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CESM Minutes 07/20/2007 July 20, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 20, 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 Wright, Assistant Collier County Attorney Carol Sykora, Code Enforcement Supervisor Arlene Harper, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: July 20, 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 MAGISTRATE 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 MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - July 6, 2007 V. PUBLIC HEARINGS IV, MOTIONS FOR CONTINUANCE A. Stipulations B, Hearings I. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 153467 DON WAGNER CPL. V. SPARACINO ORD. SEe. 130-66 PARKED ON COUNTY RIGHT OF WAY VIOLATION ADDRESS: SOUTHBA Y DRIVE & GULFSHORE COURT 2. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 144983 GORDON R. WOLFE DEP. BARRACO ORD. SEC. 130-66 PARKED IN AN UNLA WFUL AREA VIOLATION ADDRESS: 6225 ARBOR BLVD. VINEY ARDS ELEMENTARY 3. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 146235 SABRINA A. LINDEN DEP. LEWIS #2900 ORD. SEC. 130-67 PARKED IN HANDICAPPED SPACE. VIOLATION ADDRESS: 4849 GOLDEN GATE PARKWAY IN PARKING LOT 4. CASE NO: SO 135517 OWNER: KEVIN LEO BURGERT OFFICER: DEP. D. SPAHL VIOLATIONS: ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: 3301 TAMIAMI TRAIL BLDG L 5. CASE NO: CO 4043 2007020495 OWNER: PRIVATE CAR LUXURY TRANSPORT A TlON, INC, C/O RALPH MARCHIONE, REGISTERED AGENT OFFICER: INV. MICHAELLE CROWLEY VIOLA TIONS: CHAPTER 142 CODE OF LA WS & ORDINANCES AND 142-58(F)(3), 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 1/31/07 VIOLATION ADDRESS: COLLIER COUNTY 6. CASE NO: CO 4383 2007050744 OWNER: DENNIS ZAK OFFICER: INV. KITCHELL SNOW VIOLATIONS: CODE OF LA WS & ORD. 142 SEC(S). 142.5(A), I42.58(A)(3) MAKING PASSENGER PICKUP WITHIN COLLIER COUNTY WITHOUT FIRST OBTAINING A VALID PV AC CERTIFICATE TO OPERATE. VIOLA TION ADDRESS: COLLIER COUNTY 7. CASE NO: CO 4384 2007050479 OWNER: TIM BEJIN OFFICER: INV. KITCHELL SNOW VIOLATIONS: CODE OF LAWS & ORD. 142 SEC(S). 142-51(A), 142-58(F)(3) OPERA TE A VEHICLE FOR HIRE, MAKING PICKUP (PASSENGER) IN COLLIER COUNTY WITHOUT FIRST OBTAINING A PV AC-ISSUED CERTIFICA TE TO OPERATE. VIOLA TION ADDRESS: MARCO MARRIOTT HOTEL 8. CASE NO: 2007050862 OWNER: JAMES CLA Y & PATRICIA CLA Y OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 04-41 AS AMENDED. SEC(S). 2.0I.OO(A) UNLICENSED VEHICLE VIOLATION ADDRESS: 195 PAGO PAGO DR W 9. CASE NO: 2007050860 OWNER: SEAN MITCHELL BARRON, HEDRICK TR, KENT G,ITF PATHETlQUE TRUST OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 04-4 I AS AMENDED. SEC(S). 4.05.03(A) VEHICLES PARKED ON GRASS IN FRONT YARD VIOLATION ADDRESS: 107 PAGO PAGO DR W 10. CASE NO: 2007040674 OWNER: CHARLES L, GABLE III & CHRISTINE R, CLA VELINE-GABLE OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 04-41 AS AMENDED. SEC(S). 2.01.00(A) INOPERABLE/UNT AGGED VEHICLE(S) VIOLATION ADDRESS: 5348 CALDWELL ST II. CASE NO: 2007040675 OWNER: CHARLES L, GABLE III & CHRISTINE R, CLA VELlNE-GABLE OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 05-44 SEC(S). 6 & 7 UNLA WFUL TO LITTER, PROHIBITED ACCUMULA TION OF LITTER VIOLA TION ADDRESS: 5348 CALDWELL ST 12. CASE NO: 2007050343 OWNER: DAVID & ZENAIDA FALATO OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED. SEC(S). 4.05.03(A) VEHICLE PARKED ON UN STABILIZED SURFACE IN BACK YARD VIOLA TION ADDRESS: 130 2ND ST 13. CASE NO: 2007050344 OWNER: DAVID & ZENAIDA F ALA TO OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 04-41 AS AMENDED. SEC(S). 5.02.03(1) OUTSIDE STORAGE OF HOME OCCUPATIONAL PRODUCTS AND/OR GOODS. (VENDING MACHINES) VIOLATION ADDRESS: 130 2ND ST 14. CASE NO: 2007030714 OWNER: JORGE CALZADA & ANA ESQUIJAROSA OFFICER: INV. AZURE SORRELS VIOLA TIONS: ORD. 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE SEC(S). 1 0.02.06(B)(l )(A), 1 0.02.06(B)(l )(E), 1O.02.06(B)(l)(E)(I) BUILDING PERMITS VIOLATION ADDRESS: 12196 FULLER LN 15. CASE NO: 2007050762 OWNER: L1NNETTE POWELL OFFICER: INV. REGGIE SMITH VIOLA TIONS: ORD. 04-41 LAND DEVELOPMENT CODE, AS AMENDED. SEC(S). 2.01.00C COMMERCIAL VEHICLE(S)/EQUIPMENT IN RESIDENTIAL DISTRICTS VIOLA TION ADDRESS: 5214 GILCHRIST ST 16. CASE NO: 2007060226 OWNER: BONNIE KAREN OFFICER: INV. CHRISTOPHER AMBACH VIOLATIONS: ORD. 04-41 AS AMENDED, SEC(S). 2.01.00(B) RECREATIONAL VEHICLE IN FRONT YARD VIOLATION ADDRESS: 208 CAYS DR 17. CASE NO: 2007050928 OWNER: RACHEL BUENO & JUAN BUENO OFFICER: INV. RENALD PAUL VIOLA TIONS: ORD. 04-41 AS AMENDED SEC(S). 4.05.03(A) VEHICLES PARKED ON THE FRONT/REAR YARD VIOLATION ADDRESS: 5340 GEORGIA AVE 18. CASE NO: 2007050829 OWNER: JAMES STOCKNER JR, & ROBERT A STOCKNER OFFICER: INV. RENALD PAUL VIOLA TIONS: ORD. 04-41 AS AMENDED SEC(S). 4.05.03(A) MULTIPLE VEHICLES PARKED ON THE FRONT/REAR YARD VIOLATION ADDRESS: 5441 CA TTS ST 19. CASE NO: 2007051053 OWNER: THOMAS J. ZENZ & SUSAN L. ZENZ OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 04-4 I AS AMENDED SEC(S). 4.05.03( C) MULTIPLE VEHICLES PARKED ON THE FRONT/REAR YARD VIOLATION ADDRESS: 5353 BROWARD ST 20. CASE NO: 2007050930 OWNER: GABRIEL CASTILLO OFFICER: lNV. RENALD PAUL VIOLATIONS: ORD. 04-41 AS AMENDED SEC(S). 2.0 I.OO(A) VEHICLE WITH NO LICENSE PLATES PARKED ON RESIDENTIALLY ZONED PROPERTY VIOLATION ADDRESS: 5320 GEORGIA AVE 21. CASE NO: 2007030265 OWNER: RICARDO MONTPELLER ACOSTA OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 03- I 4 AS AMENDED SEC. 7(2) NO ADDRESSING ON STRUCTURE OR MAILBOX. VIOLATION ADDRESS: 1875 51ST ST SW 22. CASE NO: 2007030266 OWNER: RICARDO MONTPELLER ACOSTA OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 04-41 AS AMENDED SEC(S). 5.03.02 A(3) DAMAGED FENCE VIOLATION ADDRESS: I8755ISTSTSW 23. CASE NO: 2007030312 OWNER: GEORGE WILLIAMS OFFICER: INV. CRISTINA PEREZ VIOLATIONS: ORD. 05-44 SEC(S). 6, 7& 8 LITTER VIOLATION ADDRESS: 2620 72ND AVE NE VI, NEW BUSINESS A. Motion for Imposition of Fines: I. 2. 3. 4. 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006020362 MARCO ORBEGOSO INV. JOHN MARSH ORD. 04.41 AS AMENDED SEe. 2.02.03 PROHIBITED STORAGE OF CONSTRUCTION (POOL) MATERIALS ON PROPERTY VIOLATION ADDRESS: 3891 ESTEY AVE CASE NO: OWNER: OFFICER: VIOLATIONS: CO 4034 2006120729 ALLIGATOR ALLEY EXPRESS LLC, DAVID BROWN RA INV. MICHAELLE CROWLEY CHAPTER 142 CODE OF LAWS & ORDINANCES SEC(S). 142-58(F)(3) & 142- 55(A) OPERATED A VEHICLE FOR HIRE BUSINESS WITHOUT A THEN EFFECTIVE CERTIFICATE TO OPERATE FOR ALLIGATOR ALLEY EXPRESS AFTER REPEATED REQUESTS TO FILE APPLICA TION FOR CERTIFICATE VIOLATION ADDRESS: 500 TERMINAL DRIVE CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007030478 SATRICE METELUS INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED SEC(S). 2.0 I.OO(B) OBSERVED RECREATIONAL VEHICLE STORED ON RESIDENTIAL ZONED PEROPERTY LOCATED AT 3169 ARECA AVE, NAPLES, FL VIOLATION ADDRESS: 3169 ARECA AVENUE CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030650 JOHN T. HAYES & DENISE M. HAYES INV. RENALD PAUL ORD. 04-41 SEC. 2.01.00(A) INOPERABLE VEHICLE PARKED IN THE FRONT DRIVEWAY VIOLATION ADDRESS: 4200 19TH AVE SW CASE NO: OWNER: OFFICER: VIOLA TIONS: 200510077 6 ELAINE DELORIS CHOICE INV. JEFF LETOURNEAU ORD. 04-68 SEC(S). 6 SUBSEC(S). 1,8,9, 12B, 12C, 121, 12P, 19A, I9C, 19D & 20 MINIMUM HOUSING VIOLATION ADDRESS: 4500 GOLDEN GATE PKWY VII. OLD BUSINESS IX. REPORTS VIII. CONSENT AGENDA X, NEXT MEETING DATE: August 3, 2007 XI. ADJOURN July 20, 2007 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate 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 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: 9:15 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes: (a) The following cases were WITHDRA WN by the County due to payment of fines: . Case # SO 144983 - BCC vs. Gordon R. Wolfe . Case # 2007030650 - BCC vs. John T. Hayes and Denise M. Hayes (b) The following cases were added to the Agenda on an Emergency basis: . Case # 2007070378 - BCC vs. Henry Tesno and Jill Weaver . Case # 2007070379 - BCC vs. Henry Tesno and Jill Weaver Sue Chapin, Secretary to the Special Magistrate, announced that Stipulations were reached in the following cases: . Case # 2007050862 - BCC vs. James Clay and Patricia Clay . Case # 2007050930 - BCC vs. Gabriel Castillo . Case # 2007030714 - BCC vs. Jorge Calzada and Ana Esquijarosa . Case # 2007050762 - BCC vs. Linnette Powell . Case # 2007030312 - BCC vs. George Williams . Case # 2007040674 - BCC vs. Charles 1. Gable, III, and Christine R. Clavelin-Gable . Case # 2007040675 - BCC vs. Charles 1. Gable, III, and Christine R. Clavelin-Gable . Case # 2007050829 - BCC vs. James Stockner, Jr., and Roberta Stockner The Special Magistrate approved the Agenda as amended, subject to changes made during the course oftlte Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Hearing held on July 6, 2007 were reviewed by the Special Magistrate and approved as submitted. IV. MOTION(S) FOR CONTINUANCE (a) Case # CO 4383 (2007050744) - BCC vs. Dennis Zak: A written Request for a Continuance was submitted by the owner of the company, not by the Respondent. Investigator Kitchell Snow stated the County opposed granting a Continuance in this case. He further stated there was an issue of public health and safety since no 2 July 20, 2007 . verification of the condition of the cars or proof of insurance had been provided. The Special Magistrate DENIED the Request for a Continuance. (b) Case # 2007050928 - BCC vs. Rachel Bueno and Juan Bueno: A written Request for a Continuance was submitted by the Respondents. Code Enforcement Investigator Renald Paul stated the County did not object to the Request for a Continuance. The Special Magistrate GRANTED the Request for a Continuance. The Special Magistrate noted "for the record' that Notices would be sent to all parties advising when this case was rescheduled for hearing. V. PUBLIC HEARINGS A. Stipulations: 8. Case # 2007050862 - BCC vs. James C1av and Patricia Clav The Hearing was requested by Collier County Code Investigator Azure Sorrels who was present. The Respondents were not present. Violation(s): Ordinance 04-41, as amended, Section 2.01.00(A) Unlicensed vehicle Address of violation: 195 Pago Pago Drive W, Naples, Florida 34113 A Stipulation was agreed to by Respondent. James Clay. on behalfofhis wife, Patricia Clay, and himself on July 18, 2007. Investigator Sorrels stated the violations 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 alleged violation(s). The Respondents were ordered to pay a civil penalty of $1 00. 00, and Operational Costs in the amount of $220. 60 incurred during the prosecution of this case on or before August 20, 2007. 20. Case # 2007050930 - BCC vs. Gabriel Castillo The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was present. Mr. Ray Trevino served as interpreter for the Respondent. Violation(s): Ordinance 04-41, as amended, Section 2.02.00(A) Unlicensed vehicle parked on residentially-zoned property Address of violation: 5320 Georgia Avenue, Collier County A Stipulation was agreed to by the Respondent. 3 July 20, 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 and affIX a current license plate to each vehicle, or to store the vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before July 23, 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 20,2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 14. Case # 2007030714- BCC vs. Jorl!e Calzada and Ana ESQuiiarosa The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent, Jorge Calzada, had been present earlier and 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), JO.02.06(B)(I)(E), and 10.02.06(B)(I)(E)(I) Un-permitted fence Address ofyiolation: 12196 Fuller Lane, Naples, Florida 34113 A Stipulation was agreed to by the Respondent, Jorge Calzada, on behalf of the Respondent, Ana Esquijarosa, and himself Investigator Sorrels stated the Respondent signed the Stipulation but elected not to remain for the Hearing. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to either remove the entire fence from the property on or before August 3, 2007, or to obtain all required permits, inspections and a Certificate of Completion for repairs to the fence on or before September 20,2007, or afine of $200. 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. The Respondents were ordered to pay Operational Costs in the amount of $226.95 incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notify the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 15. Case # 2007050762 - BCC vs. Linnette Powell The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondent was also present. Violation(s): Ordinance 04-41, as amended, Section 2.01.00(C) Commercial vehicles/equipment in residential area 4 July 20,2007 Address of violation: 5214 Gilchrist Street, Naples, Florida 34113 A Stipulation was agreed to by the Respondent. The Investigator stated "for the record' that the violation(s) 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 wasfound GUILTY of the alleged violation(s). The Respondent was ordered to pay Operational Costs in the amount of $220.77 incurred during the prosecution of this case on or before August 20,2007. 23. Case # 2007030312 - BCC vs. Geor!!e Williams The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 05-44, Sections 6, 7, and 8 Litter Address of violation: 2620 nod A venue NE, Collier County A Stipulation was agreed to by the Respondent. The Investigator stated Stipulation's request for assistance from the Collier County Sheriffs Department was precautionary. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove allUUer from the property on or before July 27,2007, or afine of$IOO.OO 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 was unable to comply by July 27,2007, the County would be authorized to abate all violation(s) by contractor bid-out and to assess the costs to tlte Respondent. If necessary, the County is authorized to ask for assistance from the Sheriff's Department to execute this Order. The Respondent was ordered to pay Operational Costs in the amount of$250.I I incurred during the prosecution of this case on or before August 20, 2007. The Respondent was ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 10. Case # 2007040674 - BCC vs. Charles I. Gable.lII, & Christine R. C1avelin-Gable The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. Respondent, Charles I. Gable, III, was present Violation(s): Ordinance 04-41, as amended, Section 2.01.00(A) Inoperable/untagged vehicles Address of violation: 5348 Caldwell Street, Naples, Florida 34113 5 July 20,2007 A Stipulation was agreed to by the Respondent. Charles 1. Gable, Ill, on behalf of Christine R. Gable, his wife. and himself The Investigator stated "for the record" that the violation had been abated. Finding the Notice of Hearing was properly served, and finding the violation(s) did exist but were CORRECTED prior to today's Hearillg, the Respondents were found GUILTY of the alleged violation(s). The Respondents were ordered to pay Operational Costs in the amount of $220.77 illcurred durillg the prosecution of this case 011 or before August 20,2007. 11. Case # 2007040675 - BCC vs. Charles L. Gable. III. & Christine R. Claveline-Gable The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. Respondent, Charles L. Gable, III, was present Violation(s): Ordinance 05-44, Sections 6 and 7 Unlawful liller, prohibited accumulation ofliller Address of violation: 5348 Caldwell Street, Naples, Florida 34] 13 A Stipulation was agreed to by the Respondent, Charles 1. Gable, III, on behalfof Christine R. Gable, his wife, and himself. The Investigator stated "for the recore!' that the violation had been abated. Finding the Notice of Hearing was properly served, and finding the violations(s) did exist but were CORRECTED prior to today's Hearing, the Respondents were found GUILTY of the alleged violation(s). The Respondents were ordered to pay Operational Costs in the amount of $226.70 incurred during the prosecution of this case on or before August 20,2007. 18. Case # 2007050829 - BCC vs. James Stockner. Jr.. and Roberta Stockner The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Roberta Stockner, had been present earlier and entered into a Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 04-4], as amended, Section 4.05.03(C) Multiple vehicles parked on front/rear yard Address of violation: 544] Calls Street, Collier County A Stipulation was agreed to by the Respondent, Roberta Stockner, on behalf of her husband, James Stockner, Jr.. and herself. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to remove all vehicles 6 July 20, 2007 from the property and to park them on a stabilized pervious or imperviously-treated surface on or before July 23,2007, 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 Respondents were ordered to pay Operational Costs in the amount of $253. 85 incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notify the Investigator within 24 hours of a work day to concur the violation(s) had been abated. V. PUBLIC HEARINGS B. Hearin!!s: 1. Case # SO 153467 - BCC vs. Don Wa!!ner The Special Magistrate noted that neither a representative from the Collier County Sheri ff' s Department nor the Respondent were present. Finding that proper service had not been given, the Special Magistrate CONTINUED this case. The Special Magistrate noted "for the record" that all parties will receive proper notice of the date of the rescheduled hearing. 3. Case # SO 146235 - BCC vs. Sabrina A. Linden The Special Magistrate noted that neither a representative from the Collier County Sheriff's Department nor the Respondent were present. Finding that proper service had not been given, the Special Magistrate CONTINUED this case. The Special Magistrate noted "for the record" that all parties will receive proper notice of the date of the rescheduled hearing. 4. Case # SO 135517 - BCC vs. Kevin Leo Bur!!ert The Special Magistrate noted that no representative from the Collier County Sheriffs Department was present. The Respondent was represented by his attorney, David Agin, Esq. Attorney Agin requested that this case be dismissed. Finding the Notice of Hearing had been properly served, the Special Magistrate DISMISSED this case. 5. Case # CO 4043 (2007020495) - BCC vs. Private Car Luxurv Transportation. Inc.. c/o Ralph Marchione. Re!!istered A!!ent The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Michaelle Crowley was also present. 7 July 20, 2007 Violation(s): Chapter 142, Code of Law and Ordinances, and Ordinance l43-58(F)(3), and Ordinance l42-55(A) Operated a vehicle-for-hire service without a then-effective PV AC Certificate to operate; failed to renew the Certificate to Operate prior to expiration The Respondent stated that he was the owner of the company as well as the Registered Agent. He further stated he received the Citation approximately 44 days after he had renewed the Certificate to Operate. Investigator Crowley stated if the Certificate to Operate was not renewed on time or if Code Enforcement was not notified of the company's intention to discontinue operation, the violation of the Ordinance was considered to be automatic. 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 cMlfine of $250.00, together with a citation fee of $5. 00, on or before August 20,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 6. Case # CO 4383 (2007050744) - BCC vs. Dennis Zak The Hearing was requested by the Respondent who was not present. Code Enforcement Investigator Kitchell Snow was present. Violation(s): Code of Laws and Ordinance 142, Sections 142-5 I (A) and 142-58(F)(3) Making passenger pick-up within Collier County without first obtaining A valid PV AC Certificate to Operate Investigator Snow stated there were no decals on the Respondent's vehicle. 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 cMlfine of $I,OOO.OO in addition to a citation fee of $5. 00 on or before August 20,2007, 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 August 20,2007. 7. Case # CO 4384 (2007050749) - BCC vs. Tim Beiin The Hearing was requested by the Respondent who was not present. Code Enforcement Investigator Kitchell Snow was present. Violation(s): Code of Laws and Ordinance 142, Sections 142-5l(A) and 142-58(F)(3) Operating a vehicle-for-hire, making passenger pick-up within Collier County without first obtaining a valid PV AC Certificate to Operate The Investigator stated he had contacted the Respondent twice to advise him of this Hearing. He further stated the Respondent had not provided proof the vehicle was insured or inspected. Finding the Notice of Hearing had been properly served, the Respondent was 8 July 20, 2007 found GUIL TY of the alleged violation(s) and was ordered to pay a civil fine of $I,OOO.OO in addition to a citation fee of $5. 00 on or before August 20,2007, 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 011 or before August 20,2007. 9. Case # 2007050860 - BCC vs. Sean Mitchell Barron The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ordinance 04-41, as abated, Section 4.05.03(A) Yehicles parked on grass in front yard Address of violation: 107 Pago Pago Drive W., Naples, FL 34113 The Investigator stated the Respondent was the sole owner of the property. She further stated that she received a telephone call from an individual claiming to be a friend of the Respondent and asking for a Continuance because he was still out of town. Investigator Sorrels noted this casc had previously been continued. The Special Magistrate DENIED the Request for a Continuance. The Investigator introduced three photographs which were marked as County Exhibit "A" (red car), Exhibit "B" (3 cars on grass) and Exhibit "c" (car on driveway) and admitted into evidence. The Investigator noted the other vehicles had been removed. Since this was a recurring violation and because the Respondent was not present, the Investigator stated her recommendations ':ror the record. " Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to cease all parking of any vehicle on an unstabilized surface, and was ordered to pay a civil penalty of $I 00. 00 on or before August 20, 2007 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$2I6.65 incurred during the prosecution of this case on or before August 20,2007. 12. Case # 2007050343 - BCC vs. David and Zenaida Falato The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondents were also present. Violation(s): Ordinance 04-41, as amended, Section 4.05.03(A) Vehicles parked on an unstabilized surface in back yard Address of violation: 130 Second Street, Naples, FL 34113 Investigator Sorrels stated she personally served the Notice ofYiolation on May 14, 2007 via "drop service" since the Respondent, David Falato, refused to sign. 9 July 20, 2007 The Investigator introduced four photographs which was marked as County Exhibit "A" (aerial photograph), Exhibit "B" (car/equipment), Exhibit "c" (Boat/trucks), Exhibit "D" (truck/trailer) and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to remove all vehicles from the property or to store them in a completely enclosed structure, and to only park vehicles on a stabilized surface on or before July 23, 2007, or a fine 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 Respondents were ordered to pay Operational Costs in the amount of $230.98 incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notify the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 13. Case # 2007050344 - BCC vs. David and Zenaida Falato The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondents were also present. Violation(s): Ordinance 04-41, as amended, Section 5.02.03(1) Outside storage of home occupational products and/or goods, Including a vending machine Address of violation: 130 Second Street, Naples, FL 34113 Investigator Sorrels stated she personally served the Notice of Violation on May 14, 2007 via "drop service" because the Respondent, David Falato, refused to sign. The Investigator introduced five photographs which was marked as County Exhibit "A" (vending machine on trailer), Exhibit "B" (blue tarp on vehicle), Exhibit "c" (Gatorade vending machine), Exhibit "D" (vending machine/paint buckets), Exhibit "E" (two vending machines) and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to remove all home occupational goods and products from the property or to store them in a completely enclosed structure on or before July 23, 2007, or afine of $I 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 Respondents were ordered to pay Operational Costs in the amount of $234.93 incurred during the prosecution of this case 011 or before August 20,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. RECESS: 11:08 AM RECONVENED: 11:25 AM ]0 July 20, 2007 V. PUBLIC HEARINGS B. Hearinl!s: 16. Case # 2007060226 - BCC vs. Bonnie Karen The Hearing was requested by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was also present. Violation(s): Ordinance 04-41, as amended, Section 2.01.00(B) Recreational vehicle in front yard Address of violation: 208 Cays Drive, Naples, Florida 34114 The Investigator stated this was a recurring violation and that a citation was issued on January 30, 2007. She introduced three photographs which were marked as County Exhibit "A" (photograph of boat), Exhibit "B" (photograph of another boat), Exhibit "c" and were entered into evidence. The Respondent stated her husband is a charter boat captain and that they have moved from this residence. She also stated the boat in Exhibit "B" was parked for a total of six hours while its trailer was being repaired. The Special Magistrate confirmed the violation(s) 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 Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine of $IOO.OO on or before August 20, 2007. The Respondents were ordered to pay Operational Costs in the amount of $239.73 incurred during the prosecution of this case on or before August 20,2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # 2006020362 - Marco Orbel!oso The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. Code Enforcement Investigator John Marsh was also present. The Respondent was present. The County requested payment of Operational Costs of$181.18, and fines of$3,400.00 for the period from May 20,2006 through July 27,2006 (68 days @ $50!day), and $18,150.00 for the period from August 6, 2006 through April 7, 2007 (242 days @ $75!day) for a total amount of$2l,731.18. ]1 July 20, 2007 The Respondent stated he wrote a letter, dated July 21, 2006, requesting an extension. A copy of his permit application was marked as Respondent's Exhibit "A" and entered into evidence. Also admitted as Respondent Exhibit "B" was his letter requesting an extension which was received by Shirley Garcia, former Secretary to the Special Magistrate. The Respondent stated he applied to the County for a permit in May, 2006, but it was not issued until July 28,2006 due to heavy volume. He asked for a reduction in the total amount of the fines assessed due to the fact that he is currently on disability and unable to work. The Respondent further stated the violation had been abated. Supervisor Sykora stated the County was not opposed to a reduction of the fine. The Special Magistrate GRANTED the County's motion for the imposition of fines, but, due to mitigating circumstances, reduced the total amount of the fines to a total of$68I.I8 ($500 plus Operational Costs). The Respondent was ordered to pay this fine immediately, or the County would proceed with enforcement of the lien on October 20,2007. 3. Case # 2007030478 - Satrice Metelus The County was represented by Collier County Code Enforcement Supervisor, Carol Sykora. Code Enforcement Investigator Thomas Keegan was present. The Respondent was also present. The County requested payment of Operational Costs of $246.18, and fines of $2,000.00 for the period from June 9, 2007 through July 19, 2007 (40 days @ $50/day), for a total amount of$2,246.18. Investigator Keegan introduced two photographs which were marked as County Exhibit "A" (boat), and Exhibit "B" (destroyed boat) and entered into evidence. The Respondent stated he destroyed the boat because he couldn't find anyone to help him move it. The Special Magistrate ordered that, due to the confusion regarding the amount of delay, the accruing fines would be stayed until July 25, 2007 to allow the Respondent to remove the debris. If the Respondent has not removed the debris on or before July 25, 2007, the County would be authorized to abate the violation by contractor bid-out and to assess the cost to the Respondent. At the time, fines will resume accruing. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $2,246. I8 (including Operational Costs). The Respondent was ordered to pay this fine on or before October 20, 2007, or the County would proceed with enforcement of the lien. V. PUBLIC HEARINGS B. Hearinl!s: 12 July 20, 2007 19. Case # 2007051053 - BCC vs. Thomas J. Zenz and Susan L. Zenz The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): Ordinance 04-41, as amended, Section 4.05.03(A) Multiple vehicles parked on the front/rear yard Address of violation: 5353 Broward Street, Collier County The Investigator introduced four pages of photographs which were marked as Composite County Exhibit "A" and introduced into evidence. The Notice of Posting was marked as County Exhibit "8" and was introduced into evidence. 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 penalty of $250.00 on or before August 20,2007, and the Respondents were ordered to remove all vehicles from the property or to store them in a completely enclosed structure on or before July 23,2007, or afine of $50. 00 per day per vehicle would be imposedfor each day the violation(s) remained thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs in the amount of$26I.5I incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 21. Case # 2007030265 - BCC vs. Ricardo Montpelier Acosta The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who were present. The Respondent was not present. Violation(s): Ordinance 03-14, as amended, Section 7(2) No addressing on structure or mailbox Address of violation: 187551" Street SW, Collier County The Investigator introduced several pages of photographs which were marked as Composite County Exhibit "A" and introduced into evidence. The Notice of Posting was marked as County Exhibit "B" and was introduced 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 affIX appropriately- sized numbers (a minimum of 4" high and visible from the street) to the structure on or before July 23,2007, 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 $269.9 I incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 13 July 20, 2007 22. Case # 2007030266 - BCC vs. Ricardo Montpelier Acosta The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who were present. The Respondent was not present. Violation(s): Ordinance 04-41, as amended, Section 5.03.02 A(3) Damaged fence Address of violation: 187551" Street SW, Collier County The Investigator introduced several photographs of the damaged fence which were marked as Composite County Exhibit "A" and introduced into evidence. The Investigator stated he posted the property posted on March 30, 2007 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to either restore or repair the ell tire fence on or before July 27,2007, or to obtain all required permits, inspections and a Certificate of Completion to demolish the fence 011 or before August 20,2007, or a fine of $25. 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. The Respondent was ordered to pay Operatiollal Costs in the amount of$267.69 incurred during the prosecutioll of this case on or before August 20,2007. The Respolldent was ordered to 1l0tifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 24. Case # 2007070378 - BCC vs. Henrv Tesno and Jill Weaver This case was requested to be heard on an EMERGENCY BASIS by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ordinance 04-58, Sections 6, Subsections I and 2 Public health and safety issue: no water service to premises Address of violation: 3140 Van Buren Avenue, Naples, Florida 34112 A complaint was made concerning the lack of water service. The Investigator conducted a site visit on July 12,2007 and confirmed that all water service had been shut off. He notified the property manager who informed him the property owners were out of town. The Investigator introduced a copy of the Work Order for the Utilities Department of the City of Naples which was as County Exhibit "A" and introduced into evidence. The Investigator stated the Work Order authorized the removal of the water meter on July 18, 2007. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to were ordered to restore water service to the property on or before July 23, 2007, or to immediately vacate and secure the property until water service was restored or afine of $500.00 per day would be imposed commencing July 24, 2007 for each day the violation(s) remained thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 14 July 20, 2007 Respondents were further ordered to pay a civil penalty of $5,000. 00 on or before August 20,2007. The Respondents were ordered to pay Operational Costs in the amount of$267.95 incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. 25. Case # 2007070379 - BCC vs. Henrv Tesno and Jill Weaver This case was requested to be heard on an EMERGENCY BASIS by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ordinance 04-58, Sections 6, Subsections I and 2 Public health and safety issue: no water service to premises Address of violation: 3132 Van Buren Avenue, Naples, FL 34112 The Investigator made a site visit on July 12,2007 and was informed by the tenants of3140 Van Buren Avenue that the tenants of3132 Van Buren Avenue were illegally obtaining water from them, and that water service has been turned off to both addresses. The Investigator introduced a copy of the Work Order for the City of Naples Utilities which was as County Exhibit "A" and introduced into evidence. The work order authorized the removal of the water hose from this premises. Finding the Notice of Hearing had been properly served, the Respondents were found GUlL TY of the alleged violation(s) and were ordered to were ordered to restore water service to the property on or before July 23, 2007, or to immediately vacate and secure the property until water service was restored or afine of $500.00 per day would be imposed commencing July 24, 2007 for each day the violation(s) remained thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Respondents were ftlrther ordered to pay a civil penalty of $5,000.00 on or before August 20,2007. The Respondents were ordered to pay Operational Costs in the amount of$267.95 incurred during the prosecution of this case on or before August 20,2007. The Respondents were ordered to notifY the Investigator within 24 hours of a work day to concur the violation(s) had been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case # CO 4034 (2006120729) - AIIi!!ator Allev Express. LLC, David Brown, Rel!istered Al!ent The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was not present. The County requested assessment of Operational Costs in the amount of $50.00 and 15 July 20, 2007 fines in the amount of$I,005.00, for a total amount of$1,055.00. Collier County Code Enforcement Investigator Michaelle Crowley stated she has no Information concerning the location of the Respondent, and that the company is not operating at the present time. Assistant County Attorney Jeff Wright asked that this case be WITHDRA WN without prejudice. The Special Magistrate GRANTED the County's Motion to Withdraw. 5. Case # 2005100776 - Elaine Deloris Choice The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was not present. Supervisor Sykora stated the Special Magistrate issued an order March 17,2006 in this case. The daily rate was imposed at $500 per day due to the serious nature of the violations which represented a serious health and safety issues: faulty septic system. The County requested payment of Operational Costs in the amount of $254.09 and assessment of fines of$191,000.00 from April 1,2006 through April 18,2007 (382 days @ $500/day), for a total of$191,254.09. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount to $I9I,254.09 (including Operational Costs). The Respondent was ordered to pay this fine on or before October 20, 2007, or the County would proceed with enforcement of the lien. 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 -August 3,2007 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Magistrate at 1 :07 PM. 16 July 20, 2007 COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 17