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CESM Minutes 11/02/2007 November 2, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, November 2, 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 Conference Room #6 I 0 of the Collier County Community Development and Environmental Services Building, located at 2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: SECRETARY TO THE SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin STAFF PRESENT: Jeff Wright, Assistant Collier County Attorney Patti Petrulli, Code Enforcement Investigative Supervisor Arlene Harper, Code Enforcement Administrative Secretary -. '--'-"~--'-~---_..._._._---_._-,--,- HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRA TE AGENDA Date: November 2, 2007 at 8:30 A.M. Location: 2800 North Horseshoe Drive, Naples, Florida, Community Development and Environmental Services Room 609/610 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 MAGISTRA TE 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 - October 19,2007 IV. MOTIONS A. Motions for Continuance V. PUBLIC HEARINGS A. Stipulations B. Hea rings I. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2004060676 RANDALL FREDRICKSON & PEGGY FREDRICKSON INVESTIGA TIVE SUPERVISOR PATRICIA PETRULLI ORD. 05-44 PROHIBITED ACCUMULA TION OF NON-PROTECTED MOW ABLE VEGETATION VIOLATION ADDRESS: 1327 MONARCH CIRCLE 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2006100544 BLANCA PENA INV. PATRICK BALDWIN ORD. 05-44 PROHIBITED ACCUMULA TION OF NON-PROTECTED MOW ABLE VEGETATION VIOLA TION ADDRESS: VACANT LOT, PARCEL #00340600005 .----...-__._____n._ ---"'_'___h..,._ _. 7. 8. 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007080045 JEAN CLAUDE MARTEL INV. THOMAS KEEGAN ORD. 04-41 AS AMENDED SEe. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLATION ADDRESS: 3205 KAREN DR 4. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070308 JUAN GUTIERREZ & MERRYLE ANN GUTIERREZ INV. JOHN CONNETTA ORD. 04-41 AS AMENDED SEe. 2.0 1.00( C) COMMERCIAL VEHICLE(S)/EQUIPMENT VIOLATION ADDRESS: 2660 53RD ST SW - FOLIO #36373320009 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007040718 DANIEL CHRISTIE INV. AZURE SORRELS ORD. 05-44 SEC. 6 & 7 LITTER VIOLATION ADDRESS: 31 OCHO RIOS ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070471 LENORA RICKNER INV. SUSAN O'FARRELL ORD. 04-41 AS AMENDED SEC. 3.05.08 & 4.06.05 ACCUMULATION OF PROHIBITED EXOTIC VEGETATION TO INCLUDE BRAZILIAN PEPPER ON AN IMPROVED PROPERTY. VIOLA TION ADDRESS: 9195 THE LANE CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007050876 TATlANA E. TANNEHILL & DIMITRI SOL TAN INV. ROB GANGULI ORD. 04-41 AS AMENDED SECS. 10.02.06(B)(I)(A), 1O.02.06(B)(I)(E) & 1 002.06(B)(1 )(E)(I); COLLIER COUNTY CODE OF LA WS AND ORDINANCES SECTION 22, ARTICLE II, SEC. 106.1.2; FLORIDA BUILDING CODE 2004 EDITION SEC. 105.1 & 105.7 BUILDING PERMITS VIOLA TION ADDRESS: 212 I 41 S1' TER SW.. FOLIO #30782360009 CASE NO: OWNER: OFFICER: VIOLATIONS: 2004050653 DANA WATSON INV. CRISTINA PEREZ ORD. 04-41 AS AMENDED SEe. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLA TION ADDRESS: 1660 SR 82 2 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007030186 GLEN E. COOK INV. CRISTINA PEREZ ORD. 05-44 SEC. 6, 7 & 8 LITTER VIOLATION ADDRESS: 904 TAYLOR TER 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007060080 ANTONIO TRUJILLO INV. ED MORAD ORD. 04-41 AS AMENDED SEC. I 0.02.06(B)( I )(A) ZONING ACTION ON BUILDING PERMITS VIOLATION ADDRESS: 2001 SUNSHINE BLVD II. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007081027 JOSEPH SHORT JR. & ANTOINETTE SHORT INV. ED MORAD ORD. 04-41 AS AMENDED SEC. 2.01.00(A) RECURRING VIOLA TION OF UNLICENSED/INOPERABLE VEHICLE(S) VIOLATION ADDRESS: 5482 26TH PL SW .. FOLIO #36322800004 12. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007030278 EVERARDO G. GUZMAN & GRACIELA C. GUZMAN INV. CHRISTOPHER AMBACH ORD. 04-41 AS AMENDED SEC. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLA TION ADDRESS: 510 AUTO RANCH RD 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070770 JUAN A. MATARIN INV. CARMELO GOMEZ ORD. 05-44 SEC. 6 & 7 UNLA WFUL LITTER & ACCUMULA TION OF LITTER VIOLA TION ADDRESS: 1771 45TH ST SW - FOLIO #35762560002 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070221 SAINTE JUSTE FLORESTANT & JOAN S. FLORESTANT INV. CARMELO GOMEZ ORD. 05-44 SEe. 6 & 7 UNLA WFUL LITTER & ACCUMULA TION OF LITTER VIOLA TION ADDRESS: 2831 47TH TER SW 3 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070252 HUMBERTO L. JAEN INV. JOHN SANTA FEMIA ORD. 04-58 SEC. 1,2,5,6,9, I 1,121, l2J, 120, 12P, I2R. 15, 19C & 20 NUMEROUS MINIMUM HOUSING VIOLATIONS VIOLATION ADDRESS: 824 98TH AVE N 16. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007050023 JANET PERALTA INV. JOHN SANTAFEMIA ORD. 04-58 SEC. 1,8,9, II, 12C, 121, 12N, 120, I2P, 19A, 19D & 20 NUMEROUS MINIMUM HOUSING VIOLATIONS VIOLA TION ADDRESS: 2365 55TH TER SW 17. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007080614 JESUS P. CASAS & ILDAMA VALDES INV. RENALD PAUL ORD. 04-41 AS AMENDED SEe. 4.05.03(A) VEHICLES PARKED ON THE FRONT YARD 14701 APALACHEE ST- FOLIO #25967802724 2007050969 FLORENCE RA YMONVIL INV. RENALD PAUL ORD. 05-44 SECS. 6, 7 & 8 LITTER VIOLA TION ADDRESS: 5270 GEORGIA AVE 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007040354 DESIGNERS' COLLECTABLES LLC, KEVIN G. COLEMAN, RIA INV. STEPHEN ATHEY ORD. 04-41 AS AMENDED SEC. 10.02.06(B)(I)(A), 10.02.06(B)(I)(E) & JO.02.06(B)(I)(E)(I); COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 22, ARTICLE II, SUBSECTIONS 104.1.3.5; FLORIDA BUILDING CODE 2004 EDITION SECS. 105.1 & 105.7 BUILDING PERMITS VIOLATION ADDRESS: 792 IIOTH AVE N 20. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007090069 RICHARD J. CACCIAGRANI INV. STEPHEN A THEY ORD. 04-4 I AS AMENDED SEe. 2.0 I.OO(B) RECREA TIONAL VEHICLE(S)/EQUIPMENT VIOLATION ADDRESS: 571 97TH AVE N - FOLIO #62644920005 4 21. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007050041 ANTHONY BRANCATO & LINDA BRANCATO INV. STEPHEN ATHEY ORD. 04-41 AS AMENDED SEC. 10.02.06(B)(I)(A), 10.02.06(B)(J)(E) & JO.02.06(B)(J)(E)(I); COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 22, ARTICLE II, SUBSECTIONS 104.1.3.5 & 106.1.2; FLORIDA BUILDING CODE 2004 EDITION SECS. 105.1 & 105.7 BUILDING PERMITS VIOLATION ADDRESS: 745 95TH AVE N 22. CASE NO: 2007090022 OWNER: JILL J. WEAVER OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLATION ADDRESS: 3080 V AN BUREN AVE - FOLIO #52700560005 23. CASE NO: 2007080079 OWNER: JILL J. WEAVER & HENRY TESNO OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC. 6 SUBSECS. 12B, 121 & I9B REPEAT MINIMUM HOUSING VIOLATION VIOLATION ADDRESS: 3205 LUNAR ST - FOLIO #53352360005 24. CASE NO: 2007080937 OWNER: JILL J. WEAVER & HENRY TESNO OFFICER: INV. JOE MUCHA VIOLA TIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLA TION ADDRESS: 3072 V AN BUREN AVE - FOLIO #52700600004 25. CASE NO: 2007090202 OWNER: JILL J. WEAVER OFFICER: INV. JOE MUCHA VIOLA nONS: ORD. 04-4 I AS AMENDED SEe. 2.0 I.OO(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLA nON ADDRESS: 3064 V AN BUREN AVE - FOLIO #52700640006 26. CASE NO: 2007080921 OWNER: JILL J. WEAVER OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC. 6 SUBSEe. 7, 121, 12L REPEAT MINIMUM HOUSING VIOLATION VIOLA TION ADDRESS: 3080 V AN BUREN AVE - FOLIO #52700560005 5 27. CASE NO: OWNER: OFFICER: VIOLA T10NS: 2007100196 JILL J. WEAVER INV. JOE MUCHA ORD. 04-58 SEC. 6 SUB SEC. I & 2 MINIMUM HOUSING VIOLATION ADDRESS: 3064 V AN BUREN AVE - FOLIO #52700640006 C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: I. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007040275 ,IILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SlJBSECS. 2, 3, 4, 5, 9, 10& II MINIMUM HOUSING VIOLA T10N ADDRESS: 3137 LUNAR ST 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007030057 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. 1,4,5,9,10, II, 12D, 12F, 12H, 121, 12K, 12L, 120, 12P. 19A, 19B & 20 MINIMUM HOUSING VIOLATION ADDRESS: 3145 LUNAR ST 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006081081 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEe. 6(2) MINIMUM HOUSING VIOLA TION ADDRESS: 3069 LUNAR ST 4. CASE NO: OWNER: OFFICER: VIOLA T10NS: 2007080993 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. I & 2 MINIMUM HOUSING VIOLA T10N ADDRESS: 3072 VAN BUREN AVE 6 5. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080702 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. I & 2 MINIMUM HOUSING VIOLATION ADDRESS: 3069 LUNAR ST 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050039 JILL J, WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. 1,2,5, 9, 10& II MINIMUM HOUSING VIOLATION ADDRESS: 3205 LUNAR ST 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006110049 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. 1,4,9, 10, I I, 12B, 121, I2K, 12L, 120, 12P, 19A, 12B,12D&20 MINIMUM HOUSING VIOLATION ADDRESS: 3132 VAN BUREN AVE 8. CASE NO: OWNER: OFFICER: VIOLA TlONS: 2007020244 JILLJ. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEe. 6 SUBSECS. 2, 3 & 9 MINIMUM HOUSING VIOLATION ADDRESS: 3069 LUNAR ST 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070378 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEe. 6 SUBSECS. I & 2 MINIMUM HOUSING VIOLA TION ADDRESS: 3140 VAN BUREN AVE 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: 2007070379 JILL J. WEAVER & HENRY TESNO INV. JOE MUCHA ORD. 04-58 SEC. 6 SUBSECS. I & 2 MINIMUM HOUSING VIOLATION ADDRESS: 3132 VAN BUREN AVE 7 VII. OLD BUSINESS VIII. CONSENT AGENDA A. Request to forward cases for Collections / Foreclosure. IX. REPORTS X. NEXT MEETING DATE: November 16, 2007 XI. ADJOURN 8 November 2, 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 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: 9:10 AM RECONVENED: 9:25 AM II. APPROVAL OF AGENDA Arlene Harper, Code Enforcement Administrative Secretary, proposed the foIl owing changes: (a) There was a new Heading added under Item IV, "Motions" - "B. Motions for Waiver of Fines/Costs" with the following cases to be heard under that Heading: . Case # 2004060676 - BCC vs. Randall Fredrickson & Peggy Fredrickson . Case # 2006100544 - BCC vs. Blanca Pena (b) In Case # 2007050879 - BCC vs. Tatiana E. Tannehill & Dimitri Soltan, the folio number was changed to 35740720000. (c) Case # 2007060080 - BCC vs. Antonio Trujillo was WITHDRAWN by the County due to compliance. (d) Case # 2007070770 - BCC vs. Juan A. Matarin was WITHDRAWN by the County due to new ownership of the property (e) In Case #2007070252 - BCC vs. Humberto L. Jaen and in Case # 2007050023 - BCC vs. Janet Peralta, Section 6 was added, following the Ordinance number. Sue Chapin, Secretatry to the Special Magistrate, added that Assistant County Attorney Jeff Wright would be explaining "Affirmative Defenses" under "Reports." 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 Sue Chapin stated there was an error in a case number under "Motions for Continuance." The correct case number for Agenda Item #31 is 2007020828 instead of 2007050828. The Minutes of the Hearings held on October 19, 1007 were reviewed by the Special Magistrate and approved as amended. 2 November 2, 2007 The Special Magistrate asked Sue Chapin to identify the Agenda Number for each Stipulation and the order in which it would be heard: 18,4,11,17,6,12, and 8. IV. MOTIONS A. Motions for Continuance: 19. Case # 2007040354 - BCC vs. Desi!!ners' Collectables LLC Kevin G. Coleman. RIA The Special Magistrate stated the Respondent, who was not present, had submitted a letter requesting a Continuance. The Special Magistrate stated since a health issue was involved, she would allow the Motion to be heard even though the letter was not submitted on a timely basis. Collier County Code Enforcement Investigator Stephen Athey stated the County would not oppose a Continuance being granted, Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the Respondents' Request for a Continuance. 1. Case # 2004060676 - BCC vs. Randall Fredrickson & Pe!!!!v Fredrickson The Special Magistrate stated the Respondents, who was not present, had submitted a letter requesting a Continuance. Collier County Code Enforcement Director Michele Arnold stated the County would not oppose a Continuance being granted. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the Respondents' Request for a Continuance. B. Motions for Waiver of Fines/Costs: 2. Case # 2006100544 - BCC vs. Blanca Pena The Special Magistrate stated the Hearing was requested by the Respondent who was not present. Arlene Harper stated the Respondent had received Notice via certified mail and posting of the property. Code Enforcement Director Michele Arnold stated the Respondent requested a waiver of the payment of the $200 in administrative costs associated with the nuisance abatement case. She stated the County would object to the fee being waived. The Special Magistrate stated she would make the Respondent's letter a part of the record, and noted the Respondent had previously refused to accept the certified mail sent to the property address. The Special Magistrate stated there was no legal or factual reason to grant the Respondent's Request for a Waiver. 3 November 2, 2007 Finding the Notice of Hearing had been properly served, the Special Magistrate DENIED the Respondent's Request for a Waiver of Fines. V. PUBLIC HEARINGS A. Stipulations: 18. Case # 2007050969 - BCC vs. Florence Ravrnonvil The Hearing was requested Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): Ord. 05-44 Sec. 6, 7 & 8 Litter Violation address: 5270 Georgia Ave, A Stipulation had been agreed to by Respondent on October 23, 2007, The Investigator stated the violations had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) 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 $241. 92 on or before December 2,2007. 4. Case # 2007070308 - BCC vs. Juan Gutierrez & Merrvle Ann Gutierrez The Hearing was requested Collier County Code Enforcement Investigator John Connetta who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(C) Commercial vehic1e(s)/equipment Violation address: 2660 53rd St. SW A Stipulation had been agreed to by the Respondent on October 26, 2007. The Investigator stated the Respondent, Juan Gutierrez, was the sole owner of the property according to the County Appraiser's records. He also stated the violation had been abated. The Special Magistrate stated the correction would be made for the record. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent wasfound GUILTY of the alleged violation(s) and was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$192.57 on or before December 2,2007. 4 November 2, 2007 11. Case # 2007081027 - BCC vs. Joseph Short. Jr. & Antoinette Short The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondenls were not present. Violation(s): Ord, 04-41 as amended, Sec. 2.01.00(A) Recurring: Unlicensed/inoperable vehicie(s) Violation address: 5482 26th PI. SW A Stipulation had been agreed to hy the Respondent, Joseph Short, Jr., on behalf of his wife. Antoinette Short, and himself on Octoher 30, 2007. The Investigator stated this was a recurring violation and requested assessment of a civil fine of$100.00 in addition to payment of the Operational Costs. 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 a civil fine of $1 00. 00 on or before December 2,2007; the Respondents were ordered to obtain and affIX current, valid license plates on all vehicles or to remove all vehicles without current, valid license plates on or before November 7, 2007, or a fine 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 Respondents are to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 17. Case # 2007080614 - BCC vs. Jesus P. Casas & lIdama Valdez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was present and also represented his wife, Ildama Valdez. Collier County Code Enforcement Investigator Cristina Perez served as translator. Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A) Vehicies parked on the front yard Violation address: 14701 Apalachee St. A Stipulation had been agreed to by Respondent, Jesus P. Casas, on behalf of his wife, lldama Valdez, and himself The Investigator stated the violation has been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine in the amount of$213.25 on or before December 2, 2007. 5 November 2, 2007 6. Case # 2007070471 - BCC vs. Lenora Rickner The Hearing was requested by Collier County Code Enforcement Investigator Susan O'Farrell who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec.3.05.08 & 4.06.05 Accumulation of prohibited exotic vegetation to include Brazilian pepper on an improved property Violation address: 9195 The Lane, Naples, FL 34109 A Stipulation had been agreed to the Respondent. The Investigator stated this was a recurring violation. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all exotics planting from the property on or before January 2, 2008, 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 $231.01 on or before December 2,2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 12. Case # 2007030278- BCC vs. Everardo G. Guzman and Graciela C. Guzman The Hearing had been requested by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was present and also represented his wife, Graciela C. Guzman, Collier County Code Enforcement Investigator Cristina Perez served as translator. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicle(s) Violation address: 510 Auto Ranch Rd., Naples, FL 34114 A Stipulation had been agreed to by the Respondent, Everardo G. Guzman, on behalf of his wife, Graciela C. Guzman, and himself. The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain and affIX current, valid license plates on all vehicles or to remove all vehicles without current, valid license plates on or before November 23,2007, 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 Respondents are unable to comply within this time frame, Code Enforcement may hire a licensed towing company to remove the vehicles with assistance from the Collier County Sheriff's Office, if required, and the cost for the abatement will be assessed to the Respondents. 6 November 2, 2007 The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amountof$277.45 on or before December 2,2007. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 8. Case # 2004050653 - BCC vs. Dana Watson The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez who was present. The Respondent was not present, but was represented by her son, Richard Martinez. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Violation address: 1660 SR 82, Immokalee, FL 34142 The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain and affIX a current license plate for each vehicle/trailer, or to repair each vehicle/trailer making them operable, or to store the vehicles within a completely enclosed structure, or to remove the vehicles from the property on or before November 9,2007, 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. If the Respondent is unable to comply within this time frame, Code Enforcement may hire a licensed towing company to remove the vehicles with assistance from the Collier County Sheriff's Office, if required, and the cost for the abatement will be assessed to the Respondent. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $433. 74 on or before December 2,2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. V. PUBLIC HEARINGS A. Hearin!!s: 3. Case # 2007080045 - BCC vs. Jean Claude Martel The Hearing was requested Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicle(s) Violation address: 3205 Karen Drive The Investigator stated the violation(s) had not been abated. 7 November 2, 2007 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain and affIX a current license plate for each vehicle/trailer or to repair each vehicle/trailer making them operable or to store the vehicles within a completely enclosed structure or to remove the vehicles from the property on or before November 5,2007, 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 within this time frame, Code Enforcement may hire a licensed towing company to remove the vehicles with assistance from the Collier County Sheriff's Office, ifrequired, and the cost for the abatement will be assessed to the Respondent. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $216. 80 on or before January 2,2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 7. Case # 2007050876 - BCC vs. Tatiana E. Tannehill & Dimitri Soltan The Hearing was requested by Collier County Code Enforcement Investigator Rob Ganguli who was present. The Respondent was also present. The Respondent's daughter, Natalia Opalatenko, served as translator. Violation(s): Ord. 04-41 as amended, Secs. 1O.02.06(B)(I)(A), 1O.02.06(B)(1)E) & 1O.02.06(B)(1)(E)(I); Collier County Code of Laws and Ordinances Section 22, Article 1I, Sec. 106.1.2; Florida Building Code 2004 edition Sec. 105.1 & 105.7 Building permits Violation address: 2121 41" Terr. SW The Investigator presented several photographs of the property which were marked as County Composite Exhibit "I," A through F, and entered into evidence. The Respondent's daughter stated the Respondent's husband, Dimitri Soltan, had left the area in August and that the Respondent was not aware of the problems at this property until very recently. She also stated the Respondent retained an attorney and will be filing for bankruptcy due to the financial situation caused by her husband. 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 Collier County Building Permit, all required inspections and a Certificate of Occupancy, or to obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion on or before December 2,2007 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 Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $281.95 on or before January 2,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 8 November 2, 2007 9. Case # 2007030186 - BCC vs. Glen E. Cook The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez who was present. The Respondent was not present but was represented by his son, Robert Cook. Violation(s): Ord. 05-44, Sec. 6, 7 & 8 Litter Violation address: 904 Taylor Terr., Immokalee, FL 34142. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of $249.11 on or before December 2, 2007. RECESS: 10:45 AM RECONVENED: 11:00 AM V. PUBLIC HEARINGS B. Hearings: 5. Case # 2007040718 - BCC vs. Daniel Christie The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ord. 05-44 Sec. 6 & 7 Litter Violation address: 31 Ocho Rios St., Naples, FL 34114 The Investigator introduced three photographs which were marked as County Exhibits "I" (blue tarp), "2" (lawnmower), and "3" (bags under mobile home) and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all litter from the property on or before November 9,2007, 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. If the Respondent is unable to comply within this time frame, Code Enforcement may hire a licensed contractor to remove the litter with assistance from the Collier County Sheriff's Office, if required, and the cost for the abatement will be assessed to the Respondent. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $235. 16 on or before December 2,2007. 9 November 2, 2007 The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 14. Case # 2007070221- BCC vs. Sante Juste Florestant & Joan E. Florestant The Hearing was requested by Collier County Code Enforcement Investigator Carmelo Gomez who was present. The Respondents were not present. Violation(s): Ord. 05-44 Sec, 6 & 7 Unlawful litter and accumulation of litter Violation address: 2831 47'h Terr. SW, Naples, FL 34116 The Investigator stated the violation(s) had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to cease all future litter violations and to pay a civil fine in the amount of $259. 80 on or before December 2,2007. 15. Case # 2007070252 - BCC vs. Humberto L. Jaen The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was also present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 6, Subsec. 1,2,5,6,9, II, 121, 12J, 120, 12P, 12R, 15, 19C & 20 Numerous minimum housing violations Violation address: 824 98th Ave. N. The Investigator presented several photographs which were marked as County Exhibits" I " through "10" and were entered into evidence. The Investigator introduced County Maintenance Inspection Report which was marked as Exhibit" II" and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered by correcting all minimum housing violations as noted in the County's Inspection Report on or before November 9, 2007 or afine of $250. 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$337.08 on or before December 2,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 10 November 2, 2007 16. Case # 2007050023 - BCC vs. Janet Peralta The Hearing was requested Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was not present. VioIation(s): Ord. 04-58 Sec. 6, Subsecs. 1,8,9, II, 12C, 121, 12N, 120, 12P, 19A, 19D & 20 Numerous minimum housing violations Violation address: 2365 55th Terr. SW The Investigator presented several photographs which were marked as County Exhibits" I " through "9" and were entered into evidence. The Investigator introduced County Maintenance Inspection Report which was marked as Exhibit "10" and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered by correcting all minimum housing violations as noted in the County's Inspection Report on or before November 9,2007 or afine of $250. 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$323.20 on or before December 2,2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 20. Case # 2007090069 - BCC vs. Richard J. Caccial!rani The Hearing was requested by Collier County Code Enforcement Investigator Stephen Athey who was present. The Respondent was not present. VioIation(s): Ord, 04-41 as amended, Sec. 2.01.00(B) Recreational vehicle(s)/equipment Violation address: 571 97th Ave. N. The Investigator stated the violation(s) had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondent wasfound GUILTY of the alleged violation(s) and was ordered to cease future vehicle violations and to pay a civil fine in the amount of $206.54 on or before December 2,2007. 21. Case # 2007050041 - BCC vs. Anthonv Brancato & Linda Brancato The Hearing was requested by Collier County Code Enforcement Investigator Stephen Athey who was present. The Respondents were not present. 11 November 2, 2007 Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(I)(A), 1O.02.06(B)(I)(E) & 1O.02.06(B)(I)(E)(I); Collier County Land Development Code, Section 22, Article II, Subsections 104.1.3.5 & 106.1.2; Florida Building Code 2004 Edition Sees. 105.1 & 105.7 Building permits Violation address: 745 95th Ave. N. The Investigator stated the Notice of Violation was posted on July 19,2007. On August 14, he was contacted by the property owner who stated he lived out of state. The owner also stated he would hire a local contractor to abate the violations. The Investigator stated the violations have not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to obtain a Collier County Building Permit on or before November 16, 2007 and to obtain a Certificate of Completion on or before January 2, 2008, or a fine 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 Costs incurred during the prosecution of this case in the amount of $214. 18 on or before December 2,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 22. Case # 2007090022 - BCC vs. Jill J. Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, See, 2.01.00(A) Unlicensed/inoperable vehicle(s) Violation address: 3080 Van Buren Ave., Naples, FL 34112 The Investigator introduced a photograph which was marked as County Exhibit "A" and Composite Exhibit "B" (I and 2) and admitted into evidence. The Investigator stated even though the violation had been abated, he requested assessment of a civil penalty in the amount of $500.00 because it was a repeat violation. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of $500.00 on or before December 2, 2007. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$234.11 on or before December 2,2007. 12 November 2, 2007 23. Case # 2007080079 - BCC vs. Jill J. Weaver & Henrv Tesno The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 12B, 121 & 19B Repeat: Minimum housing violations Violation address: 3205 Lunar St., Naples, FL 34112 The Investigator stated this is a repeat violation and the property is a vacant mobile home. He introduced photographs which were marked as County Composite Exhibit "A," I - 7, and entered into evidence. The Investigator stated he posted the Notice of Hearing at the property on October 16, 2007 because the violations had not been abated. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine of $1,000.00 on or before December 2, 2007. The Respondents were ordered to repair all broken windows and the hole in the exterior wall of the mobile home on or before November 9, 2007, or afine of $350. 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 must also remove all litter from the premises or properly store items within an enclosed structure on or before November 9, 2007, or a fine of $350.00 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, Code Enforcement may hire a licensed contractor to remove the litter with assistance from the Collier County Sheriff's Office, if required, and the cost for the abatement will be assessed to the Respondents. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$24I. 79 011 or before December 2,2007. The Respondellts are to notifY the Investigator withill 24 hours or a workday to concur the violation had been abated. 24. Case # 2007080937 - BCC vs. Jill J. Weaver & Henrv Tesno 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. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicle(s) Violation address: 3072 Van Buren Ave., Naples, FL 34112 The Investigator introduced photographs which were marked as County Composite Exhibit "A," 1- 2, Exhibit "B," and Exhibit "c" (Honda) and admitted into evidence. The Investigator stated the violations had been abated, but he requested a civil fine of $500 since this was a repeat violation, 13 November 2, 2007 Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondents were found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of $500. 00 on or before December 2, 2007. The Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $249.56 on or before December 2,2007. 25. Case # 2007090202 - BCC vs. Jill J. Weaver & Henrv Tesno 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. 04-41 as amended, Sec. 2.0I.00(A) Unlicensed/inoperable vehicle(s) Violation address: 3064 Van Buren Ave., Naples, FL 34112 The Investigator introduced photographs which were marked as County Exhibit "A," and admitted into evidence. The Investigator stated the violations had been abated but he requested a civil fine of $500 since this was a repeat and recurring violation. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior the Hearing, the Respondents were found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of $500.00 on or before December 2, 2007. The Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$229.04 on or before December 2,2007. 26. Case # 2007080921- BCC vs. Jill J. Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 6, Subsec, 7, 121, 12L Repeat: Minimum housing violation Violation address: 3080 Van Buren Ave., Naples, FL 34112 The Investigator presented photographs which were marked as County Composite Exhibit "A," I - 3, and admitted into evidence. The Investigator stated this was a repeat violation and requested assessment of a civil penalty in the amount of$I,OOO.OO. On October 9,2007, the Investigator attempted to contact the property owner at her residence. On October 16, 2007, he posted the property and prepared the case for hearing. 14 November 2, 2007 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of $1,000. 00 on or before December 2, 2007. The Respondent was ordered to repair or replace all broken windows and provide screens for all windows, as needed, on or before November 9, 2007, or afine of $350. 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 by Code Enforcement during the prosecution of this case in the amount of$247.07 on or before December 2,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 27. Case # 2007100196 - BCC vs. Jill J. Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Ord. 04-58 Sec. 6, Subsec. I & 2 Minimum housing violation Violation address: 3064 Van Buren Ave., Naples, FL 34112 The Investigator stated the water service to this location had been turned off. This is a health and safety issue and a repeat violation. The property owners refused to speak with the Investigator. On October 10, 2007, the Investigator attempted to contact the owners at their residence. The water service was restored on October 16,2070, because the tenant paid $330.55 to the City of Naples. The Investigator presented documentation from the City of Naples which was marked as County Exhibit "An and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILITY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of$500.00 on or before December 2, 2007. The Respondent was ordered to reimburse the tenant in the amount of $330.55 unless written proof could be supplied to the Office of the Special Magistrate on or before November 9, 2007, that the tenant was solely responsible for the payment of the water bill. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$236.81 on or before December 2,2007. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # 2007040275 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. 15 November 2, 2007 Violation(s): Ord. 04-58, Sec. 6, Subsecs. 2, 3, 4, 5, 9, 10 & 11 Minimum housing Violation address: 3137 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violation had been abated. The County requested imposition of Operational Costs in the amount of $245.21 together with a civil fine in the amount of$5,000, for a total fine of$5,245.21. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount to $5,245.21. 2. Case # 2007030057 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Vio1ation(s): Ord. 04-58, Sec. 6, Subsecs. 1,4,5,9, 10, 11, 12D, 12F, 12H, 121, 12K, 12L, 120, 12P, 19A, 19B & 20 Minimum housing Violation address: 3145 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violations had been abated by the County. The County requested assessment of Operational Costs in the amount of $312.59, together with a civil fine in the amount of$5,000, as well as fines in the amount of$21,250 for the period from July 3, 2007 through September 26, 2007 (85 days @$250/day), for a total fine of$26,562.59. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $26,562.59. 3. Case # 2006081081- BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli, Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6(2) Minimum housing Violation address: 3069 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violations had been abated. The County requested assessment of Operational Costs in the amount of $151.16, together with a civil fine in the amount of$I,OOO, for a total fine of$l, 151.16 16 November 2, 2007 The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of$I,151.16. 4. Case # 2007080993 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6 Subsecs. I & 2 Minimum housing Violation address: 3072 Van Buren Ave.. Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had not been abated and fines are continuing to accrue. The County requested assessment of Operational Costs in the amount of $314.82, together with a civil fine in the amount of $5,000, in addition to fines in the amount of $26,000 for the period from September II, 2007 through November 2,2007 (52 days @ $500/day) for a total fine of $31,314.82. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of $31,314.82. 5. Case # 2007080702 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1 & 2 Minimum housing Violation address: 3069 Lunar St. Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had not been abated and fines are continuing to accrue. The County requested assessment of Operational Costs in the amount of $317.30, together with a civil fine in the amount of $5,000, in addition to fines in the amount of $26,000 for the period from September II, 2007 through November 2, 2007 (52 days @ $500/day) for a total fine of $31,317.30. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of$31,317.30. 17 ,--_._..,,"..~" "--.'-'--"'----'" .~ ..,...."".,<--.,,-.---. --,,---,,~--,,'----'. November 2, 2007 6. Case # 2007050039 - BCC vs. Jill J. Weaver & Henry Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrolli, Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1,2,5,9, 10 & II Minimum housing Violation address: 3205 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violations had been abated. The County requested assessment of Operational Costs in the total amount of$163.80. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $1 63.80. 7. Case # 2006110049 - BCC vs. Jill J. Weaver & Henry Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrolli, Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1,4,9,10, II, 12B, 121, 12K, 12L, 120, 12P, 19A 19B, 19C, 19D, & 20 Minimum housing Violation address: 3132 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violations had been abated. The County requested assessment of Operational Costs in the amount of$130.98, together with a civil fine in the amount of $2,500.00, for a total fine of $2,630.98. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $2,630.98. 8. Case # 2007020244 - BCC vs. Jill J. Weaver & Henry Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrolli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 2, 3, & 9 Minimum housing Violation address: 3069 Lunar St. Code Enforcement Investigative Supervisor Patti Petrolli stated the violations had been abated. The County requested assessment of Operational Costs in the amount of $274.69, together with a civil fine in the amount of$600.00, for a total fine of$874.69. 18 November 2, 2007 The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $874.69. 9. Case # 2007070378 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1 & 2 Minimum housing Violation address: 3140 Van Buren Ave. Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated, The County requested assessment of Operational Costs in the amount of$267.95, together with a civil fine in the amount of$5,000.00, for a total fine of $5,267.95. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of$5,267.95. 10. Case # 2007070379 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. Property Maintenance Specialist Joe Mucha was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1 & 2 Minimum housing Violation address: 3132 Van Buren Ave. Code Enforcement Investigative Supervisor Patti Petrulli stated the violations had been abated. The County requested assessment of Operational Costs in the amount of$267.95, together with a civil fine in the amount of$5,000.00, in addition to fines in the amount of$50,500 for the period form July 24,2007 through November 2,2007 (101 days @ $500/day), for a total fine of $55,767.95. The Special Magistrate GRANTED the County's motion for the imposition offines in the total amount of $55,767.95. C. Emen!encv Cases: None VII. OLD BUSINESS - None 19 November 2, 2007 VIII. CONSENT AGENDA: A. Request to forward cases for Collections/Foreclosure - The Special Magistrate reviewed the Request and approved it as submitted. IX. REPORTS: (a) County Attorney Jeff Wright presented Ordinance 2007-44, Page 14, Article VI, Section I: Affirmative defenses to alleged code violations. "It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with such allegedfailure demonstrates to the Building Official, as defined by the Florida Building Code, by a preponderance of the evidence, that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required." Carol Stachura is the County's representative available to assist individuals who have any questions concerning how to invoke or use this particular defense. (b) The Special Magistrate stated a Public Forum would be held at 9:00 AM on January 31, 2008 to give the public an opportunity to learn more about how a case comes before the Special Magistrate. There were will be mock hearings with public participation invited. The Public Forum will be held at the BCC Chambers. X. NEXT MEETING DATE - November 16, 2007 The Special Magistrate announced the November 16th Hearing will be held at the BCC Chambers on the 3'd Floor of Building "F" at the Government Complex. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:55 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 20