CESM Minutes 01/04/2013 Code Enforcement
Special Magistrate
Minutes
January 4, 2013
January 4, 2013
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 4, 2013
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
ALSO PRESENT:
Jennifer Baker, Code Enforcement Supervisor
Kerry Adams, Code Enforcement Administrative Secretary
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: January 4,2013 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—December 7,2012
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
1. CASE NO: CESD20120002950
OWNER: MERCEDES ORTIZ
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(a). SEVERAL UNPERMITTED IMPROVEMENTS/ADDITIONS TO INCLUDE
CABANAS, STORAGE BUILDING,LANAI,AND ROOF ADDITION WITHOUT PERMITS.
FOLIO NO: 35743720007
VIOLATION
ADDRESS: 2184 46T11 TERRACE SW,NAPLES
1
2. CASE NO: CEPM20120001264
OWNER: ISRAEL DOMINGO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDING AND
BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION
22-231 (11),(12)(d),(12)(b),(12)(i),(12)(p),AND(19). STRUCTURE IN A VERY POOR
STATE OF REPAIR WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS.
STRUCTURE IS BEING USED AS A DRUG AND PROSTITUTION HOUSE.
FOLIO NO: 00082963903
VIOLATION
ADDRESS: 3036 IMMOKALEE DRIVE,IMMOKALEE
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: 50156992-CEEX20120018012
OWNER: JAMES V.GRANDE
OFFICER: DEPUTY BARRY ARDREY
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: FLAMINGO AND CARDINAL,NAPLES
2. CASE NO: SO148892-CEEX20120017775
OWNER: MARTIN DOMAN
OFFICER: DEPUTY G. SCHORE
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 5080 ANNUNCIATION CIRCLE,NAPLES
3. CASE NO: S0178025-CEEX20120017624
OWNER: LORRIE GOLD
OFFICER: DEPUTY L.KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: HOLLYWOOD,NAPLES
2
4. CASE NO: PR049242-CEEX20120018252
OWNER: DAVID AND PATRICIA BOESCHE
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH TICKET
VIOLATION
ADDRESS: BAYVIEW,NAPLES
5. CASE NO: PR049333-CEEX20120018119
OWNER: ROBERT LALLIER
OFFICER: PARK RANGER PETILLO JONES
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: CLAM PASS PARK,NAPLES
6. CASE NO: PR049334-CEEX20120018260
OWNER: ROBERT LALLIER
OFFICER: PARK RANGER PETILLO JONES
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
NO BEACH STICKER OR PAID RECEIPT
VIOLATION
ADDRESS: CLAM PASS PARK,NAPLES
7. CASE NO: PU4540-CEEX20120017418
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 134-174(A)(N)
UNLAWFUL CONNECTION TO COUNTY WATER LINE BY HOOKING WATER HOSE TO
TEST PORT.
VIOLATION
ADDRESS: 3437 RUNAWAY LANE,NAPLES
8. CASE NO: PU4539-CEEX20120017419
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&01W. 2001-73, SECTION 134, 126(A)(6)
ALTERING BACKFLOW DEVICE WITHOUT COUNTY APPROVAL.
VIOLATION
ADDRESS: 3420 RUNAWAY LANE,NAPLES
9. CASE NO: PU4538-CEEX20120017420
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 134, 126(A)(6)
ALTERING BACKFLOW DEVICE WITHOUT COUNTY APPROVAL.
VIOLATION
ADDRESS: 3429 RUNAWAY LANE,NAPLES
3
10. CASE NO: PU5006-CEEX20120017422
OWNER: ACN HOLDINGS LLC
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAW&ORD. 118-66, SECTION A
UNCONTAINERIZED LITTER CONSISTING OF BUT NOT LIMITED TO PAPER TOWELS,
WATER BOTTLES,PAPER,TORN BAGS OF TRASH,ETC. LITTER IS BEING WIND
DRIVEN THROUGHOUT THE PROPERTY.
FOLIO NO: 38103120008
VIOLATION
ADDRESS: 6800 GOLDEN GATE PARKWAY,NAPLES
11. CASE NO: PU4794-CEEX20120018546
OWNER: LLOYD L.BOWEIN
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORD. 118-62/134-174, SECTION B(3)
SEWER CLEAN OUT CAP WAS REMOVED,ALLOWING RAW SEWAGE FROM
BUILDING TO DRAIN OUT ON GROUND. CONTACT WITH SOIL WAS MADE,PUDDLES
OF SEWAGE IN PARKING LOT. SEWER LINES TO COUNTY CONNECTION BLOCKED.
FOLIO NO: 71781320009
VIOLATION
ADDRESS: 3385 BAYSHORE DRIVE,NAPLES
12. CASE NO: CEA20120013025
OWNER: ROBIN L.BRUSCINI
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.02.07. PIG/HOG ON RESIDENTIALLY ZONED PROPERTY.
FOLIO NO: 38342760009
VIOLATION
ADDRESS: 5640 NAPA WOODS WAY,NAPLES
13. CASE NO: CEPM20120017683
OWNER: ELAINE DELORES CHOICE
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),22-231 (12)(b),22-241 (1). BLUE TARP ON ROOF DUE TO
DAMAGED ROOF,WINDOWS ARE BOARDED UP AND NO BOARDING CERTIFICATE
HAS BEEN APPLIED FOR.
FOLIO NO: 35980440001
VIOLATION
ADDRESS: 4500 GOLDEN GATE PARKWAY,NAPLES
14. CASE NO: CEPM20120012638
OWNER: IRMA ARRENDONDO
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(12)(i),(12)(p),AND SECTION 22-242. DAMAGED/BROKEN WINDOWS,
UNSECURED DWELLING,AND DAMAGE TO THE CEILING IN CARPORT.
FOLIO NO: 35749440006
VIOLATION
ADDRESS: 1948 45TH TERRACE SW,NAPLES
4
15. CASE NO: CESD20120003786
OWNER: JANIE M.OSBRON
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a)AND 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND
ADMINISTRATION,PART 1 SCOPE AND APPLICATION, SECTION 105 PERMITS, 105.1
REQUIRED. FENCE AROUND PROPERTY,CARPORT/SCREEN ENCLOSURE TYPE
STRUCTURE,AND SHED IN REAR OF PROPERTY ALL WITHOUT COLLIER COUNTY
PERMITS.
FOLIO NO: 26630680007
VIOLATION
ADDRESS: 1011 GUAVA DRIVE,NAPLES
16. CASE NO: CEAU20120015039
OWNER: CHAPLIN DIXON AND PASCALE DIXON
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105 PERMITS, 105.1
REQUIRED,AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER
22 ARTICLE VI, SECTION 22-228(1). DAMAGED STAIRWAY TREADS AND AN
UNPERMITTED FENCE IN A STATE OF DISREPAIR.
FOLIO NO: 77310440008
VIOLATION
ADDRESS: 248 BENSON STREET,NAPLES
17. CASE NO: CELU20120012431
OWNER: JULIAN H.CAMACHO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
1.04.01(A)AND 2.02.03. MULTIPLE UNLICENSED/INOPERABLE VEHICLES AND
TRAILERS ON THE PROPERTY.
FOLIO NO: 66680280006
VIOLATION
ADDRESS: 338 PETTIT DRIVE,GOODLAND
18. CASE NO: CEV20120012775
OWNER: ISMAEL RODRIGUEZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE II,CHAPTER 130,
SECTION 130-97(4). COMMERCIAL VEHICLES PARKED ON RESIDENTIAL SINGLE
FAMILY ZONED PROPERTY.
FOLIO NO: 36374840009
VIOLATION
ADDRESS: 5416 25TH AVENUE SW,NAPLES
19. CASE NO: CENA20120017776
OWNER: URMAS A.KASK AND ROBERT SCHULTZ
OFFICER: INVESTIGATOR JAMES 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: 54901480005
VIOLATION
ADDRESS: 121 DORAL CIRCLE,NAPLES
5
20. CASE NO: CEPM20120014777
OWNER: ANA DANNIC
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: 35994520001
VIOLATION
ADDRESS: 4651 261H PLACE SW,NAPLES
21. CASE NO: CEV20120015869
OWNER: BANK OF AMERICA NA
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03(A). VEHICLE WITH NO CURRENT LICENSE PLATE ATTACHED PARKED IN
THE GRASS.
FOLIO NO: 24476240001
VIOLATION
ADDRESS: 55 3'H'STREET,NAPLES
22. CASE NO: CEV20120010115
OWNER: JOSEPH C.MIRABILIO AND SHEILAGH MIRABILIO
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECITON 130-95 AND 130-96(a). UNLICENSED VEHICLE,ENCLOSED TRAILER,AND
BOAT NOT PROPERLY STORED ON RESIDENTIAL PROPERTY.
FOLIO NO: 49531760003
VIOLATION
ADDRESS: 52 HENDERSON DRIVE,NAPLES
23. CASE NO: CEV20120016482
OWNER: PETER A.HELFF
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECITON 130-95. TRAVEL TRAILER IS BEING STORED,IS INOPERABLE AND BEING
REPAIRED,AND IS NOT CURRENTLY TAGGED WITH A VALID TAG.
FOLIO NO: 45965080007
VIOLATION
ADDRESS: 2080 21ST STREET SW,NAPLES
24. CASE NO: CEAU20120013152
OWNER: MARK N. BRODHEAD
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.1. WOODEN FENCE IN
BACKYARD AND NO COLLIER COUNTY PERMIT OBTAINED.
FOLIO NO: 62843720006
VIOLATION
ADDRESS: 534 106TH AVENUE N,NAPLES
6
25. CASE NO: CEROW20120001296
OWNER: MARTHA M.RODRIGUEZ-MENDOZA
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,
DIVISION 1 GENERALLY, SECTION 110-31(a),ORDNANCE 2003-37 ADOPTION OF
CONSTRUCTION STANDARDS HANDBOOK, SECTION II(A)(12). MAILBOX
STRUCTURE IN RIGHT OF WAY THAT DOES NOT MEET THE REQUIREMENTS FOR
BREAKAWAY ASSEMBLY.
FOLIO NO: 77211000000
VIOLATION
ADDRESS: 134 2ND STREET,NAPLES
26. CASE NO: CEPM20120014819
OWNER: FALLING WATERS BEACH RESORT MASTER ASSOCIATION INC.
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,CHAPTER 22,
SECTION 22-231 (12)(n)AND SECTION 22-228(1).HANDRAILING TO THE BRIDGES
OVER THE SWIMMING POOL ALL ARE IN NEED OF REPAIR TO THE ROPES
COVERING THE TOP RAILS(FRAYED,LOOSE,MILDEWED,BROKEN AND
SEPARATED IN SPOTS)AND THE BALUSTERS LOOSE ON THE CEMENT STEPS.
FOLIO NO: 726722507
VIOLATION
ADDRESS: 6784 BEACH RESORT DRIVE,NAPLES
27. CASE NO: CEPM20120014225
OWNER: VINCENT RUSSELL
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,ARTICLE VI,
SECTION 22-236. VACANT STRUCTURE WITH FIRE DAMAGE DECLARED TO BE
DANGEROUS BY THE COLLIER COUNTY CHIEF BUILDING OFFICIAL.
FOLIO NO: 77411840002
VIOLATION
ADDRESS: 1258 TRAIL TERRACE DRIVE,NAPLES
C. Emergency Cases:
7
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
2. CASE NO: CEAU20120011090
OWNER: TIMOTHY S. CASEY, TRUSTEE OF THE 616 92ND AVE N.TRUST
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
3. 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
4. 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
8
5. CASE NO: CEPM20120001143
OWNER: SARAH JANE HORNER
OFFICER: INVESTIGATOR CRISTINA PEREZ
VIOLATIONS: COMPLIANCE WITH HOUSING STANDARDS, COLLIER COUNTY CODE OF LAWS AND
ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI
PROPERTY MAINTENANCE CODE,SECTIONS 22-231(12)(d),(12)(m),(12)(n),(12)(p),(12)
(q),(19)(1),(12)(c) . NUMEROUS PROPERTY MAINTENANCE VIOLATIONS AT THIS
VACANT MOBILE HOME.
FOLIO NO: 1206680003
VIOLATION
ADDRESS: 20 EGRET LANE,NAPLES
6. CASE NO: CEPM20120001144
OWNER: SARAH JANE HORNER
OFFICER: INVESTIGATOR CRISTINA PEREZ
VIOLATIONS: COMPLIANCE WITH HOUSING STANDARDS, COLLIER COUNTY CODE OF LAWS AND
ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI
PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(d),(12)(m), (12)(n),(12)(p),(12)
(q), (19)(1),(12)(c). NUMEROUS PROPERTY MAINTENANCE VIOLATIONS AT THIS
VACANT MOBILE HOME
FOLIO NO: 1205760005
VIOLATION
ADDRESS: 21 EGRET LANE,NAPLES
7. 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
8. CASE NO: CEPM20110013543
OWNER: EMILIO HERNANDEZ AND EMMA HERNANDEZ
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 (12)(b),(12)(d)(12)(i),(12)(p),AND(19). MOBILE HOME IN A POOR STATE OF
REPAIR WITH INTERIOR AND EXTERIOR OF THE HOME BADLY DAMAGED BY FIRE.
WINDOWS AND DOORS ARE BROKEN OUT WITH THE INTERIOR OF THE
STRUCTURE OPEN TO THE ELEMENTS.
FOLIO NO: 66221040003
VIOLATION
ADDRESS: 406 12TH STREET SE, IMMOKALEE
9
9. CASE NO: CEPM20120006379
OWNER: DENNIS WOLFE AND ROBERTA WOLFE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,
SECTION 22-231(15). GREEN POOL.
FOLIO NO: 36380720003
VIOLATION
ADDRESS: 2500 55TH STREET SW,NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive
Summary.
IX. REPORTS
X. NEXT MEETING DATE: February 1, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail,Building F,3rd Floor,Naples,Florida
XI. ADJOURN
10
January 4, 2013
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
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.
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 Item V. B —Hearings, the following case was moved to V.0 —Motion for Continuance:
• #15 -CASE NO: CESD20120003786-JANIE M.OSBRON
• #27-CASE NO: CEPM20120014225-VINCENT RUSSELL
• #26-CASE NO: CEPM20120014819-FALLING WATERS BEACH RESORT MASTER ASSOCIATION
INC.
Under Item V. B —Hearings, the following cases were moved to V.A—Stipulations:
• #18-CASE NO: CEV20120012775-ISMAEL RODRIGUEZ
• #7-CASE NO: PU4540-CEEX20120017418-LENNAR HOMES LLC
• #8-CASE NO: PU4539-CEEX20120017419-LENNAR HOMES LLC
• #9-CASE NO: PU4538-CEEX20120017420-LENNAR HOMES LLC
Under Item V. B —Hearings, the following cases were withdrawn:
• #2-CASE NO: SO148892-CEEX20120017775-MARTIN DOMAN
• #4-CASE NO: PR049242-CEEX20120018252-DAVID AND PATRICIA BOESCHE
• #5-CASE NO: PR049333-CEEX20120018119 -ROBERT LALLIER
• #6- CASE NO: PR049334-CEEX20120018260-OWNER: ROBERT LALLIER
• #12-CASE NO: CEA20120013025-ROBIN L.BRUSCINI
• #14-CASE NO: CEPM20120012638-IRMA ARRENDONDO
• #16-CASE NO: CEAU20120015039-CHAPLIN DIXON AND PASCALE DIXON
• #17-CASE NO: CELU20120012431 -JULIAN H.CAMACHO
• #19-CASE NO: CENA20120017776-URMAS A.KASK AND ROBERT SCHULTZ
• #20-CASE NO: CEPM20120014777-ANA DANNIC
2
January 4, 2013
• #22-CASE NO: CEV20120010115-JOSEPH C.MIRABILIO AND SHEILAGH MIRABILIO
• #25-CASE NO: CEROW20120001296-MARTHA M.RODRIGUEZ-MENDOZA
Under Item VI. A—Motion for Imposition of Fines,the following case was withdrawn:
• #5- CASE NO: CEPM20120001143-SARAH JANE HORNER
• #6- CASE NO: CEPM20120001144-SARAH JANE HORNER
The Special Magistrate approved the Agenda as modified.
III. APPROVAL OF MINUTES—December 7,2012
The minutes of the December 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
1. CASE NO: CESD20120003786
OWNER: JANIE M.OSBRON
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(a)AND 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND
ADMINISTRATION,PART 1 SCOPE AND APPLICATION, SECTION 105 PERMITS, 105.1
REQUIRED. FENCE AROUND PROPERTY,CARPORT/SCREEN ENCLOSURE TYPE
STRUCTURE,AND SHED IN REAR OF PROPERTY ALL WITHOUT COLLIER COUNTY PERMITS.
FOLIO NO: 26630680007
VIOLATION ADDRESS: 1011 GUAVA DRIVE,NAPLES
Janie Osbron was not present but submitted a written request for a continuance.
Investigator Giguere representing the County had no objection to the request.
Special Magistrate Garretson GRANTED the Motion for Continuance.
2. CASE NO: CEPM20120014225
OWNER: VINCENT RUSSELL
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,
ARTICLE VI, SECTION 22-236. VACANT STRUCTURE WITH FIRE DAMAGE DECLARED TO BE
DANGEROUS BY THE COLLIER COUNTY CHIEF BUILDING OFFICIAL.
FOLIO NO: 77411840002
VIOLATION ADDRESS: 1258 TRAIL TERRACE DRIVE,NAPLES
Mr. Russell was present and submitted a written request for a continuance.
Jeffery Grant, Mr. Russell's attorney stated Mr. Russell is in the process of pursuing an
insurance claim.
Investigator Giannone representing the County had no objection to the request as it
is not a health, safety and welfare issue.
3
January 4, 2013
Special Magistrate Garretson GRANTED the Motion for Continuance until the Investigating Officer
advises the County to move forward with any action.
3. CASE NO: CEPM20120014819
OWNER: FALLING WATERS BEACH RESORT MASTER ASSOCIATION INC.
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,
CHAPTER 22, SECTION 22-231 (12)(n)AND SECTION 22-228(1).HANDRAILING TO THE
BRIDGES OVER THE SWIMMING POOL ALL ARE IN NEED OF REPAIR TO THE ROPES
COVERING THE TOP RAILS(FRAYED,LOOSE,MILDEWED,BROKEN AND SEPARATED IN
SPOTS)AND THE BALUSTERS LOOSE ON THE CEMENT STEPS.
FOLIO NO: 726722507
VIOLATION ADDRESS:6784 BEACH RESORT DRIVE,NAPLES
Thomas Powers, Treasurer of the Falling Waters Beach Resort Master Association,
Inc., was present and requested a continuance.
Supervisor Letourneau representing the County stated that he had no objection to the
request.
Mr. Powers stated that the repairs to the bridge are underway and requested a 60 day
continuance.
Special Magistrate Garretson GRANTED the Motion for Continuance for the case until May 4, 2013.
C. Motion for Extension of Time
1. CASE NO: CESD20120002950
OWNER: MERCEDES ORTIZ
OFFICER: INVESTIGATOR RALPH BOSA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(a). SEVERAL UNPERMITTED IMPROVEMENTS/ADDITIONS TO
INCLUDE CABANAS, STORAGE BUILDING,LANAI,AND ROOF ADDITION WITHOUT
PERMITS.
FOLIO NO: 35743720007
VIOLATION ADDRESS:2184 46TH TERRACE SW,NAPLES
The Respondent was not present.
Supervisor Bosa representing the County reported that the violation has been abated.
Special Magistrate Garretson GRANTED the Motion for an Extension of Time until January 4, 2013.
2. CASE NO: CEPM20120001264
OWNER: ISRAEL DOMINGO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
BUILDING AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231 (11),(12)(d),(12)(b),(12)(i),(12)(p),AND(19). STRUCTURE IN A VERY POOR
STATE OF REPAIR WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS. STRUCTURE
IS BEING USED AS A DRUG AND PROSTITUTION HOUSE.
FOLIO NO: 00082963903
VIOLATION ADDRESS:3036 IMMOKALEE DRIVE,IMMOKALEE
4
January 4, 2013
Mr. Domingo was present and stated that the repairs necessary to abate the violation are
ongoing.
Investigator Rodriguez representing the County and reported that she had no objection
to the request.
Special Magistrate Garretson GRANTED the Motion for an Extension of Time until July 4, 2013.
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEV20120012775
OWNER: ISMAEL RODRIGUEZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE II,
CHAPTER 130, SECTION 130-97(4).COMMERCIAL VEHICLES PARKED ON RESIDENTIAL
SINGLE FAMILY ZONED PROPERTY.
FOLIO NO: 36374840009
VIOLATION ADDRESS:5416 25TH AVENUE SW,NAPLES
Investigator Musse represented the County.
The Stipulation was entered into by the Respondent Ismael Rodriguez on January 4, 2013.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$112.12 incurred in the prosecution of the case by
March 4, 2013.
2. Abate all violations by storing all commercial vehicles in rear yard and conceal them from
view within a completely enclosed,permitted structure or remove offending vehicles from
residentially zoned property by March 4, 2013 or a fine of$100.00 per day will be imposed
until the violation is abated, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by
phone and made during the work week. If the violation is abated 24 hours prior to a Saturday,
Sunday or legal holiday, then the notification must be made on the next day that is not a
Saturday, Sunday or legal holiday.
4. If the Respondent fails to abate the violation the County may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier
County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement
shall be assessed to the property owner.
Total Amount Due: $112.12
2. CASE NO: PU4540-CEEX20120017418
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 134-174(A)(N)UNLAWFUL
CONNECTION TO COUNTY WATER LINE BY HOOKING WATER HOSE TO TEST PORT.
5
January 4, 2013
VIOLATION ADDRESS:3437 RUNAWAY LANE,NAPLES
Investigator Sanchez represented the County.
The Stipulation was entered into by the Respondent's representative Jack Turner on January 4, 2013.
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$55.00 and a fine of$250.00 for a total amount due of
$305.00 by February 4, 2013.
Total Amount Due: $305.00
3. CASE NO: PU4539-CEEX20120017419
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 134, 126(A)(6)ALTERING
BACKFLOW DEVICE WITHOUT COUNTY APPROVAL.
VIOLATION ADDRESS:3420 RUNAWAY LANE,NAPLES
Investigator Sanchez represented the County.
The Stipulation was entered into by the Respondent's representative Jack Turner on January 4, 2013.
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$55.00 and a fine of$250.00 for a total amount due of
$305.00 by February 4, 2013.
Total Amount Due: $305.00
4. CASE NO: PU4538-CEEX20120017420
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 134, 126(A)(6)ALTERING
BACKFLOW DEVICE WITHOUT COUNTY APPROVAL.
VIOLATION ADDRESS:3429 RUNAWAY LANE,NAPLES
Investigator Sanchez represented the County.
The Stipulation was entered into by the Respondent's representative Jack Turner on January 4, 2013.
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$55.00 and a fine of$250.00 for a total amount due
of$305.00 by February 4, 2013.
Total Amount Due: $305.00
Break: 10:32 A.M.
6
January 4, 2013
Reconvened: 10:40 A.M.
B. Hearings
1. CASE NO: S0156992-CEEX20120018012
OWNER: JAMES V.GRANDE
OFFICER: DEPUTY BARRY ARDREY
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA
VIOLATION ADDRESS:FLAMINGO AND CARDINAL,NAPLES
Deputy Ardrey was not present.
Mr. Grande was present and requested dismissal of the case.
Special Magistrate GRANTED Mr. Grande's request and DISMISSED the case.
11. CASE NO: PU4794-CEEX20120018546
OWNER: LLOYD L.BOWEIN
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAW&ORD. 118-62/134-174, SECTION B(3)SEWER CLEAN OUT CAP
WAS REMOVED,ALLOWING RAW SEWAGE FROM BUILDING TO DRAIN OUT ON GROUND.
CONTACT WITH SOIL WAS MADE,PUDDLES OF SEWAGE IN PARKING LOT. SEWER LINES
TO COUNTY CONNECTION BLOCKED.
FOLIO NO: 71781320009
VIOLATION ADDRESS:3385 BAYSHORE DRIVE,NAPLES
Investigator Addison represented the County.
Mr. Bowein was present.
Mr. Bowein testified:
• The property in question is an apartment building.
• He was out of town when it was reported the sewer line backed up due to inappropriate
waste being flushed down the toilet.
• A licensed plumber addressed the problem as soon as possible.
• It has been an ongoing issue and the vendor who now addressed the problem believes he
identified and remedied the problem permanently (long term grease build up clogging the
line).
• In his opinion, he acted in a timely manner to address the problem and the fine amount is
excessive given the violation.
Investigator Addison testified:
There was raw sewage on the ground which constituted a violation and the investigating officer
only assessed a penalty of$100.00, when the maximum allowed is $500.00.
Mr. Bowein stated:
He was unaware the maximum fine amount was $500.00, and had he known this at the time, he
would have agreed to pay the fine.
7
January 4, 2013
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 $100.00 fine, Operational Costs in the amount of$50.00 and a $5.00 Administrative
Fee for a total amount due of$155.00 by February 4, 2013.
Total Amount Due: $155.00
3. CASE NO: S0178025-CEEX20120017624
OWNER: LORRIE GOLD
OFFICER: DEPUTY L.KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE
VIOLATION ADDRESS:HOLLYWOOD,NAPLES
Deputy Keller was not present.
Lorrie Gold was not present.
Special Magistrate Garretson CONTINUED the case.
10. CASE NO: PU5006-CEEX20120017422
OWNER: ACN HOLDINGS LLC
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: CODE OF LAW&ORD. 118-66, SECTION A
UNCONTAINERIZED LITTER CONSISTING OF BUT NOT LIMITED TO PAPER TOWELS,WATER
BOTTLES,PAPER,TORN BAGS OF TRASH,ETC.LITTER IS BEING WIND DRIVEN
THROUGHOUT THE PROPERTY.
FOLIO NO: 38103120008
VIOLATION ADDRESS:6800 GOLDEN GATE PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 12/17/12
Investigator Addison represented the County.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photos dated 12/5/12
Exhbiti B: 1 photo dated 11/26/12
Exhibit C: 1 photo dated 11/14/12
Investigator Addison reported:
The violation was first observed on October 12, 2012 with a violation issued on October 26,
2012 and was not corrected until December 12, 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$50.0, an Administrative Fee in the amount of$5.00
and a fine of$500.00 for a total amount due of$555.00 by February 4, 2013.
Total Amount Due: $555.00
8
January 4, 2013
13. CASE NO: CEPM20120017683
OWNER: ELAINE DELORES CHOICE
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),22-231 (12)(b),22-241 (1). BLUE TARP ON ROOF DUE TO DAMAGED
ROOF,WINDOWS ARE BOARDED UP AND NO BOARDING CERTIFICATE HAS BEEN APPLIED
FOR.
FOLIO NO: 35980440001
VIOLATION ADDRESS:4500 GOLDEN GATE PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 12/17/12
Date of Hearing Notice Property/Courthouse Posting: 12/17/12
Investigator Box presented the case and reported the structure has been boarded,
however no permit was issued for the work.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 12/17/12
Exhibit B: 1 photo dated 1/2/13
The violation remains as of January 4, 2013.
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$112.64 incurred by Code Enforcement during the prosecution
of the case on or before February 4, 2013.
2. Obtain all required Collier County Building Permits, inspections and a Certificate of
Completion to repair the roof by January 11, 2013 or a fine of$250.00 per day will be imposed
for each day thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
3. Restore the windows to a permitted condition on or before January 11, 2103 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 on or before by January 11, 2013 and obtain all
required Collier County Building Permits inspections and Certificates of
Completion/Occupancy to restore the windows to permitted condition by July 4, 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.
4. Notify the Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance.
5. 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: $112.64
9
January 4, 2013
21. CASE NO: CEV20120015869
OWNER: BANK OF AMERICA NA
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION
130-95 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.03(A). VEHICLE WITH NO CURRENT LICENSE PLATE ATTACHED PARKED IN THE
GRASS.
FOLIO NO: 24476240001
VIOLATION ADDRESS:55 3RD STREET,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/19/12
Supevisor Mucha presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 1/3/13
The violation remains as of January 4, 2013.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$112.38 incurred in the prosecution of this case by
February 4, 2013.
2. Abate all violations by obtaining and affixing a current valid license plate to the vehicle and
moving to a stabilized surface, or store the vehicles in a completely enclosed structure, or
remove the offending vehicles from the property by January 7, 2013 or a fine of$50.00 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
23. CASE NO: CEV20120016482
OWNER: PETER A.HELFF
OFFICER: INVESTIGATOR JAMES SEABASTY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,
ARTICLE III,SECITON 130-95. TRAVEL TRAILER IS BEING STORED,IS INOPERABLE AND
BEING REPAIRED,AND IS NOT CURRENTLY TAGGED WITH A VALID TAG.
FOLIO NO: 45965080007
VIOLATION ADDRESS:2080 21ST STREET SW,NAPLES
10
January 4, 2013
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/19/12
Supevisor Letourneau presented the case.
Evidence entered: Exhibit A: 1 photo dated 11/15/12
Exhibit B: 1 photo dated 12/7/12
The violation remains as of January 4, 2013.
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$112.03 incurred in the prosecution of this case by
February 4, 2013.
2. Abate all violations by obtaining and affixing a current valid license plate to the vehicle and
repair the vehicle to an operable condition, or store the vehicles in a completely enclosed
structure, or remove the offending vehicles from the property by January 7, 2013 or a fine of
$50.00 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: $112.03
24. CASE NO: CEAU20120013152
OWNER: MARK N.BRODHEAD
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.1.WOODEN
FENCE IN BACKYARD AND NO COLLIER COUNTY PERMIT OBTAINED.
FOLIO NO: 62843720006
VIOLATION ADDRESS: 534 106TH AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/19/12
Supervisor Mucha presented the case.
Evidence entered: Exhibit A: 1 photo dated 11/1/12
The violation remains as of January 4, 2013.
11
January 4, 2013
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$112.12 incurred in the prosecution of this case by
February 4, 2013.
2. Abate all violations by obtaining all required Collier County Building Permit(s), and required
inspections and Certificate of Occupancy/Completion to permit the fence or remove the fence
by February 4, 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
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: $112.12
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/13/12
The Respondent was not present.
Staff reported the 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.
2. CASE NO: CEAU20120011090
OWNER: TIMOTHY S.CASEY,TRUSTEE OF THE 616 92ND AVE N.TRUST
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.
12
January 4, 2013
FOLIO NO: 62704240007
VIOLATION ADDRESS:616 92ND AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/13/12
The Respondent was not present.
Staff reported the 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.
3. 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 1041H AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/19/12
The Respondent was not present.
Staff reported the 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.
4. CASE NO: CEPM20120003671
OWNER: NORMAN C.PARTINGTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(12)(i). UNSECURED PROPERTY WITH BROKEN WINDOWS AND DAMAGED
EXTERIOR DOORS.
FOLIO NO: 38168160003
VIOLATION ADDRESS:5761 GOLDEN GATE PARKWAY,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/13/12
The Respondents was not present.
Investigator Musse presented the case noting the violation has not been abated.
Special Magistrate Order: 6/1/12
Fine Amount: $250.00/day
13
January 4, 2013
Duration: 7/2/12— 1/4/13 (187 days)
Total Fine Amount: $46,750.00
Total to Date: $46,750.00
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$46,750.00. Said amount to become a lien
on the property with fines continuing to accrue.
7. 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: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/17/12
The Respondents were not present.
Investigator Giannone presented the case noting the violation has been abated by the County.
Special Magistrate Order: 10/5/12
Fine Amount: $250.00/day
Duration: 84 days
Total Fine Amount: $21,000.00
Unpaid Abatement Costs: $1,630.00
Unpaid Operational Costs: $112.29
Total to Date: $22,742.29
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$22,742.29. Said amount to become a lien
on the property.
8. CASE NO: CEPM20110013543
OWNER: EMILIO HERNANDEZ AND EMMA HERNANDEZ
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 (12)(b),(12)(d)(12)(i),(12)(p),AND(19). MOBILE HOME IN A POOR STATE OF
REPAIR WITH INTERIOR AND EXTERIOR OF THE HOME BADLY DAMAGED BY FIRE.
WINDOWS AND DOORS ARE BROKEN OUT WITH THE INTERIOR OF THE STRUCTURE OPEN
TO THE ELEMENTS.
FOLIO NO: 66221040003
VIOLATION ADDRESS:406 12TH STREET SE,IMMOKALEE
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/14/12
14
January 4, 2013
The Respondents were not present.
Investigator Morad presented the case noting the violation has been abated.
Fine Amount: $250.00/day
Duration: 265 days
Total Fine Amount: $66,250.00
Unpaid Abatement Costs: $950.00
Unpaid Operational Costs: $112.56
Total to Date: $67,312.56
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$67,312.56. Said amount to become a lien
on the property.
9. CASE NO: CEPM20120006379
OWNER: DENNIS WOLFE AND ROBERTA WOLFE
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND
BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231(15). GREEN
POOL.
FOLIO NO: 36380720003
VIOLATION ADDRESS:2500 551H STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 12/18/12
Date of Hearing Notice Property/Courthouse Posting: 12/13/12
The Respondents were not present.
Investigator Musse presented the case noting the violation has been abated.
Fine Amount: $250.00/day
Duration: 9/15/12— 10/9/12
Total Fine Amount: $6,250.00
Unpaid Abatement Costs: $1,069.30
Unpaid Operational Costs: $112.20
Total to Date: $7,431.50
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$7,431.50. Said amount to become a lien
on the property.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
15
January 4, 2013
None
VIII. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced
in Submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: February 1, 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 11:45 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
! I AM
Br• da lr Special Magistrate
The Minutes weyk approved by the Special Magistrate on / /3
as presented / , or as amended
16