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CESM Minutes 12/07/2007 December 7, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 7,2007 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Community Development and Environmental Services, Room 609/610,2800 North Horseshoe Drive, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Jeff Wright, Assistant Collier County Attorney Patti Petrolli, Code Enforcement Investigative Supervisor Arlene Harper, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: December 7, 2007 at 9:00 A.M. Location: 2800 Nortb Horseshoe Drive, Naples. Florida, Community Development and Envirornnental Services Room 609/610 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINIJ\G THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOI( PROVIDING THIS RECORD. 1. CALL TO ORDER - Special Magistrate Brenda Garretson presiding a. Hearing rules and regulations 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - November 16, 2007 4. MOTIONS a. Motions for Continuance b. Motion for Waiver of Fines/Costs: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2004060676 RANDALL FREDRICKSON & PEGGY FREDRICKSON INVESTIGATIVE SUPERVISOR PATRICIA PETRULLI ORD. 05-44 PROHIBITED ACCUMULATION OF NON-PROTECTED MOW ABLE VEGETATIO'J VIOLATION ADDRESS: 1327 MONARCH CIRCLE 5. PUBLIC HEARINGS a. Stipulations b. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 2588 APRIL L. WIHTE INV. JOHN MARSH ORD. SEe. 130-66(1)( C) PARKING IN AN UNLAWFUL AREA- PARKED ON SIDEWALK VIOLATION ADDRESS: 350 LEA WOOD CIRCLE 2. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11159 MICKELLE MARIE GRAIGMILE PARK RANGFR WILLIAM GEORGE ORD. 14.41, SEC. (A)(5) TO LEAVE A N ANIMAL IN A VEHICLE WITHOUT WATER OR PROPER VENTILATIOJ\ UNATTENDED VIOLATION ADDRESS: WAL-MART ON COLLIER BLVD 3. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 144679 STACY L. CLARK DEP. KLINKMANN ORD. SEe. 130-67 PARKING IN ,\ HANDICAPPED SPACE - NO VISIBLE PERMIT VIOLATION ADDRESS: 1854 TRADE CENTER WAY 4 CASE NO: OWNER: OFFICER: VIOLATIONS: SO 148336 GEORGE W. COCHRAN DEP. EVELYN JACKSON ORD. SEe. i3067 PARKING IN A HANDICAPPED SPACE - SAFETY ZONE VIOLATION ADDRESS: 1602 LAKE TRAFFORD ROAD (WINN DIXIE PARKING LOT) 5. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 162369 MARY ELAIr'n: BOUCHER DEP. KELLER ORD. SEC. 130-67 PARKING JJ\ A HANDICAPPED SPACE - BLOCKING ACCESSIHAS PERMIT VIOLATION ADDRESS: OATS PLAZA i\ T JOANN SUPERSTORE 6. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 162389 DONALD W. BLANNER DEP. KELLER ORD. SEC. 130-67 PARKING IN .\ HANDICAPPED SPACE VIOLATION ADDRESS: SAM'S CLUB 7. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 161470 NOEMI TORRES DEP. ANDERSON ORD. SEe. 130-67 PARKING IN A HANDICAPPED SPACE - HANDICAPPED ACCESS VIOLATION ADDRESS: 1602 LAKE TRAFFORD ROAD, IMMOKALEE. FL 2 8. 9. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 154858 SANTIAGO R. MARRERO DEPUTY S.IlOYLAN ORD. SEe. 1311-67 PARKING IN .1 HANDICAPPED SPACE VIOLATION ADDRESS: 1306 WILDW( )OD LAKES CASE NO: OWNER: OFFICER: VIOLATIONS: SO 145122 DEANNA L. SHlMER DEPUTY P. LONG ORD. SEe. L'II-67 PARKING JJ\I HANDICAPPED SPACE VIOLATION ADDRESS: IN FRONT OF SUPER TARGET - TARPON & IMMOKALEE 10. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1026 TERI L. WATERS PARK RANGER KURT ARAQUlSTAIN ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA - EXPIRED PARKING METER VIOLATION ADDRESS: NORTH GULl SHORE BEACH ACCESS 11. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 813 LEE M. BELLAMY PARK RANG I'.R CYNTHIA GAYNOR ORD. SEe. 1311-66 PARKING IN .IN UNLAWFUL AREA - FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CLAM PASS PARKING 12. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3278 NORA VOELI. INV. JEREMY FLORIN ORD. 02-17, SI:CS. 5 & 5.4 ILLEGAL IRRlliATION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 3119 53RD STREET SW 13. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3252 LINDA DAVIS INV. MICHA I [ ANDRESKY ORD. 02-17, SIC. 5.4 ILLEGAL IRRlliATION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 1301 WISCONSIN DRIVE 3 14, CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3195 WATERSIDE\T PELICAN BAY LLC, C/O FORBES CO LLC INV' DANNY (ONDOMINA ORD. 01-73, SICS. N & Q ILLEGAL CO'J'JECTION TO FIRE LINE VIOLATION ADDRESS: 5555 TAMIAMl TRAIL N 15. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3275 GABE AZAH INV. GEORGI: CASCIO ORD. 02-17, SI',C. 5.4 ILLEGAL IRR I (iA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 2701 TROPIC), \iA BOULEVARD 16. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3267 LORA L. JO';[,:S INV. GEORGI CASCIO ORD. 05-54 SiC'. 19.e.6 LITTER CON'iSTING OF A COMPUTER MONITOR ON CURBSIDE MORE THAN 24 HOi I(S BEFORE SCHEDULED COLLECTION DAY VIOLATION ADDRESS: 1901 55TH TII(I(ACE SW 17. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3276 GREG E. TARAS INV. GEORGI' CASCIO ORD. 05-54 SFC. 19.C.6 LITTER CONSISTING OF A COMPUTER MONITOR ON CURBSIDE MORE THAN 24 HOtl RS BEFORE SCHEDULED COLLECTION DAY VIOLATION ADDRESS: 2672 TROPICi\ClA BOULEVARD 18. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3159 STEPHEN R. PYA TTE & COURTNEY A. PYA TTE INV. ALBER'I () SANCHEZ ORD. 02-17 SI,I'S, 5 & 5.4 ILLEGAL IRR IliA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 1048 SUMMI'J(FIELD DRIVE 19. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3360 BEAZERHO~IES CORP INV. ALBERTO SANCHEZ ORD. 02-17 SEes. 5 & 5.4 ILLEGAL IRR I CiA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 2701 ORANGE GROVE TRAIL 4 20. 21. 22. 23. 24, 25. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3164 SCOTT FAWn:TT INV. ALBERTO SANCHEZ ORD. 02-17 SIlS. 5 & 5.4 ILLEGAL IRR I( iA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 2683 ORANGI', CiROVE TRAIL CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3165 JOSEPH ALB,\NO INV. ALBERT! ) SANCHEZ ORD. 02-17 Sl (S. 5 & 5.4 ILLEGAL IRR I( iA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 2217 VALENCIA LAKES CIRCLE CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3166 FARUKDZELlL INV. ALBERT() SANCHEZ ORD. 02-17 SITS. 5 & 5.4 ILLEGAL IRIUi iA TION - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 1037 SUMMERFIELD DRIVE CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3364 PATRICIA A. IU:EDER INV. ALBERI( , SANCHEZ ORD. 02-17 SICS. 5 & 5.4 ILLEGAL IRR I (iA nON - PHASE II WATER RESTRICTIONS, HEALTH, SAFETY & WELFARE VIOLATION ADDRESS: 2252 VALENCIA LAKES CIRCLE CASE NO: OWNER: OFFICER: VIOLATIONS: 2007060546 LETICIA F. (OVELLA INV. ROB GA'\GULI ORD. 04-58, SI.,(:. 7(2) RENTAL RE(iISTRATION VIOLATION ADDRESS: 4748 32ND A VI: SW CASE NO: OWNER: OFFICER: VIOLATIONS: 2007020109 ANGEL K. CARRASCO & BLANCA CARRASCO INV. RENAUl PAUL ORD. 02-01 AS AMENDED, SEC. 104.5.1.4 FENCEPERI\II is VIOLATION ADDRESS: 1801 55THTll', SW 5 26. 27, 28. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070238 WILLIAM L. CREEMAN INV. CHRlST01'IJER AMBACH ORD. 05-44, SI'CS. 6 & 7 UNLAWFUL j'() LITTER & PROHIBITED ACCUMULATION OF LITTER VIOLATION ADDRESS: PARCEL #012111520007 CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070239 WILLIAM L. GREEMAN INV. CHRISTOPHER AMBACH ORD. 04-41 AS AMENDED, SEC. 2.01.00(A) INOPERABLE/tINTAGGED VEHICLE(S) VIOLATION ADDRESS: PARCEL #01210520007 CASE NO: OWNER: OFFICER: VIOLATIONS: 2007050100 TRACE ENGLISH INV. JOHN CONNETTA ORD. 04-58, SEC 7(2) RENTAL REGIS I'RATlON VIOLATION ADDRESS: 3100 55TH TER SW 29. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007060828 JON G. MOHHBACHER & LORA L. MOHRBACHER INV. JOHN CONNETT A ORD. 04-58 SEC 7(2) RENTAL REGlSTRA TION VIOLATION ADDRESS: 4470 24TH PL SW 30. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080443 MELINDA GVERRERO INV. JONATIlAN MUSSE ORD. 05-44, SECS. 6, 7 & 8 UNLAWFUL TO LITTER, PROHIBITED ACCUMULATION OF LITTER & PROHIBITED DUMPING VIOLATION ADDRESS: 1403 APPLE ST 31. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080444 MELINDA Gm:RRERO INV. JONATHA N MUSSE ORD. 04-41 AS AMENDED, SEe. 2.01.00(A) INOPERABLE/UClTAGGED VEHICLE(S) VIOLATION ADDRESS: 1403 APPLE ST 6 32. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070573 JESSICA GUERRERO INV. JONATHAN MUSSE ORD. 04-41 AS A'-IENDED, SEe. 2.01.00(A) INOPERABLE/U'iT AGGED VEHICLE(S) VIOLATION ADDRESS: 1401 APPLE ST 33. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007060841 MARICELA NUNEZ INV. JONATHAN MUSSE ORD. 04-58, SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 1401 ORANGE ST 34. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007070842 RODRIGUEZ RENTALS, INC. INV. JONATHAN MUSSE ORD. 04-58, SEC. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 1613 GROSS AVE c. Emergency Cases: 6. NEW BUSINESS a. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2004090898 RAYMOND & TERRY BENNETT, RICHARD F. BERMAN INV. REGGIE SMITH ORD. 91-102 SECS, 2,6.7.1.1 & ORD. 99-51 AS AMENDED BY 01-21 UNLICENSED VEHICLES AND WEEDS OVER 18" ON PROPERTY VIOLATION ADDRESS: 5465 COLLINS AVE 2, CASE NO: OWNER: OFFICER: VIOLATIONS: 2004090246 KEITH KOZIA TEK INV. JOHN SANTAFEMIA ORD. 91-102 AS AMENDED SEC. 2.7.6.1 AND 2.7.6.5A, AND ORD. 2002-01 SEe. 104.1.1 GARAGE CONVERTED TO LIVING SPACE WITHOUT PERMITS VIOLATION ADDRESS: 3055 55TH TER SW 7 3. CASE NO: 2007050928 OWNER: RACHEL BUENO & JUAN BUENO OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 04-41 AS AMENDED, SEC. 4.05.03(A) VEHICLE(S) PARKED ON GRASS VIOLATION ADDRESS: 5340 GEORGIA AVE 4. CASE NO: 2007020548 OWNER: FORINO MENDEZ OFFICER: INV. PATRICK BALDWIN VIOLATIONS: ORD. 04-41 AS A:vIENDED, SEe. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE(S) VIOLATION ADDRESS: 3610 WHITE BLVD 5, CASE NO: 2007011034 OWNER: JOSEPH M. NERO & .rANICE M. NERO OFFICER: INV. STEPHEN ATHEY VIOLATIONS: ORD. 04-58, SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 729107THAVE:\i 6. CASE NO: 2007011035 OWNER: JOSEPH M. NERO & JANICE M. NERO OFFICER: INV, STEPHEN ATHEY VIOLATIONS: ORD. 04-58, SEe. 7(2) RENTAL REGISTRA nON VIOLATION ADDRESS: 552 97TH AVE N 7. CASE NO: 2007010541 OWNER: JOSEPH M. NERO & JANICE M. NERO OFFICER: INV. STEPHEN ATHEY VIOLATIONS: ORD. 04-58, SEe 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 400 FLAGSHIP DR 7. OLD BUSINESS 8. CONSENT AGENDA 8. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. 9. REPORTS 10. ANNOUNCEMENTS A Public Forum will be held on January 31, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tarniami Trail. 8 11. NEXT MEETING DATE: January 4,2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. 12. ADJOURN 9 December 7, 2007 1. 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: 9:15 AM RECONVENED: 9:49 AM 2. APPROVAL OF AGENDA Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item 4(b.), "Motion for Waiver of Fines/Costs," Case # 2004060676 - BCC vs. Randall Fredrickson and Peggy Fredrickson was withdrawn by the County due to payment. (b) Under Item 5(b.), "Hearings," the following cases were WITHDRAWN by the County due to payment of fines: . Case # CE 2488 - BCC vs. April L. White . Case # SO 148336 - BCC vs. George W. Cochran . Case # SO 162389 - BCC vs. Donald W. B1anner . Case # SO 154858 - BCC vs. Santiago R. Marrero . Case # SO 145122 - BCC vs. Deanna L. Shimer . Case # PR 1026 - BCC vs. Teri L. Waters (c) Under Item 5(b.), "Hearings," Case # 2007050100 - BCC vs. Trace English, was WITHDRAWN by the County due to abatement and foreclosure. (d) Under Item 5(b.) - "Hearings," Case # 2007070842 - BCC vs. Rodriguez Rentals, Inc., WITHDRAWN by the County due to abatement. (e) Under Item 5(b.), "Hearings," the following Cases/Citations were dismissed by the County pursuant to Officers' requests: . Case # DAS 11159 - BCC vs. Mickelle Marie Graigmile . Case # SO 144679 - BCC vs. Stacy L. Clark . Case # PR 813 - BCC vs. Lee M. Bellamy . Case # PU 3267 - BCC YS. Lora L. Jones (I) Under Item 5 (c.), "Emergency Cases" - Case # 2007110459, BCC ys. Henry Tesno and Jill Weaver, was added to the Agenda. Sue Chapin, Secretary to the Special Magistrate, identified the Agenda Number under Item 5(b), "Hearings," for each Stipulation and its placement for hearing: #20, #14, #29, #15, #18, #22, #19, #23, and #21. 2 December 7, 2007 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. 3. APPROVAL OF MINUTES The Minutes of the Hearing held on November 16,2007 were reviewed by the Special Magistrate and approved as submitted. 4. MOTIONS A. Motions for Continuance: (Under "Hearings") 12. Case # PU 3278 - BCC vs. Nora Voell The Hearing was requested by the Respondent who was not present. Collier County Code Public Utilities Investigator Jeremy Florin was present Violation(s): Ord. 02-17 Sees,S and 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation Address: 3119 53'd Street. SW The Special Magistrate noted the Respondent had submitted a written Request for a Continuance which had been received on a timely basis. The Investigator stated the County opposed granting of a Continuance since the Respondent advised the Investigator in April, 2007 that she would have the timer repaired. The Special Magistrate DENIED the Respondent's Request for a Continuance. 17. Case # PU 3276 - BCC vs. Gre!! E. Taras The Hearing was requested by the Respondent who was not present. Collier County Code Public Utilities Investigator George Cascio was present Violation(s): Ord. 05-54 Sec. 19.C.6 Litter consisting of a computer monitor on a curbside more than 24 hours before scheduled collection day Violation address: 2672 Tropicana Boulevard The Special Magistrate noted the "request" was written at the bottom of the Notice of Hearing. The Respondent wrotc: "Request reschedule do ("due") to I will be out of town at this time." The Special Magistrate stated there was no date as to when this Motion was submitted. The Special Magistrate DENIED the Respondent's Requestfor a Continuance 3 December 7, 2007 5. PUBLIC HEARINGS A. Stipulations: 20. Case # PU 3164 - BCC vs. Scott Fawcett The Hearing was requested Collier County Code Enforcement Investigator Alberto Sanchez who was present. The Respondent was not present. Violation(s): Ord. 02-17 Sees. 5 and 5.4 megal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation address: 2683 Orange Grove Trail A Stipulation had been agreed to by the Respondent on December 5, 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 fine of $80. 00 on or before January 7, 2008, 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 $50.00 on or before January 7,2008. 14. Case # PU 3195 - BCC vs. Waterside at Pelican Bav LLC, c/o Forbes Co. LLC The Hearing was requested Collier County Code Public Utilities Investigator Danny Condomina who was present. The Respondent was not present. Violation(s): Ord. 01-73 Sees. N &Q Repeat Violation: megal connection to Fire Lane Violation address: 5555 Tamiami Trail N A Stipulation had been agreed to by Pete Tuffo, a representative of Kraft Construction, on behalf of the Respondent. Ray Addison, Public Utilities Senior Investigator, stated that Forbes Co. LLC is the owner of Waterside at Pelican Bay LLC. Forbes hired Kraft Construction as general contractor. Kraft had caused the violation and was responsible to resolve the issue. He had spoken with Mr. Tuffo who is a Vice President of Kraft Construction. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $5,000.00 since the violation was a Health, Safety and Welfare issue on or before January 7, 2008, subject to obtaining verification of Mr. Tuffo 's position and authority to act on behalf of Kraft Construction. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before January 7, 2008. 4 December 7, 2007 29. Case # 2007060828 - BCC vs. Jon G. Mohrbacher & Lora L. Mohrbacher The Hearing was requested by Collier County Code Enforcement Investigator John Conella who was present. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Violation address: 4470 24th PL SW A Stipulation had been agreed to by the Respondent, Lora L. Mohrbacher, on behalf of her husband, John G. Mohrhacher, and herself 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 was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $198.75 on or before January 7, 2008. 15. Case # PU 3275 - BCC vs. Gabe Azar The Hearing was requested by Collier County Code Public Utilities Investigator George Cascio who was present. The Respondent was not present. Violation(s): Ord. 02-17 Sec. 5.4 Illegal irrigation - Phase II Water Restrictions - Health" Safety and Welfare Issue Violation address: 270 I Tropicana Boulevard A Stipulation had heen agreed to hy the Respondent. 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 was CORRECTED prior to the Hearing, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay a fine in the amount of $80. 00 on or before January 7, 2008. Operational Costs were waived. 18. Case # PU 3159 - BCC vs. Steuhen R. Pvatte & Courtnev A. Pvatte The Hearing was requested by Collier County Code Public Utilities Investigator Al Sanchez who was present. The Respondents had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. 5 December 7, 2007 Violation(s): Ord. 02-17 Sec. 5 and 5.4 Illegal irrigation - Phase II Water Restrictions.. Health, Safety and We1fare Issue Violation address: 1048 Summerfield Drive A Stipulation had been agreed to by the Respondent, Stephen R. Pyatte, on behalf of his wife, Courtney A. Pyatte, and himself The Investigator stated he met with the Respondents. The violation had been abated and all costs paid. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay afine in the amount of $80.00 on or before January 7, 2008. The Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution ofthi;' case in the amount of $50.00 on or before January 7, 2008. 22. Case # PU 3166 - BCC vs. Faruk Dzelil The Hearing was requested by Collier County Code Public Utilities Investigator Al Sanchez who was present. The Respondent had been present earlier and had entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 02-17 Sec. 5 and 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation address: 1037 Summerfield Drive A Stipulation had been agreed to by the Respondent. The Investigator stated he met with the Respondent. The violation had been abated and all costs paid. 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 were ordered to pay a fine in the amount of $80.00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before January 7, 2008. 19. Case # PU 3360 - BCC vs. Beazer Homes Corp The Hearing was requested by Collier County Code Public Utilities Investigator Al Sanchez who was present. The Respondent was not present. The Respondent's representative had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. 6 December 7, 2007 Violation(s): Ord. 02-17 Sec. 5 and 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation address: 2701 Orange Grove Trail A Stipulation had been agreed to by Dan J. Rooney, an officer of Beazer Homes Corp, on behalfofthe Respondent. The Investigator stated he met with the Respondent's representative. The violation had been abated and all costs paid. 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 a fine in the amount of $80.00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before January 7, 2008. 23. Case # PU 3364 - BCC vs. Patricia A. Reeder The Hearing was requested by Collier County Code Public Utilities Investigator Al Sanchez who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 02-17 Sec. 5 and 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation address: 2217 Valencia Lakes Circle A Stipulation had been agreed to by the Respondent. The Investigator stated he met with the Respondent. The violation had been abated and all costs paid. 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 a fine in the amount of $80.00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before January 7,2008. 21. Case # PU 3165 - BCC vs. Joseph Albano The Hearing was requested by Collier County Code Public Utilities Investigator Al Sanchez who was present. The Respondent was not present. 7 December 7, 2007 Violation(s): Ord. 02-17 Sec. 5 and 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation address: 1037 Summerfield Drive A Stipulation had been agreed to by the Respondent. The Investigator stated the violation had been abated and all costs paid. Finding the Notice of Hearing had been properly served, and jinding 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 ajine in the amount of$80.00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before January 7,2008. 5. PUBLIC HEARINGS B. Hearings: 5. Case # SO 162369 - BCC vs. Marv Elaine Boucher The Hearing was requested by the Respondent who was present. The Respondent's sister, Nancy Gregory, appeared as a witness. Collier County Deputy Sheriff Keller was also present. Violation(s): Ord. Sec. 130-67 Parking in a Handicapped Space - blocking access/has permit Violation address: Oats Plaza at Joann Superstore The Respondent stated that, due to a physical emergency, she parked her car in the only spot available and was not blocking anyone's access. She was forced to park where she did due to the presence of several shopping carts in the handicapped space which blocked the driver's side of her car. The Respondent stated she has a permit and is very careful not to abuse the privilege. The Respondent's sister concurred with the Respondent's testimony. The Deputy introduced photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent admitted she was over the blue lines of the handicapped space, but she was "blocking" only plants. She stated the carts had been removed from the handicapped space when she returned to her car and her handicapped permit was displayed in her vehicle. Finding the Notice of Hearing had been properly served, the Respondent was found NOT GUILTY of the alleged violation(s). 8 December 7, 2007 7. Case # SO 161470 - BCC vs. Noemi Torres The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Anderson was also present. Violation(s): Ord. Sec. 130-67 Parking in a Handicapped Space ~ Handicapped Access Violation address: 1602 Lake Trafford Road, Immokalee, FL The Respondent stated she did not realize that she was parked in a handicapped space because of the very faint and faded paint. She stated if space had been clearly marked, she would not have parked where she did. She introduced a photograph which was marked as Respondent's Exhibit "A" and admitted into evidence. The Deputy also introduced two photographs of the location (access aisle) which were marked as County's Composite Exhibit "A." 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 fine of $250. 00 on or before February 7, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 12. Case # PU 3278 - BCC vs. Nora Voell The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator Jeremy Florin was present. Violation(s): Ord. 02-17, Sec. 5 & 5.4 Illegal irrigation ~ Phase II Water Restrictions ~ Health, Safety and Welfare Issue Violation Address: 3119 53,d Street SW The Investigator stated he observed the violation at the property on November 19, 2007. The Special Magistrale stated the Respondent submitted a letter which contained a defense. The Respondent wrote: "I would like to contest the ticket received on 09/28. I do not know how to change the settings on my timer. I have turned it off now completely as not to violate the watering restrictions. I am on a very tight budget and cannot afford pay this Citation. I can't even afford to have someone come out and show me how the timer works. I have asked friends and neighbors to help me, but no one knows how to work the timer." The Investigator stated there is a company that would come to her home to explain the system to her without charge. This information will be given to the Respondent. The Investigator stated the violation has been abated. 9 December 7, 2007 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 GUlL TY of the alleged violation(s) and was ordered to pay a fine in the amount of $80.00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before January 7,2008. 13. Case # PU 3252 - BCC vs. Linda Davis The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Michael Andresky was also present. Violation(s): Ord. 02-17, Sec. 5.4 Illegal irrigation - Phase II Water Restrictions - Health, Safety and Welfare Issue Violation Address: 1301 Wisconsin Drive The Respondent stated she had just returned from vacation in October. She further stated the law service had been at her property earlier on the day the Citation was issued. The irrigation system had been properly set for the allowed days. When she checked her timer, she noticed that one 0 f the pins had been changed. The Investigator stated he observed the violation on October 29,2007, but that it has since been abated. The Special Magistrate stated that homeowners are responsible for the actions of any contractors they may hire. 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 GUlLTY of the alleged violation(s) and was ordered to pay afine in the umount of $80. 00 on or before January 7, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before January 7, 2008. 17. Case # PU 3276 - BCC vs. Grel! E. Taras The Hearing was requested by the Respondent who was not present. CoJlier County Code Public Utilities Investigator George Cascio was present Violation(s): Ord. 05-54 Sec. 19.C.6 Litter consisting of a computer monitor on a curbside more than 24 hours before scheduled collection day Violation address: 2672 Tropicana Boulevard The Investigator stated there have been continual violations of this Ordinance at this property. He suggested increasing the fine to obtain the Respondent's attention to the problem. 10 December 7, 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 ajine of $155. 00 on or before January 7,2008, 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 $50. 00 on or before January 7,2008. 24. Case # 2007060546 - BCC vs. Leticia F. Covella The Hearing was requested by Collier County Code Enforcement Investigator Rob Ganguli who was present. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 7(2) Rental registration Violation address: 4748 32"d Ave SW The Investigator stated the Respondent is not a resident of Collier County. The Respondent informed the Investigator the property was going into foreclosure. She was required to register the property as long as it was rented. The violation has not been abated, the property was still occupied, and foreclosure proceedings have not been recorded. 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 Collier County Rental Registration on or before December 14,2007 or ajine of $25. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $243.35 on or before January 7,2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. RECESS: 11:00 AM RECONVENED: 11:20 AM 30. Case # 2007080443 - BCC vs. Melinda Guerrero The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Unlawful to litter, prohibited accumulation oflitter and prohibited dumping Violation address: 1403 Apple St., Immoka1ee, FL 34143 The Investigator introduced photographs which were marked as County Exhibit "A" (trucks) and "B" (trucks and trailer) and admitted into evidence. II December 7, 2007 The property came into compliance on November 8, 2007. On December 6,2007, the property was in violation again. The Investigator introduced photographs which were marked as County Exhibit "c" (mat) and "D" (water jug) and admitted into evidence. The Respondent stated she did call the Investigator when the property was in compliance. 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 to a proper disposal facility, or to store it in a completely enclosed structure on or before December 14, 2007 or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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. If necessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $220.84 on or before February 7,2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 31. Case # 2007080444 - BCC vs. Melinda Guerrero The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Inoperable/untagged vehicles(s) Violation address: 1403 Apple St., Immokalee, FL 34143 The Investigator introduced photographs taken on August 13,2007 and on October 16, 2007 which were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent stated the white car in the photograph was sold and has been removed from the property. The property came into compliance on November 8, 2007. The Investigator introduced two photographs which were marked as County's Composite Exhibit "B" and admitted into evidence. On December 6, 2007, the Investigator observed two unlicensed vehicles on the property and introduced a photograph which was marked as County's Exhibit "c" and admitted into evidence. The Respondent stated the red and white truck belonged to her brother-in-law who moved it onto their property after he was cited for a violation. Samuel Guerrero stated he told his brother that he cannot park his truck on the property. The brother-in-law removed the tags 12 December 7, 2007 from his truck. He stated if the truck appears on his property again, he will call a tow truck to remove it. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to either obtain and affIX valid license plates on all vehicles and to make all vehicles operable, or to remove the vehicles from the property, or store the vehicles in a completely enclosed structure on or before December 10,2007 or afine of $50. 00 per vehicle 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 obtain compliance by contractor bid-out and the cost for the abatement will be assessed to the Respondent. If necessary, Code Enforcement may request assistance from the Collier County Sheriff's Office. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $222.98 on or before February 7,2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 33. Case # 2007060841- BCC vs. Maricela Nunez The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violation(s): Ord. 04-58, Sec. 7(2) Rental registration Violation address: 1401 Orange St., Immokalee, FL The Investigator stated he met with the Respondent at her home where she signed the Notice of Violation on August 13,2007. The violation was abated on November 5, 2007. The Investigator introduced a copy of the rental form as County Exhibit "A." The Respondent stated she was unaware of the requirement for rental registration until she spoke to the Investigator in August. She paid for the registration with a money order on October 4th The money order was not signed and was returned to the Respondent. She sent the signed money order back to the County in October. She does not know why it took the County until November 28th to cash it. 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 by Code Enforcement during the prosecution of this case in the amount of$105.85 on or before February 7, 2008. 6. NEW BUSINESS A. Motion for Imposition of Fines: 13 December 7, 2007 1. Case # 2004090898 - BCC vs. Ravmond & Terrv Bennett, Richard F. Berman The County was represented by Code Enforcement Supervisor Patti Petrulli and =Investigator Reggie Smith. The Respondent, Raymond Bennett, was present and represented his wife, Terry Bennett, and their business partner, Richard F. Berman. Violation(s): Ord. 91-102 Sees. 2.6.7.1.1 andOrd. 99-51 as amended byOI-21 Unlicensed vehicles and weeds over 18" on property Violation address: 5465 Collins Ave The Investigator stated the violations had been abated. The Respondent stated that he, his wife and their partner became owners of this property in October, 2007. Supervisor Petrulli stated the County was requesting imposition of the Operational Costs only in the amount of $124.59. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 2. Case # 2004090246 - BCC vs. Keith Koziatek The County was represented by Code Enforcement Supervisor Patti Petrulli and Investigator John Santafemia. The Respondent was also present. Violation(s): Ord. 91-102 as amended, Sees. 2.7.6.1 and 2.7.6.5A, and Ord. 2002-01 Sec. 104.1.1 Garage converted to living space without permits Violation address: 3055 55th Ter SW Supervisor Petrulli stated the violation had been abated. The County requested imposition of Operational Costs of$167.74, together with fines in the amount of$6,250.00 for the period fTom August 4,2005 through December 7, 2005 (125 days @ $50/day) for a total fine of$6,417.74. The Respondent stated when he purchased the home he was unaware of the violation and he paid over $5,000 to correct the violations. The various contractors were very slow in obtaining the permits, and completing the work. Investigator Petrulli stated Ihe County would have no objection to waiving the fine and imposing payment of the Operational Costs only in the amount of$167.74. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 14 December 7, 2007 3. Case # 2007050928 - BCC vs. Rachel Bueno & Juan Bueno The County was represented by Code Enforcement Supervisor Patti Petrolli and Investigator Renald Paul. The Respondent, Rachel Bueno, was present and represented her husband, Juan Bueno. Violation(s): Ord. 04-41 as amended, Sees. 4.05.03(A) Vehic1e(s) parked On grass Violation address: 5349 Georgia Ave Supervisor Petrulli stated the violation has been abated. The County requested imposition of Operational Costs of $191.94 together with fines in the amount of $450.00 for the period from September 25, 2007 through October 4, 2007 (9 days @ $50/day) for a total fine of$641.94. The Respondent requested the fines be waived due to financial hardship, She spoke to both the Investigator and to Supervisor Susanna Capasso who recommended waiving the fines. Investigator Petrulli stated the County would have no objection to waiving the fine and imposing payment of the Operational Costs only in the amount of$191.94. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 4. Case # 2007020548 - BCC vs. Fortino Mendez The County was represented by Code Enforcement Supervisor Patti Petrulli. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehic1e(s) Violation address: 3610 White Blvd. Supervisor Petrulli stated the violation had been abated, The County requested imposition of Operational Costs only in the amount of $20 1.30. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 5. PUBLIC HEARINGS B. Hearings: 25. Case # 2007020109 - BCC vs. Aneel K. Carrasco & Blanca Carrasco The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. 15 December 7, 2007 Violation(s): Ord. 02-01 as amended, Sec. 104.5.1.4 Fence permits Violation address: 180 I 55lh Ter SW The Investigator introduced the following photograph which were marked as County's Exhibits and admitted into evidence: Exhibit "A" .- photograph of damaged fence, Composite "B" - photograph of posting of Notice of Violation at Courthouse, photograph of Notice of Violation posting at duplex, photograph of Notice of Hearing posted at Courthouse, photograph of Notice of Hearing posted at residence Exhibit "c" - photograph of Notice of Violation served at first appearance Composite "D" - photograph of first Permit # 2006073160 and photograph of second Permil # 2007030667 In January, 2007, the Investigator stated he met with the Respondent who stated he would repair the fence immediately. The repairs to the fence had been completed but a Certificate of Completion had not been issued. Both permits have expired. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to either obtain a Collier County Building Permit, all required inspections and a Certificate of Completion on or before January 7, 2008 or obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion on or before January 7, 2008, or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$254.27 on or before January 7,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 26. Case # 2007070238 - BCC vs. William L. Greeman The Hearing was requested by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was not present. Violation(s): Ord. 05-44, Secs. 6 & 7 Unlawful to litter and prohibited accumulation of litter Violation address: Parcel #01210520007 (no address number for property) The Investigator introduced the following documents which were marked as County's Exhibits and admitted into evidence: Composite "A" - 5 pages of photographs taken on July 9,2007 Composite "B" - 20 pages of photographs taken on October 24, 2007 The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found 16 December 7, 2007 GUILTY of the alleged violation(s) and was ordered to remove all litter to a proper disposal site or to store all items within a completely enclosed structure on or before January 7, 2007, or afine of$lOO.OO per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Ifthe Respondent is unable to comply within this time frame, Code Enforcement may obtain compliance by contractor bid-out and the cost for the abatement will be assessed to the Respondent. Ifnecessary, Code Enforcement may request assistance from the Collier County Sheriff's Office. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$247.86 on or before January 7,2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 27. Case # 2007070239 - BCC vs. William L. Greeman The Hearing was requested by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Inoperable/untagged vehicle(s) Violation address: Parcel #01210520007 (no address number for property) The Investigator introduced the following documents which were marked as Counly's Exhibits and admitted into evidence: Composite "A" - 3 pages of photographs taken on July 9,2007 (red van without tags and white van cut in half) Composite "8" - 4 pages of photographs taken on October 24, 2007 Composite "c" - 4 photographs taken on December 5, 2007 The Investigator met with an individual who stated he was the owner's son but who refused to give his name or sign the Notice of Violation. The Notice was sent via Certified mail and delivery was confirmed by the U.S. Postal Service. Some vehicles have been removed, but the violation has not been completely 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 and affIX valid license plates to all vehicles and make all vehicles operable, or remove the vehicles from the property, or store the vehicles within a completely enclosed structure on or before December 14, 2007 or afine of $50.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. lfthe Respondent is unable to comply within this time frame, Code Enforcement may obtain compliance by contractor bid-out and the cost for the abatement will be assessed to the Respondent. Ifnecessary, Code Enforcement may request assistance from the Collier County Sheriff's Office. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$247.86 on or before January 7,2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 17 December 7, 2007 32. Case # 2007070573 - BCC vs. Jessica Guerrero The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Inoperable/untagged vehicles(s) Violation address: 1401 Apple St., Immokalee, FL 34]43 The Investigator introduced the following documents which were marked as County's Exhibits and admitted into evidence: Composite "A" - 2 pages of photographs taken on July ]8,2007 Composite "B" - 4 pages of photographs taken showing abatement 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 was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $247.37 on or before January 7, 2008. C. Emergency Cases: 1. Case # 2007110459 - BCC vs. Henrv Tesno and Jill Weaver The Hearing was requested by Collier County Property Maintenance Specialists Joe Mucha who was present. Collier County Deputy Sheriff Mike Nelson was also present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 10 & II Minimum housing Violations address: 3069 Lunar Street, Nap]es, FL 34112 In November, Cpl. Nelson stated he had been contacted by Naples Water and Utilities concerning a water meter which had been removed from another property and installed at 3069 Lunar Street. This is a Health, Safety and Welfare issue since the facilities were unable to be used due to lack of water. The Investigator stated the power had also been turned offto the property. He was unable to contact the property owners and posed the property. He recommended notifying the tenants that they must move from the premises and to board up the property. The Special Magistrate stated the County could begin foreclosure proceedings since the owners appear unwilling to take responsibility for the property. She stated the property is not fit for occupancy in its current condition. 18 December 7, 2007 Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to restore both water and electrical services to the premises or have the tenants vacate the premises on or before December 14, 2007, or afine of $500. 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 obtain compliance by contractor bid-out to board up the property and the cost for the abatement will be assessed to the Respondents. Ifnecessary, Code Enforcement may request assistance from the Collier County Sheriff's Office. The Respondents were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $247.07 on or before January 7,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation had been abated. The Special Magistrate ruled the County is to make every effort to notify the tenants of the Order and the possibility of that they may have to vacate the premises. 6. NEW BUSINESS A. Motion for Imposition of Fines: 5. Case # 2007011034 - BCC vs. Joseph M. Nero and Janice M. Nero The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Violation address: 729 10th Ave N Code Enforcement Supervisor Petrulli stated the violation had been abated. The County requested imposition of Operational Costs only in the total amount of$237.89 The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 6. Case # 2007011035 - BCC vs. Joseph M. Nero and Janice M. Nero The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli. The Respondents were not present Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Violation address: 552 97th Ave N Code Enforcement Supervisor Petrulli stated the violation had been abated. The County requested imposition of Operational Costs only in the total amount of$237.89 The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 19 December 7, 2007 7. Case # 2007010541 - BCC vs. Joseph M. Nero and Janice M. Nero The County was represented by CoJlier County Code Enforcement Supervisor Patti Petrulli. The Respondents were not present. Violation(s): Ord. 04-58 Sec. 7(2) Rental registration Violation address: 400 Flagship Dr Code Enforcement Supervisor Petrulli stated the violation had been abated. The County requested imposition of Operational Costs only in the total amount of$237.89 The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and imposed Operational Costs. 7. OLD BUSINESS - None 8. CONSENT AGENDA: A. Recommendation to approve the Imposition of Lien for owners of record who failed to pay invoices resnlting from nuisance abatement violation enforcement actions. The Special Magistrate reviewed the Request, approved it as submitted and signed the Orders. 9. REPORTS: - None 10. ANNOUNCEMENTS: The Special Magistrate noted that December 1" was the anniversary of Pearl Harbor. She stated her gratitude for the service of those who came before and those servicemen and woman who are currently serving in the Armed Forces. As a public service announcement, the Special Magistrate stressed the irrigation guidelines of the Ordinance are to be strictly observed during this water crisis situation. The public may contact the Code Enforcement office directly for further information. The Special Magistrate stated a Public Forum would be held on January 31, 2008 at 9:00AM in the BCC Chambers. The purpose of the Forum is to give the public an opportunity to learn more about how a case comes before the Special Magistrate and the Hearing process. There will be mock hearings with public participation invited. 11. NEXT MEETING DATE -January 4,2008 20 December 7, 2007 The Special Magistrate announced the January 4th Hearing will be held at 9:00 AM in the Board of County Commissioners Chambers located in Building "F," 3'd floor, of the Government Complex on Tamiami Trail. There being no further business for the good of the County, the Hearing was adjourned by Order ofthe Special Magistrate at 1 :10 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 21