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CESM Minutes 03/02/2007 March 2, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, March 2, 2007 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 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson Sue Chapin - Secretary to the Special Master COUNTY STAFF PRESENT: Jeff Wright - Assistant County Attorney Dennis Mitchell - Code Enforcement Supervisor HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: March 2, 2007 at 8:30 A.M. Location: 3301 E. Tamiami Trail, Naples, Florida, Collier Connty Government Center Administrative Bnilding "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 IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MASTER SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Master Brenda Garretson presiding II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - February 16, 2007 IV. MOTIONS FOR CONTINUANCE V. PUBLIC HEARINGS CASE NO: 2006011073 (ARTICLE VI, A, 4) A. Stipulations B. Heariugs I. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11270 MATTHEW CLINTON HUBBARD DA VID G. LEVITT #112 ORD. 14-36, PARA. A(2) ALLOWING DOG TO RUN AT LARGE VIOLATION ADDRESS: 2396 SPRUCE STREET , 2. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11195 JAMES ALLEN GIDDENS KURT ZETTLER #114 ORD. 14-36, PARA. A(2) ALLOWING DOG TO RUN AT LARGE VIOLATION ADDRESS: HIGHLAND DRIVE 3. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11155 MELISSA COMPOS WILLIAM GEORGE #113 ORD. 14-36. PARA. A(2) ALLOWING ANIMAL TO RUN AT LARGE VIOLATION ADDRESS: 561 lITH STREET SW ~ 4. CASE NO: DAS 11158 , 7. . 8. OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: MONICA ZAMARANO WILLIAM GEORGE #113 ORD. 14-41, SEC. (A)5 LEAVING AN ANIMAL IN A VEHICLE WITHOUT WATER AND PROPER VENTILATION UNATTENDED. 5054 AIRPORT ROAD DAS 1I121 LEANN NORRIS ANITA MARTINDALE ORD. 14-36, PARA. A(2) ALLOWING A DOG OR CAT TO RUN AT LARGE VIOLATION ADDRESS: BIRDSONG LANE 6. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11122 LEANN NORRIS ANITA MARTINDALE ORD. 14-36, PARA. A(2) ALLOWING A DOG OR CAT TO RUN AT LARGE VIOLATION ADDRESS: BIRDSONG LANE CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11067 ENRIQUE ACEVEDO JORGE ARAUJO ORD. 14-36, PARA. A(2) ALLOWING DOG TO RUN AT LARGE DAS 11 069 BERNARDO CRUZ JORGE ARAUJO ORD. 14-36, PARA. A(7) SHEPARD SNAPPED & GROWLED, OTHERWISE THREATENED PERSON VIOLATION ADDRESS: 3590 RANDALL BLVD. 9. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 1I070 BERNARDO CRUZ JORGE ARAUJO ORD. 14-34, PARA. (A) FAILURE TO LICENSE ANIMAL VIOLATION ADDRESS: 3581 RANDALL BL VD. 10. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11071 BERNARDO CRUZ JORGE ARAUJO ORD. 14-36, PARA. A(7) SHEPARD SNAPPED & GROWLED, OTHERWISE THREATENED PERSON VIOLATION ADDRESS: 3590 RANDALL BLVD. 11. CASE NO: OWNER: DAS lIon BERNARDO CRUZ I 12. OFFICER: JORGE ARAUJO VIOLATIONS: ORD. 14-34, PARA. (A) FAILURE TO LICENSE ANIMAL VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11215 WILLIAM BREEN PAUL MORRIS ORD. 14-36, PARA. A(2) ALLOWING DOG TO RUN AT LARGE VIOLATION ADDRESS: 230 16TH STREET NE 13. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11218 WILLIAM BREEN PAUL MORRIS ORD. 14-34, PARA. (B) FAILURE TO VACCINATE VIOLATION ADDRESS: 230 16TH STREET NE 14. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11219 WILLIAM BREEN PAUL MORRIS ORD. 14-36, PARA. A(5) 1ST AGGRA V A TED: TO TRESPASS AND DESTROY PUBLIC PROPERTY VIOLATION ADDRESS: 230 16TH STREETNE 15. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11220 PAULA SOARES PAUL MORRIS ORD. 14-36, PARA. A(2) ALLOWING DOG TO RUN AT LARGE VIOLATION ADDRESS: 230 16TH STREET NE 16. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 1I221 PAULA SOARES PAUL MORRIS ORD. 14-34, PARA. A(4) FAILURE TO AFFIX LICENSE VIOLATION ADDRESS: 230 16TH STREET NE 17. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11222 PAULA SOARES PAUL MORRIS ORD. 14-34, PARA. (B) FAILURE TO VACCINATE VIOLATION ADDRESS: 230 16TH STREET NE 18. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 1I223 PAULA SOARES PAUL MORRIS ORD. 14-36, PARA. A(5) 1ST AGGRAVATED: TO TRESPASS AND DESTROY PUBLIC PROPERTY VIOLATION ADDRESS: 230 16TH STREET NE . 19. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 1I224 WILLIAM BREEN PAUL MORRIS ORD. 14-34, PARA. A(4) FAILURE TO AFFIX LICENSE VIOLATION ADDRESS: 230 16TH STREETNE .20. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 002634 WALTERJ. KANE JR. CHRIS AMBACH ORD. SEe. 130-66, PARA. 2(F) PARKING WITHIN 100 FEET OF INTERSECTING RIGHT-OF- WAY VIOLATION ADDRESS: SUNSET DRIVE & GOOD LAND DRIVE 21. CASE NO: 2006070516 OWNER: JUAN LUIS & ANA OCANAS OFFICER: CRISTINE PEREZ VIOLATIONS: ORD. 04-41, SEe. 2.01.00(A) INOPERABLE/UNT AGGED VEHICLES VIOLATION ADDRESS: 4801 MIRAHAM DRIVE IMMOKALEE, FL 22. CASE NO: 2006070623 OWNER: JOSE FINA MUNOZ OFFICER: CRISTINE PEREZ VIOLATIONS: ORD. 05-44, SEe. 6, 7, & 8 UNLAWFUL LITTER VIOLATION ADDRESS: 3026 IMMOKALEE DRIVE IMMOKALEE, FL I 23. CASE NO: 2006120183 OWNER: JOSE FINA MUNOZ OFFICER: CRISTINE PEREZ VIOLATIONS: ORD. 04-41, SEC. 2.01.00(A) INOPERABLE/UNT AGGED VEHICLES VIOLATION ADDRESS: 3026 IMMOKALEE DRIVE IMMOKALEE, FL 24. CASE NO: 2006080378 OWNER: CAROL L. CANOVA OFFICER: CRISTINE PEREZ VIOLATIONS: ORD. 04-41, SEe. 2.01.00(A) INOPERABLE/UNT AGGED VEHICLES VIOLATION ADDRESS: 1605 CARSON ROAD IMMOKALEE, FL 25. CASE NO: 2006100235 OWNER: KELLY E. CAPOLINO OFFICER: JOE MUCHA VIOLATIONS: ORD. 04-58, SEe. 6, SUBSEe. 1,8,9,10,11, 12A,12B, 12C,121, 12J,12K,12L, 12M, 120,12P,12Q,12R, 19A,9B, 19C, 19D AND 20 I 26. VIOLATION ADDRESS: 2721 VANBUREN AVENUE MULTIPLE MINIMUM HOUSING CODE VIOLATIONS CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070273 PATRICE MOBLEY JOE MUCHA ORD. 04-58, SEe. 6, SUBSEC. 11,12C,12I, AND 12P MULTIPLE MINIMUM HOUSING CODE VIOLATIONS VIOLATION ADDRESS: 5260 DIXIE DRIVE 27. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006100656 NORBERTO AND JOSE F.A. DE LA ROSA THOMAS KEEGAN ORD. 04-41, SEC. 2.01.00(C COMMERCIAL VEHICLE/EQUIPMENT IN A RESIDENTIAL DISTRICT VIOLATION ADDRESS: 616 POINSETTA STREET 28. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006090205 WENDY I., KLODT STEVE ATHEY ORD. 04-58, SEC. 7(5) RENTAL REGISTRATION VIOLATION ADDRESS: 325 DUNES BLVD. #402, NAPLES 29. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 002331 JAMES S. CARRUTHERS HEINZ BOX ORD. SEe. 130-66, PARA. 2(F) UNLAWFUL PARKING - ALONG SIDE RAOD IN RIGHT OF WAY. VIOLATION ADDRESS: 1725 CAMELIA LANE VI. NEW BUSINESS A. Motiou for Imposition of Fines: ,I. . 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005030060 JOAN HANDSHAW CHRIS AMBACH ORD. 04-41, SEC. 10.02.06 & ORD. 04-58, SEe. 6 UNSAFE ACCESSORY STRUCTURE - NO PERMIT VIOLATION ADDRESS: 875 109TH AVENUE N. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005050256 STEPHEN W. SCHESSLER HEATHER GRIMSHAW ORD. 99-5 I, SEe. 6, 7 & 8 LITTER / ABANDONED ITEMS ON PROPERTY VIOLATION ADDRESS: 1216 ROSEMARY LANE 3. CASE NO: 2005110329 OWNER: TERESO BAUTISA & EMILIANA LPOEZ V AASQUEZ OFFICER: STEVE ATHEY VIOLATIONS: ORD. 04-41, SEe. 10.02.06 AL TERA TION OF RESIDENTIAL STRUCTURE WITHOUT PERMITS VIOLATION ADDRESS: 3545 23RD AVENUE SW , 4. CASE NO: 2005120555 OWNER: JOAQUIN & MAGDALENA SANTIAGO OFFICER: JEFF LETOURNEAU VIOLATIONS: ORD. 04-41, SEC. 10.02.06 NON-PERMITTED RENOVATIONS TO I ST FLOOR VIOLATION ADDRESS: 5349 TRAMMEL STREET 5. CASE NO: 2006011073 OWNER: MARIA MIRIA ZARAGOZA OFFICER: CARMELO GOMEZ VIOLATIONS: ORD. 04-41, SEe. 10.02.06 ADDITION TO HOUSE WITHOUT PERMIT VIOLATION ADDRESS: 1822 43RD STREET SW /6. CASE NO: CO-4229 OWNER: RONALD ZBIKOWSKI OFFICER: CHRIS AMBACH VIOLATIONS: ORD. 05-44, SEe. 6,7, & 8 LITTER VIOLATION ADDRESS: 291 lITH STREET SW 7. CASE NO: 2006030180 OWNER: ARCADIO ZEPEDA JR. & ALICIA Z LOPEZ OFFICER: THOMAS KEEGAN VIOLATIONS: ORD. 04-41, SEe. 2.01.00 UNLICENSED / INOPERABLE VEHICLE VIOLATION ADDRESS: 233 ADAMS AVENUE E. IMMOKALEE, FL 8. CASE NO: 2006030179 OWNER: ALICIA LOPEZ & ARCADIA ZEPEDA OFFICER: THOMAS KEEGAN VIOLATIONS: ORD. 05-44, SEe. 6,7, & 8 ACCUMULATION OF LITTER VIOLATION ADDRESS: 233 ADAMS A VENUE E. IMMOKALEE, FL . 9. CASE NO: 2005020227 OWNER: FERNANDO GUTIERREZ OFFICER: JOHN SANT AFEMIA VIOLATIONS: ORD. 04-41, SEe. 10.02.06 & ORD. 02-01, SEe. 104.1.1 GARAGE CONVERTED TO LIVING SPACE WITHOUT PERMIT VIOLATION ADDRESS: 310141STSTREET SW 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006040807 PAUL ZAINO EVERILO YBACET A FLORIDA BLDG CODE CHAINLINK & WOODEN PRIVACY FENCE WITHOUT PERMIT VIOLATION ADDRESS: 3341 CORANA WAY 11. CASE NO: 2006020919 OWNER: PAUL ZAINO OFFICER: EVERILO YBACET A VIOLATIONS: ORD. 04-41, SEe. 1O.02.06(B)(I)(A), 1O.02.06(B)(I)(D)(1) AND 2004 FLORIDA BLDG CODE, SEe. 105.1 NO PERMITS FOR EXTERIOR WINDOW OR SCREEN LANAI VIOLATION ADDRESS: 3341 CORANA WAY B, Motion for Reduction of Fiues: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005020443 RAFAEL MORALES & JUANA PEREZ JOE MUCHA ORD. 04-41, SEC 10.02.06 AND ORD. 2000-01, SEe. 104.1.1 & 105.5 GARAGE CONVERTED TO LIVING SPACE WITHOUT PERMIT VIOLATION ADDRESS: 5204 FLORIDIAN A VENUE vII. OLD BUSINESS A, Request to forward case for Collections / Foreclosure: VIII. CONSENT AGENDA - A, Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. IX. REPORTS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005020698 NAPLES SOUTH REALTY EVERILO YBACETA ORD. 04-41, SEC. 5.03.04 E TRASH DUMPSTER WITHOUT REQUIRED SCREENING VIOLATION ADDRESS: 4905 RATTLESNAKE HAMMOCK XI. ADJOURN X. NEXT MEETING DATE: March 16, 2007 March 2, 2007 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Master Brenda Garretson at 9:00 AM. All those testifying at this proceeding today did so under oath. A. Hearing Rules and Regulations were given by Special Master Garretson. Special Master Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:15 AM RECONVENED: 9:38 AM II. APPROVAL OF AGENDA Sue Chapin, Secretary to the Special Master, proposed the following changes: · Motions for Continuance: The Article referenced in Case #5 was corrected · Stipulations: Cases #25 and #26 (under "Hearings") Cases #10 and #11 (under "Motion for Imposition of Fines") · Hearines: Case #19 was to be heard following Case #14 (same Respondent) Case #20 was been removed from the agenda by the County · Reports: The County requested Case #2005020698 was to heard following the Motions for Continuance The Special Master approved the agenda as amended, subject to any changes made during the course of the Hearing at the discretion of the Special Master. III. APPROVAL OF MINUTES - February 16, 2007 The Minutes of the Hearing held on February 16, 2007 were reviewed by the Special Master and approved as submitted. IV. MOTIONS FOR CONTINUANCE 5. Case # 2006011073 - BCC vs. Maria Miria Zaraeoza The Special Master noted that a Request for a Motion for Continuance had been submitted to the County on February 16,2007, via the Respondent's letter which was written in Spanish. Dennis Mitchell objected to the Motion on behalf of the County. Code Enforcement Investigator Carmello Gomez translated the Respondent's letter from Spanish to English, as follows: 2 March 2, 2007 · Respondent: Maria M. Zaragoza · Address: 1822 43rd Street SW, Naples, Florida · Due to the ill health of her elderly mother, Respondent would be in Cuba from February 20 through March 6, 2007 · Respondent had applied to the Department of Treasury for permission to enter Cuba prior to receiving the Notice of Hearing · Copies of both the application and airline tickets were attached to the letter Investigator Gomez stated the structure had been not yet been inspected. The Special Master GRANTED the Respondent's Request for a Motion for Continuance, and placed this case on the Agenda for April 6, 2007. Special Master asked Investigator Gomez to post a copy ofthe Notice of Hearing on the Respondent's property in addition to mailing a copy to her. IX. REPORTS 1. Case # 2005020698 - BCC vs. Naples South Realtv The Special Master noted that she had requested this case, concerning a dumpster which lacked proper screening, to be brought back. The Special Master extended her congratulations Zachary Berg, Property Manager of Naples South Realty, for correcting this problem. Dennis Mitchell reminded the Special Master there were outstanding fines in this case in the amount of $3,420.1 O. Mr. Berg requested a reduction of fines on behalf of Naples South Realty. The Special Master GRANTED the Request for a Reduction in Fines and imposed a fine of $500.00. The Special Master directed the County to draft a new Order reflecting the above changes. Sue Chapin, Secretary to the Special Master, informed the Special Master that additional Stipulations were ready for presentation to the Court: Cases #7, #12, #13, #14, #19, #15, #16, #17 and #18. The Special Master amended the Agenda to reflect the addition of these Stipulations. v. PUBLIC HEARINGS A. Stipulations: 25. Case # 2006100235 - BCC vs. KelIv E. Capolino The Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was also present. 3 March 2, 2007 Violation(s): Ordinance 04-58, Section 6, Subsections 1, 8, 9 10, 11, 12(A - C, 1- M, 0 - R), 19 (A - D), and 20 Multiple minimum housing code violations Address of violation: 2721 Van Buren Avenue, Naples, Florida A Stipulation was agreed to the Respondent. The Special Master reminded the Respondent that completing the work does not fully abate the violation. The Respondent asked if inspections could be requested as each item of work is completed. The Investigator agreed. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to choose from the following options: · obtain a permit, inspections, and a C/O for completion of all repairs on or before June 2,2007, or afine of $250. 00 per day would be imposedfor each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master; or · obtain a demolition permit and demolish both structures on the property and remove all associated debris on or before May 2,2007, or afine of $250.00 per day would be imposed for each day the violation remainder thereafter unless altered by a subsequent Stipulation or Order of the Special Master. lfthe violation has not been abated by the Respondent, Collier County is then authorized to abate the violation by demolition and to assess the costs to the Respondent. The Respondent was ordered to pay Operational Costs in the amount of $220.42 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. The Special Master stated the language "unless altered by a subsequent Stipulation or Order of the Special Master" is to be added to future Stipulations and Order. 25. Case # 2006070273 - BCC vs. Patrice Moblev The Hearing was requested by Code Enforcement Investigator Joe Mucha who was present. The Respondent was also present. Violation(s): Ordinance 04-58, Section 6, Subsections 11, 12C, 121, and 12P Multiple minimum housing code violations Address of violation: 5260 Dixie Drive, Naples, Florida 4 March 2, 2007 A Stipulation was agreed to by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to choose from the following options: · obtain a permit, inspections and a C/O for completion of all repairs on or before JUlie 2,2007, or afine of $250. 00 per day would be imposedfor each day the violation remained thereafter unless altered by a subsequellt Stipulation or Order of the Special Master; or · obtain a demolition permit and demolish both structures on the property and remove all associated debris on or before May 2, 2007, or a fine of $250.00 per day would be imposed for each day the violation remainder thereafter unless altered by a subsequent Stipulation or Order of the Special Master. If the violation has not been abated by the Respondent, Collier County is then authorized to abate the violation by demolition and to assess the costs to the Respondent. The Respondent was ordered to pay Operational Costs in the amount of$174.94 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to 1I0tify the Investigator within 24 hours of a workday to concur the violation has been abated. The Special Master suggested to the Respondent that she also contact Investigator Mucha as repairs are completed so inspections could be made on a per-item basis. 7. Case # DAS 11067 - BCC vs. EnriQue Acevedo The Hearing was requested by Department of Animal Services Investigator Jorge Araujo who was represented by Investigator Al Sanchez. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 14-36, Para. A(7) Allowing dog to run at large A Stipulation was agreed to by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00. 00 together with a DASfundfee of $7. 00 on or before April 2, 2007, unless altered by a subsequent Stipulatioll or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of $50.00 illcurred during the prosecution of this case on or before April 2, 2007. Total fine: $157.00 5 March 2, 2007 12. Case # DAS 11215 - BCC vs. William Breen; 13. Case # DAS 11218 - BCC vs. William Breen; 14. Case # DAS 11219 - BCC vs. William Breen; and 19. Case # DAS 11224 - BCC vs. William Breen The Hearing was requested by Department of Animal Services Investigator Paul Morris who was represented by Investigator Al Sanchez. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): (Case 12) Ord. 14-35, Para. A(2) Allowing dog to run at large (Case 13) Ord. 14-34, Para. B Failure to vaccinate (Case 14) Ord. 14-36, Para. A(5) First aggravated; to trespass and destroy public property (Case 19) Ord. 14-34, Para. A(5) Failure to affix license Address of violation: 230 16th Street NE, Naples, Florida A Stipulation was agreed to by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s} and was ordered to pay a civil penalty of $1 00. 00 together with a DASfundfee of$7.00for each of the four Violations cited on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of $50.00 for each of the four cited Violations incurred during the prosecution of this case on or before April 2, 2007. Total fine: $778.00 15. Case # DAS 11220 - BCC vs. Paula Soares; 16. Case # DAS 11221- BCC vs. Paula Soares; 17. Case # DAS 11222 - BCC vs. Paula Soares; and 18. Case # DAS 11223 - BCC vs. Paula Soares The Hearing was requested by Department of Animal Services Investigator Paul Morris who was represented by Investigator Al Sanchez. The Respondent was present earlier and into a Stipulation, but left before the Hearing could be heard. 6 March 2, 2007 Violation(s): (Case 15) Ord. 14-35, Para. A(2) Allowing dog to run at large (Case 19) Ord. 14-34, Para. A(5) Failure to affix license (Case 13) Ord. 14-34, Para. B Failure to vaccinate (Case 14) Ord. 14-36, Para. A(5) First aggravated; to trespass and destroy public property A Stipulation was agreed to by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 together with a DASfundfee of$7.00for each of the four Violations cited on or before April 2, 2007. The Respondent was ordered to pay Operational Costs in the amount of $50.00 for each of the four Violations cited incurred during the prosecution of this case on or before April 2, 2007. Total fine: $778.00 21. Case # 2006070516 - BCC vs. Juan Luis Ocanas and Ana Ocanas The Hearing was requested by Code Enforcement Investigator Cristina Perez who was present. The Respondent, Ana Ocanas, was present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 04-41, Sec. 2.01.00(A) Inoperable/untagged vehicles Address of violation: 4801 Miraham Drive, Immokalee, Florida A Stipulation was agreed to by the Respondent. Ana Ocanas, on behalf of her husband, Juan Luis, and herself The Investigator amended the Stipulation to reflect the correct Operational Costs of $132.99. The Special Master asked if the Respondent had been advised of the error. The Special Master asked the Investigator to ascertain if the Respondent was representing her husband and herself. 7 March 2, 2007 Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to repair the vehicles and to affIX a current, valid license plate for each vehicle, or to store the vehicles within a completely enclosed structure, or to remove the vehicles from the property on or before March 9, 2007, or a fine of $50. 00 per day, per vehicle, would be imposed for each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondents were ordered to pay Operational Costs in the amount of $132.99 incurred during the prosecution of this case on or before April 2, 2007. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 22. Case # 2006070623 - BCC vs. Josefina Munoz The Hearing was requested by Code Enforcement Investigator Cristina Perez who was present. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 05-44, Sec. 6, 7, and 8 Unlawful litter Address of violation: 3026 Immokalee Drive, Immokalee, Florida A Stipulation was agreed to by the Respondent. The Investigator met with the Respondent at the Immokalee office. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all litter from the property on or before March 9, 2007, or a fine of $1 00. 00 per day would be imposedfor each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of $139.61 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 23. Case # 2006120183 - BCC vs. Josefina Munoz The Hearing was requested by Code Enforcement Investigator Cristina Perez who was present. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. 8 March 2, 2007 Violation(s): Ordinance 04-41, Sec. 2.01.00(A) InoperablelUntagged vehicles Address of violation: 3026 Immokalee Drive, Immoka1ee, Florida A Stipulation was agreed to by the Respondent. The Investigator met with the Respondent at the Immokalee office. Finding the Notice of Hearing was properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to repair the vehicles and to affIX a valid license plate for each vehicle, or to store the vehicles within a completely enclosed structure, or to remove the vehicles from the property on or before March 9, 2007, or a fine of $50.00 per day, per vehicle, would be imposed for each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of $113.12 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 24. Case # 2006080378 - BCC vs. Carol L. Canova The Hearing was requested by Code Enforcement Investigator Cristina Perez who was present. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 04-41, Sec. 2.01.00(A) Inoperable/Untagged vehicles Address of violation: 1605 Carson Road, lmmokalee, Florida A Stipulation was agreed to by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to repair the vehicles and to affIX a valid license plate for each vehicle, or to store the vehicles within a completely enclosed structure, or to remove the vehicles from the property on or before March 9,2007, or a fine of $50.00 per day, per vehicle, would be imposed for each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the amount of$115.17 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 9 March 2, 2007 RECESS: 10:47 AM RECONVENED: 11 :04 AM Investigator Cristina Perez confirmed she was able to contact the Respondent in Case # 21 (BCC vs. Juan Luis Ocanas and Ana Ocanas) and confirmed that Mrs. Ocanas represented both her husband and herself in the Stipulation, and was aware of the corrected amount of the Operational Costs. The Special Master ordered the Stipulation to be corrected and entered into the record. B. Hearines: 27. Case # 2006100656 - BCC vs. Norberto and Josefa De La Rosa The Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent, Josefa De La Rosa, was also present. Violation(s): Ord. 04-41, Sec. 2.01.00(C) Commercial vehicle/equipment in a residential district Address of violation: 616 Poinsettia Street, Immokalee, Florida The Respondent stated she was representing both herself and her husband. The Investigator stated he had received a complaint concerning the property in October, 2006. The Notice of Violation was sent by certified mail delivery. The Investigator met with the Respondent in November, 2006. The Investigator introduced photographs of the property which were marked as Composite County Exhibit "A" and were admitted into evidence. The Respondent stated she had undergone surgery in November, 2006, and was recovering when she met with the Investigator. She stated she did not remember much of their conversation due to her pain medication. She also stated the truck was being repaired and they were waiting for delivery of a required part. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to remove the vehicles from the property, or to store the vehicles in the rear yard completely concealed from view, or to store the vehicles in an enclosed structure on or before March 16, 2007, or afine of $100.00 per day, per vehicle, would be imposed for each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondents were ordered to pay Operational Costs in the amount of $121. 05 incurred during the prosecution of this case on or before April 2, 2007. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 10 March 2, 2007 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. Case # 2005120555 - BCC vs. Joaquin and Maedalena Santiaeo Code Enforcement Investigator Carmelo Gomez served as interpreter for the Respondent who was present. The Special Master ascertained that the Respondent's wife was also present at the Hearing. Dennis Mitchell stated the original order was dated March 17, 2006. The County requested payment of Operational Costs in the amount of$21O.05, together with fines of $14,900 for the period from July 18,2006 through December 14,2006 (or 149 days at $1 OO/day), for a total of $15,110.05. The Respondent stated he applied for a permit on August 25, 2006, but it was not approved by the County until November 6, 2006. Code Enforcement Supervisor Jeff Letourneau verified the dates in question and stated that no rejections ofthe Respondent's plans were mentioned in the file. The Special Master GRANTED the County's request, but imposed a reduced fine of $7,700 (or 77 days at $100/day), together with Operational Costs of $21 O. 05, for a total fine of $7,91 0.05. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 6. Case # CO-4229 - BCC vs. Ronald Zbikowski The Respondent was present and represented by his attorney, Douglas L. Rankin. Dennis Mitchell stated the original order was dated May 16, 2006. The County requested imposition of fines in the amount of$25,900 for period from June 16,2006 through March 2, 2007 (or $1 OO/days for 259 days). Mr. Mitchell stated the Operational Costs were paid. Attorney Rankin stated his client's property was under water during much of the rainy season, and the litter could not be removed. (The rainy season usually begins in June.) He also stated there had been a privacy fence on the Respondent's property to shield his neighbors from the debris. He also mentioned problems with neighbors that included their dumping debris onto the back of his property without his knowledge. The property dimensions are 660 feet by 180 feet. Mr. Rankin also objected to the form of the Court's to clean the property. He stated the document had been altered; it was printed to read "front of property" but had been changed to read "all property." ] ] March 2, 2007 Dennis Mitchell stated the issue with the fence has been adjudicated. He also stated the litter cited consisted of plastic, wood, paper and bottles. The property is still not in compliance with the Order issued in May, 2006. Mr. Mitchell further stated that, to date, the County has not received any telephone calls, correspondence or photographs from the Respondent. Investigator Ambach stated the litter he cited consisted of household trash, plastic, ripped tarps, junk, vehicle parts, interior automobile seats that were strewn throughout the entire property. The Special Master asked if the debris appeared to have been recently dumped. Investigator Ambach replied negatively. He stated he was able to view the debris on the front yard and the sides of the property. He further stated he made several site inspections, but had never been contacted by the Respondent to request a final inspection. County Attorney Jeff Wright pointed out the Minutes of the May 19, 2006 Hearing, stated the violation was to Ordinance 04-44, Sections 6 - 8, and was described as "litter on entire property." Mr. Rankin approached Mr. Mitchell so that he could review photographs that Mr. Rankin wished to enter into evidence. Mr. Mitchell objected to some of the photographs. Mr. Rankin introduced three photographs. The Special Master admitted into evidence only the photograph bearing time of 1 :38 PM as Respondent Exhibit "I" which showed several cars, a truck and a pontoon boat. The Special Master questioned the Respondent and his attorney concerning the progress, if any, that has been made at this property. The Special Master stated that she was not making a decision at this hearing, and instead was granting a Continuance: 1. The Respondent is to return with additional evidence to prove his compliance with the terms of the prior Order beyond the noted two recent trips to the dump. 2. The County is to provide Minutes of each Hearing at which the Respondent appeared to both the Respondent and his Attorney. 3. The Respondent is to grant permission to Investigator Ambach to access his property in order to photograph it. 4. Investigator Ambach and the Respondent's Attorney, together, are to take photographs of the Respondent's property. Mr. Rankin is to contact Investigator Ambach to coordinate a mutually convenient date and time. 5. Dennis Mitchell is to contact Mr. Rankin with the date of the next Hearing at which the Respondent is to appear. 12 March 2, 2007 6. There will be two site inspections performed: · one will be performed within the next week, and · one will be conducted during the week prior to the next Hearing. County Attorney Wright reminded the Respondent that the Court's prior Order would remain in full force and effect unless the Respondent provided dated proof of prior compliance. He also reiterated the terms of the Order applied a fine of$lOO.OO per day for each day of non-compliance, and clarified the daily fine was continuing to accrue. 9. Case # 2005020227 - BCC vs. Fernando Gutierrez Dennis Mitchell stated the original order was dated June 3, 2005. The County requested payment of Operational Costs in the amount of$152.99, together with fines of$32,450, as follows: · $12,400 for the period from July 3,2005 through March 8, 2006 (or $50/day for248 days per Part I of the Order), and · $20,050 for the period from August 3, 2005 through September 8, 2006 (or $50/day for 401 days per Part II of the Order). for a total of $32,602.99. The Respondent stated the conversion was completed by the prior owner. He thought he had more time and did not really understand the Order. He applied for a permit on July 11,2005 but did not pick it up from Code Enforcement. He did not realize that he had to do so. He re-applied for a second permit on March 8, 2006 and obtained a C/O on September 8, 2006. Investigator Santafemia stated the deadline for compliance was July 3,2005, therefore the Respondent was non-compliant at that time and daily fines began to accrue. The fines stopped on March 8, 2006 when the Respondent obtained the second permit. The Respondent stated he could not afford to pay the fines and would lose his house. Mr. Mitchell suggested the County would have no objection if the Special Master waived the fees contained in Part II of the Order. The Special Master GRANTED the County's request regarding Part I of the Order issued on June 3,2005, but imposed a reducedfine of$7,000.00, together with Operational Costs of $152. 99, for a totalfine of$ 7, 152. 99. The Special Master DENIED the County's request regarding Part II of the Order. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. RECESS: 1 :00 PM RECONVENED: 1 :25 PM 13 March 2, 2007 A. Motion for Imposition of Fines: 8. Case # 2006030179- BCC vs. Alicia Lopez and Arcadia Zepeda Dennis Mitchell stated the original Order was dated July 7,2006. The County requested only Operational Costs in the amount of$118.90. The Special Master GRANTED the County's request and imposed a lien of$118.90. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 7. Case # 2006030180- BCC vs. Arcadia Zepeda. Jr. and Alicia Lopez The Respondent was present. Dennis Mitchell stated the original order was dated May 19, 2006. The County requested payment of fines in the amount of $900 for the period from June 18, 2006 through June 27, 2006 (or 9 days at $100/day). Mr. Mitchell noted that Operational Costs had been paid. The Special Master GRANTED the County's request and imposed a lien of$900.00. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 1. Case # 2005030060 - BCC vs. Joan Handshaw The Respondent was present. Dennis Mitchell stated the original order was dated May 19,2006. Mr. Mitchell reminded the Court that this was the second Hearing in this matter. The Court had previously ordered the Respondent to obtain a permit for the structure. The Respondent complied and obtained a Certificate of Occupancy for the structure. Mr. Mitchell further stated that the County and the Respondent entered into an agreement which reduced the amount of the lien, based solely upon the Respondent's expedient compliance, to the payment of Operation Costs in the amount of $353.27. The Special Master GRANTED the County's request and imposed a lien of$353.27. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. B. Motion for Reduction of Fines: 1. Case # 2005020443 - Rafael Morales and Juana Perez The Respondent, Juana Perez, was present. Dana Rizo, her daughter, served as translator. 14 March 2, 2007 The Special Master stated that while she had previously imposed files, she also advised the Respondent to comply immediately with the terms of the Order and she would allow the Respondent to file for a reduction of fines. It was the intention of the Order that the fine would not be required to be paid until after March 5, 2007. Dennis Mitchell confirmed that compliance had been obtained and stated the amount of the fine was $29,042.75 which included Operational Costs of$143.75. The Special Master asked the Respondent why it took so long to obtain compliance. The translator stated the Respondent went to the Code Enforcement office several times to apply for the permit. She was told that different things by different people. She stated the process was very confusing. The Respondent's daughter stated that she accompanied her Mother on several occasions and witnessed her Mother being told by different Code Enforcement representatives that it would take time to obtain the permit. Investigator Mucha stated the permit was applied for on June 29, 2005 and it was not approved until February 15, 2006. The permit was issued on March 13, 2006. The Certificate of Occupancy was issued on January 17,2007. The Special Master questioned the length of time involved in this process. Investigator Mucha stated he had checked and found there were a number of rejections that needed correction before the approval process proceeded. The Respondent stated she lacked the funds to complete the project due to her inability to return to work for a long period of time. The Special Master determined that consideration was due to the Respondent because of the inordinate amount of time that it took to obtain the permit and for the time that the Respondent was incapacitated due to an injury. The Special Master GRANTED the County's request but imposed a reduced fine of $3,000.00. The Respondent was ordered to pay this fine on or before JUlie 2, 2007, or the County would proceed with enforcement of the liell. The Special Master ruled the previous Order entered by the Court on January 5th would be vacated and the Order entered today would stand in this case with regard for the County's motion for imposition of fines, and the Respondent's motion for reduction offines. The Order entered today rules on both of those motions. 15 March 2, 2007 B. Hearines: 1. Case # DAS 11270 - BCC vs. Matthew Clinton Hubbard The Hearing was requested by Department of Animal Services Investigator David G. Levittt who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 04-36, Para. A(2) Allowing dog to run at large Address of violation: 2396 Spruce Street, Naples, Florida Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $5 7.00 incurred during the prosecution of this case on or before April 2, 2007. 2. Case # DAS 11195 - BCC vs. James Allen Giddens The Hearing was requested by Department of Animal Services Investigator Kurt Zettler who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 04-36, Para. A(2) Allowing dog to run at large Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $100.00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs ill the amount of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 3. Case # DAS 11155 - BCC vs. Melissa Compos Violation(s): Ord. 04-36, Para. A(2) Allowing dog to run at large Address of violation: 562 11th Street SW, Naples, Florida 16 March 2, 2007 This Case was withdrawn by the Department of Animal Services because there was no contact with the Respondent. Investigator William George posted the Respondent's property, but she did not sign the Citation. The Special Master ruled that the Respondent would be re-noticed and advised of a future hearing date for this matter. 4. Case # DAS 11158 - BCC vs. Monica Zamarano The Hearing was requested by Department of Animal Services Investigator William George who was represented by Investigator AI Sanchez. The Respondent was not present. Violation(s): Ord. 14-41, Sec. A(5) Leaving an animal in a vehicle without water and proper ventilation unattended Address of violation: 5054 Airport Road, Naples, Florida Investigator Sanchez stated the Respondent had signed the Citation. This was an aggravated Ordinance violation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $250.00 on or before April 2, 2007, unless altered by a subsequellt Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amoullt of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 5. Case # DAS 11121- BCC vs. Leann Norris The Hearing was requested by Department of Animal Services Investigator Anita Martindale who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-36, Para A(2) Allowing a dog or cat to run at large Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 on or before April 2, 2007, unless altered by a subsequent Stipulatioll or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57. 00 incurred during the prosecution of this case on or before April 2, 2007. 17 March 2, 2007 6. Case # DAS 11122 - BCC vs. Leann Norris The Hearing was requested by Department of Animal Services Investigator Anita Martindale who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-36, Para A(2) Allowing a dog or cat to run at large Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 8. Case # DAS 11069 - BCC vs. Bernardo Cruz The Hearing was requested by Department of Animal Services Investigator Jorge Araujo who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-36, Para A(7) Shepherd snapped and growled, otherwise threatened person Address of violation: 3590 Randall Blvd., Naples, Florida Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57. 00 incurred during the prosecution of this case on or before April 2, 2007. 9. Case # DAS 11070 - BCC vs. Bernardo Cruz The Hearing was requested by Department of Animal Services Investigator Jorge Araujo who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-34, Para A Failure to license animal 18 March 2, 2007 Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $100. 00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 10. Case # DAS 11071- BCC vs. Bernardo Cruz The Hearing was requested by Department of Animal Services Investigator Jorge Araujo who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-36, Para A(7) Shepherd snapped and growled, otherwise threatened person Address of violation: 3590 Randall Blvd., Naples, Florida Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00. 00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 11. Case # DAS 11072 - BCC vs. Bernardo Cruz The Hearing was requested by Department of Animal Services Investigator Jorge Araujo who was represented by Investigator Al Sanchez. The Respondent was not present. Violation(s): Ord. 14-34, Para A Failure to license animal Address of violation: 3590 Randall Blvd., Naples, Florida Investigator Sanchez stated the Respondent had signed the Citation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00.00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $57.00 incurred during the prosecution of this case on or before April 2, 2007. 19 March 2, 2007 28. Case # 2006090205 - BCC vs. Wendv L. Klodt The Hearing was requested by Code Enforcement Investigator Steve Athey who was present. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 7(5) Rental Registration Address of violation: 325 Dunes Blvd., Unit #402, Naples, Florida The Special Master noted there was a letter from the Respondent asking for a continuance. Dennis Mitchell stated the letter was not filed on a timely basis and that he had spoken with the Respondent concerning the filing requirements. The Special Master ruled the Respondent's Request for a Continuance was DENIED. Investigator Athey stated he spoke with the Respondent on November 15,2006 to explain the violation and how to comply. Since the Respondent made no attempt to comply, the property was posted on February 20,2007. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay accrued daily penalty of $400.00 on or before April 2, 2007, or afine of $20. 00 per day would be imposedfor each day the violation remained thereafter unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $127.15 incurred during the prosecution of this case on or before April 2, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to confirm compliance with the Order of the Special Master. 29. Case # CE 002331 - James S. Carruthers The Hearing was requested by the Respondent who was present earlier, but left before the Hearing could be heard. Code Enforcement Investigator Heinz Box was represented by Supervisor Jeff Letourneau. Violation(s): Ord. 130-66, Sec. 2(F) Unlawful parking - along side road in right-of-way Supervisor Letourneau stated the Respondent asked ifhe could waive the Citation. When the Supervisor refused, the Respondent stated he was going to pay the fine at Code Enforcement. Supervisor Letourneau presented photographs of the automobile which were marked as Composite County Exhibit "A" and admitted into evidence. 20 March 2, 2007 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay thefine of $30. 00 on or before April 2, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is ordered to pay Operational Costs in the amount of $50.00 incurred during the prosecution of this case on or before April 2, 2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case # 2005050256 - BCC vs. Stephen W. Schessler Dennis Mitchell stated the original Order was dated September 16,2005. The County requested payment of Operational Costs of $169.42, together with fines of $25,900 for the period from September 30, 2005 through March 2, 2007 (or $50/day for 518 days), for a total fine of $26,069.42. Mr. Mitchell stated the Respondent had been notified by certified mail, and the property had been posted. The Special Master GRANTED the County's request and imposed afine of $26,069.42. The Special Master stated the daily fine would continue to accrue until compliance is shown. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 3. Case # 2005110329 - BCC vs. Tereso Bautisa and Emiliana Lopez VaasQuez Dennis Mitchell stated the original Order was dated January 6,2006. The County requested payment of a civil penalty in the amount of $500.00. Investigator Letourneau stated he had been contacted by Respondent Tereso Bautisa who advised him that the Operational Costs were paid. The Special Master GRANTED the County's request and imposed a lien of$500.00. The Respondents were ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 10. Case # 2006040807 - BCC vs. Paul Zaino The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. A Stipulation was agreed to by the Respondent. 21 March 2, 2007 Dennis Mitchell stated the original Order was dated August 4, 2006. The fines that the Respondent agreed to pay include Operational Costs of$116.59 and fines of $4,600 for the period from October 4,2006 through October 27,2006 (or $200/ for 23 days). The Special Master GRANTED the County's request and imposed a fine of $4,716.59. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. 11. Case # 2006020919 - BCC vs. Paul Zaino The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. A Stipulation was agreed to by the Respondent. Dennis Mitchell stated the original Order was dated September 15,2006. The fines that the Respondent agreed to pay include Operational Costs of $174.39. The Special Master GRANTED the County's request and imposed afine of$174.39. The Respondent was ordered to pay this fine on or before June 2, 2007, or the County would proceed with enforcement of the lien. VII. OLD BUSINESS A. Request to forward Case for Collections/Foreclosure: NONE VIII. CONSENT AGENDA A. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions: The Summary Sheet was approved. IX. REPORTS NONE X. COMMENTS Dennis Mitchell stated, in reference to Case # CO-4229 - BCC vs. Ronald Zbikowski. the correct Hearing date is April 20, 2007, and he will personally contact Attorney Rankin to advise him. XI. NEXT MEETING DATE -March 16, 2007. 22 March 2, 2007 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 3:16 PM. FOR THE COLLIER COUNTY SPECIAL MASTER HEARING Special Master, Brenda Garretson These Minutes were approved by the Special Master on as presented , or as amended , 2007, 23