Loading...
Spec Master Minutes 07/01/2005 July I, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida July 1, 2005 LET IT BE REMEMBERED, that the Collier County Special Master in and for the County of Collier, having conducted business herein, met on this date at 8:45 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson COUNTY STAFF PRESENT: Leonardo Bonanno, Secretary to the Special Master 1 ~-_. HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: JULY 1, 2005 8:45 A.M. Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center Administrative Building "F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM 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 CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER 1. HONORABLE SPECIAL MASTER BRENDA GARRETSON PRESIDING 2. HEARING RULES AND PROCEDURES 2. PUBLIC HEARINGS A. MOTIONS 1. Motions for Re-Hearing 1. BCC vs. Juan Acevedo SO 145152 2. Request for a Reduction of Fines 1. 2. BCC vs. Flora Suvirana BCC vs. George & Elizabeth Syrovy CO 2004090146 2004080900 3. Motion for Order 1. BCC vs. Jason Green SO 139205 B. HEARINGS I. CASE NO: OWNER: OFFICER: SO 141353 WELLS FARGO AUTO FINANCE CO. - CIO MARY HIGGINS DEP. SULANDER VIOLATIONS: ORD. SEC. 130-67 HANDICAPPED PARKING 2. CASE NO: OWNER: OFFICER: SO 142475 JAMES A POPLOL DEP. JAEGER VIOLATIONS: 316.1945 (l)(A)10 PARKING VIOLATION 3. CASE NO: SO 146472 OWNER: TONY A N EHLERS OFFICER: DEP. BILL HEMS VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING 4. CASE NO: SO 149732 OWNER: JOHN S VAUGHAN OFFICER: DEP. KLINKMANN VIOLATIONS: ORD. SEC. 130-67 HANDICAPPED PARKING 5. CASE NO: SO 145378 OWNER: JUDITH SCHWARTZ OFFICER: DEP. KELLER VIOLATIONS: ORD. SEC. 130-67 HANDICAPPED PARKING 6. CASE NO: CE 1571 OWNER: HENRY HOADLEY OFFICER: JACK FORDHAM VIOLATIONS: ORD. SEC. 130-66 PARKING IN THE RIGHT OF WAY 7. CASE NO: CE 0441 OWNER: LAURA KOZLOWSKI OFFICER: RON MARTINDALE VIOLATIONS: ORD. SEC. 130-66 PARKING IN THE RIGHT OF WAY 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005040777 DORENE CLARK CAROL SYKORA ORD. 2003-37 SEe. 5 CEMENT DRIVEWAY IN RIGHT OF WAY WITHOUT PERMIT 2005040288 DCMC, LLC - DOUGLAS CLARKE, REG. AGENT CAROL SYKORA ORD. 2003-37 SEe. 5 GRAVEL DRIVEWAY IDRAINAGE PIPES W 10 ROW PERMITS 2005030192 JAIME & ELIZABETH NINO CAROL SYKORA ORD. 04-41 AS AMENDED SEC 10.02.06 NO PERMITS FOR TWO CAR GARAGE WITH ELECTRIC 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005040527 DA VID W & TINA R WAINSCOTT CAROL SYKORA ORD. 04-41 AS AMENDED SEe. 10.02.06 NO CERTIFICATE OF OCCUPANCY/COMPLETION FOR EXPIRED PERMIT 2005040598 DANIEL J & DESIREE E HOPE CAROL SYKORA ORD. 04-41 AS AMENDED SEC 10.02.06 & ORD. 2002-01 SEe. 103.11.2 EXPIRED PERMIT WITH NO COICOMPLETION, NO POOL ENCLOSURE 2004110322 JUAN C VALDEZ EVERILDO YBACET A ORD 04-41 AS AMENDED SEe. 10.02.06, ORD. 2002-01 SEC. 104.1.1, 105.5 & 106.1.2 UNPERMITTED ADDITION TO THE REAR OF MOBILE HOME 2005020424 MARIE MICHELINE LAFRANCE ED MORAD ORD. 04-41 AS AMENDED SEC. 2.01.00 VEHICLES PARKED WITHOUT V ALID LICENSE PLATES 2004120373 GREG CARLISLE ED MORAD ORD. 81-42 AS AMENDED SEe. 1 FITNESS QUEST OPEN FOR BUSINESS WITHOUT OCCUPATIONAL LICENSE 2005040737 DEBORAH & ANNETTE D' ANGELO HEATHER GRIMSHAW ORD. 04-41 AS AMENDED SEC. 10.02.06, ORD. 2002-01 SEC 104.1.1 & 104.1.3.5 OBSERVED AN UNPERMITTED FENCE AND TREEHOUSE IN DISREPAIR 2005040410 DEBORAH & ANNETTE D' ANGELO HEATHER GRIMSHAW ORD. 2004-58 SEe. 6 PROPERTY MAINTENANCE AND SUB STANDARD HOUSING VIOLATIONS 2004080908 PINE RIDGE ASSOCIATES, LTD ROBERT CRUZIANDY WUHRER ORD. 04-41 AS AMENDED SEe. 5.06 & 10.02.06 SUMMERWIND GROUND SIGN MODIFIED WITHOUT PERMITS 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: 21. CASE NO: OWNER: OFFICER: VIOLATIONS: 22. CASE NO: OWNER: OFFICER: VIOLATIONS: 23. CASE NO: OWNER: OFFICER: VIOLATIONS: 24. CASE NO: OWNER: OFFICER: VIOLATIONS: 25. CASE NO: OWNER: OFFICER: VIOLATIONS: 26. CASE NO: OWNER: OFFICER: VIOLATIONS: 2004100731 ADV ANCED MERCHANDISING COMPANY INC ANDY WUHRER ORD. 04-41 AS AMENDED SEC. 5.06 & 10.02.06 UNPERMITTED POLEIGROUND SIGN/MISC. SIGNS 2005031181 MARTHA REGO JOE THOMPSON 04-41 AS AMENDED SEC. 10.02.06, ORD. 2002-01 SEC. 104.1.1 & 105.5 UNPERMITTED STRUCTURE IN THE REAR YARD 2005040726 GEORGE & SILFINA ST. FLEUR JACK FORDHAM ORD. 04-41 AS AMENDED SEC. 2.01.00 INOPERABLE/UNLICENSED VEHICLE(S) PARKED ON RESIDENTIAL PROPERTY 2005030725 JOHN B. LAFONT ANE & NOUNNUDE PIEREE JACK FORDHAM ORD. 04-41 AS AMENDED SEe. 2.01.00 INOPERABLE/UNLICENSED VEHICLE(S) PARKED ON RESIDENTIAL PROPERTY 2005030218 FABIO & DORA BAQUERO JACK FORDHAM ORD. 2004-58 SEe. 7 PROPERTY BEING RENTED WITHOUT RENTAL REGISTRATION 2005030169 FABIO & DORA BAQUERO JACK FORDHAM ORD. 04-41 AS AMENDED SEe. 2.01.00 INOPERABLE/UNLICENSED VEHICLE(S) PARKED ON RESIDENTIAL PROPERTY 2005010958 ROY BOND JEFF LETOURNEAU ORD. 04-41 AS AMENDED SEC. 10.02.06,2002-01 SEC 106.1.2 TWO MOBILE HOMES ON AGRICULTURAL PROPERTY WITHOUT PERMITS 2004100813 TAYLOR SQUARE VENTURE-ROBERTO BOLLT JEFF LETOURNEAU SECTION 5.04.04 OF ORDINANCE 2004-41 AS AMENDED BUSINESS CONDUCTED WITHOUT OCCUPATIONAL LICENSE NOR A TEMPORARY USE PERMIT CONTINUED FROM 12/22/2004 AND 6/312005 3. COMMENTS 4. NEXT MEETING DATE JULY 15,2005 5. ADJOURN July 1, 2005 1. CALL TO ORDER 1. The meeting was called to order by Special Master Brenda Garretson at 8:52 AM. All those testifying did so under oath. 2. Hearing Rules and Procedures: Given by Leonardo Bonanno, Secretary to the Special Master RECESS - 8:59 AM Special Master Garretson gave the Defendants an opportunity to speak with their Investigating Officer before conducting the Hearing for a Resolution by Stipulation; looking for Compliance without being punitive. Will call the Docket in 10 minutes. RECONVENED - 9:16 AM STIPULATIONS 15. Case #2004120373 - BCC vs. Gre1!: Carlisle This hearing was requested by Code Enforcement Officer Ed Morad who was present. The Respondent was also present. Violation(s): Ordinance 81-42 as amended, Section I Fitness Quest opens for business without occupational License. Officer Morad testified Mr. Carlisle is close to obtaining his occupational license. The respondent admitted guilt and agreed to the stipulation. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation and is ordered to obtain his occupational license on or before July 15, 2005 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $298.65 incurred by Code Enforcement during the prosecution of this case on or before July 15, 2005. 8. Case #2005040777 - BCC vs. Dorene Clark This hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The Respondent was present earlier and had agreed to the stipulation, but left before the hearing was heard. Violation(s): Ordinance 2003-37 Section 5 Cement Driveway in Right-of-Way without pennit. The violation has been abated. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was corrected prior to today's hearing, respondent is found GUILTY of the alleged violation(s} and is ordered to pay Operational Costs in the amount of$195.30 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. 2 July 1,2005 9. Case #2005040288 - BCC vs. DCMC, LLC-Dou1!:las Clarke. Re1!:istered A1!:ent This hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The respondent (or registered agent) was not present. Violation(s): Ordinance 2003-37-Section 5 Gravel Driveway/Drainage Pipes without Right-of-Way pennits. The violation was abated. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was corrected prior to today's hearing, respondent is found GUILTY of the alleged violation(s)and is ordered to pay Operational Costs in the amount of $206.78 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. 18. Case #2004080908 - BCC vs. Pine Rid1!:e Assoc.. LTD. This hearing was requested by Code Enforcement Investigator Andy Wuhrer who was present. Appearing for the Respondent is Richard Elwood, Manager of Summerwind. Violation(s): Ordinance - 04-41 as amended Sec. 5.06 & 10.02.06 Summerwind Ground Sign modified without pennit. Investigator Wuhrer stated the proper pennÍts have been pulled and the Respondent is aware of the fines that will accrue. (Richard Elwood, Regional Manager of Summerwind) agreed to the stipulation for the Respondent. Finding the Notice of Hearing was properly served, and finding the violation did exit, the respondent is found GUILTY of the alleged violation(s) and is ordered to obtain a Certificate of Occupancy/Completion on or before July 15, 2005 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $275.85 incurred by Code Enforcement during the prosecution of this case on or before July 15,2005. The Respondent is to notifY the Investigator Wuhrer when the violation has been abated. 13. Case #2004080800 (corrected from A1!:enda) - BCC vs. Juan C. Valdez This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06, Ordinance 2002-01, Sec. 104.1.1, 105.5 & 106.1.2 Un-pennitted addition to rear of Mobile Home. The violation was abated. Investigator Ybaceta stated the Respondent stipulated to the Operational Costs. Finding the Notice of Hearing was properly served; the Respondent waived his right of Hearing. Finding the violation did exist, but was corrected orior to today's hearing, 3 July 1, 2005 respondent is found GUILTY of the alleged violation(s) and is ordered to pay Operational Costs in the amount of $212.35 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. 20. Case #2005031181- BCC vs. Martha Re1!:o This hearing was requested by Code Enforcement Investigator Joe Thompson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06, Ordinance 2002-01 Sec. 104.1.1 & 105.5 Un-permitted structure in rear yard. Investigator Thompson met with the Respondent on Monday, with a witness, and agreed to a stipulation of Operational Costs and will demo the structure at 5267 Maple Lane. Finding the Notice of Hearing was properly served; the Respondent waived her right of Hearing. The Respondent was found GUILTY of the alleged violation(s)and is ordered to obtain a Demolition Permit to demolish the un-permitted structure on or before September 1,2005 or afine of $50 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs of $224. 18 incurred by Code Enforcement during the prosecution of this case/on or before September 1,2005. The Respondent will notify Investigator Thompson when the violation has been abated. 2. PUBLIC HEARINGS A. MOTIONS 1. Motions for Re-Hearing 1. BCC vs. Juan Acevedo - SO #145152 The Respondent was not present. His request for Re-Hearing was timely submitted in accordance with the Ordinance. His written request to the Special Master was submitted. His motion for Re-Hearing is DENIED. No new evidence was presented. The pictures attached to the Respondents motion confirmed he was parked in a Handicap zone. No evidence was shown he obtained or had a Handicap permit in his possession. If another hearing was granted, no evidence presented would give the Respondent a successful outcome. 2. Request for a Reduction of Fines 1. BCC vs. Flora Suvirana - CO #2004090146 Code Enforcement Investigator Ed Morad was present. The Respondent was present. Translator -Officer Ybaceta. The Respondent is asking for a reduction of fines that accrued for the time she was not in compliance. $1,200 in fines and $175.34 Operational Costs total $1,375.34. 4 July 1, 2005 The Respondent stated it took longer than expected to acquire the permits. They were applied for on April 8, 2005 and took approx. 15 days before the permits were obtained. It took her longer than expected to apply for the permits due to financial problems. Special Master Garretson stated the Hearing was heard on February 7,2005, and the Order signed on February 23rd. The Respondent was given until April 15th to comply. Investigator Morad stated he had no contact with the Respondent until after the inspection date. Based on the facts, Special Master Garretson DENIED the Respondent's requests for a reduction of fines. The Respondent agreed to negotiate a payment plan with Code Enforcement. 2. BCC vs. Geor1!:e & Elizabeth Svrovv - #2004080900 The Investigating Officer John Olney is not present. The Respondent is present and had requested this date. The Respondent's violation was non-compliance of Rental Registration. He was fined $25 and $30 a day for each day the violation existed. He stated the violation was mailed to an incorrect address and did not receive it. He was not aware of the first hearing. He did come into compliance a week ago. He received the second notice in his post office box. Based on the testimony of the Respondent, Special Master Garretson will consider the Motion after the Respondent submits a letter from the Rental Agency stating the circumstances to Mr. Bonanno. This will be CONTINUED to the July 15, 2005 Hearing. 3. Motion for Order 1. BCC vs. Jason Green - SO #139205 Based on viewing the parking site Special Master Garretson found the Respondent NOT GUILTY. She concluded all the elements required of a Handicapped Space were not present as the Handicapped Sign was missing. She has advised the Gulfgate Shopping Center to correct the situation. B. HEARINGS 1. Case #SO 141353 - BCC vs. Wells Far1!:o Auto Finance Co.. c/o Marv Hi1!:1!:ins This hearing was requested by the Respondent who was present. Deputy Sulander, Issuing Officer was not present. Violation(s): Ordinance 130-67 Handicapped Parking Citation SO 141353 was DISMISSED. STIPULATION 26. Case #2004100813 - BCC vs. Tavlor Square Venture - Roberto Bollt 5 July 1, 2005 This hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present. The Respondent was represented by legal counsel; Attorney Burt Saunders, Grey/Robertson Attorneys at Law. Attorney Saunders stated a Hearing is scheduled before the Board of County Commissioners on October 11, 2005 and asked for a Continuance for the last Special Master Hearing in October. They understand the violation and have a petition before the BCC for correcting the violation. A letter was submitted to the Special Master from Community Development and Environmental Services Dept. and Chairman of the Water Waste/Water Authority Chairman. The services (violation) will be moved if the BCC does not approve their petition. Investigator Letourneau realizes the extenuating circumstances and agrees to move forward with the stipulation. Attorney Saunders stated the Respondent stipulates to the violation and will continue to move forward for correcting said violation. Finding the Notice of Hearing was properly served, Special Master Garretson finds the Respondent in Violation and will delay her order until the November 11,2005 Hearing. At that time a determination will be made for the total Operational Costs. To date the Operational Costs total $242.97. Attorney Saunders waived the Notice requirements in for November 11, 2005 in light of his notification today. HEARINGS 2. Case # SO 142475 - BCC vs. James Pouiol This hearing was requested by the Respondent who was present. Deputy Jaeger, Issuing Officer was not present. Violation(s): Ordinance 316.1945 (1) (A) 10 Parking Violation Citation #SO 142475 was DISMISSED. 3. Case # SO 146472 - BCC vs. Tonva N. Ehlers This hearing was requested by the Respondent who was present. Deputy Bill Helms, Issuing Officer was not present. Violation(s): Ordinance 130-67 Handicap Parking Citation #SO 146472 was DISMISSED. 4. Case # SO 149732 - BCC vs. John S. Vau1!:han This hearing was requested by the Respondent who was not present. Deputy Klinkmann, Issuing Officer was present. Violation(s): Ordinance 130-67 Handicap Parking 6 July 1, 2005 On May 4,2005 a Black Toyota was sited parked in a Handicapped Parking space at Carillon Place without a permit visibly seen. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is ordered to pay afine of$250 011 or before August 1, 2005. The Respondent is ordered to pay Operational Costs in tile amount of$50 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. 6. Case #CE 1571- BCC vs. Henrv Hoadlev This hearing was requested by the Respondent who was not present. Code Enforcement Investigator Jack Fordham was present. Violation(s): Ordinance 130-66. Parking in the Right-of-Way Deputy Fordham testified Notices of Violation were served the Respondent concerning numerous parking violations at 1795 Terrace SW. A picture was placed into evidence. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is ordered to pay a fine of $30 on or before August 1, 2005. The Respondent is ordered to pay Operational Costs in the amount of $50 incurred by Code Enforcement durillg the prosecution of this case on or before August 1,2005. 7. Case # CE 0441 - BCC vs. Laura Kozlowski This hearing was requested by the Respondent who was not present. Code Enforcement Investigator Ron Martindale was present. Violation(s): Ordinance 130-66 Parking in the Right-of-Way. Investigator Martindale testified on April 20, 2005 at 817 99th Avenue N., a white Cadillac was spotted parked in the County right-of-way. A citation was issued at the time. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is ordered to pay afine of$30 on or before August 1,2005. The Respondent is ordered to pay Operational Costs of $50 incurred by Code Enforcement during her prosecution of this case on or before August 1,2005. 10. Case #2005030192 - BCC vs. Jaime & Elizabeth Nino This hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The Respondents were present. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06 No permits for 2 car garage with electric. On March 4, 2005 Officer Sykora observed a garage at the rear of the property and found no permits had been obtained. Pictures were shown and placed into evidence. Notice of 7 July 1, 2005 Violation was signed and accepted by Elizabeth Nino on March 7, 2005. After Notice of Hearing was received, the Respondent decided to obtain a Demolition Pennit. To date it has not been applied for. The Respondent admitted guilt and is ready to comply. The Respondent is asking for an extension as he is leaving for vacation for one month. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is given an extension until October 1,2005 to correct the violation or a fine of $150 per day will be imposed for each day the violation remains thereafter. The Respondent is to notify Officer Sykora when the violation has been abated. The Respondent is ordered to pay Operational Costs in the amount of $234. 65 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. 11. Case #2005040527 - BCC vs. David W. & Tina R. Wainscott This hearing is requested by Code Enforcement Investigator Carol Sykora who was present. The Respondent David Wainscott was present. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06 No Certificate of Occupancy/Completion for Expired Pennit Officer Sykora testified the case was started April 14, 2005 with an expired pennit without re-applying. Notice of Violation was served on April 18, 2005 and signed and accepted by Tina Wainscott. The first pennit had been approved on December 3,2003. The pennit has been re-applied for on June 2, 2005 with inspections to be completed in order to receive the Certificate of Occupancy/Completion. The Respondent admitted guilt and stated it has been a time consuming experience. A lengthy explanation of the Contractor's not perfonning in a timely fashion was given by the Respondent. He also stated the septic system is an issue that was recently found. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is ordered to come into complete compliance by obtaining a Certificate of Occupancy/Completion by October 1,2005 or afine of$50 per day will be imposed for each day the violation remains thereafter. The Respondent is to notify the Investigating Officer when the violation has been abated. The Respondent is ordered to pay Operational Costs in the amount of$223.17 incurred by Code Enforcement during the prosecution of this case on or before October 1,2005. 25. Case #2005010958 - BCC vs. Roy Bond This case was removed from the Agenda per Investigator Letourneau's request. 12. Case #2005040598 - BCC vs. Daniel J. & Desiree E. HODe This hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The Respondent Daniel Hope was present. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06 & Ordinance 2002-01 Sec. 103.11.2 8 July 1, 2005 Expired pennit with no Certificate of Occupancy/Completion - No Pool Enclosure Officer Sykora testified on April 15, 2005 a complaint was received concerning "no pool enclosure." The pennits had expired. A Notice of Violation was served and signed by Rose Hope. As of to day's date pennits have been re-applied for and a temporary fence placed around the pool. The Respondent stated he is waiting for a pool cage. He explained his dilemma with his Contractor. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation and was issued a CONTINUANCE until the July 15,2005 Hearing. This will serve as Official Notice for the Respondent to re-appear, but is not required to appear. A STIPULATION can be given by the Officer at that time. The Respondent was ordered to pay Operational Costs in the amount of $140.39 incurred by Code Enforcement during the prosecution of this case upon compliance of the Violation. 23. & 24. Case #2005030218 & Case #2005030169 - BCC vs. Fabio & Dora BaQuero This hearing is requested by Code Enforcement Investigator Jack Fordham who is present. The Respondents are also present. Translating for them is Lisa Aviles. Violation(s): 2004-58 Sec. 7 & 04-41 as amended Sec. 2.01.00 Property being rented without Rental Registration & Inoperable/Unlicensed vehicle(s) parked on Residential Property Officer Fordham observed an unlicensed/inoperable vehicle on February 20, 2005 at which time he spoke with the renter. Two Notices of Violation were issued at 2733 55th Terrace SW. (Unlicensed vehicle and rental registration) Pictures were placed into evidence. Had a brief telephone conversation with the Respondent and attempted to make personal contact several times. The violations remain. The Respondent claims she only received one Notice of Violation 3-4 months ago. She is aware of the violation. The car was sold, but Respondent is not aware of the buyer's whereabouts. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to remove the vehicle or license the vehicle on or before July 8,2005 or afine of $50 per day will be imposedfore each day the violation remains thereafter. Respondent is also ordered to register the Property as Rental Property on or before July 8, 2005 or a fine of $50 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $197.75 in Case #2005030169 and Operational Costs in the amount of $215. 00 in Case # 2005030218 incurred by Code Enforcement during the prosecution of this case on or before August 1,2005. The Respondent was reminded of her right to appeal within 30 days and her responsibility of complying and/or paying the fines and Operational Costs or a lien can and will be placed on the property. 9 July 1, 2005 Break -11:25 AM Reconvened - 11 :37 AM 14. Case #2005020424 - BCC vs. Marie Micheline LaFrance This hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was present earlier but left before the hearing was heard. Violation(s): Ordinance 04-41 as amended Sec. 2.01.00 Vehicles parked without valid License Plates Officer Morad stated the violation has been abated and the Respondent stipulated to the Operational Costs. Finding the Notice of Hearing was properly served; andfillding the violatioll did exist, but was CORRECTED prior to the Hearing, Respolldent isfoulld GUILTY of the alleged violation and is ordered to pay Operational Costs in the amount of $188.00 incurred by Code Enforcement during the prosecutioll of this case on or before August 1,2005. 9. Case #2004100731- BCC vs. Advanced Merchandisin1!: Co.. Inc. This hearing was requested by Code Enforcement Investigator Andy Wuhrer who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Sec. 5.06 & 10.02.06 Un-permitted Pole/Ground SignlMiscellaneous Signs Officer Morad offered pictures into evidence and explained the violation. Extension of the color has extended the sign which is in violation. The Case started in October 2004. Colors ofthe fascia have been discussed with some corrections made. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation and is ordered to obtain proper permits and Certificate of Occupancy/Completion 011 or before July 15, 2005. Respondent is ordered to pay Operational Costs in the amoullt of $264.29 incurred by Code Enforcement durillg the prosecution of this case 011 or before July 15, 2005. 21. Case #2005040726 - BCC vs. Geor1!:e & Silfina St.Fleur This hearing was requested by Code Enforcement Investigator Jack Fordham who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Sec. 2.01.00 Inoperable/Unlicensed V ehicle( s) parked on Residential Property At 2073 55th Terrace SW Investigator Fordham served a Notice of Violation for an Inoperable/Unlicensed Vehicle. Other problems had existed on the property previously. After posting the Notice of Hearing on the property he was contacted by the Respondent and informed the vehicle was removed. Investigator Fordham met with the Respondent on June 26, 2005 in which a written statement was submitted by the Respondent and placed into evidence with the Special Master. The Respondent's statement indicated the 10 July 1, 2005 violation did occur and he had removed the vehicle. The Respondent agreed to pay the Operational Costs. Finding the Notice of Hearing was properly served, andfinding the violation did exist, but was corrected vrior to today's Hearing, Respondent is found GUILTY of the alleged Violation(s) and is ordered to pay Operational Costs in the amount of $201.20 incurred by Code Enforcement during the prosecution of this case on or before August 1, 2005. 22. Case #2005030725 - John B. LaFontaine & Nounnude Pierree This hearing was requested by Code Enforcement Investigator Jack Fordham who was present. The Respond was not present. Violation(s): Ordinance 04-41 as amended Sec. 2.01.00 InoperablelUnlicensed Vehicle(s) parked on Residential Property On 2327 50th Street SWan inoperable vehicle was observed with expired license plates. A Notice of Violation was issued to Ms. Nounnude Pierre on March 13, 2005. Pictures were placed into evidence. The Respondent was not cooperative. A pickup truck was also observed with altered license plates. This has been reported to the CCSO. The mailed citation was refused by the Respondent, Ms. Nounnude. The Notice of Hearing was personally served by Investigating Officer Fordham and on file. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to come into Compliance by July 8,2005 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. The Respondent is order to pay Operational Costs in the amount of $204.65 incurred by Code Enforcement during the prosecution of this case on or before July 8,2005. Investigator Fordham will post or deliver the Order on the property July 2, 2005. 3. Comments - None 4. Next Meeting Date - July 15,2005 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 11 :55 AM. ********** FOR THE COLLIER COUNTY SPECIAL MASTER Leonardo Bonanno, Secretary to the Special Master 11 ·__····~·_'__··__.__.'~,_,.,_,'..._H.