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CESM Minutes 04/06/2007 April 6, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, April 6, 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: Dennis Mitchell ~ Code Enforcement Supervisor Jeff Wright ~ Assistant County Attorney HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: April 6, 2007 at 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 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 A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - March 16,2007 IV. MOTIONS FOR CONTINUANCE V. PUBLIC HEARINGS A. Stipulations B. Hearings I. CASE NO: PR 000178 OWNER: ROBERT H. BARNIDGE OFFICER: PR CAROL BUCHLER VIOLA TlONS: ORD. SEe. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECIEPT VIOLA TlON ADDRESS: 951 BOAT RAMP 2. CASE NO: SO 145908 OWNER: INTERCOLLEGIATE ATHLETHICS THE UNIVERSITY OF TOLEDO OFFICER: DEP. T. CORNIOLA VIOLATIONS: ORD. SEe. 130-67 PARKED IN HANDICAPPED SPACE VIOLA TlON ADDRESS: 1926 DA VIS BL YD (RED ROOF INN) 3. CASE NO: SO ]45913 OWNER: CLINTON RANDOLPH WILSON OFFICER: DEP. T. CORNIOLA VIOLATIONS: ORD. SEe. 130-66 BLOCKING TRAFFIC IN TRU-W A Y DOUBLE PARKED. VIOLATION ADDRESS: WATERSIDE SHOPS 5355 TAMIAMI TRL N. NAPLES FL 34109 4. CASE NO: SO ] 51275 OWNER: LANA JO. COPELAND OFFICER: CPL. WALTON VIOLATIONS: ORD. SEC. 130-67 PARKED IN HANDICAPPED SPACE VIOLATION ADDRESS: 4635 ST. CROIX LANE NAPLES 5. CASE NO: OWNER: OFFICER: VIOLATIONS: SO ]5022] DEANNA J .STRATTON DEP. KLlNKMANN ORD. SEe. 130-67 DRIVER USED OTHER PERSON'S HANDICAPPED PERMIT. VIOLA TlON ADDRESS: PINE RIDGE CROSSING (TARGET) 6. CASE NO: OWNER: OFFICER: VIOLA TlONS: so ] 54059 GREGORY E. TARAS DEP. LOTH RAP ORD. SEC. 130-66 PARKED IN LOADING lONE-NO DRIVER IN VEHICLE VIOLATION ADDRESS: HOME DEPOT AIRPORT & DAVIS 7. CASE NO: OWNER: OFFICER: VIOLA TJONS: SO 147357 WILLIAM A. MARTIN CPL.. LANG ORD. SEe. 130-66 (1 )(H) FIRE LANE VIOLATION ADDRESS: FIRE LANE GG PKWY ACE SUNSHINE 8. CASE NO: OWNER: OFFICER: VIOLA TlONS: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: SO ] 45025 RA YMOND L. SCHUMANN DEP. JACK FAULKS ORD. SEC. 130-67 PARKED IN HANDICAPPED SPACE SO 152985 ELAINE K. JOHNSON DEP. L KELLER ORD. SEC. 130-67 PARKED IN HANDICAPPED SPACE & BLOCKING ACCESS/HAS PERMIT VIOLA TlON ADDRESS: RIVERCHASE @ PUBLlX 10. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLA TlON ADDRESS: II. CASE NO: OWNER: SO 15430] TODD C. FIORE DEP. K. NEWELL ORD. SEC. 130-67 PARKED IN HANDICAPPED SPACE SPECIAL SO NOTE: TAG RAN AS A '03 CHEV RED 4D & REGISTERED TO JAMES BIXLER 4724 SANDPOINTE DR. NEW PORT RICHEY 1850 FLORIDA CLUB DR. CO 03833 MARY E. POELKER, OWNERlDIRECTOR OFFICER: INV. M. CROWLEY VIOLATIONS: CHAPTER 142 CODE OF LAWS & ORDINANCES SEC. 142-51(9), 142-31, 142- 55(6) OPERATED VEHICLE FOR HIRE BUSINESS THAT MADE PASSENGER PICKUP IN COLLIER COUNTY ON GULF SHORE BLVD N WITHOUT DISPLAYING A VALID 2006 VEHICLE FOR HIRE DECAL ISSUED BY CODE ENFORCEMENT (1ST OFFENSE) VIOLA TlON ADDRESS: 2202 GULF SHORE BLVD. N 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006]20729 ALLIGA TOR ALLEY EXPRESS, LLC. INV. M. CROWLEY 142-58(F)(3) & 55 (A) OPERA TlNG VEHICLE FOR HIRE BUSINESS W/OUT CERT. TO OPERA TE VIOLATION ADDRESS: 500 TERMINAL DRIVE 13. CASE NO: OWNER: OFFICER: VIOLA TlONS: DASI1161 STEVEN HELFRICH DAS OFe. WILLIAM GEORGE ACT. 07-012551 ORD. 14.36 SEe. (A) 7 ALLOWING AN ANIMAL TO SNAP, JUMP OR GROWL OR OTHERWISE AT PERSONS USING ANY ROAD OR RIGHT OF WAY (YELLOW OR WHITE) LAB. VIOLA TlON ADDRESS: 4240 LORRAINE AVE 14. CASE NO: OWNER: OFFICER: VIOLA TlONS: 2007010858 GORDON E. ENS INV. HEINZ BOX ORD. 2004-58 SEe. 7 (2) OWNER HASN'T OBTAINED REQUIRED RENTAL RE-REGISTRA TION FOR 2005 & 2006 VIOLATION ADDRESS: 9566 GULF SHORE DR. #PH-03 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006]20703 JOSE J. & MARIA RAMIREZ INV. RENALD PAUL ORD. 2004-58 SEC. 7 (2) RESIDENTIAL RENTAL UNIT NOT REGISTERED WITH COLLIER COUNTY. VIOLA TlON ADDRESS: 2397 50TH TER SW #A 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007010272 MAXINE & AMETIDE EXANTUS INV. CARMELO GOMEZ ORD. 04-41 AS AMENDED SEe. 2.01.00 (A), 1.04.01,2.02.03 INOPERABLE / UNTAGGED VEHICLE PARKED ON RESIDENTIALLY ZONED PROPERTY. VIOLA TION ADDRESS: 5400 29TH PL SW 17. CASE NO: OWNER: OFFICER: VIOLATIONS: 200611 0049 HENRY TESNO & JILL WEAVER INV. JOE MUCHA NUMEROUS MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 3132 VAN BUREN VI. NEW BUSINESS A. Motion for Imposition of Fines: I. CASE NO: OWNER: OFFICER: VIOLA TlONS: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLA TlONS: 2004020378 LEN SPEIGHT SANG & SOUNITTA BACCAM, JANET LIEMTHONG ET AL SUP. JEFF LETOURNEAU ORD. 91-102 AS AMENDED SEC. 1.5.6,2.1.15,2.7.6.5 REMOV AL OF STRUCTURE COMPLETED - OWE OUTSTANDING BALANCE. 1705 BENTON ROAD 2004090636 RANDOLPH SHELTON MGR. DAVID SCRIBNER ORD 91-102 SEC. 2.7.6.1, 2.7.6.5 AND 2.7.6.5(A), ORD.2002-01 SEC. 104.1.1, 106.1.2 AND 106.3.1 REINSPECTlON PROVES OUTSIDE VIOLATION STILL REMAINS, NO PERMITS OBTAINED, NEED TO INSPECT INSIDE. VIOLATION ADDRESS: 2000 43RD LN SW 3. CASE NO: OWNER: OFFICER: VIOLA TlONS: 2004090716 RANDOLPH SHELTON INV. CARMELO GOMEZ ORD. 2003-37 SEC. 5, ORD. 89-06 AS AMENDED, SEe. 5 (12)C REINSPECTlON PROVES FRONT VIOLA TlON FIXED BUT A REAR OUTSIDE VIOLATION REMAINS, REMOVE GRAVEL ON RIGHT OF WAY, REPAIR SOFFIT & FASCIA, OBTAIN CERT. OF COMPLETION VIOLATION ADDRESS: 2000 43RD LN SW 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005060680 ROBIN OKOLSKI SUP. PATTI PETRULLI ORD. 04-4 I AS AMENDED SEe. 2.01.00 & ORD. 99-51 SEC. 6 INOPERABLE / UNT AGGED VEHICLE /COMMERCIAL TRAILER IN DRIVEW A Y /L1TTER 145 CAPRI BLVD. 2005080446 BRENDASOTO INV. JOE MUCHA ORD. 04-41 AS AMENDED SEC. 2.01.00,4.05.03 UNLICENSED VEHICLE & TRAILER PARKED IN REAR YEAR. VIOLATION ADDRESS: 5410 CATTS ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 200503] 150 CRAIG & NATALIE F. STEVENSON INV. CHRISTOPHER AMBACH ORD 04-41 AS AMENDED SEC. 2.01.00 INOPERABLE BROWN JEEP PARKED TO THE RIGHT OF D/W VIOLATION ADDRESS: 10690 8TH ST N 7. CASE NO: 2005090008 OWNER: BARBARA LONG OFFICER: SUP. PATTI PETRULLI VIOLA TlONS: ORD. 04-41 SEC. I 0.02.06(B)(I)(A) & I 0.02.06(B)(I)D) & FL BLDG CODE 200 I SEC. 104.1.1 REBUILDING OF INTERIOR & EXTERIOR WALLS W/OUT A PERMIT VIOLATION ADDRESS: 3190 WALKER LANE 8. CASE NO: 2006020362 OWNER: MARCO ORBEGOSO OFFICER: INV. JOHN MARSH VIOLA TlONS: ORD. 04.41 AS AMENDED SEC. 2.02.03 PROHIBITED STORAGE OF CONSTUCTION (POOL) MATERIALS ON PROPERTY VIOLA TlON ADDRESS: 3891 ESTEY AVE 9. CASE NO: 2006020265 OWNER: DELIUS ADEKA OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-41 SEe. 5.03.02(A)(2)(3)(7) DETERIORATING FENCE STRUCTURE VIOLA TION ADDRESS: 5314 MCCARTY ST 10. CASE NO: 20060307]6 OWNER: SAMUEL LEE MILLER, JR. OFFICER: INV. CRISTINA PEREZ VIOLATIONS: ORD. 05-44 SEC. 6 & 7 ACCUMULATION OF LITTER VIOLA TlON ADDRESS: 4814 MYERS ROAD II. CASE NO: 2006040221 OWNER: ALEJANDRO GUILLEN OFFICER: INV. JOE MUCHA VIOLA TlONS: ORD. 04-41 SEC. 10.02.06(B)(I)(A)(D)(I), FL BLDG CODE 2004 EDITION 106.1.2 & 105.1 STORAGE BLDG NO CERT OF OCCUPANCY VIOLA TlON ADDRESS: 5378 CA TTS ST 12. CASE NO: 2006031 ]21 OWNER: MOISE SAINT LOUISE OFFICER: INV. HEINZ BOX VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00 UNLICENSED VEHICLE PARKED IN DRIVEWAY VIOLATION ADDRESS: 4413 THOMASSON LN 13. CASE NO: 2006030278 OWNER: EDWARD SLASIENSKI OFFICER: INV. HEINZ BOX 14. 15. 16. 17. VIOLATION ADDRESS: VIOLATIONS: ORD. 04-41 SEC. 2.0 I.OO(A) UNLICENSED /INOPERABLE VEHICLES CASE NO: OWNER: OFFICER: VIOLATIONS: 1100 HIGHLANDS DR. 2006030909 PABLO & MARIA NAVARRETE INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED SEe.2.0 1.00 COMMERICAL VEHICLES PARKED & STORED ON RESIDENTIAL PROPERTY VIOLATION ADDRESS: 403 JEFFERSON AVE W CASE NO: OWNER: OFFICER: VIOLATIONS: 2006]]0049 HENRY TESNO & JILL WEAVER INV. JOE MUCHA ORD. 04-58 SEe. 6 SUBSEe.I, 4, 9,10, II, 12(B), 12(1), 12(K), 12(L), 12(0), 12(P), 19(A), 19(B), 19(C), 19(0),20 NUMEROUS MINIMUM HOUSING VIOLATIONS VIOLA TION ADDRESS: 3132 VAN BUREN AVE. CASE NO: OWNER: OFFICER: VIOLATIONS: CO-4224 RE: 2005120473 RONALD ZBIKOWSKI INV. CHRIS AMBACH ORD. 05-44 SEC. 6, 7 & 8 LITTER VIOLATION ADDRESS: 291 11TH ST. S.W. CASE NO: OWNER: OFFICER: VIOLATIONS: 20050411 13 JOHN A. McELWAIN MARIO BONO ORD. 04-41, SEC. 2.02.03 UNLICENSED / INOPERABLE VEHICLES / TRAILERS/ METAL / WOOD VIOLATION ADDRESS: 6143 WHITAKER ROAD B. Motion for Reduction of Fines: 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 X. NEXT MEETING DATE: April 20, 2007 XI. ADJOURN April 6, 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 uoted 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: 9:15AM RECONVENED: 9:35 AM II, APPROVAL OF AGENDA Sue Chapin, Secretary to the Special Master, proposed the following changes: . Hearines: Item 14, Case # 2005120270, was withdrawn by the County due to payment of fines. . New Business: Item 1, Case # 2004020378, was withdrawn by the County due to payment of fines. Item 4, Case # 2005060680, was withdrawn by the County due to payment of fines. Item 15, Case # 2006220049, was removed from the Agenda as a duplicate entry. Item 16, the case number was corrected to CO-4229. Item 17, Case # 2005041113, was stipulated to by the parties. 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 - March 16, 2007 The Minutes of the Hearing held on March 16,2007 were reviewed by the Special Master and approved as submitted. IV. MOTION(S) FOR CONTINUANCE The Special Master noted an oral request for a Motion for Continuance had been received from a duty officer at the Collier County Sheriffs Department. Testimony was provided by Ms. Marku, Code Enforcement Department, regarding the process ofnotifying the Sheriffs Department of the Hearing Agenda. However, she could not remember the date, or provide written proof, as to when the information had been sent. 2 April 6, 2007 The Special Master concluded that, even if the information had been initially sent to the Sheriffs Department at the end of March as indicated by Ms. Marku, the Sheriffs Department would not have been able to request a Motion for Continuance in a timely manner since it did not receive proper notice. The Special Master determined Case # SO 145908 - Bee V.I'. Intercollegiate Athletics, University of Toledo, and Case #SO 147347 -Bee V.I'. William A. Martin, would be CONTINUED since there were no representatives present for either party. The Special Master stated both the SherijJ's Department and the Respondents would be notified of the new hearing date. The following cases were DISMISSED by the Special Master: . # SO 145913 - Bee V.I'. Clinton Randolph Wilson . #SO 151275 - Bee V.I'. Lana Jo Copeland . # SO 150221 - Bee V.I'. Deanna J. Stratton . # SO 154059 - Bee V.I'. Gregory E. Taras . # SO 145025 - Bee V.I'. Raymond L. Schumann . # SO 152985 - Bee V.I'. Elaine K. Johnson . # SO 154301 - Bee V.I'. Todd C. Fiore v. PUBLIC HEARINGS A. Stipulations: 17. Case # 2005041113 - BCC vs. John A. McElwain The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono who was present. The Respondent was present and was represented by Attorney Philip Hamilton. Violation(s): Ordinance 04-41, Section 2.02.03 Unlicensedlinoperable vehicles/trailers/metal! wood Address of violation: 6i43 Whitaker Road, Naples, Florida An Oral Stipulation was agreed to by the Respondent. Dennis Mitchell stated the Respondent had been given 90 days to abate code violations and fines of$21,724.82 had been imposed at the January 5, 2007 Hearing. Mr. Mitchell further stated the County would not oppose a reduction of fines since the Respondent had been cooperative and had abated over 90% of the violations initially cited. The terms of the Stipulation agreed to between the parties: the County agreed to reduce the fines to $2, I 72.48 provided the Respondent cornpleted the abatement process within thirty days, on or before May 7,2007, or the original fines would be re-imposed. 3 April 6, 2007 Attorney Hamilton stated that the Respondent af,'feed to the terms of the Stipulation. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but were SIGNIFICANTLY CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the violation(s) alleged and was ordered to complete the abatement process on or before May 7, 2007, and to pay a civil penalty of $2,172.48 on or before May 7, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. Attorney Hamilton requested that he and Investigator Bono re-inspect the property at a mutually convenient date and time. Investigator Bono agreed. B. Hearinl!s: 1. Case # PR 0000178 - BCC vS. Robert H. Barnidl!e The Hearing was requested by the Respondent who was not present. Ranger Carol Buchler of the Collier County Department of Parks and Recreation was present. Violation(s): Ordinance 130-66 Failure to display paid launch receipt The Park Ranger stated she issued the Citation at 951 Boat Ramp because the Respondent's vehicle did not display a paid parking receipt, and because the boat trailer did not display a recreational launch sticker. The Special Master noted the Respondent had been sent notification of the Hearing by certified mail. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violation(s) alleged and was ordered pay a civil penalty of $30.00 on or before May 7,2007, 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 incurred during the prosecution of this case on or before May 7, 2007. Total Fine: $80.00 11. Case # CO 03833 - BCC vs. Marv E. Poelker. OwnerlDirector The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Michaelle Crowley was also present. 4 April 6, 2007 Violation(s): Chapter 142 Code of Law and Ordinances Sections 142-51(9), 143-31, and 142-55(6) Operated vehicle-for-hire business that made a passenger pick-up in Collier County on Gulf Shore Blvd. N. without displaying a valid 2006 vehicle-far-hire decal The Respondent stated she is the owner ofMBA, an LLC operating at the Lee County airport. She also stated she thought the Citation date was January 19,2007, not November 8, 2006. The documentation she intended to present was, therefore, incorrect. She indicated she had been given certain information from Lee County Attorney Tom Palmer in September, 2006, concerning the interstate commerce trade law. She had been told her service was able to pick up passengers for the return trip to Lee County if that passenger specifically requested the service. Investigator Crowley stated the Citation was not issued to MBA, but to Majestic Limo Service, for which the Respondent is the owner and registered agent. She stated the Respondent is also the holder of a Collier County Certificate to Operate and has held this Certificate since 1994. The Investigator stated Collier County's Ordinance did not regulate a pick up from Lee County to Collier County if the trip is contiguous and un- interrupted. She further stated the vehicle she observed on November 8, 2006, while clearly carrying the MBA logo on its side doors, did not have the required, color-coded decal issued by Collier County for vehicles-for-hire under its Ordinance. The Respondent stated she was operating under the information given to her by the Lee County Attorney and it appeared that this information had been changed. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violation(s) alleged and was ordered to pay a civil penalty of$100.00 together with a citation fee of $5. 00 on or before May 7, 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 incurred during the prosecution of this case on or before May 7,2007. Total Fine: $155.00 12. Case # 2006120729 - BCC vs. Allie:ator Allev Express. LLC The Hearing was requested by the Respondent, David Brown, who was present. Collier County Code Enforcement Investigator Michaelle Crowley was also present. VioIation(s): Ordinance 142-58(F)(3) and 142-55(A) Operating vehicle-far-hire business without Certificate to Operate The Respondent stated he believed his company did not require a certificate from Collier County because it is a unique business that was not referenced under County Ordinances; the definition of "for hire" business did not apply. He further stated that Alligator Alley Express is a bus service that runs to four airports: Fort Lauderdale, Miami, Naples, and Fort Myers. 5 April 6, 2007 He stated he had been informed by a representative of the City of Naples that Alligator Alley Express needed only a business license to operate to and from the Naples Airport which is within City limits. Investigator Crowley pointed out that a "charter service" is referenced under the County Ordinance. She stated the vehicles that were cited were the "vans" which were clearly defined by the Ordinance. On December 12,2006, the Investigator hand delivered an information packet to the Respondent including the forms to be completed in order to be approved by Collier County and obtain the certificate required to continue operating. After the Investigator was notified the insurance coverage on the vans had lapsed, she prepared the Citation. She personally served the Citation upon the Respondent on February 9,2007 for operating a transportation business after February I, 2007 without a valid Certificate to Operate. The Special Master determined she would not make an immediate ruling in order to research the various sections of the Ordinance under 142-58 concerning disciplinary proceedings. The Special Master stated she would issue a written Order after taking all issues under advisement. The parties would be notified of her decision by mail. 13. Case # DAS 11161- BCC vs. Steven Helfrich The Special Master decided this case would be CONTINUED since no representatives were present for either party. The Special Master stated the Department of Animal Services and the Respondent would be notified of the new hearing date. 15, Case # 2006120703 - Jose J. and Maria Ramirez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were present. Before the Hearing began, Investigator Paul advised the Court that Lazara Chavez from Code Enforcement was available to serve as translator for the Respondents. The Special Master verified with the Respondents that they had no objections to Ms. Chavez serving in this capacity. Violation(s): Ordinance 04-58, Sec. 7(2) Residential rental unit not registered with Collier County Address of violation: 2397 50th Terrace SW, #A The Investigator stated the Notice of Violation was mailed to the Respondents via certified mail and the USPS verification of delivery had been returned. The Investigator further stated the property had been posted on March 8, 2007. The fine had been paid and the violation has been abated; the Operational Costs remain unpaid. 6 April 6, 2007 The Respondents asked ifthe Operational Costs could be waived since they were out of the area due to a family emergency at the time of notification. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but were CORRECTED prior to today's Hearing, the Respondents were found GUILTY of the violation(s) alleged and were ordered to pay Operational Costs of $133.40 on or before May 7, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. RECESS: 11:20 AM RECONVENED: 11:39 AM B. Hearine:s: (continued) 17. Case # 2006110049 - BCC vs. Henry Tesno & Jill Weaver The Hearing was requested by the Collier County Code Enforcement Investigator Joe Mucha who was present. The Respondent was present and represented by Attorney David Shankman Eddie Joe Dayton, a witness, was also present. Violation(s): Numerous minimum housing violations Address of violation: 3132 Van Buren, Naples, Florida Investigator Mucha stated a complaint had been made by a tenant against the property owners The Investigator was on-site, on November 2,2006, and observed broken windows, missing covers on electrical outlets, flooring in need of repair, the kitchen sink in need of repair, inoperable smoke detectors, roach infestation, general litter, and tall weeds. The Investigator stated he had personally taken all photographs he was introducing into evidence. Two photographs (last photograph on page 5, and top photograph on page 6) were marked as the County's Composite Exhibit "B" and were admitted into evidence. The remaining photographs were marked as the County's Composite Exhibit "A" and were admitted into evidence. The Investigator stated the property was posted on November 2, 2006, and a copy of the Notice was faxed to Respondent's attorney on March 22, 2007 and was also mailed to the Respondent on March 22, 2006. County Attorney JetIWright provided a copy of the Court's Order dated September I, 2006 regarding violations of Ordinance 04-58 (Minimum Housing Violations) which is the basis for the repeat violation. Attorney Wright stated there is a second Order dated November 17, 2006, which is currently under appeal. 7 April 6, 2007 Attorney Shankman verified with the Investigator the following issues which have been abated and are no longer in issue: . Litter and weeds have been cleared and cut . Kitchen sink countertop has been replaced . Main entrance door has been repaired . Interior door has been replaced . Improperly stored items have been removed The Investigator reiterated that the violations existed on November 2, 2006. He stated he visited the site on April 5, 2007 and many violations still remain. Mr. Dayton stated that he has worked in the field of construction since he was 14 years of age and has worked for Mr. Tesno for the past seven year. His area of expertise is in mobile homes which he has repaired and dismantled. He was also an inspector for the State of Ohio trom 1979 through 1986. Mr. Dayton introduced photographs ofthe property which he took between March 22, 2006 and March 30, 2006. The photographs were marked as Respondent's Composite Exhibit "I" and introduced into evidence as follows: . Repaired light in ceiling (two views) . Kitchen counter repairs . Repaired door to trailer . Repaired bathroom door . Smoke detector . Smoke detector in living room . Screened porch. The Respondent stated that he had replaced the light switch plates and offered photographs trom his cell phone camera in substantiation of his statement. At the suggestion of Dennis Mitchell, the Special Master requested copies of the cell phone photographs were to be developed and presented to the Court to supplement the record. Attorney Shankman stated he would comply with the request. County Attorney Wright asked Mr. Dayton ifhe was a licensed contractor. Mr. Dayton responded that he was not licensed. Mr. Dayton stated that he had been certified by the State of Ohio to perform electrical work, but was not certified in Florida. He also stated that he did not have an occupational license. The Special Master stated she would accept Mr. Dayton's testimony concerning the repairs that have been made, subject to verification by Investigator Mucha. The Special Master stated she is finding that there are remaining violations at the property, specifically: the inadequate heating is to be remedied; the roof wall (joined area) is to be repaired, and the issue with the padlocked door is to be resolved. 8 April 6, 2007 The Special Master asked for recommendations from Investigator Mucha concerning the amount oftimc to be allowed to complete the remaining repairs, the assessment of a daily fine; and the amount of penalty to be imposed immediately. Investigator Mucha requested: . Payment of Operational Costs of 130.98; . Imposition of a civil fine in the amount of $5,000; . Daily fine of $1 ,000; . Additional thirty days for compliance. Attorney Shankman stated that Mr. Mucha has been conducting investigations of the property without the presence of either Mr. Tesno or Mr. Dayton, and these actions appear to be prejudicial against the Respondent. Attorney Shankman asked Mr. Mucha to be accompanied by Mr. Dayton when any additional inspections are performed. Attorney Shankman suggested a $500. penalty and daily fine of $1 00. The Special Master asked the Investigator how many times the Respondent, his wife or Mr. Dayton had called to ask for an abatement inspection. The Investigator stated no calls were made. The Special Master stated since this was a repeat violation, a civil penalty would be assessed. She reviewed the September I, 2006 Order and noted that it was also a repeat violation, and a civil penalty was imposed at that time. She stated the Order clearly stipulated the Respondents were to contact Code Enforcement for inspection of the abatement. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the violations alleged and were ordered to pay a civil penalty of $2,500 on or before May 7, 2007, and were further ordered to either abate the remaining violations or demolish the mobile home on or before May 7, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. If the violations have not been abated by May 7, 2007, Collier County is then authorized to abate the violations by demolition and to assess the costs to the Respondents. The Respondents were ordered to pay Operational Costs in the amount of $138.98 incurred by Code Enforcement during the prosecution of this case on or before May 7, 2007. Respondents were also ordered to supply copies of the digital photographs taken by the cell phone camera to supplement the record on or before May 7,2007. Respondents were ordered to notify the Investigator within 24 hours of a workday to concur the violation has been abated. RECESS: 1 :40 PM RECONVENED: 1:55 PM 9 April 6, 2007 VI. NEW BUSINESS A. Motion for Imposition of Fines: 6. Case # 2005031150 - BCC vs. Crail! and Natalie F. Stevenson The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent, Craig Stevenson, was also present. Mr. Mitchell stated the County requested payment of Operational Costs of$203.23. Mr. Mitchell noted that a partial payment of$50.00 had been made. The Respondent stated there was full compliance and the vehicle has been removed from the property. The Special Master GRANTED the County's request and imposed a lien of $153.23. The Respondent was ordered to pay this fine on or before July 6, 2007, or the County would proceed with enforcement of the lien. XI. Case # 2005090008 - BCC vs. Barbara Lonl! The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was also present. Mr. Mitchell stated the original Order was dated October 6, 2006. The County requested payment of Operational Costs of $166.35, together with fines of $15,600 for the period from October 6, 2006 through February 22,2007 (78 days @$200/day), for a total fine of $15,766.35. The Respondent stated the building burned down and had been demolished. She stated she contacted Investigator Ybaceta to inform him that she had hired contractors to demolish the building. Apparently the contractor was not able to enter the information on the County's automated system to obtain a final inspection because the County did not input the contractor's current certificate of liability into the system. The Respondent was not aware that a Certificate of Completion had not been issued. Mr. Mitchell stated the County would not be opposed to negotiating a compromise. The Respondent stated she had paid the Operational Costs in October, 2006. The Special Master GRANTED the County's request, but imposed a reduced fine of $2,550.00 (17 days@$150/day). The Respondent was ordered to pay this fine on or before July 6, 2007, or the County would proceed with enforcement of the lien. XI. Case # 2006020265 - BCC vs. Delius Adeka The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was also present. 10 April 6, 2007 Investigator Renald Paul served as translator. Mr. Mitchell stated the original Order was dated August 4, 2006. The County requested payment of Operational Costs of $164.28, together with fines of $11 ,250 for the period from August 8, 2006 through April 6, 2007 (225 days @$50/day), for a total fine of $11,414.28. Mr. Mitchell stated that, as of April 4, 2007, violations had not been abated. The Special Master GRANTED the County's request, but imposed a reduced fine of $6,339.28 (22 days@$50/dayplus 203 days@S101.50/dayplus $164.28). The Respondent was ordered to pay this fine on or before July 6, 2007, or the County would proceed with enforcement of the lien. XI. Case # 2006040221 - BCC vs. Aleiandro Guillen The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was also present. Napolean Rocuyan, the contractor, was present as a witness. Mr. Mitchell stated the original Order was dated August 22, 2006. Mr. Mitchell noted the Operation Costs of$137.10 had been paid. The County requested imposition of fines of $1 ,800 for the period from September 6, 2006 through September 15, 2006 (9 days @ $200/day). The Contractor requested a reduction of fines because the Respondent had tiled but the County rej ected the plans because of confusion over his status as an owner/builder. The Special Master GRANTED the County's request, but imposed a reduced fine of $900.00. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. XI. Case # 2006031121 - BCC vs. Moise Saint Louise The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was also present. Investigator Renald Paul served as translator. Mr. Mitchell stated the original Order was dated May 5, 2006. The County requested payment of Operational Costs of $180.66, together with fines of $700 for the period from May 12,2006 through May 19, 2006 (7 days @$IOO/day), for a total fine of $880.66. Mr. Mitchell stated the Respondent stated he had paid the fine, but Mr. Mitchell had no record of payment. II April 6, 2007 The Respondent stated he paid $380.00 at the Courthouse. The Special Master GRANTED the County's request and imposed a fine of$880.66. The Special Master ordered the Respondent to produce receipts or other proof of payment to Code Enforcement on or before April 13, 2007. The Special Master stated ifpayment has been made, she would consider a reduction offines at a later date. The Special Master further stated if the Respondent could not produce proof ofpayment, the fine would remain as imposed. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. XI. Case # 20060030909 - BCC vs. Pablo and Maria Navarrete The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent, Pablo Navarette, was also present. Jesus Navarrete and Pablo Navarrete, Jr., served as translators. Mr. Mitchell stated the original Order was dated May 19,2006. The County requested payment of Operational Costs of$163.34, together with fines of$5,400 for the period from June 2, 2006 through July 26,2006 (54days @$JOO/day), for a total fine of $5,563.34. Mr. Mitchell stated that due to the cooperation of the Respondents, the County would not oppose a compromise. The Respondent stated it is impossible to find adequate, safe parking for the trucks in lmmokalee. The Special Master GRANTED the County's request, but imposed a reducedfine of $1,163.34 (Fine of$I,OOO plus Operational Costs of$163.34). The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. XI. Case # CO-4229 (2005120473) - BCC vs. Ronald Zbikowski The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was present and represented Attorney Rankin. Mr. Mitchell stated the original Order was dated May 19, 2006. Mr. Mitchell noted the Operational Costs have been paid. The County requested imposition of a total tine of $28,400 for the period from June 16,2006 through March 28, 2007 (or 284 days @$IOO/day). Attorney Rankin stated compliance had been achieved by March 7, 2007. The Special Master GRANTED the County's request, but imposed a reduced fine of $12,500 (125 days at $100/day). 12 April 6, 2007 The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. V. PUBLIC HEARINGS B. Hearings: XI. Case # 2007010272 - BCC vs. Maxine and Ametide Exantus The Hearing was requested by Collier County Code Enforcement Investigator Carmelo Gomez who was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondents were not present. Violation(s): Ordinance 41-41, as amended, Sec. 2.01.00(A), 1.04.01, and 2.02.03 Inoperable/untagged vehicle parked on residentially-zoned property Address of violation: 5400 29th Place SW, Naples, Florida Mr. Mitchell stated an Investigator visited the property on April 5, 2007 and verified the violations had not been abated. Mr. Mitchell introduced a photograph of the three vehicles still remaining on the premises which was marked as County Exhibit "A" and introduced into evidence. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the violations alleged and were ordered to either remove the vehicles from the property, or to store the vehicles in a completely enclosed structure, or to obtain and affIX a current license on each of the three vehicles on or before April13, 2007 or afine of $50 per day per vehicle would be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondents were ordered to pay a civil penalty of $500.00 on or before May 7,2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondents were further ordered to pay Operational Costs of $147.59 incurred by during the prosecution of this case on or before May 7,2007. The Respondents are to notifY the lnvestigator within 24 hours of a workday to concur the violation has been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines: XI. Case # 2005080446 - BCC vs. Brenda Soto The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was not present. 13 April 6, 2007 Mr. Mitchell stated the original Order was dated November 28,2005. The County requested payment of Operational Costs of$162.85, together with tines of$750.00 for the period from December 5, 2005 through December 20, 2005 (15 days @$50/day). Mr. Mitchell noted that a partial payment of $562.95 had been made. Therefore, the total amount of fines would be $350.00. The Special Master GRANTED the County's request and imposed a total fine of $350.00. The Special Master noted the fines will continue to accrue because abatement has not occurred. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. XI. Case # 2006030716 - BCC vs. Samuel Lee Miller. Jr. The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was not present. Mr. Mitchell stated the original order was dated September 15, 2006. The County requested payment of Operational Costs of$152.05, together with fines of$10,600 for the period from September 25,2006 through January 9,2007 (106 days @ $IOO/day), for a total tine of$10,752.05. The Special Master GRANTED the County's request and imposed a total fine of $10,752.05. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. XI. Case # 2006030278- BCC vs. Edward Slasienski The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was not present. Mr. Mitchell stated the original order was dated October 6, 2006. The County requested payment of Operational Costs of $162.00. Mr. Mitchell noted the violations have been abated. He also stated that, in view of extenuating circumstances of the Respondent, the County requested the Operations Costs to be waived. The Special Master GRANTED the County's request and waived the payment of Operational Costs. XI. Case # 2004090636 - BCC vS. Randolph Shelton The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was not present. Mr. Mitchell stated the original order was dated February 23,2005. The County requested payment of Operational Costs of$305.01, together with fines of$73,300 for the period from March 14,2005 through April 6, 2007 (753 days @ $100/day), for a total fine of$75,605.01. 14 April 6, 2007 The Special Master noted that the USPS verification of delivery, signed by the Respondent, was in the file. The Special Master GRANTED the County's request and imposed a total fine of $75,605.01. The Special Master noted thefines will continue to accrue because abatement has not occurred. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien XI. Case # 2004090716 - BCC vs. Randolph Shelton The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was not present. Mr. Mitchell stated the original order was dated February 23, 2005. The County requested payment of Operational Costs of$305.0l, together with fines of$37,800 for the period from March 1 1,2005 through April 6, 2007 (756 days @ $50/day), for a total tine of$38,105.01. Mr. Mitchell stated the violation has not been abated. The Special Master noted that the USPS verification of delivery, signed by the Respondent, was in the file. The Special Master GRANTED the County's request and imposed a total fine of $38,105.01. The Special Master noted the fines will continue to accrue because abatement has not occurred. The Respondent was ordered to pay this fine on or before July 6, 2007, of the County would proceed with enforcement of the lien. B. Motion for Reduction of Fines: None VII. OLD BUSINESS XI. Request to forward Case for Collections/Foreclosure: None VIII. CONSENT AGENDA - None IX. REPORTS - None XI. COMMENTS - None XI. NEXT MEETING DATE - April 20, 2007. 15 April 6, 2007 ***** There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 4:20PM. 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, ]6