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CESM Minutes 05/04/2007 May 4, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, May 4, 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 Letourneau, Code Enforcement - Investigative Supervisor HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: May 4, 2007 at 8:30 A.M. Location: 330 I 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 RI'CORD OF TIlE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MA Y NEED TO ENSURE THAT A VUmATIM 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 - April 20, 2007 V. PUBLIC HEARINGS IV. MOTIONS FOR CONTINUANCE A. Stipulations B. Hearings I. CASE NO: OWNER: OFFICER: VIOLATIONS: SO ]6]923 ENTERPRISE LEASING COMPANY DEP. KENNETH ROBINS ORD. SEe. 130-66 (I )(H) FIRE LANE VIOLA TION ADDRESS: BEST BUY 2. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLA TION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: DAS 11164 DAVID SPICER DAS OFC. WILLIAM GEORGE ORD. SEe. 14.4 I (A)5 TO LEAVE ANY ANIMAL IN A VEHICLE UNATTENDED AND WITHOUT PROPER VENTILATION 12TH ST 5 & 6TH A VI' 5 DAS II 165 DA VID SPICER DAS OFe. WILLIAM GEORGE ORD. SEe. 14.41 (A)5 TO LEA VI' ANY ANIMAL IN A VEHICLE UNATTENDED AND WITHOUT PROPER VENTILATION 12TH 5T S & 6TH AVE 5 4. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS ] ]410 LISA RIFFLE DAS OFC.K. ZEITLER ORD. SEe. 14.36 (A)(2) TO ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS: 25TH AVE SW (ROADWAY) 5. CASE NO: OWNER: OFFICER: VIOLA TlONS: DAS 11411 LISA RIFFLE DAS OFe. K. ZEITLER ORD. SEC. 14.36 (A)(2) TO ALLOW A DOG TO RUN AT LARGE VIOLA TION ADDRESS: 25TH AVE SW (ROADW A Y) 6. CASE NO: OWNER: OFFICER: VIOLA TlONS: DAS 11412 LISA RIFFLE DAS OFe. K. ZEITLER ORD. SEe. 14.36 (A)(2) TO ALLOW A DOG TO RUN AT LARGE VIOLA TlON ADDRESS: 25TH AVE SW (ROADWAY) 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS 11503 CHRISTINE BARTLETT DAS OFC. HINKLEY ORD. SEe. 14.36 (A)(2) TO ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS 851 17TH ST SW 8. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11504 CHRISTINE BARTLETT DAS OFC. HINKLEY ORD. SEC. 14.34 (A)(4) FAILURE TO AFFIX COLLIER COUNTY LICENSE VIOLATION ADDRESS: 851 17TH ST SW 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS 1]505 CHRISTINE BARTLETT DAS OFe. HINKLEY ORD. SEe. 14.36 (A)(2) TO ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS: 851 17TH ST SW 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO 04038 2007020489 APPLE TRANSPORT A TION, INC C/O JOHN J. POELCER JR. INV. M. CROWLEY CHAPTER 142 CODE OF LA WS & ORDINANCES AND CHAPTER 142-58(F)(3) AND 142-55(A) OPERATED VEHICLE FOR HIRE SERVICE WITHOUT A THEN EFFECTIVE PV AC CERTIFICATE TO OPERATE; AND FAILED TO RENEW THE ('I'RTlFICA TE TO OPERATE PRIOR TO EXPORATION ON JANUARY 31, 2007 VIOLATION ADDRESS: COLLIER COUNTY II, CASE NO: OWNER: OFFICER: VIOLA TIONS: CO 044] 2007020493 PALM-AIR TRANSPORTATION, LLC C/O JOHN E. MCENTEE, JR INV. M. CROWLEY CHAPTER 142 CODE OF LAWS & ORDINANCES AND CHAPTER 142-58(F)(3) AND 142-55(A) OPERATED A VEHICLE FOR HIRE SERVICE WITHOUT A THEN EFFECTIVE PVAC CERTIFICATE TO OPERATE. FAILED TO RENEW THE CERTIFICATE TO OPERATE PRIOR TO THE EXPIRATION OF SAID CERTIFICATE ON JANUARY 31, 2007. VIOLATION ADDRESS: COLLIER COUNTY 12. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 3316 LORETTA LANZILLO INV. STEPHEN A THEY ORD. SEC. 130-66 UNLA WFUL AREA - ALONGSIDE A COUNTY STREET RIGHT OF WAY VIOLATION ADDRESS: VANDERBILT DR 13. CASE NO: OWNER: OFFICER: VIOLA TIONS: 20070]0083 JOSEFINA MUNOZ INV. CAROL SYKORA ORD. 2004-41 SEC.10401 & 2.0 LOO(B) LAND USE & RECREATIONAL VEHICLES/EQUIPMENT - THREE RECREATIONAL VEHICLES BEING UTILIZED FOR LIVING/SLEEPING PURPOSES ON PROPERTY ZONED AGRICULTURAL WITH MOBILE HOME OVERLA Y VIOLATION ADDRESS: 3026 IMMOKALEE DR (IMMOKALEE) 14. CASE NO: 2006] ]0321 OWNER: COURTHOUSE SHADOWS CONSOLIDATED HOLDINGS INC R/A HOUSTON, JOSEPH OFFICER: INV. CAROL SYKORA VIOLATIONS: ORD. 2003-14 SEC(S). 5, 7 NO ADDRESS NUMBERS ON RESIDENCE LOCATED AT 414 BOOKER BLVD, IMMOKALEE, FL IN VILLAGE RESIDENTIAL ZONE VIOLATION ADDRESS: 414 BOOKER BLVD (lMMOKALEE) 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006080317 SCRIVENS SR EST, WILLIAM L1CLEVELAND BURGESS/JAMES SCRIVENS INV. CAROL SYKORA ORD. 2004-41 SEC(S). I 0.02.06(B)( I )(A), I 0.02.06(B)( I )(D), I 0.02.06(B)( I )(0)(1) NO COLLIER COUNTY PERMITS FOR SECOND MOBILE HOME ON PROPERTY LOCATED AT 424 15TH ST SE, IMMOKALE, FL IN MOBILE HOME ZONING. MOBILE HOME WAS PARTIALLY DEMOLISHED BY OWNER WITH NO PROGRESS SINCE JANUARY. VIOLA TlON ADDRESS: 424 15TH ST SE (IMMOKALEE) 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006]00007 PATRICIA DOLAN INV. JOE MUCHA ORD. 04-58 SEe. 6 SUB SEe. 121, 12P, 19A PROPERTY MAINTf'NANCE AND HOUSING VIOLATIONS VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLA TION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: 21. CASE NO: OWNER: OFFICER: VIOLATIONS: 980 AUTO RANCH RD #5 2005 110422 OLLIE MAE LOWE EST., MARGARET A WRIGHT PR INV. JOHN SANTAFEMIA ORD. 22, ARTICLE II, SEC. 103. 11.1 UNSAFE BUILDINGS OR SYSTEMS - STRUCTURE IN SEVERE DISREPAIR WHICH IS CAUSING AN UNSAFE AND HAZARDOUS CONDITION 903 CHARLOTTE ST 2007030326 DA VID SIRENORD INV. RENALD PAUL ORD. 04-41 SEe. 4.05.03( C) MULTI-FAMILY DWELLING UNITS - VEHICLES PARKED ON THE FRONT YARD AT 2136 SUNSHINE BLVD, NAPLES, 1'1, 2136 SUNSHINE BLVD 2007030325 DA VID SIRENORD INV. RENALD PAUL ORD. 04-4 I SEe. 2.0 I.OO(A) INOPERABLE/UNTAGGED VEIIICLES - PURPLE FORD EXPLORER IN THE DRIVEWAY WITII TWO FLAT TIRES 2136 SUNSHINE BLVD 2007030327 JACOB ALBERT INV. RENALD PAUL ORD. 04-41 SEe. 4.05.03( C) MULTIPLE VEHICLES PARKED ON THE FRONT YARD AT 2112 SUNSHINE BLVD 2 I 12 SUNSHINE BL VD 2007010974 AGUSTIN AND/OR BERTHA CISNERAS INV. AZURE SORRELS ORD. 04-41 SEe. 2.0 1.00(A) INOPERABLE/UNTAGGED VEHICLES - WHITE FORD PROBE WITHOUT A CURRENT VALID LICENSE PLATE ATTACHED, PARKED IN DRIVEWA Y. VIOLA TION ADDRESS: 5331 GEORGIA AVE VI. NEW BUSINESS 1. A. Motion for Imposition of Fines: CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070]63 LAKER INVEST. MGMT, JOSEPH HOUSTON (DIRECTOR) INV. JOHN SANTAFEMIA ORD. 04-58 SEC. 10, II, 12B, C,D, 1" M, N, P, 19A&B & 20 MINIMUM HOUSING VIOLATIONS VIOLA TION ADDRESS: 437 CARVER ST . 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2006080472 JEAN CLAUDE MARTEL INV. JOE MUCHA ORD. 04-58 SEe. 6. SUB SEC. 1,4,9, II, 12B, C, I, 1" 0, P, 19 A,D & 20 MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 3152 KAREN DR 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006081112 JEAN CLAUDE MARTEL INV. JOE MUCHA ORD. 04-58 SEe. 6 SUB SEC. 4, 5, 12B, P, 19A,B,C, 20 MINIMUM HOUSING VIOLATIONS VI01.A TlON ADDRESS: 3176 KAREN DR 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2006070299 JOSE A. ORTEGA INV. HEINZ BOX ORD. 2004-41 SEC. 2.02.03 MAINTAINING OR ALLOWING THE OPERATION OF AUTOMOBILE REPAIR BUSINESS FROM THE SUBJECT PROPERTY THAT IS LOCATED IN A VILLAGE RESIDENTIAL ZONED AREA VIOLA TlON ADDRESS: 3107 KAREN DR 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070434 WILLIAM WILLIAMS INV. JOHN SANTAFEMIA ORD. 04-58 SEC.6 SUB SEC. I, I I, 12B, C, I, 1" & 20 NUMEROUS MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 641 N 9TH ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006050413 RONALD ABEL INV. JEFF LETOURNEAU ORD. 04-41 SEe. 2.0 I.OO(A) UNLICENSED/INOPERABLE VEHICLES ON RESIDENTIAL PROPERTY VIOLA TlON ADDRESS: 2172 41 ST TERR SW 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2006080097 DEN RIQUE BASTIEN INV. JOE MUCHA ORD. 04-41 SEe. 20 1.00( I) UNLICENSED/INOPERABLE VEHICLES VI01.ATlON ADDRESS: 5471 CAROLINA AVE 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: May 18,2007 XI. ADJOURN May 4, 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: 9:14AM RECONVENED: 9:30 AM II. APPROVAL OF AGENDA Jeff Letourneau, Code Enforcement Investigative Supervisor, proposed the following changes: . The Respondent was changed to Ralph Lytle in Case #SO 161923. . Case # CE 3316 - BCC vs. Loretta Lanzillo was withdrawn by the County. . The County requested a Continuance in Case # 2006050413 - BCC vs. Ronald Abel. The Respondent wilI receive notice of the new hearing date. . Case # 2006080097 - BCC vs, Denrique Bastien was withdrawn by the County. . Cases # DAS 11503, DAS 11504 and DAS 11505 - (all) BCC vs. Christine Bartlett were removed from the Agenda due to payment of fines. . Case # CO 0441 - BCC vs, Palm-Air Transportation, LLC, was removed from the Agenda due to payment of fines. . In Case #1007030327 - BCC vs. Jacob Albert, a second Case ("A") was added to the Agenda. . Cases #2007040039 and #2007040275 - (both) BCC vs, Jill Weaver and Henry Tesno were added to the Agenda. Stipulations were reached in the followin!! cases: Item 18, Case # 2007030326 - BCC vs. David Sirenord Item 19, Case # 2007030325 - BCC vs. David Sirenord Item 13, Case # 2007010083 - BCC vs. Josefina Munoz Item 16, Case # 2006100007 -BCC vs. Patricia Dolan Item 17, Case # 200511 0422 - BCC vs. Ollie Maw Lowe Estate Item 21, Case # 2007010974 - BCC vs, Agustin and/or Bertha Cisneras 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 - April 20, 2007 The Minutes of the Hearing held on April 20, 2007 were reviewed by the Special Master and approved as submitted. IV. MOTlON(S) FOR CONTINUANCE - None 2 May 4, 2007 V. PUBLIC HEARINGS A, Stipulations: 18, Case # 2007030326 - BCC vs. David Sirenord The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): Ordinance 04-41, Section 4.05.03(C) Vehicles parked on front yard (Multi-family dwelling units) Address of violation: 2136 Sunshine Blvd., Collier County A Stipulation was agreed to by the Respondent on April 19. 2007. Investigator Paul stated he met with the Respondent on April 19, 2007; the violations had been abated, and the Operational Costs had been paid by the Respondent. Finding the Notice of Hearing was properly served, and finding the violation did exist but was CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the violation(s) as alleged. The Respondent has paid the Operational Costs in the amount of $145. 00 incurred during the prosecution of this case. 19, Case # 2007030325 - BCC vs, David Sirenord The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): Ordinance 04-41, Section 2.01.00(A) Inoperable/untagged vehicles Address of violation: 2136 Sunshine Blvd., Collier County A Stipulation was agreed to by the Respondent on April 19, 2007. Investigator Paul stated he met with the Respondent on April 19, 2007; the violations had been abated, and the Operational Costs had been paid by the Respondent. Finding the Notice of Hearing was properly served, and finding the violation(s) did exist but were CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the violation(s) as alleged. The Respondent has paid the Operational Costs in the amount of $145,00 incurred during the prosecution of this case. V. A. 13. Case # 2007010083 - BCC vs. Josefina Munoz The Hearing was requested by Collier County Code Enforcement Field Supervisor Carol Sykora who was present. The Respondent was not present. 3 May 4, 2007 Violation(s): Ordinance 04-41, Sections 1.04.00 and 2.01.00(B) Land use and recreational vehicles/equipment on property - three recreational vehicles being used for living/sleeping .purposes on property zoned agricultural with mobile home overlay. Address of violation: 3026 Immokalee Drive, Collier County A Stipulation was agreed to by the Respondent on May 3, 2007. Field Supervisor Sykora stated the violations have been abated and the Respondent had agreed to pay the Operational Costs. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the violations as alleged. The Respondent was ordered to pay Operational Costs in the amount of $200.38 incurred during the prosecution of this case on or before June 4,2007, 16. Case # 2006100007 - BCC vs. Patricia Dolan The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent had been present earlier and had entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 04-58, Sections 6, subsections 12 (I) and (P), 19(A) Property maintenance and housing violations. Address of violation: 980 Auto Ranch Rd #5, Collier County A Stipulation was agreed to by the Respondent. Investigator Mucha stated he inspected the site and the violations had been abated; the Respondent agreed to pay the Operational Costs. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the violations as alleged. The Respondent was ordered to pay Operational Costs in the amount of$197,99 incurred during the prosecution of this case on or before June 4,2007. V. A. 17. Case # 2005110422 - BCC vs. Ollie Mae Lowe Estate, Marl!aret A. Wril!ht, PR The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was represented by Margaret A. Wright. Violation(s): Ordinance 22, Article II, Section 103.1 J.J Unsafe buildings or systems - structure in severe disrepair. Address of violation: 903 Charlotte Street, Collier County 4 May 4, 2007 A Stipulation was agreed to by Margaret A. Wright as Personal Representative for the Estate of Ollie May Lowe. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the violations alleged and was ordered to obtain all required permits to either repair or remove the structure and obtain a Certificate of Occupancy/Completion on or before August 4,2007, or afine of$100.00 per day would be imposedfor each day the violations 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 $238.74 incurred during the prosecution of this case on or before August 4,2007. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 21. Case # 2007010974 - BCC vs. Al!ustin Cisneras and/or Bertha Cisneras The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent, Agustin Cisneras, was also present. The Respondent's daughter was present to serve as translator. Violation(s): Ordinance 04-41, Section 2.01.00(A) Inoperable/untagged vehicle parked in driveway Address of violation: 5331 Georgia Avenue, Collier County A Stipulation was agreed to by Agustin Cisneras on behalf of himself and his wife, Bertha Cisneras. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the violations alleged and were ordered to obtain and affIX a valid license plate to the vehicle, or to remove the vehicle from the property, or to store the vehicle in an enclosed structure on or before May 7,2007, or afine of $50. 00 per day would be imposed for each day the violations 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$163,81 incurred during the prosecution of this case on or before June 4,2007, The Respondents were ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. V. B. Hearinl!s: 1. Case # SO 161923 - BCC vs. Ralph Lvtle The Hearing was requested by the Respondent who was present. Collier County Deputy SheritIKenneth Robins was also present. Violation(s): Ordinance 130-66, Section I(H) Fire Lane 5 May 4, 2007 The Respondent stated he was employed by Best Buy and had parked his car in the area that Best Buy uses as a loading zone. Deputy Robins stated the vehicle was parked in the fire lane. He also stated the only signage visible identified the area as a fire lane. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violation alleged and was ordered to pay a civil fine of $3 O.00 on or before June 4,2007, 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 June 4, 2007, Total Fine: $80.00 2. Case # DAS 11164 - BCC vs. David Suicer 3. Case # DAS 11165 - BCC vs. David Suicer The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Kubicsek was present representing Officer William George. Violation(s): Ordinance 14-41, Section 5(A) To leave any animal in a vehicle unattended and without property ventilation The Special Master noted the Respondent sent a letter and a photograph to the Court. The letter stated the Respondent contested the violation because his vehicle had been parked in the shade with all windows and the roof vent partially open. The letter stated the Respondent would not intentionally place his animals in jeopardy. Officer Kubicsek stated the file contained a copy of the Respondent's letter and she would present the case based on Officer George's notes. Officer Kubicsek stated a dog could suffer heat stroke within fifteen minutes of being left in a non-ventilated vehicle. Officer Kubicsek stated the roof vent was not open and she considered the situation to have been "aggravated" due to the heat and time involved since the animals were left unattended for over fifteen minutes. V. B. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the violations alleged in Citations 11164 and 11165 and was ordered to pay a civil penalty of$250.00for each Citation, together with a DASfee of$7.00 per Citation, on or before June 4, 2007, The Respondent was ordered to pay Operational Costs in the total amount of$50,00 incurred during the prosecution of this case on or before June 4,2007, Total Fines: $564.00 6 May 4, 2007 4. Case # DAS 11410 - BCC vs. Lisa Riffle 5. Case # DAS 11411- BCC vs.. Lisa Riffle 6. Case # DAS 11412 - BCC vs. Lisa Riffle The Hearing was requested by the Respondent who was present. Collier County Department of Animal Services Officer K. Zeitler was also present. Violation(s): Ordinance 14-36, Section 2(A) To allow a dog to run at large The Respondent presented photographs of her fenced yard where she stated she had made repairs to prevent the dogs from escaping. Two of the dogs were from the DAS Animal Shelter; she has since returned them to the Shelter. Her remaining dog does not try to escape. Photographs were marked as Respondent's Exhibit "A" (fence with palm tree to the left), "B" (long shot of the house and fence), and "C" (close up of the fence showing the Labrador and a Pug) and entered into evidence. Officer Zeitler stated the Citations were issued based on two separate affidavits which marked as County's Exhibit "A" (Donna's affidavit) and Exhibit "B" (Marsha's affidavit) and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violations alleged and was ordered to pay a civiljine of $1 00, 00 per Citation, together with a DASfee of$7.00 per Citation, on or before June 4, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. The Respondent was ordered to pay Operational Costs in the total amount of$30.00 incurred during the prosecution of this case on or before June 4, 2007. Total Fines: $351.00 V. B. 10. Case # CO 04039 - BCC vs. Apple Transportation, Inc.. c/o John J. Poelker, Jr. The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Michaelle Crowley was also present. John McDougal, Michael Soperak, Assistant Collier County Attorney Thomas Palmer appeared as witnesses. Violation(s): Chapter 142, Code of Laws and Ordinances, l42-58(F)(3) and l42055(A) Operated a vehicle for hire without a then effective PV AC certificate; Failed to renew the certificate prior to expiration on January 31, 2007 The Respondent's last name is spelled P-o-e-l-k-e-r. He stated he relied on information obtained at a PV AC meeting held on June 5, 2006 during which the assistant Collier County attorney, Thomas Palmer, stated that a company licensed in Lee County that comes into Collier County only to drop off, and not to solicit business, does not need a PV AC certificate. 7 May 4, 2007 John McDougal was called as a witness. He stated he is a consultant who is licensed in Florida. He presented a copy of a memorandum from Me. Palmer, dated April 16, 2007, which was marked as Respondent's Exhibit "A" and was admitted into evidence. Michael Soperak was also called as a witness. He stated that Me. Palmer had indicated that a PV AC certificate was not needed to operate in Collier County for pre-arranged, prepaid return trips. The Special Master stated she would take Judicial Notice of the fact that a hearing took place in June, 2006, and both sides agreed that Assistant County Attorney Palmer gave information that rnay have led to the present confusion. Investigator Crowley stated that if a passenger is picked up in Collier County at a later date (not part of a contiguous trip), the Collier County ordinance would be triggered and the vehicle for hire would be required to have a Certificate. Assistant County Attorney Thomas Palmer stated it was clear that the Collier County Ordinance prohibits return trips to pick up passengers at a later date; the Ordinance only allows for contiguous trips. He stated his memo, dated April 16, 2007, discussed how this situation might be changed if the PV AC made recommendations to the Collier County Board of County Comrnissioners and if the Board determined to revise the Ordinance. The Special Master stated that she would hear the tape of the Lee County meeting since this was the third transportation company cited for violating the Ordinance. The Special Master called for a recess in order to allow the tape to be set up. RECESS: 11:06 AM RECONVENED: 11:16 AM Michelle Arnold, Code Enforcement Director, suggested that the Special Master listen to the tape. She further suggested that the Special Master make a decision regarding this case, but withhold assessing penalties until after the transportation company obtained its Certificate to Operate ("CTO"). V, B. Attorney Palmer stated the tape would show there was a good faith mistake and whatever the company did, it was because it relied upon the mis-information. Michelle Arnold suggested that the parties negotiate off-site and return to the Special Master with an actual agreement. The Special Master concurred with the suggestions and stated the tape could be placed into evidence and viewed later if necessary. 14. Case # 2006110321 - BCC vs. Courthouse Shadows Consolidated Holdinl!s. Inc., Rel!istered Al!ent. Joseph Houston The Hearing was requested by Collier County Code Enforcement Field Supervisor Carol Sykora who was present. The Respondent was not present. Violation(s): Ordinance 03-14, Sections 5 and 7 8 May 4, 2007 Repeat Offense: No address numbers on residence located in village residential zone Address of violation: 414 Booker Blvd, Collier County Field Supervisor Sykora stated she observed the lack of identifying numbers on the residence in November, 2006, and sent a Notice of Violation to the Registered Agent via certified mail; the USPS verified delivery on November 18, 2006. She stated she spoke to the Resident Agent in December, 2006, concerning the problem. The numbers had not been placed on the residence by February, 2007. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violation(s) as alleged and was ordered to obtain and affIX 4" high address numbers to the residence on or before May 7, 2007, or afine of $50. 00 per day 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 $159.37 incurred during the prosecution of this case on or before June 4,2007, The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 15. Case # 2006080317 - Estate of William L. Scrivens, Sr.. Cleveland Bure:ess and James Scrivens The Hearing was requested by Collier County Code Enforcement Field Supervisor Carol Sykora who was present. The Respondent, Cleveland Burgess, was also present. Respondent, James Scrivens, was not present. v. B. Violation(s): Ordinance 04-41, Sections 10.02.06(B) (I) (A) and (D), and 1O.02.06(B) (I) (D) (I) No permits for second mobile home on property located in mobile home zoning; mobile home was partially demolished by owner with no progress since January, 2007 Address of violation: 424 15th Street, SE, Collier County Field Supervisor Sykora stated in August, 2006, she observed an illegal second mobile home on the property and sent a Notice of Violation via certified maiL In September, Mr. Burgess contacted the office and Supervisor Sykora extended his time to comply. Supervisor Sykora introduced photographs of the property which were marked as County Exhibit "A" (page I), Exhibit "B" (page 2), Exhibit "C" (page 3), Exhibit "0" (page 4), and Exhibit "E" (page I at bottom - single photograph) and entered into evidence. The Special Master asked the Respondent ifhe had contacted his brother and ifhe knew about the Hearing. The Respondent stated that he was not representing his brother, James Scrivens. The Respondent stated he was attempting to tear down the mobile home but that he had health problems. 9 May 4, 2007 The Special Master asked the Respondent ifhe had a permit for the mobile home to be on the property and ifhe had obtained a permit for the demolition. The Respondent stated the mobile home was used primarily for storage. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the violation(s) as alleged and were ordered to complete demolition of the mobile home and to remove all related debris to an appropriate disposal site on or before June 4, 2007, or Collier County would complete the demolition and remove all related debris and the cost would be assessed to the Respondents. The Respondents were ordered to pay Operational Costs in the amount of $200.38 incurred during the prosecution of this case on or before June 4, 2007. The Respondents were ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated, 10. Case # CO 04038 - BCC vs. App]e Transportation. Inc.. c/o John J. Poelker. Jr. (Continued) Michelle Arnold stated the parties agreed to a Stipulation: . the parties agree there was a technical violation of the Ordinance; . the violation was not willful due to good faith reliance on discussions and information provided as a meeting that occurred in June, 2006; . that App]e Transportation, Inc. was eligible to obtain, and should apply for, aCTO from PV AC V. B. Ms. Arnold stated the parties were still not in agreement concerning the amount of the penalty to be assessed. Staff had suggested a penalty in an amount between one dollar and $500. The Special Master ruled that the Stipulation was accepted and that the violation of the Ordinance was technical, not willful, The Special Master further ruled that this violation, due to its nature, would not be grounds to withhold a Certificate to Operation from Apple Transportation, Inc. by the PVAC. The Special Master assessed a civil penalty of$250.00 to be paid on or before May 18, 2007. The Special Master noted that the tape she had considered hearing had not been entered into evidence; it was returned to the Respondent. 20. Case # 2007030327 - BCC vs. Jacob Albert The Hearing was requested by Collier County Code Enforcement Investigator Rena]d Paul who was present. The Respondent was also present. Violation(s): Ordinance 04-4], Section 4.05.03(C) Multiple vehicles parked on front yard Address of violation: 2]]2 Sunshine B]vd., Collier County 10 May 4, 2007 Investigator Paul presented photographs taken in March, 2007, and which were marked as County's Composite Exhibit "A" and entered into evidence. He stated the Respondent had been served previously for the same violation. Investigator Paul stated although this violation had been abated, the Respondent was before the Special Master due to the recurring nature of the violation. The Respondent stated he had warned his tenants that they must observe the parking rules. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the violation(s) as alleged and was ordered to remove all vehicles from the front yard of the property on or before May 7,1007, or afine 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 $145.00 incurred during the prosecution of this case on or before June 4,1007. The Respondents were ordered to notify the Investigator within 14 hours of a workday to concur the violation had been abated, 20-A. Case # 2007040109 - BCC vs. Jacob Albert The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Code Enforcement Investigative Supervisor Jeff Letourneau was also present. The Respondent was also present. V. B. Violation(s): Ordinance 04-55, Section 19(C) Emergency Hearing: Infestation of bees entering and exiting the roof of the residence Address of violation: 2112 Sunshine Blvd., Collier County Investigator Paul stated he was at the premises for another purpose when he noticed a swarm of bees entering and exiting the roof of the residence. He stated he called the Respondent to alert him to this situation which the Investigator classified as an emergency since there were small children at the residence. On April 26, 2007, the Investigator returned to the site and observed that the issue had not been corrected. Investigative Supervisor Letourneau stated he spoke with the Respondent and told him that the roof was still not fixed. He also informed the Respondent the case would be set for a hearing. The Respondent said he had attempted to repair the hole in the roof, and had used a spray to kill the bees. He further stated that since he was in Naples, he would seal the hole in the roof. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the violation(s) as alleged and was ordered to pay a civil penalty of $300. 00 on or before June 4, 1007. II May 4, 2007 The Respondent was further ordered to rid the property of any infestation on or before May 9, 2007, or afine of$500,00 per day would be imposed for each day the violation remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Master, The Special Master ordered the Respondent to provide proof of the removal of the bees by furnishing a statement from a professional company. If such statement is produced, the civil fine will be reduced by the cost paid to the bee removal company, If the Respondent removes the infestation by himself, he is ordered to provide clear photographs to the Investigator as evidence of the complete removal of the bees from the property. The Respondent was ordered to pay Operational Costs in the amount of $145. 00 incurred during the prosecution of this case on or before June 4,2007, The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 22. Case # 2007050039 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present, but were represented by Eddie Dayton. Violation(s): Ordinance 04-58, Section 6(1)(2)(5)(9)(10) and (11) Emergency Housing violations Address of violation: 3205 Lunar Street, Collier County V, B. Property Maintenance Specialist Mucha stated he had received a complaint about the property. He made a site visit to the property and observed a mobile home that was rented without hot and cold water supply. The tenant stated the water supply had been turned off and the water meter had been removed by the City of Naples. The Investigator presented a copy of a water bill, dated March 9, 2007, which was marked as County Exhibit "A" and entered into evidence. Mr. Dayton stated that Mr. Tesno could not be present and had authorized him to appear on his behalf. Supervisor Letourneau asked Mr. Dayton ifhe had any written proof of his authorization to represent the Respondents. Mr. Dayton did not have a written document due to the short notice; the property was posted on May 3, 2007. Mr. Dayton asked if the hearing could be continued to another date so the Respondents could appear. The Special Master stated she would take Judicial Notice that Mr. Dayton testified in a previous case he had been hired by the Respondents as their property manager. The Special Master denied the Request for a Continuance because this issue concerns the health and safety of the tenants. 12 May 4, 2007 Property Maintenance Specialist Mucha presented a photograph of the properly which was marked as County Exhibit "B" and entered into evidence. Mr. Dayton stated this was an on-going problem; it was his understanding that the previous tenant would move in, pay to have the water and electricity turned on. Mr. Dayton stated the Respondenls are in the process of having the tenants evicted and did not know if the Respondents had a written agreement with the tenants. The Special Master determined that Mr. Dayton would be allowed to represent the Respondents. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the violation(s) as alleged and were ordered to restore all utilities to the property on or before May 7,2007, or afine of $250. 00 per day would be imposed for each day the violation remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Master. The Special Master ruled that these units could not be rented until the utilities have been restored. The Respondent was ordered to pay Operational Costs in the amount of$163.80 incurred during the prosecution of this case on or before June 4,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. V. B. 23. Case # 2007040275 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents nol present, but were represented by Eddie Dayton. Violation(s): Ordinance 04-58, Section 6(1 through II), 12(d)(h)(i)(k)(l)(0)(p), 19(b) Emergency Housing violations Address of violation: 3137 Lunar Street, Collier County Property Maintenance Specialist Mucha stated the emergency situation had been abated. Mr. Dayton asked if the hearing could be continued to another date so the Respondents could appear. The Special Master GRANTED the Respondents' request for a Continuance. The Respondents would receive proper notice concerning the date of the new Hearing, RECESS: 12:50 PM RECONVENED: 1:00 PM VI. NEW BUSINESS A. Motion for Imposition of Fines: 13 May 4, 2007 2. Case # 2006080472 - BCC vs. Jean Claude Martel The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Property Maintenance Specialist Joe Mucha was present. The Respondent was also present. The County requested payment of Operational Costs of$132.45, the assessment of a civil penalty of$I,OOO, and the imposition of fines of$68,500 for the period from December 18, 2006 through May 4,2007 (137 days @ $500/day), for a total amount of$69,632.45. The Special Master asked the Respondent if he understood that the Hearing was for the imposition of fines. The Respondent responded that he did. Property Maintenance Specialist Joe Mucha replied that the violations had not been abated and he had not been contacted by the Respondent. The Respondent stated he has had problems with his tenants. His driver's license had been suspended. He stated he did clean up the back of the property. The Special Master explained to the Respondent that, as a result of his inability to comply with the Order entered in October, 2006, a lien would be imposed on the property which the County could enforce by selling the property. VI. A. The Respondent stated that he did not agree with that. He stated "nobody had better come to my property." He stated he worked all his life for his property. He further stated, "They better not take my property because there's going to be a war. Guarantee that." The Special Master noted that the Respondent did not present any mitigating information. The Special Master GRANTED the County's motion for the imposition of a fine in the amount of $69,632.45, The Special Master stated that she would allow a reduction of $5,000 for each violation that the Respondent abated prior to August 4, 2007. The Special Master ruled that the daily fined currently being accrued would be waived if the violations were abated by August 4,2007. The Respondent was ordered to pay this fine on or before August 4,2007, or the County would proceed with enforcement of the lien. The Special Master stated that she would reserve jurisdiction in this case and it should be brought back to her. 3. Case #2006081112 - Jean Claude Martel The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. 14 May 4, 2007 Code Enforcement Property Maintenance Specialist Joe Mucha was present. The Respondent was also present. The County requested payment of Operational Costs of$137.89, the assessment of a civil penalty of $1 ,000, and the imposition offines of $1 ,000 for the period from October 24, 2006 through October 26, 2006 (2 days @ $500/day), and the imposition of fines of $70,000 for the period from December 16, 2006 to May 4, 2007 (140 days @$500/day) for a total amount of$72,137.89. The Respondent stated he had done a great deal of work on that property; the bees and fifteen pounds of honeycombs had been removed, and he was able to remove his tenant. Property Maintenance Specialist Mucha stated the abatement of the bee infestation was completed by the County. He stated the Respondent had not contacted him with notification of any other abatement. He stated, "lawyers in this town are a bunch of crooks," and that he had no use for any lawyers anymore. VI. A. The Special Master GRANTED the County's motion for the imposition of a fine in the amount of$72,137.89. The Special Master stated that she would allow a reduction of $8,300 for each violation that the Respondent abated prior to August 4, 2007. The Special Master ruled that the daily fined currently being accrued would be waived if the violations were abated by August 4,2007. The Respondent was ordered to pay this fine on or before August 4, 2007, or the County would proceed with enforcement of the lien. The Respondent stated there were no violations on his property and that he refused to accept the fines as imposed. The Respondent further stated, "What's wrong with you? You people are something else over here. It's amazing. You're robbing people blind over here, you know that?" The Special Master informed the Respondent the purpose was to give him an opportunity to erase a large amount of fines and to bring his property into compliance. The Special Master ruled that she would reserve jurisdiction in this case and it should be brought back to her. 5. Case # 2006070434 - BCC vs. William Williams The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Code Enforcement Property Maintenance Specialist John Santafemia was present. The Respondent was also present. The County requested payment of Operational Costs of$157.16, and the imposition of fines of$50,750 for the period from October 14,2006 through May 4, 2007 15 May 4, 2007 (203 days @$250/day), for a total amount of$50,907.16. Property Maintenance Specialist Santafemia stated the roof had been repaired on the property. He stated he has been unable to confirm abatement of the interior violations. The Respondent stated the entire property had been repaired. He stated the new owner of the property travels a great deal and the tenants would not allow him to inspect the property. The Respondent stated he sold the property prior to the previous Hearing. The Special Master reminded the Respondent that he had to disclose to the new owner that there was possible fraud in the sale due to the property violations, and because the property was sold between the time the Notice had been served and the Hearing was scheduled. The Special Master GRANTED the County's motion for the imposition of a fine in the amount of $50,907.16, The Special Master advised the County to obtain the address of the new owner in order to ascertain that she received a copy of the Order. VI. A. The Special Master allowed a 40% credit for the repairs to the roof to reduce the fine from $50,750 to $30,450. The Special Master stated that if the new owner allows representatives of Code Enforcement access to the property to verify that all of the violations have been corrected by May 18, 2007, the fine of $30,450 would be reduced to $15,225 and the Operational Costs of$157.16 would be waived. 1. Case # 2006070163 - Laker Investment Manae:ement, Joseph Houston, Director The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was not present. The County requested payment of Operational Costs of $145.81, and the imposition of fines of $150,000 for the period from October 16, 2006 through May 4, 2007 (200 days @ $750/day), for a total amount of$150,145.81. The Special Master GRANTED the County's motion for the imposition of a fine in the amount of $150,145,81. The Respondent was ordered to pay this fine on or before August 4, 2007, or the County would proceed with enforcement of the lien. 4. Case # 2006070299 - Jose A. Ortee:a The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was not present. The County requested payment of Operational Costs of $150.61, a civil penalty of 16 May 4, 2007 $1,000, and the imposition of fines of $82,500 for the period from November 21, 2006 through May 4, 2007 (165 days @ $500/day), for a total amount of $83,650.61. Supervisor Letourneau stated that a representative for Mr. Ortega had been present earlier and informed him that the violations had been abated. Supervisor Letourneau stated he would send an investigator to the property on May 7, 2007 to confirm abatement. The Special Master GRANTED the County's motion for the imposition of a fine in the amount of $83,650. 61. The Respondent was ordered to pay this fine on or before August 4, 2007, or the County would proceed with enforcement of the lien, *** The Special Master stated for the record that the amounts of the fines imposed in the previous cases were so high primarily due to the long time period of non- compliance and the daily accrual offines. The County considers minimum housing violations to be serious due to its concern for the health and safety of its residents. *** B. Motion for Reduction of Fines: - None VII. OLD BUSINESS A. Request to forward Case for Collections/Foreclosure: - None VIII. CONSENT AGENDA - None IX. REPORTS - None X. COMMENTS - None XI. NEXT MEETING DATE - May 18, 2007. 17 May 4, 2007 ***** There being no further business for the good of the County, the Hearing was adjourned by order ofthe Special Master at 2:06 PM, COLLIER COUNTY SPECIAL MASTER Special Master, Brenda Garretson These Minutes were approved by the Special Master on as presented , or as amended ,2007, 18