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Spec Master Minutes 11/28/2005 November 28, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, 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 at the Community Development and Environmental Services Building, Room 609, 2800 North Horseshoe Dr., Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson COUNTY STAFF PRESENT: Jason Bires Secretary to the Special Master 1 November 28, 2005 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 9:00 AM. All those testifying at these proceedings today did so under oath. B. Hearing Rules and Regulations were given by Special Master Garretson. BREAK FOR STIPULATIONS - 9:10 A.M. 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 9:20 A.M. 2. PUBLIC HEARINGS STIPULA TIONS 4. Case #SO 142756 - BCC vs. Glovia Willoul!hbv This Hearing was requested by the Respondent who was not present. The Sheriffs Officer Deputy Klinkman was present. Violation(s): Ordinance 130-67 Handicapped Parking A permit had been obtained. Finding the Notice of Hearing was properly served, the Citation was DISMISSED. 28. Case #2004100813 - BCC vs. Roberto Bollt c/o Tavlor Square Venture This Hearing was requested by the Respondent who was not present. The Respondent was represented by his Attorney Burt Saunders. Code Enforcement Supervisor David Scribner was also present. Violation(s): Ordinance 04-41 as amended Sec. 5.04.04 Utility BiIIing Business Conducted without Occupational License Attorney Saunders' stated the foIIowing stipulation: Violation does exist with no further violation after March 31, 2006. If there is a violation after that date, $150 a day will be assessed. The Respondent agreed to pay the Operational Costs. Code Enforcement Officer Jeff Letourneau read the Ordinance. Finding the Notice of Hearing was properly served, andfinding the violation did exist, Respondent is found GUlL TY of the alleged violation(s) and is ordered to cease all business operation activity at the Taylor Square Venture by March 31, 2006 or afine of $150 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $205.66 incurred by Code Enforcement during the prosecution oftltis case on or before December 18,2005. 2 November 28, 2005 15. Case #20050-70109 - BCC vs. Paul L. Justin This Hearing was requested by Code Enforcement Investigator Shawn Luedtke 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, 8 Litter and Debris on the Property Investigator Luedtke testified litter was found at 510 14th Street NE. A stipulation was agreed upon by the Respondent. Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to remove the litter and debris on or before December 5, 2005 or a fine of $200 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $200.84 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. 10. Case #2005080205 - BCC vs. Mal!dalene I. Bruce This hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was not present. Violation(s): Ordinance 92-80 & 97-35 Section 4.05.03 Failure to Remove Vehicle from Backyard Violation was found at 2710 48 Terrace SW. A stipulation was agreed upon by the Respondent Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s)and is ordered to register or remove all vehicles on or before December 3, 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 $180.20 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. STIPULATIONS ACCORDING TO AGENDA 1. Case #2004110790 - BCC vs. Ted Luo This Hearing was requested by Code Enforcement Officer Larry Schwartz who was present. The Respondent was not present. A stipulation was agreed upon by the Respondent. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to obtain a demolition permit and the structure be returned back to its original structure on or before January 28, 2006 or a fine of $250 per day will be imposed for each day the violation remains thereafter. 3 November 28, 2005 The Respondent is ordered to pay Operational Costs in the amount of $33 O.56 incurred by Code Enforcement during the prosecution of this case on or before January 28,2006. Respondent is to notifY the Investigator after the violation is abated. 2. Case #2005030468 - BCC vs. Ted Luo This Hearing was requested by Code Enforcement Investigator Baldwin. The Respondent was not present. A stipulation was agreed upon by the Respondent. Investigator Baldwin testified the stipulation was signed on the violation of the chicken coop in which no permits are on file. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged Violation(s) and is ordered to obtain a Demolition Permit and remove all debris on or before January 12,2006 or afine of$250 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $203. 91 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent will notifY the Investigator 24 hours of abatement. HEARINGS CONTINUED 1. Case #SO 141671 - BCC vs. Noelle J. Michaud This hearing was requested by the Respondent who was not present. The Sheriffs Officer Corp. Todd Davis was present. Violation(s): Ordinance 130-67 Handicapped Parking The Officer testified he found a vehicle in the VanderbiIt Beach turnaround parked in a Handicapped parking space with a placard belonging to the driver's grandmother. The two females were irritated with the Officer until the Officer told the driver of the violation. The driver is from Salem, MA. Finding the Notice of Hearing was properly served; the Respondent isfound GUILTY of the alleged violation(s) and is ordered to pay the fine of $250 on or before December 28, 2005. 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 December 28,2005. Special Master Garretson asked Jason Bires to record the above on the Respondents MA Drivers License ifpossible. 2. Case #SO 135654 - BCC vs. Elizabeth Herrera This hearing was requested by the Respondent who was present. The Sheriffs Officer Deputy McCleritten was not present. Violation(s): Ordinance 130-66 Parking across Spaces 4 November 28, 2005 Finding the Notice of Hearing was properly served, the Citation was DISMISSED. 3. Case # SO 152122 - BCC vs. Patricia K. Sullivan This hearing was requested by Respondent who was present. The Sheriffs Officer Deputy KeIIer was also present. Violation(s): Ordinance 130-67 Handicapped Parking The Respondent explained she had knee surgery and in the meantime her husband needed a prescription fiIIed. After not being able to find a parking space she parked in a Handicapped space. She forgot to place the placard in her vehicle and did not know she could not use her husband's placard. She had been asked by the Officer if she wanted a handicapped sticker in which she refused. The Officer explained if the Respondent would have gotten a handicapped placard she would not have had the violation and the case would have been dismissed. The case was CONTINUED until the January Hearing date which is to be determined. 5. Case # CE 2075 - BCC vs. Mark Middlebrook This hearing was requested by the Respondent who was present. The Respondent was represented by his Attorney. Code Enforcement Investigator Steve Athey was also present. Violation(s): Ordinance 130-66 Parking in Right of Way The Respondent's Attorney stated the County Deputy did not cite a County Ordinance or applicable State Statute. So consequently, the citation does not state the proper section that has been violated. This lacks jurisdiction to proceed. Investigator Athey read the State Statute is 1-3 Ordinance 8917 Section 130-66. Code Enforcement Supervisor, David Scribner stated the reference made was by the Code of Laws and Ordinances in Sub-Section "F" referring to any street or highway. The Attorney mentioned there is a section they intended to charge, but was not done accordingly. Special Master Garretson stated the citation was marked improperly. After a lengthy discussion the Special Master Garretson stated she cannot hear this case. It has to be taken to County Court. There is lack of jurisdiction to proceed. 24. 25. 26. 27. Case #'s 2005060363. 2005070302. 2005070300. and 2005090047 _ BCC vs. Diamond Shores Affordable Housinl! LLC. This hearing was requested by the Respondent who was present. David Steinberg is the owner of the units. 5 November 28, 2005 The Code Enforcement Investigator Jeff Letourneau was also present. Violation(s): Ordinance 04-58 Section 6 Minimum Housing Violations Investigator Letourneau stated this is a pending sale. A lot of FEMA trailers are being brought in to replace the old trailers. A stipulation was agreed upon by the Respondent on all four cases. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to abate all the minimum housing violations on or before December 5,2005 or afine of $250 per day will be imposed for each day the violation remains thereafter for each of the four cases. Respondent is ordered to pay Operational Costs in the amount of $167.03 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005 for three of the Cases with Case #2005090047 being $181.13. 6. Case #CE 1658 - BCC vs. Jefferv S. Dickerson This hearing was requested by Code Enforcement Investigator Chris Ambach who was present. The Respondent was also present. Violation(s): Ordinance 130-66 Parking in the ROW The Respondent explained he has a circular driveway, and did not understand he was in violation of parking in the right-of-way. He would like to have received a warning versus a ticket. He has been parking there for 6 years. Investigator Ambach received a complaint from a neighbor. Pictures were shown into evidence. Clarification of the Ordinance was given. Finding the Notice of Hearing was properly served, the Respondent is found NOT GUlLTY. 31. Case #2004120252 - BCC vs. Frances A. Oakes This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Section 5.03.04 Property used as Parking and Storage of Employee and Commercial Vehicles and Equipment The Commercial property owner, Oakes Farms, started the SDP process and hired an engineer. Pictures were shown of the area. A check was to have been submitted to CoIIier County. The Respondent stated they had been using the area for storage for 11 years. They brought the building in the area up to code previously. He did not realize there was a violation. They hired an engineer (Davidson Engineering) for the SDP. A check for $500 had been sent to Davidson Engineering. The check was returned from Davidson Engineering stating they may not have 6 November 28, 2005 time to take care of the case. In the meantime the Respondent had paid other funds to Davidson Engineering. After several meetings there has been no word back from the Engineer. Investigator Ybaceta explained the Respondent needs to finish the application for the SDP. Special Master Garretson asked the Respondent to check with the Building and Permitting Department on the status of the check and application for the SDP. This will be heard later in the Hearing. BREAK - 10:35 AM RECONVENED - 10:45 AM 7. Case #2004100207 - BCC vs. FRVG. LLC This Hearing was requested by Code Enforcement Investigator, Sherry Patterson, was present. The Respondent representing FRVG, LLC is James Vogal, Register Agent, was also present. Violation(s): Ordinance 04-41 as amended Section 10.02.06 Signs without permits. Investigator Patterson summarized the case was granted a continuance due to bankruptcy proceedings and continued litigation. A site visit was made on November 22, 2005 and found all violations remain. The Respondent's Registered Agent responded the debtor was to file their plan in November but a motion was filed to continue at the last minute. The deadline for the filing of their plan is February 21,2006. He has asked the signs be in compliance of which has not been done. The Case was CONTINUED until the December 16th Hearing. Jason Bires, Secretary to the Special Master, was asked to inquire of the County Attorney's Office what position Code Enforcement should take concerning the Bankruptcy Court. If clarification is needed, Special Master Garretson can be contacted by the Attorney's Office. 8. Case #2005060671 - BCC vs. Alphonse & Greta Bottino This hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondents were not present. Violation(s): Ordinance 04-58 Section 7 No Rental Registration The address of the violation is 410 Jerceena Drive, Diamond Shores. An evidence document folder was presented into evidence. The file was covered. There was no correspondence from the Respondent for a continuance. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violations and ordered to comply with the Ordinance and register the Rental Unit on or before December 5, 2005 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. 7 November 28, 2005 Respondent is ordered to pay Operational Costs in the amount of$257.11 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent will contact the Investigator to concur the violation has been abated. This will be addressed later in the Hearing as there has apparently been communication from the Respondent. 20. Case #2004090190 - BCC vs. Elam Orozco This hearing was requested by Code Enforcement Investigator John Santafemia who was present. The Respondent was also present. The Translator for the Respondent is Tatana Sammirom. Violation(s): Ordinance 04-41 as amended Section 10.02.06, Ordinance 01-01 Section 104.1.1 Garage Area Converted to Living Space without Permits. The property is in Golden Gate City. Pictures were shown as evidence by Investigator Santafemia. The Notice of Violation went unclaimed in December 2004. Permits were applied for but rejected by the Health Department. Permit has now expired. The septic tank was not large enough. The Respondent stated he bought the home a year ago, met with Wanda from the County, had the plans and discussed the electrical wiring contractor not contacting him further. He wiII convert the garage back to its original structure. Finding the Notice of Hearing was properly served, the Respondent is found GUlLTY of the alleged violation(s) and is ordered to obtain the proper permits necessary to convert the garage back to its original use on or before December 8, 2005 and complete the conversion or convert to storage use (which leaves the windows), with all appropriate permits and Certificate of Occupancy within 30 days (January 5,2006) 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 $252. 09 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. Respondent is to keep in contact with the Investigator. 8. Case #2005060671 - Alphonse & Greta Bottino Was discussed briefly and will address later in the Hearing. 30. Case #2005080077 - BCC vs. Homere & Janise Hvppolite This hearing is requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was also present. Violation(s): Ordinance 02-01 Section 101.4.9.2 Fence in Rear of Property Sprayed with Graffiti Paint 8 November 28, 2005 Address of violation is 2730 Pine Street. A complaint had been received concerning graffiti. Pictures were shown as evidence. Violation was abated on October 21,2005. The Respondent wished to have the Operational Costs dropped. The Respondent testified he took the letter to the tenant when it was received and had asked to have the graffiti taken care of. It had not been. The Respondent questioned the Operational Costs and they were explained to him by the Special Master. 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 amoullt of $167.47 incurred by Code Enforcement during the prosecution of this case on or before December 28,205. 8. Case #2005060671 - Alphonse & Greta Bottino In hearing the case earlier in the day, the Special Master was not aware the Respondent was asking for a Continuance. It was discovered there was communication with the Respondent and Code Enforcement Director Michelle Arnold. She had received a fax from the Respondent asking for a Continuance. The letter addressed to Michelle Arnold was then read into the record. The Investigator stated he had told the Respondent on July 8, 2005 his Registered Agent could register the rental for the $30 fee. This had been continued until November 1, 2005 of which was cancelled due to the Hurricane. He had not received any correspondence of a continuance at that time. This will be heard later when Ms. Arnold is available to testify. 32. Case #2005080870 - BCC vs. Caridad Morales This hearing was requested by Code Enforcement Investigator Everildo Ybaceta 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 1.04.01,2.01.00,4.05.03; Ordinance 04- 58 Section 7 Unlicensed/Inoperable VehicIes Parked on the Grass Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violatioll(s) and is ordered to move the vehicles to a stabilized surface, licensed and make operable on or before December 3, 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 $182.08 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent will contact the Investigator within 24 hours of a work days to concur the violation has been abated. 9 ".._,~-,--- November 28, 2005 33. Case #2005040594 - BCC vs. Terrv & Muehlhausen Larsen & Edwin & Crow Walsh This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 81-42 Section 1 Operating Garage Business without Operational License The Respondent has agreed to the Stipulation. Respondent did receive his Occupational License and has agreed to pay the Operational Costs. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED prior to today's Hearing, Respondent isfound guilty of the alleged violation(s) alld is ordered to pay Operational Costs in the amount of $211.34 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. 34. Case #2005051105 - BCC vs. Michael Stefan Rice 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 Section 2.01.00 House Boat Stored on Front of the Property The Respondent has removed all but one which is a boathouse. The Respondent agreed to the Stipulation. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violations and is ordered to store the boat house in the rear of the property, under a carport or remove on or before January 28, 2006 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$180.49 incurred by Code Enforcement during the prosecution of this case OIl or before December 28,2005. 37. Case #2005080944 - BCC vs. Christopher M. Greiff This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Storage of Recreational VehicIes and Trailer Parked on Side of House 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 relocate the recreational vehicle and trailer to the rear yard or remove them from the property on or before December 3,2005 or afine of$50 will be imposed for each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs in the amount of $152.29 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. 10 November 28, 2005 8. Case #2005060671 - BCC vs. Alphonse & Greta Bottino Michelle Arnold testified she had communication on Monday or Tuesday with Mr. Bottino. She stated he was upset that he did not receive a notice earlier. Discussion followed on posting of the property and when he receives his mail. She explained to him he could submit a letter but could not guarantee the outcome of the Hearing. The Special Master stated she is not changing her previous ruling and the Motion has been denied for a Continuance. 38. Case #2005081199 - BCC vs. Christopher Grieff This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed Vehicle Same as the previous case. Finding the Notice of Hearing was properly served, the Respondent is foulld GUlL TY of the alleged violations and is ordered to obtain and affIX a current license plate to the vehicles or store them ill an enclosed structure or remove them on or before December 3, 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 $152.29 incurred by Code Enforcemellt during the prosecution of this case OIl or before December 28,2005. 39. Case #2005090013 - BCC vs. Neim & Sebahat Malo This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed Vehicles 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 remove, store or get a current license plate for the vehicles on or before December 3, 2005 or a fine of $50 per day will be imposed for each day the violatioll remaills thereafter. Respondellt is ordered to pay Operational Costs in the amount 0 $165.26 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. 18. Case #2005020599 - BCC vs. Pershinl! Marie LLS & Russel Stahlman. Al!ent This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was not present. 11 November 28, 2005 Violation(s): 04-41 as amended Section 1.04.01, 5.02.03 Running Landscape Business without Occupational License The Respondent agreed to the Stipulation. The respondent is operating a business with agricultural zoned land without a SDP or SIP and has signed the Stipulation. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to apply for the Site Development Plan or Site Improvement Plan on or before February 28,2006 or afind 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 $216.80 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. Respondent will contact the Investigator for a site inspection and a copy of the plans for the Investigator's files. 41. Case #2005080446 - BCC vs. Brenda So to This hearing was requested by Code Enforcement Investigator Everildo Ybaceta 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 2.01.00,4.05.03 Unlicensed Vehic1e and Trailer Parked in Rear Yard Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to remove all the recreational vehicles from the property, register and make operable all unlicensed vehicles on or before December 3, 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 $162.85 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. Respondent will contact the Investigator to concur the violation has been abated on the next 11. Case #2005081021- BCC vs. Victor & Maria Hinoiosa 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 Prohibited Storage of Unlicensed Vehicle Investigator Luedtke gave the address of the violation as 22 I 6 41 st St. SE in Golden Gate City. Pictures were shown as evidence. Same violation was issued on February 2003 and remains as of November 15,2005. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to abate the violation on or before December 3, 2005 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. 12 '-- November 28, 2005 Respondent is ordered to pay Operational Costs in the amount of $158. 92 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. Respondent will contact the Investigator on the next working day to concur the violation has been abated. 12. Case #2005081023 - BCC vs. Roberto & Gloria Corneio This hearing was requested Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Prohibited Storage of Unlicensed Vehicle Investigator Luedtke testified there were prior notices (April 2005) with violation remaining as of November 15,2005. Finding the Notice of Hearillg was properly served; the Respondellt isfoulld GUlLTY of the alleged violations and is ordered to comply by obtaining a current licellse or removing the vehicles from the property on or before December 3, 2005 or a fine of $1 00 per day will be imposed for each day the violation remaills thereafter. Respondent is also ordered to pay a Civil Penalty of $200. Respondent is ordered to pay Operational Costs in the amount of$168.97 incurred by Code Enforcement during the prosecution of this case 011 or before December 28,2005. Respondent will contact the Investigator 011 the next working day to concur the violation has been abated. 13. Case #2005080939 - BCC vs. Mehta Rasiklal 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 1.04.01,2.02.03 Prohibited Storage of Unlicensed Vehicle on Commercial Property Investigator Luedtke testified the address is 23rd Ave. SW in Golden Gate City. Five buildings in a strip maIl with the parking lot owned by a different party. The Notice of Violation was posted on the property owner's home on November 15, 2005. A caII was received back from that address stating they did not know the person to whom the violation was addressed to. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to remove the vehicle(s) on or before December 3, 2005 or afine of$500 will be imposed. Respondent is ordered to pay Operational Costs in the amoullt of $175.54 incurred by Code Enforcemellt during the prosecution of this case 011 or before December 28,2005. If Respondent does not comply with abating the violatioll, the County will tow the vehicle off the Commercial property at tile owner's expense. The Respondent will contact the Investigator to concur the violation has been abated. 13 .""""~---'"'- November 28, 2005 16. Case #2005050878 - BCC vs. Eduardo & Luis Pereiro This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was not present. Violation(s): Ordinance 04-58 Section 7 No Rental Registration The violation has been posted, abated and after talking with the Respondent, he has agreed to pay Operational Costs. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED Drior to today's hearing, respondent is found guilty of the alleged violation(s) and is ordered to pay Operational Costs in the amount of$163.40 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. 17. Case #2005080392 - BCC vs. Rosemonde Germilus This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was not present. Violation(s): Ordinance 04-58 Section 6 Property Maintenance Violations Pictures were shown into evidence. A calI from the tenant was received on August 10, 2005 complaining about the numerous bees. The owner is in Miami, FL. Violation was mailed and hearing posted. Investigator Olney has not heard anything nor had anything been done to correct the violation. In inspecting the property last week, the bees have increased in population. Property is now vacant. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to abate the violation and obtain all proper permits, if they are required to comply on or before December 3, 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$174.82 incurred by Code Enforcement during the prosecution of this case 011 or before December 31,2005. Respondent will contact the Investigator to concur the violation has been abated. 18. Case #2005060585 - BCC vs. Elvis & Nara Truiillo Avalos This hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was not present. Violation(s): 01-27 section 2H Raising Elevation of Single Family Residence Lot Address is 4826 Devon Circle in which additional filI was added to the rear of the property subsequent to the construction of the property. Notice was mailed and signed on July 19,2005. Violation has been abated and Respondent understood and agreed to pay the Operational Costs. 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 14 November 28, 2005 violation(s) and is ordered to pay Operational Costs in the amount of $163.47 incurred by Code Enforcement durillg the prosecution of this case Oil or before December 28,2005. 21. Case #2005050872 - BCC vs. Sawl!rass Pines. LLC This hearing was requested by Code Enforcement Investigator John Santafemia who was present. The Respondent was not present. Violation(s): Ordinance 04-58 section 7 No Rental Registration The case began on May 2005 at the Summer Lakes Apartment Complex which had no rental registration. Citation had been served to a property manager and then an acting property manager. Finding the Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to Register each unit of the property on or before December 5, 2005 or a fine of $50 per unit, per day, will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs ill the amount of $176.56 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. Respondent will contact the Illvestigator to concur the violation has been abated. 22. Case #2005081095 - BCC vs. William M. Stonestreet This hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present. The Respondent was not present. Violation(s): 99-51 Section 7 & 8 Permitted Mobile Home has become Litter due to Lack of Upkeep A case had been heard previously concerning a weed situation. Special Master Garretson had asked Code Enforcement to check the property again concerning the Mobile Home. It was found the mobile home had violations with insect infestation and other issues making it of no value according to Investigator Letourneau. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to obtain a Demolition Permit and a Certificate of Completion in removing the mobile home and debris on or before December 28, 2005. Respondent is ordered to pay Operational Costs in the amount of $217.28 incurred by Code Enforcement durillg the prosecution of this case on or before December 28,2005. If the Respondent does not comply Collier County will remove the mobile home and charge the Respondent the cost of removal. Respondent is to contact the Investigator within 48 hours to concur the violation has been abated. 15 -"---- November 28, 2005 29. Case #2005070503 - BCC vs. Zonia Z & Julio Lambert TR. This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 99-51, Section 7 Litter and Debris on Property Investigator Ybaceta explained there was a complaint from the neighbors concerning the debris left fÌ'om re-roofing a structure. Pictures were shown for evidence. The address is 3508 Cherokee. The property had been posted. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to remove the litter and debris from the property and any vehicles retained must be stored within tile Ordinance on or before December 28, 2005 or a fine of $1 00 per day will be imposed for each day the violation remains tllereafter. Respondent is ordered to pay Operational Costs in the amount of $169. 14 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent is to notifY the Investigator within 24 hours to concur the violation has been abated. If not abated by January 12, 2006 the County is ordered to abate the violations and charge the costs back to the Respondent. The fines will cease upon the County abating the violations. 31. CASE #2004120252 Mr. Oakes is stiIl researching the file. Investigator Ybaceta recommended a continuance. Tile Case was CONTINUED until the December 16, 2005 Hearing. 35. Case #2005090887 - BCC vs. Louise Loresti & Montiiller Calixtte. Est. This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondents were not present. Violation(s): Ordinance 04-41 as amended Section 1.04.01, 2.01.00, 4.05.03 Unlicensed/Inoperable Vehicles Parked on the Grass. A complaint had been received concerning vehicles parked on the grass in front of property. Pictures were taken. Notice was signed and posted. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to make vehicles operable, by parking on improved stabilized surfaces and/or registering all unlicensed vehicles on or before December 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 $169.83 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent is to notifY the Investigator within 24 hours to concur the violation has been abated. 16 November 28, 2005 36. Case #2205081087 - BCC vs. Robert A. Mitchell This hearing was requested by Code Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Boat Parked on Side of House A complaint was received on August 24, 2005 and issues a Notice of Violation on August 31, 2005. Findillg the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to move the boat to the rear yard or remove from the property by December 3,2005 or afine of$100 per day will be imposedfor each day the violatioll 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 December 28,2005. The Respondent will notify the Investigator within 24 hours of a work day to concur the violation has been abated. 40. Case #2005080950 - BCC vs. John and Joan Coffman This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): 04-41 as amended Section 2.01.00 Boat Parked on Side of House A complaint was received on August 24,2005 and posted on November 2005. A call had been received fTom the owner by the Code Enforcement Department but had never contacted Investigator Jackson. The property is in Poinciana Village. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to remove the boat to the rear yard, under a carport, inside an enclosed structure or remove from the property on or before December 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 $158 incurred by Code Enforcement during the prosecution of this case on or before December 28,2005. The Respondent is to notifY the Investigator within 24 hours of a work day to concur the violation has been abated. 3. COMMENTS - None 4. NEXT MEETING DATE December 16, 2005 17 November 28, 2005 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 12:55 PM. FOR THE COLLIER COUNTY SPECIAL MASTER Secretary to the Special Master, Jason Bires 18