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CESM Minutes 05/16/2008 May 16,2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 16, 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: 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: May 16,2008 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 - May 2, 2008 IV. MOTIONS A. Motion for Continuance V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: CENA 20080005849 CLAUDE MARTEL INVESTIGATOR TOM KEEGAN ORD. 07-45, SEC.54-179,54-180 & 54-181 REPEAT VIOLATION-LITTER 61840320002 FOLIO NO: VIOLATION ADDRESS: 3155 KAREN DR., NAPLES, FL 34112 2. CASE NO: OWNER: OFFICER: VIOLATIONS: CENA20080005861 CLAUDE MARTEL INVEST1GA TOR TOM KEEGAN ORD. 07-45, SEC.54-179,54-180 & 54-181 REPEAT VIOLATION-LITTER 61839440003 FOLIO NO: VIOLATION ADDRESS: 3175 KAREN DR.. NAPLES, FL 34112 3. CASE NO: OWNER: OFFICER: VIOLATIONS: CO 002893 CEPE 20080005792 MICHAEL G. GARDNER INVESTIGATOR CARMELO GOMEZ ORD. 130-66 OBSTRUCTION OF RIGHT-OF-WAY VIOLATION ADDRESS: 5100 31ST PL SW, NAPLES, FL 34116 4. CASE NO: OWNER: OFFICER: VIOLATIONS: CO 00184 CEVFH 20080003290 HARRY WIERSMA INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS CH. 142, SEC(S) 142-33(J),142-37(B),142-58(F)(4) OPERATED VEHICLE FOR HIRE, MAKING A PASSENGER PICK UP IN COLLIER CO. WITHOUT VALID PV AC ISSUED DRIVER ID (PREVIOUS ID EXPIRED 2/5/08) VIOLATION ADDRESS: 280 V ANDERBIL T BEACH RD., RITZ CARLTON 5. CASE NO: OWNER: OFFICER: VIOLA TlONS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: CO 00186 CEVFH 20080002334 NEW PELICAN TRANSPORTATION INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS CHAP 142, SEC(S) 142-55 (A) FAILED TO RENEW CERTIFICATE TO OPERATE A VEHICLE FOR HIRE SERVICE PRIOR TO ITS EXPIRATION ON 1-31-08.BUS1NESS CONTINUES TO ADVERTISE THE PROVISION OF SAID SERVICE. PU 4201 GREGG A. JOHNSON INVISTIGA TOR GEORGE CASCIO ORD. 02-17, SEe. (5)(5.4) PHASE III WATER RESTRICTION 60580001242 2126 MISSION DR., NAPLES, FL 34109 SO 165751 MARCELA UGARTE DEPUTY KRANTZ ORD. SEe. 130-67 PARKING IN HANDICAPPED SPACE VIOLATION ADDRESS: COUGAR DR., BARRON COLLIER HS 2 8. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 159270 MARTIN J. SCAFIDI DEPUTY KLlNKMANN ORD. SEC. 130-67 PARKING IN HANDICAPPED SPACE/NO VISIBLE PERMIT VIOLATION ADDRESS: PHYSICIANS REGIONAL MED CENTER 9. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 159261 ROBERT GARY HINES DEPUTY KLlNKMANN ORD. SEe. 130-67 PARKING IN HANDICAPPED SPACE/NO PERMIT VIOLATION ADDRESS: WALMART E. 10. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 159273 JOSEPH CUSIMANO DEPUTY KLlNKMANN ORD. SEC. 130-67 PARKING IN HANDICAPPED SPACE/NO VISIBLE PERMIT VIOLATION ADDRESS: LOWES ]1. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 000565 - Re-hearing ROBERT AHERN PARK RANGER SK]NNER ORD. SEC. 130-67 PARKING IN HANDICAPPED SPACE WITH NO PERM]T VIOLATION ADDRESS: BAY VIEW PARK 12. CASE NO: OWNER: OFFICER: V]OLATIONS: PR 001866 ALEXIS REVEL PARK RANGER KURT ARAQUIST A1N ORD. SEC. ]30-66 UNAUTHORIZED PARKING-PARKED ON THE GRASS VIOLATION ADDRESS: BAYV1EW PARK 13. CASE NO: OWNER: OFFICER: VIOLAT]ONS: PR 001870 LOU SHEETS PARK RANGER KURT ARAQUISTAIN ORD.130-66 UNAUTHORIZED PARKING VIOLATION ADDRESS: VINEYARD COMMUNITY PARK 3 ]4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: ]5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: ]6. 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: 2007070693 JEFFREY & CLAUDIA KONKUS INVESTIGATOR PATRICK BALDWIN ORD. 2004-58, SEC. 6, SUBS. 15 POOL IS BLACK, ALGAE FILLED & STAGNANT 51978010003 15073 TOPSAIL CT., NAPLES, FL 34119 2007080949 JESUS CASTELLAN INVESTIGATOR REGGIE SMITH ORD. 04-4], AS AMENDED, LDC, SEC. 10.02.06 (B)(])(A),1O.02.06(B)(I)(E)(I), FL BLDG. CODE 2004 EDITION, SEC. 105.1 SHED STRUCTURE ERECTED ON RESIDENTIAL ZONED PROPERTY WITHOUT OBTAINING BUILDING PERMITS, INSPECTIONS & CERTIFICATE OF OCCUPANCY 62260680004 5345 JENNINGS ST., NAPLES, FL 34] 13 CEV20080002380 BERNADETTE DEMBECKI lNVEST1GA TOR RENALD PAUL ORD. 04-4 I, AS AMENDED, SEC. 2.0 1.00(B) RECREATIONAL BOAT IN FRONT YARD OF RESIDENCE 36116720002 2072 50TH TERRACE SW, NAPLES, FL 34 116 CEV20080001046 ELIANA V ACA-SUAREZ INVESTIGATOR RENALD PAUL ORD. 04-41, SEC. 2.01.00(A) VEHICLE WITH EXPIRED TAGS ON A RESIDENTIALLY ZONED PROPERTY 36126080004 ]990 48TH ST. SW, NAPLES, FL 34]]6 2007070649 JAMES M. POTEET lNV. AZURE SORRELS ORD. 04-41 AS AMENDED, SECS. 1O.02.06(B)(I)(A), 1O.02.06(B)(l)(E) & 10.02.06(B)(I)(E)(l), FLORIDA BUILDING CODE 2004 EDIT]ON, SEe. 105.] BUILDING PERMITS 68342680007 71 ISLE OF ST. THOMAS, NAPLES, FL 34114 4 19. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLA TlONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: VI. NEW BUSINESS 2007070651 JAMES M. POTEET INVESTIGATOR AZURE SORRELS ORD. 2004-58, SEC. ]2 NOTICE OF DANGEROUS BUILDING 68342680007 71 ISLE OF ST. THOMAS, NAPLES, FL 34114 2007070652 JAMES M. POTEET INVESTIGATOR AZURE SORRELS ORD. 2005-44, SEC(S) 6. 7 & 8 RECURRING VIOLATION OF LITTER CONSISTING OF, BUT NOT LIMITED TO, WOOD, TIRES, WINDOW PANES, ROLLS OF CHAIN LINK, 5 GAL. BUCKETS, PALLETS, AC UNIT, METAL & ALUM]NUM 68342680007 71 ]SLE OF ST. THOMAS, NAPLES, FL 34114 A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLAT]ONS: FOLIO NO: V]OLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2007090519 PEDRO A. IBARBIA & ISABEL R. IBARBIA INVESTIGA TOR STEPHEN A THEY ORD. 04-41 AS AMENDED, SECS. 2.01.00(B)(3) COMMERCIAL VEHICLES/EQUIPMENT IN RESIDENTIAL DISTRICT 62582920002 696 104TH AVE N., NAPLES, FL 34108 2007010799 EMC MORTGAGE CORP. (HSBS BANK USA NATL ASSOC. TR) INVEST1GA TOR MICHELLE SCAVONE ORD. 04-4] AS AMENDED SECS. 10.02.06(B)(])(E), ]0.02.06(B)(l)(E)(l) AND FLORIDA BUILDING CODE 2004 SEC. 105.1 BUILDING & PLACING A FENCE/EXPIRED PERMIT WITHOUT BEING C-Oed 37645480003 3160 4TH ST NW , NAPLES, FL 34120 2007090300 KERRY HYPPOLITE INVESTIGATOR JOHN SANT AFEM1A ORD. 04-58, SEC. 6, SUBSECS. 121 & 12L; ORD. 04-58, SEe. 7, SUBSEC. 2 MINIMUM HOUSING 36325120008 2640 SANTA BARBARA BLVD., NAPLES, FL 341]6 5 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TlON ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 20071 00032 JASON BOTTlGLIA INVEST]GA TOR MARIO BONO FL BUILDING CODE 2004 EDITION, SECS. 424.2.17.1 TO 424.2.17.14 & CODE OF LAWS, ARTICLE V], PROPERTY MAINTENANCE CODE, SEC. 22.228, PARAGRAPH 15 UNSECURED POOL SCREEN & POOL MAINTENANCE 54850840000 102 CEDAR CREST CT., NAPLES, FL 34]]2 2007020109 ANGEL K. CARRASCO & BLANCA CARRASCO INVESTIGATOR RENALD PAUL ORD. 02-01 AS AMENDED, SEC. 104.5.1.4 FENCE ERECTED ON PREMISES WITHOUT PROPER PERMITS 36231800001 180] 55TH TERRACE SW, NAPLES, FL 34116 2007080054 JOSE LUIS JAIMES & MARTINA JAIMES INVESTIGATOR CAROL SYKORA ORD. 04-58, SEC. 7 FAILED TO REGISTER RENTAL PROPERTY 27192503207 588 HOPE CIRCLE, ]MMOKALEE, FL 34142 2007070238 WILLIAM L. GREEMAN lNVEST]GA TOR CHRISTOPHER AMBACH ORD. 05-44, SECS. 6 & 7 UNLA WFUL TO LITTER & PROHIBITED ACCUMULA TlON OF LITTER VIOLATION ADDRESS: PARCEL #01210520007 8. CASE NO: OWNER: OFFICER: VIOLA TlONS: 2007070239 WILLIAM L. GREEMAN INVESTIGATOR CHRISTOPHER AMBACH ORD. 04-41 AS AMENDED, SEC. 2.01.00(A) INOPERABLE/UNLICENSED VEHICLE(S) VIOLATION ADDRESS: PARCEL #01210520007 6 9. ]0. II. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: V]OLAT10N ADDRESS: CASE NO: OWNER: OFFICER: V]OLATIONS: FOLIO NO: VIOLA TlON ADDRESS: VII. OLD BUSINESS VIII. CONSENT AGENDA IX. REPORTS 2007070801 MATEO F. A Y ALA INVESTIGATOR JONATHAN MUSSE ORD. 04-4] AS AMENDED, SECS. 1.04.0],2.02.03 & 2.01.00(B) RECREATIONAL VEHICLE BEING UTILIZED FOR LIVING/SLEEPING PURPOSES ON RESIDENT]AL-ZONED PROPERTY 60181920007 2]9 N 6TH ST, IMMOKALEE, FL 34142 2007070644 RODRIGUEZ RENTALS INC. INVESTIGA TOR JONATHAN MUSSE ORD. 04-4] AS AMENDED, SECS. I 0.02.06(B)(l )(A), ] 0.02.06(B)(l )(E) & 1 002.06(B)(1 )(E)(I) CONVERSION OF A COMMERCIAL VEHICLE FOR USE AS STORAGE SHED WITHOUT BUILDING PERMITS 131600007 16]3 GROSS AVE., IMMOKALEE, FL 34142 2007060699 HURBERT JEAN BAPTISTE INVESTIGATOR JONATHAN MUSSE ORD. 04-4] AS AMENDED, SECS. 1O.02.06(B)(I)(A), ]0.02.06(B)(I)(E) & ]0.02.06(B)(l)(E)(l) EXPIRED FENCE PERMITS 48530040000 626 N 10TH ST, IMMOKALEE, FL 34142 X. NEXT MEETING DATE: June 6, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. XI. ADJOURN 7 May 16, 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 Heariug, the Respondents were given an opportunity to speak with their Investigatiug Officer(s) for a Resolution by Stipulatiou; looking for compliance without being punitive. RECESS: 9:20 AM RECONVENED: 9:41 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County due to payment: . Ageuda #3, Case # CO 002893 CEPE 20080005792 - BCC vs. Michael G. Gardner . Agenda #5, Case # CO 00186 CEVFH 20080002334 - BCC vs. New Pelican Transportation . Agenda #12, Case # PR 001866 - BCC vs. Alexis Revel . Agenda #13, Case # PR 001870 - BCC vs. Lou Sheets (b) Under Item VI(A), "Imposition of Fines," the following cases were WITHDRAWN by the County due to payment: . Agenda #1, Case # 2007090519 - BCC vs. Pedro A. Ibarbia & Isabel R. Ibarbia . Agenda #6, Case # 2007080054 - BCC vs. Jose Luis Jaimes & Martina Jaimes . Agenda #10, Case # 2007070644 - BCC vs. Rodriguez Rentals, Inc. . Agenda #1], Case # 2007060699 - BCC vs. Hurbert Jean Baptiste (c) Under Item V(C), "Emergency Cases," the following case was added to the Agenda: . Case # CEPM 20080003564 - BCC vs. Jill J. Weaver & Henry J. Tesno (d) Under Item VI(A), "Imposition of Fines," the following cases were WITHDRAWN by the County for abatement by the County: . Agenda #7, Case # 2007070238 - BCC vs. William L. Greeman . Agenda #8, Case # 2007070239 - BCC vs. William L. Greeman (e) The order of Agenda #18, Case # 2007070649 - BCC vs. James M. Poteet and Agenda #]9, Case # 200707065] - BCC vs. James M. Poteet, will be switched. Agenda #]9 will be heard first, followed by Agenda #]8. 2 May 16, 2008 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. The Special Magistrate stuted the Emergency Case, # CEPM 20080003564 - BCC vs. Jill J. Weaver & Henry J. Tesno, would be moved up on the Agenda and would be heard prior to Stipulations. III. APPROVAL OF MINUTES Sue Chapin, Secretary to the Special Magistrate, made the following corrections: (a) Agenda # II, under "Hearings," in Case # 2007110084 - BCC vs. Covenant Property Investments, the Violation Ordinance should be changed to 04-41. This was an error on the Agenda. (b) Agenda #12, under "Hearings," in Case # CEV20080001357 - BCC vs. Gerald and Linda Eustache, the Violation Ordinance should be changed to 04-41. This was an error on the Agenda. (c) Agenda #19, under "Hearings," in Case # CEV20080003611 - BCC vs. Esperandieu Civil, the Section should be changed to 2.01.00. (Typographical error) (d) Agenda #17, under "Hearings," in Case # CELU20080000518 - BCC VS. Enord Dorilus and Joseph Sauvelune, the Section should be changed to 2.02.03. (Typographical error) (e) Agenda #11, under "Hearings," Case # 2007110084 - BCC vs. Covenant Property Investments, and Agenda #12, Case # 2007110085 - BCC vs. Covenant Property Investments, it was noted that Robert Dunbar is the Registered Agent and not a Respondent. The Minutes of the Special Magistrate Hearing held on May 2,2008, were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Continuance: 9. Case # SO ]5926] - BCC vs. Robert Gary Hines The Motion for Continuance was requested by Respondent who was not present. Collier County Sheriffs Department Deputy Fred Klinkmann was present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space/no visible permit Violation address: Walmarl E. The Special Magistrate noted thc Respondent requested the Continuance because he is on trial in another Court. 3 May 16, 2008 The Special Magistrate GRANTED the Respondent's Motion for Continuance. V. PUBLIC HEARINGS C. Emergency Hearing: 1. CEPM 20080003564 - BCe vs. Jill J. Weaver & Henrv J. Tesno The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. Collier County Sheriffs Department Cpl. Mike Nelson and City of Naples Utilities Investigator Kathy Sue Stephens were also present. The Respondents were not present. Violation(s): Collier County Code of Laws and Ordinances, Sec. 22-231, Subsecs. I, 2,3,4,9, 10, 11, 121, 12K, 12L, 13, and 19B Repeat Violation: Minimum Housing (Health, Safety & Welfare issue) Violation address: 3180 Van Buren Ave., Naples, FL 34112 Marlene Stewart stated she received a voice mail message from Respondent Jill Weaver concerning the Hearing. The Investigator stated he called the phone number provided by Ms. Weaver, but he was unable to reach her. He introduced two photographs of the utility meter which were marked as County's Exhibits "A" and "B" and admitted into evidence. Investigator Mucha requested the Special Magistrate access a civil penalty of $5,000.00 because the violation is an on-going, repeat violation as well as a Health, Safety and Welfare issue. Investigator Stephens stated the Respondents owe $1,352.75 in unpaid water bills. 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 penalty of $5,000.00 on or before June 16,2008. The Respondents were also ordered to restore water and electrical service to the mobile home by obtaining valid, active accounts with the City of Naples and Florida Power and Light, and to abate all remaining Minimum Housing violations, on or before May 23, 2008, or a fine of $500.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents are unable to comply, the County is authorized to demolish the mobile home by contractor bid-out and to assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$271.25 on or 4 May t 6, 2008 before June 16, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. A. Stipulations: ] 7. Case # CEV 2008000]046 - BCC vs. Eliana Vaca-Suarez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent had been present earlier and entered into a Stipulation, but chose to leave before her case could be heard. Violation(s): Ord. 04-41, Sec. 2.01.00(A) Vehicle with expired tags on a residentially-zoned property Violation address: 1990 48th St. SW, Naples, FL 34116 A Stipulation had been agreed to by the Respondent. 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 current registration for the vehicle, or remove it from the property, or store it in a completely enclosed structure on or before May 19,2008, or afine of $50. 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, the County is authorized to abate the violation 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 $252.68 on or before June 16, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. 6. Case # PU 420] - BCC vs. Grel!l! A. Johnson The Hearing was requested by the Respondent who had been present earlier and entered into a Stipulation, but chose to leave before his case could be heard. Collier County Public Utilities Enforcement Investigator George Cascio was present. Violation(s): Ord. 02-17, Sec. 5, and 5.4 Phase III Water Restriction Violation address: 2126 Mission Dr., Naples, FL 34109 A Stipulation had been agreed to by Respondent, Gregg A. Johnson, on behalf of his Wife, Cari Johnson, and himself 5 May 16, 2008 The Investigator stated the Respondent represented his wife as well as himself when he agreed to the Stipulation. Finding the Notice of Hearing had been properly served, the Respondents were found GUlL TY of the alleged violation(s) and were ordered to pay a civil fine of $75.00, together with an administrative fee of$5.00, 011 or before June 16, 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 June 16, 2008. B. Hearings: 1. Case # CENA 20080005849 - BCC vs. Claude Martel The Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent was present. Violation(s): Ord. 07-45, Sec. 54-179, 54-180 & 54-181 Repeat Violation - Litter Violation address: 3155 Karen Dr., Naples, FL 34112 The Investigator stated he performed a site inspection on April 16,2008 and spoke with the Respondent concerning the violation. Notice was issued on May 7, 2008. The Investigator introduced 25 photographs of the property which were marked as County's Composite Exhibit "A" and admitted into evidence. The Investigator stated litter extends over to 3175 Karen Drive (Agenda #2). The Respondent stated he is trying to clean up both this property as well as another property. The Investigator stated this has been an on-going problem with the Respondent and requested that a civil penalty of$5,000.00 be assessed. The Respondent stated his property is fenced and he did not want anyone on his property removing items because they would not know what is valuable and not junk. 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 $5,000.00 on or before July 16, 2008. The Respondent was ordered to either remove all litter to an appropriate waste disposal facility, or store the items within a completely enclosed structure on or before May 23, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 6 May] 6,2008 If the Respondent is unable to comply, the County is authorized to abate the violation 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 $220.83 on or before July 16, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. 2. Case # CENA 20080005861 - BCC vs. Claude Martel The Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent was present. Violation(s): Ord. 07-45, Sec. 54-179, 54-180 & 54-181 Repeat Violation - Litter Violation address: 3175 Karen Dr.. Naples, FL 34112 The Investigator introduced 12 photographs of the property which were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent stated some of the items had been removed and he intends to place others by the curb for pick-up by Waste Management. Finding the Notice of Hearing had been properly served, the Respondent wasfound GUILTY of the alleged violation(s} and was ordered to pay a civil fine of $5,000. 00 on or before July 16, 2008. The Respondent was ordered to either remove all litter to an appropriate waste disposal facility, or store the items within a completely enclosed structure on or before May 23,2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply, the County is authorized to abate the violation 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 $220.83 on or before July 16, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. The Respondent stated he needed more time to comply. The Investigator stated this has been an on-going problem. He was concerned the Respondent would simply move the litter to another of his properties instead of disposing of it. 7 May 16,2008 The Special Magistrate advised the Respondent that he had the right to appeal the decision. 7. Case # SO 165751 - BCC vs. Marcela Ul!arte The Hearing was requested by the Respondent who was present. Collier County Sheriff's Department Deputy David Krantz was also present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space Violation address: Cougar Dr., Barron Collier HS The Respondent stated she confused the visitor parking spot, where she thought she was parking, with the handicapped parking spot. The Deputy stated the handicapped parking spot was properly marked. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $250. 00 on or before July 16, 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 July 16,2008. 8. Case # SO 159270 - BCC vs. Martin J. Scafidi The Hearing was requested by the Respondent who had been present earlier, but chose to leave before his case could be heard. Collier County Sheriff's Department Deputy Fred Klinkmann was present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space/no visible permit Violation address: Physicians Regional Med Center Deputy Klinkmann asked for the case to be WITHDRAWN. He stated the Respondent provided his handicapped parking permit and agreed to pay the $5.00 administrative fee. The Special Magistrate GRANTED the Deputy's request. The case was WITHDRA WN. ]0. Case # SO ]59273 - BCC vs. Joseph Cusimano The Hearing was requested by the Respondent who was not present. Collier County Sheriff's Department Deputy Fred Klinkmann was present. 8 May 16, 2008 Violation(s): Ord. Sec. 130-67 Parking in handicapped space/no visible permit Violation address: Lowes The Investigator stated no handicapped permit was displayed on the vehicle. Marlene Stewart stated the Respondent was notified of the Hearing on May I, 2008 via Certified Mail and regular U.S. Mail delivery. 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 civilfine of$250.00 011 or before June 16, 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 ]6, 2008. (Re-Hearine) 11. Case # PR 000565 - BCC vs. Robert Ahern The Re-Hearing was requested by the Respondent who was present. Collier County Park Ranger Skinner was also present. Violation(s): Ord. Sec. 130-67 Parking in handicapped space/no visible pemlit Violation address: Bay View Park The Respondent stated there were no spaces big enough to accommodate his truck with the trailer attached, so he separated the trailer from the truck and parked the trailer where he thought it was legal for him to park. He stated he purchased parking receipts for both the trailer and the truck. The Respondent introduced photographs which were marked as Respondent's Composite Exhibit "A," Exhibit "B" and Exhibit "c" and were admitted into evidence. The Park Ranger stated no registration tag was visible on the trailer. The trailer intruded into the handicapped parking spot and was parked on the handicapped access lane. The Park Ranger introduced photographs which were marked as County's Composite Exhibit "A" and were admitted into evidence. He stated an elderly couple approached him stating they could not park in the handicapped space due to the trailer. Finding the Notice of Hearing had been properly served, the Respolldent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $250. 00 on 9 May 16, 2008 or before June 16, 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 16, 2008. The Special Magistrate stated a 45 minute-lunch break would be taken later during the course of the Hearings. RECESS: 11:30 AM RECONVENED: 11:48 AM VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. Case # 2007090300 - BCC vs. Kerrv Hvppolite The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator John Santafemia. The Respondent was also present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 121 & 12L, and Sec. 7, Subsec. 2 Minimum housing Violation address: 2640 Santa Barbara Blvd., Naples, FL 34116 The County requested imposition of Operational Costs in the amount of$259.74, together with fines in the amount of$31,250.00 for the period from January 12,2008 through May 16, 2008 (125 days @$250/day), and fines in the amount of $3,125.00 for the period from January 12,2008 through May 16,2008 (125 days @$25.00/day), for a grand total of $34,634.74. The Respondent stated she did not know that rental property was supposed to be registered. She said the last tenant moved out between January 25 - 26, 2008, and the property is now in foreclosure. She further stated the broken window had been repaired, in addition to another broken window, but the tenant broke the window again before moving out. The Special Magistrate reduced the fines for the rental registration violation to $275.00 (II days for the period from January 12 through 23, 2008 @ $25.00/day). The total amount of fine is $31,784.74. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines in the total amount of $31,784. 74. The Special Magistrate ruled that fines would not accrue for the rental registration violation, but fines would continue to accrue on the Minimum Housing violation. 10 May 16, 2008 The Respondent was advised to write a short letter to Code Enforcement stating there are no tenants residing at the property, and it is no longer used as rental property. The Respondent stated she resides at 4185 Heritage Circle, Apt. #201, Naples, FL 34116. 5. Case # 2007020]09 - BCC vs. Anl!el K. Carrasco & Blanca Carrasco The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator Renald Paul The Respondent was present and also represented his sister, Blanca Carrasco. Violation(s): Ord. 02-01, as amended, Sec. 104.5.1.4 Fence erected on premises without proper permits Violation address: 1801 55th Terrace SW, Naples, FL 34116 The County requested imposition of Operational Costs in the amount of $254.27, together with tines in the amount of $6,200.00 for the period from January 8, 2008 through March 10,2008 (62 days @$100/day), for a total of $6,454.27. The Respondent stated he obtained a second permit and had called for an inspection which he thought had been done. He stated the only letter he received from the County was the Notice of Hearing, and was unaware of the previous Hearing. The fence was completed under the first permit and was installed because there were two break-ins at the property. The Certificate of Completion was obtained on March 10,2008. The Respondent stated he lives at 4255 loth Street NE, Naples, FL 34120. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. The Special Magistrate advised the Respondent that he is entitled to apply for a Re- Hearing on this matter. V. PUBLIC HEARINGS B. Hearings: Investigator Sorrells had requested to hear these cases out of order (per revision to the Agenda) but the Respondent objected. (per revision to the Agenda). The Special Magistrate modified the Agenda to accommodate the Respondent's objection.. ]8. Case # 2007070649 - BCC vs. James M. Poteet The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was also present. II May 16, 2008 Violation(s): Ord. 04-41 as amended, Secs. 1O.02.06(B)(1)(A), 1O.02.06(B)(I)(E) and 1O.02.06(B)(1 )(E)(l), Florida Building Code 2004 Edition, Sec. 105.1 Building permits Violation address: 71 Isle ofSt. Thomas, Naples, FL 34114 The Investigator stated the violation concerns an unpermitted fence and the case began on July 13, 2007. To date, no permits issued for this fence have been located. The property was posted in August, 2007. She again spoke with the Respondent on April 21, 2008 and informed him that the Notice of Hearing would be issued. The Investigator introduced three photographs where were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent stated he bought the property in 1983, and it was fenced on two sides. He futher stated the damage was caused by "the hurricanes." He claimed he was told by a Code Enforcement Investigator that he did not have to worry about the fence because it was in the right place. The Special Magistrate asked if the fence location was in compliance with Code. The Investigator stated she did not know and would have to conduct further research. The County requested a CONTINUANCE of this Case. When asked ifhe objected, the Respondent stated he did not know what his rights were or whether his rights were being violated. He was not represented by an attorney because he could afford to hire an attorney. The Special Magistrate stated she would hear the remaining two cases concerning the Respondent's property and would reserve her decision on whether or not to grant the County's Motion until after both cases were presented. ]9. Case # 200707065] - BCC vs. James M. Poteet The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was also present. Violation(s): Ord. 2004-58, Sec. 12 Notice of dangerous building Violation address: 71 Isle ofSt. Thomas, Naples, FL 34114 The Investigator stated this case was also opened on July 13, 2007. She stated she spoke to the Respondent on August 16, 2007 concerning the property, and requested a structural inspection of the property which was conducted in August 17,2007. The property was declared as hazardous. The Notice of Violation was posted on August 29, 2007. The 12 May 16, 2008 Respondent spoke with Supervisor Patti Petrulli as well as the Investigator concerning his inability to repair the property due to lack of finances. The Investigator introducted photographs which were taken on February 12, 2008 and May 14, 2008 which were marked as County's Composite Exhibit "A" and "B" respectively and admitted into evidence. The Investigator stated there was a CBS addition built onto the mobile home which had been permitted in 1986 but an enclosed porch had not been permitted. The back portion of the mobile home was completely torn apart and the exterior walls have been removed. The mobile home is covered by a tarp and the roof is bowing in spots. The entire structure (mobile home and addition) was declared as dangerous and likely to collapse. The Respondent stated he has been trying to save his house and made repairs, but the County stated other repairs had to be made. He stated he tried to comply with the changes demanded by the County but claimed those changes ruined his property. He introduced a photograph which was marked as Respondent's Exhibit "1" and admitted into evidence. He stated the tarp was able to keep the water out of his property. He stated he was not financially able to make further repairs. The Investigator stated a pernJit is not required for repairs to a mobile home but is required for the additional structure which the Respondent had constructed. The Respondent did begin the permitting process in 1986, but his permit was denied. The Special Magistrate stated the County had met its burden of proof. 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 Demolition Permit, all required inspections and a Certificate of Completion, and remove all debris to an appropriate waste disposal facility on or before June 16, 2008, or a fine of $200.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply, the County is authorized to abate the violation 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 $338.50 on or before August 16, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. The Respondent asked for additional time and requested six months. The Investigator stated the Respondent was informed of the violation in August, 2007. 13 May] 6, 2008 The Special Magistrate DENIED the Respondent's request for additional time to comply with the Order. 20. Case # 2007070652 - BCC vs. James M. Poteet The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was also present. Violation(s): Ord 2005-44, Sec(s). 6, 7 & 8 Repeat Violation: Litter consisting of, but not limited to, wood, tires, window panes, rolls of chain link, 5 gal. buckets, pallets, NC unit, metal and aluminum Violation address: 71 Isle ofSt. Thomas, Naples, FL 34114 The Investigator stated the case was open in July, 2007. The Investigator introduced six photographs which were marked as County's Composite Exhibit "A". She stated the Respondent has made a great effort to clean up the litter and has removed most of it. The Respondent stated he is working on clearing up the remaining litter and asked for additional time. The Special Magistrate gave a deadline of May 30, 2008 for compliance. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all remaining litter to an appropriate waste disposal facility on or before May 30,2008, 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. If the Respondent is unable to comply, the County is authorized to abate the violation 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$264.5I on or before August 16,2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. The County reiterated its Request for a Continuance. The Special Magistrate GRANTED the County's Requestfor a Continuance but the case will not be brought back until after the deadlines for the previous two cases have expired. The Respondent stated his mailing address: Post Office Box 634, Goodland, FL 34140. 14 May 16, 2008 RECESS: 1:26 PM RECONVENED: 2:2] PM V. PUBLIC HEARINGS B. Hearings: 4. Case # CO 00]84 CEVFH 20080003290 - BCC vs. Harrv Wiersma The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator Michaelle Crowley was present. The Investigator stated she had been informed by the Respondent he would be out-of- state at the time ofthe Hearing. The Respondent's employer had been present earlier but left before the case could be heard. Violation(s): Code of Laws Ch. 142, Sec(s). 142-33(J), 142-37(B), 142-5S(F)(4) operated vehicle for hire, making a passenger pick up in Collier Co. without valid PV AC issued driver ID (previous 1D expired 2/5/08) Violation address: 2S0 Vanderbilt Beach Rd., Ritz Carlton Marlene Stewart stated the Notice of Hearing was sent to the Respondent via Certified Mail and proof of delivery had been confirmed by the U.S. Postal Service. The Investigator stated she observed the Respondent operating a vehicle for hire [an unmarked charter sedan owned by Naples Transportation Tours of Collier County] at the Ritz-Carlton Hotel on March 5, 200S. The Respondent presented his driver's identification (#277) which had expired of February 5, 2007. The Investigator confiscated the identification, a copy of which was marked as County's Exhibit "A" and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of 500. 00, together with an administrative fee of $5.00 on or before June 16, 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 oftllis case in the amount of $50. 00 on or before June 16, 2008. 14. Case # 2007070693 - BCC vs. Jeffrev & Claudia Konkus The Hearing was requested by Collier County Code Enforcement Investigator Patrick Baldwin who was present. The Respondents were not present. VioJation(s): Ord. 2004-58, Sec. 6, Sub. 15 Pool is black, algae filled & stagnant 15 May] 6, 2008 Violation address: 15073 Topsail Ct., Naples, FL 34119 The Investigator stated Notice of Violation was posted at the property on August 14, 2007. The Notice of Hearing was sent via Certified Mail on May I, 2008. Proof of delivery was confirmed by the U.S. Postal Service. The receipt was signed by Claudia Konkus. The Investigator introduced photographs which were marked as County's Exhibit "A" and "B" and admitted into evidence. He stated the violations have 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 clean and maintain the swimming pool on or before May 23,2008, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subseque11l 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$277.65 on or before June 16, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. ]5. Case # 2007080949 - BCC vs. Jesus Castellan The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondent was not present. Violation(s): Ord. 04-41, as amended, LDC, Sec.IO.02.06(B)(I)(A), 1O.02.06(B)(I)(E)(I), FI Bldg. Code 2004 Edition, Sec. 105.1 Shed structure erected on residentially-zoned property without obtaining building permits, inspections & Certificate of Occupancy Violation address: 5345 Jennings St., Naples, FL 34113 The Special Magistrate noted Collier County had adopted the Florida Building Code. The Investigator introduced several photographs which were marked as County's Exhibit "A" (dated: 08/28/07), Composite Exhibit "B" (dated: 11108/07), and Exhibit "c" (dated: 05/15/08) and admitted into evidence. The Notice of Violation was served in August, 2007 to the owner's son, Juan. On September 10,2007 he received a phone call from the owner's son asking about the permitting process. A meeting was arranged, but the Respondent did not attend. The permit was initially rejected and then resubmitted. The first building inspection performed in May, 2008, had failed. The Notice of Hearing was posted at the property and the Courthouse on May 2,2008. 16 May 16, 2008 The violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all required inspections, and a Certificate of Completion, on or before June 16,2008, or afine of$IOO.OO per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $388. 61 on or before June 16, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 16. Case # CEV20080002380 - BCC vs. Bernadette Dembecki The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(8) Recreational boat in front yard of residence Violation address: 2072 50th Terrace SW, Naples, FL 34116 The Investigator stated the Notice of Violation was posted at the property and the Courthouse on March 20, 2008. The Notice of Hearing was posted at the property and the Courthouse on May 2, 2008. The Investigator introduced the following photographs which were marked as County's Exhibits and admitted into evidence: Exhibit "A" - one photograph dated 02/20/08 Composite Exhibit "8" - three photographs dated 03/20/08 Exhibit "C" - one photograph dated 04/15/08 Composite Exhibit "D" - two photographs dated 05/02/08 Exhibit "E" - one photograph dated 05/15/08 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 recreational vehicle from the property or store it in a completely enclosed structure, on or before May 19, 2008, or afine of $50. 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 $228.33 on or before June 16,2008. 17 May 16, 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: 2. Case # 20070]0799 - BCC vs. EMC Mortl!al!e Corp. (HSBS Bank USA NatI Assoc. Tr.) The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator Michelle Scavone VioIation(s): Ord. 04-41, as amended, Secs. 1O.02.06(B)(I)(E), 1O.02.06(B)(I)(E)(I) and Florida Building Code 2004 Sec. 105.1 Building and placing a fence/expired permit without being C/O'd Violation address: 3160 4th St NW , Naples, FL 34120 Supervisor Letourneau stated the violation had not been abated. The County requested imposition of Operational Costs in the amount of $240.12, together with fines in the amount of$15,100.00 for the period from December 17,2007 through May 16, 2008 (151 days @$IOO/day), for a total of$15,340.12. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines. 4. Case # 2007100032 - BCC vs. Jason Bottil!lia The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator Thomas Keegan on behalf of Investigator Mario Bono. Violation(s): FL Building Code 2004 Edition, Secs. 424.2.17.1 TO 424.2.17.14 & Code of Laws, Article VI, Property Maintenance Code, Sec. 22.228, Paragraph 15 Unsecured pool screen & pool maintenance Violation address: 102 Cedar Crest Ct., Naples, FL 34112 Supervisor Letourneau stated the violation had not been abated. The County requested imposition of Operational Costs in the amount of $203.41, together with fines for the screen repair violation in the amount of $31 ,750.00 for the period from January 10, 2008 through May 16, 2008 (127 days @$250/day), and fines for the pool violation in the amount of$31,250.00 for the period from January 12, 2008 through May 16, 2008 (125 days @250/day), for a grand total of $63,203.41. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines. ] 8 May t6, 2008 9. Case # 200707080] - BCC vs. Mateo F. Avala The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau and Investigator Jonathan Musse The Respondent had been present earlier but chose to leave before the case could be heard. Violation(s): Ord. 04-41, as amended, Secs. 1.04.01,2.02.03 & 2.01.00(B) Recreational vehicle being utilized for living/sleeping purposes on residentially-zoned property Violation address: 219 N 6th St, Immokalee, FL 34142 Supervisor Letourneau stated the violation had been abated and the County requested imposition only of Operational Costs in the amount of$225.12. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA-None IX. REPORTS - None X. NEXT MEETING DATE - June 6, 2008 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:55 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 19