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Spec Master Minutes 07/15/2005 July 15, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, July 15, 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 15, 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 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 CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES 2. PUBLIC HEARINGS A. MOTIONS 1. Request for a Reduction of Fines a. BCC vs. Kenneth Lanigan b. BCC vs. Omar Medrano CO 2004060817 2005030931 2. Motion for Order a. BCC vs. George & Elizabeth Syrovy 2004080900 b. BCC vs. Daniel & Desiree Hope 2005040598 B. HEARINGS 1. CASE NO: SO 144783 OWNER: POEMA MARTINEZ OFFICER: DEP. KELLER VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING 2. CASE NO: SO 140277 OWNER: DA WN E. BOBA Y OFFICER: DEP. BOYLAN VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING 3. CASE NO: SO 110844 OWNER: SUSAN PHILLIPS OFFICER: DEP. SPARACINO VIOLATIONS: SEe. 5, EXCEPT I-H PARKING VIOLATION ~'-"'" +,""--~- 4. CASE NO: CE 0626 OWNER: FRANK LEO OFFICER: ROBERT CRUZ VIOLATIONS: ORD. SEe. 130-66 PARKING IN RIGHT OF WAY 5. CASE NO: 2004090845 OWNER: EDWIN WATTS GOLF, LLC OFFICER: ANDY WUHRER VIOLATIONS: ORD.04-41 AS AMENDED SEe. 5.06,10.02.06 SIGN CHANGE ON COMM. PROPERTY W/O PERMIT 6. CASE NO: 2004100730 OWNER: ALFRED & MIRADlS MIRALLES OFFICER: ANDY WUHRER VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 5.06,10.02.06 ILLEGAL WALL SIGNS W/O PERMITS 7. CASE NO: 2005020745 OWNER: JOHN e. EMERY OFFICER: SONDRA DINICOLA VIOLA TIONS: ORD. 04-41 AS AMENDED SEe. 10.02.06 SCREEN ENCLOSURE, EXPIRED PERMIT 8. CASE NO: 2004110643 OWNER: FIFTH THIRD TRUST CO. & SAVINGS BANK OFFICER: ROBERT CRUZ VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 5.06,10.02.06 POLE SIGN/PERMIT CANCELLED IN 1999 9. CASE NO: 2005050531 OWNER: ARTHUR MOORE OFFICER: JOSEPH THOMPSON VIOLATIONS: ORD. 99-51 SEe. 6, 7 LITTER 10. CASE NO: 2005060071 OWNER: FELICIANO & SOFIA MARTINEZ OFFICER: JOSEPH THOMPSON VIOLA TIONS: ORD. 99-51 SEC 6, 7,8 CONSTRUCTION DEBRIS 11. CASE NO: OWNER: OFFICER: 2005060116 CARLOS PEREZ & SAlLY FUENTES JOSEPH THOMPSON VIOLATIONS: ORD. 99-51 SEe. 6, 7 CONSTRUCTION MATERIALS SCATTERED ON PROPERTY 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 14. CASE NO: OWNER: OFFICER: VIOLA TIONS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: 19. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2005031306 JOSE ORTEGA EVERILDO YBACETA ORD. 04-41 AS AMENDED SEC 1.04.01,2.01.00,4.05.03 STORAGE OF MULTIPLE UNLICENSED/INOPERABLE VEHICLES 2005031307 JOE ORTEGA EVERILDO YBACETA ORD. 99-51 SEe. 7 LITTER 2005040514 JOSE ORTEGA EVERILDO YBACET A ORD. 99-51 SEe. 7 LITTER 2005030962 GARY & DONNA CURTIS EVERILDO YBACET A ORD. 04-41 AS AMENDED SEC 1.04.01,2.01.00 TRAILERED BOAT IN FRONT YARD 2005010967 NIKO GLINOS SHA WN LUEDTKE ORD. 99-51 SEe. 6, 7, 8 LITTER 2005030853 NIKO GLINOS SHAWN LUEDTKE ORD. 04-41 AS AMENDED SEe. 1.04.01,2.02.03,2.01.00 INOPERABLE COMMERCIAL VEHICLE PARKED/STORED ON PROPERTY 2005050025 NEVIN & CHARLA MCLERAN SHAWN LUEDTKE ORD. 04-58 SEe. 7 FAILURE TO OBTAIN CURRENT RENTAL REGISTRATION 2005030823 THELMA NOVELO SHAWN LUEDTKE ORD. 2004-58 SEC. 6 INTERIOR WATER DAMAGE, WINDOWS CRACKED/MISSING/SEALED 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: 27. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 2003071323 PAUL-MICHAEL J. CONROY SHAWN LUEDTKE ORD. 04-41 AS AMENDED SEe. 2.01.00 PARKING/STORING OF UNLICENSED/INOPERABLE VEHICLE ON PROPERTY 2005030403 RAYMOND PIERRE SHAWN LUEDTKE ORD. 04-41 AS AMENDED SEe. 1.04.01,2.02.03,2.01.00 PARKING/STORING OF UNLICENSED/INOPERABLE VEHICLE ON PROPERTY 2005030065 ARC III, LLC JOHN OLNEY ORD. 04-41 AS AMENDED SEe. 10.02.06; ORD. 02-01 SEe. 104.1.1, 105.5, 106.3.1 CARPORT ENCLOSURE W/O PERMIT 2005040072 CHARLES & CARRIE NEWMAN JOHN OLNEY ORD. 04-41 AS AMENDED SEe. 4.05.03 PARKING ON FRONT LAWN 2005041113 JOHN A. MCELWAIN JOHN OLNEY ORD. 04-41 AS AMENDED SEe. 2.02.03 STORAGE OF UNLICENSED VEHICLES ON AGRICULTURAL PROPERTY 2005031112 BALDRIDGE REAL ESTATE INC JOHN OLNEY ORD. 04-58 SEC. 16, 17 NON-RESIDENTIAL PROPERTY MAINTENANCE 2005050589 SAMUEL MENA & SANTA E. BELTRAN ROBERT MANGIANTE ORD. 04-41 AS AMENDED SEe. 10.02.06; ORD. 02-01 SEe. 104.5.1.4 FAILURE TO OBTAIN CERTIFICATE OF COMPLETION 2005041029 ROBERT L. SCHMECKPEPPER, TR. ROBERT MANGIANTE ORD. 99-51 SEe. 11 WEEDS IN EXCESS OF 18" 4. NEXT MEETING DATE AUGUST 5, 2005 5. ADJOURN July 15, 2005 1. Call to Order A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:50 AM. B. Hearing Rules & Procedures were given by Leonardo Bonanno, Secretary to the Special Master. BREAK FOR STIPULATIONS - 8:53 AM Special Master Garretson gave the Respondents an opportunity to speak with their Investigating Officer before conducting the Hearing for a Resolution by stipulation; looking for Compliance without being punitive. RECONVENED - 9:12 AM STIPULATIONS 7. Case #2005020745 - BCC vs. John C. Emerv This hearing was requested by Code Enforcement Investigator Sondra Dinicola who was present. The Respondent was present earlier and agreed to the stipulation, but left before the hearing was heard. Violation(s): Ordinance 04-41 as amended Section 10.02.06 Screen Enclosure, Expired Permit Investigator Dinicola testified a Notice of Violation was sent on February 16,2005 which was returned unclaimed. Notice of Hearing was received on July 5, 2005 at which time the Respondent applied for the permit on July 7, 2005. Inspection was completed on July 8,2005 with the Certificate of Compliance on July 11,2005. The respondent accepted the stipulation. Finding the Notice of Hearing was properly served, andfinding 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 $161.51 incurred by Code Enforcement during the prosecution of this case on or before August 15, 2005. 16. Case #2005010967 - BCC vs. Niko Glinos (Pulled from the Agenda) 17. Case #2005030853 - BCC vs. Niko Glinos This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended, Section 1.04.01, 2.02.03, 2.01.00 Inoperable Commercial Vehicle Parked/stored on property. 2 July 15, 2005 A large green box trailer is still on site being in violation. The Respondent agreed to the stipulation. 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 removing the vehicles on or before July 29, 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 $142. 16 incurred by Code Enforcement during the prosecution of this case on or before July 29,2005. The Respondent is to notify the Investigator when the violation has been abated. 22. Case #2005030065 - BCC vs. ARC III, LLC This hearing was requested by Code Enforcement Investigator John Olney who was present. Mr. Christopher Davies, Attorney, appearing for the Respondent was also present. Violation(s): Ordinance 04-41 as amended Section 10.02.06, Ordinance 02.01., Section 104.1.1, 105.5, 106.3.1 Carport and Enclosure without Permit. Mr. Davies agreed the violation exists and agreed to the stipulation. Mr. Davies stated they have issued a Notice of Violation to the tenant. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to abate all violations on or before September 15, 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 $168.25 incurred by Code Enforcement during the prosecution of this case on or before September 15, 2005. The Respondent is to notify the Investigator when the violation has been abated. 24. Case # 2005041113 - BCC vs. John A. McElwain This hearing was requested by Code Enforcement Investigator John Olney who was present. The respondent was present earlier and agreed to the stipulation, but left before the hearing was heard. Violation(s): Ordinance 04-41 as amended Section 2.02.03 Storage of Unlicensed Vehicles on Agriculture zoned property. The Respondent admitted guilt and agreed to the stipulation. The property is under water making it difficult to comply at the present time. 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 removing all the 3 July 15, 2005 debris and unlicensed vehicles on or before November 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 in the amount of$174.B2 incurred by Code Enforcement during the prosecution of this case on or before August 15, 2005. Respondent is to contact the Investigating Officer when compliance has occurred. 8. Case #2004110643 - BCC vs. Fifth Third Trust Co. & Savinl!s Bank This hearing was requested by Code Enforcement Investigator Mr. Snoderly who was present. Bill Kelly - Bank Officer, appearing for the Respondent was present. Violation(s): Ordinance 04-41-as amended Section 5.06, 10.02,06 Pole sign/Permit cancelled in 1999. Pictures were offered into evidence for the 5086 Airport Road N. address. Valid permits are needed. Mr. Kelly has agreed to the stipulation. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to comply either by applying for the proper permit or apply for the Demolition permit on or before August 30, 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$20B.01 incurred by Code Enforcement during the prosecution of this case on or before August 30,2005. 27. Case #2005041029 - BCC vs. Robert L. Schmeckpepper, TR. This hearing was requested by Code Enforcement Investigator Robert Mangiante who was present. The Respondent was not present Violation(s): Ordinance 99-51 Section 11 Weeds in excess of 18". The Respondent admitted guilt and agreed to the stipulation by fax. Secretary to the Special Master Leo Bonanno stated the fine and Operational Costs have been paid. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and ordered a $500 fine be assessed which has been accepted and paid. The Operational Costs of $160.03 were assessed and has been accepted as paid. 26. Case #2005050589 - BCC vs. Samuel Mena & Santa E. Beltran This hearing was requested by Code Enforcement Investigator Robert Mangiante who was present. The Respondent( s) were present. 4 July 15, 2005 Violation(s): Ordinance 04-41 as amended Section 10.02.06, Ordinance 02-01 Section 104.5.1.4 Failure to obtain Certificate of Completion. The Respondent agreed to the stipulation of a $250 Re-current fee and will destroy the fence and chicken coop along with all fines and costs. He will also obtain the proper permits. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and assessed a $250 fine to be paid on or before August 15, 2005 or afine of$50 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $152.70 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. Respondent is required to notify the Investigating Officer when the violation has been abated. 15. Case # 2005030962 - BCC vs. Gary & Donna Curtis This hearing was requested by Code Enforcement Investigator E. Ybaceta who was present. The Respondents were not present. Violation(s): Ordinance 04-41 as amended Section 1.04.01,2.01.00 Trailered Boat in front yard. March 23, 2005 Notice of Violation was given for a boat parked in the front yard and has come into compliance on July 7,2005. Respondent is out of town and agreed to the stipulation. 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 $152.13 incurred by Code Enforcement durillg the prosecution of this case on or before August 15, 2005. 9. Case # 2005050531- BCC vs. Arthur Moore This hearing was requested by Code Enforcement Investigator Joseph Thompson who was present. The Respondent was present earlier with his tenant and agreed to the stipulation, but left before the Hearing was heard. Violation(s): Ordinance 99-51, Section 6, 7 Litter The Respondent admitted he was guilty and agreed to the stipulation. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to bring the property into compliance on or 5 July 15, 2005 before July 21,2005 or a fine of $50 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $169.42 incurred by Code Enforcement during the prosecution of this case on or before July 21,2005. The Respondent is required to notijÿ the Investigator when the violation has been abated. 11. Case #2005060116 - BCC vs. Carlos Perez & Sailv Fuentes This hearing was requested by Code Enforcement Investigator Joseph Thompson who was present. The Respondent was present earlier and agreed to the stipulation, but left before the Hearing was heard. Violation(s): Ordinance 99-51, Section 6, 7 Construction materials scattered on Property. Respondent admitted guilt and agreed to the stipulation. 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 $157.14 incurred by Code Enforcement during the prosecution of this case on or before August 15, 2005. 6. Case # 2004100730 - BCC vs. Alfred (Father) & Miradis (Son) Miralles This hearing is requested by Code Enforcement Investigator Andy Wuhrer who was present. The Respondents were present. Miradis Miralles translated for his father, Alfred Miralles. Violation(s): Ordinance 04-41 as amended Section 5.06, 10.02.06 Illegal wall signs without permits. All signs have been removed except one which is being permitted at this time. The address is First Street in Immokalee. The Respondents have agreed to the stipulation. Finding the Notice of Hearing was properly served, the Respondents are found GUILTY of all alleged violation(s) and is ordered that the property be brought into compliance with proper permits obtained on or before August 5,2005 or afine of$50 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs ill the amount of$261.53 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. The Respondent is required to notijÿ the Investigator when the violation is abated. 2. PUBLIC HEARINGS B. HEARINGS 6 July 15, 2005 3. Case # SO 11084 - BCC vs. Susan Phillips This hearing was requested by the Respondent who was present. The Sheriffs Officer Deputy Sparacino was also present. Violation(s): Section 5, Except 1-$ Parking Violation The Officer testified on June 5, 2005 a tan Lincoln was parked on the side of Vanderbilt Beach Road. A Citation was issued. Changes have occurred in the area in the past few days since the violation. Signs were visible prior to construction west of the Ritz Carlton. 50 tickets were issued that day. Pictures were offered into evidence by the Respondent. The Respondent stated there are no signs between the parking lot and the entrance to the Ritz Carleton. It is a grassy area without sidewalks. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and ordered to pay the fine of $30. Respondent is ordered to pay Operational Costs in the amount of $50 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. A. MOTIONS 1. Request for Reduction of Fines a. BCC vs. Kenneth Laniean - Case CO #2004060817 This hearing was requested by the Respondent who was present. The Code Enforcement Investigator John Olney was also present. The Respondent paid the Contractor in January for the fence which was installed in April. He had a temporary fence until the permanent one was installed and had contacted the Investigator. He is asking the Special Master that he not pay the daily fine incurred. Investigator Olney agreed with the Respondents remarks and had been shown the Documents and signed Contracts. The Respondent did try to comply according to the Documents. Investigator Olney had no problem with litigating the fines. The Respondent did not contact the Investigator at the time the fines were to commence. The Respondent had contacted an Attorney and did not attend the Hearing before the Special Master on advice of his Attorney at which time he put up the temporary fence. The Hearing before the Special Master was heard on February 7, 2005 in which the Respondent was to comply by March 3, 2005. The Respondent's fines were reduced to $1,600. Respondent is still ordered to pay Operational Costs in the amount of $138. 65 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. 7 July 15, 2005 b. BCC vs. Omar Medrano - Case #2005030931 This hearing was requested by the Respondent who was present. Investigator Ybaceta was the translator for the Respondent. Code Enforcement Investigator Robert Magiante was also present. Mr. Bonanno stated the case was heard under the name of Victoria Uber on May 6, 2005. Mr. Medrano purchased the property in November 2004 with the Tax Collector and Property Appraiser still showing Victoria Uber as the owner. The Respondent has a lien on his home with $5,700 in fines and $116.69 which is holding up a refinancing. Respondent is now in compliance Investigator Magiante testified the Respondent took care of all violations, fines and liens 5 days after Notification. The Respondent testified the property was bought in November from Victoria Uber through a Realtor. Case was DISMISSED. 2. Motion for Order a. Bee vs. Geor!!e & Elizabeth Svrovv - Case # 2004080900 Code Enforcement Investigator John Olney was present. The Respondent was not present. This case was heard at the last Hearing regarding a rental registration violation. Special Master Garretson had ordered the Respondent provide a letter to Mr. Bonanno from his registered agent informing of their policies notifying customers of the requirements. Mr. Bonanno received an email from the Respondent stating his registered agent was not cooperating. Mr. Bonanno spoke with Resort Quest (registered agent) informing them of the Order. A fax was then received from them. The fines total $1,110. Respondent is ordered to pay $555.00 on or before August 15,2005. b. BCC vs. Daniel & Desiree Hope - Case # 2005040598 Code Enforcement Investigator Carol Sykora was present. The Respondent was not present. Special Master had found the Respondent Guilty but needed to set a deadline and fines at this Hearing. The Respondent paid the Operational Costs. Investigator Sykora testified the pool had an expired permit without a barrier around the pool. The permit has been applied for since the last Hearing and the 8 July 15, 2005 permit for the screen enclosure has been issued. The Respondent has been in constant contact with the Investigator. The Respondent was found GUILTY previously and waived his right to appear at today's Hearing. The Respondent is ordered to comply with obtaining a Certificate of Occupancy/Completion on or before September 15, 2005 or a fine of $50 per day will be imposed for each day the violation remains thereafter. BREAK-I0:45 AM RECONVENED - 10:55 AM HEARINGS 5. Case # 20004090845 - BCC vs. Edwin Watts Golf. LLC This hearing was requested by Code Enforcement Investigator Andy Wuhrer who was present. Paul Hoedenman, Chief Financial Officer, appeared for the Respondent. Violation(s): Ordinance 04-41 as amended Section 5.06, 10.02.06 Sign change on Commercial Property without a Permit Investigator Wuhrer gave a brief history of the damaged sign - corrected on Oct 21, 2004. Pictures were shown of the damaged and corrected sign. An illegal sign was installed. He gave them time to replace the sign but it took a number of months to accomplish this before the original sign was installed. Mr. Hoedenman stated they ordered the sign immediately and due to the hurricanes, it took several months. He questioned the Ordinance on the time limit. (It was noted the Ordinance does state a 60 day timeframe) They now have the same sign and are in compliance. Special Master Garretson reviewed a package submitted by Todd Pressman on behalf of Edwin Watts Golf in which the argument of Code Enforcement exceeded their authority in interpreting Ordinances. Mr. Hoedenman stated it should have gone to Board of Zoning Appeals first. **Note - The Board of Zoning Appeals deals with incorrect zoning issues. Finding the Notice of Hearing was properly served; the Respondent is found guilty of the alleged violation(s) and is ordered to pay a $500 fine on or before August 15, 2005. The Respondent is ordered to pay Operational Costs in the amount of $98. 50 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. According to the Special Master, this case is not to set precedence. This is a unique set of circumstances due to the hurricanes in 2004. There were misunderstandings that occurred between staff and the Respondent that the sign changes that occurred were not violating the Ordinance and the sign has been reinstated to its original state. Compliance has been obtained as the Ordinance states, and no further action for compliance is required. 9 July 15, 2005 21. Case #2005030403 - BCC vs. Ravmond Pierre This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was also present. Violation(s): 04-41 as amended Section 1.04.01,2.02.03,2.01.00 Parking/Storing Unlicensed/Inoperable Vehicle Investigator Luedtke testified as of yesterday one vehicle remains on site at 4440 19th Ave. SW. Previously there had been 3 vehicles. Initial violation was on March 10,2005. Respondent stated the owner of the home rents from him. If the vehicle is not removed he will have it towed or stored. 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 on or before July 22, 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 amoullt of $175.54 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. Respondent is to contact the Investigating Officer when the violation has been abated. 1. Case #SO 144783 - Bee vs. Poema Martinez This hearing was requested by the Respondent who waived their right to a Hearing. 2. Case # SO 140277 - BCC vs. Dawn E. Bobav This hearing was requested by the Respondent who waived their right to a Hearing. 4. Case #CE 0626 - BCC vs. Frank Leo The hearing was requested by the Respondent who was not present. This hearing was requested by the Code Enforcement Investigator Travis Snoderly who was present. Violation(s): Ordinance 130-66 Parking in the Right-of-Way On November 24, 2004 a vehicle was observed parked in the County right-of-way at the SW corner of Santa Barbara and Cedar Tree Lane. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to pay afine of$30 on or before August 15,2005. Respondent is ordered to pay Operational Costs in the amount of$50 incurred by Code Enforcement during the prosecution of this case Oil or before August 15,2005. 10. Case #2005060071- BCC vs. Feliciano & Sofia Matinez This hearing was requested by Code Enforcement Investigator Joseph Thompson who was present. The Respondent( s) were not present. 10 July 15, 2005 Violation(s): Ordinance 99-51- Section 6,7,8 Construction Debris Litter was observed at 5297 Dixie Drive, Naples Manor - property is under construction with no activity. Notice was posted. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to comply by removing the litter on or before July 21, 2005 or afine of $50 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of$157.14 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. 12.13. & 14. Case's # 2005031106. 2005031307 & 2005040514 - BCC vs. Jose Orte2a This hearing was requested by Code Enforcement Investigator E. Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 1.04,01,2.01.00,4.05.03 and 99-51 Section 7 Storage of multiple unlicensed /inoperable vehicles and Litter. The above violation(s) were found on Karen Drive on March 30, 2005. He came into compliance a few days ago in the removal of the vehicles. Finding the Hearing of Notice was properly served; the Respondent is found GUILTY of the alleged violations for Case's #2005031306 & Case #2005031307. Finding the violation did exist in Case #2005031306, but was CORRECTED prior to today's hearing, he is ordered to pay a $250 fine. Respondent is ordered to pay Operational Costs in the amount of$157.80 incurred by Code Enforcement during the prosecution of this case on or before August 30,2005. In Case #2005031307 finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is required to remove the remaining litter on or before August 30, 2005. Respondent is ordered to pay Operational Costs in the amount of$157.80 incurred by Code Enforcement during the prosecution of this case on or before August 30,2005. (Both above cases are related to 3085 Karen Drive) In Case #2005040514 finding the Notice of Hearing was properly served, the Respondent is found Guilty of the alleged violation(s) and is required to remove all the litter on or before August 30, 2005. The Respondent is ordered to pay Operational Costs in the amount of$152.13 incurred by Code Enforcement during the prosecution of this case on or before August 30,2005. (In both cases if the litter is not removed by August 30,2005 Code Enforcement has the right to remove the litter on his behalf and charge the costs to the Respondent and place a lien on his property. The Respondent is to notify the Investigating Officer when the violations have been abated. 18. Case #2005050025 - BCC vs. Nevin & Charla McLeran This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. 11 July 15, 2005 The Respondent was not present. Violation(s): Ordinance 04-58 Section 7 Failure to obtain current Rental Registration It was found 1260 9th street SW was a rental property without a rental registration. Last day violation remained was on July 14, 2005. Property was posted. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to comply on or before July 21, 2005 or a fine of $50 a day will be imposed for each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs in the amount of$142.16 incurred by Code Enforcement during the prosecution of this case on or before August 15, 2005. The Respondent was required to notifY the Investigating Officer when the violation is abated. 19. Case #2005030823 - BCC vs. Thelma Novelo This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was not present. Violation(s): Ordinance 2004-58 Section 6 Interior Water Damage, Window CrackedlMissingiSealed On March 18, 2005 Investigator Luedtke responded to a complaint at 2217 44th Street SW by the tenant of the above violations. Pictures were offered into evidence. The Rental Agent for the property was notified. (Mr. Patrick Boland) Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to bring into compliance by obtaining the proper permits, making the necessary repairs and obtaining a Certificate of Occupancy on or before August 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$179.01 incurred by Code Enforcement during the prosecution of this case on or before August 15, 2005. The Respondent will notifY the Investigating Officer when the violation has been abated and in compliance. 20. Case #2003071323 - BCC vs. Paul-Michael J. Conroy This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Parking/Storing of Inoperable Vehicle on Property On May 18,2005 Investigator Luedtke received a complaint for unlicensed and inoperable vehicles at 4449 19th Place SW. Pictures were offered into evidence. Respondent had been served in the past for the same violation. 12 July 15, 2005 Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to comply on or before July 21,2005 or afine of $100 per day will be imposed for each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs ill the amount of$165.49 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. The Respondent is required to notify the Investigating Officer when the violation has been abated. 23. Case # 2005040072 - BCC vs. Charles & Carrie Newman This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondents were not present. Violation(s): 04-41 as amended Section 4.05.03 Parking on front lawn Notice of the Hearing was done by posting. On AprilS, 2005 Investigator Olney observed a vehicle illegally parked with 6 additional violations observed since that date. The last day the violation remained was on July 14,2005. (Cortez Circle) Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY of the alleged violation(s) and is ordered to comply by refraining from parking on the front lawn and removes any vehicles immediately, or a fine of $150 will be imposed for each day the violation occurs thereafter. An immediate civil penalty of $150 was also imposed. Respondent is ordered to pay Operational Costs in the amount of $170.73 incurred by Code Enforcement during the prosecution of this case on or before August 15,2005. The Respondent is required to notify the Investigating Officer when the violation has been abated. 25. Case #2005031112 - Bee vs. Baldride:e Real Estate Inc. This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was not present. Violation(s): 04-58 Section 16, 17 Non-Residential Property Maintenance A violation was observed on March 25,2005 for a Mobil gas Station on East Tamiami Trail. Notice of Violation was mailed to the owners Registered Agent and signed on April 6, 2005. It can be brought up to current code or demolished. A demolition permit has been ready for pick-up since May 31,2005. Investigator Olney received a call from Attorney J. Randall Parham, of Bloomfield, Caplen and Sandweiss in St. Louis and exchanged emails in regards to a stipulation which has not been consummated. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to comply by obtaining a Demolition Permit, demolishing the structure(s) and obtaining a Certificate of Completion on or before August 12, 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$186.16 incurred by Code Enforcement during the prosecution of this case on or before August 12,2005. Respondent is also ordered to contact Investigator Olney when showing compliance or he can request an extension. 13 July 15, 2005 3. COMMENTS - none 4. NEXT MEETING DATE August 5, 2005 There being no further business for the good of the County, the Hearing was adjourned by order ofthe Special Master at 12:11 PM. FOR THE COLLIER COUNTY SPECIAL MASTER Leonardo Bonanno, Secretary to the Special Master 14