dated 3/20/12
Exhibit C: photo dated 6/7/12
Exhibit C: photo dated 11/7/12
The violation remains as of December 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
January 7, 2013.
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 January 7, 2013 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
9
December 7, 2012
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
18. CASE NO: CEPM20120017192
OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). UNMAINTAINED POOL-REPEAT VIOLATION.
FOLIO NO: 55402400004
VIOLATION ADDRESS:451 TORREY PINES POINT,NAPLES
Date of Hearing Notice by Certified Mail: 11/19/12
Date of Hearing Notice Property/Courthouse Posting: 11/19/12
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 11/7/12
Exhibit B: 1 photo dated 12/6/12
The violation remains as of December 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$112.56 incurred by Code Enforcement during the
prosecution of the case on or before January 7, 2013.
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 December 14, 2012 or a fine
of$500.00 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 December 14, 2012 or a fine of $500.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
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: $112.56
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December 7, 2012
20. CASE NO: CEPM20120013543
OWNER: JEAN E.POLCHE AND BRULIA BRUNY
OFFICER: INVESTIGATOR MICHELLE SCAVONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND THE 2010 FLORIDA BUILDING CODE,CHAPTER 4, SECTION
424,424.2,AND 424.2.17. POOL WATER AND POOL ENCLOSURE NOT BEING
MAINTAINED.
FOLIO NO: 49481480006
VIOLATION ADDRESS:4123 CINDY AVENUE,NAPLES
Date of Hearing Notice by Certified Mail: 11/20/12
Personal Service: 11/21/12
Investigator Snow presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 2 photos dated 9/24/12
The violation remains as of December 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 the Operational Costs of 112.38 incurred by Code Enforcement during the prosecution
of the case on or before January 7, 2013.
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 December 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 December 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. Make all necessary repairs of the pool cage structure on or before December 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.
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: $112.38
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
3. CASE NO: CEPM20120005148
OWNER: MARK L. SZUREK
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December 7, 2012
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). A POOL WITH ALGAE GROWTH.
FOLIO NO: 53000160007
VIOLATION
ADDRESS: 2305 KINGS LAKE BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 11/20/12
Date of Hearing Notice Property/Courthouse Posting: 11/20/12
The Respondent was not present.
Investigator Snow presented the case noting the violation has been abated by the County.
Abatement Date: 10/2/12
Special Magistrate Order: 8/3/12
Fine Amount: $250.00/day
Duration: (53 days)
Total Fine Amount: $13,250.00
Unpaid Abatement Costs: $1,094.90
Unpaid Operational Costs: $112.56
Total to Date: $14,457.46
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$14,457.46. Said amount
to become a lien on the property.
4. 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: 11/20/12
Date of Hearing Notice Property/Courthouse Posting: 11/19/12
The Respondent was not present.
Investigator Snow presented the case noting the violation has been abated.
Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the
County's Motion for Imposition of Fines.
5. 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: 11/20/12
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December 7, 2012
Date of Hearing Notice Property/Courthouse Posting: 11/16/12
The Respondents were not present.
Supervisor Bosa presented the case noting the violation has been abated by the County.
Special Magistrate Order: 9/7/12
Fine Amount: $250.00/day
Duration: (45 days)
Total Fine Amount: $11,250.00
Unpaid Abatement Costs: $3,672.76
Unpaid Operational Costs: $112.73
Total to Date: $15,035.43
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$15,035.43. Said amount
to become a lien on the property.
7. CASE NO: CEPM20120008040
OWNER: DEUTSCHE BANK NATIONAL TRUST CO ATF THE HOLDERS OF GSAMP TRUST
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
Date of Hearing Notice by Certified Mail: 11/20/12
Date of Hearing Notice Property/Courthouse Posting: 11/20/12
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated.
Special Magistrate Order: 9/7/12
Fine Amount: $250/00/day
Duration (21 days)
Total Fine Amount: $5,250.00
Unpaid Abatement Costs: $1,153.50
Unpaid Operational Costs: $112.29
Total to Date: $6,515.79
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$6,515.79. Said amount to
become a lien on the property.
8. CASE NO: CEPM20120001710
OWNER: JENNIFER BONACKI
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(p)AND 19. MOLD GROWING ON THE INTERIOR WALLS AND
BASEBOARDS OF A VACANT CONDO.
FOLIO NO: 51080001984
VIOLATION ADDRESS:2456 MILLCREEK LANE,UNIT 103,NAPLES
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December 7, 2012
Date of Hearing Notice by Certified Mail: 11/20/12
Date of Hearing Notice Property/Courthouse Posting: 11/20/12
The Respondent was not present.
Supervisor Bosa presented the case noting the violation has not been abated.
Special Magistrate Order: 6/1/12
Fine Amount: $250.00/day
Duration: (181 days)
Total Fine Amount: $45.250.00
Unpaid Operational Costs: $112.56
Total to Date: $45,362.56
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$45,362.56. 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. CEPM 20120009061 HSBC Bank
Ms. Baker requested the Order be Rescinded (OR 4837 PG 1940)as the Bank is not the owner
of the property.
The Special Magistrate GRANTED the County's Motion to Rescind the Previously Issued
Order.
2. CEPM20110000743 HSBC Bank
Ms. Baker requested the Orders be Rescinded (OR 4681 PG 2199 and OR 4737 PG 97) as the
Bank is not the owner of the property.
The Special Magistrate GRANTED the County's Motion to Rescind the Previously Issued
Orders.
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
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December 7, 2012
X. NEXT MEETING DATE: January 4, 2013 at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:35 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
• •
B •nda Garret ; , Special Magistrate
The Minutes we approved by the Special Magistrate on i
as presented , or as amended
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