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CESM Minutes 09/19/2008 September 19,2008 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 19,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Susana Capasso, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: September 19,2008 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGlSTRA TE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - September 5, 2008 IV. MOTIONS 1. A. Motion for Extension of Time to Comply CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: B. Motion to Vacate Order 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: C. Motion for Continuance V. PUBLIC HEARINGS A. Stipulations 2007080938 LINDA & WILLIAM HAINES INVESTIGA TOR JOE MUCHA ORD. 04-58, SEC. 6, SUB(S). 12B, 12C & 121 PROPERTY MAINTENANCE ISSUES 53352680002 3087 LUNAR ST. NAPLES, 34112 2007080213 GILDA NAVARRO / COUNTRYWIDE BANK INVESTIGATOR MARIO BONO FLORIDA BUILDING CODE, 2004 EDITION, AS ADOPTED BY COLLIER CO., SECS. 424.2.17.1 & 424.2.17.1.8 SWIMMING POOL WITHOUT FENCING OR ENCLOSURE 29381160006 9741 CAMPBELL CIRCLE, NAPLES 34109 B. Hearings 1. 2. 3. 4. 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: CASE NO: OWNER: OFFICER: VIOLA TIONS: PU4399 SHEILA A. SHERIDAN INVESTIGA TOR GEORGE CASCIO ORD. 2007-17, SEC. 5(5.4) PHASE II WATER RESTRICTION 38283640000 5210 MAHOGANY RIDGE DR.NAPLES, 34119 S0163953 PATRICK KERN DEPUTY JASON OSBORN ORD. SEe. 130-66 PARKING ON COUNTY RIGHT OF WAY VIOLATION ADDRESS: VERDE DR. AT #1304 CASE NO: OWNER: OFFICER: VIOLATIONS: SO 166488 ORIT BAKLASKO DEPUTY FRED KLINKMANN ORD. SEe. 130-67 ILLEGAL USE OF HANDICAPPED PLATE-OWNER NOT PRESENT VIOLATION ADDRESS: 6650 COLLIER BLVD. WALMART CASE NO: OWNER: OFFICER: VIOLATIONS: DAS1l651 JOE POPPACENO OFFICER ANITA MARTINDALE ORD. 14-36, SEe. A5 TO CREATE A SANITARY NUISANCE VIOLA TION ADDRESS: 3066 W. CROWN POINT BLVD. NAPLES, 34112 CASE NO: OWNER: OFFICER: VIOLA TIONS: DAS11652 TYRONE MORGAN OFFICER ANITA MARTINDALE ORD. 14-36, SEe. A2 TO ALLOW A DOG OR CA T TO RUN AT LARGE VIOLATION ADDRESS: IN FRONT OF 386 LEA WOOD CIRCLE, NAPLES 34104 2 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: PR003530 WILFREDO NIETO PARK RANGER SHERMAN BURR ORD. SEe. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CLAM PASS PARK 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: PR003321 STACY MANHARDT PARK RANGER CYNTHIA GAYNOR ORD. SEe. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CLAM PASS 8. CASE NO: OWNER: OFFICER: VIOLA TIONS: PR003475 KENT HEDRICK PARK RANGER KURT ARAQUISTAIN ORD. SEC. 130-66 PARKING METER EXPIRED VIOLA TION ADDRESS: VANDERBILT BEACH 9. CASE NO: OWNER: OFFICER: VIOLATIONS: CO-00197 CEVFH20080008631 CLEAN RIDE LIMO, INC. INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEC.(S) 142-33 (1), 142-34, 142-37(B) ALLOWED/EMPLOYED NEIL WALMSLEY TO OPERATE A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY CODE ENFORCEMENT VIOLATION ADDRESS: 851 GULFSHORE BLVD. 10. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-00194 CEVFH20080007574 CLEAN RIDE LIMO, INC. INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER CO. WITHOUT A V AUD PV AC ISSUED CERTIFICATE TO OPERATE A PASSENGER TRANSPORT BUSINESS VIOLATION ADDRESS: 3950 RADIO RD. AS DESTINANTION 3 11. CASE NO: OWNER: OFFICER: VIOLA TIONS: CO-00192 CEVFH20080007320 CLEAN RIDE LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICKUP IN COLLIER CO. WITHOUT HAVING A VALID PV AC ISSUED CERTIFICATE TO OPERATE A PASSENGER TRANSPORT SERVICE VIOLATION ADDRESS: 851 GULFSHORE BLVD. N. AS DESTINATION 12. CASE NO: OWNER: OFFICER: VIOLATIONS: CO-00193 CEVFH20080007285 CLEAN RIDE LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-51 (A), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT HAVING A VALID PV AC ISSUED CERTIFICATE TO OPERATE A PASSENGER TRANSPORT SERVICE VIOLATION ADDRESS: 851 GULFSHORE BLVD. N. AS DESTINATION 13. CASE NO: OWNER: OFFICER: VIOLA TIONS: COOO 195 CE VFH20080007 6922 BOBBY D. CALVERT INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEe.(S) 142-33 (1), 142-37(B), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING A PASSENGER PICKUP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY CODE ENFORCEMENT VIOLATION ADDRESS: 851 GULFSHORE BLVD. N. 14. CASE NO: OWNER: OFFICER: VIOLA TIONS: C000196 CEVFH20080007684 NEIL WALMSLEY INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEC.(S) 142-33 (1), 142-37(B), 142-58(F)(4) OPERATED A VEHICLE FOR HIRE MAKING PASSENGER PICK UP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID ISSUED BY CODE ENFORCEMENT VIOLA TION ADDRESS: 851 GULFSHORE BLVD., AS DESTINATION 4 15. CASE NO: OWNER: OFFICER: VIOLA TIONS: C000182 CEVFH20080004121 TOP SHELF TRANSPORT AND LIMO, INC. INVESTIGATOR MICHAELLE CROWLEY CODE OF LAWS & ORD. CHAP. 142, SEe. 142-51(A) OPERA TED OR PERMITTED THE OPERATION OF A MOTOR VEHICLE OWNED BY TOP SHELF TRANSPORT & LIMO, INC. AS A VEHICLE FOR HIRE MAKING A PASSENGER PICKUP IN COLLIER CO. WITHOUT A CERTIFICATE TO OPERATE SAME VIOLA TION ADDRESS: 756 GRAND RAPIDS BLVD. 16. CASE NO: OWNER: OFFICER: VIOLA TIONS: C000191 CEVFH20080007386 ST ANISLA V GARAJ INVESTIGA TOR MICHAELLE CROWLEY CODE OF LAWS & ORD., CHAP. 142, SEC.(S) 142-33 (1), 142-37(B) OPERATED A VEHICLE FOR HIRE MAKING A PASSENGER PICKUP IN COLLIER CO. WITHOUT FIRST OBTAINING A DRIVER ID AS ISSUED BY CODE ENFORCEMENT VIOLA TION ADDRESS: 2231 KING'S LAKE BLVD. 17. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: CEPM20080011071 JILL WEAVER & HENRY TESNO INVESTIGA TOR JOE MUCHA COLLIER CO. CODE OF LAWS & ORD., CHAPTER 22, ARTICLE VI, SEe. 22- 231, SUB(S). 12B, 19 & SEC. 22-243 REPEA T VIOLATION-ABANDONED MOBILE HOME WITH GRAFFITI AND EXTERIOR DAMAGE WITH OPENING THAT ALLOWS ACCESS INTO THE MOBILE HOME. 53352360005 3205 LUNAR ST. NAPLES, 34112 CENA20080001934 RY AN M. HOOVER INVESTIGA TOR JOHN CONNETT A ORD. 2005-44 ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" VIOLA TION ADDRESS: 18546 ROYAL HAMMOCK BLVD. NAPLES, 34114 C. Emergency Cases: 5 VI. NEW BUSINESS A. Motion for Imposition of Fines: VII. OLD BUSINESS A. Request to forward cases for Foreclosure / Collections VIII. CONSENT AGENDA IX. REPORTS X. NEXT MEETING DATE: October 3, 2008 at 9:00 A.M. located at the BCC Chambers, 3301 E. Tamiami Trail. XI. ADJOURN 6 September 19, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:13 AM RECONVENED: 9:31 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 compliance and/or payment: . Agenda # 1, Case # PU 4399 - BCC vs. Sheila A. Sheridan . Agenda # 2, Case # SO 163953 - BCC vs. Patrick Kern . Agenda # 5, Case # DAS 11652 - BCC vs. Tyrone Morgan . Agenda # 7, Case # PR 003321 - BCC vs. Stacy Manhardt (b) Under Item V(B), "Hearings," the following case was DISMISSED by the County at the request of Parks and Recreation: . Agenda # 6, Case # PR 003530 - BCC vs. Wilfredo Nieto (c) Under Item IV, "Motions," the County requested removal ofthe following case due to an issue with notice: . Case # 2007080213 - BCC vs. Gilda Navarro / Countrywide Bank The case will be continued for another Hearing date. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Special Magistrate Hearing held on September 5,2008 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS 2 September 19, 2008 A. Motion for Extension of Time to Comply: 6. Case # 2007080938 - BCC vs. Linda & William Haines The Hearing was requested by the Respondent who was not present. Collier County Property Maintenance Specialist Joe Mucha was present. Violation(s): Ord. 04-58, Sec. 6, Sub(s). 12B, 12C & 121 Property maintenance issues Violation address: 3087 Lunar St., Naples, 34112 The Special Magistrate stated the Respondents had submitted a letter requesting an Extension of Time. The Order was entered on January 18,2008. Respondents were given until May 18, 2008 to make corrections and pay Operational Costs. The Investigator stated the County was opposed to granting a further Extension of Time and produced two photographs which were marked as County's Exhibits "A" and "B" and entered into evidence. He further stated the Respondents have not corrected the problems but made the situation worse by removing the mobile home's siding. The Special Magistrate DENIED the Respondent's Request for an Extension of Time to Comply. The Special Magistrate noted the Order has already authorized the County to abate the violation by contractor bid-out and assess the costs to the Respondents as well as request assistance from the Collier County Sheriffs Office, if necessary. C. Motion for Continuance - NONE V. PUBLIC HEARINGS A. Stipulations - NONE B. Hearings: The Special Magistrate noted the Respondent in the following six cases was the same entity and that each case would be heard individually. 9. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33 (J), 142-34, 142-37(B) Allowed/employed Neil Walmsley to operate a vehicle for hire making passenger pick up in Collier Co. without first obtaining a Driver ID 3 September 19,2008 issued by Code Enforcement Violation address: 851 Gulfshore Blvd. The Investigator stated the owner failed to either contest the Citation or request a Hearing before the deadline expired. Since 30 days had elapsed since June 5, 2008 which was the date of the Citation, the County requested a judgment in the amount of $500 together with an administrative fee of$5.00 for a total amount of$505.00. The Respondent stated he did respond. He stated he faxed the information to the Investigator's office on the evening of the incident; however he was not able to produce a copy of his correspondence. He informed the Investigator that DOT- approved vehicles were required only to display the numbers on the outside of the vehicle. Certification was not required to be carried in each vehicle. The Special Magistrate stated she was not hearing the merits of the case, but only the due process issues. The Investigator acknowledged receiving a copy of the DOT registration form. She stated she contacted both the County Attorney's office and the Motor Carrier Compliance Office of the Department of Transportation inquiring if an individual possessing a DOT registration was exempted from local Vehicle-for-Hire Ordinances. The answer was, "no." She stated she issued the Citation on June 5, 2008 and had not heard from the Respondent after that date. The Special Magistrate verified the incident occurred in May 9,2008, but the Citation was not issued by Investigator Crowley until after she investigated the representations made by the Respondent. The Investigator introduced two emails which were marked as County's Exhibits "A" and "B" and entered into evidence. The Respondent introduced a document (copy of Ordinance) which was marked as Respondent's Exhibit "I" and entered into evidence. The Respondent claimed Section 142-28(B) of the County's Ordinance did exempt his vehicles since they were already registered with the Department of State which has higher standards in order to qualify. He stated he has a license from the DOT allowing him to operate a vehicle-for-hire service within the State of Florida. The Special Magistrate asked the Respondent ifhe was attempting to qualify under the provision which referenced "other activities authorized by the respective license" in the Ordinance. The Investigator stated the document produced was not the license but only a registration report. 4 September 19, 2008 The Special Magistrate ruled the Case would be CONTINUED. The Respondent was ordered to produce documentation from the State of Florida identifying the activities authorized under the license by September 24, 2008, and provide it to Code Enforcement. Code Enforcement was required to provide its documentation to the Respondent by September 29, 2008. The Special Magistrate ruled the Case will be added to the Agenda for the October 3, 2008 Hearing along with Agenda Numbers 10 through 14. 10. Case # CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 3950 Radio Rd. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 11. Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3,2008. 12. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. 5 September 19, 2008 without a vakud PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 13. Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B) 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Code Enforcement Violation address: 851 Gulfshore Blvd. N. The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 14. Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was not present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B) 142-58(F)( 4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Code Enforcement Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 3. Case # SO 166488 - BCC vs. Orit Baklasko The Hearing was requested by the Respondent who was present earlier but left before the case was heard. Collier County Deputy Sheriff Fred Klinkmann was present. Violation(s): Ord. Sec. 130-67 Illegal use of handicapped plate-owner not present Violation address: 6650 Collier Blvd.,Walmart The Investigator stated the Respondent received a Citation for parking in a handicapped space using a handicapped plate which was registered to her husband. 6 September 19, 2008 He explained the exemption is granted to the person and not the vehicle. He stated she was going to pay the $250.00 fine at Horseshoe Drive. Marlene Stewart received an email message from the Citation office verifying payment and confirming same. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and paid a fine of $250. 00. 16. Case # CO-00191 CEVFH20080007386 - BCC vs. Stanislav Garai The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec(s). 142-33 (1), 142-37(B) Operated a vehicle for hire making a passenger pickup in Collier Co. without first obtaining a Driver ID as issued by Code Enforcement Violation address: 2231 King's Lake Blvd. The Respondent stated his current address is 4370 Lazio Way, Unit # 802, Fort Myers, Florida 33901. Sue Chapin, Secretary to the Special Magistrate, stated the address given by the respondent was not the Black Hawk Drive address on the Citation. The Respondent stated he had never resided on Black Hawk Drive The Investigator stated the incident occurred on May 9,2008, when she observed the Respondent operating a vehicle for hire for his employer, Maximum Limousine, without the required Driver ID issued by Code Enforcement. A Citation was issued to him and also to his employer. Maximum Limousine obtained the required certifications and paid the citation. She further stated on the night of the incident, she wrote down the correct spelling of the Respondent's name but not his home address. She obtained his address from an online search engine and sent the citation to an address on Black Hawk Drive. The Respondent confirmed he applied for and obtained the Driver's ID on May 28, 2008. The Special Magistrate ruled the Respondent wasfoUlld NOT GUILTY due to issues with proper service. 15. Case # CO-00182 CEVFH 20080004121 - BCC vs. Top Shelf Transport and Limo. Inc. 7 September 19,2008 The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was not present. Violation(s): Code of Laws & Ord., Chap. 142-51(A) Operated or permitted the operation of a motor vehicle owned by Top Shelf Transport & Limo, Inc. as a vehicle for hire making a passenger pickup in Collier Co. without a Certificate to Operate same Violation address: 756 Grand Rapids Blvd. The Investigator stated the Citation had been sent via Certified Mail on March 26, 2008 to the Registered Agent and proof of service was confirmed by the U.S. Postal Service. She stated the Respondent did not renew the "Certificate to Operate." The Investigator requested imposition of a civil fine in the amount of $1 ,000.00, together with an administrative fee of$5.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of$1,000.00, together with administrativefee of $5. 00, on or before October 19,2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 8. Case # PR 003475 - BCC vs. Kent Hedrick The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Kurt Araquistain was present. Violation(s): Ord. Sec. 130-66 Parking meter expired Violation address: Vanderbilt Beach The Investigator stated he observed the Respondent's vehicle parked at Vanderbilt Beach and that the parking meter had expired. He further stated the vehicle did not have a beach parking permit. The Notice of Hearing was sent via Certified Mail on September 5,2008 and delivery was verified on September 9,2008. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $3 O. 00, together with administrativefee of $5. 00, on or before October 19,2008, 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 October 19,2008. 8 September 19,2008 17. Case # CEPM 20080011071 - BCC vs. Jill Weaver & Henrv Tesno The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Collier Co. Code Of Laws & Ord., Chapter 22, Article VI, Sec. 22-231, Sub(s). 12B, 19 & Sec. 22-243 Repeat Violation - Abandoned mobile home with graffiti and exterior damage with opening that allows access into the mobile home Violation address: 3205 Lunar St., Naples, 34112 The Investigator stated the Notice of Hearing was posted at the property and the Courthouse on September 5,2008. He introduced five photographs which were marked as County's Exhibits "A" through "E" and entered into evidence. He also produced copies of two previous Orders issued on November 2,2007 and May 4,2007. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to hire an appropriately licensed Contractor to obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion, on or before September 26, 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 have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requested from the Collier County Sheriffs Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement durillg the prosecution of this case in the amount of $118.04 on or before October 19,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 18. Case # CENA 20080001934 - BCC vs. Rvan M. Hoover The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator John Connetta was present. Violation(s): Ord. 2005-44 Accumulation of weeds, grass, or other non-protected overgrowth in excess of 18" Violation address: 18546 Royal Hammock Blvd. Naples, 34114 9 September 19, 2008 The Investigator stated the property owner had requested the Hearing. The Notice of Hearing was sent via Certified Mail and regular mail on September 5,2008. He stated the violation had been abated by the County. The Special Magistrate verified the amount of the "Nuisance Abatement" incurred by the County was $155.00. The Special Magistrate stated the amount assessed is $150.00. 4. Case # DAS 11651 - BCC vs. Joe Poppaceno The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Anita Martindale was not present. Violation(s): Ord. 14-36, Sec. A5 To create a sanitary nuisance Violation address: 3066 W. Crown Point Blvd., Naples, 34112 The Special Magistrate ruled the case would be CONTINUED since neither party was present. C. Emergency Cases - NONE VI. NEW BUSINESS A. Motion for Imposition of Fines: NONE VII. OLD BUSINESS A. Request to forward cases for Foreclosure / Collections: NONE VIII. CONSENT AGENDA - NONE IX. REPORTS - NONE X. NEXT MEETING DATE - October 3,2008 at 9:00 AM at the BCC Chambers located at 3301 East Tamiami Trail. The October 17, 2008 Hearing will be located at 2800 N. Horseshoe Drive in the Community Development and Environmental Services Building. 10 September 19,2008 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11 :05 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented _, or as amended _' 11