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CESM Minutes 04/04/2008 April 4, 2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 4, 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, ofthe Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Secretary to the Special Magistrate: Honorable Brenda Garretson Sue Chapin STAFF PRESENT: Jeff Letourneau, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: April 4, 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 MAGISTRATE 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 - March 7, 2008 & January 31, 2008 (Special Magistrate Forum) IV. MOTIONS A. Motion for Continuance V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 160410 JAMES DRISCOLL DEPUTY LOFTUS ORD. SEe 130'67 HANDICAPPED SPACE VIOLATION ADDRESS: CLUBHOUSE, WHITE OFF LOAD AREA OF OCCUPIED PERMIT SPACE 2. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 163093 PATRICIA E. LADLEY DEPUTY KELLER ORD. SEe. 130-67 BLOCKING ACCESS TO A HANDICAPPED SPACE VIOLATION ADDRESS: MAGNOLIA SQ. A T FASHION FRESH 3. CASE NO: SO 160369 OWNER: JAMES GRANT OFFICER: DEPUTY LEWIS VIOLATIONS: ORD. SEC. 130-66 (I)(H) PARKING IN FIRE LANE VIOLATION ADDRESS: 7101 RADIO RD 4. CASE NO: SO 163166 OWNER: DEBRA PICKERING OFFICER: DEPUTY KELLER VIOLATIONS: ORD. SEe. 130-67 IN HANDICAPPED SPACE EXP. DATE NOT VISIBLE VIOLATION ADDRESS: 1250 PINE RIDGE 5. CASE NO: PR 000565 OWNER: ROBERT AHERN OFFICER: PARK RANGER SKINNER VIOLATIONS: ORD. SEe 130-67 PARKING IN HANDICAPPED SPACE WITH NO PERMIT VIOLATION ADDRESS: BA Y VIEW PARK 6. CASE NO: PR 002486 OWNER: CHRIS HOGENSON OFFICER: PARK RANGER ARAQUlST AIN VIOLATIONS: ORD. SEe. 130-66 PARKING ACROSS DELINEATED BOUNDARIES OF PARKING SPACE VIOLATION ADDRESS: VINEYARDS COMMUNITY PARK 7. CASE NO: PR 002564 OWNER: CLIFTON SCOTT ISON OFFICER: PARK RANGER SKINNER VIOLATIONS: ORD. SEe. 130-66 TRUCK & TRAILER PARKED ACROSS DELINEATED LINE VIOLATION ADDRESS: GOLDEN GATE COMM. PARK 8. CASE NO: PR 002410 OWNER: SEAN DUFFY OFFICER: PARK RANGER GORNIAK VIOLATIONS: ORD. SEe. 130-66 PARKING IN UNAUTHORIZED PARKING AREA VIOLATION ADDRESS: GOLDEN GATE COMM. PARK 2 9. CASE NO: DAS 11636 OWNER: MANUEL QUIROZ OFFICER: DEPUTY HINKLEY VIOLATIONS: ORD. SEe. 14-36 A2 DOG RUNNING AT LARGE VIOLATION ADDRESS: 913 PINE STREET 10. CASE NO: DAS 11637 OWNER: MANUEL QUIROZ OFFICER: DEPUTY HINKLEY VIOLATIONS: ORD. SEe. 14-34 (A) (4) NO TAGS A TT ACHED TO ANIMAL VIOLATION ADDRESS: 913 PINE STREET 11. CASE NO: DAS 11618 OWNER: NELSON MARTINEZ OFFICER: OFFICER K. ZEITLER VIOLATIONS: ORD. 1436, SEe. A (2) ALLOWING A DOG TO RUN AT LAREGE VIOLATION ADDRESS: 37TH AVE. NE 12. CASE NO: DAS 11619 OWNER: NELSON MARTINEZ OFFICER: OFFICER K. ZEITLER VIOLATIONS: ORD. 1436 SEe. A (4) FAILURE TO AFFIX A LICENSE VIOLATION ADDRESS: 37TH AVE. NE 13. CASE NO: DAS 11620 OWNER: NELSON MARTINEZ OFFICER: OFFICER K. ZEITLER VIOLATIONS: ORD. 14.34 SEC. A FAILURE TO LICENSE A DOG VIOLATION ADDRESS: 37THAVE.NE 14. CASE NO: PU 3472 OWNER: RAYMOND M & TAMMY L. SOBEL OFFICER: INVESTIGATOR FLORIN VIOLATIONS: ORD. 02-17, SEe. 5.5.4 PHASE II WATER RESTRICTION VIOLATION ADDRESS: 13965 COLLIER BLVD.34119 3 15. CASE NO: PU 3805 OWNER: PHYLLIS J. PLASTER TR. OFFICER: INVESTIGATOR SANCHEZ VIOLATIONS: ORD. 02-17, SEe. 5.5.4 PHASE III WATER RESTRICTION VIOLATION ADDRESS: 13485 COLLIER BLVD.34119 16. CASE NO: PU 3497 OWNER: DONALD SHEEHAN OFFICER: INVESTIGATOR ANDRESKY VIOLATIONS: ORD. 02-17, SEC. 5.4 PHASE III WATER RESTRICTION VIOLATION ADDRESS: 219 CYPRESS WAY W, 34110 17. CASE NO: PU 3781 OWNER: PAUL J. STEWART OFFICER: INVESTIGATOR SANCHEZ VIOLATIONS: ORD. 02-17 SEC. 5, 5.4 PHASE III WATER RESTRICTION VIOLATION ADDRESS: 4657 ROBIN A VE.34104 18. CASE NO: PU 3912 OWNER: GARY A. & JANET A. CHACE OFFICER: INVESTIGATOR CASCIO VIOLATIONS: ORD. 02-17, SEC. 5.4 PHASE III WATER RESTRICTION VIOLATION ADDRESS: 6766 BUCKINGHAM CT 19. CASE NO: PU 3933 OWNER: CRAIG & GINGER LEA ROBINSON OFFICER: INVESTIGATOR CASCIO VIOLATIONS: ORD.02-17, SEe. 5.4 PHASE III WATER RESTRICTION VIOLATION ADDRESS: 452 SHARWOOD 20. CASE NO: 2007080886 OWNER: JANET TELITZ I WILLIAM E. BURFORD OFFICER: INVESTIGATOR AMBACH VIOLATIONS: ORD. 2005-44 NUISANCE ABATEMENT-WEED OVERGROWTH FOLIO NO: 69300002601 VIOLATION ADDRESS: 137 WILDERNESS CAY 34114 4 21. CASE NO: 2007100970 OWNER: YORDANYSHECTOR OFFICER: INV. ED MORAD VIOLATIONS: ORD. 04-41, SECTION 2.01.00(A) INOPERABLEIUNT AGGED VEHICLES FOLIO NO: 36114320006 VIOLATION ADDRESS: 2081 SUNSHINE BLVD. 34116 22. CASE NO: 2007100969 OWNER: YORDANYS HECTOR OFFICER: INV. ED MORAD VIOLATIONS: ORD. 2005-44, SECTION 6 & 7 LITTLE & ACCUMULATION OF LITTER FOLIO NO: 36114320006 VIOLATION ADDRESS: 2081 SUNSHINE BLVD.34116 23. CASE NO: 20070000512 OWNER: THOMAS A. JOHNS SR. OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: ORD. 04-41 SECTION 02.02.03 INOPERABLEIUNLICENSED VEHICLES FOLIO NO: 435560005 VIOLATION ADDRESS: 6911 JOHNS RD. 34114 24. CASE NO: 20070000509 OWNER: THOMAS A. JOHNS SR. OFFICER: INVESTIGATORRENALD PAUL VIOLATIONS: ORD. 2005-44, SEC(S) 6,7 &8 LITTER FOLIO NO: 435560005 VIOLATION ADDRESS: 691 I JOHNS RD. 34114 25. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 26. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2007050524 MABEL WINDRELL ISON,MARY ELAINE HILL, THOMAS A. JOHNS, SR. INVESTIGATOR RENALD PAUL ORD. 04-41, SEe. 02.02.03 INOPERABLEIUNLICENSED VEHICLES 434520004 6917 JOHNS RD. 34114 2007050523 MABEL WINDRELL ISON,MARY ELAINE HILL, THOMAS A. JOHNS, SR. INVESTIGATOR RENALD PAUL ORD. 2005-44, SEC(S) 6,7 &8 LITTER 434520004 6917 JOHNS RD. 34114 5 27 CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 28. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 29. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA nON ADDRESS: 30. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: VI. NEW BUSINESS 2007110261 DOUGLAS CARTER INVESTIGATOR MARIO BONO SEC(S) 424.2.17.1 TO 424.2.17.1.14 OF THE FL BLDG. CODE 2004 POOL WITHOUT PERMANENT PROTECTIVE BARRIER 53054600005 2524 KINGS LAKE BLVD.34112 2007080554 JEFFREY E & REBECCA DAVENPORT INVESTIGATOR JOHN SANTAFEMIA ORD. 2004-58, SEe 7(2) NO RENTAL REGISTRATION 103320001 19265 IMMOKALEE RD.34120 20071 00446 CAPITAL EDGE, LLC TR.,DESIGNS LAND TR UTD 5/12106,ROBERT LOCKER, REGISTERED AGENT INVESTIGATOR ED MORAD ORD. 2004-41 AS AMENDED, SEC(S) 5.03.02(A)(2) & 5.03.02(A)(3) PROPERTY FENCE NOT SOUND CONSTRUCTION & NOT MAINTAINED 36249360009 1797 53RD LN. SW 34116 CEPM20080001391 EDILBRAY PEREZ & BELKIS MARTINEZ INVESTIGATOR JOE MUCHA ORD. SEe.22-23 1(12)(1) VACANT TRI-PLEX WITH BROKEN WINDOWS 3623420008 5563 17TH AVE. SW 34116 A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLA nONS: FOLIO NO: VIOLATION ADDRESS: 2004080929 NATHAN BENDERSON, TR.ET.AL & RUBEN WAYNE INVESTIGA nVE SUPERVISOR JEFF LETOURNEAU ORD. 04-41, SECS. 5.06.00,5.06.01,5.06.0MJ & 1O.02.06(B) WALL SIGN WITH A CANCELLED PERMIT 66070001002 4965 GOLDEN GATE PKWY 34116 6 2. CASE NO: 2005081087 OWNER: ROBERT A. MITCHELL OFFICER: INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU VIOLATIONS: ORD. 04-41AS AMENDED SEC. 2.01.00 BOAT PARKED ON SIDE OF HOUSE FOLIO NO: 68046680002 VIOLATION ADDRESS: 3465 DORADO WAY 34105 3. CASE NO: 200511 0328 OWNER: TERESO BAUTISTA & EMILIANA LOPES VASQUEZ OFFICER: INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU VIOLATIONS: ORD. 04-58 SEe. 7 NO RENTAL REGISTRATION FOLIO NO: 38045920007 VIOLATION ADDRESS: 3545 23RD AVE. SW 34117 4. CASE NO: 2006080317 OWNER: WILLIAM SCRIVENS Sr. EST. CLEVELAND BURGESS & JAMES SCRIVENS OFFICER: INVESTIGATIVE FIELD SUPERVISOR CAROL SYKORA VIOLATIONS: ORD.04-41 SEe. I 0.02.06(B)(1 )(A), (B)(1 )(D), (B)( I)(D) (I) NO PERMIT FOR SECOND MOBILE HOME FOLIO NO: 66220720007 VIOLATION ADDRESS: 424 15TH ST. SE 34142 5. CASE NO: 2007080668 OWNER: ROILAN PEREZ OFFICER: INV. ROB GANGULI VIOLATIONS: 2004 FBC, R4101.17.1 AS ADOPTED BY COLLIER CO. RESIDENTIAL SWIMMING POOL WITHOUT SAFETY BARRIER FOLIO NO: 35748600009 VIOLATION ADDRESS: 1974 46TH ST. SW 34116 6. CASE NO: 2007030290 OWNER: ROILAN PEREZ OFFICER: INV. JOHN SANTAFEMIA VIOLATIONS: ORD. 2004-58, SEe. 6, SUBSEe. 1,5,11 & SEe. 7, SUBSEe. 2 NO RENTAL REGISTRATION & RENTING ROOM WITH NO KITCHEN OR BATH FOLIO NO: 65422000005 VIOLATION ADDRESS: 652 POMPANO DRIVE 34110 7 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: VII. OLD BUSINESS VIII. CONSENT AGENDA 2005010687 AL'D FAYARD, JR. INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU ORD. 04-41, AS AMENDED, SEe. 1.04.01 & 2.02.03 UNLICENSED/INOPERABLE VEHICLES 63500480002 901 AIRPORT ROAD S.34104 A. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. IX. REPORTS X. NEXT MEETING DATE: April 18, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. XI. ADJOURN 8 April 4, 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(s) for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:14 AM RECONVENED: 9:37 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcemenl Administrative Secretary, proposed the following changes: (a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County due to compliance and/or payment of fines: . Agenda #1, Case # SO 160410 - BCC vs. James Driscoll . Agenda #20, Case # 2007080886 - BCC vs. Janet Telitz & William E. Burford . Agenda #28, Case # 2007080554 - BCC vs. Jeffrey & Rebecca Davenport (b) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by the County due payment: . Agenda #7, Case # 2005010687 - BCC vs. Al'd Fayard, Jr. (c) Re: Agenda #30, "Hearings," Case # CEPM 20080001391, BCC vs. Edilbray Perez and Belkis Martinez, the folio number was corrected to 36234240008. (d) Re: Agenda #6, "Imposition of Fines," Case # 2007030290, the owner's name was changed to DLJ Mortgage Capital, Inc. 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. Ill. APPROVAL OF MINUTES The Minutes of the Special Magistrate Forum held on January 31,2008, and the Minutes of the Hearing held on March 7, 2008 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motions for Continuance: Agenda #3, #5, #18, and #19 3. Case # SO 160369 - BCC vs. James Grant The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Lewis was not present. 2 April 4, 2008 Violation(s): Ord. Sec. 130-66(1)(H) Parked in fire lane Violation address: 710 1 Radio Rd. The Special Magistrate stated the requesl submitted by the Sheriffs Departmenl was not filed in a timely manner. The Special Magistrate DENIED the Request for a Continuance from the Sheriff's Department. The Respondent requested dismissal of the case. The Special Magistrate GRANTED the Respondent's Motion for Dismissal. 5. Case # PR 000565 - BCC ys. Robert Ahern The Hearing was requested by the Respondent who was not present. Collier Counly Park Ranger Norman Skinner was present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space with no permit Violalion address: Bay View Park The Special Magistrate noted the Respondenl had submitted a written Request for a Continuance stating he would be out of state on the date oflhe Hearing, but it did not establish when his plans were made. The Park Ranger stated he objected to the granting of a Continuance. The Special Magistrate DENIED the Respondent's Motion for a Continuance and stated the Respondent would be entitled to a Re-Hearing if he could submit proof that his plans to be out of state predated the receipt of the Notice of Hearing. 18. Case # PU 3912 - BCC ys. Gary A. & Janet A. Chace The Hearing was requested by the Respondenls who were not present. Collier County Public Utilities Investigator George Cascio was present. Violation(s): Ord. 02-17, Sec. 5.4 Phase III Water Restriction Violation address: 6766 Buckingham Ct The Special Magistrate noted the Respondents had submitted a written Requesl for a Continuance in a timely manner, but it was signed by an "Elisa Hayes" and her relationship to the Respondent was not identified. The Investigator staled he objected to the granting of a Continuance. 3 April 4, 2008 The Special Magislrate stated the Request was nol signed by the Respondenls, and did not menlion why the Respondents were unable to attend The Special Magistrate DENIED the Respondents' Motion for a Continuance and stated the Respondents would be entitled to a Re-Hearing if they could submit proof that their plans predated the receipt of the Notice of Hearing. 19. Case # PU 3933 - BCC vs. Crail! & Ginl!er Lea Robinson The Hearing was requested by Ihe Respondenl who was not present. Collier County Public Utilities Investigator George Cascio was present. Violation(s): Ord. 02-17, Sec. 5.4 Phase III Water Reslriction Violation address: 452 Sharwood The Special Magistrate slated Ihe Respondents had submitted a written Request for a Continuance on a timely manner stating they would be in Georgia until April 12, 2008. The Investigator staled he had no objection 10 the granting of a Continuance. The Special Magistrate GRANTED the Respondents' Motion for a Continuance. Sue Chapin, Secretary 10 Ihe Special Magistrate, slated Stipulations had been reached in Agenda #21, #22, #25, #26, #27, #2 and #14. V. PUBLIC HEARINGS A. Stipulations: 21. Case # 2007100970 - BCC vs. Yordanvs Hector The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was not present. Violation(s): Ord. 04-41, Section 2.0 1.00(A) Inoperable/untagged vehicles Violalion address: 2081 Sunshine Blvd., Naples, FL 34116 A Stipulation had been agreed to by the Respondent on Aprill, 2008. The Investigator stated the Respondent agreed to pay the Operational Costs. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to remove all vehicles from the premises without valid license plates on or before April 7, 2008, or a fine of $50. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was further ordered to 4 April 4, 2008 only allow licensed vehicles to park at the premises. If the Respondent is unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondent. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $264.40 on or before May 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 22. Case # 2007100969 - BCC vs. Yordanvs Hector The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondent was not present. Violation(s): Ord. 2005-44, Section 6 & 7 Liller & accumulation ofliller Violation address: 2081 Sunshine Blvd., Naples, FL 34116 A Stipulation had been agreed to by the Respondent on Aprill, 2008. The Investigator stated the Respondenl agreed to pay the Operational Costs. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to remove all litter from the premises on or before April /4,2008, or afine of $100. 00 per day will be imposedfor 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 the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondent. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $293. 70 on or before May 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 25. Case # 2007050524 - BCC vs. Mabel Windrell Ison, Marv Elaine Hill, Thomas A. Johns, Sr. The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): Ord. 04-41, Section 2.02.03 Inoperable/untagged vehicles Violalion address: 6917 Johns Rd., Naples, FL 34114 A Stipulation had been agreed to by all of the Respondents on April 3, 2008. 5 April 4, 2008 The Investigator staled the Respondents agreed to pay the Operational Costs. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to obtain valid license plates for all vehicles and make the vehicles operable, or to remove the vehicles from the premises or to store the vehicles in a completely enclosed structure on or before April 14, 2008, or a fine of $50.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents are unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $326.51 on or before May 4, 2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 26. Case # 2007050523 - BCC vs. Mabel Windrell {son, Marv Elaine Hill, Thomas A. Johns, Sr. The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): Ord. 2005-44, Sec(s). 6, 7 & 8 Litter Violation address: 6917 Johns Rd., Naples, FL 34114 A Stipulation had been agreed to by all of the Respondents on April 3, 2008. The Investigator stated the Respondents agreed to pay the Operational Costs. Finding the Notice of Hearing had been properly served, the Respondents were found GUlL TY of the alleged violation(s) and ordered to remove all litter from the premises on or before April 14, 2008, 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. Ifthe Respondents are unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $326.51 on or before May 4, 2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. (, April 4, 2008 27. Case # 2007110261 - BCC vs. Doul!las Carter The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono who was present. The Respondent was not present. Violation(s): Sec(s). 424.2.17.] to 424.2.17.]4 of the FL Bldg. Code 2004 Pool without permanent protective barrier Violation address: 2524 Kings Lake Blvd., Naples, FL 34]]2 A Stipulation had been agreed to by the Respondent on April 4, 2008. The Investigator stated the Respondent signed the Stipulation. The Special Magistrate noled the Florida Building Code had been adopted by Collier County. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain a Collier County Permit to erect a permanent protective barrier around the pool and obtain a Certificate of Completion on or before June 4,2008, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $248. 99 on or before May 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 2. Case # SO 163093 - BCC vs. Patricia E. Ladlev The Hearing was requested by Collier Counly Deputy Sheriff Lawrence Keller who was present. The Respondent had been present earlier and entered into a Stipulation bulleft before the Hearing could be heard. Violation(s): Ord. Sec. 130-67 B]ocking access to a handicapped space Violation address: Magnolia Sq. at Fashion Fresh A Stipulation had been agreed to by the Respondent on April 4, 2008. The Investigator stated the Respondent agreed 10 mail in the fine. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay afine of $250.00, together with an administrative fee of $5. 00, on or before June 4, 2008. Operational costs were waived. 7 April 4, 2008 14. Case # PU 3472 - BCC ys. Raymond M. & Tammy L. Sobel The Hearing was requested by Collier County Code Public Ulilities Investigator Jeremy Florin who was present. The Respondent, Raymond M. Sobel, had been presenl earlier and entered into a Stipulation but left before the Hearing could be heard. Violation(s): Ord. 02-17, Sec. 5.5.4 Phase [] Water Reslriction Violation address: 13965 Collier Blvd., Naples, FL 34119 A Stipulation had been agreed to by the Respondent, Raymond M. Sobel, on April 4, 2008, on behalf'of his wife, Tammy L. Sobel, and himself. The Investigator stated the Respondents agreed to pay the fines. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to pay a civiljine of $80. 00 on or before May 4,2008, 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 May 4, 2008. V. PUBLIC HEARINGS B. Hearings: 4. Case # SO 163166 - BCC ys. Debra Pickerinl! The Hearing was requested by the Respondent who was present. Collier County Deputy Sheriff Lawrence Keller was also present. Violation(s): Ord. Sec. 130-67 In handicapped space, expiration date not visible on permit Violation address: 1250 Pine Ridge The Respondent stated she was at a medical clinic for emergency treatment and did not realize she had parked in a handicapped space, she thought she had parked one space over. The Deputy slated the violation should be amended to parking in a handicapped space. 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 $250.00, together with an administrative fee of $5.00, on or before June 4,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 8 April 4, 2008 5. Case # PR 000565 - BCC vs. Robert Ahern The Hearing was requested by thc Respondent who was not present. Collier County Park Ranger Norman Skinner was present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space wilh no permit Violation address: Bay View Park The Park Ranger introduced several photographs which were marked as County's Composite 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 civil fine in the amount of $250.00, together with an administrative fee of $5. 00, on or before May 4,2008 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 May 4, 2008. 6. Case # PR 002486 - BCC vs. Chris HOl!enson The Hearing was requested by the Respondent who was not present Collier County Park Ranger Kurt Araquistain was present. Violation(s): Ord. Sec. 130-66 Parking across delineated boundaries of parking space Violation address: Vineyards Community Park The Park Ranger introduced photographs which were marked as County's Exhibits "A," "8," and "C," 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 civil fine in the amount of $30.00, together with an administrative fee of $5. 00, on or before May 4,2008 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 May 4, 2008. 7. Case # PR 002564 - BCC vs. Clifton Scott Ison The Hearing was requested by Ihe Respondent who was present. Collier County Park Ranger Norman Skinner was also present. Violation(s): Ord. 130-66 Truck & trailer parked across delineated line Violation address: Golden Gate Community Park The Respondent returned to pick up his son from baseball practice and stated parking is 9 April 4, 2008 very Iimiled in that lot because of the dirt from the remodeling of the boal ramp taking four parking spaces and a dumpster taking up two parking spaces. The Special Magistrate stated the Respondent could bring this situation to the attention of County Commissioner Tom Henning. The Park Ranger stated trailers are not permitted in the parking lots because they take up too much space, and Ihere were other ]ols availab]e but at a grealer distance to the baseball fields. He was encouraged to use the other lots. 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$30.00, together with an administrative fee of $5. 00, on or before May 4,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 8. Case # PR 002410 - BCC vs. Sean Duffv The Hearing was requested by the Respondent who was present Collier County Park Ranger Barry Gorniak was also present. Violation(s): Ord, 130-66 Parked in unauthorized parking area Violalion address: Golden Gate Community Park The Respondent stated there is no actual signage regarding parking, and agreed with the previous Respondent concerning spaces made unusable due to the sand pile in the lot and the dumpster. He introduced a photograph which was marked as Respondent's Exhibit "A" and admitted into evidence. The Ranger introduced a photograph which was marked as County's Exhibit "A" and admitted inlo evidence. The Park Ranger stated vehicles are not allowed to park on the grass due to the damage caused to sprinkler heads. In this situation, the vehicle blocked access to the right-of-way. Again, the Ranger encouraged him to use the other lots so as not to receive a violation. 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 $30.00, together with an administrative fee of $5.00, on or before May 4, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 9. Case # DAS 11636 - BCC vs. Manuel Ouiroz The Hearing was requested by the Respondent who was present. Collier County Department of Animal Services Officer Peter Hinkley was also present. Violation(s): Ord. Sec. ]4-36 A2 Dog running at large 10 April 4, 2008 Violation address: 913 Pine Street The Respondent staled he had corrected the problem with the dog running loose because it is now tied up using a better collar and a stronger chain. The Officer stated a Collier County Deputy called regarding an attack by the dog. He introduced Affidavits from the victims which were marked as County's Exhibit "A" (signed by Adam Tubiarties) and Exhibit "B" (signed by Deputy Travis Anderson). 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$100.00, together with an administrative fee of$7.00, on or before May 4, 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 May 4, 2008. 10. Case # DAS 11637 - BCC vs. Manuel Quiroz The Hearing was requested by the Respondent who was present. Collier County Department of Animal Services Officer Peter Hinkley was also present. Violation(s): Ord. Sec. 14-34 (A)(4) No tags attached to animal Violation address: 913 Pine Street The Respondent stated he has obtained tags for the dog. 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 civil jine in the amount of$100.00, together with an administrativefee of$7.00, on or before May 4, 2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. RECESS: 11:31 AM RECONVENED: 11:51 AM V. PUBLIC HEARINGS B. Hearings: 16. Case # PU 3497 - BCC vs. Donald Sheehan The Hearing was requested by the Respondenl who was present. Collier County Public Utilities Investigator Andresky was present. Violation(s): Ord. 02-17, Sec. 5.4 Phase III Water Restriction Violation address: 219 Cypress Way W., Naples, FL 34110 The Respondent admitted his sprinkler system had a malfunction but stated the problem II April 4, 2008 was the manner in which the County notifies the public of changes to waler restrictions. He stated the property had been a rental property and was vacant at the time the Citation was issued. The Special Magistrate stated the Respondents comments should be directed to the Collier County Board of Commissioners as she is not responsible for notifications by the 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 the civil fine in the amount of $75.00, together with an administrative fee of $5.00, on or before May 4,2008 unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived 11. Case # SO 11618 - BCC vs. Nelson Martinez The Hearing was requested by the Respondent who was present. Douglas Valdes was present as an interpreter for the Respondent. Collier County Department of Animal Services Officer Zeitler was also present. Violation(s): Ord. 14.36, Sec. A(2) Allowing a dog to run at large Violation address: 37'h Ave., NE All three cases were heard together. The Respondent stated the dogs are German Shepherds and were originally owned by a neighbor who moved away. He stated he was at work but one of his daughters left the gate open and the dogs escaped. The DAS Officer stated the dogs damaged property on the lanai of another neighbor. He also stated the neighbor was able to contain one of the dogs but the other ran back to its home. 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 $1 00.00, together with an administrative fee of $7. 00, on or before June 4, 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 June 4, 2008. 12. Case # SO 11619 - BCC vs. Nelson Martinez The Hearing was requested by Ihe Respondent who was present. Douglas Valdes was present as an interpreter for the Respondent. Collier County Department of Animal Services Officer Zeitler was also present. Violation(s): Ord. 14.36, Sec. A(4) Failure to license a dog Violation address: 37th Ave., NE 12 April 4, 2008 The Respondent admitted the dogs were not licensed but he has corrected the problem. 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$100.00, together with an administrative fee of$7.00, on or before June 4, 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 June 4, 2008. 13. Case # SO 11620 - BCC vs. Nelson Martinez The Hearing was requested by the Respondent who was present. Douglas Valdes was present as an interpreter for the Respondent. Collier County Dcpartment of Animal Services Officer Zeitler was also present. Violation(s): Ord. 14.36, Sec. A Failure 10 affix a license Violation address: 37'h Ave., NE The Respondent asked why he was not given a warning first. The DAS Officer stated this was not the tirst time the Respondent had been cited for allowing his dogs to run. He also stated the animals could have been impounded. Finding tlte Notice of Hearing Itad been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay tlte civil fine in the amount of $100.00, together with an administrative fee of $7.00, on or before June 4, 2008 unless altered by a subsequent Stipulation or Order oftlte Special Magistrate. Operational Costs were waived. 23. Case # 20070000512 - BCC vs. Thomas A. Johns Sr. The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. William Stull was present as a witness for the Respondent. Violation(s): Ord.04-41 Inoperable/unlicensed vehicles Violation address: 6911 Johns Rd., Naples, FL 34114 The Investigator stated he made several visits to the property. In September, 2007, he spoke wilh the Respondent and gave him additional time to comply. The Notice of Hearing was hand-delivered to the Respondent on March 20, 2008. The unlicensed/inoperable vehicles consist of one crane, 24 cars, two logging skidders, three tractors, and five trailers. 13 April 4, 2008 The Investigalor presented several photographs which were marked as County's Composite Exhibit "A" and entered into evidence. The witness for the Respondent stated he is working with the Respondent to remove the vehicles and requested an additional ninety days. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain valid license plates for all vehicles and make the vehicles operable, or to remove the vehicles from the premises or to store the vehicles in a completely enclosed structure on or before July 4, 2008, or a fine of $50.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $248.39 on or before July 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 24. Case # 20070000509 - BCC vs. Thomas A. Johns Sr. The Hearing was requested by Collier Counly Code Enforcement Investigator Renald Paul who was present. The Respondent was also present. William Stull was present as a witness for the Respondent. Violation(s): Ord. 2005-44, Sec(s). 6, 7 & 8 Litter Violation address: 6911 Johns Rd., Naples, FL 34114 The Investigator introduced several photographs which were marked as County's Composite Exhibit "A" and entered into evidence. The witness for the Respondent stated he is working with the Respondent to remove the vehicles and requested an additional ninety days. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to remove all litter from the premises on or before July 4, 2008, 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 the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$259.27 on or before 14 April 4, 2008 July 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. VI. PUBLIC HEARINGS A. Motion for Imposition of Fines: 1. Case # 2004080929 - BCC vs. Nathan Benderson Tr. et al. Steve Dermanl!ian The Counly was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was represented by Steve Dermangian, as Property Manager for Benderson Development, LLC. Violation(s): Ord. 04-41, Secs. 5.06.00,5.06.01, 5.06.06(C) & 10.02.06(B) Wall sign with a cancelled permit Violation address: 4965 Golden Gate Pkwy., Naples, FL 34116 The County requested imposition of Operational Costs in the amount of $166.38 together with fines in the amount of $2,900.00 for the period from May 3,2005 through June 30, 2005 (58days @ $50.00) for a total fine of$3,066.38. The Respondent stated the property has been rented and the tenant stated he had applied for a permit. The Respondent thought the tenanl had corrected the violations and paid the fines. The tenant is no longer renting from the company. The Special Magistrate stated there were mitigating circumstances and reduced the amount of the fines to $500.00. She instructed the Respondenl to also pay the Operational Costs. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but reduced the amount to $666.38. 2. Case # 2005081087 - BCC vs. Robert A. Mitchell The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 Boat parked on side of house Violation address: 3465 Dorado Way, Naples, FL 34105 The County requested imposition of Operational Cosls in the amount of $157.14 together with fines in the amount of$1,700.00 for the period from December 4, 2005 through December 21,2005 (l7days @ $100.00) for a total fine of $1,857.14. The Respondent stated he did appear for the originally scheduled Hearing but it had been cancelled due to a hurricane and he was not nolified of the cancellation. He did nol receive the original Order, or Notice of another Hearing until the property was po sled. 15 April 4, 2008 The Special Magistrate stated there were mitigating circumstances and reduced the amount oflhe fines to $700.00. She instructed the Respondent to also pay the Operational Costs. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but reduced the amount to $857.14. V. PUBLIC HEARINGS B. Hearings: 15. Case # PU 3805 - BCC vs. Phvllis J. Plaster Tr The Hearing was requested by the Respondent who had been present earlier, but left before the Hearing could be heard. Collier County Public Utilities Invesligator Al Sanchez was present. Violation(s): Ord. 02-17, Sec. 5.5.4 Phase III Water Restriction Violation address: 13485 Collier Blvd., Naples, FL 34119 The Investigator stated the Respondent entcred into a Stipulation and agreed to pay thc Fine and Opcrational Costs. 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, together with an administrative fee of $5. 00, on or before May 4,2008, 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 May 4, 2008. 17. Case # PU 3781- BCC vs. Paul J. Stewart The Hearing was requested by the Respondent who had been present earlier, bulleft before the Hcaring could be heard. Collier Counly Public Utilitics Invcstigator AI Sanchez was present. Violation(s): Ord. 02-17, Sec. 5.5.4 Phase III Water Restriction Violation address: 4657 Robin Ave. Naplcs, FL 34104 The Investigator slated thc Respondenl produced a receipt for why Ihe irrigation was neccssary, and hc requcstcd dismissal of this case. The Special Magistrate GRANTED the Investigator's Requestfor Dismissal. 18. Case # PU 3912 - BCC vs. Garv A. & Janet A. Chace The Hearing was requcsted by the Respondents who wcre not prcsent. 16 April 4, 2008 Collier County Public Utilities Investigator George Cascio was present. Violation(s): Ord. 02-17, Sec. 5.4 Phase III Water Restriction Violation address: 6766 Buckingham Ct. The Special Magistrate noted a Motion for a Continuance had been submilled and had denied the Motion. She further stated the leller requesling the Continuance admilled the violation. The Investigator stated irrigation took place on the wrong day. He presented photographs which were marked as County's Exhibits "A" (02/20/08) and "B" (3/21/08), and admilled into evidence. The leller stated: "The Citation is an $80. OOfine for afirst-time offense of an accidental day confusion for watering of lawn. There was not any abuse or intentional misuse o{water. In addition there appears to be a discrepancy between the date of violation and the date of abatement. If indeed an officer witnessed or had reasonable cause to believe I was in violation, why wasn't the Citation written at the time o{the violation? The error in the day o{watering was changed within 12 hours and i{ given the opportunity to do so with a warning, an $80.00fine would not be necessaryfor an innocent mistake. " The Spccial Magistrate noled there was a second leller which claimed the violation was corrected within 24 hours. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount of$75.00, together with an administrative fee of $5. 00, on or before May 4,2008, 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 May 4, 2008. 29. Case # 2007100446 - BCC vs. Cauital Edl!e. LLC Tr.. Desil!ns Land TR UTD 5/12/06. Robert Locker. Rel!istered Al!ent The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad who was present. The Respondents were not present. Violation(s): Ord. 2004-41 as amended, Sec(s). 5.03.02(A)(2) & 5.03.01(A)(3) Property fence not sound construction & not maintained Violation address: 1797 53d Ln. SW, Naples, FL 34116 The Investigator stated he spoke with the Rental Agent for the property who said he would have the violation corrected. He submilled three photographs which were marked as County Composite Exhibit "A" and Exhibit "B" and admitted into evidence. 17 April4, 2008 The Investigator slated the property had been posted and the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to properly secure the fence and maintain it, or to remove the fence from the property on or before May 4, 2008, or a fine of$100.00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 1fthe Respondents are unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $350.44 on or before May 4, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 30. Case # CEPM 20080001391- BCC vs. Edilbrav Perez & Belkis Martinez The Hearing was requested by Collier Counly Code Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ord. Sec. 22-231 (12)(1) Vacant tri-plex with broken windows Violation address: 5563 17th Ave. SW, Naples, FL 34116 The Invesligator stated the property is in foreclosure. He submitted a packet ofpholographs which were marked as County's Composite Exhibit "A" and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to repair all broken windows, the sliding glass door, and completely secure all windows and sliding glass door by boarding on or before April 11, 2008, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents are unable to comply within the time period, Collier County may abate the violation by contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Department to enforce the Order. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$270.49 on or before May 4, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. VI. NEW BUSINESS 18 April 4, 2008 A. Motion for Imposition of Fines: 3. Case # 2005110328 - BCC vs. Tereso Bautista & Emiliana Lopes Vasquez The County was represented by Collier County Code Enforcement Investigalive Supervisor Jeff Letourneau. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 7 No rental registration Violation address: 3545 23,d Ave. SW, Naples, FL 34117 The County requested imposition ofOperalional Costs in Ihe amount of$155.33, a civil penalty in the amount of $250,00, together with fines in the amount of $2,000.00 for the period from January 12, 2006 through February I, 2006 (20days @ $100.00) for a total fine of$2,405.33. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 4. Case # 2006080317 - BCC vs. William Scrivens Sr. Est.. Cleveland BUrl!ess & James Scrivens The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau and Investigative Field Supervisor Carol Sykora. The Respondents were not present. Violation(s): Ord. 04-41, Sec. 1O.02.06(B)(1)(A), (B)(I)(D), (B)(1)(D)(1) No permit for second mobile home Violation address: 424 15th St. SE, Naples, FL 34142. Supervisor Letourneau stated the violation has been abated. The County requested imposition only of Operational Costs in the amount of$200.38 The Special Magistrate GRANTED the County's Requestfor Imposition of Fines. 5. Case # 2007080668 - BCC vs. RoHan Perez The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator Rob Ganguli. The Respondent was not present. Violation(s): 2004 FBC, R4101. I 7.1 as adopted by Collier Co. Residential swimming pool without safety barrier Violation address: 1974 46th St. SW, Naples, FL 34116 Supervisor Letourneau stated the violations have not been abated and fines continue to accrue, 19 April 4, 2008 The County requested imposilion of Operational Costs in the amount of $264.02, and reimbursemenl for the cost of erecting lemporary fencing in the sum of $145.8], together with fines in the amount of$17,800.00 for the period from Oclober 8, 2007 through Apri] 3, 2008 (178 days@$100.00) for a total fine of$18,209.83. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 6. Case # 2007030290 - BCC vs. DLJ Morteaee Capital. Inc. The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator John Santafemia. The Respondent was not present Violation(s): Ord. 2004-58, Sec. 6, Subsec. ],5, ]] and Sec. 7, Subsec. 2 No rental registration and renting room with no kitchen or bath Violation address: 652 Pompano Drive, Naples, FI 34] ] 0 Supervisor Letourneau staled the violations have not been abaled and fines conlinue to accrue. The County requested imposition of Operational Costs in the amount of $280. ]5, logether with fines in the amount of$7,125.00 for the period from June 23, 2007 through April 3, 2008 (285 days @$25.00) for a total fine of$7,405.]5. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA The Executive Summary for Imposition of Liens for Nuisance Abatement was amended due to the omission of one of the cases from the Executive Summary presented at the previous Hearing. The Special Magistrate approved the Imposition of Lien for Nuisance Abatement in Case # 2007090652 - BCC vs. Than Naing. IX. REPORTS The Special Magistrate stated she granted Motions for Rehearing in two cases: (1) Case # 2005070730 - BCC vs. Bolding & Co, Inc., d/b/a "The Village Inn," Goodland (2) Case # PU 3276 - BCC vs. Greg E. Taras X. NEXT MEETING DATE -April 18, 2008 21l April 4, 2008 There being no further business for the good of the County, the Hearing was adjourned by Order ofthe Special Magistrate at 2:05 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