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CESM Minutes 09/07/2007 September 7, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGlSTRA TE Naples, Florida, September 7, 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 Darlene Lafferty, 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: September 7, 2007 at 8:30 A,M, Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Govemment Center Administrative Building uF", 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. A. Hearing rules and regulations I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - August 17,2007 IV. MOTIONS A. Motion for Continuance 1. CASE NO: OWNER: OFFICER: VIOLATIONS: V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050605 COBB CORP LAND TRUST UTD DATED 10/13/05 INV. CHRISTOPHER AMBACH ORD. 04-41 AS AMENDED, SEC. 10.02.06(B)(I)(A) & 106.1.2 BUILDING PERMITS 2007070434 SAUVEUR GUSTAVE INV. ED MORAD ORD. 04-41 AS AMENDED, COLLIER COUNTY LDC SEC. 2.01.00(A) RECURRING VIOLATIONS OF UNT AGGED VEHICLES VIOLATION ADDRESS: 4961 21ST PL SW B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030755 CRYSTAL M. HOLLER INV. JOHN SANTAFEMIA ORD. 04-58 SEC. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 795 94TH AVE N 2. CASE NO: 2007060378 OWNER: EXANTE FILS-AIME & NOLTINE ALEXANDRE OFFICER: INV. CARMELO GOMEZ VIOLATIONS: ORD. 04-58 SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 282 I 47TH TER SW 3. CASE NO: 2007060242 OWNER: MARGARITA MUNOZ, RICARDO C. MUNOZ JR. & MAGDA MUNOZ OFFICER: INV. AZURE SORRELS VIOLATIONS: ORD. 05-44 SEe. 7 LITTER VIOLATION ADDRESS: 5400 TREETOPS DR VIOLATION ADDRESS: 182 SUNSET CAY 4. CASE NO: 2007070463 OWNER: JILL J. WEAVER OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD.05-44 SEe. I I REPEAT VIOLATION OF OVERGROWTH OF WEEDS ON RESIDENTIAL PROPERTY VIOLATION ADDRESS: 4620 ACADIA LN 5. CASE NO: 2007070060 OWNER: EDUARDO RODRIGUEZ OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 04-41 AS AMENDED, SEC. 2.01.00(A) RECURRING VIOLATION OF INOPERABLEIUNT AGGED VEHICLE VIOLATION ADDRESS: 4718 ALLADIN LN 6. CASE NO: 2007070061 OWNER: EDUARDO RODRIGUEZ OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 05-44 SEe. 6,7,8 RECURRING VIOLATION OF ACCUMULATION OF LITTER VIOLATION ADDRESS: 4718 ALLADINLN 7. CASE NO: 2007070062 OWNER: EDUARDO RODRIGUEZ OFFICER: INV. THOMAS KEEGAN VIOLATIONS: ORD. 04-41 AS AMENDED, SEC. 2.01.00(C) RECURRING VIOLATION OF STORING COMMERCIAL VEHICLE ANDIOR EQUIPMENT VIOLATION ADDRESS: 4718 ALLADIN LN 8. 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030830 DANIEL REBECA INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED, SEe. 2.01.00(A) & 4.05.03(A) UNLICENSEDIINOPERABLE VEHICLE VIOLATION ADDRESS: 2653 V AN BUREN AVE CASE NO: OWNER: OFFICER: VIOLATIONS: 2007010529 VITO M. MANCINI & CARRIE L. MANCINI INV. HEINZ BOX ORD. 04-58 SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 770 111 TH AVE N 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007011074 KENNETH F. PEPPINO JR., KF PEPPINO REV TR. UTD DATED 8126/98 INV. HEINZ BOX ORD. 04-58 SEC. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 121 BOB 0 LINK WAY 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007020295 MIRADIS MIRALLES INV. HEINZ BOX ORD. 04-58 SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 431 WELLS ST 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050693 ANTHONY BELMONTE & SHANNON BELMONTE INV. HEINZ BOX ORD. 04-41 AS AMENDED, SEe. 4.05.03(A) VEHICLE PARKED ON GRASS NEXT TO DRIVEWAY VIOLATION ADDRESS: 3509 SANTIAGO WAY 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050942 ROSA MERCEDES VALDES INV. HEINZ BOX ORD. 04-41 AS AMENDED, SEC. 2.01.00(B) RECREATIONAL VEHICLE VIOLATION ADDRESS: 974 COCONUT CIR W 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006080006 SYLVIA NEGRETE INVESTIGATIVE SUPERVISOR CAROL SYKORA ORD. 04-58 SEe. 6 SUB SEe. 12A, 12B, 12C, 12D, 12F, 12G, 121, 12J, 12K, 12M, 12Q, 12R, 19A& 19B PROPERTY MAINTENANCE AND HOUSING VIOLATION ADDRESS: 421 13TH ST SE 15. CASE NO: 2007040781 OWNER: SYLVIA NEGRETE OFFICER: INVESTIGATIVE SUPERVISOR CAROL SYKORA VIOLATIONS: ORD. 05-44 SEe. 6,7,8 LITTER VIOLATION ADDRESS: 421 13TH ST SE 16. CASE NO: 2007040782 OWNER: SYLVIA NEGRETE OFFICER: INVESTIGATIVE SUPERVISOR CAROL SYKORA VIOLATIONS: ORD. 04-41 AS AMENDED, SEe. 2.01.00(B)(3) COMMERCIAL VEHICLE VIOLATION ADDRESS: 421 13TH ST SE 17. CASE NO: 2007040784 OWNER: SYLVIA NEGRETE OFFICER: INVESTIGATIVE SUPERVISOR CAROL SYKORA VIOLATIONS: ORD. 05-44 SEe. 6,7,8 LITTER VIOLATION ADDRESS: 41913THSTSE 18. CASE NO: 2007020708 OWNER: LYNNE CADENHEAD OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC(S). I I, 12B, 121 12M, 12N, 12P, 19A PROPERTY MAINTENANCE VIOLATION ADDRESS: 3412 OKEECHOBEE STREET C. Emergency Cases: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080668 ROILAN PEREZ INV. ROBIN GANGULI 2004 FLORIDA BUILDING CODE, R4101.17.1 PUBLIC HEALTH, SAFETY AND WELFARE ISSUE - RESIDENTIAL SWIMMING POOL WITHOUT A SAFETY BARRIER VIOLATION ADDRESS: 1974 46TH ST SW VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006070400 TED BARRETT EST, JEFFREY C. BARRETT INV. JOE MUCHA ORD. 04-41 AS AMENDED, SEC. 4.05.03(A) & 2.01.00(A) UNLICENSED VEHICLE PARKED ON GRASS VIOLATION ADDRESS: 112 W. PAGO PAGO DRIVE 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005120302 ANA DIAZ INV. JOE MUCHA ORD. 04-41 AS AMENDED, SEe. 2.01.00 & 4.05.03 UNLICENSEDIINOPERABLE VEHICLES ON PROPERTY VIOLATION ADDRESS: 5309 CATTS ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005010231 CLAUDE & MARIE DIEUJUSTE INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU ORD. 04-41 AS AMENDED, SEe. 2.01.00(A) ACCUMULATION OF UNLICENSEDIINOPERABLE VEHICLES VIOLATION ADDRESS: 3945 GOLDEN GATE BLVD E 200511 0778 JESUS AYALA INV. JOHN SANTAFEMIA ORD. 04-58 SEe. 6 ROOF ON MOBILE HOME IN DISREPAIR & LEAKING VIOLATION ADDRESS: 314 S 4TH ST VII. OLD BUSINESS 4. CASE NO: OWNER: OFFICER: VIOLATIONS: 5. CASE NO: 2005020439 OWNER: STEPHEN CRAWFORD TR, KIA THE FORREST G AMARANTH LAND TRUST OFFICER: INVESTIGATIVE SUPERVISOR CAROL SYKORA VIOLATIONS: ORD. 04-41 AS AMENDED, SEe. 2.02.02 & 2.01.00 UNLICENSED/INOPERABLEI ABANDONED VEHICLE(S) VIOLATION ADDRESS: VACANT LOT (PARCEL NO. 61837960006) 2005080950 JOHN COFFMAN & JOAN MARY COFFMAN INVESTIGATIVE SUPERVISOR CAROL SYKORA ORD. 04-41 AS AMENDED, SEe. 2.01.00 RECREATIONAL VEHICLE VIOLATION ADDRESS: 3508 DORADO WAY IX. REPORTS VIII. CONSENT AGENDA X. NEXT MEETING DATE: September 21, 2007 XI. ADJOURN September 7, 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 nnder oath. A. Hearing Rnles 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 Stipnlation; looking for compliance without being pnnitive. RECESS: 9:15 AM RECONVENED: 9:31 AM II. APPROVAL OF AGENDA Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item IV (A), "Motion for Continuance," the violation address of 182 Sunset Cay was added in Case # 2007050605. (b) Under Item V (B), "Public Hearin!!s," the violation address in Case #2007060242 was corrected to 5400 Treetops Dr. (c) Under Item V (C), "Emer!!encv Cases," the following cases were added: . Case # 2007080702 - BCC vs. Henry Tesno and Jill Weaver . Case # 2007080993 - BCC vs. Henry Tesno and Jill Weaver (d) The following cases were WITHDRA WN by the County due to payment of fines: . Case # 2006070400 - BCC vs. Ted Barrett Est, Jeffrey C. Barrett . Case # 2005110778 - BCC vs. Jesus Ayala 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. V. PUBLIC HEARINGS A. Stipulations: 1. Case # 2007070434 - BCC vs. Sauveur Gustave The Hearing was requested Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Winslet Foreus was present as translator for the Respondent. Violation(s): Ord. 04-41 as amended, Collier County LDC Sec. 2.01.00(A) Recurring violations of untagged vehicles Address of violation: 4961 21"' PL SW 2 September 7, 2007 A Stipulation had been agreed to by the Respondent. The Investigator stated the Respondent intormed him the violation had been abated. The Investigator asked to reiterate the terms of the Stipulation for 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 pay a civil fine of $255.00 on or before October 7, 2007. The Respondent was also ordered to remove all vehicles without current, valid license plates from the premises on or before September 10, 2007, or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter 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 amountof$316.28 on or before October 7, 2007. The Investigator will inspect the premises on September 10, 2007 to confirm the violation had been abated. 3. Case # 2007060242 - BCC vs. Mar!!arita Munoz. Ricardo Co Munoz Jr. & Ma!!da Munoz The Hearing was requested Collier County Code Entorcement Investigator Azure Sorrels who was present. Respondent, Magda Munoz, was present and also represented her husband, Ricardo Munoz, and her mother-in-law, Margarita Munoz. Violation(s): Ord. 05-44 Sec. 7 Litter Address of violation: 5400 Treetops Dr A Stipulation had been agreed to by Respondent, Ricardo Munoz, on September 6, 2007. The Investigator stated the 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 Respondents were found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $1 00. 00 on or before October 7, 2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $219.39 on or before October 7, 2007. 5. Case 2007070060 - BCC vs. Eduardo Rodri!!uez The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. Respondent, Maria Rodriguez was present and also represented her husband, Eduardo Rodriguez. Respondent's daughter, Alejandra Rodriguez, served as translator. 3 September 7, 2007 Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Recurring violation of inoperableluntagged vehicle Address of violation: 4718 Alladin Ln A Stipulation had been agreed to by Maria Rodriguez on behalf of Respondent Eduardo Rodriguez. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of $228.43 on or before October 7, 2007. 6. Case 2007070061 - BCC vs. Eduardo Rodri!!uez The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. Respondent, Maria Rodriguez was present and also represented her husband, Eduardo Rodriguez. Respondent's daughter, Alejandra Rodriguez, served as translator. Violatlon(s): Ord. 05-44 Sec. 6, 7, 8 Recurring violation of accumulation of litter Address of violation: 47i8 Alladin Ln A Stipulation had been agreed to by Maria Rodriguez on behalf of Respondent Eduardo Rodriguez. The Investigator stated the violation has been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s). Operational Costs were waived. 6. Case 2007070062 - BCC vs. Eduardo Rodri!!uez The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. Respondent, Maria Rodriguez was present and also represented her husband, Eduardo Rodriguez. Respondent's daughter, Alejandra Rodriguez, served as translator. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(C) Recurring violation of storing commercial vehicle andlor equipment Address of violation: 4718 Alladin Ln 4 September 7, 2007 A Stipulation had been agreed to by Maria Rodriguez on behalf of her husband, Respondent Eduardo Rodriguez. The Investigator stated the violation has been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s). Operational Costs were waived. 13. Case # 2007050942 - BCC vs. Rosa Mercedes Valdes The Hearing had been requested by the Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B) Recreational vehicle Address of violation: 974 Coconut Cir W, Naples, FL 34104 A Stipulation had been agreed to by the Respondenl. The Investigator stated the violation had been abated and requested waiving the civil penalty. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of $251.60 on or before October 7, 2007. 12. Case # 2007050693 - BCC vs. Anthonv Belmonte & Shannon Belmonte The Hearing had been requested by the Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent was present and also represented his wife, Shannon Belmonte. Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A) Vehicle parked on grass next to driveway Address of violation: 3509 Santiago Way A Stipulation had been agreed to by the Respondenl on behalf of himself and his wife. Shannon Belmonte. The Investigator stated the violation had been abated, and introduced a photograph which was marked as County Exhibit "A" and entered into evidence. 5 September 7, 2007 Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of$263./6 on or before October 7, 2007. 18. Case # 2007020708 - BCC vs. Lvnne Cadenhead The Hearing had been requested by the Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present but was represented by her son, Robert Cadenhead, Jr. Violation(s): Ord. 04-58 Sec(s). 11, 12B, 121, 12M, 12N, 12P, 19A Property maintenance Address ofviolation: 3412 Okeechobee Street, Naples, FL 34112 A Stipulation had been agreed to by Robert Cadenhead, Jr. on behalfof his mother, Respondent Lynne Cadenhead. The Investigator stated the property is a vacant, single-family home. The Investigator stated there was a clerical error on the Stipulation and the Ordinance should be 04-58, not 04-59. 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 litter from the property and/or to store items of value in an enclosed space on or before October 7, 2007, or afine of $/00. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was also ordered to contact a licensed general contractor to obtain all required permits to make repairs to the structure, to obtain all required inspections and to receive a Certificate of Occupancy on or before December 7, 2007, or a fine of $250.00 per day will be imposedfor each day the violation remains thereafter 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 $295.85 on or before October 7, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. 14. Case # 2006080006 - BCC vs. Svlvia Ne!!rete, 15. Case # 2007040781 - BCC vs. Svlvia Ne!!rete and 16. Case # 2007040782 - BCC vs. Svlvia Ne!!rete The Hearing was requested by Collier County Code Enforcement Investigative Supervisor Carol Sykora who was present. The Respondent was also present. 6 September 7, 2007 Violation(s): (# 2006080006) Ord. 04-58 Sec. 6 Subsec. 12A, 12B, 12C, 12D, 12F, 12G, 121, 12J, 12K, 12M, 12Q, 12R, 19A & 19B Property maintenance and housing Address of violation: 421 13lh St SE, Immoka1ee, FL 34142 Violation(s): (# 2007040781) Ord. 05-44 Sec. 6, 7, 8 Litter Address of violation: 421 13th St SE, Immokalee, FL 34142 Violation(s): (# 2007040781) Ord. 04-41 as amended, Sec. 2.01.00(B)(3) Commercial vehicle Address of violation: 421 13th St SE, Immokalee, FL 34142 A Stipulation had been agreed to by the Respondent. The Investigator introduced photographs which were marked as County Exhibit "A" and introduced into evidence. The photographs indicated the improvements that had been made to the property. The Respondent asked the Court for a longer period of time to pay the Operational Costs. The Special Magistrate granted the Respondent's request. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to complete the repairs to the mobile home on or before October 7,2007, or a fine of$250.00 per day will be imposed for each day the violation remain thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was also ordered to remove all litter from the property on or before September 14, 2007, or a fine of $1 00. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was also ordered to remove the commercial truck box from the property by September 10,2007, or afine of$100.00 per day will be imposed for each day the violation remains thereafter 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 $366.70 on or before November 7,2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. 17. Case # 2007040784 - BCC vs. Svlvia Ne!!rete The Hearing was requested by Collier County Code Enforcement Investigative Supervisor Carol Sykora who was present. The Respondent was also present. Violation(s): Ord. 05-44 Sec. 6, 7, 8 Litter Address of violation: 419 13th Street SE, Immokalee, FL 34142 7 September 7, 2007 A Stipulation had been agreed to by the Respondent. The Investigator requested to waive 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 remove all litter from the property on or before September 14,2007, or a fine of $1 00. 00 per day will be imposed for each day the violation remain thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 8. Case # 2007030830 - BCC vs. Daniel Rebeca The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Thomas Keegan who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) & 4.05.03(A) Unlicensed/inoperable vehicle Address of violation: 2653 Van Buren Avenue, Naples, FL 34112 A Stipulation had been agreed to by the Respondent. The Investigator stated the violation has been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of $251.17 on or before October 7, 2007. IV. MOTIONS A. Motion for Continuance: 1. Case # 2007050605 - BCC vs. Cobb Corp Land Trust UTD Dated 10/13/05 The Hearing was requested by represented by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was present and represented by Attorney Douglas Rankin. Violation(s): Ord. 04-41 as amended, Sec. 10.02.06(B)(1)(A) & 106.1.2 Building permits Address of violation: 182 Sunset Cay Attorney Rankin stated he would withdraw his Request for a Continuance. 8 September 7, 2007 Assistant County Attorney Jeff Wright stated the County would now request a Continuance in this case due to recently obtained information Attorney Rankin stated he was not opposed to granting a Continuance to the County. Finding that the Notice of Hearing had been properly served, the Special Magistrate GRANTED the County's Request for a Continuance. VI. NEW BUSINESS A. Motion for ImDosition of Fines: 3. Case # 2005010231 - BCC vs. Claude & Marie Dieuiuste The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was present and also represented the Respondent, Marie Dieujuste, wife. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Accumulation of Unlicensedlinoperable vehicles Address of violation: 3945 Golden Gate Blvd E, Naples, FL 34112 The County requested the assessment of fines in the total amount of$650.00 for the period from April 16, 2005 through April 29, 2005 ($50/day for 13 days). Supervisor Sykora stated the Operational Costs had been paid. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $650. 00. The Respondent was ordered to pay this fine on or before December 7, 2007, or the County will proceed with enforcement of the lien. 6. Case #2005080950 - BCC vs. John Coffman & Joan Marv Coffman The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 Recreational vehicle Address of violation: 3508 Dorado Way, Naples, FL 34105 The County requested the assessment of Operational Costs in the amount of$158.10. Supervisor Sykora stated the violations had been abated. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $158.10. 9 September 7, 2007 The Respondent was ordered to pay this fine on or before December 7, 2007, or the County will proceed with enforcement of the lien. V. PUBLIC HEARINGS B. Hearin!!s: 9. Case # 2007010529 - BCC vs. Vito M. Mancini & Carrie L. Mancini The Hearing was requested by Collier County Public Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 7(2) Renta] registration Address ofvio]ation: 770 II ]Ih Ave N, Naples, FL 34]08 The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$265. 70 on or before October 7, 2007. 10. Case # 2007011074 - BCC vs. Kenneth F. Peppino Jr., KF Peppino Rev Tr. UTD Dated 8/26/98 The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 7(1) and (2) Rental registration Address of violation: ]2] Bob 0 Link Way, Naples, FL 34i05 The Investigator stated the rental registration had not been renewed. The Special Magistrate noted the Respondent had submitted a letter containing defenses to the Notice of Violation. The Special Magistrate read the following into the record: "I first want to apologize for not being able to attend this morning's hearing. We reside in Boston, Massachusetts. I have left several messages for Investigator H. Box and have never heard back from him. I finally reached Susana Capasso and she suggested that] write this letter. ] purchased this condo back in 1998, and had with the rental department over at Naples Bath and Tennis until new owners took over the clubhouse and went through the roof with their rental fees and 10 September 7, 2007 cleaning fees to a point where it makes no sense for us to keep it with them and our membership to the Club. This year we have decided not to join the Club and have taken our condo out of their rental pool. My father has retired from the Weymouth Massachusetts Fire Department and will spend the winters in Naples at the condo. Our immediate family will be using the condo and we no longer will be renting it out. What we need to do to stay in compliance with Collier County is what we will do. Please let me know what I need to do next." The Special Magistrate inquired as to the date the letter was received. Investigative Supervisor Susana Capasso stated the letter had been emailed to her by the Respondent on September 6,2007. She stated she spoke with the Respondent within the two days prior to the Hearing. When the Special Magistrate inquired as to when the Respondent ceased renting out the unit, Investigative Supervisor Capasso stated the Respondent had not mentioned a specific date. The Special Magistrate determined that the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of $251.60 on or before October 7, 2007. Investigator Box asked if the Respondent would still need to register the condo as a rental unit because it was going to be occupied by individuals other than the owners. The Special Magistrate read the following portions from Section 7, Subsection I of the Rental Registration Ordinance into the record: "When any dwelling unit is occupied by someone other than the owner for any portion of a calendar year, a rebuttable presumption arises that the dwelling unit is a rental unit. The presumption may be rebutted by evidence that the occupancy of the dwelling unit is due to housekeeping, babysitting, pet-sitting, or the like." The Special Magistrate determined since the condo was presently vacant, the terms of the Ordinance did nol apply in this situation. 11. Case # 2007020295 - BCC vs. Miradis Miralles The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. 11 September 7, 2007 Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Address of violation: 431 Wells St, Immokalee, FL 34142 Investigator Box stated the rental registration was obtained in August. Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay to pay Operational Costs incurred during the prosecution of this case in the amount of $265.70 on or before October 7, 2007. RECESS: 11:05 AM RECONVENED: 11:45 AM 1. Case # 2007030755 - BCC vs. Crvstal M. Holler The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Address of violation: 795 94th A venue N The Investigator stated the property and the Courthouse had been posted. 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 rental registration and to pay any late fees on or before September 14, 2007, or a fine of $25.00 per day will be imposed for each day the violation remains thereafter 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$255.26 on or before October 7, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. 2. Case # 2007060378 - BCC vs. Exante Fils-Aime & Noltine Alexandre The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present on behalf of Investigator Carmelo Gomez. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Address of violation: 2821 47th Ter SW, Naples, FL 34116 12 September 7, 2007 The Investigator stated the violation has not been abated. He further stated the property and the Courthouse had been posted. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain a valid rental registration and to pay any late fees on or before September 14, 2007, or a fine of $25.00 per day will be imposed for each day the violation remains thereafter 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 $233. 62 on or before October 7, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. 4. Case # 2007070463 - BCC vs. Jill J. Weaver The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ord. 05-44 Sec. II Repeat violation of overgrowth of weeds on residential property Address of violation: 4620 Acadia Ln, Naples, FL 34112 The Investigator introduced two photographs of the property which were marked as County Exhibit "A" and "B" and were 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 a civil fine in the amount of $500.00 on or before October 7,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was also ordered to mow the property on or before September 14, 2007, or afine of $50. 00 per day will be imposed for each day the violation remains 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 violation by contractor bid-out and will assess the cost to the Respondent. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $223.00 on or before October 7, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. V. PUBLIC HEARINGS C. Emer!!encv Cases: 1. Case # 2007080668 - RoHan Perez The Hearing was requested by Collier County Code Enforcement Investigator Robin Ganguli who was present. The Respondent was not present. 13 September 7, 2007 Violation(s): 2004 Florida Building Code, R4101.17.1 Public Health Safety and welfare issue Residential swimming pool without a safety barrier Address of Violation: 1974 46th St SW, Naples, FL 34116 The Investigator stated the property has been abandoned and is in foreclosure. The Investigator introduced six photographs which were marked as County Composite Exhibit "A" and admitted into evidence. The Investigator stated the property and the Courthouse had been posted. The Special Magistrate stated the pool is considered an "attractive nuisance" and concurred the issue was health, safety and welfare. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to install a temporary safety barrier by the end of business on September 7, 2007. If the Respondent is unable to comply, the County will abate the violation by contractor bid-out and will assess the cost to the Respondent. The Respondent was also ordered to obtain a Collier County building permit, all required inspections, and a Certificate of Occupancy for a permanent barrier on or before October 7, 2007, or afine of$IOO.OO per day will be imposed for each day the violation remains thereafter 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 $264.02 on or before October 7, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 2. Case # 2007080702 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 6(1) and (2) Repeat minimum housing Address of violation: 3069 Lunar Street, Naples, FL 34112 The Investigator stated the water had been turned off by the City of Naples. He introduced a fax from the City of Naples with attached Work Order which was marked as County Composite Exhibit "A" and admitted into evidence. The Investigator stated the water meter had been removed. He further stated he had been unable to contact the owners of the property even though he left several notices at their residence. 14 September 7, 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 a civil fine in the amount of $5,000 on or before October 7, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were further ordered to restore water service to the property on or September 10, 2007 and to pay all related costs to the water company to restore such service, or a fine of $500 per day will be imposed for each day the violation remains thereafter 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 $317.30 on or before October 7, 2007. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 3. Case # 2007080993 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 6(1) and (2) Repeat minimum housing Address of violation: 3072 Van Buren Avenue, Naples, FL 34112 The Investigator stated the water had been turned offby the City of Naples in March, 2007. The Investigator stated he was told by the tenants that the property owners had instructed them to deny access to the property to any Code Enforcement representative. He further stated he left several notices at their owner's residence but they did not respond. At the request of the Special Magistrate, Assistant County Attorney Jeff Wright examined the statutory definition of "repeat violation" and stated was provision-specific, not address specific. He introduced a fax from the City of Naples Utilities stating the water meter at the residence had been locked since March, 2007 with attached Work Order which was marked as County Composite Exhibit "A" and admitted 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 fine in the amount of $5,000 on or before October 7, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were further ordered to restore water service to the property on or September 10, 2007 and to pay all related costs to the water company to restore such service, or a fine of $500 per day will be imposed for each day the violation remains thereafter 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 $314.82 on or before October 7, 2007. 15 September 7, 2007 The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case # 2005120302 - BCC vs. Ana Diaz The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 & 4.05.03 Unlicensed/inoperable vehicles on property Address of violation: 5309 Calls St, Naples, FL 34113 The County requested the assessment of Operational Costs in the total amount of $181.54. Supervisor Sykora stated the violation had been abated. The Special Magistrate noted tor the record that proper notice had been given. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of $181.54. The Respondent was ordered to pay this fine on or before December 7, 2007, or the County will proceed with enforcement of the lien. 5. Case # 2005020439 - BCC vs. Stephen Crawford Tr, KIA the Forrest G. Amaranth Land Trust The County was represented by Collier County Code Enforcement Supervisor Carol Sykora. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.02.02 & 2.01.00 Unlicensed/inoperable/abandoned vehicles Address of violation: Vacant lot (Parcel No. 61837960006) The County requested the assessment of Operational Costs in the amount of $11 0.1 0, together with tines in the amount of $150.00 for the period /Tom June 10, 2007 through June 13,2005 ($50/day tor 3 days), for a total amount of$260.10 The Special Magistrate noted for the record that proper notice had been given. 16 September 7, 2007 The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $260.1 0 (including Operational Costs). The Respondent was ordered to pay this fine on or before December 7, 2007, or the County will proceed with enforcement of the lien. III. APPROVAL OF MINUTES The Minutes of the Hearing held on August 17,2007 were reviewed by the Special Magistrate and approved as submitted. VII. OLD BUSINESS - None VIII. CONSENT AGENDA - None IX. REPORTS - None X. NEXT MEETING DATE - September 21, 2007 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Magistrate at 12:26 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on presented , or as amended , as ]7