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Spec Master Minutes 09/01/2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, September I, 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: Shirley Garcia - Secretary to the Special Master Dennis Mitchell- Code Enforcement Supervisor Jeff Wright - Assistant County Attorney HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: September 1st, 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 VERBATIM RECORD OF THE PROCEEDINGS [S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL [S TO BE BASED. NE[THER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES 2. APPROVAL OF MINUTES - August 22nd, 2006 3. MOTIONS A. STIPULATIONS: 4. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: DAS 11103 OWNER: DEWEY MCNEAL OFFICER: ANITA MARTINDALE VIOLA TIONS: ORD. 14-36 SEe. A 2 ALLOW ANIMAL TO RUN AT LARGE 2. CASE NO: DAS 11188 OWNER: RASJIA HEISTON OFFICER: KURT ZEITLER VIOLATIONS: ORD. 14-36 SEe. A 2 ALLOW ANIMAL TO RUN AT LARGE 3. CASE NO: DAS 11177 & 11178 OWNER: MIGUEL RODRIGUEZ MARRERO OFFICER: KURT ZEITLER VIOLA TIONS: ORD. 14-34 SEe. (B) F ALLURE TO V ACCINA TE A DOG 4. CASE NO: SO 148027, 148013 & 148023 OWNER: LINDA GRANATA OFFICER: ROBERT LEWIS VIOLA TIONS: ORD.130-67 HANDICAPPED SPACE 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: VIOLA TIONS: 2006040603 TRACE ANN HANDY CARMELO GOMEZ ORD. 04-41 SEe. 2.01.00(1) PARKING & STORING A VEHICLE WITHOUT VALID LICENSE PLATE 2006070735 RICHARD & CARMEL WHOOLEY HEINZ BOX ORD. 04-41 SEe. 2.01.00(C) COMMERCIAL VEHICLE PARKED IN DRIVEWAY 2006030278 EDWARD SLASIENSKI HEINZ BOX ORD. 04-41 SEe. 2.01.00(A) UNLICENSED VEHICLE 2006070300 JOSE ORTEGA HEINZ BOX ORD. 04-41 SEe. 2.01.00(A) UNLICENSED VEHICLE 2006050116 DIANE MUENZE GONZALEZ HEINZ BOX ORD. 04-41 SEe. 2.01.00(C) COMMERCIAL VEHICLE PARKED IN DRIVEWAY 2006070466 JILL WEAVER & HENRY TESNO HEINZ BOX ORD. 04-41 SEe. 4.05.03(A) MULTIPLE VEHICLES PARKED IN FRONT YARD 2006081081 JILL WEAVER & HENRY TESNO JOE MUCHA ORD. 04-58 SEe. 6(2) MINIMUM HOUSING VIOLATION 5. OLD BUSINESS - A. Request for Imposition of Fines/Liens: 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: 6. NEW BUSINESS 7. REPORTS- 8. COMMENTS DAS 11186& 11187 DA VID HOWELL KURT ZEITLER ORD. 14-41 SEe. A 7 ABANDONED TO DIE & TORMENT OF ANIMAL 9. NEXT MEETING DATE - September 15,2006 10. ADJOURN September 1, 2006 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:55 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 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. RECESS FOR STIPULATIONS: 9:05 A.M. RECONVENED: 9:20 A.M. 2. APPROVAL OF MINUTES - August 22, 2006 The Minutes of the Special Master Hearing for August 22, 2006 were reviewed by the Special Master and approved as submitted. 3. MOTIONS A. MOTION FOR CONTINUANCE 7. Case No. 2006030278 - BCC vs. Edward Slasienski This Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violation(s): 04-41, Sec. 2.01.00(A) Unlicensed vehicle The Special Master questioned Investigator Box who stated that Code Enforcement had no objection a continuance being granted in this case. The basis for the request is because the Respondent had a conflict with a scheduled medical appointment at the Veterans' Administration clinic. The Motion was GRANTED, and this Case was continued to October 6, 2006. The Respondent will receive written notice. 5. OLD BUSINESS: Request for Imposition of Fines/Liens: 1. Case No. DAS 11186 and 11187 - BCC vs. David Howell This Hearing was requested by Domestic Animal Services Officer Kurt Zeitler who was present. Assistant County Attorney Colleen Greene was also present. The Respondent was not present, but had submitted a request for a continuance. Violation(s): 14-41, Sec. A(7) Abandoned to die and torment of animal 2 September 1,2006 In written request, the Respondent stated that he did not receive any papers until August 24, 2006, and that he had already scheduled a trip from August 30 through September 5,2006. The Special Master noted that there was no documentation attached to the request. Shirley Garcia, Secretary to the Special Master, advised the Special Master she hand-delivered to the Respondent notification of to day's hearing date. The Assistant County Attorney, Colleen Greene, objected to the request for a continuance on the basis that it was not timely since the Respondent filed his request on August 29, 2006. Five days notice is required for submission of such a request. Respondent's Motion was DENIED. B. STIPULATIONS 6. Case #20006070735 - BCC vs. Richard and Carmel Whoolev This Hearing was requested by Code Enforcement Investigator Heinz Box who was present. Respondent, Richard Whooley, was present earlier and agreed to the Stipulation, but left before the Hearing was heard. Violation(s): 04-41, Section 2.01.00(C) Commercial vehicle parked in driveway A Stipulation was agreed to by the Respondent. Address of violation: 2595 River Reach Drive, Collier County Finding the notice of hearing was properly served, Respondents are found GUILTY of the alleged violatioll(s) and are ordered to remove the vehicle on or before September 5, 2006, or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Respondellts are ordered to pay Operational Costs in the amount of $144.43 incurred by Code Enforcement durillg the prosecution of this case on or before October 2,2006. Respolldents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 9. Case #2006050116 - BCC vs. Diane Muenze Gonzalez This Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was present earlier and agreed to the Stipulation, but left before the Hearing was heard. Violation(s): 04-41, Section 2.01.00(C) Commercial vehicle parked in driveway A stipulation was agreed upon by the Respondent. Address of violation: 3348 Bolero Way, Collier County 3 September 1, 2006 Finding the notice of hearing was properly served, Respondent is found GUILTY of the alleged violation(s) and is ordered to remove the vehicle on or before September 5, 2006, or a fine of $100 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of$187. 72 incurred by Code Enforcement during the prosecution of this case on or before October 2,2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 10. Case #2006070466 - BCC vs. Jill Weaver and Henry Tesno This Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was also present. Violation(s): 04-41, Section 4.05 .03(A) Multiple vehicles parked in front yard A stipulation was agreed upon by the Respondent. As Investigator Box began to delineate the terms of the Stipulation, the Respondent interrupted and objected stating that he could not remove the vehicle from the property. He said that it was a permitted property and he was allowed to keep his vehicles there since he was constructing a house. Since the Respondent apparently did not understand what he signed, the Special Master agreed to recall the case at a later time in order to give the Respondent and Investigator Box additional time to agree upon the terms of a Stipulation. The Special Master suggested that Investigator Mucha also meet with the Respondent in order to see if a Stipulation could be agreed upon in Case No. 2006081081. The Respondent asked for a Continuance in order to obtain legal counsel because he stated that his rights had been violated concerning the minimum housing violation. He claimed that the tenant had water; therefore, he did not understand the charge. Investigator Joe Mucha was sworn in by the Special Master. He objected to any motion for a Continuance since he considered this to be an emergency health situation. He stated that the tenants had been without water for a week. The Special Master again urged all parties to meet in a conference room to work out the terms of a Stipulation because she was not inclined to grant a Continuance at this time. 4. PUBLIC HEARINGS 1. Case #DAS 11103 - BCC vs. Dewey McNeal This Hearing was requested by Domestic Animal Services Officer Anita Martindale who was present. The Respondent was not present. 4 September 1, 2006 Violation(s): 14-36, Sec. A(2) Allow animal to run at large Officer Martindale stated that this situation has been an on-going problem. The Respondent has received several warnings, and DAS has impounded his dogs in the past. Finding the Ilotice of hearing was properly served, Respondent isfound GUILTY of the alleged violation(s) and is ordered to pay a civil penalty of $1 00 plus a $7.00 citation fee on or before October 2, 2006. Re!:1pondent is ordered to pay Operational Costs in the amount of $50. 00 incurred by Code Enforcement during the prosecution of this case on or before October 2,2006. The Special Master noted that this is a first offellse, and that the penalties for any subsequent violations will increase sigllificantly. 2. Case #DAS 11188 - BCC vs. Rasiia Heiston This Hearing was requested by Domestic Animal Services Officer Kurt Zeitler who was present. The Respondent was not present. Violation(s): 14-36, Sec. A(2) Allow animal to run at large Officer Zeitler stated he has made several visits to the Respondent's residence. The dog, a rottwei1er, was to be quarantined because it bit a child. Finding the notice of hearing was properly served, Respondent is found GUILTY of the alleged violation(s) and is ordered to pay a civil penalty of $1 00 plus a $7.00 citation fee Oil or before October 2, 2006. Respondent is ordered to pay Operational Costs in the amount of $50. 00 incurred by Code Enforcemellt during the prosecution of this case on or before October 2,2006. The Special Master noted that this is a first offellse, alld that the penalties for any subsequent violations will increase significalltly. 3. Case #DAS 11177 and 11178 - BCC vs. Mi2uel Rodri2uez Marrero This Hearing was requested by Domestic Animal Services Officer Kurt Zeitler who was present. The Respondent was not present. Violation(s): 14-34, Section (B) Failure to vaccinate a dog Officer Zeitler stated that he made 9 visits to the Respondent's property. The citations referenced two dogs: "Rocky," a pit bull mix and "Duke," a corgi mix. Fillding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation(s) alld is ordered to obtain rabies vaccinations for each dog cited and to pay a civil penalty of$100 plus a $7.00 citation fee for each citation on or before October 2,2006. 5 September 1, 2006 Respondent is ordered to pay Operational Costs in the amount of $50.00 incurred by Code Enforcement during the prosecution of this case on or before October 2,2006. The Special Master noted that if the animals are not vaccinated against rabies, fines for any subsequent citations that are issued will be for much higher amounts. The total fine is $264. OFFICER ZEITLER REQUESTED THE SPECIAL MASTER HEAR THE FOLLOWING CASE NEXT (OUT OF AGENDA ORDER). 5. OLD BUSINESS: Request for Imposition of Fines/Liens: 1. Case No. DAS 11186 and 11187 - BCC vs. David Howell This Hearing was requested by Domestic Animal Services Officer Kurt Zeitler who was present. Assistant County Attorney, Colleen Greene, was also present. The Respondent was not present Violation(s): 14-41, Sec. A(7) Abandoned to die and torment of animal Assistant County Attorney Greene reminded the Special Master that she had already been lenient to the Respondent at the previous Hearing in this matter by reducing the number of citations. The Respondent still owes approximately $500 in fines and had requested that this amount be reduced. The Assistant County Attorney objected to the Respondent's request for a further reduction stating that the Hearing was the wrong forum for this type of request. The Respondent's request was DENIED. 4. Case #SO 148027. 148013 and 148023 - BCC vs. Linda Granata This Hearing was requested by Collier County Sheriffs Deputy Robert Lewis who was present. The Respondent was present. Violation(s): 130-67 Handicapped space Deputy Lewis stated that he had discussed this matter with the Respondent and he requested that two of the citations be dismissed. Respondent is the landlord of a triplex located at Tropicana Boulevard. The tenant in that building had been parking in the properly-marked handicapped space without authorization, i.e., no handicap permit. Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to pay a civil penalty of $250.00 (Citation #148013) on or before October 2, 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 $50.00 incurred by Code Enforcement during the prosecution of this case on or before October 2,2006. 6 September 1, 2006 5. Case # 2006040603 - BCC vs. Trace Ann Handy This Hearing was requested by Code Enforcement Investigator Carme10 Gomez who was present. The Respondent was present. Violation(s): 04-41, Section 2.02.00( 1) Parking and storing a vehicle without valid license plate Investigator Gomez stated that this situation has been an ongoing problem since September, 2005. Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to obtain and affIX a current, valid license plate to the vehicle, or to store the vehicle ill a completely ell closed structure, or to remove the vehicle from the property on or before September 5, 2006. Respolldent is ordered to pay Operational Costs in the amount of$174.06 incurred by Code Enforcemellt during the prosecution of this case on or before October 2,2006. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has beell abated. The Special Master noted that, due to an oversight, a daily fine was not imposed upon the Respondent while at the Hearing. III the event the vehicle is Ilot licensed, the Investigator must serve allother Notice in order to assess the additional daily fine. 8. Case #2006070300 - BCC vs. Jose Orte2a This Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Jorge Moreno was present representing the Respondent.. Violation(s): 04-41, Section 2.01.00(A) Unlicensed vehicle Mr. Ortega owns the property, but Mr. Moreno is buying it from Mr. Ortega and will own the property when it is paid in full. Mr. Moreno stated he had authority to represent the owner. Investigator Box stated that he and Mr. Moreno had agreed to the terms of a Stipulation but he was not aware if Mr. Moreno could sign a Stipulation on behalf of Mr. Ortgea who is the owner. Since Mr. Moreno was able to present the Notice of Violation which has been served upon the owner, the Special Master allowed him to proceed. Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to remove any and all inoperable vehicles from the premises 011 or before September 5,2006, or afine of $50 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay the Operational Costs in the amount of $144.43 incurred by Code Enforcement during the prosecution of this case 011 or before October 5,2006. Re!'Jpondent is to 1l0tifY the Investigator within 24 hours of a workday to concur the violation has beell abated. 7 September 1, 2006 10. Case #2006070466 - BCC vs. Jill Weaver and Henry Tesno The Special Master noted that she had previously urged the Investigators and Mr. Tesno to meet separately because, even though Mr. Tesno signed a Stipulation, he stated he would not agree to adhere to the terms of that Stipulation after he had taken the oath. Mr. Tesno did not remain for the continuation of the Hearing. The Special Master requested that a narration of the meeting between the parties was to be placed on the record. Collier County Code Enforcement Supervisor, Dennis Mitchell, was sworn in by the Special Master. Mr. Mitchell stated that he went out into the hallway where the Investigators and Mr. Tesno were meeting because of the loud discussion that ensued. He assessed Mr. Tesno to be "somewhat out-of-contro1," and as he approached the Respondent, Mr. Mitchell smelled a strong odor of alcoholic beverage about Mr. Tesno. Mr. Tesno was asked to leave the building. Mr. Mitchell expressed the County's desire to proceed with these cases. Mr. Mitchell further stated that when he approached the Respondent, he advised him that he could remain for the Hearing ifhe would remain calm and control his behavior. Mr. Mitchell explained that the Hearing would take place whether Mr. Tesno was present or not. The Special Master verified that the file contained proof of service of the Notice of Violation, as provided by the U.S. Postal Service and via posting, in both cases. She noted for the record that Mr. Tesno conducted himself in such a manner that he was requested and required to leave the premises. Jill Weaver was not present. In regard to Case #2006070466, the violation was to Ordinance 04-41, Section 4.05.03(A), multiple vehicles parked in front yard. Investigator Box presented a photograph to be marked as Exhibit "A" and admitted into evidence. Finding the notice of hearing was properly served, the Respolldellts are foulld GUILTY of the alleged violatioll(s) alld are ordered to remove the vehicles from the property on or before September 5, 2006, or a fine of $1 00 per will be imposed for each day the violation remains thereafter. Respondents are ordered to pay the Operational Costs in the amount of $150. 61 incurred by Code Enforcement during the prosecution of this case 011 or before October 2,2006. Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. The Special Master asked Shirley Garcia, Secretary to the Special Master, to type the Order on an expedited basis so Investigator Box could post it on the property on September 1,2006, in order to give Mr. Tesno as much notice as possible. The Order was also to be served upon the Respondents via certified mail. 8 September 1, 2006 11. Case #2006081081- BCC vs. Jill Weaver and Henry Tesno This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondents were not present. Violation(s): 04-58, Section 6(2) Minimum housing violation Address of violation: 3069 Lunar Street, Collier County The tenant residing at 3069 Lunar Street called the Code Enforcement Office on August 24, 2006, complaining that one of the property owners, Jill Weaver, had informed him that she was not paying the water bill for the rental property and that the water had been turned off. When Investigator Mucha spoke with the tenant on August 28, 2006, the water was still turned off. After contacting the City of Naples, the Investigator was able to verify that the water had been restored to the property on August 31, 2006. Finding the notice of hearing was properly served, and finding the violation did exist but was CORRECTED prior to today's hearing, the Respondents arefound GUILTY of the alleged violation(s) and are ordered to pay the Operational Costs in the amount of $150. 16 incurred by Code Enforcement during the prosecution of this case on or before October 2, 2006. The Respondents are ALSO ORDERED to pay a civil penalty of$1,000 on or before October 2, 2006. 6. NEW BUSINESS - none 7. REPORTS - none 8. COMMENTS -none 9. NEXT HEARING DATE September 15,2006. There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 11 :00 AM. FOR THE COLLIER COUNTY SPECIAL MASTER HEARING Special Master, Brenda Garretson 9