CESM Minutes 11/20/2009
November 20, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, November 20,2009
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 the Collier County Community Development
and Environmental Services CCDES") Building at 2800 North Horseshoe Drive
Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor
Michele McGonagle, Administrative Secretary
November 20, 2009
I, CALL TO ORDER
The Hearing was called to order at 9:00 AM by the Honorable Special Magistrate
Brenda Garretson. 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: 9:14 AM
RECONVENED: 9:35 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (A), Stipulations were reached in the following cases:
· Agenda #3, Case #CENA 20090014230 - BCC vs. Eduardo & Maria
Rodriguez
· Agenda #7, Case #CEPM 2009003953 - BCC vs. Arnoldo & Josephine
Ayala
· Agenda #8, Case #CEPM 20090011623 - BCC vs. Guillermo Gorostieta &
Susana Mora
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
Park Ranger:
· Agenda #1, Case #PR 003318 - CEEX 20090016977 - BCC vs. Gregory
Yanda
· Agenda #2, Case #PR 000297 - CEEX 20090016975 - BCC vs. Richard
MacClugage
(c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
· Agenda #4, Case #CEPM 20080003112 - BCC vs. Jawed Dass &
Mussarat Jawed Dass
· Agenda #6, Case #CEPM 20090004287 - BCC vs. Adam Canales &
Maria Garza
(d) Under Item V (B), "Hearings," the following case was DISMISSED by the
County:
· Agenda #5, Case #CEV 20090013807 - BCC vs. Joseph Tanner
(e) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
WITHDRAWN by the County:
· Agenda #4, Case #CENA 20090010129 - BCC vs. James S. Loucy
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November 20, 2009
· Agenda #5, Case #CEROW 20090003650 - BCC vs. Elmar Robert
Aponte & Sylvia Lopez
(d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were
DISMISSED by the County:
· Agenda #1, Case #2007050444 - BCC vs. Ronald & Nanette Brija
· Agenda #2, Case #CEV 20090008539 - BCC vs. Lociana Dorilus, Lyta
Iste, & Ifaussa Dorilus
· Agenda #3, Case #CEV 20090005100 - BCC vs. Maria C. Zuluaga
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.
III. APPROVAL OF MINUTES - November 5, 2009
Correction:
· Under Item V, "Hearings, " in Agenda #8, Case #CEPM 20090005344 - BCC vs.
Edward Slasienski, the correct amount of the fine is $200 per day.
· Under Item VI (A), "Imposition of Fines," in Agenda #1, Case #CEPM
20090008987 - BCC vs. Jerry & Susan Currie, the correct amount of the fine is
$4,100 (not $41,000), and the correct total amount due is $4,217.96
(not $41,217.96).
The Minutes of the Special Magistrate Hearing held on November 5, 2009 were
reviewed by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines - None
B. Motion for Extension of Time - None
V. PUBLIC HEARINGS
A. Stipulations:
7. Case #CEPM 20090003952 - BCC vs. Arnoldo & Josephine Avala
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
Respondent, Arno1do Ayala, was present. Josephine Ayala was not present.
Delilah Bean appeared as a friend of Respondent Arnoldo Ayala.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 12C, 121, 12L, 120, 12P, 19 and 20
Rental unit with several Minimum Housing violations
Folio No: 81680760006
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November 20, 2009
Violation Address: 224 3rd Street, Immokalee
Respondent, Arnoldo Ayala, resides at 401 Jefferson Avenue, Immokalee, Florida
34142.
A Stipulation was entered into by Respondent, Arnoldo Ayala, on November 20, 2009.
Respondent stated he did not know if his wife was aware of the Hearing.
Supervisor Waldron stated the Notice of Hearing was posted at the property and the
Courthouse on November 9, 2009.
The Special Magistrate stated sufficient Notice was provided to both Respondents
based on the requirements of the Ordinance.
Investigator Mucha stated the violations have not been abated.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to either repair the violations cited in
the Property Maintenance Inspection Report dated April 6, 2009, on or before
January 20,2010, or hire a General Contractor and obtain a Collier County
Demolition Permit, all required inspections and a Certificate of Completion on or
before January 20,2010, or afine 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.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation and assess the costs to the Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$112.69 on
or before December 20, 2009.
The Respondents are 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: $112.69
3. Case #CENA 200900014230 - BCC vs. Eduardo & Maria Rodril!uez
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
Respondent, Eduardo Rodriguez, had been present earlier but left before the case was
heard,
Violations: Collier County Code of Laws & Ordinances, Chapter 54, Article VI,
Section(s) 54-179 & 54-181
Litter consisting of, but not limited to, dilapidated wooden shed, bottles,
cans, tires, jacks, gas cans and mechanical tools all stored outside of
residential zoned property
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November 20, 2009
Folio No: 22670600009
Violation address: 3600 Poplar Way, Naples
A Stipulation was entered into by Respondent, Eduardo Rodriguez, on behalf of his
wife, Maria Rodriguez, and himself on November 20, 2009.
Investigator Keegan stated he verified with Mr. Rodriguez that his wife was aware of
the Hearing and he represented her when he signed the Stipulation.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to either remove all litter to an
appropriate waste disposal facility, or store items in a completely enclosed structure
on or before November 25,2009, or afine of$100.00 per day will be imposed for
each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$112.42 on
or before December 20, 2009.
The Respondents are 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: $112.42
8. Case #CEPM 20090011623 - BCC vs. Guillermo Gorostieta & Susana Mora
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondents were also present
Gerardo Ruiz served as translator for his parents.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-23], Subsections 1,9, 121, 12L, 12P, 19 and 20
Mobile home being used for rental purposes with several Minimum
Housing violations
Folio No: 00769320005
Violation address: ] 7050 Lockhart Drive, Naples
The Respondents reside at ] 7046 Lockhart Drive, Naples, Florida.
A Stipulation was entered into by the Respondems on November 20, 2009.
Finding the Notice of Hearing was properly served, the Respondents were found
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November 20, 2009
GUILTY of the alleged violation and ordered to either hire a licensed General
Contractor and obtain a permit to repair the violations citied on the Property
Maintenance Inspection Reported dated August 27,2009, all required inspections
and a Certificate of Occupancy on or before March 20, 2010, or hire a licensed
General Contractor and obtain a Collier County Demolition Permit to demolish the
mobile home, all required inspections, and a Certificate of Completion on or before
March 20, 2010, 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 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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the terms of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$112. 75 on
or before December 20, 2009.
The Respondents are 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: $112.75
9. Case #CEPM 20090008287 - BCC vs. Eleazar & Maria Ranl!el
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231, Subsections 9, 12C, and 121
Vacant mobile home with broken windows and exterior electrical outlet
that needs repair, and detached garage with roof damage
Folio No: 00765040004
Violation address: 17051 Lockhart Drive, Naples
Supervisor Waldron noted the Notice of Hearing was posted at the property and the
Courthouse on November 6, 2009.
Investigator Mucha introduced two photographs, dated June 8, 2009, which were
marked as County's Composite Exhibit "A" and admitted into evidence. He stated the
Respondents reside out of state and the property may now be occupied by the
Respondents' daughter. Some repairs have been made to the windows, but the
damaged roofremains.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to hire a licensed General Contractor
and obtain a permit to repair the garage roof, all required inspections and a
Certificate of Occupancy/Completion on or before January 20,2010, or afine of
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November 20, 2009
$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.
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 Respondents.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$112.36 on
or before December 20, 2009.
The Respondents are 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: $112.36
C. Emergency Cases: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
The cases were either Dismissed or Withdrawn, as stated under Item II,
"Approval of the Agenda."
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order
1. Case No.: CEPM 20080011393
Owner: Diane L. Mathieu, John R. Mathieu, Diane L. Mathieu Rev. Tr.
UTD 7-12-02
Officer: Investigator John Santafemia
Violation: Ord. 04-58, Sec. 12
Existence of a dangerous building
Violation address: 427 Willet Avenue, Naples, FL
Folio No.: 27586840000
Supervisor Waldron stated the County was requesting to correct the amount ofthe
fine to $14,986.00 to eliminate a previously included administrative fee.
The Special Magistrate GRANTED the County's Motion.
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
The Special Magistrate reviewed the four cases identified in the Executive Summary
and GRANTED the County's request to forward the referenced cases to the County
Attorney's Office.
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November 20, 2009
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
referenced in the submitted Executive Summary.
None
IX. REPORTS:
None
X. NEXT HEARING DATE - December 4,1009, at 9:00 AM, located at the Collier
County Community Development and Environmental Services ("CDES'') Building at
1800 North Horseshoe Drive, in Conference Room 609-610
There being no further business for the good of the County, the Hearing was adjourned by
Order ofthe Special Magistrate at 10:25 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
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