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CESM Minutes 06/15/2007 June 15,2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 15,2007 LET IT BE REMEMBERED, that the Collier County Special Magistrate 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," 3rd floor, of the Government Complex, Naples, Florida, with the following members present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Jeff Letourneau, Code Enforcement Investigative Supervisor Arlene Harper, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: June 15'", 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 II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - June 1, 2007 V. PUBLIC HEARINGS IV. MOTIONS FOR CONTINUANCE A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 2566 GUSTAVO GONZALEZ INV. DANNY CONDOMINA ORD. 02-17/90-125 SEC(S). 5 IRRIGATING OUTSIDE SCHEDULED TIME "HEALTH, SAFETY AND WELFARE" VIOLATION ADDRESS: 801109THAVENUEN 2. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 492 SCOTT ALLAN INV. MICHAEL ANDUSKA ORD. 02-17/90-125 SEC(S). 5 ILLEGAL IRRIGATION; WRONG TIME VIOLATION ADDRESS: 1767 KNIGHTS COURT 3. CASE NO: OWNER: OFFICER: VIOLATIONS: PR26 MIKE R. ORNELAS PRo ROBERT MARTIN ORD. SEe. 130-66(4) FAILURE TO DISPLAY A PAID LAUNCH RECEIPT VIOLATION ADDRESS: BA YVIEW PARK 1670 DANFORD 4. CASE NO: CO 4039 2007020490 OWNER: DUTCH GIRL LIMOUSINE, DBA DUTCH GIRL ENTER. C/O JOAN GERBER, REGISTERED AGENT OFFICER: INV. MICHAELLE 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 AN EFFECTIVE PVAC CERTIFICATE TO OPERA TE; FAILED TO RENEW THE CERTIFICATE TO OPERATE PRIOR TO THE EXPIRATION OF SAID CERTIFICATE ON 1/31/2007 VIOLATION ADDRESS: COLLIER COUNTY 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006120146 ALBERT FORERO INV. HEINZ BOX ORD. 04-41 AS AMENDED 1O.02.06(B)(I)(A), 10.02.06(B)(I)(D)(I), FLORIDA BUILDING CODE 2001 EDITION, AS AMENDED BY ORD. 2002-1 SEC. 104.1.1 FAILURE ON THE PART OF THE DEFENDANT TO OBTAIN PERMITS FOR IMPROVEMENTS AND ALTERATIONS FOR THE REPLACEMENT OF A FRONT DOOR AT 2839 POINCIANA STREET NAPLES, FLORIDA. VIOLATION ADDRESS: 2839 POINCIANA STREET 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 200611 0602 HECTOR MOTINO INV. THOMAS KEEGAN ORD. 04-41 SEC(S). 1.04.01,2.02.03, 2.01.00(A), 4.05.03(A), ORD. 04-58 SEe. 6(17) NUMEROUS UNLICENSED/INOPERABLE VEHICLES STORED ON THE FRONT AND REAR OF PROPERTY ZONED RMF-6 LOCATED AT 4012 ROSE AVE VIOLATION ADDRESS: 4012 ROSE AVENUE 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030825 WAYNE C WOMACK INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED SEC(S). 2.01.00(A) UNLICENSED/1NOPERABLE FORD PICKUP LOCATED AT 2960 VAN BUREN AVE, NAPLES, FL VIOLATION ADDRESS: 2960 V AN BUREN A VENUE 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006120624 MAXIMIANO NAVARRO & MARGARITA NAVARRO INV. THOMAS KEEGAN ORD. 2004-58 SEC(S). 7.5 FAILURE TO RENEW COLLIER COUNTY RENTAL REGISTRATION AT 1313 PEACH ST, IMMOKALEE. FL VIOLATION ADDRESS: 1313 PEACH ST IMMOKALEE 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007040073 ALBERTO ESTRADA INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED SEC(S). 4.05.03(A) & 4.05.03(F) ILLEGAL PARKING/STORAGE OF VEHICLES ON GRASS LOCATED AT 2906 ANDREWS AVE, NAPLES, FL. PROPERTY ZONED RMF-6 VIOLATION ADDRESS: 2906 ANDREWS A VENUE 10. CASE NO: 2007020200 OWNER: OMAH M. KISER OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 2004-58 SEC(S). 7(2) RECURRING FAILURE TO RENEW COLLIER COUNTY RENTAL REGISTRATION AT 1201 JEFFERSON AVENUE W, IMMOKALEE, FL VIOLATION ADDRESS: 1201 JEFFERSON AVE W 1MMOKALEE, FL 11. CASE NO: 2007030338 OWNER: JEAN CLAUDE MARTEL OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 2005-44 SEC(S). 6,7,8 REPEAT VIOLATION OF PROHIBITED ACCUMULATION OF LITTER, CREATING A HEALTH AND SAFETY CONCERN AT PROPERTY ZONED VILLAGE RESIDENTIAL, LOCATED AT 3190 KAREN DRIVE NAPLES, FL VIOLATION ADDRESS: 3190 KAREN DRIVE 12. CASE NO: 2007040275 OWNER: HENRY TESNO & JILL WEAVER OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC(S). 6 SUBSEC(S). 1,2,3,4,5,8,9,10, 11, 12(D), 12(H), 12(1), 12(K), 12(L), 12(0), 12(P), 19(B) MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 3137 LUNAR STREET 13. CASE NO: 2007020244 OWNER: HENRY TESNO & JILL WEAVER OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC(S). 6 SUBSEC(S). 2,3,9 REPEAT MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 3069 LUNAR STREET 14. CASE NO: 2006100191 OWNER: GARDEN LAKE OF IMMOKALEE LTD. C/O KAREN SELIGMAN OF DIMENSION ONE MANAGEMENT INC. OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC(S). 6 SUBSEC(S). 12B, 12C SEVERAL BUILDINGS ON THIS PROPERTY WITH SEVERE ROOF AND SIDING DAMAGE VIOLATION ADDRESS: 2401 LAKE TRAFFORD ROAD 15. CASE NO: 2007010643 OWNER: NORMAN E WHITNEY OFFICER: INV. JOHN SANT AFEMIA VIOLATIONS: ORD. 2004-58 SEC(S). 6 SUBSEC(S). 12B, 12C, 12K, 12L, 12N, 12P. 19A, 19B, 19C, 19D & 20 NUMEROUS MINIMUM HOUSING VIOLATIONS NOTED AS DESCRIBED IN THE MINIMUM HOUSING INSPECTION REPORT VIOLATION ADDRESS: 5442 27TH PLACE SW 16. CASE NO: 2007010364 20. 21. OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: JEFFREY D BADGLEY & CHRISTINA BADGLEY INV. JOHN SANT AFEMIA ORD. 2004-58 SEC(S). 7 SUBSEC(S). 4 & 5 RESIDENTIALLY ZONED RENTAL PROPERTY WHICH DOES NOT PROVIDE THE REQUIRED RENTAL AGENT INFORMATION AND HAS OUTSTANDING LATE FEES DUE 410 FLAGSHIP DRIVE #1203 2006090490 SAINT JUSTE FLORESTANT INV. JOHN SANTAFEMIA ORD. 2004-58 SEC(S). 18 BUILDING IS VACANT AND HAS DOORS AND WINDOWS OPEN, BROKEN AND/OR MISSING, ALLOWING ACCESS TO INTERIOR, CREATING A HAZARD AND NUISANCE VIOLATION ADDRESS: 921 COCONUT CIRCLE E 18. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030290 ROILAN PEREZ INV. JOHN SANTAFEMIA ORD. 2004-58 SEC(S). 6 SUBSEC(S). 1,5,11, AND SEC(S). 7 SUBSEC(S). 2 RESIDENTIALLY ZONED PROPERTY BEING USED AS A RENTAL PROPERTY WIHOUT BEING REGISTERED WITH COLLIER COUNTY AS REQUIRED AND RENTING A ROOM IN THE DWELLING WITH NO KITCHEN OR BATH FACILITIES VIOLATION ADDRESS: 652 POMPANO DRIVE 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030707 GARY JEAN CHERY INV. AZURE SORRELS ORD. 2004-41 SEC(S). 2.01.00(A) UNLICENSED VEHICLE PARKED IN DRIVEWAY VIOLATION ADDRESS: 12231 FULLER LANE CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050340 FRANCISCO MARTINEZ INV. AZURE SORRELS ORD. 2005-44 SEC(S). 6,7,8 RECURRING VIOLATION OF LITTER ON RESIDENTIALLY ZONED PROPERTY LOCATED AT 5225 MITCHELL ST, NAPLES, FL VIOLATION ADDRESS: 5225 - 27 MITCHELL STREET CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050341 FRANCISCO MARTINEZ INV. AZURE SORRELS ORD. 04-41 AS AMENDED SEC(S). 2.01.00(A) RECURRING VIOLATION OF MULTIPLE UNLICENSED/INOPERABLE VEHICLES P ARKED/STORED ON RESIDENTIALLY ZONED PROPERTY LOCATED AT 5225 MITCHELL ST. NAPLES, FL VIOLATION ADDRESS: 5225 - 27 MITCHELL STREET 22. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030820 CHERI-LYNN BOEDEKER INV. AZURE SORRELS ORD. 04-41 AS AMENDED SEC(S). 2.01.00(A) & 4.05.03(A) UNLICENSED TRAILER STORED ON RESIDENTIALLY ZONED PROPERTY. VEHICLE PARKED/STORED ON GRASS. PROPERTY LOCATED AT 5317 MITCHELL ST, NAPLES, FL VIOLATION ADDRESS: 5317 MITCHELL STREET 23. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050444 RONALD BRIJA & NANETTE BRIJA INV. AZURE SORRELS ORD. 04-41 AS AMENDED SEC(S). 2.01.00(A) REPEAT VIOLATION FOR UNLICENSED/INOPERABLE VEHICLE P ARKED/STORED ON RESIDENTIALLY ZONED PROPERTY LOCATED AT 91 DOLPHIN CIR. NAPLES, FL VIOLATION ADDRESS: 91 DOLPHIN CIRCLE VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: 2006090442 OWNER: EUGENE JONES SR. OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC(S). 7(5) FAILURE TO REGISTER RENTAL PROPERTY VIOLATION ADDRESS: 408 15TH STREET SE, IMMOKALEE 2. CASE NO: 2006090129 OWNER: JEAN BAPTISTE VILMEUS OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 03-14 SEC(S). 5 & 11 FAILURE TO AFFIX ADDRESS NUMBERS VIOLATION ADDRESS: 800 HENDRY STREET, IMMOKALEE 3. CASE NO: 2006090913 OWNER: JEAN BAPTISTE VILMEUS OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 04-41 SEC(S). 2.01.00(A) UNLICENSED VEHICLE VIOLATION ADDRESS: 800 HENDRY STREET. IMMOKALEE 4. CASE NO: 2006120183 OWNER: JOSEFINA MUNOZ OFFICER: INV. CRISTINA PEREZ VIOLATIONS: ORD. 04-41 SEe. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES VIOLATION ADDRESS: 3026 IMMOKALEE DRIVE 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070623 JOSEFINA MUNOZ INV. CRISTINA PEREZ ORD. 2005-44 SEC(S). 6,7,8 ACCUMULATION OF LITTER VIOLATION ADDRESS: 3026 IMMOKALEE DRIVE 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006090182 JOHN D DIMARCO III INV. JEFF LETOURNEAU ORD. 04-41 SEC(S). 2.01.00( C) COMMERCIAL VEHICLE ON RESIDENTIAL PROPERTY VIOLATION ADDRESS: 2978 POPLAR STREET B. Motion for Reduction of Fines: VII. OLD BUSINESS A. Request to forward case for Collections I 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: July 6,2007 XI. ADJOURN June 15,2007 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:05 AM. All those testifying at this proceeding today did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate 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: 9:11 AM RECONVENED: 9:33 AM II. APPROVAL OF AGENDA Jeff Letourneau, Code Enforcement Investigative Supervisor, proposed the following changes: (a) The following cases were WITHDRAWNby the County due to payment of fines: . Case # 2006/20624 - BCC vs. Maximiano Navarro and Margarita Navarro . Case # 2006090442 - BCC vs. Eugene Jones, Sr. . Case # 2006/20183 - BCC vs. Josefina Munoz (b) STIPULATIONS were reached in the following cases: . Case # 2006100191 - BCC vs. Garden Lake of Immokalee Ltd., c/o Karen Seligman . Case # 2007010364 - BCC vs. Jeffrey D. Badgley and Christina Badgley . Case # 2006/20146 - BCC vs. Albert Forero . Case # 2006110602 - BCC vs. Hector Motino . Case # PR 2566 - BCC vs. Gustavo Gonzalez (c) Case # 2007050417 -BCC vs. Dimitri Soltan and Tatiana Tannehill was added to the Agenda as an emergency hearing. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Hearing held on June 1, 2007 were reviewed by the Special Magistrate and approved as submitted. IV. MOTION(S) FOR CONTINUANCE A written Request for a Continuance was submitted in Case # 2007040275 - BCC vs. Henry Tesno and Jill Weaver, and in Case # 2007020244 - BCC vs. Henry Tesno and 2 June 15,2007 Jill Weaver. Investigative Supervisor Jeff Letourneau stated the County objected to a Continuance being granted. The Special Magistrate noted the Respondents' letter was not written by either Respondent, but by Eddie Dayton who is the property manager for the Respondents. The Request for a Continuance was DENIED in Case # 2007040275 and in Case #2007020244. V. PUBLIC HEARINGS A. Stipulations: 9. Case # 2006100191 - BCC vs. Garden Lake ofImmokalee Ltd. c/o Karen Selil!man of Dimension One Manal!ement Inc. The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ordinance 04-58, Section 6, Subsections l2(B and C) Several buildings on this property with severe roof and siding damage Address of violation: 2401 Lake Trafford Road, Collier County A Stipulation was agreed to by Karen Seligman as the Registered Agent for the Respondent on June 7, 2007. Investigator Mucha stated the Operational Costs of $320.17 had been paid by the Resident Agent on behalf of the Respondent. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to contact a general contractor to obtain all required permits to make repairs to the structures, obtain inspections and Certificates of Occupancy, and to make all other repairs to the structure requiring permits on or before September 14,2007, or afine of $250. 00 per day would be imposed for each day the violation(s) remained thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. 16. Case # 2007010364 - BCC vs. Jeffrev D. Badl!lev and Christina Badl!lev The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondents were not present. 3 June 15,2007 Violation(s): Ordinance 04-58, Sections 7, Subsections 4 and 5 Residentially zoned rental property which does not provide required rental agent information and has outstanding late fees due Address of violation: 4]0 Flagship Drive, #]203., Collier County A Stipulation was agreed to by Respondent, Jeffrey D. Badgley. on behalf of his wife and himself on June 8. 2007. Property Maintenance Specialist Mucha stated the Respondents had paid the Operational Costs of $282.79, and had abated the violations. 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 GUILTY of the alleged violation(s). 5. Case # 2006120146- BCC vs. Albert Forero The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent had been present earlier and had entered into a Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 04-41, as amended, Sections 10.02.06(B)(I)(a) and (B)(I)(d)(i), Florida Building Code 2001 Edition as amended by Ordinance 2002-], Section] 04.1.]; Failure to obtain permits for improvements and alterations for replacement of the front door Address ofvio]ation: 2839 Poinciana Street, Collier County A Stipulation was agreed to by the Respondent. Investigator Box stated the Respondent signed the Stipulation on June 15,2007. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain all permits for any and all improvements and alterations, or to obtain permits for the removal of all non-permitted improvements to this property, on or before June 29, 2007, and to obtain all required inspections and Certificate of Occupancy on or before August 15,2007, or afine of $200. 00 per day would be imposed for each day the violation(s} remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $275.22 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notify the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 4 June 15, 2007 15. Case # 2007010643 - BCC vs. Norman E. Whitney The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was also present. Violation(s): Ordinance 04-58, Section 6, Subsections 12(B, C, K, L, N, P), 19(A - D), and 20 Numerous minimum housing violations Address of violation: 5442 27th Place SW, Collier County A Stipulation was agreed to by the Respondent. The Respondent stated he is on a fixed income of approximately $900 per month. He further stated the payment of the Operational Costs, in addition to purchasing the supplies required for repairs, would be a financial hardship for him. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s} and was ordered to correct all minimum housing violations as described in the Minimum Housing Inspection Report (dated January 18, 2007) on or before August 15,2007, or afine of $250. 00 per day would be imposed for each day the violation(s} remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of$313.20 incurred during the prosecution of this case on or before August 15, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s} had been abated. The Special Magistrate ruled that if all repairs and inspections were completed on or before August 15, 2007, payment of the Operational Costs would be waived. 6. Case # 2006110602 - BCC vs. Hector Motino The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. Oneida Avalos, Collier County Code Enforcement, served as interpreter for the Respondent. Violation(s): Ordinance 04-41, Sections 1.04.01,2.02.03, 2.01.00(A), 4.05.03(A) Ordinance 04-58, Section 6(17) Numerous unlicensedlinoperable vehicles stored on front and rear of property Address of violation: 4012 Rose Avenue, Collier County A Stipulation was agreed to by the Respondent. 5 June 15, 2007 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 unlicensed vehicles from the property on or before June 18, 2007, or a fine of $50.00 per day per vehicle would be imposed for each day the violation(s) remained thereafter, and was also ordered to store all licensed vehicles on a stabilized surface on or before June 18,2007 or afine 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 Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $253.35 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 1. Case # PU 2566 - BCC vs. Gustavo Gonzalez The Hearing was requested by Collier County Public Utilities Investigator Ray Addison who was present. The Respondent had been present earlier and had entered into a Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 2-17 and Ordinance 90-125, Section 5 Irrigating outside scheduled time Address of violation: 801 109th Avenue N., Collier County A Stipulation was agreed to by the Respondent. 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 $75.00, together with a citation fee of$5.00, on or before July 13, 2007 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $50.00 incurred during the prosecution of this case on or before July 13, 2007. 11. Case # 2007030339 - BCC vs. Jean Claude Martel The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. Violation(s): Ordinance 05-44, Sections 6. 7 and 8 Repeat Violation: Prohibited accumulation oflitter, creating a health and safety concern at property zoned village residential Address of violation: 3190 Karen Drive, Collier County Investigator Keegan performed a site inspection stated on April 30, 2007 and took 6 June 15,2007 photographs. He stated he informed the Respondent that he would be going back to Court since the violation had not been abated. The Respondent told the Investigator he would shoot anyone who entered his property. The Investigator introduced a news report from WFTX FOX 4 NEWS (computer print-out) entitled "Trashy Backyard" describing the neighbors' concerns about the litter. Photographs were marked County Composite Exhibits "1" through "6" and introduced into evidence. The news report was marked as County Exhibit "3." Investigator Keegan further stated this was a repeat violation. 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 and debris from the property and to clean the property on or before June 22, 2007, or afine of $100. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to remove the litter and clean the property by June 22, 2007, the County would be authorized to bid out the removal of the litter to a private contractor and to assess the costs to the Respondent. The Respondent was ordered to pay Operational Costs in the amount of $267.68 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. The Special Magistrate asked the Respondent ifhe understood the Order and the time frame, and the Respondent replied that he needed more time to remove the litter. The Special Magistrate stated that if the Respondent made substantial progress during the time allotted, Code Enforcement would be allowed to grant him additional time. The Special Magistrate cautioned the Respondent that she did not want any violence to occur at his property because of this situation. The Respondent stated if he could "work with them" [Code Enforcement], there would be no violence. "If you bring tractors or dump trucks over there, there's gonna be violence over there, big time. J guarantee you. " The Special Magistrate reiterated that if the litter was not removed, the County might bring dump trucks to the site to remove the trash. The Respondent stated once again that he "won't let that happen." He stated he had valuable things on his property. The Special Magistrate asked the Respondent ifhe had fire arms at the property. He stated he did own a gun, but it was inoperable. The Special Magistrate cautioned him that the use of a firearm was a serious offense in Florida and that she hoped he would be cooperative to avoid more problems. The Respondent said that he would try to work with Code Enforcement. 7 June 15, 2007 A-I. Case # 2007050417 - Dimitri Soltan and Tatiana Tannehill The Hearing was requested by Collier County Code Enforcement Investigator Joe Mucha who was present. The Respondent was also present and stated that he also represented his wife, Tatiana Tannehill. John Powers was present as a witness for the County. Violation(s): Ordinance 04-58, Sections 6, Subsections 2, 3, 4, 5, 9, 10 and 11 Single-family home currently occupied without electricity Address of violation: 2263 Spruce Street, Collier County Investigator Mucha stated a complaint had been made by the Powers, the occupants of the property. He further stated the landlords, Soltan and Tannehill, were in the process of evicting the tenants, Powers, and that the electricity had been turned off as of Monday, June ll, 2007. Mr. Powers stated the garage had been rented as a separate apartment but the electricity remained in the landlords' name. He stated he agreed to pay 60% of the electric bill and the other tenant would pay the remaining 40%. There was a dispute due to a faulty air conditioning system that the landlord said he would repair but had not. A copy of a hand-written lease agreement was marked and entered into evidence as County Exhibit "A." The Respondent introduced a printed Rental Agreement (with hand-written inserts) which was marked and entered into evidence as Respondent Exhibit "1." The Special Magistrate explained to the Respondent he was responsible for correcting the violations that the County cited or fines would be assessed. She further explained that this was not a case between the Respondent and his tenant, it was a case between the Respondent and the County. She stated the County's Ordinance requires a landlord to supply electricity to the property. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to immediately contact Florida Power and Light to restore electricity to the property, or afine of $250. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Code Enforcement Investigator would accompany the Respondent to the FPL offices to assist the Respondent in correcting the violation. The tenant would also make himself available at the same time at the FPL offices. The Respondent was ordered to pay Operational Costs in the amount of$335.33 incurred during the prosecution of this case on or before July 13, 2007. RECESS: 11:30 AM RECONVENED: 11:47 AM 8 June 15, 2007 V. PUBLIC HEARINGS B. Hearinl!s: 4. Case # CO 4039 - Dutch Girl Limousine. d/b/a Dutch Girl Enterprises c/o Joan Gerber. 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): Chapter 142, Code of Laws and Ordinances, 142-58(F)(3) and 142-55(A) Operated vehicle for hire service without then-effective PY AC certificate to operate; failed to renew certificate to operate prior to expiration Investigator Crowley stated she had spoken to the Respondent who admitted that she did not renew the Certificate to Operate prior to its expiration. The Respondent stated she did not renew the Certificate to Operate because she did not operate the vehicle in Collier County; she closed the business entirely. Investigator Crowley stated the Respondent was required to notify the Secretary of State in writing that the corporation had been dissolved. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of a technical violation of the Ordinance and was ordered to pay a civil fine of $50. 00 together with a citation fee of$5.00 on or before July 13, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Special Magistrate ruled that if the Respondent notified the Secretary of State, in writing, requesting dissolution of the corporation prior to June 20, 2007, the civil penalty and citation fee would be waived. The Respondent was to provide a copy of her notification letter to the Code Enforcement Investigator prior to June 20, 2007. 19. Case # 2007030707 - BCC vs. Garv Jean Chery The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was also present. Violation(s): Ordinance 04-41, Section 2.01.00(A) Unlicensed vehicle parked in driveway Address of violation: 12231 Fuller Lane, Collier County 9 June 15,2007 Investigator Sorrels introduced photographs which were marked as Composite County Exhibit "1" [consisting of "A" (03/22), "B" (04/18), and "C" (06/14)], and were introduced into evidence.. The Respondent stated he removed the vehicle on June 14,2007 in the afternoon. The Investigator stated she would perform another site visit to verify compliance. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to either remove the vehicle from the premises or to affIX a current valid license plate on or before June 18, 2007, or a fine of $50.00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $253.35 incurred during the prosecution of this case on or before August 15,2007. The Respondent did notifY the Investigator that the violation had been abated. 23. Case # 2007050444 - BCC vs. Ronald Brija and Nanette Brija The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent, Ronald Brija, was also present. The Respondent stated that he was representing his wife as well as himself. Violation(s): Ordinance 04-41, Section 2.01.00(A) Unlicensed/inoperable vehicle parked/stored on residential property Address of violation: 91 Dolphin Circle, Collier County The Investigator stated the violation has been abated. The Investigator recommended assessing a civil penalty of $500.00 since this was a repeat violation. 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 GUILTY of the alleged violation(s) and were ordered to pay a civil penalty of $150. 00 on or before July 13, 2007. The Respondents were ordered to pay Operational Costs in the amount of$240.99 incurred during the prosecution of this case on or before July 13, 2007. 12. Case #2007040275 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present but were represented by Eddie Dayton, their property manager. Edgar Jacobs, a tenant, appeared as a witness. 10 was June 15, 2007 Violation(s): Ordinance 04-58, Section 6, Subsections 1-5,8-11, 12(D), 12(H), 12(1), 12(K), 12(L), 12(0), 12(P), 19(B) Minimum housing violations Address of violation: 3137 Lunar Street, Collier County The Special Magistrate stated for Mr. Dayton's benefit the Motion for a Continuance denied because Mr. Dayton had previously represented the Respondents and because there were health, safety and welfare issues involved. The Investigator introduced several photographs which were marked as Composite County Exhibit "A" (consisting of 17 photographs taken on April 12, 2007), Composite County Exhibit "B" (consisting of 1 0 photographs taken on April 24, 2007), and Composite County Exhibit "C" (consisting oftwo photographs taken on May 2, 2007). The Investigator stated the mobile home had been divided into two units which is not legally permitted. Mr. Dayton stated that he had completed some of the repairs to the premises. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s} and were ordered to either complete all of the repairs cited or to obtain all required permits to demolish the mobile home on or before July 13, 2007, or afine of $1 00. 00 per day would be imposedfor each day the violation(s} remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents did not abate the violations by July 13, 2007, the County would be authorized to demolish the structure and to assess the costs to the Respondents. The Respondents were further ordered to pay a civil penalty of $250. 00 on or before July 13,2007. The Respondents were ordered to pay Operational Costs in the amount of $224.44 incurred during the prosecution of this case on or before July 13, 2007. Collier County Property Maintenance Specialist Joe Mucha will inspect the progress of repairs on July 2,2007 13. Case #2007020244 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present but were represented by Eddie Dayton, their property manager. Violation(s): Ordinance 04-58, Section 6, Subsections 2, 3, 9 Repeat minimum housing violations 11 June 15, 2007 Address of violation: 3069 Lunar Street, Collier County Property Maintenance Specialist Mucha stated the tenants complained they did not have electricity or water for approximately one month. Specialists Mucha stated that he contacted the Respondents' attorney, David Shankman, to alert him to this problem. He further stated he conducted a site visit on February 22,2007; the utilities had been restored. Property Maintenance Specialist Mucha stated "for the record" that this was a repeat violation for this specific property. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine of $600.00 on or before July 13, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs in the amount of $274.69 incurred during the prosecution of this case on or before July 13, 2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 6. Case # 2006090182 - BCC vs. John D. DiMarco, III The County was represented by Collier County Code Enforcement Investigative Supervisor, Jeff Letourneau. The Respondent was also present. The County requested assessment of Operational Costs in the amount of$117.48. The Respondent questioned why he was being assessed the Operational Costs. The Special Magistrate explained an Order was entered on February 16, 2007 as the result of a Hearing held on the same date. The Respondent stated the certified letter was sent to an incorrect address; he stated he had notified the Tax Collector's office of his correct address: 2798 Popular Street, Naples, Florida. The Respondent further stated he had appeared for a Hearing on June I, 2007 as notified, but the case was not included on the Agenda. Supervisor Letourneau stated that, due to scheduling error, the County waived the payment of Operational Costs in this case. 12 June 15,2007 5. Case # 2006070623 - BCC vs. Josefina Munoz The County was represented by Collier County Code Enforcement Investigative Supervisor, Jeff Letourneau. The Respondent was also present. The County requested payment fines of $3,500 for the period from March 9, 2007 through April 1, 2007 (35 days @ $100/day). Operational Costs have been paid. The Respondent stated the litter was caused by previous tenants who have since moved from the premises. The Special Magistrate GRANTED the County's motion for the imposition of a fine but, due to mitigating circumstances, reduced the total amount of the fine to $2,000.00. The Respondent was ordered to pay this fine on or before September 15, 2007, or the County would proceed with enforcement of the lien. V. PUBLIC HEARINGS B. Hearinl!s: 2. Case # PU 492 - BCC vs. Scott Allan The Hearing was requested by the Respondent who was not present. Collier County Public Utilities Investigator Ray Addison appeared on behalf of Investigator Michael Andreski. Violation(s): Ordinance 02-17 and Ordinance 90-125, Section 5 Illegal irrigation, wrong time Address of violation: 1767 Knights Court, Collier County Investigator Addison stated the Respondent had told Investigator Andreski that he had recently installed new sod. Investigator Addison introduced photographs which were marked as County Composite Exhibit "A" and entered into evidence. Investigator Addison stated that the installation of new sod was the exception to the watering schedule rule. 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 penalty of$75.00, together with a citation fee of$5.00, on or before July 13,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $50.00 13 June 15,2007 incurred during the prosecution of this case on or before July 13, 2007. 3. Case # PR 26 - BCC vs. Mike R. Ornelas The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Robert Martin was present. Violation(s): Ordinance 130-66(4) Failure to display a paid launch receipt Park Ranger Martin stated he observed the vehicle on April 1, 2007, but was unable to view a boat launch sticker or paid launch receipt 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 penalty of$75.00 together with a citation fee of$5.00 on or before July 13, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of$50.00 incurred during the prosecution of this case on or before July 13, 2007. Case # PU 492 - BCC vs. Scott Allan: the Special Magistrate reviewed the file and stated "for the record" it did not appear the Respondent had received proper notice of to day's Hearing. Arlene Harper, Collier County Administrative Secretary, testified she checked the USPS website and noted delivery was attempted on June 1,2007. Supervisor Letourneau stated since there had not been "good service," the County requested a Continuance. The Special Magistrate ruled that, due to the lack of proper notice, the Order issued Case # PU 492 - BCC vs. Scott Allan (as noted previously) was RESCINDED and the Request for a Continuance made by the County was GRANTED. 7. Case # 2007030825 - BCC vs. Wayne Co Womack The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ordinance 04-41, as amended, Section 2.01.00(A) Unlicensed/inoperable vehicle Address of violation: 2960 Van Buren Avenue, Collier County 14 June 15,2007 Investigator Keegan introduced photographs which were marked as County Composite Exhibit "A" and entered into evidence. He further 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 Respondent was found GUILTY of the alleged violation(s). The Respondent was ordered to pay Operational Costs in the amount of $247.42 incurred during the prosecution of this case on or before July 13, 2007. 9. Case # 2007040073 - BCC vs. Alberto Estrada The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ordinance 04-41, as amended, Sections 4.05.03(A) and (F) Illegal parking/storage of vehicles on grass Address of violation: 2906 Andrews Avenue, Collier County Investigator Keegan introduced two photographs which were marked as County Composite Exhibit "A" and entered into evidence. He further stated he conducted a site visit on June 14,2007, and 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 Respondent was found GUILTY of the alleged violation(s). The Respondent was ordered to pay Operational Costs in the amount of $248. 65 incurred during the prosecution of this case on or before July 13, 2007. 10. Case # 2007020200 - BCC vs. Omah M. Kiser The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ordinance 04-58, Section 7(2) Recurring failure to renew Collier County rental registration Address of violation: 1201 Jefferson Avenue W., Collier County Investigator Keegan stated he has had numerous conversations with the Respondent. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to properly register the rental property with Collier County and to pay any and all accrued late fees on or 15 June 15, 2007 before June 29,2007, or afine of $25. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $262.74 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 17. Case # 2006090490 - BCC vs. Saint Juste Florestant The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist John Santafemia who was present. The Respondent was not present. Violation(s): Ordinance 04-58, Section 18 Building is vacant; doors and windows are open, broken and/or missing, allowing access to interior and creating a hazard/nuisance Address of violation: 921 Coconut Circle E., Collier County Property Maintenance Specialist Santafemia stated a Notice of Violation was sent in September, 2006. He stated the owner contacted him in October, 2006. He stated he prepared a second Notice of Violation to "board and secure" the property in January, 2007, and posted the property. Property Maintenance Specialist Santafemia presented three photographs which were marked as County Composite Exhibit "A" and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to properly securing all windows and doors to the interior of the structure on or before June 29, 2007, or a fine of $250. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent elects to board the windows and doors, he must obtain a Collier County Boarding Certificate prior to the boarding. If the Respondent fails to secure the structure by the allotted time, the County would be authorized to secure the structure by boarding and assess all costs to the Respondent. The Respondent was ordered to pay Operational Costs in the amount of $390.20 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 18. Case # 2007030290 - BCC vs. RoHan Perez The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist John Santafemia who was present. The Respondent was not present. 16 June 15,2007 Violation(s): 04-58, Section 6, Subsections 1, 5, 11 and Section 7, Subsection 2 Residentially zoned property used as rental property without being registered with Collier County; renting a room without kitchen or bath Address of violation: 652 Pompano Drive, Collier County Property Maintenance Specialist Santafemia conducted a site visit in March, 2007, at the property. He stated he met a tenant who allowed him access to the room which she rented located off the garage. He further stated the tenant did have water, although she did not electricity, a bathroom or kitchen facilities in the rented space. The remainder of the property was vacant and she was moving out. She stated she was unable to contact the owner and was not sure where he was living. Specialist Santafemia prepared a Notice of Violation which he posted at the property and at the Court House. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain a valid Collier County rental registration on or before June 22,2007, or afine of $25. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Special Magistrate ordered that if the Respondent rented the property at any time prior to obtaining a rental registration, the Respondent would be fined $250.00 per day for each day the property was rented, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to immediately discontinue renting any room that does not provide kitchen and bathroom facilities, or a fine of $250.00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $280.15 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 20. Case # 2007050340 - BCC vs. Francisco Martinez The Hearing was requested by Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ordinance 05-44, Sections 6, 7, and 8 Recurring Violation: Litter on residentially zoned property Address of violation: 5225 Mitchell Street, Collier County 17 June 15, 2007 Investigator Sorrels introduced three photographs which were marked as Composite County Exhibit "A" (photograph #1 - refrigerator and stove in the driveway; photograph #2 - 5 gallon bucket of used motor oil; photograph #3 - sheets of plywood in front yard). A tenant translated the Investigator's comments via a telephone conversation with the Respondent concerning the nature of the violations and the requirements to abate the violations. 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 debris and litter from the premises on or before June 22,2007, or afine of$100.00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent did not abate the violations by the specified date, the County would be authorized to bid out the litter removal to a contractor and to assess the costs to the Respondent. The Respondent was ordered to pay Operational Costs in the amount of $242. 97 incurred during the prosecution of this case on or before July 13,2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 21. Case # 2007050341 - BCC vs. Francisco Martinez The Hearing was requested by Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ordinance 04-41, Section 2.02.00(A) Recurring Violation: Multiple unlicensed/inoperable vehicles parked/stored on residentially zoned property Address of violation: 5225 Mitchell Street, Collier County Investigator Sorrels introduced two photographs which were marked as Composite County Exhibit "A." A tenant translated the Investigator's comments via a telephone conversation with the Respondent concerning the nature of the violations and the requirements to abate the violations. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to either obtain and affIX a current, valid license plate to each vehicle, or to store all of the unlicensed vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before June 20,2007, or afine of $50. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to either repair the licensed vehicles to an operable condition, or to store the 18 June IS, 2007 inoperable vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before June 20,2007, or afine of $50. 00 per day would be imposed for each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs in the amount of $242.97 incurred during the prosecution of this case on or before July 13, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 22. Case # 2007030820 - BCC vs. Cheri-Lynn Boedeker The Hearing was requested by Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ordinance 04-41, as amended, Section 2.01.00(A) and 4.05.03(A) Unlicensed trailer stored on residentially zoned property; vehicle parked/stored on grass Address of violation: 5317 Mitchell Street, Collier County Investigator Sorrels stated she contacted the Respondent by telephone and conducted a site visit on June 14,2007. She further stated the violations have 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 Respondent was found GUILTY of the alleged violation(s). The Respondent was ordered to pay Operational Costs in the amount of $244. 94 incurred during the prosecution of this case on or before July 13, 2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case # 2006090129 - BCC vs. Jean Bautiste Vilmeus The County was represented by Collier County Code Enforcement Investigative Supervisor, Jeff Letourneau. The Respondent was not present. The County requested payment of Operational Costs of$114.87, and fines of$3S0.00 for the period from February 6, 2007 through February 13,2007 (7 days @ $50/day), for a total amount of$464.87. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of$464.87 (including Operational Costs). The Respondent was ordered to pay this fine on or before September 15, 2007, or the County would proceed with enforcement of the lien. 19 June 15, 2007 The Special Magistrate noted "for the record" the Respondent had received proper notice of today' s Hearing but failed to appear. 3. Case # 2006090913 - BCC vs. Jean Baptiste Vilmeus The County was represented by Collier County Code Enforcement Investigative Supervisor, Jeff Letoumeau. The Respondent was not present. The County requested payment of Operational Costs of$I27.22, and fines of$I,150.00 for the period from February 6, 2007 through March 1, 2007 (23 days @ $50/day), for a total amount of$1,277.22. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of$I,177.11 (including Operational Costs). The Respondent was ordered to pay this fine on or before September 15, 1007, or the County would proceed with enforcement of the lien. The Special Magistrate noted "for the record" the Respondent had received proper notice of to day's Hearing but failed to appear. 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 - July 6, 1007. There being no further business for the good of the County, the Hearing was adjourned by order of the Special Magistrate at 1 :53 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 20 June IS, 2007 COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on , as presented , or as amended 21