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CESM Minutes 05/02/2008 May 2, 2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 2, 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: Jeff Letourneau, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: May 2, 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 II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - April 18, 2008 IV. MOTIONS A. Motion to Amend Order I. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2005040514 JOSE A. ORTEGA INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU ORD. 99-51, SEe. 7 LITTER 61840440102 3069 KAREN DRIVE 34112 I. B. Motion for Re-Consideration of Order CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: c. Motion for Continuance 2005070730 BOLDING & CO., INC.VILLAGE INN OF GOODLAND INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU OR 81-42 SEe. I FAILURE TO MAINTAIN OCCUPATIONAL LICENSE FOR THE VILLAGE INN OF GOOD LAND 46270440001 212 HARBOR PLACE 34140 V. PUBLIC HEARINGS A. Stipulations B. Hearings I. CASE NO: PR 002182 OWNER: CATHLEEN GRIFFIN OFFICER: PARK RANGER MAURICIO ARAQUIST AIN VIOLATIONS: ORD. 130-66 FAILURE TO DISPLAY PAID PARKING TICKET VIOLATION ADDRESS: BAREFOOT BEACH ACCESS 2. CASE NO: PU 3276 OWNER: GREG E. TARAS OFFICER: INVESTIGATOR GEORGE CASCIO VIOLATIONS: ORD. 05-54 SEC. 19.e.6 LITTER CONSISTING OF A COMPUTER MONITOR ON CURBSIDE MORE THAN 24 HOURS BEFORE SCHEDULED COLLECTION DAY FOLIO NO: 35985040008 VIOLATION ADDRESS: 2672 TROPICANA BOULEVARD 34116 3. CASE NO: PU 3998 OWNER: JILL J. WEAVER & HENRY J. TESNO OFFICER: INVESTIGATOR MICHAEL ANDRESKY VIOLATIONS: ORD. 05-54, SEe. 19C (6 &12) YARD WASTE STORED ON COUNTY ROW FOLIO NO: 05270060004 VIOLATION ADDRESS: 3072 VANBUREN AVE.34112 4. CASE NO: PU 4055 OWNER: JAMES STOCKMAN OFFICER: INVESTIGATOR GEORGE CASCIO VIOLATIONS: ORD. 02-17 SEe. (5)(5.4) PHASE III WATER RESTRICTION FOLIO NO: 82660004503 VIOLATION ADDRESS: 8130 WILSHIRE LAKES BL.341 09 5. CASE NO: PU 4008 OWNER: CENTEX HOMES OFFICER: INVESTIGATOR JEREMY FLORIN VIOLATIONS: ORD. 2001-73, SEe. 1.4(N) STAND PIPE & HOSE BIB ILLEGALLY CONNECTED TO A COUNTY WATER LINE. (Health, Safety & Welfare Issue) DUE TO NO BACKFLOW DEVICE. FOLIO NO: 68986809024 VIOLATION ADDRESS: 1ST LOT ON EAST SIDE OF STREET 2 6. 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: PU 4046 DAVID A. KENZIE TRS INVESTIGATOR TONY A PHILLIPS ORD. 02-17, SEe. (5)( 5.4) PHASE III WATER RESTRICTION 67282640001 109 EUGENIA DR. 34108 PU 4068 RITA DIANNE HAENER INVESTIGATOR GEORGE CASCIO ORD. 02-17, SEe. 5.4 PHASE III WATER RESTRICTION 82660002628 3944 DEEP PASSAGE WAY 34109 PU 4107 DARREN FREEDMAN INVESTIGATOR ALBERTO SANCHEZ ORD. 02-17, SEe.(5)( 5.4) PHASE III WATER RESTRICTION 51978001083 14933 INDIGO LAKES DR. 34119 PU 4116 KRlSTAL W. SNIDER INVESTIGATOR ALBERTO SANCHEZ ORD 02-17, SEC. (5)(5.4) PHASE III WATER RESTRICTION 23946006556 6931 COMPTON LANE S. 34104 2007110083 COVENANT PROPERTY INVESTMENTS - RIA, ROBERT DUNBAR INVESTIGATOR REGGIE SMITH ORD. 04-41, SECCS) 2.01.00(B)(3)(A)(B)(D) & (E) MULTIPLE COMMERCIAL VEHICHLES & EQUIPMENT BEING STORED ON IMPROVED LOT. 62264920003 5409 TRAMMELL ST. 34113 3 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 200711 0084 COVENANT PROPERTY INVESTMENTS - RIA, ROBERT DUNBAR INVESTIGATOR REGGIE SMITH ORD 07-44,CODE OF LAWS & ORD., ARTICLE X, SECTION 22-352 A,2,& 3 NO ADDRESS NUMBERS POSTED ON PRINCIPAL STRUCTURE 62264920003 5409 TRAMMELL ST. 34113 2007110085 COVENANT PROPERTY INVESTMENTS - RIA, ROBERT DUNBAR INVESTIGATOR REGGIE SMITH ORD. 04-41, LDC, AS AMENDED, SECCS) 4.05.03(A) MULTIPLE VEHICLES PARKED ON THE GRASS 62264920003 5409 TRAMMELL ST. 34113 CEV20080001357 GERALD & LINDA EUST ACHE INVESTIGATOR JOHN CONNETTA ORD. 07-44 AS AMENDED, SECCS) 2.01.00(B)(3)(E) COMMERCIAL VEHICLE PARKED IN RESIDENTIALLY ZONED PROPERTY 62265760000 5405 GILCHRIST ST.34113 2007090497 NORMA RAMIREZ INVESTIGA TOR JONATHAN MUSSEE ORD. 2004-41 AS AMENDED, SEe. 2.01.00(A) MULTIPLE UNLICENSED/INOPERABLE VEHICLES PARKED/STORED ON RESIDENTIALLY ZONED PROPERTY 63853920002 911 JACKSON ST. IMMOKALEE 34142 2007090498 NORMA RAMIREZ INVESTIGATOR JONATHAN MUSSEE ORD. 2005-44, SECCS) 6,7, & 8 PROHIBITED ACCUMULA TION OF LITTER CONSISTING OF BUT NOT LIMITED TO OLD DOORS, ASSORTED METAL & ALUMINUM, WOOD, CANS, CAR HOODS, TIRES & MORE ON RESIDENTIALLY ZONED PROPERTY 63853920002 911 JACKSON ST. IMMOKALEE 34142 4 16. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEV20080000517 ENORD DORILUS & JOSEPH SAUVELUNE INVESTIGATOR RENALD PAUL ORD. 04-41, AS AMENDED, SEe. 2.01.00(A) UNLICENSED / INOPERABLE VEHICLES 36126040002 2000 48TH ST. SW 34116 CELU20080000518 ENORD DORILUS & JOSEPH SAUVELUNE INVESTIGATOR RENALD PAUL ORD. 04-41 AS AMENDED, SEe. 2.02.03 DRESSER BEING STORED IN THE DRIVEWAY 36126040002 2000 48TH ST. SW 34116 2007110238 JAMES W. JOHNSON INVESTIGATOR JONATHAN MUSSEE ORD. 2005-44, SECCS) 6,7, & 8 AS AMENDED RECURRING VIOLATION OF PROHIBITED ACCUMULATION OF LITTER CONSISTING OF AN NO LIMITED TO, ABANDONED BOAT, WOOD, TIRES, WINDOWS, ROFFING MATERIAL, BUCKETS, RUBBER CONES, ETe. ON RESIDENTIALLY ZONED PROPERTY 66220080006 403 16TH ST. SE,IMMOKALEE, FL 34142 CEV20080003611 ESPERANDIEU CIVIL INVESTIGATOR THOMAS KEEGAN ORD. 04-41, AS AMENDED, SEe. 2.01.00(A) REPEA T VIOLATION - UNLICENSED/INOPERABLE VEHICLES 49480480007 4109 DALE A VE.34112 CEPM20080000598 LUIS GUILLERMO ARBOLEDA INVESTIGATOR JOE MUCHA CC CODE OF LAWS & ORD. SEe. 22-231, SUB(S) 12B, 12C, 12F, 121, 12P, & 19C UNSECURED VACANT MOBILE HOME WITH SEVERAL MINIMUM HOUSING VIOLATIONS 50891080001 2620 HOLLY AVE. 5 21. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 22 CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 23. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 24. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: CEV20080003146 MILKA & SERGIO GUZMAN INVESTIGATOR THOMAS KEEGAN ORD. 04-41, AS AMENDED, SEC. 2.01.00(A) UNLICENSED/INOPERABLE VEHICLE PARKED/STORED ON RESIDENTIALLY ZONED PROPERTY 22670520008 3614 POPLAR WAY 34112 CEPM20080004191 RANDY A. SHELTON, REGISTERED AGENT RUTH STROPP ARO INVESTIGATOR ROB GANGULI CC CODE OF LAWS & ORD, CHAP. 22, ARTICLE VI, SEC. 22-243 VACANT SINGLE F AMIL Y STRUCTURE WITH MULTIPLE BROKEN WINDOWS, DOORS & LOCKS ALLOWING ACCESS TO DWELLING 35754560007 4400 20TH AVE. SW 34116 2007100766 JACINTO LUNA & ANGELA N. VICKERY INVESTIGATOR JONATHAN MUSSEE ORD. 2004-41, AS AMENDED, SEC. 10.02.06(B)(l)(A) BUILT A STORAGE SHED WITHOUT FIRST OBTAINING COLLIER COUNTY PERMITS 63857600001 502 WASHINGTON AVE. 34142 CEAU20080002556 JOSE DAVID LA V ADENZ INVESTIGATOR CARMELO GOMEZ 2004 EDITION FL BLDG. CODE, SEe. 105.1 FENCE ERECTED & NO CERTIFICATE OF COMPLETION 36009120007 4523 32ND AVE. SW 34116 6 VI. NEW BUSINESS A. Motion for Imposition of Fines: I. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2007040797 WALTER I. & CLAUDIA D TESTER INVESTIGATOR AZURE SORRELS ORD. 2004-58, SECCS) 6(12F)(l2G)(12H)(12I)(12N) & (15) MINIMUM HOUSING VIOLATIONS 68341280000 310CHORIOS34Il4 2007040718 WALTER L & CLAUDIA D TESTER INVESTIGATOR AZURE SORRELS ORD. 2005-44, SEe.6 & 7 LITTER 68341280000 31 OCHO RIOS 34114 2007050105 KEVIN J. THOMAS, MICHAEL J. VOLOPE RIA INVESTIGATOR KITCHELL SNOW ORD. 2004-41, AS AMENDED, SECCS) 1O.02.06(B)(l)(A), 10.02.06(B)(I)(E), 10.02.06(B)91 )(E)(I), ORD. SECCS) 22, ARTICLE II, SUB. 106.1.2 & FBC 2004 EDITION SEe. 105.1, 105.7 FENCE PEIUvlITS 00279440006 4206 ARNOLD AVE. 34104 2007060828 JON G. & LORA L. MOHRBACHER INVESTIGATOR JOHN CONNETT A ORD. 2004-58, SEe. 7(2) FAILURE TO REGISTER RENTAL PROPERTY 35982000009 4470 24TH PLACE SW 34116 2007060841 MARICE LA NUNEZ INVESTIGA TOR JONATHAN MUSSEE ORD. 2004-58, SEe. 7(2) FAILURE TO REGISTER RENTAL PROPERTY 30682040005 1401 ORANGE ST. 34142 7 VII. OLD BUSINESS VIII. CONSENT AGENDA - Recommendation to approve Amended Order (Impositiou of Lien) for owner of record who failed to pay invoice resulting from nuisance abatement enforcement action. IX. REPORTS X. NEXT MEETING DATE: May 16, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiamj Trail. Xl. ADJOURN 8 May 2, 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: 9:17 AM RECONVENED: 9:39 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item V(B), "Hearings," the following case was DISMISSED by the County: . Agenda #5, Case # PU 4008 - BCC vs. Centex Homes (b) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by the County due to payment: . Agenda #5, Case # 2007060841- BCC vs. Maricela Nunez (c) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by the County due to improper notice: . Agenda #3, Case # 2007050105 - BCC vs. Kevin J. Thomas, Michael J. Volope RIA (d) Under Item V(C), "Emergency Cases," the following case was added to the Agenda: . Case # CEPM 20080005773 - BCC vs. Claude Martel (e) Under Item V(B), "Hearings," Case # PU 3276 - BCC vs. Greg E. Taras (Agenda #2) was moved to Item IV(B), "Motion for Reconsideration of Order" (1) The spelling of the Investigator's last name was corrected to Musse in several of the cases. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES Sue Chapin, Secretary to the Special Magistrate, made the following corrections: (a) On Pages 3 and 4, under "Hearings," in Agenda #3, Case # PU 3933 - BCC ys. Craig & Ginger Lea Robinson, the payment date was corrected to May 18, 2008. (b) On Page 15, under "Imposition of Fines. "in Agenda #12, Case # 2007050335 - BCC Ys. 2 May 2, 2008 Roilan Perez Del Val, the violation period was corrected to "from November 24,2007 through April 18, 2008." The Minutes of the Special Magistrate Hearing held on April 18, 2008, were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion to Amend Order: 1. Case # 2005040514 - BCC vs. Jose A. Orte!!a The Motion Hearing was reques1ed by the County. Collier County Code Enforcement 1nvestiga1ive Supervisor Jeff Letourneau was present. The Responden1 was not present. Violation(s): Ord. 99-51, Sec, 7 Litler Violation address: 3069 Karen Drive, Naples, FL 34112 The Special Magis1rate stated the changes requested were to correc1 a clerical error. Marlene Stewart stated the County was requesting the Special Magistrate amend the Order en1ered on January 18,2008 as follows: "Fines at the rate of$100..0.0. per day for the period between August 31,20.0.5 and December 1, 20.0.5 (92 days) for a total of$9,20.0..0.0. There is a cost for the County to abate the violations of$20.0..0.0. Operational Costs of $152.13 have not been paid. The recommended Lien amount total is $9,552.13." The Special Magistrate GRANTED the County's Motion to Amend the Order of January 18, 2008 as stated. B. Motion for Reconsideration of Order: 1. Case # 2005070730 - BCC vs. Boldin!! & Co.. Inc.. Villa!!e Inn of Goodland The Motion for Reconsideration was requested by the Responden1 who was present. Collier County Code Enforcement Investigative Supervisor Jeff Letourneau was also present. Violation(s): Ord. 81-42, Sec. I Failure to maintain Occupational License for the Village Inn of Good land Violation address: 212 Harbor Place, Goodland, FL 34140 The Respondent, Mike Franklin, slated he is President and owner of Bolding & Co., Inc. He stated he signed a Stipulation on September 20, 2005 which allowed him until October 30, 2005 to obtain an Occupational License. Hurricane Wilma (October 24, 2005) 3 May 2, 2008 destroyed his office and his paperwork was lost. He was not able to obtain a penn it until November 1,2005 because the County's offices were closed, He produced a copy ofa Business Tax Payrnen1 Receipt (#51280) which was introduced as Respondent's Exhibit "A" and admitted in10 evidence. Supervisor Letourneau slated the County did not object to a reduction in the amount of the fines, The Opera1ional Costs of$170.51 had been paid by 1he Respondent. The Special Magistrate GRANTED the Respondent's Motion for Reconsideration and reduced the fines to a total of $500.00 to be paid on or before June 2,2008. (Motion for Re-Hearing) 2. Case # PU 3276 - BCC vs. Gre!! E. Taras The Motion for Re-Hearing was requested by the Responden1 who was present. Collier County Public Utilities Enforcement Investiga10r George Cascio was also present. VioIation(s): Ord. 05-54, Sec. 19.C.6 Litter consisting of a computer moniIor on curbside more than 24 hours before scheduled collection day Violation address: 2672 Tropicana Boulevard, Naples, FL 34116 The Respondent slated he was out of state on the date of1he ini1ial Hearing to meet with several contrac10rs concerning repairs to property located in Tennessee. The Investiga10r stated 1he County did not oppose granting the Motion. The Special Magistrate GRANTED the Respondent's Motion for aRe-Hearing. Re-Hearing of Citation: The Respondent stated he believed 1he litter was not on his property but was on the IS-foot side easement adjacent to his duplex. He stated the litter was on the property line between his duplex and his neighbor's property which is an eight-plex. The Investigator stated he reviewed the aerial photographs from 1he Property Appraiser's Office and detennined the litter (computer monitor) was on 1he Respondent's property. The Respondent stated he contacted the County and was told thai the County could not verify infonnation without checking old surveys. He maintained the computer monitor was approximately 20 feet from his property. He further stated he did not have tenan1s living in the rear apartment at 1hat time, The Investiga10r in1roduced photographs which were marked as County's Exhibi1s "1" and "2" and admitted into evidence. The Respondent slated the viola1ion had been aba1ed and the Investigator concurred. 4 May 2, 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 afine in the amount of $250.00, together with an administrative fee of $5. 00, on or before June 2,2008, 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 2, 2008. C. Motion for Continuance: 9. Case # PU 4116 - BCC vs. Kristal W. Snider The Motion for Continuance was requested by the Respondent who was not present. Collier County Public Utilities Enforcement Senior Inves1igator Ray Addison was present on behalf ofInvestigator Alberto Sanchez. Violation(s): Ord. 02-17, Sec. (5) (5.4) Phase III Water Restriction Viola1ion address: 6931 Compton Lane S., Naples, FL 34104 The Special Magistra1e stated the Respondent had submitted a letter requesting a Continuance. The Investiga10r stated the County did not oppose gran1ing 1he Continuance. The Special Magistrate GRANTED the Respondent's Motion for a Continuance. V. PUBLIC HEARINGS B. Hearings: 4. Case # PU 4055 - BCC vs. James Stockman The Hearing was requested by the Respondent who was present. Collier County Public Utilities Enforcement Investigator George Cacsio was also present. Violation(s): Ord. 02-17, Sec. (5) (5.4) Phase III Wa1er Restriction Violation address: 8130 Wilshire Lakes Blvd., Naples, FL 34109 The Respondent staled his lawn service programmed his sprinkler system and told him it was correct. He was unaware of the changes to the permitted wa1ering schedule and suggested the water bills sent by 1he County could also serve to notify residents of changes. The Investigator staled there were numerous methods of notification including signs in the area, ads on the radio and public television sta1ion, as well as in the newspaper and on the County's website. 5 May 2, 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 afine in the amount of $75.00, together with an administrative fee of $5. 00, on or before June 2,2008, 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 $25. 00 on or before June 2, 2008. 6. Case # PU 4046 - BCC vs. David A. Kenzie TRS The Hearing was requested by 1he Responden1 who was present. Collier County Public U1ilities Enforcemen1 Senior Investigator Ray Addison was present on behalf of Investigator Tonya Phillips. Violation(s): Ord. 02-17, Sec. (5) (5.4) Phase III Water Restric1ion Violation address: 109 Eugenia Dr., Naples, FL 34108 The Respondent stated the property is titled to The Margo A. Kenzie Trus1, Margo A. and David A. Kenzie, Trustees. The Respondent stated he contracted a licensed sprinkler company. After he received the Citation, he turned off the system until he was able to contact the sprinkler company to re-set the sys1em to the correc1 day and time. The Investigator stated he agreed with the Responden1 and asked if the Operational Costs could be waived. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of $75.00, together with an administrative fee of $5.00, on or before June 2,2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. Operational Costs were waived. 8. Case # PU 4107 - Bee vs. Darren Freedman The Hearing was requested by the Respondent who was present. Collier County Public Utilities Enforcement Senior Inves1igator Ray Addison was present on behalf ofInvestigator Alberto Sanchez. Violation(s): Ord. 02-17, Sec. (5) (5.4) Phase 1II Water Restriction Violation address: 14933 Indigo Lakes Dr., Naples, FL 34119 The Respondent stated he re-set the watering system after he received the Citation, but incorrectly changed 1he clock when he changed it again to Daylight Savings Time. The system watered at the correct lime, but on the wrong day. The Inves1igator stated this was a repeat viola1ion. 6 May 2, 2008 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the allegedviolation(s) and was ordered to pay ajine in the amount of $250.00, together with an administrative fee of $5. 00, on or before June 2,2008, 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 2, 2008. 10. Case # 2007110083 - BCC vs. Covenant Property Investments - RIA, Robert Dunbar The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondent was also present. Violation(s): Ord. 04-41, Sec(s), 2,01.00(B)(3)(A)(B)(D) & (E) Mul1iple commercial vehicles and equipment being stored on improved lot Violation address: 5409 Trammell St., Naples, FL 34113 The Respondent slated the correc1 name of the company is Covenant Property Investments I, LLC, and 1hat he is the Managing Partner. The Investigator stated the Notice of Violation was sent on January 25,2008 via Certified Mail and proof of delivery was obtained from the V.S, Postal Service. He in1roduced photographs of1he property which were marked as County's Exhibits "A" through "E" and admitted in10 evidence. The Respondent stated he purchased the property approxima1ely four years ago from the former owner who is now the tenant. He is involved in a lawsuit with the tenant and is not allowed to contact the tenan1 or to enter the property, and all communication is through attorneys. He has fOlwarded all notices to his attorney who, in turn, has forwarded them to the attorney for the tenants. The Respondent introduced photographs which were marked as Respondent's Composite Exhibits "1" and "2," and admitted into evidence. The Investigator stated he spoke with the tenant and most of the vehicles have been removed. He stated the tenant indicated he would cooperate in removal of the remaining equipment. Finding the Notice of Hearing had been properly served; the Respondent was found GUILTY of the alleged violation(s) and was ordered to either remove the equipment, or store the equipment in a completely enclosed structure, or provide a vegetative screen enclosing the equipment from view by the neighbors or from the street, on or before May 9, 2008, or ajine 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. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$272. 70 on or before June 2, 2008. 7 May 2, 2008 The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 11. Case # 2007110084 - BCC vs. Covenant Propertv Investments - RIA, Robert Dunbar The Hearing was reques1ed by Collier Coun1y Code Enforcement Investigator Reggie Smith who was present. The Respondent was also present. VioIation(s): Ord. 07-44, Code of Laws & Ordinances, Article X, Sec1ion 23-352 A, 2, & 3 No address numbers posted on principal structure Violation address: 5409 Trammell St., Naples, FL 34113 The Inves1igator introduced photographs of1he property which were marked as County's Exhibits "A" through "C," and admitted into evidence. He further stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation. The Special Magistrate waived payment of the Operational Costs. 12. Case # 2007110085 - BCC vs. Covenant Propertv Investments - RIA. Robert Dunbar The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondent was also present. Violation(s): Ord. 04-41, LDC as amended, Sec(s), 4.05.03(A) Multiple vehicles parked on the grass Violation address: 5409 Trammell St., Naples, FL 34113 The Investigator introduced photographs of the property which were marked as County's Exhibits "A" through "D," and admitted in10 evidence. He further stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $272.62 on or before June 2, 2008. 13. Case # CEV20080001357 - BCC vs. Gerald and Linda Eustache The Hearing was requested by Collier County Code Enforcement Investigator John Connetta who was present. The Respondents were also present VioIation(s): Ord. 07-44 as amended, Sec(s), 2,OI.OO(B)(3)(E) Commercial vehicle parked in residentially zoned property 8 May 2, 2008 Violation address: 5405 Gilchrist St., Naples, FL 34113 The Respondent stated his correct name was Gerard Eustache and his residence is 5302 Carlton. The Investigator staled 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 the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $245. 93 on or before August 2, 2008. 14. Case # 2007090497 - BCC vs. Norma Ramirez The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was no1 present but was represented by Hector Ramirez, Violation(s): Ord. 2004-41 as amended, Sec. 2.01.00(A) Multiple unlicensed/inoperable vehicles parked/stored on residentially zoned property Violation address: 911 Jackson St., Immokalee, FL 34142 AND 15. Case # 2007090498 - BCC vs. Norma Ramirez The Hearing was requested by Collier County Code Enforcement Investigator Jona1han Musse who was present. The Responden1 was not presen1 bu1 was represen1ed by Hector Ramirez. Violation(s): Ord. 2005-44 as amended, Sec(s) 6, 7 & 8 Prohibited accumulation oflitter consisting of but not limited to old doors, assorted me1al & aluminum, wood, cans, car hoods, tires and more on residentially zoned property Violation address: 911 Jackson St., lmmokalee, FL 34142 Hector Ramirez stated he represented his sister who owns the property and lives in North Carolina. He stated he had no1 told her about the violations or the Hearing. The Special Magistrate explained the owner must be notified. Mr. Ramirez stated he did not know he was supposed to notify his sister. The Special Magistrate ruled that both cases would be CONTINUED to a future Hearing in order to allow for proper notice to be given to the Respondent. 19. Case # CEV20080003611 - BCC vs. Esperandieu Civil The Hearing was requested by Collier County Code Enforcement Investiga10r Thomas Keegan who was present. 9 May 2, 2008 The Respondent was present. VioIation(s): Ord. 04-41 as amended, Sec. 2.01.01(A) Repeat Violation - unlicensed/inoperable vehicles Violation address: 4109 Dale Ave., Naples, FL 34112 The Investigator in1roduced photographs which were marked as County's Exhibits "A" and "8" and admitted into evidence. He further stated although the violation had been abated, it was a repeal viola1ion of a previous offense with the same vehicle and asked for imposition of a civil fine in the amoun1 of $500.00. The Respondent stated he has been out of work for 1he past seven months and is still not working. 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 civil fine of $200. 00 on or before August 2,2008, 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 $223. 29 on or before August 2, 2008. The Special Magistrate informed the Respondent he may ask for an "extension oftime," in writing, ifhe is still unemployed in August. 22. Case # CEPM20080004191 - BCC vs. Randv A. Shelton. Rel!istered Al!ent Ruth Stroooaro The Hearing was requested by Collier County Code Enforcement Inves1igative Supervisor Jeff Letourneau on behalf ofInvestigator Rob Ganguli. The Respondent was not present but was represented by the Registered Agent. Vio1ation(s): CC Code of Laws & Ordinances, Chap. 22, Article VI, Sec. 22-243 Vacant single family s1ruc1ure with multiple broken windows, doors and locks allowing access to dwelling Viola1ion address: 4400 20th Ave. SW, Naples, FL 34116 Ms. Stropparo stated she is the Respondent's authorized representative and manages 1he property for the Respondent. Supervisor Letourneau introduced photographs which were marked as County's Exhibits "A" through "E" 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 obtain a Collier County Boarding Certificate on or before May 9, 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. 10 May 2, 2008 The Respondent was ordered to obtain all required Collier County permits, inspections and a Certificate of Completion to repair/replace the broken windows, doors and locks on or before July 2,2008, or afine of$250.00 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 by either deadline, the County is authorized to abate the violations by contractor bid-out and to 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 $257.05 on or before June 2, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. RECESS: 11:48 AM RECONVENED: 12:03 PM V. PUBLIC HEARINGS B. Hearings: 24. Case # CEAU20080002556 - BCC vs. Jose David Lavadenz The Hearing was requested by Collier County Code Enforcement Investiga10r Carmelo Gomez who was present. The Respondent was also present. VioIation(s): 2004 Edition FL Bldg. Code, Sec. 105.1 Fence erected and no Certificate of Completion Viola1ion address: 4523 32nd Ave. SW, Naples, FL 34116 The Investigator stated a permit had been obtained for the fence, but the Certificate of Completion had not been issued. The Respondent stated he no longer resides at the property which is in foreclosure. He further stated he went to the Information Desk at the County's Horseshoe Drive office and was told by the "clerk" that he didn't need to do anything. The Special Magistrate explained 1hat, as the owner of the property, the Respondent is responsible for its condition until it is sold. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all required inspections and a Certificate of Completion on or before June 2,2008, or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $257.63 on or before 11 May 2, 2008 June 2, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case # 2007040797 - BCC vs. Walter L. & Claudia D. Tester The County was represented by Code Enforcement Investigative Supervisor Jeff Le10urneau and Code Enforcement Inves1igator Azure Sorrels The Respondent, Walter L. Tester, was present and also represented his Wife, Claudia D. Tester. Violation(s): Ord. 2004-58, Sec(s) 6, (12F) (12G) (12H) (121) (12N) & (15) Minimum housing violations Violation address: 31 Ocho Rios St., Naples, FL 34114 The County requested imposition of Operational Costs in the amount of $251.03, toge1her with fines in the amount of $33,750.00 for 1he period from November 24, 1007 1hrough April 7, 2008 (135 days @$250/day), for a total fine of$34,001.03. The Respondent stated the property is located adjacent to his father's home and he purchased i1 in January, 2008. It was abandoned, had become run-down, and was negatively affecting the entire neighborhood, He stated he obtained all required permits and spent thousands of dollars to clean up the property, and stated the former owner who caused the problems should be the one to pay the fines and penalties. He claimed he had not been informed of the pending liens against the property at the lime he purchased it. The Special Magistrate stated ei1her the Respondent's attorney or the title company should have advised him of the liens which were recorded prior to his purchase of the property. Supervisor Letourneau stated the County did not object to waiving the fines, The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but due to mitigating circumstances, the fines were waived and only the Operational Costs of $251.03 were imposed. 2. Case # 2007040718 - BCC vs. Walter L. & Claudia D. Tester The Coun1y was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Code Enforcement Investigator Azure Sorrels The Respondent, Walter L. Tester, was present, and also represented his Wife, Claudia D. Tester. VioIation(s): Ord, 2005-44, Sec(s) 6 & 7 Litter Violation address: 31 Ocho Rios St., Naples, FL 34114 Supervisor Letourneau stated the violations had been abated. The County requested 12 May 2, 2008 imposition only of Operational Costs in the total amount of$235,16. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. V. PUBLIC HEARINGS B. Hearings: 1. Case # PR 002182 - BCC vs. Cathleen Griffin The Hearing was requested by the Respondent who was not present Collier County Park Ranger Mauricio Araquistain was present Violation(s): Ord. 130-66 Failure to display paid parking ticket Viola1ion address: Barefoot Beach access The Park Ranger staled the only visible parking receipt on 1he vehicle was from Lee County, not Collier County. The Special Magistrate noted the Respondent had sent a letter enclosing a copy of the Citation and a copy of a parking receipt dated March 13,2008 issued by Lee 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 civil fine of $30. 00, together with an administrative fee of $5. 00, on or before June 2,2008. 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 June 2, 2008. V. PUBLIC HEARINGS A. Stipulations: 21. Case # CEV20080003146 - BCC vs. Milka and Ser!!io Guzman The Hearing was requested by 1he Respondents who were not present Collier County Code Enforcement Inves1iga1or Thomas Keegan was present Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicle parked/stored on residentially zoned property Violation address: 3614 Poplar Way, Naples, FL 34112 A Stipulation had been agreed to by the Respondent, Sergio Guzman, on behalf of his Wife, Milka Guzman, and himself on April 24, 2008. The Investigator stated the violation was abated on April 22, 2008. 13 May 2, 2008 Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUlL TY of the alleged violation(s) and were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$219.32 on or before June 2, 2008. 16. Case # CEV20080000517 - BCC vs. Enord Dorilus and Joseph Sauvelune The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents had been presen1 earlier and entered into a Stipulation, but chose to leave before their case could be heard, Violation(s): Ord. 04-41 as amended, See, 2,OI.00(A) Unlicensed/inoperable vehicles Violation address: 2000 48th St. SW, Naples, FL 34116 A Stipulation had been agreed to by the Respondents. The Investigator stated the Respondents agreed to pay to the Operational Costs and aba1e the violation. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to obtain a current registration for the vehicle, or store it in a completely enclosed structure, or remove it from the property, on or before May 5, 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 Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $257. 08 on or before June 2, 2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 17. Case # CELU20080000518 - BCC vs. Enord Dorilus and Joseph Sauvelune The Hearing was reques1ed by Collier County Code Enforcement Investigator Renald Paul who was present. The Responden1s had been present earlier and en1ered into a Stipulation, but chose to leave before their case could be heard. Violation(s): Ord. 04-41 as amended, Sec. 2.01.03 Dresser being stored in the driveway ** Violation address: 2000 48th St. SW, Naples, FL 34116 A Stipulation had been agreed to by the Respondents. The Investigator stated 1he violation had been abated. 14 May 2, 2008 Finding the Notice of Hearing had been properly served, and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation and were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $249. 08 on or before June 2, 2008. (** Note: During the Hearing, the Investiga10r stated 1he item of violation was a "refrigerator" and also stated the Vio]a1ion Section was "2.02.03 ") V. PUBLIC HEARINGS B. Hearings: 3. Case # PU 3998 - BCC vs. Jill J. Weaver and Henrv J. Tesno The Hearing was requested by Collier County Public Utilities Enforcement Investigator Michael Andresky who was present. The Responden1s were not present. Violation(s): Ord. 05-54, Sec. 19C, Subsecs. 6 and 12 Yard waste stored on County Right-of-Way Viola1ion address: 3072 Van Buren Ave., Naples, FL 34112 The Investiga10r stated the Citation was issued in January, 2008, and 1he Notice to Appear was issued in March, 2008. The violation has not been aba1ed. The Investigator reques1ed imposition of a civil fine of $1 00 together with a daily fine of $50.00 until the violation has been abated, The Investigator introduced photographs and copies of the affidavits of posting which were marked as County's Exhibits "I" through "15" 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 pay a civil fine of$100.00, and to properly prepare the yard waste for removal by Waste Management on or before May 16, 2008, or afine of $50. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00, together with an administrative fee of $5. 00, on or before June 2,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 7. Case # PU 4068 - BCC vs. Rita Dianne Haener The Hearing was reques1ed by the Respondent who was present. Collier County Public Utili1ies Enforcement Investigator George Cascio was also present. Violation(s): Ord. 02-17, Sec. (5) (5.4) ]5 May 2, 2008 Phase III Water Restriction Viola1ion address: 3944 Deep Passage Way, Naples, FL 34109 The Special Magistrate noted a letter dated March 12, 2008 had been sen1 by an individual named "Ron," who did not identify his relationship to 1he Respondent. The letter stated there was a power outage which caused 1he system 10 malfunction and revert back 10 an old setting. The Investigator stated the Respondent had received the Notice via Certified Mail and proof of delivery had been provided by 1he U.S. Postal Service. He in1roduced photographs which were marked as County's Exhibits "A" and "B" 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 afine in the amount of $75.00, together with an administrative fee of $5. 00, on or before June 2, 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 2, 2008. 18. Case # 2007110238 - BCC vs. James W. Johnson The Hearing was requested by Collier County Code Enforcemen1 Investigator Jonathan Musse who was present. The Respondent was not present. Violation(s): Ord. 2005-44 as amended, Sec(s). 6, 7 & 8 Repeat Violation: Prohibited accumulation of litter consisting of, but not limited to, an abandoned boat, wood, tires, windows, roofing material, buckets, rubber cones, etc., on residentially zoned property Viola1ion address: 403 16th St. SE, Immokalee, FL 34142 The Investigator introduced photographs which were marked as County's Composite Exhibits "A" and "B" and admitted into evidence. The Notice was posted at the property as well as at the Courthouse. The violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation{s) and was ordered to remove all waste items to an appropriate waste disposal facility on or before May 9, 2008; the other items may either be stored in a completely enclosed structure or removed from the property on or before May 9, 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. 1fthe Respondent has not complied by May 9, 2008, Collier County is authorized to abate the violations by contractor bid-out and to assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $216. 09 on or before June 2, 2008. ]6 May 2, 2008 The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 20. Case # CEPM20080000598 - BCC vs. Luis Guillermo Arboleda The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): CC Code of Laws & Ordinances, Section 22-231, Subsecs. 12B, 12C, 12F, 121, 12P, and 19C Unsecured vacan1 mobile home wi1h several minimum housing violations Violation address: 2620 Holly Ave., Naples, FL The Investigator introduced pho10graphs which were marked as Coun1y's Composite Exhibit "A" and admitted in10 evidence. He stated some repairs had been made, but no1 all of the violations had been abated. The Respondent lives out of state and has hired an individual 10 supervise the repairs and clean-up. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to correct all cited minimum housing violations on or before August 2, 2008, or to obtain a Collier County Demolition Permit, all required inspections, and a Certificate of Completion on or before August 2, 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 Respondent has not complied by August 2,2008, Collier County is authorized to abate the violations by contractor bid-out and to assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$278.32 on or before June 2, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. The Investigator stated the Respondent resides at 607 Norland Avenue, Morrisview, P A. He requested that a copy of the Order is sent to the Respondent at the Pennsylvania address. 23. Case # 2007100766 - BCC vs. Jacinto Luna and An2eIa N. Vickerv The Hearing was reques1ed by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondents were not present. VioIation(s): Ord. 2004-41 as amended, Sec. 1O.02.06(B) (I) (A) Built a storage shed without first obtaining Collier County permits Violation address: 502 Washington Ave., Naples, FL 34142 The Investigator introduced photographs which were marked as County's Composite Exhibits "A" and "Boo and admitted into evidence. On May I, 2008, the Investigator stated he spoke with Respondent Vickery who requested additional time since she has to drive into Naples from Immokalee because the County's office in Immokalee had closed. 17 May 2, 2008 Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain either a Collier County Building Permit, all required inspections, and a Certificate of Completion, or a Collier County Demolition Permit, all required inspections, and a Certificate of Completion on or before June 2,2008, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $269.70 on or before June 2, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. V. PUBLIC HEARING C. Emergency Hearing: 1. Case # CEPM20080005773 - BCC vs. Claude Martel The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ord. 07-45, Collier County Code of Laws and Ordinances, Sec. 22-231, Subsecs. 19B and 19C Bee infestation - a Health, Welfare and Safety Issue Violation address: 3155 Karen Drive, Naples, FL The Investiga10r stated he had spoken with 1he Respondent and had personally served him with the Notice of Hearing. A complaint was made by a neighbor living behind the Respondent's property. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to hire a professional bee keeper to remove the infestation of bees on or before May 5, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply by May 5, 2008, the County is authorized to abate the violation by contractor bid-out and to assess the cost to the Respondent. If necessary, the County may request assistance from the Collier County Sheriff's Department in order to obtain compliance. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $219.32 on or before June 2, 2008. VI. NEW BUISNESS A. Motion for Imposition of Fines: 4. Case # 2007060828 - BCC vs. Jon G. and Lora L. Mohrbacher 18 May 2, 2008 The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Code Enforcement Investiga10r John Connetta. The Respondent was not present. Violation(s): Ord. 2004-58, Sec. 7(2) Failure to re~ister rental property Violation address: 447024' Place SW, Naples, FL 34116 Supervisor Letourneau staled the violation had been abated. The County requested imposi1ion only ofOpera1ional Cos1s in 1he total amount of$198.75. The Special Magistrate GRANTED the County's Request for Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA - Recommendation to approve Amended Order (Imposition of Lien) for owner of record who failed to pay invoice resulting from nuisance abatement enforcement action. The Special Magistrate approved an Amended Order to correct errors on the initial Consent Agenda. IX. REPORTS - None X. NEXT MEETING DATE - May 16, 2008 The Hearing was initially adjourned by Order of the Special Magistrate at 1 :37 PM. The Hearing was then reconvened by the Special Magistrate at 1 :41 PM in order to place the following REPORT on the record: Case # PR 000565 - BCC vs. Robert Ahern Violation: Ord. 130-67 Parking in handicapped space without a valid permit The Special Magistrate stated an Order was en1ered on April 4, 2008, following a Hearing which the Respondent did not attend. A Motion for Re-Hearing was filed by the Respondent. The Special Magistrate ruled the Respondent had presented sufficient evidence and GRANTED the Respondent's Motion for a Re-Hearing and stated the Case would be set for a future Hearing. ]9 May 2, 2008 There being no further business for the good of the County, the Hearing was adjourned by Order ofthe Special Magistrate at 1 :48 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistra1e on as presented , or as amended 20