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Spec Master Minutes 11/17/2006 November 17, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, November 17,2006 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 8:50 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: Sue Chapin - Secretary to the Special Master Dennis Mitchell- Code Enforcement Supervisor Jeff Wright - Assistant County Attorney HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: November 17, 2006 8:30 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 A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES 2. APPROVAL OF AGENDA 4. PUBLIC HEARINGS 3. APPROVAL OF MINUTES -November 6, 2006 A. MOTIONS B. STIPULATIONS: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006090342 DA VILLIER SABIHA RENALD PAUL ORDINANCE 2004-41 SEC 2.01.00(A) UNLICENSED VEHICLES 2006090354 BRIAN C. CAPOSSELA RENALDPAUL ORDINANCE 2005-44 SEC 6,7,8 LITTER 2006090843 CLOVIS L. & RUBY N. HICKS RENALD PAUL ORD. 2004-41 SEC 4.05.03(A) MULTIPLE VEHICLES ON GRASS 2006090844 JESUS MONTANEZ & CYNTHIA CAMPO RENALD PAUL ORD. 2004-41 SEC 4.05.03(C) MULTIPLE VEHICLES ON GRASS C. HEARINGS 1. CASE NO: SO 134475 OWNER: MARK BAKER OFFICER: CPL. P. MOPES VIOLATIONS: ORD. 130-66 EMERGENCY LANE 2. CASE NO: SO 151899 OWNER: ROBERT HOLMES OFFICER: L.KELLER VIOLATIONS: ORD. 130-67 HANDICAPPED VIOLATION 3. CASE NO: SO 132931 OWNER: MARVIN KLEIN OFFICER: KLINKMANN VIOLATIONS: ORD. 130-67 HANDICAPPED VIOLATION 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 8. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS -11278 , 1127911280 & 11281 RAUL DlAZ HINKLEY ORD. 14-36 SEC A 7 & A 2 SNAP/GROWLlSNARLlTHREATEN PERSONS / RUN @ LARGE DAS - 11234/11235/11236/11237/11238/ 11239/11240/11241/11242 11243/11244/11245/11246 GREGORY COCHRAN HINKLEY ORD. 14-36 SEC A 7 & A 2 - SEC (A)(1),( A)(2), (A),(5) FAILURE TO VACCINATE SNAP/GROWLlSNARLlTHREA TEN PERSONS / RUN @ LARGE DAS 11282 CHARLES OSTRACCO HINKLEY ORD. 14-41 SEe. (A) (10) MOTOR VEHICLE UNATTENDED 2006060287 SUSAN SPEARS RUSLL LONGWORTH ORD. 2004-41 SEC 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES 2006070299 JOSE A ORTEGA HEINZ BOX ORD. 2004-41 SEC 2.02.03 AUTO REPAIR BUS 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 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: VIOLATIONS: 2006060433 ROQUELINA PINERO HEINZ BOX ORD. 2004-58 SEC 7(2) RENTAL REG 2006090845 MINERVA C. OLIVAREZ RENALD PAUL ORD. 2004-41 SEC 4.05.03(C) MULTIPLE VEHICLES ON GRASS 2006080930 ELAINE DELORIS CHOICE RENALD PAUL ORD. 2005-44 SEC 7 LITTER 2006081190 LESLIE J & LOIS R HARVEY RENALD PAUL ORD. 2004-41 SEC 4.05.03(A) VEHICLE ON GRASS 2006100018 FLA VIO PINEROS & DEGNY AURORA RENALD PAUL ORD. 2004-41 SEC 2.01.00(A) UNLICENSED VEHICLES 2006081187 FELIP A CRESPO RENALD PAUL ORD. 2005-44 SEC 6,7,8 LITTER 2006080912 DUMITRU & OLIMPIA SABAU RENALD PAUL ORD. 2004-41 SEC 2.01.00(A) UNLICENSED VEHICLES 2006050093 ORALIA MARTINEZ e. PEREZ ORD. 2004-41 SEC 2.01.00(A) UNLICENSEDIINOPERABLE VEHICLE 2006070626 GELACIO H & ROSA CRUZ e. PEREZ ORD. 2004-41 SEC 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: 21. CASE NO: OWNER: OFFICER: VIOLA TIONS: 22. CASE NO: OWNER: OFFICER: VIOLATIONS: 23. CASE NO: OWNER: OFFICER: VIOLATIONS: 24. CASE NO: OWNER: OFFICER: VIOLATIONS: 25. CASE NO: OWNER: OFFICER: VIOLATIONS: 26. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006080131 PEDRO & ANTONIA HERNANDEZ & JUAN HERRERA THOMAS KEEGAN ORD. 2004-58 SEC 6 SUB SEC 12B,C,F,G,H,I,J,K,M,& R PROPERTY MAINTENANCE & HOUSING VIOLATIONS 2006070971 MARY ANN GARCIA THOMAS KEEGAN ORD. 2004-58 SEC 6 SUB SEC 12B,C,F,G,H,I,Q,R, 19A & B PROPERTY MAINTENANCE & HOUSING VIOLATIONS 2006011099 RICHARD LEVINE THOMAS KEEGAN ORD. 2004-58 SEC 7 SUBSEC (2) RENT. REG FINES 2006070385 DALPHEUS D. CHRISTOPHER e. SYKORA ORD. 2004-58 SEC 7 RENTAL REG 2006070795 SERGIO R. & EVA SILVA JOHN SANTAFEMIA ORD. 2004-58 SEC 6 SUB SEC 1,5,12B,C,I,M,P,19A & B MINUMUM HOUSING 2006070802 YERANIA LOPEZ JOHN SANT AFEMIA ORD. 2004-58 SEC 6 SUB SEC 12,C,I,P MINUMUM HOUSING 2006080581 BERNADINO GUERRERO JOHN SANT AFEMIA ORD. 2004-58 SEC 6 SUB SEC 121, & 19A NUMERUOS BROKEN WINDOWS & LITTER 2006050618 HITCHING POST HOA 1. MUCHA ORD. 2004-58 SEC SUBSEC(II) ELECTRICAL CODE VIOLATION 2006090849 SERGIO R. & EVA SIL VA JOHN SANT AFEMIA ORD. 2004-58 SEC 6 SUB SEC 1,5,12B,C,I,M,P,19A & B MINUMUM HOUSING 27. CASE NO: OWNER: OFFICER: VIOLATIONS: 28. CASE NO: OWNER: OFFICER: VIOLATIONS: 29. CASE NO: OWNER: OFFICER: VIOLATIONS: 5. OLD BUSINESS - 2006090849 JOAQUIN & MAD GALENA SANTIAGO J. MUCHA ORD. 2004-41 SEC 10.02.06(B)(I)(A), 1O.02.06(B)(1)(E), 10.02.06(B)(E)(I), FLA BLDG CODE 2004 EDITION SEe. 105.1 AN ADDITION ADDED TO REAR STRUCTURE WITHOUT A PERMIT 2006080625 IRINEO & ALMA CASTILLO 1. MUCHA ORD. 2003-37 SEC 5 R.O.W. VIOLATION 2006081023 HENRY TESNO & JILL WEAVER 1. MUCHA ORD. 2004-58 SEC 6 SUB SEC 1,4,5,9,1O,11,12B,I,K,L,O,P,19A,B,C,D & 20 REPEAT-NUMEROUS MINIMUM HOUSING VIOLATION A. Request for Imposition of Fines/Liens: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11106 AIMEE STEPHENSON A. MARTINDALE ORD. 14-36 (A) (8) ALLOW DOG TO BARK/WHINE/HOWL SO-133506 SCOTT ROTH T. CORNELIUS ORD. 130-66 DBLPARKED 6. NEW BUSINESS A. Request for Reduction of Fines 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 7. REPORTS N/A 8. COMMENTS SO-151777 EMILIO TURROS L. KELLER ORD. 130-67 HANDICAP VIOLATION NO HEARINGS SCHEDULED FOR THE MONTH OF DECEMBER. HEARINGS WILL RESUME JANUARY 2007, WISHING EVERYONE HAPPY HOLIDAYS. 9. NEXT MEETING DATE - TBA 10. ADJOURN November 17, 2006 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. 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: 8:58 A.M. RECONVENED: 9:26 A.M. 2. APPROVAL OF AGENDA Dennis Mitchell proposed the following amendments: (a) Change Collier County Deputy Sheriff from "Mopes" to "Mapes" (Citation SO 134475; Item 1 - Public Hearings). Deputy Mapes could not be present and requested a continuance in this case. The Respondent will be advised that the case is continued until the next Hearing which is scheduled for January 5, 2007. (b) Citation SO 132931 (Item 3), Deputy has requested to be heard at the end of the Stipulations so that he can enter the parties' verbal stipulation on the record. (c) In regard to Items 4, 5 and 6, Domestic Animal Services Officer Hinkley requested a Continuance due to a back injury. The Respondents will be advised that their case is continued until the next Hearing which is scheduled for January 5, 2007. (d) Added Stipulations: Agenda Numbers 10, 12, 14, 17, 18,21,22,23 and 28. (e) Case 26 is a duplicate entry and is to be stricken. The Special Master approved the agenda as amended. 3. APPROVAL OF MINUTES - November 6, 2006 The Minutes of the Special Master Hearing for November 6, 2006 were reviewed by the Special Master and approved as submitted. 4. PUBLIC HEARINGS A. MOTION FOR CONTINUANCE - None 2 November 17,2006 B. STIPULA TIONS 1. Case # 2006090342 - BCC vs. Sabiha Davillier The Hearing was requested by Code Enforcement Officer Renald Paul who was present. The Respondent was not present. Violation(s): 2004-41, See 2.01.00(A) Unlicensed vehicles 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. The Respondent has paid Operational Costs in the amount of $127.26 which was incurred during the prosecution of this case. 2. Case # 2006090354 - BCC vs. Brian C. Capossela The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): 2005-44, Sec. 6, 7 & 8 Litter 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. The Respondent has paid Operational Costs in the amount of $115.89 which was incurred during the prosecution of this case. 3. Case # 2006090843 - BCC vs. Clovis L. & Rubv N. Hicks The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): 2004-41, Sec. 4.05.03(A) Multiple vehicles on grass A 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, Respondents arefound GUILTY of the alleged violation. The Respondents are ordered to pay Operational Costs in the amount of $124.13 incurred during the prosecution of this case on or before December 17, 2006. 3 November 17, 2006 4. Case # 2006090844 - BCC vs. Jesus Montanez & Cynthia Campo The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): 2004 - 41, Sec. 4.05.03(C) Multiple vehicles on grass A 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, Respondents are found GUILTY of the alleged violation. The Respondents are ordered to pay Operational Costs in the amount of $127.26 incurred during the prosecution of this case on or before December 17, 2006. 14. Case # 2006081187 - BCC vs. Felipa O. Crespo The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. The Respondent's daughter, Oresta O. Nunez, was authorized by her mother to sign the Stipulation and provided a notarized letter to Code Enforcement. Violation(s): 2005-44, Sec. 6, 7, & 8 Litter 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 is found GUILTY of the alleged violation. The Respondent is ordered to pay Operational Costs in the amount of $126.03 incurred during the prosecution of this case on or before December 17,2006. The followine: Continued cases were clarified. Case #1 - SO 134475 is CONTINUED. The Respondent was not present at this Hearing, and will be notified of the new Hearing date. Case #4, the Respondent, Raul Dias, was present. The Special Master questioned the Respondent as to his understanding of why the Hearing was being CONTINUED. He said that he didn't know why he had received a Notice. The Special Master suggested that he contact Domestic Animal Services and to ask for Officer Anita Martindale in order to see if this matter could be settled before the next Hearing. Case #5, a Domestic Animal Services case, was CONTINUED. The Respondent had been present, but did not remain for this Hearing. He will be notified of the new Hearing date. 4 November 17, 2006 Case # 6, the Respondent Charles Ostracco, was present. The Special Master asked ifhe understood the reason for his case being continued. Mr. Ostracco will pay the fine. 18. Case 2006080131- BCC vs. Pedro & Antonia Hernandez and Juan Herrera This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent, Antonia Hernandez, and her daughter, Frances Hernandez, were also present. Violation(s): 2004-58, Sec. 6, 12B, C, F, G, H, I, J, K, M & R Property Maintenance and housing violations A stipulation was agreed upon by the Respondents. Address of violation: 1009 Walking Stick Lane, Collier County Juan Herrera sold the property to Pedro and Antonia Hernandez, but his name had not been removed as owner of this property. The County did not object to the dismissal of Juan Herrara as a Respondent in this matter. Finding the notice of hearing was properly served, Respondents are found GUILTY of the alleged violation(s) and are ordered to obtain a demolition permit in fourteen days, on or before December 1,2006, and remove the mobile home by on or before December 29,2006, or afine of$500 will be imposed. If the mobile home is not removed or demolished by December 29, 2006, Collier County is directed to demolish it and to assess the costs to the Respondents. The Respondents are ordered to pay Operational Costs in the amount of $111.30 incurred during the prosecution of this case on or before December 17, 2006. Respondents are to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 17. Case # 2006070626 - BCC vs. Gelacio and Rosa Cruz This Hearing was requested by Code Enforcement Investigator Christina Perez who was present. The Respondents were not present. Violation(s): 2004-41, Sec. 2.01.00(A) Unlicensed/inoperable vehicles A 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, Respondents arefound GUILTY of the alleged violation. The Respondents are ordered to pay Operational Costs in the amount of $125.35 incurred during the prosecution of this case on or before December 17,2006. 5 November 17,2006 28. Case # 2006080625 - BCC vs. Irineo and Alma Castillo This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondents were not present. Violation(s): 2003-37, Sec. 5 R.O.W. violation A Stipulation was agreed upon by the Respondents. Address of violation: 5350 Martin Street, Collier County Finding the notice of hearing was properly served, and finding the violation did exist but was CORRECTED prior to today's Hearing, Respondents arefound GUILTY of the alleged violation. The Respondents are ordered to pay Operational Costs in the amount of $125.1 0 incurred during the prosecution of this case on or before December 17, 2006. 21. Case #k 2006070385 - BCC vs. Dalpheus D. Christopher This Hearing was requested by Code Enforcement Field Supervisor Carol Sykora who was present. The Respondent was not present. Violation(s): 2004-58, Sec. 7 Rental registration A Stipulation was agreed upon by the Respondent. Address of violation: 407 Jones Street, Collier County Finding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation and is ordered to obtain a valid Collier County rental registration or before November 27,2006, or afine of $25. 00 per day will be imposedfor each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs in the amount of $137.30 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 22. Case # 2006070795 - BCC vs. Sen?:io & Eva Silva This Hearing was requested by Code Enforcement Property Maintenance Specialist John Santafemia who was present. Sergio Silva is deceased. The Respondent, Eva Silva, was not present. Violation(s): 2004-58, Sec. 6, subsections 1, 5, 12B, C, I, M, P, 19A & B Minimum housing 6 November 17,2006 A Stipulation was agreed upon by the Respondent. Address of violation: 309 South Sixth Street, Collier County Finding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation and is ordered to either (1) repair all minimum violations on or before February 17,2007, or (2) to obtain a demolition permit and to complete demolition on or before February 17, 2007, or afine of $250 per day will be imposedfor each day the violation remains thereafter. If the Respondent has not abated the violations by that date, Collier County is directed to abate the violations by demolition and to assess the costs to the Respondent. The Respondent is ordered to pay Operational Costs in the amount of $144. 86 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 23. Case # 2006070802 - BCC vs. Yerania Lopez This Hearing was requested by Code Enforcement Property Maintenance Specialist John Santafemia who was present. The Respondent was also present. Violation(s): 2004-58, Sec. 6, subsections 12C, I, P Minimum housing A Stipulation was agreed upon by the Respondent. Address of violation: 616 Doke Avenue, Collier County Finding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation and is ordered to either repair all minimum violations on or before December 1, 2006, or a fine of $250 per day will be imposed for each day the violation remains thereafter. Alternatively, the Respondent may obtain a demolition permit on or before December 1, 2006, and complete demolition on or before December 17, 2006, or a fine of $250 per day will be imposed for each day the violation remains thereafter. If the Respondent has not abated the violations, Collier County is directed to abate the violations by demolition and to assess the costs to the Respondent. The Respondent is ordered to pay Operational Costs in the amount of $144.86 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 10. Case #2006090845 - BCC vs. Minerva C. Olivarez The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): 2004-41, Sec. 4.05.03(C) 7 November 17, 2006 Multiple vehicles on grass A Stipulation was agreed upon by the Respondent. Finding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation and is ordered to abate the violations by moving the vehicles to a proper surface on or before November 20, 2006, or a fine of $50 per day will be imposed for each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs in the amount of $120. 99 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 12. Case #2006081190 - BCC vs. Leslie and Lois Harvev The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): 2004-41, Sec. 4.05.03(C) Vehicles on grass A Stipulation was agreed upon by the Respondents. Finding the notice ofhearing was properly served, Respondents are found GUILTY of the alleged violation and are ordered to abate the violations by moving the vehicles to a proper surface on or before November 20, 2006, or a fine of $50 per day will be imposed for each day the violation remains thereafter. The Respondents are ordered to pay Operational Costs in the amount of $120.99 incurred during the prosecution of this case on or before December 17,2006. Respondents are to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. 3. SO 132931 - BCC vs. Marvin Klein The Hearing was requested by the Respondent who was present. Collier County Deputy SheriffPred Klinkmann was also present. Violation(s): 130-67 Handicapped violation Mr. Klein and Deputy Klinkmann met prior to the Hearing, and the Respondent changed his plea to guilty. Finding the notice of hearing was properly served, Respondent is found GUlL TY of the alleged violation and is ordered pay a fine of $250 on or before December 17,2006. Operational Costs were not assessed. 9. Case #2006060433 - BCC vs. ROQuelina Pinero 8 November 17,2006 The Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violation(s): 2004-41, Sec. 4.05.03(C) Vehic1es on grass A Stipulation was agreed upon by Gertrudes Pinero, as attorney-in-fact for his mother, Roquelina Pinero. Address of violation: 6066 Adkins Avenue, Collier County 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. The Respondent is ordered to pay Operational Costs in the amount of $131.40 incurred during the prosecution of this case on or before December 17, 2006. 24. Case # 2006080581 - BCC vs. Bernadino Guerrero This Hearing was requested by Code Enforcement Property Maintenance Specialist John Santafemia who was present. The Respondent was also present. Violation(s): 2004-58, Sec. 6, subsections 12 I, & 19A Numerous broken windows and litter A Stipulation was agreed upon by the Respondent. Address of violation: 1407 Apple Street, Collier County Finding the notice of hearing was properly served, Respondent is found GUILTY of the alleged violation and is ordered to repair all minimum housing violations on or before March 17, 2006, or a fine of $250 per day will be imposed for each day the violation remains thereafter. The Respondent is ordered to pay Operational Costs in the amount of $137.63 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur that the violation has been abated. RECESS: 10:31 AM RECONVENED: 10:51 AM 2. SO 151899 - BCC vs. Robert Holmes The hearing was requested by the Respondent who was present. Collier County Deputy SheriffL. Keller was also present. 9 November 17,2006 Violation(s): 130-67 Handicapped violation The Respondent introduced photographs into evidence which were marked as Composite Exhibit "A". Deputy Keller introduced photographs into evidence which were marked as County's Composite Exhibit "B". Finding the notice ofhearing was properly served, Respondent is found GUILTY of the alleged violation and is ordered to pay a civil penalty of $250 on or before December 17, 2006. The Respondent is ordered to pay Operational Costs in the amount of $50 incurred during the prosecution of this case on or before December 17, 2006. 6. NEW BUSINESS A. Request for Reduction of Fines 1. SO 151777 - BCC vs. Emilio Turros The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff L. Keller was present. Violation(s): 130-67 Handicapped violation Deputy Keller informed the Court that, while the Respondent had requested the Hearing, he was, again, not present. The Respondent had not been present for his initial hearing. The Respondent had received notification of this Hearing via certified mail. The Special Master DENIED the requestfor a reduction offines. 20. Case # 2006011099 - BCC vs. Richard Levine The Hearing was requested by the Respondent. Code Enforcement Officer Thomas Keegan was present. Violation(s): 2004-58, Sec. 7(2) Rent. Reg fines Address of violation: 8065 Friendship Lane, Collier County The Special Master ordered that no late fees, fines or costs are to be assessed. Carol Sykora, Code Enforcement Field Supervisor, stated that she would assist Mr. Levine to be certain that he receives the Rental Registration. 27. Case # 2005090849 - Joaquin & Maedalena Santiaeo The Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was also present. Victoria Cruz served as translator. 10 """-'"""';_"~_'M_""."_r.'"".,_.__"""",,,,,____,_, ., November 17,2006 Violation(s): 2004-41, Sec. 1O.02.06(B)(l)(A), (B)(l)(E), (B)(E)(i), Fla. Bldg. Code 2004 Edition Sec. 105.1 An addition added to rear structure without a permit Address of violation: 5241 Gilcrest Street, Collier County Investigator Joe Mucha introduced various photographs as County Composite Exhibits "A," "B" and "C". Finding that the notice of hearing was properly served, the Respondents are found GUlL TY of the alleged violation(s) and are ordered to pay a fine of $1 00 for a repeat violation on or before January 17, 2006. The Respondent is to apply for a permit for the un-permitted addition, request all inspections and obtain a certificate of occupancy, or obtain a demo permit and remove said structure and all materials from the property. Permits must be applied for by December 1,2006, and must obtain a certificate of occupancy/completion on or before January 17, 2006, or a fine of $50 per day will be imposed for each day the violation remains thereafter. Respondents are ordered to pay Operational Costs in the amount of $125.1 0 incurred during the prosecution of this case on or before January 17, 2006. Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 13. Case # 2006100018 - BCC vs. Flavio Pineros & Deenv Aurora The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondents were also present. Violation(s): 2004-41, Sec. 2.01.00(A) Unlicensed vehicles Address of violation: 2224 Sunshine Blvd., Collier County Finding that the notice of hearing was properly served, the Respondents are found GUILTY of the alleged violation(s) and are ordered to pay afine of$250 on or before January 17,2007, and to register all vehicles on the property on or before December 1, 2006, or a fine of $1 00 per day will be imposed for each day the violation remains thereafter. Respondents are ordered to pay Operational Costs in the amount of $120. 99 incurred during the prosecution of this case on or before January 17,2007. Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 29. Case # 2006081023 - BCC vs. Henrv Tesno and Jill Weaver County Attorney Jeff Wright asked the Court to first address the Request for Continuance that was sent to his office at 7: 12PM by an attorney representing the Respondents. He pointed out that the Respondents own approximately 12 to 15 properties in Collier County and that there have been Code Enforcement proceedings on at least 7 of these properties. 11 November 17,2006 Since the Respondents are very familiar with this process, he objected to the Request for a Continuance. Investigator Joe Mucha also objected to the request because this is a second repeat violation. The Special Master questioned Mr. Mucha as to whether there had been compliance with the Order that was entered on September 1, 2006. Investigator replied affirmatively. The Special Master then asked the Respondent, Jill Weaver, for her response on the issue of Continuance. The Respondent stated her attorney did not receive a "charging document," and he was requesting a Continuance until he received that document. Mr. Wright stated that the attorney's letter indicated that there are "meritorious defenses" to the charges. Investigator Mucha also stated that since this was a repeat violation, he did not have to re- notice the Respondents. The Special Master concurred that the Respondents' attorney could not have stated that there were "meritorious defenses" ifhe had not seen the charges. As Special Master started to swear in the Respondents, Respondent Weaver began talking into her cell phone. The Special Master cautioned her to end the phone call and the Respondent left the Hearing Room. The Special Master then swore in Mr. Tesno. The Special Master DENIED the request for a Continuance because the Respondent removed herself from the proceeding, thus preventing the Special Master from questioning her. The Special Master called for an Officer after the Respondent again entered the room being disruptive. The Special Master admonished the Respondent that she was close to being held in contempt of Court due to her behavior. The Special Master asked her to control herself and not speak out on a whim, or shout into the Hearing Room from the hall. The Special Master again advised her to be quiet. The Special Master pointed out that their Motion for Continuance should have been filed at least ten days prior to the Hearing. In the attorney's letter, he directs the Special Master to hear his motion on the Friday after Thanksgiving. Ms. Weaver again interrupted the Special Master and the Special Master asked to have her removed from the Hearing Room by the Officer. The Special Master also pointed out that the attorney was asking for a Continuance without giving any reason as to why he could not appear at the Hearing. The letter did not state what the "meritorious defenses" were, which would have given the Special Master something to consider. The Special Master asked Mr. Tesno ifhe could speak on behalf of Ms. Weaver so that he could be heard. He then excused himself and removed himself from the Hearing Room. 12 November 17, 2006 The Special Master entered into the record that as Mr. Tesno was leaving the Hearing Room, he said that he would be back. He also stated he would probably "see us in Federal Court." The Special Master also noted for the record that she had received a crumpled letter from Ms. Weaver, a copy ofa faxed document which was dated November 16,2006 at 19: 12 military time, or 7: 10 PM, which is after the close of business. The Special Master asked if someone would check the hall to see if the Respondents were still present. The Special Master stated she would allow Ms. Weaver back into the Hearing Room if she had composed herself sufficiently to participate in the proceedings in an orderly manner. The Secretary to the Special Master stated that the Respondents had left. The Special Master ordered that the Hearing would proceed in their absence. This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondents were not present at this time. Violation(s): 2004-58, Sec. 6, Sub. Sec. 1,4,5,9,10, 11, 12B, I, K, L, 0, P, 19A, B, C, D, and 20 Repeat violations - numerous minimum housing violations Address of violations: 3180 VanBuren Avenue, Collier County Investigator Mucha introduced photographs into evidence. The Special Master then questioned him as to whether or not the Respondents had first seen the photographs. Mr. Mucha stated the Respondents were given the packet of photographs. (The Special Master determined that since this Hearing would be lengthy, she would suspend it until all other matters had been heard.) 5. OLD BUSINESS Request for Imposition of Fines/Liens (a) Case # DAS 11106 - BCC vs. Aimee Stephenson The Special Master had heard this case on November 6,2006. An email from Domestic Animal Services was forwarded to the Respondents and reviewed by the Special Master. The Respondent and her husband were present. When questioned by the Special Master, Richard Stephenson stated that they had made changes to the dogs' schedules. They had also adjusted their own schedules with regard to running their business in order to accommodate the changes to the dogs' schedule. The "no- bark" collars were also purchased. The Respondents have now retained counsel. They respectfully requested a Continuance so their attorney could contact Mr. Mitchell and the Domestic Animal Services officer directly. 13 November 17, 2006 DAS Officer Anita Martindale was not present, but did inform Mr. Mitchell that she received further complaints that she would be investigating. The Special Master declared that the Respondents had given their status report as previously ordered, and that their request for a Continuance was GRANTED. The next Hearing date is January 5,2007. (b) SO 133506 - BCC vs. Scott Roth Mr. Mitchell stated that the Special Master had asked to be informed if the Respondent had paid the citation within the ten days that he had requested pursuant to his oral stipulation with the Deputy Sheriff. Mr. Mitchell stated that the Respondent had not paid the citation fine. The Special Master ordered the case to be reheard on January 5, 2007, and ordered that Mr. Roth is to be notified that the issue of non-payment was being brought back before the Special Master at that time. 7. Case # 2006060287 - BCC vs. Susan Spears The Hearing was requested by Code Enforcement Investigator Russ Longworth who was present. The Respondent was not present. Violation(s): 2004-41, Sec. 2.01.00(A) Unlicensedlinoperable vehicles Address of violation: 272 Maple Lane, Collier County Investigator Longworth stated that this is a reoccurring violation. He also stated that he posted the property as the method of notification. Finding that the notice of hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to pay a fine of $1 00 on or before December 17, 2006. Respondent is ordered to either obtain a current license for the vehicle or to remove the vehicle from the property on or before December 1, 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 $219.34 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 8. Case # 2006070299 - BCC vs. Jose A. Orte2a The Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was not present; Violation(s): 2004-41, Sec. 2.02.03 Auto repair business 14 November 17,2006 Address of violation: 3107 Karen Drive, Collier County Investigator Box stated that this was a repeat violation and provided the Special Master with copies of previous case histories. Finding that the notice of hearing was properly served, the Respondent is found GUILTY of the repeat violation(s) and is ordered to pay afine of$1,000 on or before December 17, 2006. Respondent is ordered to immediately cease the operation of automotive repair business at this property on or before November 20, 2006. The Respondent is ordered to remove all vehicles and all mechanical equipment from the property on or before December 1, 2006, or a fine of $500 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $150.61 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 11. Case # 2006080930 - BCC vs. Elaine Deloris Choice The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): 2005-44, Sec. 7 Litter Investigator Paul introduced a packet of photographs into evidence as County's Composite Exhibit "A". Finding that the notice of hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to remove all litter and trash from the property or before November 27, 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 $120. 99 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 15. Case # 2006080912 - BCC vs. Dumitru and Olimpia Sabau The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): 2004-41, Sec. 2.01.00(A) Unlicensed vehicles Address of violation: 4664 Golden Gate Parkway, Collier County Investigator Paul introduced photographs into evidence as County's Composite Exhibit "A". 15 November 17, 2006 Finding that the notice of hearing was properly served, the Respondents are found GUILTY of the alleged violation(s) and are ordered to obtain a valid license plate for each vehicle stored on the property or before November 27,2006, or afine of $50 per day will be imposed for each day the violation remains thereafter. Respondents are ordered to pay Operational Costs in the amount of $120.99 incurred during the prosecution of this case on or before December 17, 2006. Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated 16. Case # 2006050092 - BCC vs. Oralia Martinez This Hearing was requested by Code Enforcement Investigator Christina Perez who was present. The Respondent was not present. Violation(s): 2004-41, Sec. 2.01.00(A) Unlicensed/inoperable vehicle Address of violation: 676 EI Paso Trail, Collier County 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. The Respondent is ordered to pay Operational Costs in the amount of $119.87 incurred during the prosecution of this case on or before December 17,2006. 19. Case # 2006070971- BCC vs. Marv Ann Garcia This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. . The Respondent was not present. Violation(s): 2004-58, Sec. 6, subsections 12B, C, F, G, H, I, Q, R, 19A and B Property maintenance and housing violations Address of violation: 404 Adams Avenue West, Collier County Finding that the notice of hearing was properly served, the Respondent is found GUlL TY of the alleged violation(s) and is ordered to obtain a Collier County demolition permit and remove the trailer from the property on or before November 29, 2006, or a one time fine of $500 will be imposed. If the Respondent has not abated the violations, Collier County is directed to abate the violations by demolition and to assess the costs to the Respondent. Respondent is ordered to pay Operational Costs in the amount of$125.01 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated 16 November 17, 2006 25. Case # 2006050618 - BCC vs. Hitchin2 Post HOA The Hearing was requested by Code Enforcement Investigator Joe Much who was present. The Respondent was not present. Violation(s): 2004-58, Sec. 6, subsection (11) Electrical code violations Address of violation: 20 Navajo Trail, Collier County Finding that 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 by complying with a "Correct" Work Order issued by the Collier County Building Inspection Department, on or before December 17, 2006, or a fine of $50 will be imposed. Respondent is ordered to pay Operational Costs in the amount of $157.34 incurred during the prosecution of this case on or before December 17, 2006. Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated RECESS: 1 :00 PM RECONVENED: 1:10 PM 29. Case # 2006081023 - BCC vs. Henrv Tesno and Jill Weaver (Cont'd.) The Special Master ordered the record to reflect that, during the last recess, while she was in the hall speaking to a Legislative Aide, she was approached by Respondent Weaver who tried to discuss the case. The Special Master advised Ms. Weaver that she could not speak to her outside of the Hearing Room and directed her to County staff. On September 13,2006, Investigator Mucha was accompanied to 3180 Van Buren Avenue by Collier County Deputy Sheriff Mike Nelson. He stated this is a second repeat violation at this location. Investigator Joe Mucha introduced a large packet of photographs taken, on September 13, 2006, which were entered into evidence as County's Composite Exhibit "A", as follows: Photograph #1 - front of mobile home, litter Photograph #2 - side view of mobile home - overgrown foliage Photograph #3 - another side view, litter Photograph #4 - interior litter - chair in foreground Photograph #5 - interior litter, hanging electrical wire near door Photograph #6 - front door with missing panes - towel over window - locks on outside Photograph #7 - uncovered light switch Photograph #8 - water heater Photograph #9 - close-up of water heater - missing cover Photograph #10 - kitchen Photograph #11 - wall with machete (bedroom) Photograph #12 - hanging light switch - electrical problem Photograph #13 - bedroom floor - bare plywood flooring - no carpeting Photograph #14 - stove with a lamp shade sitting on it - fire hazard 17 November 17, 2006 Photograph #15 - broken sliding glass door with debris Photograph #16 - bathtub - missing water valve handle Photograph #17 - another electrical issue - wires Photograph #18 - toilet without top and not secured to floor Photograph #19 - another photograph of the toiler Photograph #20 - ceiling fan that is improperly attached Photograph #21 - windows without panes - with black cloth cover The remaining photographs depict electrical violations, litter violations, and windows without panes. The Special Master noted for the record that she was making her decision based upon the evidence presented in the above photographs. Finding that the notice ofhearing was properly served, the Respondents are found GUILTY of the second repeat violation(s), and are ordered to pay a civil penalty of $5,000 on or before December 17, 2006. Respondents are ordered to (1) repair all minimum housing violations on or before December 17, 2006, or (2) demolish and remove the mobile home from the property on or before December 17, 2006, or afine of$1,000 per day will be imposedfor each day the violation remains thereafter. If the Respondents have not abated the violations by December 17, 2006, Collier County is directed to abate the violations by demolition and to assess the costs to the Respondent. Respondents are ordered to pay Operational Costs in the amount of $141.42 incurred during the prosecution of this case on or before December 17,2006. Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. The County is requested to send a Building Inspector(s) to accompany the Investigator when he inspects the site for compliance with the terms of this Order. 7. REPORTS - none 8. COMMENTS - No hearings will be scheduled for the month of December. 9. NEXT HEARING DATE - January 5,2007, at 8:30 AM. ***** There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 1 :42 PM. FOR THE COLLIER COUNTY SPECIAL MASTER HEARING Special Master, Brenda Garretson 18