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CESM Minutes 05/18/2007 May 18,2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, May 18, 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 18, 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE 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 - May 4, 2007 V. PUBLIC HEARINGS IV. MOTIONS FOR CONTINUANCE A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 358 RICHARD B. PARHAM PRo MAURICIO ARAQUISTAIN ORD. SEC. 130-66 (I)(H) FAILED TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: BAREFOOT BEACH ACCESS 2. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 355 JOSHUA MILLS PRo MAURICIO ARAQUlST AIN ORD. SEe. 130-66 (I)(H) FAILED TO DISPLA Y PAID PARKING RECEIPT VIOLATION ADDRESS: BAREFOOT BEACH ACCESS 3. CASE NO: OWNER: OFFICER: VIOLATIONS: PR26 MIKE R. ORNELAS PR. ROBERT MARTIN ORD. SEe. 130-66(4) FAILURE TO DISPLAY A PAID LAUNCH RECEIPT VIOLATION ADDRESS: BA YVIEW PARK 1670 DANFORD 4. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11161 STEVEN HELFRICH DAS OFe. WILLIAM GEORGE ACT. 07-012551 ORD. 14.36 SEC. (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. VIOLATION ADDRESS: 4240 LORRAINE AVE 5. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 158363 EDWARD REICHENBERG DEP. KLINKMANN ORD. SEe. 130-67 HANDICAPPED SPACE; NO VISIBLE PERMIT VIOLATION ADDRESS: HAMMOCK COVE PUBLIX 6. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 161945 JEFFREY M. JANEIRO DEP. KENNETH ROBINS ORD. SEC. 130-66(1)(H) FIRE LANE VIOLATION ADDRESS: WILD OATS MARKET PLACE 7. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 161942 BARBARA A. HEDGEPATH DEP. KENNETH ROBINS ORD. SEe. 130-66 (I )(H) HANDICAPPED SPACE; STRIPPED ACCESS VIOLATION ADDRESS: RIVER CHASE PUBLIX 8. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 147357 WILLIAM A. MARTIN CPL. LANG ORD. SEe. 130-66 (I)(H) FIRE LANE VIOLATION ADDRESS: FIRE LANE GG PKWY ACE SUNSHINE 9. CASE NO: SO 145908 OWNER: INTERCOLLEGIATE ATHLETHICS THE UNIVERSITY OF TOLEDO OFFICER: DEP. T. CORNIOLA VIOLATIONS: ORD. SEe. 130-67 PARKED IN HANDICAPPED SPACE VIOLATION ADDRESS: 1926 DAVIS BLVD (RED ROOF INN) 10. CASE NO: CO 4039 2007020490 OWNER: DUTCH GIRL LIMOUSINE, DBA DUTCH GIRL ENTER. C/O JOHN GERBER, REGISTERED AGENT OFFICER: INV. M. CROWLEY VIOLATIONS: CHAPTER 142 CODE OF LAWS & ORDINANCES AND CHAPTER 142-58(F)(3) AND 142-55(A) OPERATED A VEHICLE FOR HIRE SERVICE WITHOUT THEN EFFECTIVE PV AC CERTIFICATE TO OPERATE; FAILED TO RENEW THE CERTIFICATE TO OPERATE PRIOR TO THE EXPIRATION OF SAID CERTIFICATE ON 1/31/2007 VIOLATION ADDRESS: COLLIER COUNTY 11. CASE NO: CO 4048 2007020531 OWNER: NAPLES SHUTTLE, INC. C/O DEBORAH RUCK (REGISTERED AGENT) OFFICER: INV. M. CROWLEY VIOLATIONS: CHAPTER 142 CODE OF LAWS & ORDINANCES AND CHAPTER 142-58(F)(3) AND 142-55(A) OPERA TED A VEHICLE FOR HIRE SERVICE WITHOUT THEN EFFECTIVE PVAC CERTIFICATE TO OPERATE; FAILED TO RENEW THE CERTIFICATE TO OPERATE PRIOR TO THE EXPIRATION OF SAID CERTIFICATE ON 1/31/2007 VIOLATION ADDRESS: COLLIER COUNTY 12. CASE NO: 2007020475 OWNER: LINDA G. MIDLAM OFFICER: INV. RENALO PAUL VIOLATIONS: ORD. 04-41 SEe. 4.05.03(A) VEHICLES PARKED ON THE FRONT YARD AT 5090 31ST AVE SWNAPLES, FL VIOLATION ADDRESS: 5090 31ST AVE SW 13. CASE NO: 2007030653 OWNER: ANDRE V ANCOL OFFICER: INV. RENALO PAUL VIOLATIONS: ORD. 2005-44 SEC(S). 6,7,8 NUMEROUS ITEMS OF LITTER, SUCH AS BUCKETS, BED RAILS, CAR BATTERIES, BROKEN GLASS, SHRUBS, TOILET, WEIGHT EQUIPMENT, PLYWOOD, BED MATTRESS. VIOLATION ADDRESS: 5321 TRAMMEL ST NAPLES, FL 14. CASE NO: 2007030650 OWNER: JOHN T. HAYES & DENISE M. HAYES OFFICER: INV. RENALO PAUL VIOLATIONS: ORD. 04-41 SEe. 2.01.00(A) INOPERABLE VEHICLE PARKED IN THE FRONT DRIVEWAY OF 4200 19TH AVESW VIOLATION ADDRESS: 4200 19TH AVE SW 15. CASE NO: 2007030607 OWNER: STEPHEN T. SPAULDING & DOREEN SPAULDING OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 04-41 SECA.05.03(A) VEHICLE PARKED ON THE BACK YARD AT 4589 30TH AVE SWNAPLES, FL VIOLATION ADDRESS: 4589 30TH AVE SW 16. CASE NO: 2007030404 OWNER: ELIZABETH HERRERA OFFICER: INV. JOHN SANTAFEMIA VIOLATIONS: ORD. 2004-58 SEC(S). 6(12D) AND 7(2) WINDOWS TO DWELLING OBSTRUCTED BY STEEL BARS BLOCKING A SAFE MEANS OF EGRESS/INGRESS AND PROPERTY NOT REGISTERED AS RENTAL PROPERTY AS REQUIRED BY THE STATED ORDINANCE. VIOLATION ADDRESS: 222 N 5TH ST 17. CASE NO: 2006050820 OWNER: JOHN A. PIPER OFFICER: INV. JOHN SANTAFEMIA VIOLATIONS: ORD. 2004-58 SEC(S). 6 SUB-SEC(S) 11,12B,12C,12F,12G,12H, 121,12M,12P,12R,17,19A, 19B,19C, AND 19D NUMEROUS INTERNAL AND EXTERNAL MINIMUM HOUSING VIOLATIONS AS DESCRIBED IN THE PROPERTY MAINTENANCE INSPECTION REPORT. VIOLATION ADDRESS: 440 GOLDEN GATE BLVD W 18. CASE NO: 2007010695 OWNER: RUTH M. GARRETT OFFICER: INV. ED MORAD VIOLATIONS: SEC(S). 6&7 OF ORD. 2005-04 REPEALING ORD. 99-51 RECURRING VIOLATION OF UNAUTHORIZED ACCUMULATION OF LITTER UPON PROPERTY LOCATED IN A RESIDENTIAL ZONED DISTRICT. VIOLATION ADDRESS: 2396 SANTA BARBARA BLVD 19. CASE NO: 2006090279 OWNER: ANGELO B. CAMPANELLO & DIANE M. CAMP ANELLO OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 2004-41 SEe. 503.02(A)(3) WOODEN FENCE DAMAGED AND IS MISSING SECTIONS. VIOLATION ADDRESS: 141 1ST ST 20. CASE NO: 2007010269 OWNER: EDGAR L. PENZO OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 2004-58 SEe. 7(5) PENDING LATE FEES FOR RENTAL REGISTRATION THAT WAS RENEWED AFTER JUNE 30TH, 2007 VIOLATION ADDRESS: 118 CAPRI BLVD VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006010376 DITTMAR BETZ INV. THOMAS KEEGAN ORD. 04-58 SEC. 7 FAILURE TO REGISTER RENTAL PROPERTY VIOLATION ADDRESS: 3790 WEYMOUTH CIR 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070971 MARY ANN GARCIA INV. THOMAS KEEGAN ORD. 2004-58 SEe. 6 SUB-SEC(S). 12B,12C,12F,12G,12H,121,12Q,12R,19A &19B CONSISTING OF, BUT NOT LIMITED TO, EXTERIOR WALLS IN NEED OF REPAIR; ROOF NOT MAINTAINED IN A SAFE MANNER AND NOT WEATHER TIGHT; STAIRS NOT MAINTAINED IN A SAFE MANNER; NO PRETECTIVE RAILINGS; WINDOWS AND DOORS NOT MAINTAINED; NO GUTTERS OR DOWNSPOUTS AND VIOLATION ADDRESS: 404 ADAMS AVE W 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006030101 JAMES BLAKE & JUDY ANNE BLAKE INV. EVERILDO YBACETA ORD. 05-44 SEe. 7 ACCUMULATION OF LITTER VIOLATION ADDRESS: 2063 PINELANO AVE 4. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006040775 RICARDO RAMIREZ & SONIA GARCIA INV. HEINZ BOX ORD. 04-41 SEC. 2.01.00(A) UNLICENSED VEHICLE ON RESIDENTIAL PROPERTY VIOLATION ADDRESS: 4106 MOWHA WK PL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006040196 RICHARD JANDRO INV. JEFF LETOURNEAU ORD. 04-58 SEe. 6 SUB-SEe. 9,11,12C,E,N,P & 19A,C & 20 MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 19 W. PELICAN ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006050082 HERMINIA RIOS LOPEZ INV. CRISTINA PEREZ ORD. 05-44 SEe. 6,7,8 ACCUMULATION OF LITTER VIOLATION ADDRESS: 774 EL PASO TRAIL 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006050089 JAIME LOPEZ INV. CRISTINA PEREZ ORD. 05-44 SEe. 6,7,8 ACCUMULATION OF LITTER VIOLATION ADDRESS: 778 EL PASO TRAIL 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006050093 ORALIA MARTINEZ INV. CRISTINA PEREZ ORD. 04-41 SEC. 2.01.00(A) RESPONDENT FAILED TO OBTAIN AND AFFIX A CURRENT LICENSE PLATE TO EACH VEHICLE NOT STORED IN THE CONFINES OF A COMPLETELY ENCLOSED STRUCTURE, OR STORE SAME WITHIN A COMPLETELY ENCLOSED STRUCTURE, OR REMOVE OFFENDING VEHICLES FROM A RESIDENTIALLY ZONED AREA VIOLATION ADDRESS: 676 EL PASO TRAIL 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006050087 GUIDO HERNANDEZ INV. CRISTINA PEREZ ORD. 04-41 SEe. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES VIOLATION ADDRESS: 589 EL PASO TRAIL 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006020362 MARCO ORBEGOSO INV. JOHN MARSH ORO. 04.41 AS AMENDED SEe. 2.02.03 PROHIBITED STORAGE OF CONSTUCTION (POOL) MATERIALS ON PROPERTY VIOLATION ADDRESS: 3891 ESTEY AVE 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006060090 ROBERT FLICK INV. JOE MUCHA ORD. 05-44 SEe. 6&7 ACCUMULA TION OF LITTER VIOLATION ADDRESS: 5329 CARLTON STREET 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006060099 ROBERT FLICK INV. JOE MUCHA ORD. 05-44, SEe. 6&7 ACCUMULATION OF LITTER VIOLATION ADDRESS: 5345 CARLTON STREET 13. 14. 15. 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005070577 TED ZHI HUI LUO & PENG SY LUO INV. JEFF LETOURNEAU ORD. 02-01 AS AMENDED SEe. 424.2.17.1 FAILURE TO INSTALL PROPER SAFETY BARRIER AND OBTAIN PERMITS AND INSPECTIONS VIOLATION ADDRESS: 11530 RIGGS ROAD CASE NO: OWNER: OFFICER: VIOLATIONS: 2005070528 TED ZHI HUI LUO & PENG SY LUO INV. JEFF LETOURNEAU ORD 2004-41 AS AMENDED SEC(S). 1O.02.06(B) AND ORD. 2002-01 AS AMENDED SEC(S). 103.11.2 AND 104.1.1 FAILED TO OBTAIN PROPERT PERMITS FOR AL TERA TIONS TO THE STRUCTURE AT 11580 RIGGS RD. WHICH IS NOT HIS PRIMARY RESIDENCE. VIOLATION ADDRESS: 11530 RIGGS ROAD CASE NO: OWNER: OFFICER: VIOLATIONS: 2005070525 TED ZHI HUI LUO & PENG SY LUO INV. JEFF LETOURNEAU ORD. 04-58 SEe. 6 SWIMMING POOL/SPA INOPERABLE AND FILLED WITH STAGNANT WATER/SAFETY HAZARD VIOLATION ADDRESS: 11530 RIGGS ROAD CASE NO: OWNER: OFFICER: VIOLATIONS: 2004110790 TED ZHI HUI LUO & PENG SY LUO INV. JEFF LETOURNEAU ORO. 91-102 AS AMENDED SEC(S). 2.7.6.1,2.7.6.5,106.1.2 WORK WITHOUT PERMITS, ILLEGAL DIVIDING OF SINGLE FAMILY RESIDENCE. VIOLATION ADDRESS: 11530 RIGGS ROAD VII. OLD BUSINESS IX. REPORTS VIII. CONSENT AGENDA X. NEXT MEETING DATE: June I, 2007 XI. ADJOURN May 18, 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: 9:13 AM RECONVENED: 9:34 AM II. APPROVAL OF AGENDA Jeff Letourneau, Code Enforcement Investigative Supervisor, proposed the following changes: (a) The following cases were CONTINUED by the Special Master: . Case # PR 26 - BCC vs. Mike R. Ornelas · Case # SO 145908 - BCC vs. Intercollegiate Athletics/University of Toledo . Case # CO 4039 - BCC vs. Dutch Girl Limousine/J. Gerber, Registered Agent . Case # 2006020362 - BCC vs. Marco Orbegoso · Case # 2005070577 - BCC vs. Ted Zhi Hui Luo and Peng Sy Luo . Case # 2005070528 - BCC vs. Ted Zhi Hui Luo and Peng Sy Luo . Case # 2004110790 - BCC vs. Ted Zhi Hui Luo and Peng Sy Luo . Case # 2006090279 - BCC vs. Angelo B. and Diane M. Campanello (b) The following cases were WITHDRA WN by the County due to payment of fines: . Case # 2007010269 - BCC vs. Edgar L. Penzo . Case # 2006010376 - BCC vs. Dittmar Betz · Case # 2006040196 - BCC vs. Richard Jandro . Case # 2005070525 - BCC vs. Ted Zhi Hui Luo and Peng Sy Luo (c) STIPULATIONS were reached in the following cases: . Case # 2007010695 - BCC vs. Ruth M. Garrett . Case # 2007030404 - BCC vs. Elizabeth Herrera · Case # 2007030607 - BCC vs. Stephen T. Spaulding & Doreen Spaulding . Case # 4048 - BCC vs. Naples Shuttle, Inc.lDeborah Ruck, Registered Agent (d) In Case # 2006060099 - BCC vs. Robert Flick, the property address was corrected to 5325 Carlton Street. 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 The Minutes of the Hearing held on May 4,2007 were reviewed by the Special Master and approved as submitted. 2 May 18, 2007 IV. MOTION(S) FOR CONTINUANCE As noted in previously stated "Approval of the Agenda." VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. Case # 2006030101 - BCC vs. James Blake and Judv Anne Blake The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondents were present. Investigator Letourneau stated the Respondents' case was initially heard in August, 2006, and they were ordered to abate the violations within sixty days. In October, 2006, the Respondents were granted an open-ended extension of time to comply. The Respondents' property is now in compliance, but there was a question as to the date of compliance and imposition of fines. The Special Master ruled that, due to the unusual circumstances of this case, no further action would be taken since the Respondents have complied with the Court's Order. V. PUBLIC HEARINGS A. Stipulations: 18. Case # 2007010695 - BCC vs. Ruth M. Garrett The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was not present. Violation(s): Ordinance 05-04, Sections 6 and 7 Recurring violation: Unauthorized accumulation of litter Address of violation: 2396 Santa Barbara Blvd., Collier County A Stipulation was agreed to on May 8, 2007. by William L. Rogers, Esq., on behalf of his mother, Ruth M. Garrett. Investigator Morad stated he met with William Rogers, Esq., on behalf of his mother, Ruth M. Garrett. Finding the Notice of Hearing had been 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 May 25, 2007, or a fine of $100.00 per day would be imposed for each day the violation(s) remained thereafter; the Respondent was ordered to keep the property free of all litter until the Respondent is no longer property owner of record; and the Respondent was ordered to pay a civil fine in the amount of$500.00 on or before June 18, 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 $225.99 incurred during the prosecution of this case on or before June 18, 2007. 3 May 18,2007 V. A. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 16. Case # 2007030404 - BCC vs. Elizabeth Herrera The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist John Santafemia who was present. The Respondent was also present. Violation(s): Ordinance 04-58, Sections 6(12D) and 7(2) Windows to dwelling obstructed by steel bars blocking a safe means of ingress/egress; property not registered as rental property Address of violation: 222 N. 5th Street, Collier County A Stipulation was agreed to by the Respondent. Property Maintenance Specialist Santafemia stated he met with the Respondent who entered into a Stipulation and agreed to pay the Operational Costs. He further stated that he inspected the property; the bars have been removed. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove any and all obstructions from the windows of the dwelling on or before May 25,2007, or afine of$I,OOO.OO per day would be imposed for each day the violation(s) remained thereafter; the Respondent was ordered to register the property as rental property with Collier County and to pay the required registration fee on or before May 25,2007, or afine of $25. 00 per day will be imposed for each day the violation(s) 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 $252.38 incurred during the prosecution of this case on or before June 18, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 15. Case # 2007030607 - BCC vs. Stephen T. Spauldine: and Doreen Spauldine: The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent, Stephen T. Spaulding, had been present earlier and had entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ordinance 04-41, Section 4.05.03(A) Vehicle parked on back yard Address of violation: 4589 30th Avenue SW, Collier County A Stipulation was agreed to by the Respondent. Stephen T Spaulding, on behalf of himself and his wife, Doreen Spaulding. Investigator Paul stated he met with Respondent who entered into a Stipulation and agreed to pay the Operational Costs. 4 May 18,2007 V. A. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to remove all vehicles from the back yard of the property and to park them on a stabilized surface on or before May 19, 2007, or ajine of$50.00 per day per vehicle would be imposed for each day the violation(s) 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 $263.47 incurred during the prosecution of this case on or before June 18, 2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 11. Case # CO 4048 - BCC vs. Naples Shuttle. Inc.. c/o Deborah Ruck. Rel!istered Al!ent The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was also present. Violation(s): Ordinance 142-58(F)(3) and 142-55(A) Operated a vehicle for hire service without a then-effective PV AC Certificate to Operate prior to the expiration of said Certificate on 01/31/2007 An Oral Stipulation was agreed to by the Respondent. Investigator Crowley stated the violation had been abated. She also stated that nothing in these proceedings should negatively impact the Respondent's ability to obtain a Certificate to Operate. The Investigator informed the Court that there were extenuating circumstances in this case and Collier County would not be opposed to a reduction in the fine. Finding the Notice of Hearing was properly served, and jinding the violation did exist but was CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the alleged violation(s)(s) and was ordered to pay a civil jine of $250. 00, together with a citation fee of $5. 00, on or before June 18, 2007. The Respondent was ordered to pay the Operational Costs in the amount of $50.00 incurred during the prosecution of this case on or before June 18, 2007. Total Fines: $305.00 V. B. Hearinl!s: 1. Case # PR 358 - BCC vs. Richard P. Parham The Hearing was requested by the Respondent who was not present. Collier County Park and Recreation Department Investigator Mauricio Araquistain who was present. Violation(s): Ordinance 130-66, Section I(H) Failed to display paid parking receipt Address of violation: Barefoot Beach Access 5 May IS, 2007 V. B. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine 0/$30.00 on Or before June 18, 2007, unless altered by a subsequellt 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 18, 2007. Total Fine: $80.00 2. Case # PR 355 - BCC vs. Joshua Mills The Hearing was requested by the Respondent who was not present. Collier County Park and Recreation Department Investigator Mauricio Araquistain who was present. Violation(s): Ordinance 130-66, Section 1 (H) Failed to display paid parking receipt Address of violation: Barefoot Beach Access Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $30. 00 on or before June 18, 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 18, 2007. Total Fine: $80.00 4. Case # DAS 11161- BCC vs. Steven Helfrich The Hearing was requested by the Respondent who was present. Collier County Department of Animal Services Officer William George was not present. Violation(s): Ordinance i4-36, Section 7(A) Allowing an animal to snap, jump or growl at persons Address of violation: 4240 Lorraine Avenue, Collier County Sue Chapin, Secretary to the Special Master, informed the Court that the officer who wrote the Citation may no longer be employed by the Domestic Animal Services, or may be in another department. The Special Master asked if the Department of Animal Services had received notice of the Hearing. She also asked if the Department of Animal Services had requested a Continuance in this case. The Special Master DISMISSED this case due to lack of representation by the Collier County Department of Animal Services. 6 May IS, 2007 V. B. 5. Case # SO 158363 - BCC vs.. Edward Reichenberl! The Hearing was requested by the Respondent who was present earlier but left before the Hearing could be heard. Collier County Deputy Sheriff Fred Klinkmann was present. The Deputy stated he had met with the Respondent earlier; he requested this case be dismissed. Finding that the Notice of Hearing had been properly served, this case was DISMISSED by the Special Master. 6. Case # SO 161945 - BCC vs. Jeffrev M. Janeiro The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Kenneth Robins was present. Violation(s): Ordinance 130-66(1 )(H) Vehicle parked in Fire Lane Address of Violation: Wild Oats Market Place The Deputy stated the vehicle was parked in the fire lane and he asked the driver to move it; the driver refused and became argumentative. A back-up Deputy was called to the scene. Deputy Robins stated he did issue a Citation. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $1 00. 00 on or before June 18, 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 18, 2007. Total Fine: $150.00 7. Case # SO 161942 - BCC vs. Barbara A. Hedl!epath The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Kenneth Robins was present. Violation(s): Ordinance 130-66(1 )(H) Vehicle parked in Handicapped Space Address of Violation: River Chase Publix The Deputy stated the vehicle was parked in the access area adjacent to the handicapped space. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of$250.00 on or before June 18, 2007, unless altered by a subsequent Stipulation or Order of the Special Master. 7 May 18, 2007 V. B. 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 18, 2007. Total Fine: $300.00 8. Case # 147357 - BCC vs. William A. Martin The Hearing was requested by the Respondent who was represented by his attorney, John Holloway. Faith Martin, the Respondent's wife, appeared as a witness. Collier County Deputy Sheriff William Lang was also present. Violation(s): Ordinance 130-66 (i)(H) Vehicle parked in Fire Lane Address of violation: Ace Hardware, Golden Gate Parkway Attorney Holloway asked the witness if she was the driver of the vehicle. She stated she was and that, on the date the citation was written, she was filling up water bottles at the dispenser located between Ace Hardware and Pinch-A-Penny. The witness further stated because she was nine months' pregnant at that time, she parked the truck as close as possible to the dispenser. The Deputy stated no one was in the vehicle when he observed that it was parked in the fire lane; he stated he did observe both the Respondent and the witness leaving the Pinch-A-Penny store as he began writing the Citation. He further stated that since the Respondent refused to accept the ticket, he placed it on the vehicle before he left the scene. Attorney Holloway asked that the case be dismissed due to the lack of a legal address of the violation and because no proof had been presented to the Court as to ownership ofthe vehicle. Attorney Holloway also stated the owner of the vehicle was not present when it was parked in the fire lane, therefore, the Citation should have been issued to the driver pursuant to Statutes. Finally, he stated the computer system information relied upon was hearsay. The Special Master stated the case cited by the Attorney was a criminal case; these proceedings were civil. The Special Master further stated she would take Judicial Notice of the certified computer system utilized by the Deputy Sheriff. The Special Master noted the Ordinance allows one exception to parking in a fire lane: to pick-up or discharge a passenger. The Special Master ruled the Citation was not deficient on its face. 8 May IS, 2007 V. B. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $30. 00 on or before June 18, 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 18, 2007. The Special Master noted the Respondent had the right to appeal this ruling, and the cases cited by the Respondent's attorney would become part of the Court's record. 12. Case # 2007020475 - Linda G. Midlam The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. Violation(s): Ordinance 04-41, Section 4.05.03(A) Recurring violation: Vehicles parked on the front yard Address of violation: 5090 31 " Avenue SW, Collier County Investigator Paul stated he received a complaint from a neighbor. The Investigator introduced photographs which were marked as County's Exhibits: . "A" (Image Date: 02/12/2007); . "B" (Image Date: 03/13/2007); . "C" (Image Date: 04/03/2007); . Composite "D" (Notice of Hearing and Image Date: 05/07/2007), and · "E" (Letter/Power of Attorney) and were admitted into evidence. The Investigator stated the Respondent been served another Notice for the same violation on 10/21/2003; the Respondent was served a Citation for the same violation on 01/13/2004. The Investigator stated he met with the Respondent's son and issued a Citation (fine of $255.00); the son signed the Citation. The Respondent stated she had attempted to correct the situation by placing gravel next to the driveway. She stated the Citation was paid by a neighbor whose car broke down. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to remove all vehicles from the front yard, and all vehicles must be parked on a stabilized surface on or before May 19, 2007, or afine of $50. 00 per day per vehicle would be imposed for each day the violations remained thereafter; the Respondent was ordered to pay a civil fine of $350.00 on or before June 18, 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 $275.82 incurred during the prosecution of this case on or before June 18, 2007. 9 May IS, 2007 V. B. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 13. Case # 2007030653 - BCC vs. Andre Vancol The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. Violation(s): Ordinance 05-44, Sections 6, 7 and S Recurring Violation: Numerous items oflitter, such as buckets, bed rails, car batteries, broken glass, shrubs, toilet, weight equipment, plywood, mattress Address of violation: 5321 Trammel Street, Collier County Investigator Paul presented photographs, and which were marked as County's Composite Exhibit "A" (S pages) and Composite "B" (2 pages) and entered into evidence. He stated the Respondent had received another Notice of Violation for the same problem on September 7,2006. He further stated the Respondent had removed approximately 90% of the litter. The Respondent stated he had hired someone to remove the litter but that he had not completed the job. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all litter from property on or before May 25,2007, or afine of $100. 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 $263.47 incurred during the prosecution of this case on or before June 18, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 14. Case # 2007030650 - BCC vs. John T. Haves and Denise M. Haves The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were also present. Violation(s): Ordinance 04-41, Section 2.01.00(A) Inoperable vehicle parked in front driveway Address of violation: 4200 19th Avenue SW, Collier County Investigator Paul presented photographs, and which were marked as County's Exhibit "A" (Image Date: 03/22/07) and Composite "B" (Image Date: 05/07/07 - 2 pages) and entered into evidence. 10 May 18, 2007 V. B. The Investigator stated the Respondents had been served a previous Notice regarding the same violation on February 20,2005. The Respondents presented photographs to the Court. The Respondents further stated they did not consider their vehicle to be an "automobile." They stated vehicle is a "show car" which was not required to be registered or insured. The Investigator stated the violation had been abated. Finding the Notice of Hearing was properly served, and finding the violation did exist but was CORRECTED prior to today's Hearing, the Respondents were found GUlL TY of the violation(s} as alleged. The Respondents were ordered to pay Operational Costs in the amount of $263.47 incurred during the prosecution of this case on or before June 18, 2007. The Respondents reiterated that they did not consider their vehicle to be an automobile and objected to being required to pay Operational Costs. The Special Master noted that the Respondents are entitled to appeal. 17. Case # 2006050820 - BCC vs. John A. Piper The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was also present. Dominic DePillo appeared as a witness. Violation(s): Ordinance 04-58, Section 6(11)(12B)(12C)(12F-I)(12M)(12P)(12R), 17,19(A-D) Numerous internal and external minimum housing violations Address of violation: 440 Golden Gate Blvd. W., Collier County Investigator Santafemia introduced photographs which were marked as County Composite Exhibit "A" (Image Date: OS/23/07 - 10 pages). The Investigator stated he spoke with the Respondent concerning the violations and also served the Notice via certitied mail delivery. The Investigator further stated he inspected the property on May 17,2007 and noted that many of the violations had been corrected, but many still remained, namely 12B, F, G, H, M, R, 19A and C. The Witness stated that he has been assisting the Respondent with the repairs; the Respondent has encountered financial difficulties and is unable to fund the repairs. The Witness requested an extension of time to obtain compliance. The Special Master stated she is very concerned about the repairs relating to health and safety issues. The Respondent stated that he has 2 lots in Naples Manor that he is selling; he is waiting for a written contract to be submitted. 11 May 18,2007 V. B. The Investigator stated the siding has to be replaced and a permit is required; the railings and decking must be replaced; gutters and downspouts have to be repaired. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered complete the repairs to the property on or before July 18, 2007, or afine of $100. 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 Special Master ordered the Respondent to remain in contact with the Code Enforcement Investigator and to give him a progress report. If an extension of time is needed, the Respondent may write a letter to the Court. The Respondent was ordered to pay Operational Costs in the amount of $395.82 incurred during the prosecution of this case on or before September 18, 2007. The Respondent was ordered to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines 11. Case # 2006060090- BCC vs. Robert Flick The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Code Enforcement Property Maintenance Specialist Joe Mucha was present. The Respondent was also present and represented by his attorney, Jacob Colgrove. The County requested payment of Operational Costs of$129.78, the assessment of a civil penalty of$500, and the imposition of fines of$21,100 for the period from September 25,2006 through April 24, 2007 (211 days @ $IOO/day), for a total amount of$21,729.78. Attorney Colgrove stated the violations have been abated. He asked the Court for a reduction of fines due to his client's poor health. He stated the Respondent is in the process of having the difficult tenants evicted from the premises and is preparing the property for sale. Property Maintenance Specialist Mucha concurred that the tenants were responsible for a great deal of damage to the property. Supervisor Letourneau stated the County would have no objection to a reduction of the amount of the fine since there was compliance. The Special Master GRANTED the County's motion for the imposition of a fin e, but reduced the amount to $2,129.78 (consisting of Operational Costs of$129. 78, a civil penalty of $500. 00, and fines of $1,500. 00). The Respondent was ordered to pay this fine on or before August 18, 2007, or the County would proceed with enforcement of the lien. 12 May IS, 2007 VI. A. 12. Case # 2006060099- BCC vs. Robert Flick The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Code Enforcement Property Maintenance Specialist Joe Mucha was present. The Respondent was also present and was represented by his attorney, Jacob Colgrove. The County requested payment of Operational Costs of$129.78, the assessment of a civil penalty of $500, and the imposition of fines of $21,100 for the period from September 25, 2006 through April 24, 2007 (211 days @ $1 OO/day), for a total amount of$21,729.7S. Attorney Colgrove stated the violations have been abated. He asked the Court for a reduction of fines. Supervisor Letourneau stated the County would have no objection to a reduction of the amount of the fine since there was compliance. The Special Master GRANTED the County's motion for the imposition of a fine, but reduced the amount to $2,129.78 (consisting of Operational Costs of$129. 78, a civil penalty of $500. 00, andfines of$I,500.00). The Respondent was ordered to pay this fine on or before August 18, 2007, or the County would proceed with enforcement of the liell. 6. Case # 2006050082 - BCC vs. Herminia Rios Lopez 7. Case # 2006050089 - BCC vs. Jaime Lopez The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Code Enforcement Property Maintenance Specialist Cristina Perez was present. The Respondents, Herminia Rios Lopez and Jaime Lopez, were also present. Ms. Lopez daughter served as translator. The Special Master noted for the record there was a discrepancy between the recorded Minutes and the Order that was entered in this case. The Minutes set forth the date of compliance as September 22, 2006, but the Order allowed the Respondents in both cases until September 25, 2006. In Case # 20060500S2, the County requested the imposition of fines in the amount of $3,000 for the period from September 25, 2006 through October 252006 (30 days @ $100/day). In Case #20060500S9, the County requested the imposition of fines in the amount of $3,000 for the period from September 25, 2006 through October 25,2006 (30 days @ $100/day). The Respondents, through the daughter, asked the Court for a reduction in fines. Supervisor Letourneau stated the County would have no objection since the violations were abated and the Operational Costs have been paid. 13 May 18, 2007 VI. A. The Special Master GRANTED the County's motion for the imposition offines in Case # 2006050082, but reduced the amount to $500.00. The Respondent was ordered to pay this fine on or before August 18, 2007, or the County would proceed with enforcement of the lien. The Special Master GRANTED the County's motion for the imposition offines in Case # 2006050089, but reduced the amount to $500.00. The Respondent was ordered to pay this fine on or before August 18, 2007, or the County would proceed with enforcement of the lien. The Special Master ruled that the following cases would be CONTINUED: . Case # 2006070971 - BCC vs. Mary Ann Garcia . Case # 2006040775 - BCC vs. Ricardo Ramirez and Sonia Garcia . Case # 2006050093 - BCC vs. Oralia Martinez . Case # 2006050087 - BCC vs. Guido Hernandez 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 - June 1, 2007. There being no further business for the good of the County, the Hearing was adjourned by order ofthe Special Master at 12:11 PM. COLLIER COUNTY SPECIAL MASTER HEARING Special Master, Brenda Garretson These Minutes were approved by the Special Master on as presented , or as amended ,2007, 14