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CESM Minutes 08/17/2007 August 17, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 17,2007 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, and the following persons were 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: August 17, 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 MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - August 3, 2007 IV. MOTIONS A. Motion to Amend the Order 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2004060665 JEAN CLAUDE MARTEL INV. THOMAS KEEGAN ORD. 99-51 SEC. 7 LITTER VIOLATION ADDRESS: 3000 KAREN DR V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080044 JEAN CLAUDE MARTEL INV. THOMAS KEEGAN ORD. 05-44 SEC. 6,7.8 REPEAT VIOLATION OF LITTER VIOLATION ADDRESS: 3205 KAREN DR 2. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 146235 SABRINA A. LINDEN DEP. LEWIS #2900 ORD. SEe. 130-67 PARKED IN HANDICAPPED SPACE. VIOLATION ADDRESS: 4849 GOLDEN GATE P ARKW A Y IN PARKING LOT 3. CASE NO: SO 153467 OWNER: DON WAGNER OFFICER: CPL. V. SPARACINO VIOLATIONS: ORD. SEe. 130-66 PARKED ON COUNTY RIGHT OF WAY. VIOLATION ADDRESS: SOUTHBA Y DRIVE & GULFSHORE COURT 4. CASE NO: SO 161942 OWNER: BARBARA A. HEDGEPATH OFFICER: DEP. KENNETH ROBINS VIOLATIONS: ORD. SEe. 130-66 (1 )(H) HANDICAPPED SPACE; STRIPED ACCESS VIOLATION ADDRESS: RIVER CHASE PUBLIX 5. CASE NO: PR 394 OWNER: JAMES R. FREUDENBERG OFFICER: PARK RANGER NORMAN SKINNER VIOLATIONS: ORD. SEC. 130-66 FAILURE TO DSPLA Y PAID PARKING RECEIPT VIOLATION ADDRESS: BAREFOOT BEACH ACCESS 6. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11326 THROUGH DAS 11350 HARSH SHARMA OFC. ANITA MARTINDALE SEe. 14.36 A(1O)( C) TO ALLOW LIVESTOCK TO RUN AT LARGE VIOLATION ADDRESS: 3100 NORTH ROAD 7. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3076 FLORIDA HOMES OF COLLIER INN INV. ALBERTO SANCHEZ ORD. 02-17 SEe. 5, 5.4 ILLEGAL IRRIGATION VIOLATION ADDRESS: 12825 COLLIER BOULEVARD 8. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3011 RUBY MERIWEATHER INV. ALBERTO SANCHEZ ORD. 02-17 SEe. 5, 5.4 ILLEGAL IRRIGATION VIOLATION ADDRESS: 3290 POTOMAC COURT 2 14. 9. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 2970 STEPHEN R. PYATTE & COURTNEY A. PYATTE INV. ALBERTO SANCHEZ ORD. 02-17 SEe. 5, 5.4 ILLEGAL IRRIGATION VIOLATION ADDRESS: 1048 SUMMERFIELD DRIVE 10. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 2969 1 PU 3007 WILLIAM A. SWEENEY & BRENDA M. SWEENEY INV. ALBERTO SANCHEZ ORD. 02-17 SEe. 5, 5.4 ILLEGAL IRRIGATION VIOLATION ADDRESS: 2260 VALENCIA LAKES CIRCLE 11. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 2468 1 PU 2971 MANUEL LANDlV AR & ROSARIO FATIMA DE LANDlV AR 1NV. ALBERTO SANCHEZ ORD. 02-17 SEe. 5, 5.4 ILLEGAL IRRIGATION VIOLATION ADDRESS: 3438 ALLEGHENY COURT 12. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 535 JASON KENDRICK & MELISSA KENDRICK INV. JEREMY FLORIN ORD. 02-17/90 SEC(S). 5.4/125 ILLEGAL IRRIGATION. COUNTY DRY DAY. VIOLATION ADDRESS: 647 Il0TH AVENUE N 13. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 2974 CHRISTOPHER MERILIEN & ROSELINE PETIT BO INV. JEREMY FLORIN ORD. 05-44 SEe. 5,6,7.8 LITTER VIOLATION ADDRESS: 2000 50TH TERRACE SW CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: CO 4304 2007060356 MICHELE COVIELLO INV. GLENN KARR ORD. 02-17 SEe. 5.4 ILLEGAL IRRIGATION 172 WICKLIFFE DRIVE 3 15. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 2931 DONA G. WELLER INV. MICHAELLE CROWLEY ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: SOUTHWEST CORNER OF LOGAN BLVD AND LANCEWOOD WAY 16. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 4110 DONALD J. HOUK INV. AZURE SORRELS ORD. SEC. 130-66 PARKING IN AN UN LA WFUL AREA VIOLATION ADDRESS: 500 BLOCK SOUTHWEST BLVD EASTSIDE OF STREET 17. CASE NO: CE 2562 OWNER: JOHN A. LANDI OFFICER: INV. JOHN MARSH VIOLATIONS: ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: 1373 SERRANO CIRCLE 18. CASE NO: CE 2563 OWNER: LORI L. LANDI OFFICER: INV. JOHN MARSH VIOLATIONS: ORD. SEe. l30-66(1)(F) PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: 1373 SERRANO CIRCLE 19. CASE NO: CE 3346 OWNER: VICKI L. GRIESER OFFICER: INV. STEPHEN ATHEY VIOLATIONS: ORD. SEe. 130-66(1)(F) PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: 97TH A VENUE 20. CASE NO: 2007040391 OWNER: CYNTHIA S. BELL OFFICER: INV. GLENN KARR VIOLATIONS: ORD. 03-37 SEe. 5 RIGHT OF WAY PERMITS VIOLATION ADDRESS: 1460 14TH AVE N 4 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: 2006040682 OWNER: JEAN CLAUDE MARTEL OFFICER: INV. JEFF LETOURNEAU VIOLATIONS: ORD. 04-58 SEe. 6 SUBSEC. l2B, 121, l2N,& 19A MINIMUM HOUSING VIOLATION ADDRESS: 3000 KAREN DR 2. CASE NO: 2005120042 OWNER: WINDLE F. CLARK OFFICER: 1NV. CAROL SYKORA VIOLATIONS: ORD. 04-41 SEe. 4.05.03 TWO VEHICLES PARKED ON SIDE OF HOUSE VIOLATION ADDRESS: 660 PINE V ALE DRIVE 3. CASE NO: 2005120045 OWNER: WINDLE F. CLARK OFFICER: INV. CAROL SYKORA VIOLATIONS: ORD. 99-51 SEe. 6 ACCUMULATION OF LITTER ON PROPERTY VIOLATION ADDRESS: 660 PINE V ALE DRIVE 4. CASE NO: 2005080205 OWNER: MAGDELENE 1. BRUCE OFFICER: INV. CAROL SYKORA VIOLATIONS: ORD. 92-80 & 97-35 SEe. 4.0503 FAILURE TO REMOVE VEHICLE FROM BACKYARD VIOLATION ADDRESS: 2710 48TH TERRACE SW 5. CASE NO: 2005110434 OWNER: MELQUIADES R. BUCKOW OFFICER: INV. CAROL SYKORA VIOLATIONS: ORD. 04-41 SEe. 1.04.01 UNLICENSED/INOPERABLE VEHICLE ON PROPERTY VIOLATION ADDRESS: 6461 BOTTLEBRUSH LANE 6. CASE NO: 2005040533 OWNER: MEREST EXILHOMME & VENITE EDUOARDO OFFICER: INV. CAROL SYKORA VIOLATIONS: ORD. 04-41 SEC. 1.04.01 & 2.01.00 UNLICENSED/1NOPERABLE VEHICLE VIOLATION ADDRESS: 8485 BA YSHORE DR 5 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005070279 ROBERTO CONTI & GERARDA DAIDONE INV. CAROL SYKORA ORD. 04-41 SEe. 2.01.00 COMMERCIAL TRAILER PARKED IN DRIVEWAY VIOLATION ADDRESS: 437 FOREST HILLS BLVD VII. OLD BUSINESS VIII. CONSENT AGENDA IX. REPORTS X. NEXT MEETING DATE: September 7, 2007 XI. ADJOURN 6 August 17, 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 the proceeding did so under oath. A. Hearing Rules and Regulations were giveu 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 followiug cases were WITHDRAWNby the County due to payment of fines: . Case # 2005080205 - BCC vs. Magdelene J. Bruce · Case # 2005070279 - BCC vs. Roberto Conti & Gerarda Daidone (b) Under Item IV, "Motions," the County added "B. - Motions for Continuance." (c) Under Item VIII, "Consent Al!enda," the County added "A. - Request for Foreclosure - Collection Authorization." (d) Motions for Continuance were requested in the following cases: . Case #SO 161942 -BCC vs. Barbara A. Hedgepath . Case # PR 394 - BCC vs. James R. Freudenberg . Case # PU 2970 - BCC vs. Stephen R. Pyatte & Courtney A. Pyatte · Case # PU 535 - BCC vs. Jason Kendrick & Melissa Kendrick . Case # PU 2974 - BCC vs. Christopher Merilien & Roseline Petit Bo · Case # CO 4304 (2007060356) - BCC vs. Michele Coviello 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 August 3,2007 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion to Amend the Order RE: Case # 2004060665 - BCC vs. Jean Claude Martel Violation(s): Ord. 99-5] Sec. 7 2 August 17, 2007 Litter Address of violation: 3000 Karen Drive The Special Magistrate noted there were two other cases for this Respondent in addition to the Motion to Amend the Order and all three cases would be heard. Collier County Code Enforcement Investigator Thomas Keegan was present. The Respondent was also present. (1) In Case # 20060400682 -BCC vs. Jean Claude Martel (under "Motion for Imposition of Fines") The County requested a Continuance. Violation(s): Ord. 04-58 Sec. 6 Subsec. 12B, 121, 12N and 19A Minimum housing Address of violation: 3000 Karen Drive The Special Magistrate GRANTED the County's Motion for a Continuance. (2) In Case # 2004060665 - BCC vs. Jean Claude Martel (under "Motion to Amend the Order") The County requested that the Order is amended to allow the County to abate the litter violations at the property located at 3000 Karen Drive, and to charge the cost for the abatement to the Respondent. The County also requested the Order allow the County to ask for assistance from the Sheriff's Department if necessary. Violation(s): Ord. 99-51 Sec. 7 Litter Address of violation: 3000 Karen Drive The Special Magistrate GRANTED the County's Motion and stated the Order shall be amended to allow the County to abate the violation and charge the cost to the Respondent and to ask for assistance from the Sheriff's Department, if necessary, to enforce the Order. (3) In Case # 2007080044 - BCC vs. Jean Claude Martel (under "Hearings) Violation(s): Ord. 05-44 Sec. 6, 7, 8 Repeat violation of litter Address of violation: 3205 Karen Drive Investigator Thomas Keegan stated in addition to the litter, there was also a mobile home on the premise which was being used to store debris. The Investigator introduced photographs which were marked as Composite County Exhibit "A" and entered into evidence. 3 August 17, 2007 The Special Magistrate noted the Respondent is incarcerated. The Respondent stated he hoped to be released by August 20,2007, but was not positive. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s} and was ordered to remove all items of litter noted on the Notice of Violation, including the mobile home and items under the pole barn, before September 4,2007, 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 is unable to comply, the County will abate the violations by contractor bid-out and to assess the cost to the Respondent. The County may request assistallce from the Sheriff's Department, if necessary, to enforce the Order. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $225.22 on or before September 17,2007. The Special Magistrate requested the County use diligence in starting abatement procedures on September 4th in order to keep the daily fine to a minimum. IV. MOTIONS B. Motion for Continuance: 4. Case # SO 161942 - BCC vs. Barbara A. Hedl!eDath Collier County Sheriffs Department Deputy Kenneth Robins was not present. The Respondent was not present. Violation(s): Ord. Sec. 130-66(l)(H) Handicapped space; striped access Address of violation: River Chase Publix Arlene Harper, Code Enforcement Administrative Secretary, stated Deputy Robins had called Code Enforcement to request a Continuance due to medical reasons. The Special Magistrate GRANTED the County's Motion for a Continuance. 5. Case # PU 394 - BCC vs. James R. Freudenberl! The Hearing was requested by Collier County Park Ranger Norman Skinner who was not present. The Respondent was present. Violation(s): Ord. Sec. 130-66 Failure to display paid parking receipt Address of violation: Barefoot Beach access Arlene Harper, Code Enforcement Administrative Secretary, stated Park Ranger Skinner had requested a Continuance due to illness. 4 August 17, 2007 The Respondent stated he had a parking receipt and presented the document to the Special Magistrate. The Special Magistrate asked if the receipt had been displayed. The Respondent stated the receipt had been displayed on the passenger's side of the car, not on the driver's side which was the correct location. The Special Magistrate DENIED the Request for a Continuance. Finding the Notice of Hearing had been properly served, the Respondent was found NOT GUILTY of the alleged violation(s). 9. Case # PU 2970 - BCC vs. Stephen R. Pvatte & Courtnev A. Pvatte The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondents were not present. Violation(s): Ord. 02-17 Sec. 5, 5.4 lllega] irrigation Address of violation: ]048 Summerfield Drive A written Request for a Continuance had been submitted by the Respondents. The Investigator stated the County was opposed to granting a Continuance since the issue concerned public health and safety. The Special Magistrate stated the Investigator, as a Supervisor, had the authority to withdraw the Request. The Request for a Continuance was WITHDRA WN by the County. 12. Case # PU 535 - BCC vs. Jason Kendrick & Melissa Kendrick The Hearing was requested by Collier County Public Utilities Investigator JeremyF]orin. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondents were not present. Violation(s): Ord. 02-17/90 Sec. 5.4/125 Illega] irrigation, County dry day Address of violation: 647 llD'h Avenue N. Respondent, Jason Kendrick, had submitted a written Request for a Continuance. The Special Magistrate read portions of the Respondent's letter into the record: "1 was working on the irrigational system to get everything working properly for the Wells' Termite and Pest Control Company. They were scheduled to spray my yard the velY next day and 1 needed to 5 August 17, 2007 fix two broken irrigation heads. Your website states that 1 am able to run each zone for ten minutes per week for fzxing and maintaining existing irrigation systems. 1 was outside when the issuing officer wrote the ticket. 1 even spoke to him. " Investigator Addison stated the County had no objection to granting the request. The Special Magistrate GRANTED the Request for a Continuance. 14. Case # CO 4304 (2007060356) - BCC vs. Michelle Coviello The Hearing was requested by Collier County Code Enforcement Investigator Glenn Karr who was present. The Respondent was not present. Violation(s): Ord. 02- 17 Sec. 5.4 Illegal irrigation Address of violation: 172 Wickliffe Drive The Special Magistrate stated the Respondent had submitted a written Request for a Continuance. The Special Magistrate read portions of the Respondent's letter into the record: "...there was a six-hour power outage before the violation which made the timer on the sprinkler turn the water on the next day at the wrong time. 1 was unaware of it until 1 came home. 1 fzxed it immediately. My neighbor was there when the ofjicer was at the property and told him of the power outage, but he stilllefi the ticket. " The Investigator stated the letter was accurate, and that he had just finished issuing the Citation when the neighbor told him about the power outage. The Investigator said the County would not be opposed to dismissing the Citation. Finding the Notice of Hearing had been properly served; the Special Magistrate DISMISSED the Citation. 13. Case # PU 2974 - BCC vs. Christopher Merilien & Roseline Petit Bo The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondents were not present. Violation(s): Ord. 05-44 Sec. 5, 6, 7, 8 Litter Address of violation: 2000 50th Terrace SW The Investigator stated the County was requesting a dismissal of the Citation because 6 August 17, 2007 the Respondents did not receive due process. The Special Magistrate GRANTED the County's Requestfor a Dismissal. V. PUBLIC HEARINGS A. Stipulations: 20. Case # 2007040391 - BCC vs. Cvnthia S. Bell The Hearing was requested Collier County Code Enforcement Investigator Glenn KaIT who was present. The Respondent was also present. Violation(s): Ord. 03-37 Sec. 5 Right of way permits Address of violation: 1460 14th Avenue N. A Stipulation had been agreed to by the Respondent. The Investigator stated violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but had been CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the alleged violation(s). The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $261. 79 on or before September 17, 2007. 15. Case # CE 2931 - BCC vs. Dona G. Weller The Hearing was requested Collier County Code Enforcement Investigator MichaeIle Crowley who was present. The Respondent was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area Address of violation; SW Comer of Logan Blvd/Lancewood Way A Verbal Stipulation had been agreed to by the Respondent. The Investigator stated the Respondent agreed to pay the fine but wished to address the Court concerning the amount to be assessed. The Respondent stated she had been trying to seIl a car and was unaware of the parking restrictions. She also stated that paying the fine, in addition to Operational Costs, would be a financial hardship for her due to her recent reduction in salary. Finding the Notice of Hearing had been properly served, and finding the violation did exist but had been CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of$30.00 on or before 7 August 17,2007 October 17, 2007. The Operational Costs were waived. 7. Case # PU 3076 - BCC vs. Florida Homes of Collier Inn The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondent's representative had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 02-17 Sec. 5, 5.4 lllegal irrigation Address of violation; 12825 Collier Boulevard A Stipulation had been agreed to by George M Schmaeling on behalf of Respondent. The Special Magistrate asked the Investigator for the record why an additional $5.00 fee had been assessed. Arlene Harper, Code Enforcement Administrative Secretary, stated the additional fee was an administrative/citation fee. The Special Magistrate suggested a change from "Inn" to "Inc." which was more appropriate for a business entity. The Investigator stated the Stipulation had been entered into by George M. Schmaeling as the owner of the company, Florida Homes of Collier, Inc. 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 September 17, 2007, unless altered by a subsequellt Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amountof$50.00 on or before September 17, 2007. 11. Case # PU 2468 and PU 2971- BCC vs. Manuel Landivar & Rosario Fatima de Landivar The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondents' representative had been present earlier and entered into a Stipulation but left before the Hearing could be heard. Violation(s): Ord. 02- 17 Sec. 5, 5.4 Illegal irrigation Address of violation: 3438 Allegheny Court A Stipulation had been agreed to on behalf of Respondents by Pierre Fregeau. 8 August 17, 2007 The Investigator stated Mr. Fregeau was the Respondents' brother-in-law and was taking care of the Respondents' home while they were in Bolivia. The Investigator further stated Mr. Fregeau agreed to pay both Citations on behalf of the Respondents. Finding the Notice of Hearing had been properly served, the Respondents were found GUlL TY of the alleged violation(s) and were ordered to pay civil fines in the total amount of$! 50.00 ($75.00 for each Citation), together with a citation fee of $5.00, on or before September 17,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amountof$50.00 on or before September 17,2007. V. PUBLIC HEARINGS B. Hearinl!s: 2. Case # SO 146235 - BCC vs. Sabrina A. Linden The Hearing had been requested by the Respondent who was not present. Collier County Sheriffs Department Deputy Lewis was present. Violation(s): Ord. Sec. 130-67 Parked in handicapped space Address of violation: 4849 Golden Gate Parkway in parking lot The Deputy presented a photograph on his digital camera which the Special Magistrate reviewed. The Special Magistrate stated the car was parked in the "access area" adjacent to the handicapped parking space (indicated by white lines). 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 in the amount of$250.00 on or before September 17, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before September 17,2007. 3. Case # SO 153467 - BCC vs. Don Wal!ner The Hearing had been requested by the Respondent who was present. Collier County Sheriffs Department Corporal V. Sparacino was also present. Violation(s): Ord. Sec. 130-66 Parked on County right of way Address of violation: Southbay Drive and Gulfshore Court The Respondent stated the area where he parked was not identified by any "no parking" 9 August 17,2007 SignS. He agreed to pay the fine but asked for a reduction of the Operational Costs. The Investigator agreed to waive payment of the Operational Costs. 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 in the amount of$30.00 on or before September 17, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Operational Costs were waived. 6. Case # DAS 11326 throul!h DAS 11350 - BCC vs. Harsh Sharma The Hearing had been requested by the Respondent who was not present. Collier County Department of Animal Services Investigator Anita Martindale was present. Violation(s): Ord. 14.36 A(10)(C) To allow livestock to run at large Address of violation: 3100 North Road The Investigator stated the Respondent had repeatedly ignored all warnings and requests to contain his animals by repairing the holes in his fence. The Investigator stated the goats destroyed vegetation at the next-door property, Rock Creek Campground. The Investigator stated this has been an on-going problem. She further stated the Respondent's property had been posted. Due to the recurring nature of the problem and the number of citations (25), the Investigator asked the Special Magistrate to assess higher fines. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay civil fines in the amount of $2,500. 00 (25 Citations@$100.00perCitation), together with citation fees in the amount of $175.00 (25 Citations @ $7.00 per Citation) on or before September 17,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$2,500.00 on or before September 17,2007. RECESS: 10:45 AM RECONVENED: 11:06 AM V. PUBLIC HEARINGS B. Hearinl!s: 17. Case # CE 2562 - BCC vs. John A. Landi and 18. Case # CE 2563 - BCC vs. Lori L. Landi The Hearing was requested by the Respondents who were present. Collier County Code Enforcement Investigator John Marsh was also present. ]0 August 17,2007 Violation(s): (CE 2562) Ord. Sec. 130-66 Parking in an unlawful area Violation(s): (CE 2563) Ord. Sec. 130-66(1)(F) Parking in an unlawful area Address of violation (CE 2562 and CE 2563): 1373 Serrano Circle The Respondents stated their development is under construction as is their home. Respondent John Landi's vehicle was parked partially on the driveway and partially on the yard because a Contractor's vehicle was already in the driveway. The Respondent introduced a photograph of his vehicle which was marked as Respondent's Exhibit" 1" and entered into evidence. Respondent Lori Landi stated the Developer's sales office had advised the residents to park in their own driveways regardless ofwhether or not the driveway of a neighboring vacant house was available. She stated she parked her vehicle on the street in order to allow access for the Contractor to leave when he was finished. Investigator Marsh presented a packet of six documents, in CE 2562 and CE 2563, which were each marked as: "A" - County composite: 3 photographs "B" - copy of plat map showing right-of-way "c" - aerial photograph of the property "D" - Affidavit of Posting "E" - Notice of Hearing "F" - photograph of posting at the Courthouse and admitted into evidence. The Investigator stated the Respondent John Landi could have moved his vehicle further into the driveway so as not to block the sidewalk. He further stated Respondent Lori Landi's vehicle was parked in the wrong direction on the street. The Special Magistrate determined that Respondent Lori Landi's vehicle did not obstruct the flow of traffic. Finding the Notice of Hearing had been properly served in Case # CE 2563, the Respondent was found NOT GUILTY of the alleged violation(s). Finding the Notice of Hearing had been properly served in Case # CE 2562, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay a civil fine in the amount of$30.00 on or before September 17,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before September 17,2007. 19. Case # CE 3346 - BCC vs. Vicki L. Grieser The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Stephen Athey was also present. 11 August 17, 2007 Violation(s): Ord. Sec. 130-66(1 )(F) Parking in an unlawful area Address of violation: 97[h A venue The Respondent stated she had parked sideways in the driveway because another vehicle and trailer were in the driveway at the same time. The Respondent introduced photographs of the vehicle which were marked as Respondent's Composite Exhibit "I" and entered into evidence. The Investigator introduced two photographs which were marked as County Exhibits "A" and "B" and entered into evidence. The Investigator explained to the Respondent that parking in the County's right-of-way, as well as blocking the right-of-way, is not allowed. 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 in the amount of $30. 00 on or before September 17,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before September 17,2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case # 2005120042 - BCC vs. Windle F. Clark The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was represented by his daughter-in-law, Karen Clark. Violation(s): Ord. 04-41 Sec. 4.05.03 Two vehicles parked on side of house Address of violation: 660 Pine Vale Drive The County requested the assessment of Operational Costs in the amount of $152.98. Supervisor Sykora stated the violations had been abated. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $1 52.98. The Respondent was ordered to pay this fine on or before November 17, 2007, or the County would proceed with enforcement of the lien. 3. Case # 2005120045 - BCC vs. Windle F. Clark The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was represented by his daughter-in-law, Karen Clark. 12 August 17,2007 Violation(s): Ord. 99-51 Sec. 6 Accumulation of litter on property Address of violation: 660 Pine Vale Drive The County requested the assessment of Operational Costs in the .amount of $170.11, together with fines in the amount of$300.00 for the period from March 7, 2006 through March 13,2006 ($50/day for 6 days), for a total of$470.11. The Respondent stated she had been recuperating from surgery and needed help to remove the litter from the property. The Special Magistrate ruled that the amount of the fine would be reduced to $150.00. The Special Magistrate GRANTED the County's motion for the imposition offines but, due to mitigating circumstances, reduced the total amount to $320.11 (including Operational Costs). The Respondent was ordered to pay this fine on or before November 17, 2007, or the County would proceed with enforcement of the lien. 6. Case # 2005040533 - BCC vs. Merest Exilhomme & VenUe Eduoardo The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent, Venite Eduardo, was present on behalf of herself and the Respondent, Merest Exilhomme. Violation(s): Ord. 04-41 Sec. 1.04.0 I & 2.01.00 Unlicensed/inoperable vehicle Address of violation: 8485 Bayshore Drive The County requested the assessment of Operational Costs in the amount of $92.18. Supervisor Sykora stated the violations had been abated. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount to $92.18. The Respondent was ordered to pay this fine on or before November 17, 2007, or the County would proceed with enforcement of the lien. 5. Case #2005110434 - BCC vs. Melauiades R. Buckow The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was not present. Violation(s): Ord. 04-41 Sec. 1.04.01 Unlicensedlinoperable vehicle on property Address of violation: 6461 Bottlebrush Lane 13 August 17, 2007 The County requested the assessment of Operational Costs in the amount of$210.10. Supervisor Sykora stated the violations had been abated. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount to $210.10. The Respondent was ordered to pay this fine on or before November 17, 2007, or the County would proceed with enforcement of the lien. V. PUBLIC HEARINGS B. Hearinl!s: 8. Case # PU 3011- BCC vs. Rubv Meriweather The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondent was not present. Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation Address of violation: 3290 Potomac Court The Investigator stated the irrigation was a violation of the South Florida Water Management District's Phase II restrictions. A previous Citation issued in May had not been paid. The Investigator stated the property and the Courthouse had been posted. The Special Magistrate questioned the method of citing of the Ordinance's Sections. The Investigator stated Section 5.4 was an amendment to the Ordinance due to Phase II. He also stated Ordinance 90-125 would no longer be referenced because it was confusing. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay civil fines in the amount of $150.00, together with a citation fee in the amountof$5.00, on or before September 17, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before September 17,2007. 10. Case # PU 2969 and PU 3007 - BCC vs. William A. Sweenev & Brenda M. Sweenev The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondents were not present. Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation Address of violation: 2260 Valencia Lakes Circle The Investigator stated Mr. Sweeney was out of state due to health reasons. At the August 3'd hearing, the Investigator had asked for assessment of higher civil fines due ]4 August 17, 2007 to the repeat violations. The Investigator stated he was contacted by the Respondents on August 15th because they had been contacted by their Realtor. The Realtor did not noti fy the Respondents of the citations until August IS, 2007. The Respondents moved from Florida in March, 2006, and returned to Florida in March 2007 to list the property for sale. The Phase II restrictions were not yet in place in March, 2007. The Investigator further stated the situation had been corrected. He did not feel the Respondents were at fault and requested that both citations be dismissed. Finding the Notice of Hearing had been properly served, the Special Magistrate DISMISSED the Citations. 16. Case # CE 4110 - BCC vs. Donald J. Houk The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator Azure Sorrels was present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area Address of violation: 500 block SW Blvd. eastside of street Investigator Sorrels introduced a photograph which was marked as County Exhibit "A" and admitted 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 pay civil fines in the amount of $3 O.00 on or before September 17,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before September 17,2007. 9. Case # PU 2970 - BCC vs. Stephen R. Pvatte & Courtnev A. Pvatte The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez. Senior Investigator Ray Addison was present on behalf of the Investigator. The Respondent was not present. Violation(s): Ord. 02-17 Sec. 5, 5.4 lllegal irrigation Address of violation: 1048 Summerfield Drive The Investigator stated Citations were issued on June 6th and on June 13th The property and the Courthouse had been posted. The Respondents submitted a letter to the Court stating they would be out of town on the Hearing date, but did not provide written defenses. The Special Magistrate had previously denied the Respondent's Motion for Continuance. 15 August 17, 2007 Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay civil fines in the amount of $150.00, together with a citation fee in the amount of $5. 00, on or before September 17, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before September 17,2007. VII. OLD BUSINESS - None VIII. CONSENT AGENDA A. Request for Foreclosure - Collection Authorization The Special Magistrate stated she had reviewed the memo identifYing the properties to be submitted to the County Attorney's office for processing and approved the Collection authorization. IX. REPORTS - None X. NEXT MEETING DATE -September 7, 2007 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Magistrate at 12:10 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on presented , or as amended , as 16