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Spec Master Minutes 12/16/2005 December 16, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, December 16,2006 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 Page 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: December 16,2005 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 rs MADE, WHrCH RECORD rNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL rs TO BE BASED. NEfTHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSfBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER 2. PUBLIC HEARINGS A. STIPULA TIONS A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES 1. BCC vs. Duane Billington B. MOTIONS 2005060279 1. Request for a Reduction of Fines A. BCC vs. Ginger Gandy C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005080097 CE 2503 - 8:45 OSCAR J PINEDA MANGIANTE ORD. SEe. 130-66 PARKING IN THE RIGHT OF WAY CE 1663 - 9:00 RICHARD & HELEN BOULAY AMBACH ORD. SEe. 130-67 HANDICAPPED PARKING CE 2451 - 9:00 RA Y E NUGENT MARTINDALE ORD. SEe. 130-66 PARKING IN THE RIGHT OF WAY 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: 5.CASE NO: OWNER: OFFICER: VIOLA TIONS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005090241 - 9:15 JAIRO BETANCOURT SANT AFEMIA 04-41 AS AMENDED SEe. 5.03.02 FENCE IN DISREPAIR AND COLLAPSING 2005050140 - 9:15 FRANCIS A OAKES JR PATTERSON ORD. 04-41 AS AMENDED SEe. 10.02.06 POLE SIGN WITHOUT PERMIT 2005061074 - 9:30 L YJAC PROPERTIES, LLC PATTERSON 04-41 AS AMENDED SEe. 10.02.06 POLE SIGN ALTERED WITHOUT FIRST OBTAINING PERMITS 2004100746 - 9:30 POMPILIO LABRA SEGURA ORD. 04-41 AS AMENDED SEe. 3.05.01 PROPERTY CLEARED OF VEGETATION WITHOUT PERMITS 2005090266 - 9:45 SABASSANCHEZ FORDHAM ORD. 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLES PARKED ON PROPERTY 2005061003 - 9:45 JEAN LOUIS & ADELE GILLES FORDHAM ORD. 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLES PARKED ON PROPERTY 2004110303 - 10:00 JOSE L GONZALEZ SYKORA ORD. 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLE PARKED ON PROPERTY 2005081030 - 10:00 TIMOTHY JAMES DAVID ENGLAND YBACETA ORD. 04-41 AS AMENDED SEe. 10.02.06; 02-01 SEe. 104.1.1, 104.1.3.5 UNPERMITTED SHED TYPE STRUCTURE IN REAR OF PROPERTY 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: VIOLA TIONS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005040764 - 10:00 BFS RETAIL & COMMERCIAL OPERATION, LLC SNODERLY ORD. 04-41 AS AMENDED SEe. 5.04.05,10.02.06 POLE SIGN, WALL SIGN & BANNERS, TIRE WRAPS, TENT WITHOUT PERMITS 2005040921 -10:15 ASHL Y & DENISE I GILKESON MANGIANTE ORD. 04-41 AS AMENDED SEe. 10.02.06 STORAGE BARN CONVERTED INTO LIVING SPACE WITHOUT PERMITS 2005010545 -10:15 ANTONIO & OLGA RESENDEZ VASQUEZ PEREZ ORD. 02-01 SEe. 106.1.2 NO CERTIFICATE OF OCCUPANCY OBTAINED FOR PERMITS 2004120856 -10:15 MARY LEE MORRIS PETRULLI SUPERVISOR PETRULLI IS REQUESTING ALL ACTIONS BE DISMISSED 2005090981 -10:30 ALJO INC LETOURNEAU ORD. 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY 2005090435 - 10:30 ALJO INC LETOURNEAU ORD. 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY 2005091241 -10:30 ALJO INC LETOURNEAU ORD. 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY 2005091107 -10:30 ALFONSE BOTTINO LETOURNEAU ORD. 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY 20. CASE NO: OWNER: OFFICER: VIOLA TIONS: 21. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 4. NEXT MEETING DATE January 6,2006 5. ADJOURN 2005091239 - 10:30 ALFONSE & GRETA BOTTINO LETOURNEAU ORD. 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY 2005090984 - 10:30 DIAMOND SHORES AFFORDABLE HOUSING, LLC LETOURNEAU 04-58 AS AMENDED SEe. 6 MINIMUM HOUSING VIOLATIONS ON PROPERTY December 16, 2005 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:50 AM. All those testifying at these proceedings today did so under oath. B. Hearing Rules and Regulations were given by Special Master Garretson. 2. PUBLIC HEARINGS STIPULATIONS 1. Case #2005060279 - BCC vs. Duane Billin2ton Code Enforcement Investigator Luedtke was present. The Respondent was not present. Violation(s): 3.05.03.01 B 04-41 Vegetation Removal without permit. 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 and is ordered abate the violation on or before April 16, 2006. or afine of $50. 00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs which has been paid. 2. Case #2005061003 - BCC vs. Jean Louis & Gilles This Hearing was requested by Code Enforcement Investigator Fordham who was present. The Respondent was not present. Violation(s): Inoperable vehicles, unlicensed vehicles. Investigator Fordham issued a parking ticket. He was unable to return to verify abatement. Special Master Garretson deferred the hearing until the next meeting when the abatement could be verified. 3. Case #2004100746 - BCC vs. Pompilio Labra Page 2 December 16,2005 Code Enforcement Investigator O'Farrell was present. The Respondent was not present. Violation(s): 3.05.03.01 B 04-41 Vegetation Removal without permit. 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 pay after thefact building permit fees, and obtain all inspections and a certificate of occupancy by the expiration date of the building permit or a fine of$150.00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement and request an investigator to perform a site inspection to confirm compliance. Respondent is ordered to pay Operational Costs in the amount of $342.50 incurred by Code Enforcement during the prosecution of this case which have been paid. BREAK FOR STIPULATIONS - 9:11 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 9:25 A.M. STIPULATIONS ACCORDING TO AGENDA 1. Case #SO 107606 - BCe vs. Geor2e Lusbv This case was removed. 2. Case #2005050140 - BCC vs. Francis A Oakes Jr. This Hearing was requested by Code Enforcement Officer Patterson who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended sec. 10.02.06 Pole Sign without permit. 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 all required Collier County building permits, inspections, and a certificate of occupancy on or Page 3 December 16, 2005 before February 16, 2006 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Sign must be removed including the supporting structure if respondent chooses not to permit the sign on or before February 16, 2006 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement Officer Patterson within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $218.49 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. MOTIONS 1. Request for a Reduction of Fines A. Case #2005080097 - BCC vs. Gin2er Gandv The motion was requested by the respondent. The respondent mentioned that they own six vehicles due to the members of the household, with the garage not being usable. The respondent also mentioned the incidence occurring during a hurricane and her son's illness. Special Master Garretson notified the respondent that she was in violation, properly notified, and given the opportunity to correct the situation. The fine of $1868.97 was not reduced. STIPULATIONS ACCORDING TO AGENDA CONTINUED 19. Case #2005090984 - BCC vs. Diamond Shores Affordable Housin2. LLC Officer Letourneau was present. The Respondent was not present. Violation(s): 04-58 as amended sec. 6 Minimum housing violations on property. 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 entering into the stipulation through Joe Hapercorn as the attorney in fact pursuant to a power of attorney executed by David Stein burg as the owner and principle managing partner of Diamond Shores Affordable Housing, LLC and is ordered to keep the mobile home vacant until which point all minimum housing violations have been abated and removing all violations on or before January 15, 2006 or afine of $1 000. 00 per Page 4 December 16, 2005 day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs ÙI the amount of $21 0.71 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 10. Case #2005081030 - BCC vs. Timothv James David En2land Officer Ybaceta was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended sec. 10.02.06: 02-01 sec. 10.1.1, 104.1.3.5 Unpermitted shed type structure in rear of property. A stipulation was agreed upon by the Respondent. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was corrected prior to today's hearing, the Respondent is found GUILTY of the alleged violations the 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 January 15,2006. HEARINGS 2. Case #CE 2503 - BCC vs. Oscar Pineda Officer Mangiante was not present, Officer Luedtke took his place. The Respondent was present and testified. Violation(s): Ord. sec. 130-66 Parking in the right of way. Officer Luedtke demonstrated photographs. The respondent responded that the vehicle was not working, he could not push it. He moved the vehicle the same day. Finding the Notice of Hearing was properly served, the Respondent is found NOT GUILTY of the alleged violations based on respondent's testimony. 3. Case #CE 1663 - BCC vs. Richard & Helen Boulev Officer Ambach was present. The Respondents were present and testified. Page 5 December 16, 2005 Violation(s): Ord. sec. 130-67 Handicapped parking. The respondents mentioned the situation was something that they would never do. After driving down from up north they found anticipated parking not available that evening. It was an emergency situation to utilize the restroom facilities; they were at the location for only approximately 8 minutes. Officer Ambach observed the vehicle not finding a handicap placard. He was on seen for about 5-7 minutes. Finding the Notice of Hearing was properly served, the Respondent is found NOT GUILTY of the alleged violations. 4. Case #CE 2451- BCC vs. Rav E NU2ent Officer Martindale was present. The Respondent was present and testified. Violation(s): Ord. Sec. 130-66 Parking in the right of way. The respondent testified that he was guilty of charges. He wanted to let it be known that areas covenants restrict parking in the driveway while blocking the walkway. When doing an appraisal he had to make the decision to park across the walkway or along the roadway, he parked on the roadway. Officer Martindale demonstrated photographs. The neighborhood association follows County Code, so he is asked to actively enforce the codes. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to pay Operational Costs in the amount of $80. 00 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 5. Case #2005090241 - BCC vs. Jairo Betancourt Code Enforcement Investigator Santafemia was present. The Respondent was not present. Violation(s): 04-41 as amended sec. 5.03.02 Fence in disrepair and collapsing. Investigator Santafemia testified that he had made several attempts to contact the property owner including a notice of violation that was returned unclaimed by a certified mailing, and the property was posted with the notice of violation and Page 6 December 16,2005 hearing. He returned to the property yesterday afternoon to find that the violation had been abated. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was corrected prior to today's hearing, the Respondent is found GUILTY of the alleged violations and is ordered to pay Operational Costs in the amount of $177.45 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 7. Case #2005061074 - BCC vs. Lviac Properties. LLC Officer Patterson was present. The Respondent was not present. Violation(s): 04-41 as amended sec. 10.02.06 Pole sign altered without first obtaining permits. Officer Patterson discovered a new panel that had been added to the pole sign on 771 Airport Road North. Photographs demonstrated before and after. Two panels had been changed from the original permit. July 25th 2005 a notice of violation was given with a compliance date of August 15th 2005. The permit was applied for on November 2nd 2005; issued November 4th 2005. This was an after the fact permit therefore the sign or permit must receive a certificate of occupancy within 60 days of permit issuance. Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of the alleged violations and is ordered abate violations by obtaining all required Collier County building permits, required inspections and obtain a certificate of occupancy on or before January 15, 2006 or a fine of $75.00 per day will be imposed for each day the violation remains thereafter. If respondent does not permit sign then it must be removed including any supports and structural remains on or before January 15, 2006 or a fine of $75.00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $212. 95 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 8. Case #2005090266 - BCC vs. Sabas Sanchez Officer Fordham was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended sec. 2.01.00 Page 7 December 16, 2005 Unlicensed/inoperable vehicles parked on property Officer Fordham noted that on August 2ih he observed two unlicensed vehicles. The following day he returned giving a personal notice of violation. A situation was issued on October 10th 2005. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate the violation by removing, obtaining valid license, placing in operation or storing the vehicles within three business days of the hearing or afine of $50. 00 per day will be imposed for each day the violation remains thereafter. The respondent is ordered to pay a $250.00 fine. The Respondent is ordered to pay Operational Costs in the amount of $179.15 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 9. Case #2004110303 - BCC vs. Jose L Gonzalez Officer Sykora was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended sec. 2.01.00 Unlicensed/Inoperable vehicle parked on property Officer Sykora testified that the case originally began on October 26th 2004 by another investigator. Several unlicensed inoperable vehicles were observed on the property. A notice of violation was personally served. On January 10th a citation was mailed. The first citation was paid. All vehicles except one were removed. On September 29th 2005 one unlicensed inoperable vehicle was again observed on the property. The daughter of the property owner was advised. A second citation was issued. The vehicle still stands in violation. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate the violation by removing, obtaining valid license, placing in operation or storing the vehicles within five days of the hearing or December 22"d 2005 or a fine of $1 00. 00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $236. 59 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 11. Case #2005040764 - BCC vs. BFS Retail & Commercial Operation. LLC Page 8 December 16, 2005 Officer Snoderly was present. The Respondent was present and testified. Violation(s): Ord. 04-41 as amended sec. 5.04.05, 10.02.06 Pole sign, wall sign & banners, tire wraps, tent without permits. Officer Snoderly mentioned that the respondent do agree that violations occurred. Employees of Tires Plus represented Tires Plus. 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 Collier County permits, inspections, and a certificate of occupancy on all signs on or before February 16th 2006 or afine of$100.00 per day will be imposedfor each day the violation remains thereafter. If the respondent chooses to not permit the signs they will be removed on or before February 16th 2006 or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter. The respondent will obtain an after the fact permit in the amount of $400.00 within two business days of today or afine of $ 75. 00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $235. 12 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 12. Case #2005010545 - BCC vs. Antonio & Ol2a Resendez Vasquez Officer Perez was present. The Respondent was not present. Violation(s): Ord. 02-01 sec. 106.1.2. No certificate of occupancy obtained for permits. Officer Perez testified that the Respondents were issued a notice of violation for three permits that had been issued for the property. The mobile home had a temporary certificate of occupancy in 2000; a porch and fence were added to the property. A notice of violation was given on March 16th 2005. A certified citation was sent in May, which was paid. Today's hearing was posted on the property. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate the violation by obtaining the proper certificate of occupancy for the three permits or remove Page 9 December 16, 2005 the appending violation on or before January 6th 2006 or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $233. 03 incurred by Code Enforcement during the prosecution of this case on or before January 6, 2006. 13. Case #2004120856 - BCC vs. Marv Lee Morris Officer Petrulli was not present, Officer Ybaceta took their place. The Respondent was not present. Violation(s): Supervisor Petrulli is requesting all actions be dismissed. Officer Ybaceta noted that the property had been sold a month before the case was started. Finding the Notice of Hearing was properly served, the Respondent citation is dismissed of the alleged violation. 14. Case #2005090981 - BCC vs. Alio Inc. Officer Letourneau was present. The Respondent was not present. Violation(s): Ord. 04-58 as amended sec. 6 Minimum housing violations on property. Special Master Garretson noted that a continuance was requested; the request was not timely therefore denied. The reasons for the continuance were found to be invalid not supporting a motion for continuance due to the hearing being placed on previous agendas. More than two months notice was given. Special Master Garretson does not have anything in writing to substantiate the authority of the employees to act on behalf of the respondent. She will hear the employee's information; and proceed as the respondent not appearing. Officer Letourneau responded to a renter on September 12th 2005 finding the property having numerous minimum housing violations including: tubs not properly connected to septic, stove not working, faulty outlet, bathroom flooring under cabinets rotted, outside siding on porch melted, leaky roof, rotten stairs, railing rotted, sliding door not lockable, no screens, holes in wall, sealing rotted, kitchen cabinets rotted, and kitchen walls rotted. He served notice of violation to the registered agent of record on September 13th. No repairs have been made to date. Officer Letourneau's supervisor recommended a daily fine of$1000.00. Page 10 December 16, 2005 Willy Cabada, Aljo Inc.'s maintenance man noted that he had fixed other violations from the past but was not aware of this one. Juanita Rivera a new rental agent noted that she has been the agent since October 20th. Mr. Cabada mentioned that renters break things in the trailers so that they do not have to pay the rent. Also noting that there is very little work that needs to be done, and FEMA promised everyone new trailers but then does not deliver. Officer Letourneau agreed that there have been some bad tenants, but Mr. Bottino as owner should have had a strong property manager to care for the situation especially since he lives in New York; he is ultimately responsible for the trailers condition. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate violations 011 or before December 23,2005 or afine of$1000.00 per day will be imposed for each day the violation remains thereafter. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $21 0.71 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 15. Case #2005090435 - BCC vs. Alio Inc. Officer Letourneau was present. The Respondent was not present. Violation(s): Ord. 04-58 as amended sec. 6 Minimum housing violations on property. Officer Letourneau responded to a renter on September ih 2005 finding the property having numerous minimum housing violations including: faulty stove, refrigerator not working, second bathroom toilet not working, faulty electric outlets, front stairs and railing rotted, rotted wood around porch door, no knob on second bathroom door, main bathroom floor and sink rotted and cracked, rotted walls in main bathroom, leeks in kitchen sink, no working smoke detectors. He served notice of violation to the registered agent of record on September 13th. No repairs have been made to date. Mr. Cabada mentioned that the renters drink and brake things. It would only take a moment to make the repairs. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate violations on or before December 23,2005 or afine of $1 000. 00 per day will be imposed for each day Page 11 December 16, 2005 the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of$217.94 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 16. Case #2005091241 - BCC vs. AUo Inc. Officer Letourneau was present. The Respondent was not present. Violation(s): Ord. 04-58 as amended sec. 6 Minimum housing violations on property. On September 22nd 2005 Officer Letourneau noted that while he was on location a renter flagged him down for an inspection finding the property having numerous minimum housing violations including: no cold water in kitchen, faulty refrigerator, broken bathroom window, faulty outlets, missing skirting, front and rear doors unlockab1e, front stairs and railing rotted, all interior doors either missing or needing replacement, carpet filthy, insect infestation, and no working smoke detectors. He was informed by Mr. Cabada that the trailer has been removed because of FEMA. Officer Letourneau would like to have the case on record and will return to confirm. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate violations on or before December 23, 2005 or a fine of $1 000.00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. Subject to the trailer having been removed; if it has been removed then only the Operational Costs will be due.. The Respondent is ordered to pay Operational Costs in the amount of $21 0.05 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 17. Case #2005091107 - BCC vs. Alfonse Bottino Officer Letourneau was present. The Respondent was not present. Violation(s): Ord. 04-58 as amended sec. 6 Minimum housing violations on property. Page 12 December 16, 2005 Officer Letourneau responded to a renter on September 2ih 2005 finding the property having numerous minimum housing violations including: rotted cabinet bottoms, no hot water in bathrooms, missing outlet covers, fan over stove not working, moldy walls in bedrooms and bathrooms, no door on bathroom, severe insect infestation, pluming leeks, and no working smoke detectors. He served notice by registered mail to Alfonse Bottino since it was registered in his name. Property and Court House were posted of violation. Ms. Louis demonstrated pictures of the trailer in which she lives. Mr. Cabada responded that the pictures were mixed with hurricane pictures. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate violations on or before December 23, 2005 or a fine of $1 000.00 per day will be imposed for each day the violation remains thereafter. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. The Respondent is ordered to pay Operational Costs in the amount of $195. 59 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 18. Case #2005091239 - BCC vs. Alfonse & Greta Bottino Officer Letourneau was present. The Respondent was not present. Violation(s): Ord. 04-58 as amended sec. 6 Minimum housing violations on property. Officer Letourneau noted that this mobile home has been removed and is asking for operational costs. Mr. Cabada requested two weeks to repair violations. Special Master Garretson expressed that she has been greatly offended that Mr. Cabada would come before her and lie. Noting that the violations have been going on for some time, they were not caused from the hurricanes, people getting drunk, or people not wanting to pay the rent. Persons should not have to pay rent with the homes existing in the conditions as they are. It is Mr. Bottino's responsibility to change the proper names on the tax records. It is only because the County does not want to displace the renters but wants to protect them that the situation has been going on. Special Master Garretson then ruled OIl each case. Page 13 December 16, 2005 Finding the Notice of Hearing was properly served, and finding the violation did exist, but was corrected prior to today's hearing, the Respondent is found GUILTY of the alleged violations and is ordered to pay Operational Costs in the amount of$210.05 incurred by Code Enforcement during the prosecution of this case on or before January 15, 2006. 3. COMMENTS - None 4. NEXT MEETING DATE January 6, 2005 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 11 :31 AM. FOR THE COLLIER COUNTY SPECIAL MASTER Secretary to the Special Master, Jason Bires Page 14