CESM Minutes 03/06/2009
March 6, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, March 6, 2009
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
ALSO PRESENT:
Jennifer Waldron, Code Enforcement Investigative Supervisor
March 6, 2009
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: 9:01 AM
RECONVENED: 9:38 AM
11. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Investigative Supervisor, noted the following
changes:
(a) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County as requested by the Deputy/Investigator/Park Ranger:
. Agenda # 2, Case # SO 165268 - BCC Vs. Irene M. McCarter
(b) Under Item V (B), "Hearings," the following cases were DISMISSED by the
County as requested by the Supervisor of Parks and Recreation:
. Agenda # 4, Case # PR 041170 - BCC vs. Timothy Taylor
(c) Under Item V (B), "Hearings," the following cases were DISMISSED by
the County due to payment and/or compliance:
. Agenda # 7, Case # PR 041628 - BCC vs. Marco Salomon
. Agenda #19, Case # CEV 20080015570 - BCC vs. Timothy & Tiffaney
Smith
(d) Under Item V (C), "Emergency Cases," the following case was added:
. "Motion for Reduction/Abatement of Fines"
Agenda #1, Case # 2007110261- BCC vs. Douglas Carter
Sue Chapin, Secretary to the Special Magistrate, noted Stipulations were reached in
the following cases under Item V (A):
. Agenda # 22, Case # CEPM 20080014195 - BCC vs. Ester M. & Jorge
L. Torres
. Agenda #18, Case # CEPM 20080002176 - BCC vs, John Bigica &
Donald Warren
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.
2
March 6, 2009
III. APPROVAL OF MINUTES
Sue Chapin, Secretary to the Special Magistrate, proposed the following corrections:
. Under Item IV(A), "Motion for Reduction/Abatement of Fines:"
o The Case Number for Agenda # 1, Bee vs. Flozell Sledge & Danny
Thomas, was changed to CEPM 20080003791.
The Minutes of the Special Magistrate Hearing held on February 20,2009 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Request for Reduction/ Ahatement of Fines - NONE
B. Request for Continuance - NONE
C. Request for Extension of Time - NONE
The Special Magistrate noted the term "Request" will be changed to "Motions" which
is the correct reference.
V. PUBLIC HEARINGS
A. Stipulations:
22, Case # CEPM 20080014195 - BCC vs. Ester M, & Jore:e L. Torres
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
Respondent, Jorge L. Torres, was present and also represented his wife, Ester M.
Torres.
Violations: Collier County Code of Laws and Ord" Chapter 22 Building
and Building Regulations, Article II Florida Building Code,
Seclion 22-26(103,11.2)
Pool without a permitted pool enclosure or barrier
Violation address: 1340 Center Lane, 34110
A Stipulation was entered into by Respondent, Jorge L. Torres, on behalf of his wife,
Ester Torres, and himself on March 6. 2009.
The Investigator slaled Ihe Respondents have agreed to the terms of Ihe SJipulations.
Finding the Notice of Hearing was properly served, the Respondents were found
GUlL TY of the alleged violations and ordered to construct a temporary barrier on
3
March 6, 2009
or before March 23, 2009, or afine of$100.00 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 further ordered to obtain a Collier County Building Permit,
all required inspections, and a Certificate of Completion, on or before April 20,
2009, or afine of $100. 00 will be imposedfor 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
lfnecessary, 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 $117,61 on
or before April 6, 2009.
The Respondents are to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.61
18, Case # CEPM 20080002176 - BCC vs. John Bil!ica & Donald Warren
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondents were also present
Violations: Code of Laws & Ord.,Chap. 22, Article VI, Sec. 22-231, 12B, 12C,
121, and 12H; and Section 22-243
Abandoned single family home with property maintenance violations
Violation address: 20 Singletary Slreel, Copeland, FL 34137
A Stipulation was signed by the Respondents on March 6, 2007.
Mr. Bigica resides at 2170 Kearney Avenue, Naples, FL 34117
Mr. Warren's mailing address is P.O, Box 123, Copeland, FL 34137
The Investigator stated the Respondents agreed to the terms of the Stipulation.
The Respondents stated the structure will be burned by the Ochopee Fire Department.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violations and ordered to either allow the structure to be
burned down by the Ochopee Fire Department (for training purposes) or hire
a General Contractor to obtain a Collier County Building Permit, all required
inspections, and a Certificate of Completion, on or before April 6, 2009, or a
fine of $250. 00 will be imposedfor each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
4
March 6, 2009
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 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 $1 17.78 on
or before April 6, 2009.
The Respondents are to notifY Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.78
B. Hearings:
1. Case # SO 165303 (CEEX 20090001351) - BCC vs. Panl E. Kellv
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Department Deputy Stephan Leoni was also present.
Violations: Code of Law & Ord" Sec, 130-66 (I )(H)
Parking in fire lane
Violalion address: Green Tree Plaza
The Respondent stated his last name is Kelley and his residence is 166 Vintage
Circle, Unit #101, Naples, FL 34119.
The Respondent is employed by Merrill Gardens, an assisted living facility. His
duties include Iransporting residents to their medical appointments and shopping.
Most are physically infirm, requiring assistance to and from the automobile.
The Respondent admitted parking in a fire lane close to a dentist's office, He left the
vehicle in park, with Ihe flashers on, to retrieve the client. Upon his return, he saw
the Deputy writing a ticket. He stated the Deputy was rude when he spoke to him.
He further stated he has seen delivery trucks (i,e" FedEx) regularly parking in Ihe fire
lane while making deliveries. He stated he was away from his car for only two to
three minules.
It was noted the fire lane sign says "No Parking," and did not include stopping and/or
standing. Additionally, the ticket staled he was "parked near a fire hydrant" and he
produced photographs to prove no fire hydranl was in Ihe vicinity, The photographs
were marked as Respondent's Exhibits "I" and "2" and entered into evidence.
The Deputy stated the Respondent approached him and was verbally abusive. He
noticed the client was assisted from the dentist's office by a member of the staff.
The Deputy pointed out the warning signs to Ihe Respondent who admitted he had
no idea he was in violation of an Ordinance. The vehicle was "parked." He further
staled ifhe had observed a FedEx truck parked in the same location, a ticket would be
5
March 6, 2009
issued. The violation is the same for everyone.
The Respondent asked the Special Magistrate for a ruling to guide him in the future.
The Special Magistrate noted Ihe sign specifically warned againsl "No Parking" only.
Ifhe had not left the car, he would not be in violation. She advised the Respondent to
look for handicapped access areas for ingress/egress located at the Green Tree Plaza.
She suggested he contact the medical office to alert the staff when he was driving a
resident to an appointment to ask for assistance.
In view of the specific situation, the Special Magistrate stated she would reduce the
fine and waive payment ofOpcrational Costs. The Deputy stated he did not object.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation and ordered to pay a civil fine in the amount of
$15.00 and an administrative fee of $5,00 on or before April 6, 2009.
Total Amount Due: $20.00
3, Case # SO 165604 (CEEX 20090001797) - BCC vs. Alfred M, Onorati
The Hearing was requested by the Respondent who was present.
Collier County Sheriffs Office Deputy Keller was not present.
Violations: Code of Law & Ord" Ord. Sec, 130-67
Parking in a handicapped spacelblocking access
Violation address: Hollywood Theaters
The Respondent resides at 8841 Muirfield Drive, Naples, FL 34109
Code Enforcement Supervisor Jennifer Waldron stated Deputy Keller was off-duty
and could not be reached by telephone.
The Special Magislrate noted Code Enforcement's customary methods of notification
had been followed and Ihe Sheriffs Office received an advance copy of the Agenda
and the Hearing date,
The Respondent stated he was conlesting the Citation.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY.
The Special Magistrate advised the Respondenl the Deputy could object to her Ruling
and request a Re-Hearing within 10 days of issuance of the Order She stated the
Deputy could submit his objections in writing. She will consider any information
presented by the Deputy and rule without scheduling a Re-Hearing, The Respondenl
would be notified of any change to her Decision.
6
March 6, 2009
Cases PR 041620 (Agenda #5) and PR 041621 (Agenda #6) were heard together.
5. Case # PR 041620 - BCC vs. Joseph O'Connell
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violations: Code of Law & Ord., Ord, Sec. 130-66
Failure to display paid parking receipt
Violation address: Barefoot Beach access
The Respondent's addresses: 1670 Manchester Court, Naples, FL 34109
and 3198 Shoreline Drive, Oakland, Onlario, Canada L6L-5X3
The Respondent stated he attempted to pay the parking meter but found it would not
take credit cards - only exact change (a $5.00 bill and three single dollars). He left
the area to obtain change at a restaurant across the road, and when he returned, he
found Ihe Park Ranger was issuing two tickets, one for his car and one for his wife's
vehicle. He had no problem paying the parking fee, but the County made it difficult
to comply due to its old equipment. He stated use of the antiquated, non-user friendly
meter bordered on "entrapment."
He introduced photographs of the equipment which were marked as Respondent's
Composite Exhibit "A" and introduced into evidence,
Park Ranger Araquistain stated he explained options to the Respondent:
. He could leave a note on his car eXplaining the meter was not accepting
money and he had left to obtain change but would return;
. He could purchase a beach parking slicker from Ihe County.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civil penalty of $30. 00,
together with an administrative fee of$5.00, on or before April 6, 2009.
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 April 6, 2009.
Total Amount Due - $85.00
6. Case # PR 041621 - BCC vs. Joseph O'Connell
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violations: Code of Law & Ord" Ord. Sec, ] 30-66
Failure 10 display paid parking receipt
Violalion address: Barefoot Beach access
7
March 6, 2009
The Respondenl's addresses: 1670 Manchester Court, Naples, FL 34109
and 3198 Shoreline Drive, Oakland, Ontario, Canada L6L 5X3
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s} and ordered to pay a civil penalty of $30. 00,
and an administrative fee of $5,00, on or before April 6, 2009.
Operational Costs were not assessed.
Total Amount Due - $35.00
RECESS: 10:55 AM
RECOVENED: 11 :06 AM
The following Cases were heard together:
. Agenda #8, DAS 11929 - BCC vs. Danielle Smith
. Agenda #9, DAS 11930 - BCC vs. Danielle Smith
. Agenda #10, DAS 11931- BCC vs. Danielle Smith
. Agenda #11, DAS 11932 - BCC vs. Danielle Smith
. Agenda #12, DAS 11933 - BCC vs. Danielle Smith
. Agenda #13, DAS 11934 - BCC vs. Danielle Smith
. Agenda #14, DAS 11935 - BCC vs. Danielle Smith
. Agenda #15, DAS 11936 - BCC vs. Danielle Smith
. Agenda #16, DAS 11937 - BCC vs. Danielle Smith
. Agenda #17, DAS 11938 - BCC vs, Danielle Smith
8. Case # DAS 11929 - BCC vs. Danielle Smith
The Hearing was requesled by the Respondent who was present and represented by
Attorney Gary W. Gramer.
Mike Sorrell appeared as a wilness.
Collier County Department of Animal Services Officer Hinkley was also present.
Violations: Code of Law & Ord., 2008-51, Sec. 9-E
Deprive any animal of good and wholesome food and water. Cage 1
Violation address: 2335 Wilson Blvd N., 34120
The Respondent and the Witness reside at 2335 Wilson Blvd. N., Naples, Florida.
Attorney Gramer's office is located at 2315 Stanford Court, Naples, Florida 34112.
Attorney Gramer stated all the Citations were issued on December 20, 2008,
following a site visit, and related to all of the animals.
The Special Magistrate noted the only differences were the cage numbers and the
charges, i.e., "depriving the animals of good and wholesome food and water, " and
"creating a sanitary nuisance" around the pig trailer.
Attorney Gramer presented the Respondent's case:
8
March 6, 2009
· On Friday evening, December 19th, the Respondent fed the animals and
checked their water supply. Included were 9 chickens, 3 ducks, 2 turkeys, 2
Emus, 8 rabbits and 2 "4-H" pigs (raised by Mr. Sorrell's children for
exhibition at the County Fair).
· The animals were housed in four 8' x 8' walk-in pens, 2 large pens, and a
partitioned bunny hutch.
· On Saturday morning, December 20th, she began a "worming" process for the
male rabbits and the chickens which required water to be removed from the
pens and medicated water (Product: "Wazine 1 7") dispensed to each pen.
Once the medicated water had been consumed, the clean water supply can be
replenished.
· From approximately 7:30 to 10:30 AM, she removed hay from the livestock
trailer, scrubbed the interior of the trailer, and washed the pigs.
· The trailer was elevated at the tongue to allow dirty water and waste to escape
through slots in the wooden floor at the back portion of the trailer.
· She then left the property to purchase supplies.
The Respondent stated she is a Certified Public Accountant, licensed to work in the
State of Florida, and has a "Class 3" Wildlife license, and a game bird license.
· When she returned to her property at approximately 4:30 PM, Deputy Sheriff
Martindale and DAS Investigator Hinkley were on her property and informed
her ofthe Emus escape.
· She remained in her vehicle as requested and received two Citations from
Investigator Hinkley.
The Special Magistrate asked the Respondent if she had been present when the
officers entered her property and began the investigation.
The Respondent stated she was not home when the officers arrived and the property
was posted with "No Trespassing" signs.
· 'After the officers left, she inspected the cages and the animals. All ofthe
animals had food. The chickens had consumed the medicated water but had
scratched dirt into their water bowl.
The Respondent produced several red and blue ribbons (15t and 2nd Place) that she and
Mr. Sorrell had received at the Collier County Fair, held on February 15t, as well as
ribbons received in 2008 for the same animals.
Mike Sorrell stated his testimony would confirm and support the Respondent's
statements. He had installed an automatic watering system to the cages which normally
distributes water twice a day to the animals. The system had been turned off
during the worming process.
Mr. Sorrell stated when he returned to his home on Sunday evening, he contacted
Deputy Martindale who reported he could not be subpoenaed in a civil matter.
9
March 6, 2009
Assistant County Attorney Stirling stated the Special Magistrate has the authority to
issue subpoenas under the Ordinance.
The Special Magistrate advised Attorney Gramer he could request a Continuance to
pursue a subpoena for the Deputy.
DAS Investigator Hinkley presented the County's case:
· On December 20,2008, he responded to a call from the Collier County
Sheriffs Office because the emus were running loose on Wilson Blvd.
· The birds had been confined by two deputies. He recognized the birds and
called for assistance to help corral the birds and return them to their cages.
· An offensive odor was noticed emanating from the property which was later
determined to be coming from a puddle of sledge under the livestock trailer.
The Investigator stated he had several photographs to present.
Attorney Gramer asked for the photographs to be introduced individually and he will
object to the admission, as necessary.
· After the emus were confined, the cages were in plain view and the
Investigator noticed a water bowl full of debris in it. He also noticed the
condition ofthe rabbit's water.
· He took pictures of the cages and the water bowls.
· He asked the Deputies to remain while he wrote Citations. He stated the
Respondent and Mr. Sorrell had been verablly abusive to him on other
occasions. As he was writing, the Respondent drove into her driveway.
· The Investigator stated he walked over to the Respondent's car, explained
why he and the Deputies were at her residence, explained that he was writing
two Citations and that others would be sent via mail.
Supervisor Waldron stated each picture and page had been marked for identification.
The Special Magistrate stated the photographs, if admitted, will apply to all cases.
The Investigator stated all ofthe photographs were taken on December 20, 2008.
Page 3:
Photograph "A"
Photograph "B"
(pig trailer)
(pig trailer)
Admitted into evidence
Admitted into evidence
Page 4: Photograph "A" (bird cage)
Photograph "B" (water bucket)
Investigator's observation: dirty bucket without water.
Not admitted - too dark
Admitted into evidence
Page 5: Photograph "A" (water bucket) Admitted into evidence
Photograph "B" (rabbit cage) Admitted into evidence
Investigator's observation: dirty bucket with very little water and murky water.
The photograph also showed a blue container with very little food in it.
Attorney Gramer objected to the previous photographs as a continuing objection.
10
March 6, 2009
Page 6: Photograph "A" (cage - damp dirt) Admitted into evidence
Photograph "B" (pink cooler) Admitted into evidence
Investigator's observation: murky water with debris in it.
Page 7:
Photograph "A"
Photograph "B"
(cage)
(dogs)
Admitted into evidence
Not admitted - not relevant
Attorney Gramer renewed his objections to the above-reference photographs and to
the Investigator's description of "black or murky" water.
The Special Magistrate asked Attorney Gramer ifhe had a definition of "potable
water."
Page 8: Photograph "A" (dogs) Not admitted - not relevant
Photograph "B" (rabbit cage) Admitted into evidence
Investigator's observation: water bottle with murky water and green "floaters."
Attorney Gramer renewed his objections. He objection to the Investigator's
conclusion that the water was "not potable" and to the Investigator's description of
the condition of the water, i.e., "murky," "not potable," "containing debris." He
stated the Investigator viewed the cages and water bowlslbottles at a distance, he was
not close enough to make a fair assessment, and the water was not tested. He
objected to the Investigator's conclusions.
He further stated the debris or "contamination" may be located on the outside of the
water containers and not harmful to the animals, and the same conditions are found
on farms.
The Special Magistrate stated Investigators are allowed to make conclusions in order
to determine whether or not to issue a Citation.
She further explained Investigator Hinkley was testifying as to his observations and
giving explanations. The Attorney could cross-examine the Investigator.
Page 9: Photograph "A" (rabbit cage) Admitted into evidence
Investigator's observation: water in the bowl with slime substance around the sides
and bottom of the bowl
The Attorney's standing objection was noted.
The photographs were marked as County's Composite Exhibit "A" and admitted into
evidence, and applied to all cases.
Cross-examination was conducted by Attorney Gramer concerning the preceding
established issues:
· Escape ofthe emus,
. "no trespassing" signs,
. the reason for entering the property,
· what the Investigator saw and "reasonable cause" for investigating the premises.
11
March 6, 2009
The Investigator read the charges and cited the Code of Laws and Ordinances,
2008-51, Section 9(1-E) as follows:
"... to torment any animal or deprive any animal of shelter or
sufficient quantities of good and wholesome food and water. "
Cross Examination continued.
Attorney Gramer pointed out there was no reference to "potable water" in the
Ordinance.
Investigator Hinkley stated he also referred to the State's Statutes and he further
stated it was understood the condition of the water was meant to be clean.
· The Investigator admitted he was familiar with the worming procedure.
· He stated he had "never known anybody to withhold water [from an animal]
for any reason."
The Special Magistrate examined the bottle containing the worming medication.
· The Investigator admitted the amount of food was not an issue in the cases.
· The Investigator stated he wrote the Citations based on his observations but he
could not cite a specific cage because they were grouped together. He stated
each cage either did not contain clean water or lacked any water.
· The Investigator stated he had not heard the expression, "Christmas Treeing"
in regard to the Citations.
· The Investigator stated DAS Officers are not allowed to carry loaded
weapons.
All Photographs were viewed again by both the Respondent, the Respondent's
Attorney and the County.
The photographs depicted the following:
· a scrub brush and a black container (baby pool size)
· a bucket (Folger's extra large coffee can), recessed,with a small amount of
water in it
· a 2 ~ gallon in a chicken pen
· blue marble-pattern bowl in the rabbit hutch
· a bucket, recessed, containing medicated worming water
· a red-stained water cooler, water pipe was extended into the container
· a large stock pot, recessed, dark interior
· the "lip/sip" water bottle
· a food bowl (flipped over) and a dish
Assistant County Attorney Greene stated she had several follow-up photographs,
taken on February 24, 2009, which Attorney Gramer had not reviewed.
The Special Magistrate stated the attorneys can review the photographs during the
recess.
12
March 6, 2009
RECESS: 12:45 PM
RECONVENED: 1 :00 PM
Attorney Gramer stated he had no objection to admitting the County's photographs
into evidence.
Assistant County Attorney Greene stated there were 19 photographs on 11 pages
which were taken on February 24, 2009 at 4:00 PM.
The Special Magistrate clarified there was no individual testimony for each
photograph, a summation will be presented, and the Respondent did not object to the
admission of the photographs.
A review of the Summation conducted by Attorney Gramer:
· The incident occurred on one day, triggered by the escape of two emus.
· Sheriff s Deputies corralled the emus and called for assistance from Animal
Control. Investigator Hinkley responded.
· The "reasonable cause" for the Investigator to be at the presmises was the emu
issue and there was no "reasonable cause" for him to be anywhere else on the
premises other than the emu pens.
· The Investigator ignored the posted "No Trespassing" signs, walked onto the
property, and performed impromptu inspections.
· The Investigator cited "plain view." The property is 2 ~ acres. There are
limits as to what is allowed under "plain view."
· The Investigator raised the issue concerning the State's regulations regarding
"potability of water."
· There is a different standard for the potability of water for human
consumpation is an issue on which the Statutes are clear.
· The issue of potability of water for animal consumption is not clear.
· The Ordinance cites: "depriving any animal of good and wholesome food and
water." There is no proofthat any animal was deprived.
· A worming procedure was taking place on December 20, 2008 for certain
animals.
· There was no intentional or unintentional deprivation of water to the animals,
which is the crux of the case.
· The water was not tested to determine "potability" for animal consumption.
· The Statute does not require water for animals to be "potable."
· Viewing a cage containing a healthy animal that did not have water at that
particular moment was not proof the animal had been deprived of water for
any period of time. An inspection should be conducted over the course of a
day to determine whether or not there was deprivation.
· The County's Ordinance requires "water" to be provided and the Respondent
did provide water.
The Special Magistrate stated the Ordinance refers to "good and wholesome water"
not "potable."
13
March 6, 2009
· The County's photographs were taken on February 24, 2009 during a follow-
up investigation of the property and show the condition ofthe water bowls
and dishes on that day versus those in Officer Hinkley's photographs taken
on December 20, 2008.
· The Special Magistrate was asked to consider the differences between the
photographs.
Supervisor Waldron stated the County's photographs were identified as "C" and "D"
to avoid confusion. The Respondent's photographs were identified as "A" and "R"
The following outlines the differences between the photographs:
· Page 3, Photograph "C:" two rabbits and two water bowls.
· Page 3, Photograph "D:" large bucket with a sprinkler, previously described
by the Respondent, containing water in the bucket.
· Page 5, Photograph "D:" a rabbit with two dishes - one is the marble water
dish which was discussed by the Respondent and the Investigator.
· Page 6, Photograph "D:" another 2 ~ gallon bucket described by the
Respondent who questioned the determination of whether there was water due
to shadows and clarity of the bucket.
· Page 7, Photograph "C:" The Respondent and Mr. Sorrell discussed the
cleaniness of the red cooler. The photograph showed a stark contrast between
the December photo and the February picture where the cooler had quite
clearly been cleaned out.
· Page 8, Photograph "D:" The Respondent specifically described the stockpot
and there is clearly a stark contrast between the picture in December and the
picture in February.
The photographs were admitted into evidence as County's Composite Exhibit "B, "
and applied to all cases.
· Investigator Hinkley, as a DAS Animal Control Officer, had the authority to
enter the premises on December 20, 2008.
· The Ordinance specifically grants the authority to the Director or the
Director's designees. Section 3, Paragraph 2, of the Ordinance provides, "The
Director shall have the authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes,
and other buildings within the cartiledge of the principle residential building
for the purpose of enforcing this Article. "
[The Special Magistrate reviewed the Ordinance.]
· Investigator Hinkley was called to the scene by the Collier County Sheriff s
Office.
· He assisted in capturing the emus that were running at large, in violation of
the County's Ordinance, when he discovered additional violations of the
County's Ordinance which were in open and obvious to any persons on the
property.
14
March 6, 2009
· The two violations identified:
o Section 8, Paragraph 1 (E) regarding the sanitary nuisance,
i.e., material leaking from the livestock trailer, and
o Section 9, Paragraph 1 (E) regarding the animals deprived
of "good and wholesome water."
The County requested the Special Magistrate to uphold the nine violations regarding
the water and the one violation regarding the sanitary nuisance as aggravated
violations.
A Rebuttal was conducted by Attorney Gramer.
The Special Magistrate stated she would apply the Webster's Dictionary definition
of "good and wholesome. "
The Special Magistrate requested Counsel to submit their definitions of "good and
wholesome" and supporting documentation within ten days.
The Special Magistrate stated her Order will be entered within ten days after her
receipt of Counsels' documents.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
Cases CESD 20080009496 (Agenda #1) and CESD 20080009498 (Agenda #2) were
heard together.
1. Case # CESD 20080009496 .,... BCC vs. Wallace R. Parker, Tr., Steve H.
Parker, Tr., & Wallace Parker Tr., Utd 8-2-96
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Jonathan Musse.
The Respondent, Brent Parker, was also present.
Violations: Florida Building Code, 2004 Edition, as adopted ay Collier Co.,
Sec 105.1
Constructed a wooden fence without first obtaining proper Collier Co.
permits
Violation address: 85 7th Street, Bonita Shores, 34134
The Special Magistrate noted the cases had been Continued from a previous Hearing.
Supervisor Waldron stated the previous Hearing was held on February 20,2009. If
the violation was abated on or before by March 6,2009, only the Operational Costs
of$117.60 were to be paid by the Respondent and all accrued fines up to the date of
abatement or compliance would be waived.
Investigator Musse confirmed the violation had been abated by March 6, 2009.
15
March 6, 2009
The Special Magistrate ordered the Respondent to pay the Operational Costs
incurred by Code Enforcement in the prosecution of this matter in the amount of
$117.60 on or before April 6, 2009.
2. Case # CESD 20080009498 - BCC vs. Wallace R. Parker, Tr., Steve H.
Parker, Tr., & Wallace Parker Tr., UTD 8-2-96
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Jonathan Musse.
The Respondent, Brent Parker, was also present.
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s ).1 0.02.06(B)(1 )(A), 1 0.02.06(B)(1 )(E) & 1 0.02.06(B)(1 )(E)(I)
Shed built without obtaining proper Collier Co. permits
Violation address: 85 7th Street, Bonita Shores, 34134
Investigator Musse stated the Respondent produced a written document from a
County Inspector verifying issuance of Certificate of Completion on March 4,2009.
The property was in compliance.
Supervisor Waldron stated the Operational Costs were $117.69.
The Special Magistrate ruled, based on her previous Order, that all accruedfines
and fines accrued from February 20, 2009 to March 6, 2009 were waived.
The Special Magistrate ordered the Respondent to pay the Operational Costs
incurred by Code Enforcement in the prosecution of this matter in the amount of
$117.60 on or before April 6, 2009.
The Respondent requested the Special Magistrate reduce the Operational Costs from
two to one because he was informed he did not need to obtain a permit to demolish
an oramental fence. He has obtained a permit to install the fence in another location
on the property.
Supervisor Waldron stated the Special Magistrate does not have the authority to
waive payment of Operational Costs.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the amounts of$117.60 and $117.69.
The Special Magistrate stated there was an initial Hearing in the Cases and an initial
Order, entered on November 7, 2008, for payment ofthe Costs to be made by
December 7, 2008. Technically, the Respondent has been granted a longer period of
time to pay since the County cannot foreclose on a property for a period of 90 days
pursuant to the Ordinance.
16
March 6, 2009
V. PUBLIC HEARINGS
C. Emergency Case: Motion for Reduction/Abatement of Fines
1. Case # 200711 0261 - BCC vs. Douelas Carter
The Hearing was requested by the new property owner, TCIFREOGCM, LLC, who
was represented by Attorney Craig P. Rogers, Shephard & Leskar, P.A., 100 N.W.
70th Avenue, Plantation, Florida 33317.
Attorney Rogers stated he filed an Amended Petition for Abatement of Fines.
The Special Magistrate stated she reviewed the material submitted by Attorney
Rogers and the County.
Supervisor Waldron stated the property was in compliance as of December 30,2008
and the Operational Costs have been paid. The County recommended reducing or
abating the fines. The total fines accrued to date: $44,500.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
and Liens in the total amount of $44,500.
The Special Magistrate GRANTED the Respondent's Motion of Abatement of
Fines and noted the Operational Costs had been paid.
B. Hearings:
20. Case # CENA 20080014239 - BCC vs. Peter E. Thomas
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present
Violations: Collier County Code of Laws, Chapter 54, Article VI, Sec(s). 54-181
and 54-179
Unauthorized accumulation of litter and litter declared to be a public
nUIsance.
Violation address: 748 96th Avenue N., 34109
Supervisor Waldron stated the Notice of Hearing was mailed on February 23,2009
and the property and the Courthouse were posted on Feburary 24,2009.
Investigator Musse introduced seven photographs taken on September 19,2008,
which were marked as County's Composite Exhibit "A" and photographs entered
into evidence.
On November 17,2008, the Investigator spoke with the Respondent who agreed to
abate the violation. He conducted a site inspection on March 6,2009, and stated
some debris was removed, but the violation was not completely abated. Two
17
March 6, 2009
additional photographs, dated March 6,2009, were marked as County's Composite
Exhibit "B" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove the litter to an
appropriate waste disposal facility, or store desired items in a completely enclosed
structure on or before March 13, 2009, or afine of $1 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 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 $117.78 on
or before April 6, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
TotalAmount Due: $117.78
21. Case # CESD 20080011167 - BCC vs. Frank Susi
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present
Violations: Collier Co. Land Development Code 2004-41, as amended,
Sec(s).l 0.02.06(B)(1 )(A), 1 0.02.06(B)(1 )(E) & 1 0.02.06(B)(1 )(E)(I)
Shed built without obtaining proper Collier Co. permits
Violation address: 606 ll1th Avenue N., 34108
Supervisor Waldron stated a Certified Mail Receipt, signed by "Joe Cooper," was
received on February 6,2009, and the Notice of Violation was posted at the property
and the Courthouse on December 18, 2008.
On September 15,2008, Investigator Musse spoke with the property owner who
stated he would remove the shed. The Notice of Hearing was posted at the property
and the Courthouse on February 24,2009. The violation had not been abated.
The Investigator introduced two photographs, dated July 21,2008, which were
marked as County's Composite Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to obtain either a Collier County
Building Permit or a Collier County Demolition Permit, all required inspections,
and a Certificate of Occupancy/Completion, on or before March 20, 2009, or a
18
March 6, 2009
fine of $50.00 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 assess the costs to the Respondent.
Ifnecessary, assistance may be requestedfrom 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 $117.70 on
or before April 6, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.70
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
3. Case # 2007080698 - BCC vs. Richard K. Cruce
The County was represented by Code Enforcement Investigative Supervisor Jennifer
Waldron and Investigator Jonathan Musse
Violations: Ord. 2005-44, as amended, Sec(s) 6, 7 & 8
Litter
Violation address: 6101 Taylor Rd. S, Immokalee 34142
Supervisor Waldron stated the Notice of Hearing was posted at the property and the
Courthouse on February 24,2009.
Investigator Musse stated the violation was abated on July 28,2008.
The County requested imposition of Operational Costs in the sum of $117.43.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$117.43.
VII. OLD BUSINESS:
A. Request to Forward Cases to County Attorney's Office
1. CASE NO: 2007080695
OWNER: RICHARD K. CRUCE
2. CASE NO: 2007080696
OWNER: RICHARD K. CRUCE
3. CASE NO: 2007110459
19
March 6, 2009
OWNER:
4. CASE NO:
OWNER:
Jill J. Weaver and Henry Tesno
CEPM20080008890
Jill J. Weaver and Henry Tesno
5. CASE NO: 20070000304
OWNER: Jill J. Weaver
6. CASE NO:
OWNER:
CEPM20080003564
Jill J. Weaver and Henry Tesno
The Special Magistrate GRANTED the County's Request to forward the above-
referenced Cases to County Attorney's Office subject to submission of an Executive
Summary.
VIII. CONSENT AGENDA: None
IX. REPORTS:
The Special Magistrate stated a question was raised at a previous Hearing whether the
penalty for parking in the access area adjacent to the Handicapped parking space should
be the same amount assessed for parking in a Handicapped space.
The Special Magistrate researched the Ordinance and found it has not changed. The
Handicapped Ordinance requires the same penalty to be assessed for parking in either the
access area or the actual Handicapped parking space. The penalty in either instance is
$250.00.
X. NEXT HEARING DATE - Friday, March 20, 2009 at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
There being no further business for the good of the County, the Hearing was
adjourned by Order ofthe Special Magistrate at 2:06 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Brenda Garretson, Special Magistrate,
The Minutes were approved by the Special Magistrate on
as presented _, or as amended_.
20