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CESM Minutes 07/01/2008 July I, 2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 1,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3'd 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: Susana Capasso, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: July 1,2008 at 9:00 A.M. Location: 330 I 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 - June 6, 2008 IV. MOTIONS A. Motion for Continuance V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLA nONS: SO 159273 - Re-hearing JOSEPH CUSIMANO DEPUTY FRED KLINKMANN ORD. SEC. 130-67 PARKING IN HANDICAPPED SPACE/NO VISIBLE PERMIT . VIOLATION ADDRESS: LOWES 2. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 165068 LEONARD ELLIS DEPUTY KENNETH ROBINS ORD.SEC.130-67 PARKING IN HANDICAP SPACEIPERMIT HOLDER NOT PRESENT VIOLA nON ADDRESS: THE STRAND AT MCDONALD'S 3. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 165804 PETERJ. MCGRATH DEPUTY FRED KLINKMANN ORD.SEC.I30-67 PARKED IN HANDICAP SPACE/NO VISIBLE PERMIT VIOLATION ADDRESS: 6650 COLLIER W ALMART 4. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 164748 RONALD J. COLEMAN DEPUTY LAWRENCE KELLER ORD.SEC.I30-67 BLOCKING ACCESS TO HANDICAP SPACE VIOLATION ADDRESS: BED & BATH/REAR OF MARINE RECRUITING STATION 5. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 165819 MICHAEL MINOTTI DEPUTY FRED KLINKMANN ORD. SEe. 130-67 PARKED IN HANDICAP SPACE/NO VISIBLE PERMIT VIOLATION ADDRESS: CARILLON PLAZA/OFFICE MAX 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FA 15259 MATHWORKS DEPUTY JOYCE LOWRIE ORD.200I-56 REGISTRATION VIOLATION VIOLATION ADDRESS: 7765 PRESERVE LANE #5 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FA 15331 MATHWORKS DEPUTY JOYCE LOWRIE ORD. 2004-48 EXCESSIVE FALSE ALARMS VIOLATION ADDRESS: 7765 PRESERVE LANE #5 8. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 002974 SANDRA WARDENSKY DEPUTY BARRY GORNIAK ORD. SEC. 130-67 PARKING IN A HANDICAP SPACE VIOLATION ADDRESS: VINEYARDS COMMUNITY PARK 2 9. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 002976 ERIC BORGES DEPUTY BARRY GORNIAK ORD. SEe. 130-66 BLOCKING WHEELCHAIR RAMP ACCESS VIOLATION ADDRESS: VINY ARDS COMMUNITY PARKJSCHOOL LOT 10. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 002967 SAMUEL CARUTHERS DEPUTY BARRY GORNIAK ORD. SEC. 130-66 FAILURE TO PRO PERL Y DISPLAY A CURRENT LAUNCH FEE RECEIPT VIOLATION ADDRESS: BAYVlEW PARK 11. CASE NO: OWNER: OFFICER: VIOLATIONS: PR 002096 JAMES N. GREENBLATT DEPUTY KURT ARAQUISTAIN ORD. SEe. 130-67 FAILURE TO DISPLAY A PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEV20080005910 HAROLD E. GAY INVESTIGATOR JOHN CONNETT A COLLIER CO. LDC 04-41, AS AMENDED, SEC. 2.01.00(B) RECREATIONAL VEHICLEIEQUIPMENT PARKED IN THE DRIVEWAY OF RESIDENCE 62257320005 5217 PERRY LANE, NAPLES, 34113 20080007324 JOHN C. EMERY INVESTIGATOR HEINZ BOX COLLIER CO. LDC 04-41, AS AMENDED, SEC. 2.01.00(B) RECREATIONAL VEHICLE TO WIT: A BOAT ON A TRAILER PARKED ON SIDE OF RESIDENCE 80271201301 2815 BECA AVE NAPLES, 34112 3 14. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 16. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 18, CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM2008000379I FLOZELL SLEDGE INVESTIGATOR JOE MUCHA CODE OF LAWS & ORD., ARTICLE VI, SEC.22-23I, SUBS. 1-4,7-11, 12B, 121- 12M, 120, 12P, 19A-19D, 20 RENTAL PROPERTY WITH MULTIPLE MINIMUM HOUSING VIOLATIONS 56403840002 413 GAUNT ST., IMMOKALEE, 34142 CEV 20080003402 CHERYL REDMOND INVESTIGATOR MARIO BONO COLLIER CO. LDC 04-41, AS AMENDED, SEe. 2.0 1.00(A) INOPERABLE VEHICLE 53264002066 5584 LAGO VILLIAGGIO WAY, NAPLES 34104 CEPM2008000I537 LOUlCESSE & MARIA DORSAINT INVESTIGA TOR JONATHAN MUSSE CODE OF LAWS & ORD., ARTICLE VI, SEC.22-23 I, SUBS. 12(N) FENCE ON RESIDENTIALLY-ZONED PROPERTY IN DISREPAIR & STRUCTURALLY UNSOUND 81680800005 222 3RD ST. IMMOKALEE 34142 CESD20080000979 SERGIO R. & EVA SILVA INVESTIGATOR JONATHAN MUSSE COLLIER CO. LDC 04-41, AS AMENDED, SEC(S). IO.02.06(B)(I)(A), 1O.02.06(B)(l )(E) & I 0,02.06(B)(l )(E)(I) CONCRETE ADDITION ON SIDE OF HOUSE BUILT WITHOUT OBTAINING PROPER COLLIER CO. PERMITS 66881360000 309 6TH ST. IMMOKALEE 34142 2007080262 JANE R. KELLENBENZ INVESTIGATOR RON MARTINDALE ORD. 04-58, SEC.6, SUB.1S SWIMMING POOL NOT PROERL Y MAINTAINED AS REQUIRED 62637240006 627 98TH AVE.N. NAPLES 34108 4 19. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 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: CEV20080004926 GEORGE F. ELLIOTT INVESTIGATOR RON MARTINDALE COLLIER CO. LDC 04-41, AS AMENDED, SEC. 2.0I,00(A) UNLICENSED/ VEHICLE(S) 62632200009 649 IOIST AVE. N.NAPLES, 34108 CEV20080004285 ROLAND WILLIAMCEAU INVESTIGATOR RENALD PAUL COLLIER CO, LDC 04-41, AS AMENDED, SEC. 2.0 I .OO(A) UNLICENSED/INOPERABLE VEHICLE(S) 36384920003 2498 55TH TERRACE SW NAPLES, 34116 CEV20080005595 FIDEL & ERICA CHAVEZ INVESTIGATOR RENALD PAUL COLLIER CO. LDC 04-41, AS AMENDED, SEC. 4.05,03(A) PARKING & STORAGE OF VEHICLE(S) WITHOUT CURRENT LICENSE PLATE(S) 36307440007 2401 55TH ST. SW NAPLES, 34116 CEV20080005602 JULIAN & YOLANDA CRUZ INVESTIGATOR RENALD PAUL COLLIER CO. LDC 04-41, AS AMENDED, SEC. 4.05.03(A) PARKING IN GRASS AREA 36307280005 2371 55TH ST. SW,NAPLES 34116 CESD 20080003766 RODNY DAREUS & DALMACY DAREUS INVESTIGATOR TOM KEEGAN COLLIER CO. LDC 04-41, AS AMENDED, SEC(S) I 0.02.06(B)(l )(A), IO.02.06(B)(I)(E) & 10.02.06(B)(l)(E)(I) CINDERBLOCK SHED ERECTED WITHOUT OBTAINING PROPER COLLIER CO. PERMITS 60481360008 4262 MOHAWK PLACE, NAPLES 34112 5 24. 25, 26. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: C. Emergency Cases: VI. NEW BUSINESS CEV20080007422 JILL J. WEA VER-TESNO & HENRY TESNO INVESTIGATOR TOM KEEGAN COLLIER CO. LDC 04-41, AS AMENDED, SEe. 2.01.00(A) REPEAT VIOLA TION/ UNLICENSED/INOPERABLE VEHICLE(S) 71800000543 341 I BASIN ST. NAPLES, 34112 CENA20080007439 JILL J, WEA VER-TESNO & HENRY TESNO INVESTIGATOR TOM KEEGAN CODE OF LAWS & ORD., CHAPTER 54, ARTICLE VI, SEC(S).179-181 REPEAT VIOLA TION/LITTER 71800000543 3411 BASIN ST. NAPLES, 34112 CEV20080007718 JILLJ. WEAVER-TESNO & HENRY TESNO INVESTIGATOR TOM KEEGAN COLLIER CO. LDC 04-41, AS AMENDED, SEC. 2.01.00(A) REPEAT VIOLA TION/ UNLICENSED/INOPERABLE VEHICLE(S) 71800000527 3 I 17 ARECA A VE,NAPLES, 34112 A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2007090050 BERNARD & PATRICIA HAYWOOD INVESTIGATOR CARMELO GOMEZ ORD. 04-41 AS AMENDED SEC. 10.02.06(B)(l)(A) CARPORT ERECTED WITHOUT REQUIRED COLLIER CO., PERMITS 35992120005 3095 47TH ST. SW NAPLES, 34116 6 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION 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: 6, CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2007080081 JILL J. WEAVER & HENRY TESNO INVESTIGATOR JOE MUCHA ORD. 04-41 AS AMENDED SEC. 2.01.00(A) UNLICENSED VEHICLE 52700320009 3140 VAN BUREN AVE, NAPLES 34112 2007080079 JILL J. WEAVER & HENRY TESNO INVESTIGATOR JOE MUCHA ORD, 04-58 SEC. 6 SUBSECS. I2B, 121 & I9B REPEAT MINIMUM HOUSING VIOLATION 53352360005 3205 LUNAR ST. NAPLES 34112 2007090903 ROBIN OKOLSKI INVESTIGATOR AZURE SORRELS ORD. 04-41 AS AMENDED, SEe. 10.02,06(B)(l)(A), FLORIDA BUILDING CODE 2004 EDITION, AS ADOPTED BY COLLIER CO.,SEe. 105.1 CONSTRUCTION OF A SHED ON RESIDENTIALLY ZONED PROPERTY WITHOUT REQUIRED COLLIER CO. PERMITS 52399800008 145 CAPRI BLVD. NAPLES, 34113 2007070244 MARY EDWARDS INVESTIGATOR AZURE SORRELS ORD. 04-41 AS AMENDED, SECS. I 0.02.06(B)( I)(A), I 0.02,06(B)(1 )(E) & I 0,02.06(B)(I )(E)(I) CONSTRUCTION OF SHED-TYPE STRUCTURE ON ESTATE-ZONED PARCEL WITHOUT REQUIRED COLLIER CO. PERMITS 68341680008 47 MOON BAY ST. NAPLES, 34114 2007100819 JILL J. WEAVER INVESTIGATOR THOMAS KEEGAN ORD. 04-41 AS AMENDED, SEC, 2,01.00(A) REPEAT VIOLATION OF INOPERABLE/UNLICENSED VEHICLE 22624160003 4620 ACADIA LANE. NAPLES 34112 7 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: VII. OLD BUSINESS CEV20070000569 ANDREW SA V AGE,JOHN BRUNER & HALLEY E. SAVAGE INVESTIGATOR THOMAS KEEGAN ORD. 04-41 AS AMENDED, SEC. 2.01.00(B) REPEAT VIOLATION OF RECREATIONAL VEHICLE (BOAT) PARKED/STORED ON RESIDENTALLY ZONED PROPERTY 49482000003 4002 CINDY AVE. NAPLES, 34112 VIII. CONSENT AGENDA - Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. IX, REPORTS - Disposition of Motion for Re-hearing - Maribel Palacios-DAS 11034 X. NEXT MEETING DATE: July IS, 200S at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. XI. ADJOURN 8 July I, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:03 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: 9:22 AM RECONVENED: 9:58 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 and/or compliance: · Agenda # 1, Case # SO 159273 - BCC vs. Joseph Cusimano · Agenda # 3, Case # SO 165804 - BCC vs. Peter J. McGrath · Agenda # 5, Case # SO 165819 - BCC vs. Michael Minotti · Agenda #11, Case # PR 002096 - BCC vs. ,James N. Greenblatt · Agenda #12, Case # CEV 20080005910 - BCC vs. Harold E. Gay · Agenda #13, Case # 20080007324 - BCC vs. John C. Emery . Agenda #15, Case # CEV 20080003402 - BCC vs. Cheryl Redmond (b) Under Item V(B), "Hearings": · in Agenda #17 - Case # CESD 20080000979 - BCC vs. Sergio E. & Eva Silva, the following violations were deleted: 10.02.06(B)(I)(E) and 10.02.06(B)(I)(E)(I) · in Agenda #21 - Case #CEV 20080005595 - BCC vs. Fidel & Erica Chavez, the Violation was corrected from 4.05.03(A) to 2.01.00(A) (c) Under Item VI(A), "Imposition of Fines," in Agenda #7 - Case # CEV20070000569 BCC vs. Savage, the name of John Bruner was removed as a Respondent (d) Approval of Minutes of May 16, 2008 Special Magistrate Hearing The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretioll of the Special Magistrate. III. APPROVAL OF MINUTES 2 July I, 2008 (1) The Minutes of the Special Magistrate Hearing held on June 6, 2008 were reviewed by the Special Magistrate and approved as submitted. (2) The Minutes of the Special Magistrate Hearing held on May 16, 2008 were clarified by the addition of the Agenda and Case Numbers on page 14: "The County reiterated its Request for a Continuance gf A1!enda #18 - Case # 2007070649. The Special Magistrate GRANTED the County's Requestfor a Continuance but the Case will not be brought back until after the deadlines for A1!enda #19 - Case # 200707651 and A1!enda #20- Case # 2007070652 have expired. " The Minutes of the Special Magistrate Hearing held on May 16, 2008 were amended alld approved by the Special Magistrate. IV. MOTIONS A. Motion for Continuance: NONE V. PUBLIC HEARINGS A. Stipulations: 4. Case # SO 164748 - BCC vs. Ronald J. Coleman The Hearing was requested by the Respondent who was present. Collier County Sheriff's Office Deputy Lawrence Keller was also present. Violation(s): Ord.Sec.130-67 Blocking access to handicap space Violation address: Bed & Bath/rear of Marine Recruiting Station A Verbal Stipulation was agreed to the Respondent on July 1, 2008. The Special Magistrate ruled that, due to mitigating circumstances, no fine would be assessed and the Operational Costs were waived. 22. Case # CEV20080005602 - BCC vs. Julian & Yolanda Cruz The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents had been present earlier and entered into a Stipulation, but left before the case was heard. 3 July 1, 2008 Violation(s): Collier Co. LDC 04-41, as amended, Sec. 4.05.03(A) Parking in grass area Violation address: 2371 55th St. SW, Naples, FL 34116 A Stipulation was agreed to the Respondents on July 1. 2008. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to remove all vehicles to a stabilized pervious or imperviously-treated surface on or before July 7,2008, 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 $245.96 on or before August 1, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 17. Case # CESD 20080000979 - BCC vs. Serl!io R. & Eva Silva The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent, Eva Silva, had been present earlier and entered into a Stipulation, but left before the case was heard. Violation(s): Collier Co. LDC 04-41, as amended, Sec(s). 1O.02.06(B)(1)(A), (l0.02.06(B)(l)(E) & 1O.02.06(B)(l)(E)(I) - Omitted as Agenda was amended) Concrete addition on side of house built without obtaining proper Collier Co. permits Violation address: 309 6th St., lmmoka1ee, FL 34142 A Stipulation was agreed to by Respondent. Eva Silva, on July I, 2008. The Respondent's spouse. Sergio R. Silva. is deceased. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County Building Permit with all required inspections and a Certificate of Completion, or a Collier County Demolition Permit and all required inspections and a Certificate of Completion on or before August 1, 2008, or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and to assess the costs to the Respondent. 1fnecessary, 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 $248.07 on or 4 July 1, 2008 before August 1, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. B. Hearings: 2. Case # SO 165068 - BCC vs. Leonard Ellis The Hearing was requested by the Respondent who was not present. Collier County Sheriffs Office Deputy Kenneth Robins was present. Violation(s): Ord.Sec.130-67 Parking in handicap space/permit holder not present Violation address: The Strand at McDonald's The Special Magistrate stated the Respondent submitted a letter requesting the Hearing even though he had paid the fine. Since there was compliance, no further action was required and, for future reference, these types of cases need not come before her. 6. Case # FA 15259 - BCC vs. Mathworks The Hearing was requested by the Respondent who was represented by H. Michael Mogil as owner/manager. Collier County Sheriffs Office (Civilian) Deputy Joyce Lowrie and Deputy Mike Jones were also present. Violation(s): Ord. 2001-56 Registration violation Violation address: 7765 Preserve Lane #5 The Respondent stated the correct name of the company is Mathworks Tutoring, LLC. Deputy Jones requested a dismissal of the case. Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Request and the case was DISMISSED. 7. Case # FA 15331- BCC vs. Mathworks The Hearing was requested by the Respondent who was represented by H. Michael Mogil as owner/manager. Collier County Sheriffs Office (Civilian) Deputy Joyce Lowrie and Deputy Mike Jones were also present. 5 July I, 2008 Violation(s): Ord. 2004-48 Excessive false alarms Violation address: 7765 Preserve Lane #5 A Verbal Stipulation had been agreed to by the Respondent. The Sheriffs Office requested a Continuance of the case. The Special Magistrate GRANTED the County's Requestfor a CONTINUANCE. The Respondent stated his home address 1104 Sixth Street S., Naples, FL 34102 and asked for all correspondence to be sent to that address. 9. Case # PR 002976 - BCC vs. Eric Borl!es The Hearing was requested by the Respondent who was represented by his daughter, Brittany Borges. Mrs. Trisha Borges, the Respondent's wife, was present as a witness. Collier County Park Ranger Barry Gorniak was also present. Violation(s): Ord. Sec. 130-66 Blocking wheelchair ramp access Violation address: Vineyards Community Park/schoollot Ms. Borges stated her home address is 2815 Wild Orchid Court, Naples, FL 34119. The Respondent's daughter stated she noticed the Park Ranger was writing tickets in the parking lot. She spoke to him and asked ifher car was legally parked or if she should move it. He told her it was and that she did not need to move it. She stated she asked him the same question twice since she did not want to receive a ticket. The Park Ranger stated he did not recall talking to the Respondent at the soccer game and stated the vehicle did block the ramp. He introduced two photographs which were marked as County's Composite Exhibit "A" and one other photograph which was marked as Exhibit "B" which were admitted into evidence. The Special Magistrate stated there was apparent miscommunication between the Respondent's daughter and the Park Ranger. She also stated it appeared the parking area was not clearly labeled as to where parking was not allowed. Finding the Notice of Hearing was properly served, the Respondent was found NOT GUILTY of the alleged violation(s}. VI. NEW BUSINESS 6 July I, 2008 A. Motion for Imposition of Fines and Liens: 5. Case # 2007070244 - BCC vs. Marv Edwards The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Azure Sorrels. The Respondent was also present. Violation(s): Ord. 04-41, as amended, Secs. 1O.02.06(B)(l)(A), 1O.02.06(B)(l)(E) & I 0.02.06(B)(l )(E)(I) Construction of shed-type structure on estate-zoned parcel without required Collier Co. permits (Corrected/rom "estate-zoned" to "mobile home-zoned" by the Supervisor) Violation address: 47 Moon Bay St., Naples, FL 34114 Supervisor Capasso stated the parcel was mobile home-zoned and not estate-zoned. She also stated the violation had been abated. The County requested imposition of Operational Costs in the amount of $226.13, together with fines in the amount of$4,200.00 for the period from April 8, 2008 through July 1, 2008 (84 days@$50/day), for a total of $4,426. 13. The Respondent, who is wheelchair bound, stated she lives alone and could not afford to hire someone to help her. She also stated she cannot afford to pay the fines. The Investigator stated she had been in frequent contact with the Respondent and also contacted various social service agencies to assist her due to her circumstances. She asked the Special Magistrate for consideration of the Respondent's limited income. The County did not object to the waiving of Operational Costs. The Special Magistrate DENIED the County's Request/or Imposition 0/ Fines and Liens due to mitigating circumstances. Operational Costs were waived. RECESS: 11:05 AM RECONVENED: 11 :22 AM V. PUBLIC HEARINGS B. Hearings: 16. Case # CEPM 20080001537 - BCC vs. Louicesse & Maria Dorsaint 7 July 1, 2008 The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondents were also present. Mr. Dorsaint stated he would interpret for his wife. Violation(s): Code of Laws & Ord., Article VI, Sec.22-231, Subs. 12(N) Fence on residentially-zoned property in disrepair & structurally unsound Violation address: 222 3rd St., Immokalee, FL 34142 The Respondent stated their home address is 306 West Delaware Avenue, Immokalee, FL 34142. The Investigator stated the Notice of Violation was sent to the Respondents via Certified Mail. He introduced a photograph which was marked as County's Exhibit "A" and admitted into evidence. The Notice of Hearing was posted at the property and the Courthouse on June 17, 2008. The Respondent stated the damage was due to "the Hurricane." He further stated he had the materials to repair the fence and had begun the process, but was delayed due to the lightening and rain storms. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violatioll(s) and ordered to either complete the repairs to the fence in compliance with the Ordinallce on or before July 7, 2008, or obtain a Collier County Demolition Permit to remove the fence, obtain all required inspections and a Certificate of Completion on or before August 1,2008, or afine of $50. 00 per day will be imposed (commencing August 2, 2008) 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 $238.94 on or before October 1,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. The Respondent requested all correspondence is to be sent to: Post Office Box 1706, Immokalee, FL 34143. 19. Case # CEV 20080004926 - BCC vs. Georl!e F. Elliott The Hearing was requested by Collier County Code Enforcement Investigator Ron Martindale who was present. The Respondent was not present but was represented by his Agent, Joseph Faccone, Property Manager. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A) 8 July I, 2008 Unlicensed vehicle(s) Violation address: 649 10lst Ave. N., Naples, FL 34108 The Investigator stated Mr. Elliott's address is 5625 215th Street, Oakland Gardens, New York 11364. He also stated Mr. Faccone is on file with Code Enfocement as an agent -caretaker for the property. The Special Magistrate stated she would take Judicial Notice of the confirmation provided by Code Enforcement that Mr. Faccone has the authority to represent the Respondent at the Hearing. Mr. Faccone requested copies of all correspondence to be sent to him at Bishop Realty, 5051 Castello Drive, Suite #30, Naples, FL 34103. The Investigator introduced three photographs which were marked as County Exhibits "A," "B" and "C," and entered into evidence. He stated the violation has been abated. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $150.33 on or before August 1,1008. The Special Magistrate stated a copy of the Order will be sent to the owner. 23. Case # CESD 20080003766 - BCC vs. Rodnv Dareus & Dalmacv Dareus The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent, Rodny Dareus, was present and also represented his wife, Dalmacy Dareus. Allen Prudhomme was present as translator for the Respondent. Violation(s): Collier Co. LDC 04-41, as amended, Sec(s). 1O.02.06(B)(1)(A), 1O.02.06(B)(1)(E) & 1O.02.06(B)(I)(E)(I) Cinderblock shed erected without obtaining proper Collier Co. permits Violation address: 4262 Mohawk Place, Naples, FL 34112 The Investigator stated the Notice of Violation was personally issued and served on the Respondent on March 21 , 2008. The Investigator introduced several photographs which were marked as County's Exhibits and admitted into evidence: Exhibit "A" - photograph dated March 21, 2008 Exhibit "B" - photograph dated March 21, 2008 Exhibit "C" - photograph dated May 7, 2008 (plumbing fixture) 9 July 1, 2008 Exhibit "D" - photograph dated May 7,2008 Exhibit "E" - photograph dated May 7, 2008 Exhibit "F" - photograph dated June 30, 2008 The Investigator stated the violation has been abated. The Respondent stated he objected to Exhibit "C" claiming it was not a photograph of his property. The Special Magistrate ruled the Exhibit would be stricken from the record. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $241.38 on or before September 1, 2008. VI. NEW BUSINESS A. Motion for Imposition of Fines and Liens: 4. Case # 2007090903 - BCC vs. Robin Okolski The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Azure Sorrels. The Respondent was also present. Violation(s): Ord. 04-41, as amended, Sec. 10.02.06(B)(1)(A), Florida Building Code 2004 Edition, as adopted by Collier Co., Sec. 105.1 Construction of a shed on residentially zoned property without required Collier Co. permits Violation address: 145 Capri Blvd., Naples, FL 34113 The County requested imposition of Operational Costs in the amount of$212.44, together with fines in the amount of$13,600.00 for the period from February 16, 2008 through July 1,2008 (136 days @$100/day), for a total of$13,812.44. The Respondent stated her address is 143-145 Capri Blvd., Naples, FL 34113. The Respondent stated the shed had been built in 1979 by the previous owner. She attempted to obtain information concerning whether or not a permit had been issued at that time, but the information contained in the Records Department was not accurate. She also stated in order to apply for a permit, she must first obtain blueprints of the shed which has been difficult to locate due to its age. She had contacted Ted's Sheds for assistance. She has located a contractor who will accept installment payments, but due to financial problems (mortgage and taxes), she cannot start at this time. 10 July 1, 2008 The Investigator stated she also was unable to obtain information regarding a permit. The Special Magistrate GRANTED the County's Request for Imposition of Fines and Liens but ruled the fines will be "Stayed" until August 2, 2008, and the Order will not take effect until August 1, 2008. The Special Magistrate further ruled that if compliance was obtained by August 1, 2008, the fines of $13,600.00 would be waived. If not, the fines would be applied retroactively. The Special Magistrate ordered the Respondent to pay Operational Costs in the amOUllt of$212.44. RECESS: 12:30 PM RECONVENED: 12:53 PM V. PUBLIC HEARINGS B. Hearings: 14. Case # CEPM 20080003791 - BCC vs. Flozell Sledl!e The Hearing was requested by Collier County Code Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Code of Laws & Ord., Article VI, Sec.22-23I , Subs. 1-4,7-11, 12B, 121-12M, 120, 12P, 19A-19D, 20 Rental property with multiple minimum housing violations Violation address: 413 Gaunt St., Immokalee, FL 34142 The Investigator introduced 58 photographs of the numerous housing violations which were marked as County's Composite Exhibit "A" and admitted into evidence. The property owner is deceased and Probate proceedings have not been instituted. The son, Danny Thomas, serves as caretaker of the property. Mr. Thomas stated his sister resides in a nursing home. The Investigator stated he met with Mr. Thomas in March, 2008 and served the Notice of Violation. The Notice of Hearing was posted on June 18,2008. The property is vacant. The Investigator stated Mr. Thomas was aware of the Hearing but could not attend due to health issues. He did not ask for a Continuance. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain a Collier County Boarding Certificate and complete boarding of the property by July 8, 2008 or II July 1, 2008 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and to assess the costs to the Respondent. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office. The Respondent was further ordered to either hire a General Contractor and complete all repairs to the property as cited on the Property Inspection Report on or before September 1, 2008, or to obtain a Collier County Demolition Permit to demolish the structure, obtain all required inspections and a Certificate of Completion on or before September 1,2008, 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. If the Respondent has not complied by the deadline, 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 $312.75 on or before September 1, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s} had been abated. 18. Case # 2007080262 - BCC vs. Jane R. Kellenbenz The Hearing was requested by Collier County Code Enforcement Investigator Ron Martindale who was present. The Respondent was not present. Violation(s): Ord. 04-58, Sec.6, Sub.15 Swimming pool not properly maintained as required Violation address: 627 98th Ave. N., Naples, FL 34108 The Investigator introduced five photographs which were marked as County's Exhibits "A" through "E" and admitted into evidence. The Investigator further stated he was not sure if the property was in Bankruptcy. The Special Magistrate asked the Investigator to contact the County Attorney's office to obtain further information concerning the property and possible pending Bankruptcy. The Special Magistrate ruled the case would be CONTINUED until additional information concerning the property has been obtained. 20. Case # CEV 20080004285 - BCC vs. Roland Williamceau 12 July I, 2008 The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A) Un1icensedlinoperable vehicle(s) Violation address: 2498 55th Terrace SW, Naples, FL 34116 The Investigator introduced thirteen photographs which were marked as County's Exhibits "I" through "13" and admitted into evidence. He stated the Notice of Violation was posted at the property and the Courthouse on March 28, 2008. The Notice of Hearing was posted on June 16, 2008 at the property and the Courthouse. The Investigator stated the violations have not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain valid license plates for all vehicles and to repair all inoperable vehicles, or to store the vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before July 7,2008, or afine of $50. 00 per day per vehicle 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 the deadline, 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 $226.65 on or before August 1, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 21. Case # CEV 20080005595 - BCC vs. Fidel & Erica Chavez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 4.05.03(A) (Corrected by Amendment to the Agenda.) Parking & storage ofvehicle(s) without current license plate(s) Violation address: 2401 55th St. SW, Naples, FL 34116 The Investigator introduced 8 photographs which were marked as County's Exhibits "I" through "8" and were admitted into evidence. 13 July I, 2008 The Investigator stated he posted the Notice of Violation at the property and at the Courthouse on March 25, 2008 and posted the Notice of Hearing in June, 2008. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s} and was ordered to obtain valid license plates for all vehicles, or to store the vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before July 7, 2008, or a fine of $50. 00 per day per vehicle will be imposed for each day the violatio/l remains thereafter, unless altered by a subseque/lt Stipulation or Order of the Special Magistrate. If the Respondents have /lot complied by the deadline, the County is authorized to abate the violation by contractor bid-out and to assess the costs to the Respondent. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office. The Respo/ldents are to notify the Investigator within 24 hours of a workday to concur the violatio/l(s} had bee/l abated. The Investigator stated Respondents have paid the Operational Costs assessed in the amount of$226.56. 24. Case # CEV 20080007422 - Jill J. Weaver-Tesno & Henrv Tesno The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondents were not present. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A) Repeat Violation: Unlicensed/inoperable vehicle(s) Violation address: 3411 Basin St., Naples, FL 34112 The Investigator stated he tried to contact the property owners but the property is currently vacant and listed as their primary residence. He called their attorney, David Shenkman, on May 16, 2008, but has not been contacted by either the Respondents or their attorney, and the violation has not been abated. The Investigator requested the Special Magistrate assess a civil penalty of$500.00 because this is a repeat violation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s} and were ordered to pay a civil penalty in the amount of $500. 00 on or before August 1, 2008. The Respondents were also ordered to obtain valid license plates for all vehicles a/ld to repair all inoperable vehicles, or to store the vehicles in a completely enclosed structure, or to remove the vehicles from the premises on or before July 7, 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 Responde/lts have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and to assess the costs to the Respondent. ]4 July I, 2008 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 $247.77 on or before August 1, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 25. Case # CENA 20080007439 - BCC vs. Jill J. Weaver-Tesno & Henrv Tesno The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondents were not present. Violation(s): Code of Laws & Ord., Chapter 54, Article VI, Sec(S).179-181 Repeat Violation: Litter Violation address: 3411 Basin St., Naples, FL 34112 The Investigator stated he contacted the Respondents' attorney, David Shenkman, on May 18, 2008 to advise him of the violations. He has not been contacted by either the Respondents or their attorney, and the violation has not been abated. The Notice of Hearing was posted on June 19,2008 and faxed to David Shenkman, Esq. The Investigator introduced seven photographs which were marked as County's Exhibits "1" through "7" and admitted into evidence. The Investigator requested the Special Magistrate assess a civil penalty of$500.00 because this is a repeat violation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil penalty in the amount of $500. 00 on or before August 1, 2008. The Respondents were also ordered to remove all litter and debris to an appropriate waste disposal facility on or before July 7, 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 Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and to assess the costs to the Respondent. Ifnecessary, assistance may be requested from the Collier County SherifFs Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $241.46 on or before August 1,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 26. Case # CEV 20080007718 - BCC vs. Jill J. Weaver- Tesno & Henrv Tesno IS July 1, 2008 The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondents were not present. Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A) Repeat Violation: Unlicensed/inoperable vehicle(s) Violation address: 3117 Areca Ave., Naples, FL 34112 The Investigator stated the violation has been abated. He requested the Special Magistrate assess a civil penalty of$500.00 because this is a repeat violation. The Investigator introduced two photographs which were marked as County's Exhibits "A" and "B" and were admitted into evidence. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violations and were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$241.29 on or before August 1,2008. The Special Magistrate declined to impose a civil penalty due to the abatement. The Special Magistrate stated copies of her Orders in each of the previous three cases will be sent to Attorney Shenkman as a courtesy. VI. NEW BUSINESS A. Motion for Imposition of Fines and Liens: 1. Case # 2007090050 - BCC vs. Bernard & Patricia Havwood The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Carmelo Gomez. The Respondents were not present. Violation(s): Ord. 04-41, as amended, Sec. 1O.02.06(B)(l)(A) Carport erected without required Collier Co. permits Violation address: 3095 47th St. SW, Naples, FL 34116 Supervisor Capasso stated the violation had not been abated and fines continue to accrue. The County requested imposition of Operational Costs in the amount of$241.33, together with fines in the amount of $4,300.00 for the period from May 19,2008 through July 1, 2008 (43 days @ $1 OO/day), for a total of $4,541.33. 16 July 1, 2008 The Special Magistrate GRANTED the County's Requestfor Imposition of Fines and Liens. 2. Case # 2007080081 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Joe Mucha. The Respondents were not present. Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A) Unlicensed vehicle Violation address: 3140 Van Buren Ave., Naples, FL 34112 Supervisor Capasso stated the violation had been abated by the Respondent. The County requested imposition of Operational Costs in the amount of$241.79, together with a civil penalty of$250.00, for a total of$491.79. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines and Liens. 3. Case # 2007080079 - BCC vs. Jill J. Weaver & Henry Tesno The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Joe Mucha. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 12B, 121 & 19B Repeat Violation: Minimum housing violation Violation address: 3205 Lunar St., Naples, FL 34112 Supervisor Capasso stated the violation had been abated by the County. The County requested imposition of Operational Costs in the amount of$241.79, together with fines in the amount of $48,300.00 for the period from November 10,2007 through March 27, 2008 (138 days @ $350/day), a civil penalty of$l,OOO.OO, and abatements costs incurred by the County in the amount of$800.00, for a total of $50,341.79. The Special Magistrate GRANTED the County's Request for Imposition of Fines and Liens. 6. Case # 2007100819 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Thomas Keegan. The Respondent was not present. 17 July 1, 2008 Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(A) Repeat Violation: Inoperable/unlicensed vehicle Violation address: 4620 Acadia Lane, Naples, FL 34112 Supervisor Capasso stated the violation had been abated by the County. The County requested imposition of Operational Costs in the amount of$206.99, together with fines in the amount of$2,500.00 for the period from January 10, 2008 through February 4, 2008 (25 days @ $1 OO/day), a civil penalty of $500.00, and abatements costs incurred by the County in the amount of $200.00, plus an administrative fee of $1 00.00, for a total of $3,506.99. The Special Magistrate questioned the inclusion of an administrative fee in this case and ruled the case would be Continued until the County could verify whether or not a similar administrative fee was assessed in other cases. The Special Magistrate CONTINUED the County's Requestfor Imposition of Fines and Liens. 7. Case # CEV 20070000569 - BCC vs. Andrew Saval!e, John Brunner & Hallev E. Saval!e The County was represented by Collier County Code Enforcement Investigative Supervisor Susana Capasso and Investigator Thomas Keegan. The Respondents were not present. Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(B) Repeat Violation: Recreational vehicle (boat) parked/stored on residentally zoned property Violation address: 4002 Cindy Ave., Naples 34112 Supervisor Capasso stated the violation had been abated by the Respondent. The County requested imposition of Operational Costs in the amount of$232.53, together with a civil penalty of $1 00.00, for a total of$332.53. The Special Magistrate GRANTED the County's Requestfor Imposition of Fines and Liens. V. PUBLIC HEARINGS 8. Hearings: 8. Case # PR 002974 - BCC vs. Sandra Wardenskv The Hearing was requested by the Respondent who was not present. ] 8 July 1, 2008 Collier County Park Ranger Barry Gorniak was present earlier but left before the case was heard. Violation(s): Ord. Sec. 130-67 Parking in a handcap space Violation address: Vineyards Community Park Marlene Stewart stated the County requested a Continuance in this case. The Special Magistrate GRANTED the County's Requestfor a CONTINUANCE. 10. Case # PR 002967 - BCC vs. Samuel Caruthers The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Barry Gorniak was present earlier but left before the case was heard. Violation(s): Ord. Sec. 130-66 Failure to properly display a current launch fee receipt Violation address: Bayview Park Marlene Stewart stated the County requested a Continuance in this case. The Special Magistrate GRANTED the County's Requestfor a CONTINUANCE. VII. OLD BUSINESS - None VIII. CONSENT AGENDA Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. The Special Magistrate approved the requests as submitted. IX. REPORTS Disposition of Motion for Re-Hearing - Maribel Palacios-DAS 11034 The Special Magistrate DENIED the Respondent's Motion for aRe-Hearing. The Special Magistrate recognized the Respondent in Agenda #20, Case # CEV 20080004285 - BCC vs. Roland WilIiamceau, had entered the Hearing room. When the Special Magistrate asked the Respondent why he was so late, he stated he was confused about the date. The Special Magistrate stated the Investigator was no longer present and the case 19 July 1, 2008 had been heard earlier. She suggested the Respondent contact the Investigator to discuss options regarding compliance and explained if an agreement could not be reached, the Respondent could submit a written request for a Re-Hearing to Code Enforcement. X. NEXT MEETING DATE - July 18, 2008 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:20 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 20 .. .~.,,_.~~.,~,--q~--~--~-----'~---"~-_..<