Loading...
CESM Minutes 09/04/2009 September 4, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 4, 2009 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretary ~__"_'._"'_.'_,., "O'_"".,_~^'___.~ .__.O_.___'_m>-....'.,.",o_,.,. .__'." ..___. ..'"~_....~~,..,_,., September 4, 2009 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; the goal is to obtain compliance without being punitive. RECESS: 9:07 AM RECONVENED: 9:21 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item V (B), "Hearings," the following cases were DISMISSED by the County due to payment: · Agenda #2, Case #SO 161575 - CEEX 20090013445 - BCC vs. Tammy T. Means · Agenda #3, Case #PR 003155 - CEEX 20090013296 - BeC vs. Brett M. Onasch (b) Under Item V (B), "Hearings," the following case was WITHDRAWN by the County: · Agenda #6, Case #CESD 20090009794 - BCC vs. Victor A. Lopez & Delores Morales De Lopez (c) Under Item V (C), "Emergency Case," the following case was ADDED by the County: · Case #CEPM 20090002451 - BCC vs. Arnold Frank, c/o Exeter Holding, Ltd. (d) Under Item VI (A), "Motion for Imposition of Fines," the following case was DISMISSED by the County due to payment: · Agenda #4, Case #CEV 20090001146 - BCC vs. Juan L. Grande & Mercedes Boligan (e) Under Item VI (A), "Motion for Imposition of Fines," in Agenda #11, Case #2006070466 - BCC vs. Jill Weave & Henry Tesno, the Respondent's name was corrected to Weave[. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. 2 September 4, 2009 III. APPROVAL OF MINUTES - August 21, 2009 Correction: · Agenda #10, Case # CEV 20090003526 - BCC vs. Elmar Robert Aponte & Sylvia Lopez, the Operational Costs are $117.70 (not $117.80). · Under "Old Business: Motion to Amend Previously Issued Order, " in Case #CEPM 20080007331 - BCC vs. Dian & June Edwards, the date of the Order was corrected to October 3, 2008 (not October 2, 2008). The Minutes of the Special Magistrate Hearing held on August 21,2009 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance - None V. PUBLIC HEARINGS A. Stipulations: None B. Hearings: 1. Case # PU 4607 - CEEX 20090011454 - BCC vs. Jose Camet The Hearing was requested by the Respondent who was represented by his wife, Susanne Buschbeck. Collier County Public Utilities Enforcement Investigator Mike Andresky was also present. Violations: Ord. 2002-17, Section(s) 5.5.4 Irrigation violation - Phase II Water Restriction. Wrong day. Health, safety, welfare Folio No: 32486320000 Violation address: 4521 Rosea Court, Naples The Respondent resides at 4521 Rosea Court, Naples, Florida 34104. The Respondent's name was corrected to C-a-I-m-e-t. Ms. Buschbeck stated she and her husband were not aware they were violation since there had been no advisory regarding the drought status in the utility bills since June 2008. Her husband set the timer for the watering system and both thought the drought restrictions had changed due to rain. She claimed they would not have knowingly violated the Ordinance. 3 September 4, 2009 Investigator Andresky introduced one photograph which was marked as County's Exhibit "A" and admitted into evidence. He stated the Phase II Water Restrictions have remained in effect since September 26,2008. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civilfine of$75.00 and an administrative fee of $5.00011 or before October 4, 2009 altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before October 4, 2009. Total Amount Due: $130.00 4. Case #CEPM 20080016475 - BeC vs. San Janie Trevino & Guadalupe Martinez The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was also present. Violations: Collier County Code Of Laws & Ord, Chapter 22, Article VI, Section 22-231, Subsections 9,11, 12A, 12B, 12C, 121, 12K, 12N, 120, 12P, 19 & 20 Single family home that is owner-occupied that has numerous Minimum Housing violations Folio No: 56400080001 Violation address: 311 Price Street, Immokalee, FL 34142 Ms. Trevino stated she has married and her last name is Castro. Ms. Martinez has passed away and Ms. Trevino is in the process of changing the title to the property. Investigator Mucha introduced 47 photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. The complaint was initiated by the Health Department. The property is in a severe state of disrepair and amounted to a complete tear-down. He further stated since the Respondent and her family have no where else to live, he will contact various County agencies on the Respondent's behalf to determine if assistance is possible and available. The Respondent stated she does not have the finances available to repair the structure. The Special Magistrate ruled the case will be CONTINUED to allow the Investigator to investigate further options for the Respondellt. The Respolldent and her family are to clean up the property and make as many repairs to the structure as possible. Status Reports and photographs will be presented by the Investigator and the Respondent at the October 2,2009 Hearing. 4 September 4, 2009 5. Case #CEPM 20090002186 - BCC vs. An Trinh The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI, Section 22-231, Subsections 121, 12L, 12P, 19 Rental unit being maintained in sub-standard condition. Folio No: 61482960008 Violation address: 2996 Francis Avenue, Naples The Notice of Hearing was sent via Certified Mail on August 25,2009 and proof of delivery on August 26, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on August 24,2009. The Investigator introduced three photographs, taken on March 4, 2009, which were marked as County's Composite Exhibit "A," and four photographs, taken on June 12, 2009, which were marked as County's Composite Exhibit "B," and admitted into evidence. The violations have been abated. Finding the Notice of Hearing was properly served and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUlL TY of the alleged violation. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.20 on or before October 4, 2009. C. Emergency Case: 1. Case # CEPM 20090002451 - BCC vs. Arnold Frank c/o Exeter Holdine. Ltd. The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violations: Collier County Code of Laws & Ord., Chapter 22, Building and Building Regulations, Article II, Florida Building Code, Section 22-26 (103.11.1) Unsecured, unsafe building or structure Folio No: 67342280000 Violation address: 171 Carica Road, Naples The Notice of Violation was sent via Certified Mail and proof of delivery on May 15, 2009 was provided by the U.S. Postal Service. The Notice of Hearing was posted at the property and the Courthouse on August 31, 2009. 5 September 4, 2009 The Investigator introduced four photographs which were marked as County's Exhibits "A" through "D," and admitted into evidence. He stated the violation has not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain a Collier County Boarding Permit and completely secure the structure on or before September 11, 2009, or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has 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 Sheriff's Office to enforce the terms of the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.61 on or before October 4, 2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $117.61 RECESS: 10:30 AM RECONVENED: 11:00 AM VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # CEPM 20090000772 - BeC vs. Jill Weaver The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letoumeau. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, Subsections 1,9, 12L, 12P, 19, and 20 Mobile home being used as rental property being maintained in substandard condition Folio No: 52700640006 Violation address: 3064 Van Buren A venue, Naples The Notice of Hearing was posted at the property and the Courthouse on August 24, 2009. Supervisor Letoumeau stated the violations have not been abated. 6 September 4, 2009 The County requested imposition of Operational Costs in the sum of$118.14, together with fines in the amount of$12,750 for the period from July 16,2009 through September 4,2009 (51 days @ $250/day), for a total amount of$12,868.14. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $12, 868. 14 and noted the Fines will continue to accrue. 2. Case #CEPM 20080007331 - BCC vs. Dian & June Edwards The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondents were not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, Subsections 1-5,9,121, 12K, 12N, 12P, 12R, 19A, 19C & 20 Vacant rental property with several Minimum Housing Violations Folio No: 35981560003 Violation address: 4654 24th Place SW, Naples, FL 34116 The Notice of Hearing was posted at the property and the Courthouse on August 23, 2009. Supervisor Letourneau stated the Operational Costs of $118.04 were paid, but the violations have not been abated. The County requested imposition of fines in the amount of $94,500 for the period from August 23, 2008 through September 4, 2009 (378 days @ $250/day), for a total amount of $94,500. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $94,500 and noted the Fines will continue to accrue. 3. Case #CEPM 20090002302 - BCC vs. Lortoni Cardenas The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-231, 12C and 121 Damaged soffit and broken window Folio No: 36111400000 Violation address: 5023 24th Avenue SW, Naples The Notice of Hearing was posted at the property and the Courthouse on August 24, 2009. 7 September 4, 2009 Supervisor Letourneau stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of$117.96, together with fines in the amount of$12,750 for the period from July 16, 2009 through September 4,2009 (51days @ $250/day), for a total amount of$12,867.96. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $12,867.96 and noted the Fines will continue to accrue. 5. Case #CEV 20080016915 - BCC vs. Kennneth W. Lipka The County was represented by Collier County Code Enforcement Investigator Ralph Bosa. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicle parked/stored on residential area Folio No: 39836600001 Violation address: 2675 43rd Avenue NE The Notice of Hearing was posted at the property and the Courthouse on August 21, 2009. Investigator Bosa stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of$117.87, together with fines in the amount of$3,600 for the period from June 25,2009 through September 4,2009 (72 days @ $50/day), for a total amount of$3,717.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $3,717.87 and noted the Fines will continue to accrue. 6. Case #CEPM 20080015884 - BeC vs. Lvnda M. Mavor The County was represented by Collier County Code Enforcement Investigator Michelle Scavone. The Respondent was not present. Violations: Ordinance 2004-58, Section 12 Dangerous building Folio No: #00304160002 Violation address: FOLIO #00304160002 The Notice of Hearing was sent via Certified Mail on August 25,2009 and proof of delivery on August 27,2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on August 21,2009. 8 September 4, 2009 Investigator Scavone stated the violation were abated by the County. The County requested imposition of Operational Costs in the sum of $117.96, together with fines in the amount of$24,750 for the period from April 28, 2009 through August 4, 2009 (99 days @ $250/day), and reimbursement of abatement costs in the sum of$3,509.99, for a total amount of$28,377.95. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $28,377.95. 7. Case #CEPM 20090002388- BCC vs. AUf!ustin & Marie O. Dalusma The County was represented by Collier County Code Enforcement Investigator Kitchell Snow. The Respondents were not present. Violations: Collier County Code of Laws & Ord., Chap. 22, Article VI, Property Maintenance Code, Sec.22-231, Subs. 5,9,10, 12B, 12C, 121, 12L, 12P, 13,14, 19, and 20 Derelict home used for prostitution and drugs with numerous Property Maintenance Violations Folio No: 74030680002 Violation address: 406 2nd Street, Immokalee The Notice of Hearing was posted at the property and the Courthouse on August 20, 2009. Investigator Snow stated the violations were abated by the County. The County requested imposition of Operational Costs in the sum of $118.40, together with fines in the amount of$13,750 for the period from June 11,2009 through August 4, 2009 (55 days @ $250/day), and reimbursement of abatement costs in the sum of$4,843.33, for a total amount of $18,711.73. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $18,711.73. 8. Case #CEPM 20080003523 - BCC vs. Jill Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Investigator Thomas Keegan The Respondents were not present. Violations: Code of Laws and Ord., Article VI, Sec. 22-231, Sub(s.) 2, 9, 11, 12B, 12F, 12G, 12H, 121, 12K, 12L, 12N & 19B Numerous internal & external Minimum Housing Violations as described in the Property Maintenance Report 9 September 4, 2009 Folio No: 52700320009 Violation address: 3140 Van Buren Avenue, Naples, FL 34112 The Notice of Hearing was posted at the property and the Courthouse on August 21, 2009. Investigator Keegan stated the County abated the violations on July 23,2008. The County requested imposition of Operational Costs in the sum of$274.02, fines in the amount of $21 ,000 for the period from June 12, 2008 through July 23, 2008 (42 days @ $500/day), a Civil Penalty in the amount of$5,000, and reimbursement of abatement costs in the sum of$5,834, for a total amount of$32,108.02. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $32, 1 08. 02. 9. Case #2006100088 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Investigator Thomas Keegan The Respondent was not present. Violations: Collier County Ord. 2005-44, as amended, Section 7 Litter consisting of, but not limited to, downed trees and limbs, an old wheel barrel, broken fencing, scaffolds, plastic containers, and furniture throughout the property. Folio No: 22624160003 Violation address: 4620 Acadia Lane, Naples, 34112 The Notice of Hearing was posted at the property and the Courthouse on August 21, 2009. Investigator Keegan stated the violations were abated on March 28, 2007. The County requested imposition of Operational Costs in the sum of $1 06.97, together with fines in the amount of$5,100 for the period from February 6,2007 through March 28, 2007 (51 days @ $1 OO/day), for a total amount of $5,206.97. The Special Magistrate GRANTED the County's Motion for Imposition of Fines ill the total amount of $5,206. 97. 10. Case #2006070464 - BCC vs. Jill Weaver & Henry Tesno The County was represented by Collier County Code Enforcement Investigator Thomas Keegan The Respondents were not present. 10 September 4, 2009 Violations: Collier County Ord. 04-41, as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Folio No: 71800000527 Violation address: 3117 Areca Avenue, Naples, 34112 The Notice of Hearing was posted at the property and the Courthouse on August 21, 2009. Investigator Keegan stated the violations have been abated. The County requested imposition of Operational Costs in the sum of $150.61, together with a Civil Penalty in the amount of $1 00, for a total amount of $250.61. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $250.61. 11. Case #2006070466 - BCC vs. Jill Weave & Henrv Tesno The County was represented by Collier County Code Enforcement Investigator Thomas Keegan The Respondents were not present. (Note: correction to spelling ofWeavel;, pursuant to amendment to Agenda.) Violations: Collier County Ord. 04-41, as amended, Sec. 4.05.03(A) Vehicles parked in front yard Folio No: 71800000527 Violation address: 3117 Areca Avenue, Naples, 34112 The Notice of Hearing was posted at the property and the Courthouse on August 21, 2009. Investigator Keegan stated the violation was abated on September 13, 2006. The County requested imposition of Operational Costs in the sum of $150.61, together with fines in the amount of $900 for the period from September 3, 2006 through September 11, 2006 (9 days @ $100/day), for a total amount of$1,050.61. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $1, 050. 61. VII. OLD BUSINESS: None VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. None 11 September 4, 2009 B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None X. NEXT HEARING DATE - September 18, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F, " 3rd Floor, 3301 E. Tamiami Trail, 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 :33 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate, The Minutes were approved by the Special Magistrate on as presented _, or as amended 12