HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE A G E N D A

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1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE A G E N D A DATE: May 3, 2011 at 9:00 A.M. LOCATION: Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 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 April 1, 2011 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1

2 B. Hearings 1. CASE NO: SO CEEX OWNER: HELEN T. TANNER OFFICER: DEPUTY KLINKMANN S: CODE OF LAW & ORD., SEC HANDICAPPED SPACE, NO VISIBLE PERMIT. ADDRESS: PHYSICIANS REGIONAL, COLLIER BLVD, NAPLES 2. CASE NO: SO CEEX OWNER: MARILYN S. MURRAY OFFICER: CORPORAL KINCAID S: CODE OF LAW & ORD., SEC HANDICAPPED SPACE ADDRESS: LIVINGSTON RD, NAPLES 3. CASE NO: SO CEEX OWNER: SHIRLEY ANN PARKS ENGSTROM OFFICER: DEPUTY KLINKMANN S: CODE OF LAW & ORD., SEC HANDICAPPED SPACE, NO VISIBLE PERMIT ADDRESS: FREEDOM SQUARE PUBLIX, NAPLES 4. CASE NO: SO CEEX OWNER: KEVIN E. BURKE OFFICER: DEPUTY PAIGE LONG S: CODE OF LAW & ORD., SEC HANDICAPPED SPACE, BLOCKING ACCESS ADDRESS: WALMART, 41 & IMMOKALEE, NAPLES 5. CASE NO: SO CEEX OWNER: DONNA MOORE OFFICER: DEPUTY KENNETH ROBINS S: CODE OF LAW & ORD., SEC UNLAWFUL AREA, NOT AN AUTHORIZED PARKING SPOT ADDRESS: BAREFOOT BEACH ACCESS, NAPLES 6. CASE NO: SO CEEX OWNER: BLANCHE SEGO OFFICER: DEPUTY KLINKMANN S: CODE OF LAW & ORD., SEC HANDICAPPED SPACE, NO VISIBLE PERMIT ADDRESS: WALMART, COLLIER & DAVIS, NAPLES 2

3 7. CASE NO: PR CEEX OWNER: KYLE OSBORNE OFFICER: PARK RANGER CYNTHIA GAYNOR S: CODE OF LAW & ORD., SEC FAILURE TO DISPLAY COMMERCIAL LAUNCH STICKER ADDRESS: 951 BOAT RAMP, NAPLES 8. CASE NO: PR CEEX OWNER: ROBERT J. HARTWELL OFFICER: PARK RANGER CAROL BUCKLER S: CODE OF LAW & ORD., SEC FAILURE TO DISPLAY PAID LAUNCH RECEIPT ADDRESS: 951 BOAT RAMP, NAPLES 9. CASE NO: PR CEEX OWNER: JOAN A. WALSH OFFICER: PARK RANGER RICHARD MAUNZ S: CODE OF LAW & ORD., SEC FAILURE TO DISPLAY VALID LAUNCH RECEIPT ADDRESS: DANFORD STREET, BAYVIEW BOAT PARK, NAPLES 10. CASE NO: PR CEEX OWNER: JAMES B. PILKENTON JR OFFICER: PARK RANGER ROGER RIECK S: CODE OF LAW & ORD., SEC UNLAWFUL AREA, PARKED IN AN UNAUTHORIZED AREA ADDRESS: BAREFOOT BEACH PRESERVE, NAPLES 11. CASE NO: PR CEEX OWNER: IOANNIS BARDIS OFFICER: PARK RANGER KURT ARAQUISTAIN S: CODE OF LAW & ORD., SEC UNLAWFUL AREA, NO PARKING ANY TIME ADDRESS: BAYVIEW PARK/DANFORD, NAPLES 12. CASE NO: PR CEEX OWNER: IOANNIS BARDIS OFFICER: PARK RANGER KURT ARAQUISTAIN S: CODE OF LAW & ORD., SEC FAILURE TO DISPLAY A LAUNCH RECEIPT ADDRESS: BAYVIEW PARK/DANFORD, NAPLES 3

4 13. CASE NO: DAS11919-CEEX OWNER: DAWN KNIGHT OFFICER: OFFICER PAUL MORRIS S: CODE OF LAW & ORD , SEC. 8, PARAGRAPH 1(B) TO ALLOW A DOG TO RUN AT LARGE ADDRESS: MORNING SUN LANE, NAPLES 14. CASE NO: DAS11920-CEEX OWNER: DAWN KNIGHT OFFICER: OFFICER PAUL MORRIS S: CODE OF LAW & ORD , SEC. 8, PARAGRAPH 1(E) TO JUMP UPON ADDRESS: MORNING SUN LANE, NAPLES 15. CASE NO: CESD OWNER: JOSEFINA URQUILLA OFFICER: INVESTIGATOR RENALD PAUL S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a). UNPERMITTED SHED. FOLIO NO: ADDRESS: TH AVE SW, NAPLES 16. CASE NO: CEV OWNER: RODGER PERRY S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION PARKING ON LAWN. FOLIO NO: ADDRESS: TH ST SW, NAPLES 17. CASE NO: CEPM OWNER: PRIME HOMES AT PORTOFINO FALLS OFFICER: INVESTIGATOR JONATHAN MUSSE S: COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION (12)(d), (12) (p), AND (19). EXTERIOR DOOR STICKS, NOT ALLOWING PROPER INGRESS/EGRESS, LEAKY PIPES, DAMAGED CEILING AND MOLD. FOLIO NO: ADDRESS: 7082 VENICE WAY, NAPLES 4

5 18. CASE NO: CESD OWNER: ROBERTO LINO OFFICER: INVESTIGATOR AZURE BOTTS S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a). SHED IN REAR YARD ERECTED WITHOUT REQUIRED BUILDING PERMIT OR INSPECTIONS. FOLIO NO: ADDRESS: 421 LEAWOOD CIRCLE, NAPLES 19. CASE NO: CEROW OWNER: ESTATE OF ALAN D. MONTGOMERY OFFICER: INVESTIGATOR RENALD PAUL S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, SECTION (a). SEVERAL TREES THAT WERE PLANTED IN THE RIGHT OF WAY WITH NO PERMIT. FOLIO NO: ADDRESS: TH CT SW, NAPLES 20. CASE NO: CESD OWNER: SERGIO G. & PATRICIA SALINAS S: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a) AND SECTION (B)(1)(e)(i). POOL, NEVER CO-ED AND THREE UNPERMITTED STRUCTURES (2 SHEDS & 1 BBQ PIT). FOLIO NO: ADDRESS: TH ST SW, NAPLES 21. CASE NO: CEPM OWNER: JEFFERSON F. & TAMMY J. ROBERTS, OR PROPERTY OWNER S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION (15). SWIMMING POOL THAT IS NOT BEING MAINTAINED. FOLIO NO: ADDRESS: INDIGO LAKES CIRCLE, NAPLES 22. CASE NO: CEPM OWNER: ELVIS CAMACHO OFFICER: INVESTIGATOR HEINZ BOX S: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, SECTION (3), METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS DANGEROUS/HAZARDOUS BUILDING DESTROYED BY FIRE. FOLIO NO: ADDRESS: TH STREET SW, NAPLES 5

6 23. CASE NO: CESD OWNER: JORGE DELGADO ALFONSO OFFICER: INVESTIGATOR RENALD PAUL S: FLORIDA BUILDING CODE 2007, CHAPTER 1, SECTION PERMIT FOR THE FENCE WAS NEVER CO-ED. FOLIO NO: ADDRESS: TH TER SW, NAPLES 24. CASE NO: CESD OWNER: PEDRO ALVAREZ OFFICER: INVESTIGATOR JONATHAN MUSSE S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a). WINDOWS THAT HAVE BEEN REPLACED WITHOUT PERMITS. FOLIO NO: ADDRESS: RD AVENUE SW, NAPLES 25. CASE NO: CEV OWNER: RICHARD LARICHE JR & VALERIE LARICHE S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION (3). COMMERCIAL VEHICLE PARKED IN THE REAR OF THE PROPERTY THAT IS NOT CONCEALED FROM THE VIEW OF NEIGHBORING PROPERTIES. FOLIO NO: ADDRESS: RD PL SW, NAPLES 26. CASE NO: CEV OWNER: KARL KRONK OFFICER: INVESTIGATOR MICHELE MCGONAGLE S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION (a). A BOAT ON A TRAILER PARKED IN THE DRIVEWAY AND AN EMPTY BOAT TRAILER PARKED IN THE FRONT YARD. FOLIO NO: ADDRESS: 184 PAGO PAGO DRIVE W, NAPLES 27. CASE NO: CEPM OWNER: MORAD BAHRAMI OFFICER: INVESTIGATOR HEINZ BOX S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION (12)(m) AND SECTION (12)(l). BLACK MOLD ON EXTERIOR OF HOME AND TORN SCREENS ON LANAI. FOLIO NO: ADDRESS: 841 BLUEBIRD STREET, NAPLES 6

7 28. CASE NO: CENA OWNER: AN TRINH & MARIA NGUYEN S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION ACCUMULATED LITTER ON THE PROPERTY. FOLIO NO: ADDRESS: TH AVENUE SW, NAPLES 29. CASE NO: CEV OWNER: AN TRINH & MARIA NGUYEN S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130, SECTION RECURRING OF UNLICENSED AND INOPERABLE VEHICLES BEING STORED ON THE PROPERTY. FOLIO NO: ADDRESS: TH AVENUE SW, NAPLES 30. CASE NO: CEPM OWNER: HSBC BANK USA NA TR ACE SECURITIES CORPORATION S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION (12)(b)(n), AND SECTION UNSECURED STRUCTURE, BROKEN/MISSING SCREENS. FOLIO NO: ADDRESS: 4500 GOLDEN GATE PKWY, NAPLES 31. CASE NO: CESD OWNER: SANDRA L. CASTRO OFFICER: INVESTIGATOR TONY ASARO S: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS AMENDED, SECTION (B)(1)(a) AND FLORIDA BUILDING CODE 2007 EDITION, CHAPTER 1 PERMITS, SECTION FENCE AND STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY BUILDING PERMIT(S). FOLIO NO: ADDRESS: ST AVENUE NE, NAPLES 32. CASE NO: CENA OWNER: THELMA NOVELO S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, APPLIANCES, FURNITURE, METAL SCRAPS, BUCKETS, AND TOOLS. FOLIO NO: ADDRESS: ST STREET SW, NAPLES 7

8 33. CASE NO: CEAU OWNER: ALEXANDER O. & CRISTINA ULATE OFFICER: INVESTIGATOR RENALD PAUL S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (A). FENCE IS DAMAGED. FOLIO NO: ADDRESS: ST STREET SW, NAPLES 34. CASE NO: CESD OWNER: ROBERTO PEREZ S: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION UNPERMITTED WOOD AND CHAIN LINK FENCE. FOLIO NO: ADDRESS: RD AVENUE SW, NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM OWNER: HENRY J. TESNO & JILL J. WEAVER OFFICER: INVESTIGATOR AZURE BOTTS S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION (15). REPEAT OF SINGLE FAMILY SWIMMING POOL FILLED WITH GREEN ALGAE/STAGNANT WATER. FOLIO NO: ADDRESS: 3117 ARECA AVENUE, NAPLES 2. CASE NO: CEPM OWNER: ALBERT HOUSTON SR OFFICER: INVESTIGATOR KITCHELL SNOW S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION (12)(b), (12)(d), (12)(p), (12)( c), (12)(i), (12)(l), (8), NUISANCES SPECIFIED, AND COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION VACANT/ABANDONED UNSECURED STRUCTURE USED FOR PROSTITUTION AND DRUG ACTIVITY WITH NUMEROUS PROPERTY MAINTENANCE S TO INCLUDE BUT NOT LIMITED TO: LEAKS IN THE ROOF, EXPOSED ABOVE GROUND SEWER PIPES, BROKEN WINDOWS, INTERIOR AND EXTERIOR WALLS IN A POOR CONDITION, ETC. FOLIO NO: ADDRESS: 433 CARVER STREET, IMMOKALEE 8

9 3. CASE NO: CEPM OWNER: JUDITH HARBRECHT HILL TR & WILLIAM P. HILL TR, UTD 10/8/96 OFFICER: INVESTIGATOR JAMES KINCAID S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI SECTION (15). A PRIVATE DWELLING SWIMMING POOL THAT HAS BEEN IMPROPERLY MAINTAINED SO AS TO CREATE A SAFETY HAZARD OR HARBOR INSECT INFESTATION. WATER HAS BEEN ALLOWED TO STAGNATE AND BECOME POLLUTED WITH GREEN ALGAE. FOLIO NO: ADDRESS: 451 TORREY PINES POINT, NAPLES 4. CASE NO: CEPM OWNER: ABEL D. & SARA ACCILIO OFFICER: INVESTIGATOR TONY ASARO S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION (12) ( c). MAIN STRUCTURE WITH ROOF DAMAGE. FOLIO NO: ADDRESS: 907 SUMMERFIELD DRIVE, NAPLES 5. CASE NO: CEPM OWNER: BETTY FREDERICK & KAREN L. DONNADIO S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION (15). GREEN POOL. FOLIO NO: ADDRESS: TH STREET SW, NAPLES 6. CASE NO: CEPM OWNER: REUBEN T. REINSTEIN EST S: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION (15). SWIMMING POOL THAT IS NOT BEING MAINTAINED. FOLIO NO: ADDRESS: RD AVENUE SW, NAPLES 7. CASE NO: CESD OWNER: PALMIRA MUNOZ S: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a). UNPERMITTED SHED LOCATED IN THE REAR YARD OF THE PROPERTY. FOLIO NO: ADDRESS: TH TERRACE SW, NAPLES 9

10 8. CASE NO: CESD OWNER: WILNER FRANCOIS & SANDY ST. FLEUR S: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION (B)(1)(a). PVC FENCE AROUND POOL, NEVER CO-ED. FOLIO NO: ADDRESS: TH STREET SW, NAPLES 9. CASE NO: CESD OWNER: SERGIO G. & PATRICIA SALINAS S: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION EXPIRED PERMIT # NEVER CO-ED. FOLIO NO: ADDRESS: TH 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: June 3, 2011 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

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