CESM Minutes 10/05/2007
October 5, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, October 5,2007
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
SECRETARY TO THE SPECIAL MAGISTRATE: Sue Chapin
STAFF PRESENT:
Jeff Wright, Assistant Collier County Attorney
Patricia Petrulli, Code Enforcement Investigative Supervisor
Arlene Harper, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
Date: October 5, 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 MA Y 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 Procedures
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - September 21, 2007
IV. MOTIONS
A. Motions for Continuance
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007010925
GILBERT HIMELHOCH & DENISE HIMELHOCH
INV. JEN WALDRON
ORD. 04-58 SEC. 7(2), 7(5)
RENTAL REGISTRATION
VIOLATION
ADDRESS: 519 ROMA CT
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007060603
SERGIO ESTRADA & MARIA A. ALONZO
INV. HEINZ BOX
ORD. 04-41 AS AMENDED SEe. 4.05.03(A)
VEHICLES PARKED ON GRASS NEXT TO DRIVEWAY
VIOLA nON
ADDRESS: 281 I 47TH TER SW
3.
CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2007060361
LA VERNE MOORE
INV. REGGIE SMITH
ORD. 04-4 I AS AMENDED SEC. 4.05.03(A)
RECURRING VIOLATION OF VEHICLE PARKED ON GRASS
VIOLATION
ADDRESS: 5313 TRAMMELL ST
4. CASE NO: 2007060362
OWNER: LA VERNE MOORE
OFFICER: INV. REGGIE SMITH
VIOLATIONS: ORD. 05-44 SEe. 6
LITTER
VIOLA TION
ADDRESS: 5313 TRAMMELL ST
5. CASE NO: 2007050326
OWNER: GRACIELA GUZMAN
OFFICER: INV. JOE MUCHA
VIOLA TIONS: ORD. 04-58 SEC. 7(2)
RENTAL REGISTRATION
VIOLATION
ADDRESS: 950 AUTO RANCH RD
6. CASE NO: 2007070077
OWNER: NADY A W. NICK TR
OFFICER: INV. MARIO BONO
VIOLATIONS: ORD. 04-58 SEe. 7(1-8)
RENTAL REGISTRATION
VIOLATION
ADDRESS: 3 I 50 CONNECTICUT AVE
7. CASE NO: 2007080321
OWNER: JON C. HARMONY & NANCY B. HARMONY,
CONSTANCE HARMONY REV TR
OFFICER: INV. AZURE SORRELS
VIOLATIONS: ORD. 04-4 I AS AMENDED SEC. 2.0 I.OO(B)
RECREA TIONAL VEHICLE(S)
VIOLATION
ADDRESS: 402 GRENADA AVE
8. CASE NO: 2007050392
OWNER: MIGUEL ANZUALDA JR., MARIA ANZUALDA &
MARIA DEL PILAR ANZUALDA
OFFICER: INV. JONATHAN MUSSE
VIOLATIONS: ORD. 05-44 SEe. 6, 7 & 8
RECURRING VIOLATION OF PROHIBITED ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 1216 N 18TH ST
9. CASE NO: 2007050436
OWNER: MIGUEL ANZUALDA JR., MARIA ANZUALDA &
MARIA DEL PILAR ANZUALDA
OFFICER: INV. JONATHAN MUSSE
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: I216NI8THST
10. CASE NO: 2007080434
OWNER: MARIO TRUPIANO & MARY R. TRUPIANO
OFFICER: INV. ED MORAD
VIOLA T10NS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A)
RECURRING VIOLATION OF UNLICENSED VEHICLE(S)
VIOLA TION
ADDRESS: 2100 HUNTER BLVD
II. CASE NO: 2007060121
OWNER: GINOU FREDERIC
OFFICER: INV. RENALD PAUL
VIOLA TIONS: ORD. 04-41 AS AMENDED SEC. 4.05.03( C)
MULTIPLE VEHICLES PARKED ON FRONT/REAR YARD
VIOLATION
ADDRESS: 5305 BROW ARD ST
12. CASE NO: 2007070334
OWNER: THOMAS E. LYONS, DIANE G. LYONS & TRACY A. LYONS
OFFICER: INV. GLENN KARR
VIOLA TIONS: ORD. 05-44 SEC. 6, 7 & 8
LITTER
VIOLATION
ADDRESS: 1236 COOPER DR
13. CASE NO: 2007070675
OWNER: THOMAS E. LYONS, DIANE G. LYONS & TRACY A. LYONS
OFFICER: INV. GLENN KARR
VIOLA TIONS: ORD. 04-4 I AS AMENDED SEC. 2.0 I.OO(B)
RECURRING VIOLATION OF COMMERCIAL VEHICLE(S)/EQUIPMENT
VIOLATION
ADDRESS: 1236 COOPER DR
14. CASE NO: 2007070604
OWNER: DA VID P. REINERTSEN
OFFICER: INV. GLENN KARR
VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(B)
RECREATIONAL VEHICLE(S)
VIOLA T10N
ADDRESS: 118 WILLOWICK DR
15. CASE NO: 2007070544
OWNER: ELSA M. FLORES & CARLOS FLORES
OFFICER: INV. CARMELO GOMEZ
VIOLATIONS: ORD. 04-58 SEC. 7(2)
RENTAL REGISTRATION
VIOLA TION
ADDRESS: 4650 25TH CT SW
16. CASE NO: 2007070771
OWNER: FERNANDO RODRIGUEZ
OFFICER: INV. CARMELO GOMEZ
VIOLATIONS: ORD. 03-37 SEC(S). 5A, 5B & 5C
RIGHT OF WAY PERMITS
VIOLA TION
ADDRESS: 1737 42ND ST SW
17. CASE NO: 2007060682
OWNER: PETER E. THOMAS
OFFICER: INV. STEPHEN A THEY
VIOLATIONS: ORD. 05-44 SEe. 7
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 748 96TH AVE N
18.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2007060683
PETER E. THOMAS
INV. STEPHEN ATHEY
ORD. 04-41 AS AMENDED, LDC SEe. 2.01.00(A)
UNLICENSED VEHICLE(S)
VIOLATION
ADDRESS: 748 96TH AVE N
19.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007080521
MEREST EXILHOMME
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED. SEC. 2.0 I.OO(A)
REPEAT VIOLATION OF UNLICENSED/INOPERABLE VEHICLE(S)
VIOLATION
ADDRESS: 8485 BA YSHORE DR
20.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006110511
OSCAR GARA TEJO & NIRCIA ALVAREZ GARA TEJO
INV. MICHELLE SCAVONE
ORD. 04-41 AS AMENDED, SEC(S). I.04.01(B), 2.02.03 & 2.03.0I(B)
TILE STORED ON ESTATES ZONED AREA
VIOLATION
ADDRESS: 3271 22ND AVE NE
21.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
C. Emergency Cases:
VI. NEW BUSINESS
2007030778
ROMANA LIPKOV A & MARIAN V ANKO
INV. PATRICK BALDWIN
ORD. 04-41 AS AMENDED, LDC SEC. I 0.02.06(B)(l )(A), IO.02.06(B)(l )(E) &
I 0.02.06(B)(I )(E)(l)
BUILDING PERMITS
1530 3 I ST ST SW
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100596
SIDNEY KIMBLE
INV. MICHAELLE CROWLEY
ORD. 04-58 SEC, 6(17)
INOPERABLE/UNLICENSED VEHICLE(S)
VIOLATION
ADDRESS: 156 JEEPERS DR
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006080581
BERNADINO, GUERRERO JR.
INV. JOHN SANTAFEMIA
ORD. 04-58 SEC. 6 SUBSEe. 121 & 19A
PROPERTY MAINTENANCE AND HOUSING
VIOLA TION
ADDRESS: 1407 APPLE ST
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007050065
JEANETTE LUTHER & ADELINE FOURINE
INV. GLENN KARR
ORD. 04-41 AS AMENDED, SEC. 2.0I.00(B)
RECREA TIONAL VEHICLE(S)
VIOLATION
ADDRESS: 6130 CYPRESS HOLLOW WAY
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030892
ADRIANA KARINA DELGADO
INV. CRISTINA PEREZ
ORD. 04-4 I AS AMENDED, SEe. 2.0 I .OO(B)
RECREATIONAL VEHICLE(S)
VIOLATION
ADDRESS: 672 EL PASO TRL
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030091
ANDREW SA V AGE & HALLEY A. SA V AGE
INV. THOMAS KEEGAN
ORD. 05-44 SEe. 6, 7 & 8
LITTER
VIOLATION
ADDRESS: 4002 CINDY AVE
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006120658
PATRICIA SWALLOW
INV. PATRICK BALDWIN
ORD. 04-41 AS AMENDED, SEe. 2.01.00(A)
INOPERABLE/UNLICENSED VEHICLE(S)
VIOLATION
ADDRESS: 3560 25TH A VB SW
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100235
KELLY E. CAPOLINO
INV. JOE MUCHA
ORD. 04-58 SEe. 6, SUBSECS. 8,9,10, I I. I2A, 12B, I2C, 121, I2J, 12K, 12L, 12M,
120, I2P, I2Q, 19A, 19B, 19C, 19D&20
VIOLATION
ADDRESS: 2721 VAN BUREN AVE
PROPERTY MAINTENANCE AND HOUSING
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006070273
PATRICE MOBLEY
INV. JOE MUCHA
ORD. 04-58 SEC. 6. SUBSEC. I I, I2C, 121 & I2P
PROPERTY MAINTENANCE AND HOUSING
VIOLATION
ADDRESS: 5260 DIXIE DR
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2005010437
JAIME GUTIERREZ
INVESTIGATIVE SUPERVISOR PATRICIA PETRULLl
ORD. 04-41 AS AMENDED, SEe. IO.02.06(B)(l)(D), 104.1 & 105.5
UNPERMITTED GARAGE CONVERSION/ELECTRICAL
& STRUCTURAL ADDITIONS/ AL TERA TIONS
1369 HILLTOP DRIVE
VII. OLD BUSINESS
VIII. CONSENT AGENDA
IX. REPORTS
X. NEXT MEETING DATE: October 19,2007
XI. ADJOURN
- _._~_..~._------- ---_...~.
October 5, 2007
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson
at 9:05 AM. All those testifying at the proceeding 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: 9:40 AM
II. APPROVAL OF AGENDA
Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes:
(a) The following cases were WITHDRAWNby the County due to payment of fines:
. Case # 2007030892 - BCC vs. Adriana Karina Delgado
· Case #2006070273 - BCC vs. Patrice Mobley
(b) Re: Case # 2007050392 - BCC vs. Miguel Anzualda, Jr. & Maria Anzualda, the phrase
"recurring" was removed from the violation description.
(c) Re: Case # 2006080581- BCe vs. Bernadino Guerrero Jr., the comma between the
Respondent's first and last names was removed.
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 September 21,2007 were reviewed by the Special Magistrate
and approved as submitted.
IV. MOTIONS
A. Motions for Continuance: None
V. PUBLIC HEARINGS
A. Stipulations:
11. Case # 2007060121 - BCC vs. Ginou Frederic
The Hearing was requested Collier County Code Enforcement Investigator Rena1d Paul
who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(C)
2
October 5, 2007
Multiple vehicles parked on front/rear yard
Violation address: 5305 Broward Street
A Stipulation had been agreed to by Respondent on October 1. 2007.
The Investigator stated he met with the Respondent who agreed to the terms of the
Stipulation.
Finding the Notice of Hearing had beell properly served, the Respondent was found
GUILTY of the alleged violation(s} and were ordered to remove the vehicles from the
front/rear yards and park on a stabilized pervious or imperviously-treated surface on
or before October 8,2007, or ajine 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.
The Respondent was ordered to pay Operational Costs incurred during the prosecution
of this case in the amount of $246./2 on or before November 5,2007.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
14. Case # 2007070604 - BCC vs. David P. Reinertsen
The Hearing was requested Collier County Code Enforcement Investigator Glenn Karr
who was present.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B)
Recreational vehicles
Violation address: 118 Willowick Dr.
A Stipulation had been agreed to by the Respondent.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and jinding the violation did
exist but had been eORREeTED prior to today's Hearing, the Respondent was found
GUlL TY of the alleged violation(s} and was ordered to pay a civil jine in the amount of
$200.00 on or before December 5,2007.
The Respondent was also ordered to pay Operational eosts incurred during the prosecution
of this case in the amount of $228. 59 on or before December 5, 2007.
2. Case # 2007060603 - BCC vs. Sere:io Estrada & Maria A. Alonzo
The Hearing was requested by Collier County Code Enforcement Investigator Heinz Box
who was present.
The Respondent was present and also represented his wife, Maria A. Alonzo.
Deyanira Anzualda served as translator.
Violation(s): Ord. 04-41 as amended, Sec, 4.05.03(A)
Vehicles parked on grass next to driveway
Violation address: 2811 47'h Terrace SW
3
October 5, 2007
A Stipulation had been agreed to by the Respondent on behalf of his wife. Maria A. Alonzo.
and himself
The Investigator stated the violations had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation did
exist but had been eORREeTED prior to today's Hearing, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to Operational eosts incurred during
the prosecution of this case ill the amount of$223.98 on before November 5,2007.
5. Case # 2007050326 - BCC vs. Graciela Guzman
The Hearing was requested by Collier County Code Enforcement Property Maintenance
Specialist Joe Mucha who was present.
The Respondent was also present.
Everaldo Guzman served as translator.
Violation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 950 Auto Ranch Road
A Stipulation had been agreed to by 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 had been eORRECTED prior to today's Hearing, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the Operational eosts
incurred during the prosecution of this case in the amount of$239.30 on or before
November 5, 2007.
20. Case # 2006110511- BCC vs. Oscar Garateio & Nircia Alvarez Garateio
The Hearing was requested by Collier County Code Enforcement Investigator Michelle
Scavone who was present.
Respondent, Nircia Alvarez Garatejo was present and also represented her husband, Oscar
Garatejo.
Violation(s): Ord, 04-41 as amended, Sec(s). 1.04.0l(B), 2.02.03 & 2.03.0l(B)
Tile stored on estates zoned area
Violation address: 3271 22"d Ave. NE, Naples, FL 34120
A Stipulation had been agreed to by the Respondent on behalf of her husband, Oscar
Garatejo and herself.
The Respondent stated her husband could not attend the Hearing due to injuries sustained
in an accident.
The Investigator stated the violations had not been abated.
4
October 5, 2007
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlL TY of the alleged violation(s) and were ordered to remove all tiles stored on the
property or to store the tiles within a completely enclosed structure on or before
October 12, 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. If the Respondents are unable to comply within this time frame, eode
Enforcement may hire a licensed contractor to remove the tile and the cost for the
abatement will be assessed to the Respondents.
eode Enforcement may request assistance from the Sheriff's Department is necessary.
The Respondents were ordered to pay Operational Costs incurred during the prosecution
of this case in the amount of $276.53 on or before November 5, 2007.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
21. Case # 2007030778 - BCC vs. Romana Liokova & Marian Yanko
The Hearing had been requested by the Collier County Code Enforcement Investigator
Patrick Baldwin who was present.
The Respondent was present and also represented her husband, Marian Yanko.
Violation(s): Ord. 04-41 as amended, LDC Sec. 1O,02.06(B) (I) (A), 1O.02.06(B) (I) (E),
& 10.02.06(B) (I) (E) (I)
Building permits
Violation address: 1530 31 ,[ St. SW
A Stipulation had been agreed to by the Respondent, Marion Vanko, on behalf of his wife,
Romana Lipkova, and himself
The Investigator stated the Respondent, Marian Vanko, had been present earlier but left
before the Hearing could be Heard.
The Respondent, Romana Lipkova, stated she was aware her husband signed the Stipulation.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlL TY of the alleged violation(s) and were ordered to either obtain a eollier eounty
Building Permit, inspections, and a Certificate of eompletion on or before
December 5, 2007, or to obtain a eollier eounty Demolition Permit, inspections, and
a Certificate of Occupancy on or before December 5, 2007, or afine of $200. 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 Respondents were ordered to pay Operational eosts incurred during the prosecution
of this case in the amount of $239.58 on or before November 5,2007.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation has been abated.
V. PUBLIC HEARINGS
B. Hearinl!s:
1. Case # 2007010925 - BCC vs. Gilbert Himelhoch & Denise Himelhoch
5
October 5, 2007
The Hearing had been requested by the Collier County Code Enforcement Environmental
Specialist Jen Waldron who was present.
The Respondents were not present.
Violation(s): Ord, 04-58 Sec. 7(2), 7(5)
Rental registration
Violation address: 519 Roma Ct.
The Special Magistrate noted the Respondents submitted a letter in which they admitted
violating the Ordinance. Due to illness, the Respondents asked for a reduction of the late
fees.
The Investigator stated the Collier County Rental Registration was due on June 30, 2006,
but was not paid until September 12, 2006. She further stated the late fees have not been
paid and the County was opposed to any reduction of the accrued late fees.
The Special Magistrate stated for the record that the Respondents' letter accused the
County of violating usury laws and indicated the Land Development Code was illegal.
The Special Magistrate explained usury laws only apply to situations where money has
been borrowed and unfair interest charged on the loan amount. The Special Magistrate
further stated implying that the Land Development Code is illegal is not an applicable
defense in this case.
Finding the Notice of Hearing had been properly served, and finding the violation
did exist but had been eORREeTED prior to today's Hearing, the Respondents
were found GUILTY of the alleged violation(s) and were ordered to pay the Rental
Registration late fees in the amount of$80.00 on or before December 5,2007.
The Respondents were ordered to pay the Operational eosts incurred during the
prosecutioll of this case in the amount of$289.36 on or before December 5,2007.
V. PUBLIC HEARINGS
A. Stipulations:
12. Case # 2007070334 - BCC vs. Thomas E. Lvons. Diane G. Lvons & Tracv A.
Lvons
The Hearing had been requested by the Collier County Code Enforcement Investigator
Glenn Karr who was present.
The Respondent, Tracy Lyons McCardle, was present and also represented her parents,
Thomas E. and Diane G. Lyons.
The Respondent's husband, John McCardle, was also present
Violation(s): Ord. 05-44 Sec. 6, 7, & 8 Litter
Violation address: 1236 Cooper Dr.
A Stipulation had been agreed to by the Respondent. Tracy Lyons McCardle, on behalf of
her parents. Thomas E. and Diane G. Lyolls, and herself.
The Special Magistrate asked ifthe other two owners had received Notice of the Hearing.
6
October 5, 2007
The Respondent stated she had not told her parents of the violation.
The Investigator stated he personally served the Notice of Violation upon the Respondent.
The Special Magistrate accepted the Stipulation subject to the Respondent providing a
letter from her parents stating they have been advised of the Hearing and have allowed
her to represent them.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlL TY of the alleged violation(s} and were ordered to remove all litter from the premises
on or before October /2, 2007, or a fine of $1 00.00 per day will be imposed for each day
the violatioll remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
The Respondents were ordered to pay Operational eosts illcurred during the prosecution
of this case in the amount of$2I7.10 on or before December 5, 2007.
The Respolldents are to notify the Illvestigator withill 24 hours of a workday to concur
the violation has beell abated.
13. Case # 2007070675 - BCC vs. Thomas E. Lvons. Diane G. Lvons & Tracv A.
Lvons
The Hearing had been requested by the Collier County Code Enforcement Investigator
Glenn Karr who was present.
The Respondent, Tracy Lyons McCardle, was present and also represented her parents,
Thomas E. and Diane G. Lyons.
The Respondent's husband, John McCardle, was also present
VioIation(s): Ord. 04-41 as amended Sec. 2.01.00(B)
Recurring violation of commercial vehicle(s)/equipment
Violation address: 1236 Cooper Dr.
A Stipulation had been agreed to by the Respondent, Tracy Lyons McCardle, on behalf
of her parents. Thomas E. and Diane G. Lyons. and herself
The Special Magistrate accepted the Stipulation subject to the Respondent providing a
letter from her parents stating they have been advised of the Hearing and have allowed
her to represent them.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s} and were ordered to remove the trailer from the
premises or store it in a completely enclosed structure on or before October 12, 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 Respondents were ordered to pay Operational eosts illcurred during the prosecution
of this case in the amoullt of$210.25 on or before December 5, 2007.
The Respondents are to 1l0tifY the Illvestigator within 24 hours of a workday to concur
the violation has been abated.
V. PUBLIC HEARINGS
B. Hearinl!s:
7
October 5, 2007
3. Case # 2007060361 - BCC vs. Laverne Moore
The Hearing was requested by Collier County Code Enforcement Investigator Reggie
Smith who was present.
The Respondent and Respondent's husband, Fred Martin, were also present.
Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A)
Recurring violation - vehicle parked on grass
Violation address: 5313 Trammell St.
The Investigator stated this was a recurring violation and referred to a previous violation
which occurred in 2006. He stated he did not have permission to enter the premises and
could not view the entire property to confirm whether or not there had been abatement or
additional violations.
The Investigator introduced a photograph which was marked as County Exhibit "A" and
admitted into evidence.
The Respondent stated she had added a mother-in-law suite onto her home. At the time
of the violation, the Respondent stated there were vehicles belonging to the construction
workers parked on the grass and in the driveway.
The Respondent introduced a bill of sale from Auto Village which was marked as
Respondent's Exhibit "I." The Respondent stated the violation was abated on August 8,
2007.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to park the vehicles on an
approved stabilized surface, or store the vehicles in a completely enclosed structure or
remove the vehicles from the property on or before October 8,2007, 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.
The Investigator requested access to the premises to inspect the entire property.
The Respondent was ordered to pay Operational eosts incurred during the prosecution
of this case in the amount of$192.36 on or before November 5, 2007.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation has been abated.
The Respondent stated she would allow the Investigator access to her property.
The Investigator stated he would be accompanied by a Collier County Sheriffs Deputy
or another Code Enforcement Investigator at the time of the re-inspection.
4. Case # 2007060362 - BCC vs. Laverne Moore
The Hearing was requested by Collier County Code Enforcement Investigator Reggie
Smith who was present.
The Respondent and Respondent's husband, Fred Martin, were also present.
Violation(s): Ord. 05-44 Sec. 6 Litter
Violation address: 5313 Trammell St.
8
October 5, 2007
The Investigator introduced several photographs which were marked as County Exhibits
"I" through "30" and were entered into evidence.
The Respondent stated she had a garage sale on June 8, 2007. The first site visit was on
June 11,2007 and the second visit was June 19,2007.
The Investigator stated that progress had been made, but litter still remained on the
property.
The Respondent introduced several documents which were marked as follows:
Exhibit "A" -list of garage sale items
Exhibit "B" - garage sale receipt
Exhibit "c" - Goodwill receipt
Exhibit "D" - garage sale permit
Exhibit "E" - dumpster
Exhibit "G" - six color photographs
Exhibit "H" - 8 additional photographs admitted with comments
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 October 11,2007, or afine of$50.00 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 eosts incurred during the prosecution
of this case in the amount of$238.16 on or before November 5,2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation has been abated.
The Special Magistrate requested the Respondents allow the Investigator to perform an on-site
inspection of their property on October 8, 2007 to determine if the violation had been abated.
RECESS: 11:45 AM
RECONVENED: 12:17 PM
V. PUBLIC HEARINGS
B. Hearinl!s:
8. Case # 2007050392 - BCC vs. Mil!uel Anzualda Jr.. Maria Anzualda a/k/a
Maria Del Pilar Anzualda
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent, Miguel Anzualdo, Jr., was also present.
Deyanira Anzualda served as translator for her father.
Violation(s): Ord. 05-44 Sec. 6, 7 & 8
Prohibited accumulation of litter
9
October 5, 2007
Violation address: 1216 N, 18th St.
The Respondent stated he is divorced from his wife, Maria Anzua1da, a/k/a Maria Del Pilar
Anzualda, and is the sole owner of the property.
The Investigator introduced photographs of the property which were marked as County
Composite Exhibits "A" and "B" and introduced into evidence.
The Respondent stated his former wife had been told about the Hearing and had removed
three vehicles from the property. The Respondent further stated he is permanently disabled
and cannot afford to pay the Operational Costs.
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 on or before October /2,2007, 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.
If the Respondent is unable to comply within this time frame, Code Enforcement may
hire a licensed contractor to remove the litter and the cost for the abatement will be
assessed to the Respondent.
The Special Magistrate determined if the Respondent removed the litter on or before
October /2, 2007, the Operational eosts would be waived.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation has been abated.
The Special Magistrate further stated if compliance is not achieved, payment of the
Operational Costs in the amount of $227.27 will be imposed. Payment would be due
on or before November 5, 2007.
9. Case # 2007050436 - BCC vs. Mi{!uel Anzualda Jr.. Maria Anzualda a/k/a
Maria Del Pilar Anzualda
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent, Miguel Anzualdo, Jr., was also present.
Deyanira Anzualda served as translator for her father.
Violation(s): Ord. 04-41 as amended, Sec. 2,01.00(A)
Unlicensed/inoperable vehicles
Violation address: 1216 N, 18th St.
The Investigator introduced photographs of the property which were marked as County
Composite Exhibits "A" through "G" and introduced into evidence.
The Respondent stated he was unaware of his responsibility to change the title of the
Property, but would do so immediately.
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 current valid
license plates on all vehicles, or store the vehicles in a completely enclosed structure,
or remove the vehicles from the property on or before October 12, 2007, or a fine of
10
October 5, 2007
$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 within this time frame, eode Enforcement may
hire a licensed contractor to remove the vehicles and the cost for the abatement will be
assessed to the Respondent.
The Special Magistrate determined if the Respondent complied on or before
October 12, 2007, the Operational eosts would be waived.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation has been abated.
The Special Magistrate further stated if compliance is not achieved, payment of the
Operational eosts in the amount of$231.80 will be imposed. Payment would be due
on or before November 5, 2007.
10. Case # 2007080434 - BCC vs. Mario Trupiano & Marv R. Trupiano
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent, Mario Trupiano, was present and also represented his wife, Mary R.
Trupiano.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Recurring violation - unlicensed vehicles
Violation address: 2100 Hunter Blvd.
The Investigator introduced photographs which were marked as County Composite
Exhibit "A" and introduced into evidence.
The Respondent stated the vehicle belonged to a tenant who had been evicted.
The Investigator stated the violation had been abated, but requested assessment of a
civil fine of$600 in addition to payment of the Operational Costs.
The Special Magistrate reduced the civil fine to $400.00.
Finding the Notice of Hearing had been properly served, and finding the violation
did exist but was CORREeTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation(s} and was ordered to pay a civil fine in the amount
of $400.00 on or before January 5,2008.
The Respondent was ordered to pay Operational eosts incurred during the prosecution
of this case in the amount of$274.24 on or before January 5, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
7. Case # 2006100235 - BCC vs. Kellv E. Capolino
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli. Property Maintenance Specialist Joe Mucha was
present.
11
October 5, 2007
The Respondent was also present.
Violation(s): Ord. 04-58 Sec, 6, Subsections 8 - II, l2A - C, 121- M, 120-Q, 19A-D, & 20
Property maintenance and housing
Violation address: 2721 Van Buren Ave, Naples, FL 34112
Code Enforcement Investigative Supervisor Patricia Petrulli stated the Operational Costs
of $220.42 had been paid.
The County requested assessment of fines in the total amount of$27,500.00 for the
period from May 3,2007 through August 21,2007 (110 days @ $250/day).
The Respondent stated she had initially tried to save the buildings. However, when she
realized she could not, she applied to the County for a permit, she waited I \12 months to
meet with the Building Department and to obtain estimates for construction. She
stated the police were called to evict a tenant from the premises. The cost of demolition
was $15,000, and then the County required the vacant property to be filled and graded at
an additional cost of $3,000.00.
Supervisor Petrulli stated, in recognition of the delays, the County would reduce the amount
to $9,750.00 (39 days at $250/day).
The Special Magistrate determined the Respondent should receive credit for the amount
spent to grade and fill the vacant lot which would reduce the lien to $6,750.00.
Property Specialist Mucha stated the Respondent did maintain contact with him during
and was very cooperative during the entire process.
The Special Magistrate determined the Respondent should receive credit for the cost of
demolition ($15,000) which eliminated the remaining indebtedness to the County.
9. Case # 2005010437 - BCC vs. Jaime GutIerrez
The County was represented by Collier County Code Enforcement Investigative Supervisor
Patricia Petrulli
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec, 1O.02.06(B){I)(D), 104, I & 105.5
Unpermitted garage conversion/electrical
Violation address: 1369 Hilltop Dr., Naples, FL 34103
Code Enforcement Investigative Supervisor Patricia Petrulli stated the Operational Costs
of $110.74 had been paid.
The County requested assessment of fines in the total amount of$5,550 for the period
from May 4, 2005 through August 23, 2005 (II 0 days @ $50/day)
The Respondent stated when he purchased his home in 2004, the garage conversion had
been started by the seller, He further stated when he tried to obtain a permit, he was told he
needed architectural drawings as well as an engineering inspection. He stated he paid a
"contractor" $2,500 to cornplete the work, but the contractor left without doing any work.
12
October 5, 2007
He then hired someone to assist him to obtain the permits.
Supervisor Petrulli stated the County would reduce the amount to $3,300 (55 days at
$50/day).
The Special Magistrate determined the Respondent should receive a credit of $1,500.00
The Special Magistrate GRANTED the eounty's motion for the imposition of fines,
but reduced the total amount to $1,800.00.
The Respondent was ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
V. PUBLIC HEARINGS
B. Hearin!!s:
6. Case #2007070077- BCC vs. Nadva W. Nick Trust
The Hearing was requested by Collier County Code Enforcement Investigator Mario
Bono who was present.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 7(1-8)
Rental registration
Violation address: 3150 Connecticut Ave.
The Investigator stated the violations had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation
did exist but had been CORREeTED prior to today's Hearing, the Respondent was
found GUILTY of the alleged violation(s} and was ordered to pay the Operational
eosts incurred during the prosecution of this case in the amount of$203.22 on or
before November 5, 2007.
7. Case # 2007080321- BCC vs. Jon C. Harmonv & Nancv B. Harmonv.
Constance Harmonv Rev Tr.
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondents were not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B)
Recreational Vehicles
Violation address: 402 Grenada Ave.
The Investigator stated proper notice had not been served and requested a Continuance.
The Special Magistrate GRANTED the eounty's request for a eontinuance.
15. Case # 2007070544 - BCC vs. Elsa M. Flores & Carlos Flores
[3
October 5, 2007
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez who was present.
The Respondents were not present.
VioIation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 4650 25th Ct. SW
The Investigator stated Notice of Violation had been posted at both the property and at
the Courthouse.
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 current eollier
eounty Rental Registration and to pay all late fees on or before October 19,2007, or
afine of$25.00 per day will be imposedfor each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational eosts incurred during the prosecution
of this case in the amount of $241.33 on or before November 5, 2007.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation has been abated.
16. Case # 2007070771 - BCC vs. Fernando Rodri!!uez
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez who was present.
The Respondent was not present.
Violation(s): Ord. 03-37 Sec(s). 5A, 5B & 5C
Right-of- Way permits
Violation address: 1737 42,d St. SW
The Investigator introduced a photograph of the driveway which was marked as County
Exhibit "A" and introduced into evidence.
The Investigator stated he served the Notice of Hearing via certified mail and received
delivery confirmation from the US Postal Service. He further stated he posted the Notice
of Hearing at both the property and the Courthouse on September 13, 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 a eollier eounty Right-
of-Way Permit, all required inspections and approval, or to restore the right-of-way to
its original condition on or before October /2,2007, or afine of$200.00 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 eosts incurred during the prosecution
of this case in the amount of$227.55 on or before November 5,2007.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation has been abated.
14
October 5, 2007
17. Case #2007060682 - BCC vs. Peter E. Thomas
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey who was present.
The Respondent was not present.
VioIation(s): Ord. 05-44 as amended, Sec. 7
Accumulation of litter
Violation address: 748 96th Ave. N.
The Investigator presented several photographs which were marked as Composite County
Exhibits "A" through "E" and were admitted into evidence. He stated he met with the
Respondent's adult son, Scott, who refused to sign the Notice of Violation. He sent the
Notice via certified mail but the envelope was returned as "unclaimed." Both the property
and the Courthouse were posted.
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
premises on or before October 12, 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.
If the Respondent is unable to comply within this time frame, eode Enforcement may
hire a licensed contractor to remove the vehicles and the cost for the abatement will be
assessed to the Respondent.
eode Enforcement may request assistance from the Sheriff's Department if deemed
necessary.
The Respondent was ordered to pay Operational Costs incurred during the prosecution
of this case in the amount of $232.12 on or before November 5,2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur
the violation has been abated.
18. Case #2007060683 - BCC vs. Peter E. Thomas
The Hearing was requested by Collier County Code Enforcement Investigator Stephen
Athey who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, LDC Sec. 2.0I.OO(A)
Unlicensed vehicleCs)
Violation address: 748 96th Ave. N.
The Investigator stated the violations had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation
did exist but had been CORREeTED prior to today's Hearing, the Respondent was
found GUILTY of the alleged violation(s) and was ordered to the Operational eosts
incurred during the prosecution of this case in the amount of $232.12 on or before
November 5, 2007.
]5
October 5, 2007
19. Case #2007080521 - BCC vs. Merest Exilhomme
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Repeat Violation: Unlicensed/inoperable vehicles
Violation address: 8485 Bayshore Dr., Naples, FL 34112.
The Investigator stated the violation had been abated. He requested assessment of a civil
penalty in the amount of$250.00 because it was a repeat violation.
Finding the Notice of Hearing had been properly served, and finding the violation
did exist but had been CORREeTED prior to today's Hearing, the Respondent was
found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in
the amount of$250.00 on or before November 5,2007.
The Respondent was ordered to pay the Operational Costs incurred during the
Prosecution of this case in the amount of $204. 24 on or before November 5, 2007.
C. Emerl!encv Cases: None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2006100596 - BCC vs. Sidnev Kimble
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli. Investigator Michaelle Crowley was also present.
The Respondent was not present.
Violation(s): Ord, 04-41 as amended, Sec(s). 2.01.00(A) and 4.05.03(A)
Inoperable/unlicensed vehicles
Ord. 04-58 Sec. 6(17)
Parking on the grass
Violation address: 156 Jeepers Dr., Naples, FL 34112
The County requested assessment of Operational Costs in the amount of$IIO.78,
together with fines in the amount of $1 ,300.00 for the period from March 21, 2007
through April 16, 2007 (26 days @$50/day) for a total amount of$I,4l0.78.
The Special Magistrate noted the Ordinance and Sections were different than on the
Agenda. Supervisor Petrulli stated the referenced Ordinance was correct.
Investigator Crowley stated Ordinance 04-58 referred to a second violation of parking
on the grass.
The Special Magistrate GRANTED the eounty's motion for the imposition offines
16
October 5, 2007
in the total amount of $1,410.78 (including Operational eosts).
The Respondent was ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
3. Case # 2007050065 - BCC vs. Jeanette Luther & Adeline Fourine
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli. Investigator Glenn Karr was also present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B)
Recreational vehicles
Violation address: 6130 Cypress Hollow Way, Naples, FL 34109
The County requested assessment of Operational Costs in the amount of$282.55,
together with a civil fine in the amount of$400.00 for a total amount of$682.55.
Supervisor Petrulli stated the violation had been abated.
The Special Magistrate GRANTED the eounty's motion for the imposition offines
in the total amount of $682.55 (including Operational Costs).
The Respondents were ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
2. Case # 2006080581 - BCC vs. Bernadino Guerrero, Jr.
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli, Investigator John Santafemia was also present.
The Respondent not present.
Violation(s): Ord. 04-58 Sec. 6 Subsec. 121 & 19A
Property maintenance and housing
Violation address: 1407 Apple St., Immokalee, FL 34142
The County requested assessment of Operational Costs in the amount of$137,63
together with fines in the amount of$47,500 for the period from March 18,2007
through September 24, 2007 (I 90 days @ $250/day) for a total amount of
$47,637.63.
Supervisor Petrulli said the violations have not been abated and fines were accruing
on a daily basis.
The Special Magistrate noted she had granted the Respondent five months to come into
compliance.
The Special Magistrate GRANTED the eounty's motion for the imposition of fines
in the total amount of $47, 637. 64 (including Operational eosts).
The Respondent was ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
5. Case # 2007030091 - BCC vs. Andrew Saval!e & HaUev A. Saval!e
17
October 5, 2007
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli, Investigator Thomas Keegan was also present.
The Respondent was not present.
Violation(s): Ord. 05-44 Sec. 6, 7 & 8 Litter
Violation address: 4002 Cindy Ave., Naples, FL 34112
The County requested assessment of Operational Costs in the amount of$249.89,
together with a civil fine in the amount of $1 00.00 for a total amount of $349.89.
Supervisor Petrulli stated the violation had been abated.
The Special Magistrate GRANTED the County's motion for the imposition offines
in the total amount of $349. 89 (including Operational Costs).
The Respondent was ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
6. Case # 2006120658 - BCC vs. Patricia Swallow
The County was represented by Collier County Code Enforcement Investigative
Supervisor Patricia Petrulli. Investigator Patrick Baldwin was also present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A\
Inoperable/unlicensed vehicles
Violation address: 3560 25th Ave. SW
The County requested assessment of Operational Costs in the amount of$258.95,
together with fines in the amount of$3,600 for the period from July 14, 2007 through
September 24, 2007 (72days @ $50/day) for a total amount of$3,858.95.
Supervisor Petrulli said the violations have not been abated and fines were accruing
on a daily basis.
The Special Magistrate GRANTED the eounty's motion for the imposition offines
in the total amount of$3,858.95 (including Operational eosts).
The Respondent was ordered to pay this fine on or before January 5, 2008, or the
eounty will proceed with enforcement of the lien.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA - None
IX. REPORTS - The Special Magistrate announced there would not be a Hearing on
December 21,2007.
18
October 5, 2007
X. NEXT MEETING DATE - October 19, 2007
The Special Magistrate announced the October 19th Hearing would be held at the
eoullty's eommunity Development & Environmental Services (eDES) offices located
at 2800 N. Horseshoe Drive.
*****
There being no further business for the good of the County, the Hearing was adjourned by order
of the Special Magistrate at 2:18 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Special Magistrate Brenda Garretson
These Minutes were approved by the Special Magistrate on
as presented , or as amended
19