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CESM Minutes 02/01/2008 February 1, 2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, February 1,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Gary Dantini, Code Enforcement Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: February 1,2008 at 9:00 A.M. Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center Administrative Building "F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A 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 MAGlSTRA 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 - January 18,2008 IV, MOTIONS A, Motion rur Continuance V. PUBLIC HEARINGS A. Stipulations B, Hearings I. CASE NO: OWNER: OFFICER: VIOLATIONS: CO 412 (2007110051) MILTON SOTO INV. KITCHELL SNOW CODE OF LAWS & ORDINANCES CHAPTER 142, SECS. I42-5IA & I42-58F3 OPERATING A VEHICLE FOR HIRE WITHOUT MAKING PICKUP IN COLLIER COUNTY WITHOUT CERTIFICATE TO OPERATE. VIOLATION ADDRESS: 7878 SHARK WAY 2. CASE NO: OWNER: OFFICER: VIOLATIONS: CO 415 (2007110255) LA WRENCE JACOBS INV. MICHAELLE CROWLEY CODE OF LA WS & ORDINANCES CHAPTER 142, SECS. 142-37(B) & 142-33(1) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER COUNTY WITHOUT A VALID DRIVER ID ISSUED. VIOLATION ADDRESS: 280 V ANDERBIL T BEACH ROAD - RITZ CARLTON 3. CASE NO: CO 414 (2007110048) OWNER: IMAGE LIMOS, THOMAS FARQUER, C/O JOHN REEVE OFFICER: INV. MICHAELLE CROWLEY VIOLATIONS: CODE OF LAWS & ORDINANCES CHAPTER 142, SECS. I42-37(A) & 142- 58(F)(5) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER COUNTY WITHOUT AN APPROVED CERTIFICATE TO OPERATE. VIOLATION ADDRESS: 7878 SHARK WAY, GULF COAST HIGH SCHOOL 4. CASE NO: SO 158447 OWNER: RUSSELL F. HODGES OFFICER: DEP. KLINK MANN VIOLATIONS: ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. NO PERMIT. VIOLATION ADDRESS: NAPLES PLAZA (PUBLlX) 5. CASE NO: SO 144803 OWNER: ERIC C. RADDATZ OFFICER: DEP. JOHN MAISANO VIOLATIONS: ORD. SEC. 130-66 PARKING IN AN UNLA WFUL AREA. COUNTY RlGHT-OF-WAY. VIOLATION ADDRESS: CENTER STREET & GULFSHORE COURT 6. CASE NO: SO 155602 OWNER: HR1STO MANGOVSKI OFFICER: DEP. CASTINEIRA VIOLATIONS: ORD. SEe. I30-66(l)(H) PARKING IN A FIRE LANE. VIOLATION ADDRESS: 5351 AIRPORT PULLING ROAD N 7. CASE NO: SO 148253 OWNER: PEDRO V. LUCIO OFFICER: DEP. SANNER VIOLATIONS: ORD. SEe. 130-67 PARKING IN A HANDICAPPED SPACE. VIOLATION ADDRESS: GOLDEN GATE LIBRARY, 4898 CORONADO PKWY 8. CASE NO: SO 161151 OWNER: ALL-STAR TRUCK BROKERS, INC. C/O THOMAS R. HESTER OFFICER: DEP. ANDERSON VIOLATIONS: ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. VIOLATION ADDRESS: 1602 LAKE TRAFFORD ROAD, IMMOKALEE 2 9. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 150563 MARCELLE L. BENEAT DEP. RENEE SOSBE ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. OBSTRUCTING THE SPACE. VIOLATION ADDRESS: 954 GOODLETTE ROAD N 10. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 142017 FRANKLIN P. AMISANO DEP. LEWIS ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. VIOLATION ADDRESS: 1900 TAMIAMI TRAIL N 11. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 142005 MARILYN J. BEECHER DEP. LEWIS ORD. SEe. 130-66(1)(H) PARKING IN A FIRE LANE. VIOLATION ADDRESS: 7101 RADIO ROAD, PARKING LOT 12. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 162599 BERNARD J. CONNOLLY DEP. KELLER ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. BLOCKING ACCESS. VIOLATION ADDRESS: NAPLES WALK @ PUBLlX, 2450 VANDERBILT BCH RD 13. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 162855 DALE T. BUETTNER DEP. KELLER ORD. SEC. 130-67 PARKING IN A HANDICAPPED SPACE. VIOLATION ADDRESS: 8970 #6 FONT ANA DEL SOL WAY 14. CASE NO: OWNER: OFFICER: VIOLA TlONS: PU 3375 JAMES RIVERA & MARIA RIVERA INV. ALBERTO SANCHEZ ORD. 02-17, SECS. 5 & 5.4 ILLEGAL IRRIGATION - PHASE 11 WATER RESTRICTIONS VIOLATION ADDRESS: 2867 ORANGE GROVE TRAIL 3 15. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3534 ROBERTO BOLLT TR, ORANGETREE ASSOCIATION INV. ALBERTO SANCHEZ ORD. 02-17, SECS. 5 & 5A ILLEGAL IRRIGATION - PHASE 11 WATER RESTRICTIONS VIOLATION ADDRESS: 3141 ORANGE GROVE TRAIL 16. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3531 CENT EX HOMES INV. ALBERTO SANCHEZ ORD. 01-73, SECS. lA, N UNLA WFUL CONNECTION TO COUNTY WATER LINE SUPPLY. VIOLATION ADDRESS: 9425 IMMOKALEE ROAD 17. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3404 GREGORY E. HUNTER & PAMELA P. HUNTER INV. GEORGE CASCIO ORD. 02-17, SEe. 5A ILLEGAL IRRIGATION - PHASE 11 WATER RESTRICTIONS VIOLATION ADDRESS: 2117 IMPERIAL GOLF COURSE BLVD 18. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3301 TODD JACOBSON & DONNA JACOBSON INV. JEREMY FLORIN ORD. 05-54, SEC. I9( C), 6, 8,14 DISHWASHER IN COUNTY RIGHT-OF-WAY. VIOLATION ADDRESS: 4860 28TH COURT SW 19. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3302 TODD JACOBSON & DONNA JACOBSON INV. JEREMY FLORIN ORD. 05-54, SEC. I9( C), 6, 8,14 STOVE IN COUNTY RlGHT-OF-WAY VIOLATION ADDRESS: 4860 28TH COURT SW 20. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3299 MICHAEL S. BROWER & APRIL L. BROWER INV. JEREMY FLORlN ORD. 02-17, SECS. 5 & 5.4 ILLEGAL IRRlGATION - PHASE 11 WATER RESTRICTIONS VIOLATION ADDRESS: 5090 TAMARIND RIDGE DRIVE 4 21. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 398 STERLIN F, MISENER PARK RANGER NORMAN SKINNER ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO DISPLAY PAID RECEIPT OR PERMIT VIOLA TlON ADDRESS: COCOHATCHEE RIVER PARK 22. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1210 NICOLAS DE ALA VA PARK RANGER BARRY GURNIAK ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. PARKED BETWEEN TWO METERED VEHICLES. VIOLATION ADDRESS: 100 VANDERBILT BEACH ROAD 23. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1410 DALE T, SILVERWOOD PARK RANGER BARRY GURNIAK ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO DISPLAY A PAID LAUNCH RECEIPT. VIOLATION ADDRESS: BAYVIEW PARK 24. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1272 ELIZABETH J. PEARCE PARK RANGER KURT ARAQUISTAIN ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO PROPERLY AFFIX BEACH PARKING PERMIT STICKER. VIOLATION ADDRESS: CLAM PASS BEACH 25. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1505 ALICE NORDQUIST PARK RANGER MAURICIO ARAQUISTAIN ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO DISPLAY PAID PARKING RECEIPT. VIOLA TION ADDRESS: BAREFOOT BEACH ACCESS 26. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1295 PATTEY FLEMING PARK RANGER MAURICIO ARAQUISTAIN ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO DISPLAY PAID PARKING RECEIPT. VIOLATION ADDRESS: CLAM PASS PARKING LOT 5 27. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1431 CYNTHIA T. FEENEY PARK RANGER CAROL BUCKLER ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO PROPERLY AFFIX BEACH PARKING PERMIT STICKER. VIOLATION ADDRESS: SOUTH MARCO BEACH PARKING LOT 28. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 1440 GARY D. FINCHER PARK RANGER CAROL BUCKLER ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA. FAILURE TO DISPLAY PAID PARKING RECEIPT. VIOLA TlON ADDRESS: SOUTH MARCO BEACH PARKING LOT 29. CASE NO: OWNER: OFFICER: VIOLATIONS: 2007100102 YULA Y EXPOSITO & AIDE EXPOSITO INV. CARMELO GOMEZ ORD. 05-44, SECS. 6 & 7 UNLA WFUL TO LITTER, ACCUMULATION OF LITTER VIOLATION ADDRESS: 5031 32ND AVE SW C. Emergency Cases: VI. NEW BUSINESS A. Motion ror Imposition or Fines: I. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLA TION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 2006110409 CARMEN V ASALLO INV. THOMAS KEEGAN ORD. 05-44, SECS. 6, 7 & 8 IOF - ACCUMULATION OF LITTER 1013 NEWMARKET RD W 2006100283 GEORGE G. SMITH JR TR, ANITA U. SMITH TR, SMITH TRUST UTD 5/9/07 INV. HEINZ BOX ORD. 05-44, SECS. 6, 7 & 8 IOF - ACCUMULATION OF LITTER 1120 ST CLAIR SHORES RD 6 3. CASE NO: 2007070544 OWNER: ELSA M. FLORES & CARLOS FLORES OFFICER: INV. CARMELO GOMEZ VIOLATIONS: ORD. 04-58 SEC. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 4650 25TH CT SW 4. CASE NO: 2007051053 OWNER: THOMAS J, ZENZ & SUSAN L. ZENZ OFFICER: INV. RENALD PAUL VIOLATIONS: ORD. 04-41 AS AMENDED SEC(S). 4.05.03( C) MULTIPLE VEHICLES PARKED ON THE FRONT/REAR YARD VIOLATION ADDRESS: 5353 BROW ARD ST 5. CASE NO: 2007050953 OWNER: HUMBERTO BARCO & ALICIA BARCO OFFICER: INV. CRISTINA PEREZ VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES VIOLATION ADDRESS: 2821 54TH AVE NE 6. CASE NO: 2007070675 OWNER: THOMAS E, LYONS, DIANE G. LYONS & TRACY A. LYONS OFFICER: INV. GLENN KARR VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 2.01.00(B) RECURRING VIOLATION OF COMMERCIAL VEHICLE(S)/EQUIPMENT VIOLATION ADDRESS: 1236 COOPER DR 7. CASE NO: 2007070604 OWNER: DAVID P. REINERSTEN OFFICER: INV. GLENN KARR VIOLATIONS: ORD. 04-4 I AS AMENDED SEe. 2.01.00(8) RECREATIONAL VEHICLE(S) VIOLATION ADDRESS: 118 WILLOWICK DR 8. CASE NO: 2006110431 OWNER: SANDRA S. COMBS TR, CAROL R. SMITH OFFICER: INV. THOMAS KEEGAN VIOLA TIONS: ORD. 05-44 SEC. 11 PARAGRAPH I IMPOSITION OF FINES - WEED OVERGROWTH VIOLATION ADDRESS: 2348 JACKSON AVE VII. OLD BUSINESS 7 VIII. CONSENT AGENDA IX. REPORTS X. NEXT MEETING DATE: February 15,2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. XI. ADJOURN 8 February I, 2008 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: 9:12 AM RECONVENED: 9:40 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes: (a) "Motions for Continuance" . SO 148253 - BCC vs. Pedro V. Lucio . SO 150563 - BCC vs. Marcelle L. Beneat . PR 1295 - BCC vs. Pattey Fleming (b) The following cases were WITHDRAWN by the County due to payment of fines: . Case # SO 161151 - BCC vs. All-Star Truck Brokers, Inc., c/o Thomas R. Hester . Case # SO 162599 - BCC vs. Bernard J. Connolly . Case # PR 1505 - BCC vs. Alice Nordquist . Case # PR 1431- BCC vs. Cynthia T. Feeney . Case # 2007070675 - BCC vs. Thomas E. Lyons, Diane G. Lyons & Tracy Lyons . Case # 2007070604 - BCC vs. David P. Reinersten (c) Under Item VI(A): . Case # 2007051053 - BCC vs. Thomas J. Zenz and Susan L. Zenz, the Violation was changed to Ord. 04-41 as amended, Sec(s). 4.05.03(A) . Case # 2007020557 - BCC vs. Sandra S. Combs Tr., Carol R. Smith, the Case Number was changed from 2006110431, the Ordinance was changed to 2004-58, Section 6, Subsections 12-B, 12-C and 12-1, and the Violation was changed to Imposition of Fines - Minimum housing Sue Chapin, Secretary to the Special Magistrate, stated the following cases would be moved up in the following order: . Agenda # 4, Case # SO 158447 - BCC vs. Russell F. Hodges - a permit has been obtained . Agenda # 13, Case # SO 162855 - BCC vs. Dale T. Buettner - an Oral Stipulation will be presented . Agenda # 23, Case # PR 1410 - BCC vs. Dale T. Silverwood - the Officer has requested a DISMISSAL of this case 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. 2 February 1, 2008 III. APPROVAL OF MINUTES The Minutes of the Hearing held on January 18, 2008 were reviewed by the Special Magistrate who made the following revisions: . Case # 2007060378 - BCC vs. Exante Fils-Aime & Noltine Alexandre, the Operational Costs were changed from $223.62 to $233.62 . Case # 2007080700 - BCC vs. Janet St. Onge, the date of the Property Maintenance Inspection Report was changed to November 17, 2007 The Special Magistrate approved the Minutes for January 18, 2008 as amended. IV. MOTIONS A. Motions for Continuance: 7. Case # SO 148253 - BCC vs. Pedro V. Lucio The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Sanner who was not present. Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: Golden Gate Library, 4898 Coronado Parkway The Special Magistrate stated the Court Liaison for the Sheriffs Office submitted a Request for a Continuance on behalf of Deputy Sanner. The Request stated: "Please be advised that the above-mentioned Deputy has previously notified our (ffice that he will be on vacation from February 1 - 10,2008. Thefallowing case will require a Continuance. " When the Respondent was asked ifhe had received a copy of the Motion for a Continuance dated January 22,2008, he stated he had not. The Special Magistrate stated there was ample time to notify the Respondent. The Special Magistrate DENIED the Request for a Continuance from the Sheriff's Department due to lack of notice to the Respondent. The Respondent asked for the case to be dismissed. The Special Magistrate GRANTED the Respondent's Motion for Dismissal. 9. Case # SO 150563 - BCC vs. Marcelle L. Beneat The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Renee Sosbe was present. Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: 954 Goodlette Road N. The Special Magistrate stated the Respondent submitted a written Request for Continuance due to her husband's illness - he is confined to Lely Palms Manor Care for 3 February 1, 2008 medical treatment. The Deputy stated she had no objection to the b'fanting of a Continuance. The Special Magistrate GRANTED the Respondent's Motion for a Continuance. 26. Case # PR 1295 - BCC vs. Pattev Fleminl! The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Carol Buckler was present on behalf of Park Ranger Mauricio Araquistain. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to display paid parking receipt. Violation address: Clam Pass parking lot The Park Ranger stated she objected to the granting of a Continuance. The Special Magistrate DENIED the Respondent's Motion for a Continuance. 4. Case # SO 158447 - BCC vs. Russell F. Hodl!es The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Fred Klinkmann was present. Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: Naples Plaza (Publix) The Deputy requested dismissal of this case because the Respondent did possess a Handicapped Parking permit. The Special Magistrate GRANTED the County's Requestfor DISMISSAL. 13. Case # SO 162855 - BCC vs. Dale T. Buettner The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Lawrence Keller was present. Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: 8970 #6 Fontana Del Sol Way The Deputy presented an Oral Stipulation. The Respondent admitted to the Violation and agreed to pay the fine of $250.00. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount of $250. 00 on or before March 1, 2008. 4 February 1,2008 23. Case # SO 1410 - BCC vs. Dale T. Silverwood The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Barry Gorniak (corrected spelling) was present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to display a paid launch receipt. Violation address: Bayview Park The Deputy requested dismissal of this case because the Respondent produced a paid receipt. The Special Magistrate GRANTED the County's Requestfor DISMISSAL. Sue Chapin, Secretary to the Special Magistrate, stated Stipulations had been reached in the following cases: . Agenda # 20 - BCC vs. Michael S. Brower & April L. Brower . Agenda # 14 - BCC vs. James Rivera & Maria Rivera . Agenda # 16 - BCC vs. Centex Homes V. PUBLIC HEARINGS A. Stipulations: 20. Case # PU 3299 - BCC vs. Michael S. Brower & April L. Brower The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin who was present. The Respondents had been present earlier and entered into a Stipulation but left before the Hearing could be heard. Violation(s): Ord. 02-17, Sees. 5 & 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 5090 Tamarind Ridge Drive A Stipulation had been agreed to by Respondent, Michael S. Brower, on behalfofhis wife, April L. Brower and himself 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 afine in the amount of $80.00 on or before March 18, 2008. Operational Costs were waived. 14. Case # PU 3375 - BCC vs. James Rivera & Maria Rivera The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez who was present. Respondent, Maria Rivera, had been present earlier and entered into a Stipulation but left before the Hearing could be heard. 5 February 1, 2008 Violation(s): Ord. 02-17, Sees. 5 & 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 2867 Orange Grove Trail A Stipulation had heen agreed to hy Re5pondent, Maria Rivera, on hehalf of her husband, James Rivera and herself. The Investigator stated he had spoken with Mr. Rivera via telephone and that he accepted the terms of the Stipulation which his wife had signed. The Investigator stated this was a third violation for this property. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine in the amount of $500.00, together with an administrative fee of $5. 00, on or before March 1,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before March 1,2008. 16. Case # PU 3531 - BCC vs. Centex Homes The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez who was present. The Respondent was represented by School Hall, Project Manager who had been present earlier and entered into a Stipulation but left before the Hearing could be heard. Violation(s): Ord. 01-73, Sees. 1.4, N Unlawful connection to County water line supply Violation address: 9425 Immokalee Road A Stipulation had been agreed to by Scott Hall as Project Managerfor the Respondent, Centex Homes. The Investigator stated this was a repeat violation for this property. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of $500.00, together with an administrative fee of $5.00, on or before March 1,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before March 1, 2008. V. PUBLIC HEARINGS B. Hearings: 1. Case # CO 412 (#2007110051) - BCC vs. Milton Soto The Hearing was requested by the Respondent who was present. 6 February 1, 2008 Linda Leonetti and Ramona Alvarez were present as witnesses for the Respondent. Collier County Code Enforcement Investigators Kitchell Snow and Michaelle Crowley were also present. Violation(s): Code of Laws & Ordinances Chapter 142, Secs. l42-51A & l42-58F3 Operating a vehicle for hire making pickup in Collier County without a Certificate to Operate Violation address: 7878 Shark Way The Respondent stated he was driving a personal vehicle, a limousine, which had formerly been a vehicle for hire, to drive the owner's son to a school function. He stated there was a stencil on the rear window ("Sweet Jammin' Limo") of the vehicle which had not been removed. The vehicle was insured for personal use only and he drove it as a favor to the owner. He was not paid. Linda Leonetti, Office Manager for Abel Alvarez, the owner of the vehicle, stated that it had been used previously when Mr. Alvarez operated a service for hire but she had notified the County on June 12,2007 that the business was no longer in operation and the license was not being renewed. Mrs. Alvarez stated she was called to the school where she explained to the Investigator that the vehicle was no longer used as a vehicle for hire. She stated she tried to explain the situation to the Officer and present the paperwork, but he refused to examine it and simply wrote the ticket. She also stated the Respondent was not paid to drive - he did it as a favor. The Respondent stated he placed stickers on the vehicle in three locations which stated "Private," The Respondent introduced the following documents which were marked as Respondent's Exhibits and admitted into evidence: . Exhibit "A" -- Allstate insurance document . Composite Exhibit "B" - Cancellation of commercial insurance policy Investigator Snow introduced the following documents which were marked as County's Exhibits and admitted into evidence: . Exhibit "A" - Code Case Detail Report dated June 8, 2007 . Composite Exhibit "B" - Fax from Linda Leonetti and driver IDs . Exhibit "c" - Certificate to Operate dated February 2, 2007 Investigator Snow presented a copy of the Ordinance. The Special Magistrate stated she would take Judicial Notice of the Ordinance. Investigator Crowley stated she was surprised to see the white stretch limo because she had been told it had been taken off the road and was no longer in service. The Special Magistrate stated she had no reason to not believe the testimony of Ramona 7 February 1,2008 Alvarez. The Special Magistrate stated to avoid further confusion, the decal on the rear window should be immediately removed from the vehicle. Linda Leonetti stated the stencil was in the process of being removed. The Special Magistrate ruled that the Respondent was not in violation and DISMISSED this case. 2. Case # CO 415 (#2007110255) - BCC vs. Lawrence Jacobs The Hearing was requested by the Respondent who was present. Linda Hill was present as a witness for the Respondent. Collier County Code Enforcement Investigators Michaelle Crowley was also present. Violation(s): Code of Laws & Ordinances Chapter 142, Secs. 142-37(B) & 142-33(J) Operated a vehicle for hire making passenger pickup in Collier County without a valid driver ID issued Violation address: 280 Vanderbilt Beach Road - Ritz Carlton The Respondent stated his permit had expired, but it had been re-issued by Code Enforcement and he had the paid receipt. Lisa Hill, owner of Royal Floridian Transportation stated the Respondent was en route to pick up the new permit when she contacted him to make a pick up at the Ritz due to a requested change in time from the client. She thought since the Respondent had been notified his 10 had been issued by Code Enforcement, it would not be a violation for him to pick up the client. The Investigator stated that while the ID had been re-issued, the Respondent should have had it in his possession and displayed to all passengers at the time he made the pick up at the Ritz Carlton. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of $100.00, together with an administrative fee of $5. 00, on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 3. Case # CO 414 (#2007110048) - BCC vs. Ima!!e Limos. Thomas FarQuer. c/o John Reeve The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigators Michaelle Crowley was also present. Violation(s): Code of Laws & Ordinances Chapter 142, Secs. I 42-37(A) & 142-58(F)(5) Operated a vehicle for hire making passenger pickup in Collier County without an approved Certificate to Operate Violation address: 7878 Shark Way - Gulf Coast High School The Respondent, John Reeve, stated he is the owner of Image Limo which is licensed to operate in Lee County. This job had been his company's first job in Collier County. He 8 February 1,2008 was unaware of Collier County's restrictions and would not operate in Collier County again. The Investigator stated the previous owner ofImage Limos was a certificate holder in Collier County. 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 civiljine in the amount of $100.00, together with an administrative fee of$5.00, on or before March 1,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50, 00 on or before March 1, 2008. RECESS: 11:20 AM RECONVENED: 10:40 AM V. PUBLIC HEARINGS B. Hearings: 6. Case # SO 155602 - BCC vs. Hristo Maneovski The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Castineira was present. Violation(s): Ord. 130-66(1)(H) Parking in a fire lane Violation address: 5351 Airport Pulling Road N. The Deputy stated the Respondent had entered into an Oral Stipulation and had agreed to pay the fine. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay the Citation fee in the amount of $30.00 on or before March I, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 5. Case # SO 144803 - BCC vs. Eric Co Raddatz The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff John Maisano was also present. Violation(s): Ord. 130-66 Parking in an unlawful area - County Right-of-Way Violation address: Center Street & Gulfshore Court The Respondent stated the area was not clearly marked and there was no sign indicating that parking was not allowed. He had attempted to park by a meter but it was not accepting coins so he moved his car to find another spot. He did not realize that he had parked in the County's Right-of-Way. 9 February t, 2008 The Investigator presented three photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. The Investigator stated there was parking available at the garage on Vanderbilt Beach. The Respondent stated he thought parking there was restricted to permit holders only. The Respondent presented a photograph which was marked as Respondent's Exhibit "#1" and admitted into evidence. The Special Magistrate stated the County could not place signs at every right-of-way and, regardless of signage, the Ordinance states parking is not permitted in any right-of-way. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount of$30.00, together with an administrative fee of $5. 00, on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 10. Case # SO 142017 - BCC vs. Franklin P. Amisano The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Robert Lewis was also present. Violation(s): Ord. 130-67 Parking in a handicapped space Violation address: 1900 Tamiami Trail N. The Respondent stated he had a handicapped parking permit which had been issued in New York State. He was unable to display his permit because he was operating a motorcycle. He presented the following documents which were marked as Exhibits and admitted into evidence: Exhibit "A" - hand-drawn map Exhibit "B" - NY State handicapped parking permit Exhibit "c" - Anchor Health Center medical excuse signed by Dr. Dungess The Deputy stated the vehicle was parked in the access zone next to a handicapped parking space which was marked. Finding the Notice of Hearing had been properly served; the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount of $250.00 on or before March I, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 11. Case # SO 142005 - BCC vs. Marilvn J.. Beecher The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Robert Lewis was also present. Violation(s): Ord. 130-66(1) (H) Parking in a fire lane 10 February I, 2008 Violation address: 7101 Radio Road - parking lot The Respondent stated she stopped at Berkshire Commons Walgreen's to help a friend, who had been released from the hospital that morning, pick up her prescriptions. The Respondent pulled into the area in front of Walgreen's because she was concerned about not making her friend walk any distance. She stated she had been waiting for only seconds when the Officer approached her. The Respondent stated she was unaware the vehicle was in a fire lane and thought she should have been issued a "warning" rather than a Citation. The Officer stated a vehicle is permitted to park in the area only to allow a passenger to enter or exit the vehicle, and "waiting" is not permitted due to the need to keep the area available for use by emergency vehicles. He stated he observed the vehicle for a few minutes before he approached the driver Finding the Notice of Hearing had been properly served; the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the civiljine in the amount of $30.00 on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 17. Case # PU 3404 - BCC vs. Grel!orv E. Hunter & Pamela P. Hunter The Hearing was requested by Collier County Public Utilities Investigator George Cascio who was present. The Respondent, Gregory E. Hunter, was also present and represented his wife, Pamela P. Hunter. Violation(s): Ord. 02-17, Sec. 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 2117 Imperial Golf Course Blvd. The Respondent stated he was out of town on the weekend when the violation occurred. He stated he had programmed the sprinkler with the correct watering times but believed there was a malfunction with the equipment. The Investigator stated the sprinkler should have ended at 8:00 AM. He stated he observed the violation at 9:00 AM and it was possible for the sprinkler to be stuck in one watering zone. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount of$50.00, together with an administrative fee of $5. 00, on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 18. Case # PU 3301- BCC vs. Todd Jacobson & Donna Jacobson The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin who was present. The Respondent, Todd Jacobsen, was present and also represented his wife, II February 1, 2008 Donna Jacobson. Violation(s): Ord. 05-54, Sec. 19C, 6,8, 14 Dishwasher in County Right-ot:Way Violation address: 4860 28th Court SW The Respondent stated his tenant moved a stove and dishwasher, previously stored in the garage, without permission or without notifying him. When he was informed later that day, he went to the property and found that the appliances had been stripped and could not be salvaged. He removed the items within hours of receiving the Citation. The Investigator stated the violations had been abated. He suggested combining Case # PU 3301 with Case # PU 3302 since the violations and address were the same. 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 Citation fee in the amount of $1 00.00, together with an administrative fee of $5.00, on or before March I, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 19. Case # PU 3302 - BCC vs. Todd Jacobson & Donna Jacobson The Special Magistrate waived assessing any fines in this case. (Refer to Agenda # 18, above) 21. Case # PR 398 - BCC vs. Sterlin F. Misener The Hearing was requested by Collier County Park Ranger Norman Skinner who was present. The Respondent was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to display paid receipt or permit Violation address: Cocohatchee River Park The Respondent stated the permit was displayed on the dashboard of his vehicle on the driver's side. He had previously asked the Dock Master to produce written rules specifying where the permit sticker is supposed to be placed. He stated no rules were posted in the office and they are not available on the internet. The Respondent stated he felt that he was being unfairly targeted because this was the second time he was cited for the same violation. The Respondent introduced the following documents which were marked as Exhibits and admitted into evidence: Exhibit #1 -.2007 permit Exhibit #2 - 2008 permit The Park Ranger stated he could not accept the receipt produced by the Respondent because it was written over. He stated the Respondent was belligerent and the Sheriffs Office was called to provide assistance. He stated the permit should be placed on the tongue of the trailer. He stated the Ordinance Number is 130-66. The violation has been abated. 12 February 1, 2008 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 Citation fee in the amount of $30. 00, on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before March 1, 2008. 29. Case # 2007100102 - BCC vs. Yulav Exposito and Aide Exposito The Hearing was requested by Collier County Code Enforcement Investigator Carmelo Gomez who was present. The Respondent was present and also represented his wife, Aide Exposito. Josolina Gamarra served as translator for the Respondent. Violation(s): Ord. 05-44, Sees. 6 & 7 Unlawful to litter, accumulation oflitter Violation address: 5031 320d Ave. SW The Investigator stated the violation had been abated. The Respondent requested additional time to pay because he was unemployed. 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 werefound GUILTY of the alleged violation(s) and were ordered to Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$227.55 on or before April I , 2008. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # 2006110409 - BCC vs. Carmen Vasallo The County was represented by Collier County Code Enforcement Supervisor Gary Oantini and Code Enforcement Investigators Thomas Keegan and Jonathan Musse. The Respondent was also present. Brandy Gutierrez served as translator for the Respondent. Violation(s): Ord. 05-44, Sees. 6, 7 & 8 Accumulation of Litter Violation address: 1013 Newmarket Road W., Immokalee, FL 34142 Supervisor Oantini stated the violations had been abated. The County requested imposition of the Operational Costs in the amount of$176.53, together with fines in the amount of$15,900.00 for the period from April 26, 2007 through October 3,2007 (I 59days @$100.00), for a total fine of$16,076.53. 13 February 1, 2008 The Respondent introduced receipts dated May 23 and May 24, 2007 which were marked as Composite Exhibit #1 and admitted into evidence. She stated she did not consider the iron bed frame as litter and needed assistance to move it. Investigator Musse introduced a photograph dated September 17, 2007, which was marked as Exhibit "A" and admitted into evidence. He stated he spoke with the Respondent on several occasions beginning in June, 2007, to explain what was constituted litter. The Special Magistrate noted the Respondent began to answer her questions before the translator was completed. The Special Magistrate stated the Respondent could not produce any mitigating evidence concerning the long delay in complying with the original Order. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 2. Case # 2006100283 - BCC vs. Geon!e G. Smith Jr Tr., Anita U. Smith Tr., Smith Trust UTD 5/9/07 The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Heinz Box. The Respondent was present and also represented his wife, Anita U. Smith. Violation(s): Ord. 05-44, Sees. 6, 7 & 8 Accumulation of Litter Violation address: 1120 St. Clair Shore Rd., Immokalee, FL 34102 Supervisor Dantini stated the violations had not been abated. The County requested imposition of fines in the amount of$34,900.00 for the period from February 17, 2007 through January 31, 2007 (349days @ $100.00). Supervisor Dantini stated the Operational Costs in the amount of$147.41 had been paid. The Respondent stated that his items and vehicles had value, and were not litter. The Investigator stated only one of the vehicles had been licensed. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but reduced the amount to $33,300.00. The Special Magistrate stayed the continual accrual of fines for thirty days, and ruled that the violations must be abated by March 1, 2008 or the fines would be imposed retroactively and would begin to accrue again. The Special Magistrate stated the Respondent could apply for a reduction of the fines by submitting a written request. 3. Case # 2007070544 - BCe vs. Elsa M. Flores & Carlos Flores The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Carmelo Gomez. The Respondent, Elsa M. Flores, was present and also represented her husband, Carlos Flores. Camil Flores served as translator for his mother. 14 February I, 2008 Violation(s): Ord. 04-58, Sec. 7(2) Rental registration Violation address: 4650 25th Ct. SW, Naples, F134116 The Investigator stated the violations had been abated. The County requested imposition of the Operational Costs in the amount of $241.33, together with fines in the amount of $2,450.00 for the period from October 20, 2007 through January 25, 2008 (98 days @ $25.00), for a total fine of$2,691.33. The Respondent stated she and her husband reside in Miami. She did not realize the property had to be registered. In April, 2007, they hired a property management company to manage the property. The notice had been sent to an incorrect address. The Respondent further stated the property was vacant, and the tenant left the premises in shambles. She found out about the violation when she and her husband came to inspect the damage and found the notice posted on the property. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but reduced the fines to a total of $1,241.33, including Operational Costs, to be paid on or before March 1,2008. 4. Case # 2007051053 - BCC vs. Thomas J. Zenz & Susan L. Zenz The County was represented by Collier County Code Enforcement Supervisor Gary Oantini and Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was present and also represented his wife, Susan L. Zenz. Violation(s): Ord. 04-41 as amended, Sec. 4.05.03(A) Multiple vehicles parked on the front/rear yard Violation address: 5353 Broward St, Naples, FL 34113 Supervisor Oantini stated the violations had been abated, and the Operational Costs had been paid. The County requested imposition of fines in the total amount of $2,250.00 for the period from July 24,2007 through September 7,2007 (45 days @ $50.00). The Respondent stated he thought the situation had been resolved. He stated he did not receive any notice for the previous Hearing via certified mail. Supervisor Letourneau stated the original Hearing was scheduled for July 20, 2007 and the Re-Hearing was scheduled for September 21, 2007. The violation was abated prior to the date of the Re- Hearing. The Special Magistrate stated the daily accrual of fines should have been stayed until the Re- Hearing was decided. The Special Magistrate decided to take this case UNDER ADVISEMENT until the County could produce documentation concerning the date that the Respondent requested a Re- 15 February 1,2008 Hearing. The Special Magistrate's decision would be sent to the Respondent via Certified Mail. 5. Case # 2007050953 - BCC vs. Humberto Barco & Alicia Barco The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Cristina Perez. The Respondent, Alicia Barco, was present and also represented her husband, Humberto Bardo. Sandra Barco served as translator for her mother. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Violation address: 2821 54th Ave NE., Naples, FL 34120 Supervisor Dantini stated the violation had been abated, and the Operational Costs had been paid. The County requested imposition of fines in the total amount of $850.00 for the period from September 25, 2007 through October 12, 2007 (17 days @ $50.00). The Respondent stated she and her husband were not in the area when the Notice was issued. They repaired everything as soon as they learned about the violations. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but due to mitigating circumstances, the Special Magistrate reduced the fine to a total of $425.00 to be paid on or before March 1, 2008. RECESS: 2:15 PM RECONVENED: 2:26 AM V. PUBLIC HEARINGS B. Hearings: 15. Case # PU 3534 - BCC vs. Roberto Bollt Tr.. Orane:etree Association The Hearing was requested by Collier County Public Utilities Investigator Alberto Sanchez who was present. The Respondent was not present. Violation(s): Ord. 02-17, Sees. 5 & 5.4 Illegal irrigation - Phase II Water Restrictions Violation Address: 3141 Orange Grove Trail The Investigator stated this was a 3'd offense for this property and requested the maximum fine for the violation. He stated the property has been posted and Notice had been sent via Certified Mail. 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 16 February I, 2008 of$500.00, together with an administrative fee of $5.00, on or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before March 1, 2008. 22. Case # PR 1210 - BCC vs. Nicholas De Alva The Hearing was requested by Collier County Park Ranger Barry Gorniak who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area - Parked between two metered vehicles. Violation Address: 100 Vanderbilt Beach Road The Investigator introduced a photograph of the vehicle which was marked as County's Exhibit "A" and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a Citation fee in the amount of $30. 00 on or before March I, 2008. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before March 1, 2008. 24. Case # PR 1272 - BCC vs. Elizabeth J. Pearce The Hearing was requested by Collier County Park Ranger Kurt Araquistain who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to properly affix beach parking permit sticker. Violation Address: Clam Pass Beach The Investigator stated the parking sticker had been taped to the vehicle's bumper. He introduced photographs of the vehicle which were marked as County's Exhibit "A," "B," and "C," and were admitted into evidence. Investigator Dantini stated the Notice of Hearing had been sent to the Respondent, via certified mail, on January 19, 2008. 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 Citation fee in the amount of $30. 00 on or before March 1, 2008. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before March 1, 2008. ]7 February 1, 2008 26. Case # PR 1295 - BCC vs. Pattev Fleminl! The Hearing was requested by Collier County Park Ranger Mauricio Araquistain. Park Ranger Carol Buckler appeared on his behalf. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to properly affix beach parking permit sticker. Violation Address: Clam Pass parking lot The Investigator stated the Respondent had requested a Continuance which was denied. 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 Citation fee in the amount of $30.00 on or before March 1, 2008. Operational Costs were waived. 28. Case # PR 1440 - BCC vs. Garv D. Fincher The Hearing was requested by Collier County Park Ranger Carol Buckler who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area. Failure to display paid parking receipt. Violation Address: South Marco Beach parking lot Investigator Dantini stated the Notice of Hearing had been sent to the Respondent, via certified mail, on January 19, 2008. 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 Citation fee in the amount of $30.00 on or before March 1, 2008. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before March 1, 2008. VI. NEW BUSINESS A. Motion for Imposition of Fines: 8. Case # 2007020557 - BCC vs. Sandra S. Combs Tr.. Carol R. Smith The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 12B, 12C and 121 Minimum housing Violation address: 2348 Jackson Avenue, Naples, FL 34112 18 February 1,2008 Supervisor Dantini stated the violations had been abated. The County requested imposition of Operational Costs only in the amount of$216.92. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA - None IX. REPORTS - None X. NEXT MEETING DATE - February 15, 2008 ***** There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:55 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 19