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Spec Master Minutes 05/05/2006 May 5, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, May 5,2006 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 in Building "F" of the Government Complex, East Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson COUNTY STAFF PRESENT: Jason Bires, Secretary to the Special Master Patti Petrolli, Code Enforcement Supervisor Shirley Garcia, Ops Coordinator, Code Enforcement Steven Griffin, Assistant County Attorney 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: May 5, 2006 8:45 A.M. Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center Administrative Building "F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER 2. MOTIONS 3. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES SO 143712 DA VID L ZEIGLER ARDRES ORD. SEC. 130-66 PARKING IN FIRE LANE DAS 11004 JEANETTE VASSALLO KUBICSEK ORD. 14-36 SEe. PAR A (10) (C) ALLOWING LIVESTOCK TO RUN AT LARGE 2006030631 BUNKIE INC. - DAN ARENDT MORAD 04-41 AS AMENDED SEe. 10.02.06; 02-01 SEe. 103.11.1 CONSTRUCTION/ALTERATIONS W/O PERMITS 2006011073 MARIA MIRIA ZARAGOZA LUEDTKE 04-41 AS AMENDED SEe. 10.02.06 ADDITION OF ATTACHED ENCLOSURE WITHOUT PERMTS 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 11. CASE NO: OWNER: OFFICER: VIOLA TIONS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006030402 ALKATOTAL LIMITED PARTNERSHIP - THOMAS & DEBORAH COOK FORDHAM 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLE PARKED ON PROPERTY 2006011219 HELENE VOGEL SANT AFEMIA 04-58 SEe. 7 NO RENTAL REGISTRATION 2005110769 MONICA & ARMANDO HERRERA SYKORA 04-41 SEe. 2.01.00 COMMERCIAL VEHICLES PARK/STORED ON RESIDENTIAL PROPERTY 2006010787 GENNIFER RALSTON MARTINDALE 92-80 & 97-35 AS AMENDED SEe. 2.01.00 RECREA TIONAL WATERCRAFT AND TRAILER IN FRONT DRIVEWAY 2006030970 DA VID C & PRISCILLA E LOLLIS YBACETA 04-41 AS AMENDED SEe. 2.01.00 RECREATIONAL & COMMERCIAL TRAILERS & EQUIPMENT IN FRONT YARD 2006031025 ROBERT A FLICK, MARVIN & MARGARET ENDERLE TR YBACETA 04-41 AS AMENDED SEe. 1.04.01,2.01.00 UNLICENSED/INOPERABLE VEHILCE IN FRONT DRIVEWAY 2005080423 KINGFISHER HOLDINGS LLC LETOURNEAU 04-41 AS AMENDED SEe. 10.02.06 NON-LIVING AREA OF 1 ST FLOOR CONVERTED INTO APTS. W/O PERMITS 2006010288 SCOTT & DENISE WEIKEL LETOURNEAU 04-58 SEe. 6 MINIMUM HOUSING 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: VIOLATIONS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006030813 HAROLD GAY MUCHA 04-41 AS AMENDED SEe. 2.01.00 COMMERCIAL VEHICLE & TRAILER PARKED AT RESIDENCE 2006020827 CRESNCIO MARTINEZ MUCHA 04-41 AS AMENDED SEe. 2.01.00 COMMERCIAL VEHICLES & EQUIPMENT STORED AT PROPERTY 2006020828 CRESENCIO MARTINEZ MUCHA 04-41 AS AMENDED SEe. 2.01.00,4.05.03 UNLICENSED/INOPERABLE VEHICLES PARKING ON THE GRASS 2006030343 JA VIER & SARA FERNANDEZ BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLE PARKED IN THE DRIVEWAY 2006030269 ESPERANDIEU CIVIL BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLE PARKED IN THE DRIVEWAY 2006030536 ROBERT & MONA L JOHNS BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLE PARKED IN THE DRIVEWAY 2006031121 SAINT LOUISE MOISE BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLES PARKED IN THE DRIVEWAY 2005120429 STPETIM RAMKU JACKSON 04-58 SEe. 7 NO RENTAL REGISTRATION 21. CASE NO: OWNER: OFFICER: VIOLATIONS: 22. CASE NO: OWNER: OFFICER: VIOLA TIONS: 23. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006020362 MARCO ORBEGOSO JACKSON 04-41 AS AMENDED SEe. 2.02.03 PROHIBITED STORAGE OF CONSTRUCTION MATERIALS ON PROPERTY 2006030305 JOHN & JO ELLEN ATKINSON JACKSON 04-41 AS AMENDED SEC. 4.05.03 VEHICLES PARKING ON NON-ST ABLIZED SURF ACE 2005091124 SHEILA K LEWIS JACKSON 03-37 SEe. 5 UNPERMITTED AL TERA TION OF RIGHT OF WAY 4. NEW BUSINESS A. IMPOSITION OF FINES B. REDUCTION OF FINES REQUESTS 5. OLD BUSINESS 6. COMMENTS 7. NEXT MEETING DATE May 19, 2006 8. ADJOURN May 5, 2006 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. Special Master Garretson discussed giving the Respondents an opportunity to speak with their Investigating Officer before conducting the Hearing to attempt to reach a Resolution by Stipulation, looking for Compliance without being punitive. BREAK FOR STIPULATIONS - 9:08 AM RECONVENED - 9:20 AM 2. MOTIONS 3. PUBLIC HEARINGS STIPULATIONS 3. Case #2006030631 - BCC vs. Bunkie Inc. - Dan Arendt (Executive Officer/Registered Agent authorized to make decisions) This Hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Sec 10.02.06,02-01 Sec. 103.11.1 Construction! Alterations without Permits A Stipulation was agreed upon by the Respondent. Investigator Morad stated the Respondent is 99% in compliance. The stipulation was read into the record. The Respondent responded he has had problems getting permits in a timely manner. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to have the entrance way re-opened and the area returned to the approved floor plan on or before May 9, 2006 or a fine of $250 per day will be imposed for each day the violation remains thereafter. Respondent is also ordered to pay $1,000 fine on or before May 4, 2006. Respondent is ordered to pay Operational Costs in the amount of $343.49 incurred by Code Enforcement during the prosecution of this case/on or before June 4,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 1. Case SO 143712 - BCC vs. David L. Zei21er This Hearing was requested by the Respondent who was present. Officer Ardres was also present. Violation(s): Ordinance 130-66 Parking in Fire Lane A Stipulation was agreed upon by the Respondent. 2 May 5, 2006 Finding the Notice of Hearing was properly served, and based on the Officers recommendation the Respondents Citation was DISMISSED. 4. Case # 2006011073 - BCC vs. Maria Miria Zara20za This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was present. The Respondent was also present. Shirley Garcia was the translator. Violation(s): Ordinance 04-41 as amended Sec. 10.02.06 Addition of attached Enclosure without Permits A Stipulation was agreed upon by the Respondent. Violation location is 1822 43rd St. SW. Portion of the Lanai was tom off and enclosed it. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged Violation(s) and is ordered to obtain the proper permits and Certificate of Occupancy or obtain a Demolition Permit and return it back to conforming use on or before August 5,2006 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 $205.70 incurred by Code Enforcemellt during the prosecution of this case and were paid at the Hearing. The Respondent is to 1l0tifY Investigator within 24 hours to COil cur the violation has been abated. 5. Case #2006030402 - BCC vs. Alkatotal Limited Partnership-Thomas & Deborah Cook This Hearing was requested by Code Enforcement Jack Fordham 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 Unlicensed/Inoperable Vehicle Parked on Property A Stipulation has been agreed upon by the Respondent. Violation location was 4501 32nd Ave. SW on March 11, 2006. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged Violation(s) and is ordered to remove or store the vehicle or obtain a valid license to make vehicle operable on or before May 10, 2006 or a fine of $50 per day will be imposed for each day the violation remain therefore. Respondent is ordered to pay Operational costs in the amount of $192. 70 incurred by Code Enforcement during the prosecution of this case and were paid at the Hearing. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 11. Case # 2005080423 - BCC vs. Kin2fisher Holdin2s LLC This Hearing was requested by Code Enforcement Officer Jeff Letourneau who was present. 3 May 5, 2006 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 Non-living area of 1 st floor converted into apartments without Permits 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 obtain required permits, (Respondent has obtained a Demolition Permit) obtain Certificate of Completion, remove related debris to an area intended for final disposal on or before August 3, 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 $330.96 incurred by Code Enforcement during the prosecution of this case and were paid at the Hearing. The Respondent is to notifY the Investigator within 24 hours to concur the violation has been abated. 12. Case #2006010288 - BCC vs. Scott & Denise Weikel This Hearing was requested by Code Enforcement Officer Jeff Letourneau who was present. The Respondent or Respondents representative was not present. The Representative executing the Stipulation was Jason Hamilton, Attorney for the Respondents. Violation(s): 04-58 as amended, Section 6 Minimum Housing Violations. 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 abate the violations by repairing the fence on or before May 12,2006 or a fine of$500 per day will be imposed for each day the violation remains thereafter. Respondent is also ordered to abate all Minimum Housing Violations on or before June 4, 2006 or a fine of $250 will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $238. 65 incurred by Code Enforcement during the prosecution of this case on or before June 4, 2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 14. Case #2006020827 - BCC vs. Cresncio Martoinez This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was represented by his son, Samuel Martinez. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Commercial Vehicles and Equipment Stored at Property A Stipulation was agreed upon by the Respondent. 4 May 5, 2006 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 $170.66 incurred by Code Enforcement during the prosecution of this case and were paid at the Hearing. 15. Case #2006020828 - BCC vs. Cresencio Martinez This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was represented by his son, Samuel Martinez. Violation(s): Ordinance 04-41 as amended, Section 2.01.00, 4.05.03 Unlicensed/Inoperable Vehicles Parking on the Grass 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, Respondent isfound guilty of the alleged violation(s) and is ordered to pay Operational Cost in the amount of $177.23 incurred by Code Enforcement during the prosecution of this case and was paid at the Hearing. 17. Case #2006030269 - BCC vs. Civil Esperandieu This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent was not present. Violation(s): Ordinance 2004-41, Section 2.01.00 Unlicensed Vehicles Parked in the Driveway A Stipulation was agreed upon by the Respondent. The Violation address is 4109 Dale Ave. Finding the Notice of Hearing was properly served; alldfinding the Violation did exist, but was CORRECTED prior to today's Hearing, the Respondent is found guilty of the alleged violation(s) and is ordered to pay Operational Costs in the amount of $168.29 incurred by Code Enforcement during the prosecution of this case on or before June 4, 2006. 18. Case #2006030536 - BCC vs. Robert & Mona L. Johns This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent( s) were not present. Violation(s): Ordinance 2004-41, Section 2.01.00 Unlicensed Vehicle parked in the Driveway A Stipulation was agreed upon by the Respondent Finding the Notice of Hearing was properly served, the Respondent is found GUIL TY of the alleged violation(s) and is ordered to register or store vehicle in an enclosed 5 May 5, 2006 structure, license or remove vehicle on or before May 12, 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 $188. 86 incurred by Code Enforcement during the prosecution of this case on or before JUlie 4,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 22. Case #2006030305 - BCC vs. John & Jo Ellen Atkinson This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Section 4.05.03 Vehicles Parking on Non-stabilized Surface A Stipulation was agreed upon by the Respondent. The Respondent wanted it on the record of his commendation of Officer Jackson. He is very courteous, professional, and patient in answering her questions. 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 by parking on an approved stabilized surface on or before May 8, 2006 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 $167.47 incurred by Code Enforcement during the prosecution of this case on or before May 21,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 9. Case #2006030970- BCC vs. David Co & Priscilla E. Lollis This Hearing was requested by the Code Enforcement Investigator Eddie Ybaceta who was present. The Respondents were also present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Recreational & Commercial Trailers & Equipment in front yard A verbal Stipulation was agreed upon by the Respondents. 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 $157.12 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. 4. Case # DAS 11004 - BCC vs. Jeanette Vassallo This Hearing was requested by the Respondent who was present. The Code Enforcement Investigator Bonnie Kubicsek was also present. Violation(s): Ordinance 14-36 Section PAR. A (10) (c) Allowing Livestock to run at Large 6 May 5, 2006 The Respondent explained several attacks on her emu. Code Enforcement Investigator had contacted the Respondent after the attacks in which the emus had been out of the pen. Two days later the emu fled from the pen again and had since died from the attack. Investigator Kubicsek responded the emu has been loose several times and had given the Respondent advice on installing an electrical fence to resolve the problem and protect the animals. Pictures were viewed by the Special Master. Several suggestions were given to repair the fence. The Respondent was asked why she had not taken the Investigator's advice. The Respondent stated she is doing what she can and didn't get along with the Investigator. She had also installed a 6 and a 9 foot double fence and described other methods used for the fencing. It was noted it is the Respondents responsibility to protect the animals and provide fencing so they are not allowed to run loose. Making the fence higher did not solve the problem. 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$107.00 on or before June 4,2006. The Operational Costs were waived. 6. Case #2006011219 - BCC vs. Helene V02el This Hearing was requested by Code Enforcement Investigator John Santafemia who was not present. The Respondent was not present. Violation(s): Ordinance 04-58 Section 7 No rental registration. An NOV was issued at 8590 Ibis Cove Circle. 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) and is ordered to pay Operational Costs in the amount of $189. 54 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. 13. Case # 2006030813 - BCC vs. Harold Gav This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was not present, but represented by his son Thomas Gay. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Commercial Vehicle & Trailer parked at Residence Investigator Mucha testified during a patrol in Naples Manor for commercial vehicles, he found a commercial Landscape truck with an attached covered trailer at 5217 Perry Lane. The name on the side of the truck was "Sawgrass Horticulture Services." No horticulture work was being done. After research it was found there had been 6 previous case violations for that property for commercial equipment and vehicles. The Respondent stated he had been doing construction work at the site. Thomas Gay is a resident of the property. Investigator Ybaceta testified he had spoken with the Respondent 7 May 5, 2006 previous and had told the Respondent he could do work at that address but could not allow the trailer to reside there. 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 of the Ordinance immediately or a fine of $1 00 per day will be imposed for each day the violation remains therefore. Respondent is also ordered to pay a fine of $250 on or before June 4, 2006. Respondent is ordered to pay Operational Costs in the amount of$157.17 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. Upon documented evidence of another violation occurring, a fine of $1 00 a day will be imposed... 21. Case #2006020362 - BCC vs. Marco Orbe20so This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Section 2.02.03 Prohibited Storage of Construction Materials on Property Violation occurred on February 9,2006 when Investigator Jackson observed an in-ground swimming pool being stored in the rear yard. The Swimming pool was above the ground. An NOV was mailed on February 9th and rechecked on March 6, 2006. Investigator Jackson has been in contact with the Respondent in reference to permits which have not been obtained to date. The Respondent responded he has been asking for more time and would like 10 more working days. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to obtain the proper permits, a Certificate of Completion or remove the materials to a properly zoned property or to a waste disposal on or before May 19, 2006 or afine of $50 per day will be imposedfor each day the violation remains thereafter. If the violation has not been abated by August 4,2006, afine of$75 a day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of$181.18 incurred by Code Enforcement during the prosecution of this case on/or before June 4,2006. The Respondent will contact the Investigator of the progress being made and each time permits are obtained. 7. Case #2005110769 - BCC vs. Monica & Armando Herrera This Hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The Respondent was not present. Violation(s): 04-41 Section 2.0 1.00C Commercial Vehicles parked/Stored on Residential Property Vehicle was parked/stored at 596 Hope Circle in Immokalee. On November 28, 2005 observed the dump truck on property. The Ordinance was explained to the Respondent. Investigator was advised the dump truck will be sold and removed. The dump truck still remains on property as of March 25,2006. Pictures were submitted into evidence. 8 May 5, 2006 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 by removing the dump truck or store in an acceptable facility on or before May 12, 2006 or afine of $1 00 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $220.21 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. BREAK - 10:48 AM RECONVENED - 10:58 AM 13. Case #2006010787 - BCC vs. Gennifer Ralston This Hearing was requested by Code Enforcement Investigator Ronald Martindale who was present. The Respondent was not present. Violation(s): Ordinance 92-80 as amended Section 2.01.00 Recreational Watercraft & Trailer in front Driveway Violation occurred on January 11, 2006. Pictures were shown of the watercraft (Jet Ski). The current Code and Ordinance was explained to the Respondent and has since been abated. Finding the Notice of Hearing was properly served, and finding the Violation did exist, but was CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s) and is ordered to pay Operational Costs in the amount of $222.45 incurred by Code Enforcement during the prosecution of this case on or before May 19,2006. 10. Case #2006031025 - BCC vs. Robert A. Flick. Marvin. & Mar2aret Enderle TR This Hearing was requested by Code Enforcement Investigator Eddie Ybaceta who was present. Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 1.04.01, 2.01.00 Unlicensed/Inoperable Vehicle in front Driveway Address of violation occurred on Canal Street in the Bayshore area. Pictures were shown. Violation has been abated. Finding the Notice of Hearing was properly served; and finding the violation did exist, but was CORRECTED orior 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. 12 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. Respondent is also ordered to pay a fine of $150 for being a repeat offense, to be paid on or before June 4, 2006. 20. Case #2005120429 - BCC vs. Stpetim Ramku This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was not present. Violation(s): Ordinance 04-58 Section 7 No Rental Registration 9 May 5,2006 The case has been abated as of May 3,2006. The Respondent resides in New York and spoke to the Investigator concerning the case and Operational Costs. The Respondent agreed to the 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 violation(s) and is ordered to pay the Operational Costs in the amount of$178.80 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. 23. Case #2005091124 - BCC vs. Shelia K. Lewis This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. Respondent was not present. Violation(s): Ordinance 03-37 Section 5 Un-permitted Alteration of Right-of-Way Case started in September 26, 2005 after receiving a complaint of a large amount of fill dumped in a swale inside a drainage area. Fresh sod was observed, making unpermitted alterations to the County Right-of-Way. Pictures were shown taken May 5,2006. An NOV was posted on April 6, 2006. Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to abate the violation by removing the extra fill and sod and restore to its original state and contact Larry Henry, Collier County Transportation Dept. to verifY swale will function properly on or before May 10, 2006 or a fine of $200 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Cost in the amount of$212. 79 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 16. Case #2006030343- BCC vs. Javier & Sara Fenandez This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent was not present. Violation(s): Ordinance 04-41 Section 2.01.00 Unlicensed Vehicle Parked in the Driveway Address of violation is 1193 Hernandez Street, Twin Lakes. Vehicle parked in driveway without proper license. Pictures were taken and shown. 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 May 12, 2006 or a fine of $50 per day will be imposedfor each day the violation remains thereofter. Respondent is also ordered to pay a fine of $1 00.00 on or before June 4, 2006. Respondent is ordered to pay Operational Costs in the amount of $182.68 incurred by Code Enforcement during the prosecution of this case on or before June 4,2006. The Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 19. Case #2006031121- BCC vs. Saint Louise Moise This Hearing was requested by Code Enforcement Investigator Box who was present. 10 May 5,2006 The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed Vehicles Parked in Driveway Violation occurred at 4413 Thomason Lane. Three vehicles were on the property. Pictures were shown. Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to remove the vehicles from the property, store in a proper facility or license and make them operable on or before May 12, 2006 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Respondent is also ordered to pay a $100 fine on or before June 4, 2006. Respondent is ordered to pay Operational Costs in the amount of $180.66 incurred by Code Enforcement during the prosecution by Code Enforcement during the prosecution of this case on or before June 4, 2006. 4. New Business A. Imposition of Fines - None B. Reduction of Fines Requests - None 5. Old Business A. Approval of Minutes - April 21, 2006 Case #C04229 - BCC vs. Ronald Zbikowski (The Hearing was requested by the Respondent) Case #C04257 - BCC vs. Christopher L. Conn & Patricia A. Daley (The Hearing was requested by the Respondents) The Special Master accepted the amended Minutes of April 21, 2006. There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 11 :25 AM. FOR THE COLLIER COUNTY SPECIAL MASTER Special Master, Brenda Garretson 11