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CESM Minutes 02/01/2013 Code Enforcement Special Magistrate Minutes February 1 , 2013 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, February 1, 2013 February 1, 2013 MAR 9'Z0113 BY:. ...................... LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson District 1'/ District 1 District 3 District 4 District 5 ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc. Cones: Date: Item t Copies to: HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: February 1, 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 — January 4, 2013 IV. MOTIONS A. Motion for Reduction /Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PUBLIC HEARINGS 1 A. Stipulations B. Hearings 1. 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. CASE NO: S0150857- CEEX20120018167 OWNER: OZGUR OZBEK OFFICER: CORPORAL T. SHAW VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: 6975 SIERRA CLUB CIRCLE, NAPLES 3. CASE NO: S0178895- CEEX20130000416 OWNER: ANN T. REILLY OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE, PERSON NOT PRESENT WITH VEHICLE VIOLATION ADDRESS: VETERANS COMMUNITY PARK, NAPLES 4. CASE NO: PR049161- CEEX20120015481 OWNER: KARL SHEAN 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 2 5. CASE NO: PR049389- CEEX20120018773 OWNER: CAROL C. LACLAIR OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID PARKING RECEIPT- PERMIT EXPIRED VIOLATION ADDRESS: BAREFOOT BEACH ACCESS, NAPLES 6. CASE NO: PR049193- CEEX20130000511 OWNER: MICHAEL ENGLER OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY A PAID LAUNCH FEE RECEIPT VIOLATION ADDRESS: DANFORD STREET AT BAYVIEW PARK, NAPLES 7. 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 8. 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 9. CASE NO: CEPM20120007056 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(19). RECURRING VIOLATION OF AN OCCUPIED RENTAL UNIT WITH ELEVATED MOLD CONDITION. FOLIO NO: 35830040001 VIOLATION ADDRESS: 4255 JEFFERSON LANE 9102, NAPLES 10. CASE NO: CEPM20120013134 OWNER: ROSE MCLAUGHLIN OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). POOL WITH GREEN STAGNANT WATER. FOLIO NO: 60698002764 VIOLATION ADDRESS: 8870 PINTO COURT, NAPLES 11. CASE NO: CESD20120015139 OWNER: RYAN E. MOODY AND RACHAEL V. WATERHOUSE OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (13)(1)(a). NO COLLIER COUNTY PERMITS FOR PERGOLA /WOODEN STRUCTURE IN THE REAR OF PROPERTY. FOLIO NO: 65422640009 VIOLATION ADDRESS: 657 CYPRESS WAY E, NAPLES 12. CASE NO: CEV20120015690 OWNER: GINOU FREDERIC OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III SECTION 130 -95. UNLICENSED INOPERABLE VEHICLE ON RESIDENTIAL PROPERTY. FOLIO NO: 62262400004 VIOLATION ADDRESS: 5305 -07 BROWARD STREET, NAPLES 13. CASE NO: CEPM20120015696 OWNER: GINOU FREDERIC OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTIONS 22 -242, 22- 231(12)(b) AND 22- 231(12)(1). UNSECURED PROPERTY, BROKEN WINDOWS, DOORS, AND HOLE IN EXTERIOR WALL. FOLIO NO: 62262400004 VIOLATION ADDRESS: 5305 -07 BROWARD STREET, NAPLES 14. CASE NO: CES20120014890 OWNER: PASTOOR PROPERTIES OF COLLIER COUNTY LLC OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, CHAPTER 5, SECTION 5.06.1 I(A)(1). UNPERMITTED SIGN. FOLIO NO: 79315000043 VIOLATION ADDRESS: 8970 FONTANA DEL SOL WAY UNIT 6, NAPLES 4 15. CASE NO: CEROW20120004855 OWNER: JANICE N. LONGACRE OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600107 VIOLATION ADDRESS: 1334 TI STREET, NAPLES 16. CASE NO: CEPM20120014565 OWNER: ROBERT J. SEYLER EST AND URSULA SEYLER OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22- 231(12)(b). EXTERIOR WALLS OF THE MAIN STRUCTURE WITH HOLES AND CRACKS. FOLIO NO: 68344400007 VIOLATION ADDRESS: 114 MOON BAY STREET, NAPLES 17. CASE NO: CEPM20120016225 OWNER: DAVID PRICE OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15) AND SECTION 22 -242. UNMAINTAINED POOL AND UNSECURE DOORS. FOLIO NO: 38455880009 VIOLATION ADDRESS: 6531 SABLE RIDGE LANE, NAPLES 18. CASE NO: CEROW20120004308 OWNER: GREGORY WESTGATE OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600204 VIOLATION ADDRESS: 1294 TH STREET, NAPLES 19. CASE NO: CEV20120015617 OWNER: ERNEST J. VALDASTRI OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130 ARTICLE III, SECTION 130-95,130-96(a), (b)(1)(2)(3), AND THE COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 4.05.03(A). IMPROPERLY STORED RECREATIONAL VEHICLES, UNLICENSED VEHICLES, AND VEHICLE PARKED ON THE GRASS. FOLIO NO: 49532360004 VIOLATION ADDRESS: 30 CREEK CIRCLE, NAPLES VI. 20. CASE NO: CEEX20130000444 OWNER: KAREN HOLTSCLAW AND COLE FISCHER OFFICER: NANCY RYGEL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35. DANGEROUS DOG. VIOLATION ADDRESS: 7778 SCARLET COURT, NAPLES 21. CASE NO: CEEX20130000447 OWNER: KAREN HOLTSCLAW AND COLE FISCHER OFFICER: NANCY RYGEL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35. DANGEROUS DOG. VIOLATION ADDRESS: C. Emergency Cases: NEW BUSINESS 7778 SCARLET COURT, NAPLES A. Motion for Imposition of Fines: 1. 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 2. 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 3. CASE NO: CEV20120009124 OWNER: WENDY E. NOBLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130 -95, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE. UNLICENSED AND INOPERABLE VEHICLES PARKED IN THE DRIVEWAY ZONED RESIDENTIAL. FOLIO NO: 65421520007 VIOLATION ADDRESS: 660 CYPRESS WAY E., NAPLES 4. CASE NO: CEPM20120011608 OWNER: BETTY FREDERICK EST, AND KAREN L. DONNADIO EST OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, 22- 231(15). UNMAINTAINED SWIMMING POOL. FOLIO NO: 36001560005 VIOLATION ADDRESS: 297545 TH STREET SW, NAPLES 5. 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 6. CASE NO: CEPM20120006398 OWNER: ROBERT J. SEYLER EST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(1). BROKEN WINDOW. FOLIO NO: 68343680006 VIOLATION ADDRESS: 95 ISLE ST. THOMAS, 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: March 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 February 1, 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 9:00 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 cases were moved to Item V.0 — Motion for Continuance: • #15 - CASE NO: CEROW20120004855 - JANICE N. LONGACRE • #18 - CASE NO: CEROW20120004308 - GREGORY WESTGATE • #11 - CASE NO: CESD20120015139 - RYAN E. MOODY AND RACHAEL V. WATERHOUSE Under Item V.B — Hearings, the following cases were moved to Item V.A — Stipulations: • #8 - CASE NO: CESD20120003786 - JANIE M. OSBRON • #14 - CASE NO: CES20120014890 - PASTOOR PROPERTIES OF COLLIER COUNTY LLC • #7 - CASE NO: CEPM20120013875 - LINDA C. DAIGLE Under Item V.B — Hearings, the following cases were withdrawn: • #5 - CASE NO: PR049389- CEEX20120018773 - CAROL C. LACLAIR • #6 - CASE NO: PR049193- CEEX20130000511 - MICHAEL ENGLER • #9 - CASE NO: CEPM20120007056 - PACIFICA NAPLES LLC • #16 -CASE NO: CEPM20120014565 -ROBERT J. SEYLER EST AND URSULA SEYLER Under Item V.0 — Emergency Cases, the following cases were added to the Agenda: • #1 - CASE NO: CEPM20120018539 - FAUSTA MAURA PINEIRO • #2 - CASE NO: CEPM20130000314 - DORIS LEE STANTON ROSA AND SHEILA JAMESON Under Item VI.A — Motion for Imposition of Fines, the following cases were withdrawn: • #1 - CASE NO: CEPM20120001143 - SARAH JANE HORNER • #2 - CASE NO: CEPM20120001144 - SARAH JANE HORNER • #3 - CASE NO: CEV20120009124 - WENDY E. NOBLE The Special Magistrate approved the Agenda as modified. 2 February 1, 2013 III. APPROVAL OF MINUTES — January 4, 2013 The minutes of the January 4, 2013 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction /Abatement of Fines None V. PUBLIC HEARINGS B. Hearings 1. 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 The Respondent was not present. Deputy Keller was present. Evidence Entered: Composite Exhibit A: 4 photos dated 11/26/12 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a fine of $250.00, Court Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $305.00 by March 1, 2013. Total Amount Due: $305.00 VI. MOTIONS B. Motion for Continuance 1. CASE NO: CEROW20120004855 OWNER: JANICE N. LONGACRE OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN. FOLIO NO: 77213600107 VIOLATION ADDRESS: 133 4TH STREET, NAPLES Janice Longacre was present and reported she is working to abate the violation and requested a continuance. Investigator Kincaid represented the County stating he had no objection to the Motion for a Continuance. The Special Magistrate GRANTED the Motion for a Continuance of the case. 2. CASE NO: CEROW20120004308 OWNER: GREGORY WESTGATE OFFICER: INVESTIGATOR JAMES KINCAID February 1, 2013 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). DRAINAGE SWALE AT THE FRONT OF THE PROPERTY HAS BEEN FILLED IN, FOLIO NO: 77213600204 VIOLATION ADDRESS: 129 4TH STREET, NAPLES Mr. Westgate was not present but had submitted the request in writing. Investigator Kincaid represented the County stating he had no objection to the Motion for a Continuance. The Special Magistrate GRANTED the Motion for a Continuance of the case. CASE NO: CESD20120015139 OWNER: RYAN E. MOODY AND RACHAEL V. WATERHOUSE OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (B)(1)(a). NO COLLIER COUNTY PERMITS FOR PERGOLA /WOODEN STRUCTURE IN THE REAR OF PROPERTY. FOLIO NO: 65422640009 VIOLATION ADDRESS: 657 CYPRESS WAY E, NAPLES Ms. Waterhouse was present. Investigator Condomina represented the County stating he had no objection to the Motion for a Continuance. The Special Magistrate GRANTED the Motion for a Continuance of the case. C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 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 Investigator Giguere requested the hearing. The Stipulation was entered into by the Respondent Janie Alexander (Osbron) on February 1, 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 March 1, 2013. February 1, 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 May 1, 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 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: $112.38 2. CASE NO: CES20120014890 OWNER: PASTOOR PROPERTIES OF COLLIER COUNTY LLC OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, CHAPTER 5, SECTION 5.06.11(A)(1). UNPERMITTED SIGN. FOLIO NO: 79315000043 VIOLATION ADDRESS: 8970 FONTANA DEL SOL WAY UNIT 6, NAPLES Investigator Athey requested the hearing. The Stipulation was entered into by the Respondent Jan George Pastoor on February 1, 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 March 1, 2013. 2. Abate all violations by obtaining all required Permit(s), inspections and Certificate of Occupancy /Completion for the sign by May 1, 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 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: $112.38 3. CASE NO: CEPM20120013875 OWNER: LINDA C. DAIGLE OFFICER: INVESTIGATOR JAMES DAVIS February 1, 2013 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 Investigator Davis requested the hearing. The Stipulation was entered into by the Respondent Linda Daigle on February 1, 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 $112.47 incurred in the prosecution of this case by March 1, 2013. 2. Abate all violations by obtaining all required Permit(s), inspections and Certificate of Occupancy /Completion and restore the structure to a permitted state consistent with the Collier county Property Maintenance Code within by February 8, 2013 or a fine of $250.00 per day will be imposed until the violation is abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate; or obtain a Collier County Boarding Certificate and board the structure by February 8, 2013 and obtain all required Collier County Building Permits inspections and Certificates of Completion/Occupancy and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure by August 1, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. 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 C. Emergency Cases: 2. CASE NO: CEPM20120018539 OWNER: DORIS LEE STANTON ROSA AND SHEILA JAMESON OFFICER: HEINZ BOX VIOLATION: COLLIER COUNTY LAWSAND ORDINANCES, CHAPTER 22, BUILDING AND BUILDING REGULATIONS ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(2) FOLIO NO: 65671240001 VIOLATON ADDRESS: 696 PINE VALE DRIVE NAPLES, FL Investigator Box represented the County. Doris Lee Stanton Rosa was represented by Robert Harris, through Power of Attorney. Ms. Baker reported notice was given by Certified Mail on 1/16/13 and the property and Courthouse was posted on 1/14/13. February 1, 2013 County Evidence Entered: Exhibit A: 1 photo dated 1/16/13 Exhibit B: "Collier County Utility Billing and Customer Service — Poly — Customer Maintenance Ledger" Mr. Box testified: • He was notified by the Utility Company that water service to the premise had been discontinued due to "non payment" and a violation was issued to the property owner. • He spoke to Mr. Harris regarding the issue notifying him the issue needed to be resolved as it is a health, safety and welfare issue. Respondent Evidence Entered: Exhibit 1: Exhibit 2: Mr. Harris testified: Collier County Utility Billing and Customer Service — Poly — Work Order 294169 1/14/13 Collier County Customer Call Log • He intentionally did not pay the water bills so the water service would be terminated by the County. • His intent was to force unwanted guests residing in the premise to vacate. • The guests have vacated the premise and the outstanding balances will be paid this evening with reconnection scheduled for February 5, 2013, pending his payment agreement with the Utility Company. After reviewing the evidence and consideration of the testimony, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.29 incurred in the prosecution of this case by April 1, 2013. 2. Take all necessary measures to have the water service legally restored to the premise on or before February 6, 2013 or a fine of $250.00 per day will be imposed until the violation is abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Total Amount Due: $112.29 Break: 10:40 a.m. Reconvened: 10:51 a.m. B. Hearings 2. CASE NO: S0150857- CEEX20120018167 OWNER: OZGUR OZBEK OFFICER: CORPORAL T. SHAW VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: 6975 SIERRA CLUB CIRCLE, NAPLES Corporal Shaw represented the County. County Evidence Entered: Composite Exhibit A: 4 photos dated 11/29/12 Ozgur Ozbek was present. Respondent Evidence Entered: Composite Exhibit 1: 7 photos dated 11/30/12 Ozgur Ozbek testified: The citation was issued on November 29, 2012. February 1, 2013 • At 2:00 pm that day, his mother was involved in a car accident and he picked her up at the hospital and returned to his residence with her. • The apartment complex is undergoing parking lot renovations and he provided photos indicating there is no parking available in front of his unit. • In order to transport his mother to his residence, (he had to carry her), he parked briefly in a handicapped space which was considerably closer to his unit than the temporary designated parking areas. • When he returned to the vehicle, he noticed he had received a citation for illegally parking. Corporal Shaw testified: • He was dispatched to the scene based upon a complaint of a vehicle repeatedly parking in a handicap space without displaying the proper authorizations. • When he arrived on scene he identified and photographed the vehicle. • He was on scene for approximately 20 minutes, with the vehicle left unattended. • Based on the circumstances, a citation was issued. Mr. Ozbek stated he was not away from the vehicle for a long period of time, but acknowledged he took a shower before returning to the vehicle. After reviewing the evidence and consideration of the testimony, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a fine of $250.00, Court Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $305.00 by March 1, 2013. 3. CASE NO: S0178895- CEEX20130000416 OWNER: ANN T. REILLY OFFICER: DEPUTY KENNETH ROBINS VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE, PERSON NOT PRESENT WITH VEHICLE VIOLATION ADDRESS: VETERANS COMMUNITY PARK, NAPLES Deputy Robbins was present. Ann Reilly was present. Ms. Reilly and Kathileen Gilday testified: • They are guardians for a handicapped relative. • On January 5, 2013, she transported the individual to an event at Veterans Park where she parked in a handicapped space. • Following the event, the handicapped individual chose to ride home with another participant from the event. • As she was exiting the parking space, without the individual in the vehicle, she was approached by Officer Robins who cited her for parking in a handicapped space without the handicapped party present in the vehicle. • She did not have the proper handicap parking placard belonging to the individual as it was left in Ohio on a recent trip, and they are in the process of locating it and /or obtaining a State of Florida placard. The Special Magistrate notified the Respondent, if by March 1, 2013, they present a legal parking placard to the Code Enforcement Officials, they will be eligble to pay the $5.00 fee and the case will be settled. Investigator Asaro represented the County. County Evidence Entered: Composite Exhibit A: 4 photos dated 11/13/12 Ernest Valdastri was present. Investigator Asaro testified: • He responded to a complaint at the above location on November 13, 2012, a location he has previously visited regarding unregistered vehicles on site and vehicle parking in the grass. • Upon investigation, he determined there was a violation as shown in the photographs. • To his knowledge the violation remains, however the Respondent will not allow access to the property to inspect the premise. Ernest Valdastri testified: • One vehicle in question, a truck was parked in a neighbor's yard out of sight, however, it had to be relocated to his residences as he is in the process of selling it. • The boat is legally stored under the carport, except for times when fiberglass repairs are "curing." • Currently the vehicles on site are 1 boat (recreational), 1 RV, 3 automobiles and 13 motorcycles (inside the residence). After reviewing the evidence and consideration of the testimony, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.73 incurred in the prosecution of this case by March 1, 2013. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle and/or repairing any defects to each vehicle so they are operable, or store the vehicles in a completely enclosed structure, or remove the offending vehicles from the property by February 8, 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. County Officials are granted the right to enter the property for the purposes of inspections to determine if the violations remain or have been abated February 1, 2013 19. CASE NO: CEV20120015617 OWNER: ERNEST J. VALDASTRI OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130 ARTICLE III, SECTION 130-95,130-96(a), (b)(1)(2)(3), AND THE COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 4.05.03(A). IMPROPERLY STORED RECREATIONAL VEHICLES, UNLICENSED VEHICLES, AND VEHICLE PARKED ON THE GRASS. FOLIO NO: 49532360004 VIOLATION ADDRESS: 30 CREEK CIRCLE, NAPLES Investigator Asaro represented the County. County Evidence Entered: Composite Exhibit A: 4 photos dated 11/13/12 Ernest Valdastri was present. Investigator Asaro testified: • He responded to a complaint at the above location on November 13, 2012, a location he has previously visited regarding unregistered vehicles on site and vehicle parking in the grass. • Upon investigation, he determined there was a violation as shown in the photographs. • To his knowledge the violation remains, however the Respondent will not allow access to the property to inspect the premise. Ernest Valdastri testified: • One vehicle in question, a truck was parked in a neighbor's yard out of sight, however, it had to be relocated to his residences as he is in the process of selling it. • The boat is legally stored under the carport, except for times when fiberglass repairs are "curing." • Currently the vehicles on site are 1 boat (recreational), 1 RV, 3 automobiles and 13 motorcycles (inside the residence). After reviewing the evidence and consideration of the testimony, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.73 incurred in the prosecution of this case by March 1, 2013. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle and/or repairing any defects to each vehicle so they are operable, or store the vehicles in a completely enclosed structure, or remove the offending vehicles from the property by February 8, 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. County Officials are granted the right to enter the property for the purposes of inspections to determine if the violations remain or have been abated February 1, 2013 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: $112.73 Cases 20 and 21 were combined. 20. CASE NO: CEEX20130000444 OWNER: KAREN HOLTSCLAW AND COLE FISCHER OFFICER: NANCY RYGEL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35. DANGEROUS DOG. VIOLATION ADDRESS: 7778 SCARLET COURT, NAPLES 21. CASE NO: CEEX20130000447 OWNER: KAREN HOLTSCLAW AND COLE FISCHER OFFICER: NANCY RYGEL VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14, SECTION 14 -35, DANGEROUS DOG. VIOLATION ADDRESS: 7778 SCARLET COURT, NAPLES Nancy Rygel and Bonnie Kubicek, Domestic Animal Service Officers represented the County. County Evidence Entered: Composite A: 4 photos of "Max's" injuries. Exhibit B: Invoice #13609 dated December 7, 2012 from Animal Specialty Hospital of Florida Karen Holtsclaw was present, she also represented her son, Cole Fischer. Respondent Evidence Entered: Exhibit 1: Plantation Homeowner's Association of Collier County. Inc. — Fence installation approval Exhibit 2: Photo of Jax and Obi The Special Magistrate reported the Respondent had appealed the determination by the County that her dog, and her son's dog be deemed "Dangerous Dogs." Ms. Holtsclaw testified: • She and her son, who resides with her, have 2 dogs: 1 disabled, "Jax" (7 year old Collie Mix) and "Obi" (4 year old Jack Russell Terrier). • On December 6, 2012, at approximately 11:00 pm, her son had Jax and Obi ( "the dogs ") in the yard, unleashed when they exited the property and entered the neighbor's property. • The dogs were subsequently involved with an altercation with Mr. Peltz's dog. • Her (Holtsclaw) dogs were not injured in the attack. • She acknowledged that on other occasions, the dogs have exited the property due to being unleashed. • She is in the process of obtaining the necessary approvals for installation of a fence for the yard in an effort to prevent incidents of this nature from re- occurring. • She was told by the Peltz's that they had a Jack Russell Terrier and they had to give it away as it antagonized their dog "Max" and senses they may not like her (Holtsclaw) dog due to a "previous history" with these breeds. • "Max" has also exited the Peltz's property unsupervised and bitten other dogs in the neighborhood. • She is sorry about the incident and disagrees the dogs are "dangerous." 10 February 1, 2013 Officer Rygel and Kubicek testified: • The dogs were declared "dangerous based" on the incident, not previous history of the dog. • They provided photos of the Mr. Peltz's dog's injuries indicating they required sutures. Eric Peitz testified: • At 10:45 pm he was walking his 2 dogs on his property when the Respondents' dog entered the property and attacked Max. • He was able to get his dog onto the lanai safely, while Max was left behind. • When he returned to Max, the Respondents 2 dogs already had attacked the dog and had him on the ground in a defenseless position. • He was able to extricate the dogs after utilizing extensive physical force, at which time the Respondent (Mr. Fischer) had arrived on the scene. • The dog was taken to the veterinarian and treated, including sutures. • The Respondent's dogs have been loose in the neighborhood on previous occasions and their life is now dictated by emergency measures necessary to react in case of an attack. • He has requested meetings with the Respondent to assist in resolving the issue, to no avail. • There was a previous attack on May 11, 2012 wherein a complaint could have been filed for a Dangerous Dog, however he chose not to do so as he was assured by the Respondent they would undertake the necessary measures to prevent similar incidents from re- occurring. Officer Rygel and Kubicek affirmed in review of official records, there have been 4 official incidents going back over 2 — 3 years with numerous related investigative visits regarding the Respondent's dogs. Ms. Holtsclaw asserted her dogs have not caused an "inconvenience" in the neighborhood, whereby residents are fearful of the dogs' unsupervised activities. After reviewing the evidence and consideration of the testimony, the Special Magistrate, DENIED the Respondent's appeal that the two dogs in question be deemed "DANGEROUS DOGS" by the County. Officer Kubicek outlined the County requirements for harboring a Dangerous Dog. CASE NO: PR049161- CEEX20120015481 OWNER: KARL SHEAN 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: 1/16/13 Ranger Maunz represented the County. The Respondent was not present. 11 February 1, 2013 County Evidence Entered: Composite Exhibit A: 2 photos depicting the violation. The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a fine of $30.00, Court Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $85.00 by March 1, 2013. Total Amount Due: $85.00 10. CASE NO: CEPM20120013134 OWNER: ROSE MCLAUGHLIN OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). POOL WITH GREEN STAGNANT WATER. FOLIO NO: 60698002764 VIOLATION ADDRESS: 8870 PINTO COURT, NAPLES Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/14/13 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 8/30/12 Exhibit B: 1 photo dated 1/31/13 The violation remains as of February 1, 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 $112.29 incurred by Code Enforcement during the prosecution of the case on or before March 1, 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 February 8, 2013 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 February 8, 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 Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 12. CASE NO: CEV20120015690 OWNER: GINOU FREDERIC OFFICER: INVESTIGATOR JAMES KINCAID 12 February 1, 2013 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III SECTION 130 -95. UNLICENSED INOPERABLE VEHICLE ON RESIDENTIAL PROPERTY. FOLIO NO: 62262400004 VIOLATION ADDRESS: 5305 -07 BROWARD STREET, NAPLES Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/14/13 Investigator Kincaid presented the case. Evidence entered: Composite Exhibit A: photos dated 10/1/12 Exhibit B: 1 photo dated 1/31/13 The violation remains as of February 1, 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 $112.29 incurred in the prosecution of this case by March 1, 2013. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle and/or repairing any defects to each vehicle so they are operable, or store the vehicles in a completely enclosed structure, or remove the offending vehicles from the property by February 8, 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: $112.29 13. CASE NO: CEPM20120015696 OWNER: GINOU FREDERIC OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ARTICLE VI, SECTIONS 22-242,22-231(12)(b) AND 22- 231(12)(i). UNSECURED PROPERTY, BROKEN WINDOWS, DOORS, AND HOLE IN EXTERIOR WALL. FOLIO NO: 62262400004 VIOLATION ADDRESS: 5305 -07 BROWARD STREET, NAPLES Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/14/13 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 10/1/12 Exhbiti 13: 1 photo dated 1/31/13 13 February 1, 2013 The violation remains as of February 1, 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 $112.29 incurred by Code Enforcement during the prosecution of the case on or before March 1, 2013. 2. Obtain all required Collier County Building or Demolition Permits, inspections and a Certificate of Completion /Occupancy to restore the windows /doors to a permitted condition on or before March 1, 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 or, obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before February 8, 2013 and obtain all required Collier County Building Permits inspections and Certificates of Completion /Occupancy by August 1, 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: $112.29 17. CASE NO: CEPM20120016225 OWNER: DAVID PRICE OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15) AND SECTION 22 -242. UNMAINTAINED POOL AND UNSECURE DOORS. FOLIO NO: 38455880009 VIOLATION ADDRESS: 6531 SABLE RIDGE LANE, NAPLES Date of Hearing Notice by Certified Mail: 1/25/13 Date of Hearing Notice Property /Courthouse Posting: 1/25/13 Investigator Athey presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 9 photos dated 10/24/12 Composite Exhibit A: 4 photos dated 1/31/13 The violation remains as of February 1, 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 March 1, 2013. 14 February 1, 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 February 8, 2013 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 February 8, 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. Secure all exterior doors or obtain Collier County Boarding Certificate and board the structure by February 8, 2013 a fine of $250.00 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: $112.64 C. Emergency Cases: 1. CASE NO: CEPM20120018539 OWNER: FAUSTA MAURA PINEIRO OFFICER: TONY ASARO VIOLATION: COLLIER COUNTY LAWSAND ORDINANCES,_ CHAPTER 22, ARTICLE VI, SECTION 22-231(l),(2),(9),(11), &(19) FOLIO NO: 68343640004 VIOLATON ADDRESS: 94 ISLES OF ST. THOMAS, NAPLES, FL Date of Hearing Notice by Certified Mail: 1/25/13 Date of Hearing Notice Property /Courthouse Posting: 1/25/13 Investigator Asaro represented the County. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/22/12 Investigator Asaro testified the premise lacks proper water and electrical service to be defined as habitable under County Codes. 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 March 1, 2013. 2. Restore the water and electrical service to the property by February 6, 2013 or vacate the premise or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. 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 15 February 1, 2013 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: $112.64 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. CASE NO: CEPM20120011608 OWNER: BETTY FREDERICK EST, AND KAREN L. DONNADIO EST OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, 22- 231(15). UNMAINTAINED SWIMMING POOL. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/14/13 The Respondents were not present. Supervisor Bosa presented the case noting the violation has been abated by the County. Special Magistrate Order: 10/5/12 Fine Amount: $250.00 /day Duration: 52 days Total Fine Amount: $13,000.00 Unpaid Abatement Costs: $1,404.85 Unpaid Operational Costs: $112.38 Total to Date: $14,517.23 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 $14,517.23. Said amount to become a lien on the property. 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 Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/14/13 The Respondents were not present. Supervisor Mucha presented the case noting the violation has been abated by the County. Special Magistrate Order: 11/2/12 Fine Amount: $250.00 /day 16 February 1, 2013 Duration: 33 days Total Fine Amount: $8,250.00 Unpaid Abatement Costs: $1576.10 Unpaid Operational Costs: $112.47 Total to Date: $9,938.57 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 $9,938.57. Said amount to become a lien on the property. CASE NO: CEPM20120006398 OWNER: ROBERT J. SEYLER EST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(i). BROKEN WINDOW. FOLIO NO: 68343680006 VIOLATION ADDRESS: 95 ISLE ST. THOMAS, NAPLES Date of Hearing Notice by Certified Mail: 1/16/13 Date of Hearing Notice Property /Courthouse Posting: 1/18/13 The Respondents were not present. Supervisor Letourneau reported 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. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT MEETING DATE: March 1, 2013 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 17 February 1, 2013 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1:40 p.m. COLLIER COUNTY SPECIAL MAGISTRATE HEARING (A4 nda Cyarl on, Special Magistrate The Minutes werr approved by the Special Magistrate on as presented ✓ , or as amended 18