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CESM Minutes 06/19/2009 June 19,2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 19, 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: Honorable Brenda Garretson ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretary June 19, 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; the goal is to obtain compliance without being punitive. RECESS: 9:13 AM RECONVENED: 9:35 AM III. APPROVAL OF MINUTES - June 5, 2009 Corrections: . Under Item III, "Approval of Minutes" -- The correct date of the Amended Minutes is May 15, 2009. . Agenda #7, Case #CEPM 20080016074 - It was stated the Stipulation signed was for a "mobile home" when it actually referred to the "structure" . Agenda #8, Case #CENA 20090016562 - The Case Number should be 20080016562 The Minutes of the Special Magistrate Hearing held 011 JUlie 5,2009 were reviewed by the Special Magistrate alld approved as amellded. II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item V (A), Stipulations were reached in the following cases: . Agenda #9, Case #CESD 20080011687 - Bce vs. Candelario Rodriguez . Agenda #10, Case #CEV 20090001146 - BCC vs. Juan L. Grande & Mercedes Boligan (Time-sensitive: to be heard at 11 :30 AM) (b) Under Item V (B), "Hearillgs," the following case was WITHDRAWN by the County: . Agenda #2, Case #SO 147953 - CEEX 20090007761- BCe vs. Andras Petery (c) Under Item V (C), "Emergency Cases," the following cases were ADDED to the Agenda: . Agenda #1, Case # CEPM 20090010301 - BCC vs. Tirso Careaga & Martha Mejicanos . Agenda #2, Case # CEPM 20090010098 - BCC vs. Timothy & Alisa Grossi 2 June 19,2009 (d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were WITHDRAWN by the County: . Agenda #3, Case #CEV 20090003262 - BCe vs. Andrew, Halley E. and Barbara Savage . Agenda #8, Case #CEPM 20080007069 - BCC vs. Tanya D. Simpson, Esq.; Smith, Hiatt & Diaz, Attys For Plaintiff (e) Under Item VII, "Old Business," the following case was ADDED to the Agenda: . Agenda #3, Case #CENA 20080013972 - BCC vs. Bruno Penzo (1) Under Item V (B), "Hearings," the following case was DISMISSED by the County due to payment: . Agenda #3, Case #SO 160415 - CEEX 20090007666 - BCC vs. Fred & Sandra Siepieranski The Special Magistrate approved the Agenda as amended, subject to changes made during tlte course of the Hearing at the discretion of the Special Magistrate. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Continuance - None C. Motion for Extension of Time - None V. PUBLIC HEARINGS A. Stipulations: 9. Case #CESD 20080011687 - BCC vs. Candelario Rodrh!uez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Section(s) 10.02.06(B)(1)(A) Alteration to the lanai screen enclosure and addition of a roof hangover/storage with no permits Folio No: 36314520004 Violation address: 2269 50th Terrace SW, Naples A Stipulation was entered into by the Respondent on June 19, 2009. Investigator Paul stated the Respondent signed the Stipulation at the Code 3 June 19,2009 Enforcement Office. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain either the necessary permits for any and all improvements or alterations to the residence, or permits for the removal of all unpermitted improvements to the structure, inspections and a Certificate of Completion on or before October 19,2009, or a fine of $200. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent 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. 70 on or before July 19, 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 V. PUBLIC HEARINGS B. Hearings: 1. Case #SO 165953 - CEEX 20090008498 - BCC vs. Kevin R. Borders The Hearing was requested by the Respondent who was present. Collier County Sheriffs Office Deputy Fred Klinkmann was also present. Violations: Code of Law & Ord., Sec. 130-67 Parking in wheelchair access Violation address: Lowes The Respondent resides at 2640 Fishtail Palm Court, Naples, Florida, and requested "mercy from the Court." Deputy Klinkmann changed the violation to Section 130-66. He stated the wheelchair access area was faded and not very visible. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay afine in the amount of $30.00 and an administrativefee of $5. 00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before July 19, 2009. Total Amount Due: $85.00 4 June 19,2009 (The following cases were heard together.) 5. Case #DAS 11570 - CEEX 20090008271- BCC vs. Susan Fowler Fienstock Violations: Ordinance 2008-51, Section 8(1 )(B) To allow a dog to run at large. Jax 6. Case #DAS 11571 - CEEX 20090008269 - BCC vs. Susan Fowler Fienstock Violations: Ordinance 2008-51, Section 8(1 )(G) Snap and growl, bite. Jax Violation address: Starfish Avenue The Hearing was requested by the Respondent who was present and represented by Attorney Colleen McAllister. Collier County Department of Animal Services Officer Jorge Araujo was also present. The Respondent's last name is spelled F-e-!-n-s-t-o-c-k, and she resides at 5093 Starfish Avenue, Naples, Florida. Attorney McAllister requested dismissal of the Citations as insufficient as a matter of law. Pursuant to Section 828.27(F)(4), Florida Statutes, a Citation must contain all required information, i.e., the facts constituting probable cause. The Attorney presented her case: . The Citations did not contain the required information - the "description of violation" is not the same as the facts or circumstances which "gave rise to the issuance of the Citation" . The Respondent went to the Animal Control office to receive the Citations and asked what were the facts upon which the Citations were based but was not gIven an answer. . The questions were asked in order to determine what should be raised as a proper defense since the Citations did not give any clues. Officer Araujo stated the Citations were issued based upon information contained in the affidavits of the children - one of whom was bitten -- and upon affidavits from neighbors of prior incidents of Jax attacking other dogs, lunging/snarling, and running at large. Copies of the affidavits were given to the Respondent when she signed the Citations. The Respondent stated she received the Affidavits on May 7,2009 which was the date the Citations were issued. The Special Magistrate ruled the Citations and Affidavits contained sufficient information to establish probable cause and DENIED the Respondent's Motion for Dismissal. The Special Magistrate stated the slight time difference between receiving the Citations and the Affidavits were not sufficient grounds to dismiss the case. The Respondent requested and received the back-up information contained in the 5 June 19,2009 Affidavits. Attorney McAllister presented her Opening Remarks and utilized a visual aid to illustrate. . On May 6, 2009, the Respondent was ordered by the Department of Animal Services to surrender her Jack Russell Terrier for impoundment due to a biting incident which occurred on May 3, 2009 . She stated no meaningful investigation was conducted. . There were only three witnesses: the Respondent and two 9-year-old girls The Respondent testified: . Mrs. Feinstock has resided on Seagate for 16 years and is a Registered Professional Nurse . The dog, Jax, is a Humane Society rescue dog which she obtained 7+ years ago . On May 3rd, she took Jax out to the car for his usual Sunday afternoon ride . The dog was beside her as she opened the garage door and then the tailgate of the SUV . The girls were playing with coconuts at the mailbox located at the edge of her driveway . The dog ran down the driveway, looped around the girls, back up the driveway and into the tailgate of the SUV . She did not see the dog touch either of the girls . The dog did chase both girls off the driveway . The girls started squealing and ran over to a vacant lot where there was a large pile of debris and rocks where the girls continued to play . Jax returned to her as soon as she called him and jumped into the cargo area of the SUV The Respondent presented several photographs which were marked as Respondent's Exhibits "A" through "0" and were admitted into evidence. . She stated Haley (the victim) has known Jax since he was rescued and she would pet the dog . If the Respondent had seen the dog bite Haley, she would have given medical attention immediately but she did not see Haley fall or hear anyone cry The DAS office received a telephone call regarding a dog bite. Officer Araujo went to the home of Haley Dee and spoke with the parents. He conducted a door-to-door investigation and spoke with neighbors about prior history concerning Jax's behavior. He contacted the Respondent and gave her a choice to either quarantine her dog at the DAS shelter or at her Vet's office. The County introduced a medical report and accompanying cover letter dated May 29, 2009, which was marked as County's Composite "A" and admitted into evidence. Cross-Examination of Officer Araujo: 6 June 19,2009 Attorney McAllister questioned Officer Araujo about the Affidavits he obtained and whether or not he observed Haley Dee or Rebecca Harris write them. He was handed completed documents which were signed by the parents on behalf of their daughters. Neither parent observed anything about the incident. He did not speak directly with either girl. The Officer was given the names of neighbors to contact regarding prior incidents from the parents. He obtained Affidavits from Elfi Grunewald, Sally Leininger and Martha Dykman attesting to incidents involving their animals and Jax's behavior which included attacking Mrs. Grunewald's puppy, lunging and snarling at Mrs. Leininger's dogs, and running, unleashed, onto a neighbor's property to attack Mrs. Dykman's dog. He stated while the mailbox was located on the Respondent's property, when the dog circle~ it as the Respondent indicated, it came "off property" into the right-of-way to do so. The Officer introduced a copy of Medical Records from Advanced Medical Center where Haley Dee was taken for treatment which were marked as County's Exhibit "B" and admitted into evidence. In response to a question, the Officer stated he issued the Citations based upon the information contained in the affidavits from the girls. Rebuttal from Respondent: . Re: Sally Leininger's statement, Mrs. Feinstock stated the dogs (Schnauzers) are never leashed. Her dogs would charge Mrs. Feinstock and her dog as they walked past the Leininger property. Mr. Feinstock informed Mrs. Leininger there is a leash law in Collier County. o The Respondent stated Mrs. Leninger's dogs pinned visitors in their cars on two different occasions and she called Mrs. Leininger to ask her to retrieve her dogs from the Respondent's front yard. o The Respondent also stated her daughter was bitten by one of the Schnauzers which she described as aggressive. . Re: Martha Dykman's statement, Mrs. Feinstock stated Mrs. Dykman's puppy was unleashed and in her yard while Mrs. Dykman spoke with a neighbor. Jax chased the dog out of the yard. . Re: Elfi Grunwald's statement, Mrs. Feinstock stated Mrs. Grunewald's dog was in her front yard and Jax chased it away. The Grunewald dog was not hurt and was back the next day in Mrs. Feinstock's yard. Attorney McAllister objected to the letter written by Dr. Ruth DuPont which states "Haley Dee suffered a dog bite as reported." The letter did not accompany the medical report and was received at a later date by the Department of Animal Services. The Attorney referenced the medical records which state, "The patient complains of a dog bite." There was no medical determination made to substantiate the patient's claim and the records refer to a "laceration" - not a dog bite. 7 June 19,2009 The Respondent observed, based on her medical experience, that the laceration was a simple, straight clean cut and is not characteristic of a dog bite which is a puncture wound with tearing and jagged, rough edges. Five simple sutures were required only on the surface. A deeper wound would require interior stitches as well. The laceration could have been caused by a fall. The Special Magistrate stated she was allowing testimony concerning the dog bite because of the issue of credibility. She noted neither Citation required proof of an actual dog bite. Officer Bonnie Kubicsek stated dog bites are not always puncture wounds - the dog's tooth can scratch a person especially if the person is running away. A canine tooth can also slice. The wound was located on the lower front of Haley Dee's knee. Summary by Attorney McAllister: . The girls' statements claim that the Respondent watched and did nothing which is not possible for a mother and a nurse to do - especially a nurse with over 30 years of experience who spends two days a week volunteering at schools . Rebecca's statement was that she slipped and lost her shoe which is why the dog attacked Haley . If the girls were running away, the dog would have had to run ahead of the girls and then double back in order for the wound to be located where it was . Because the Respondent reminds her neighbors of the County's leash laws, she has been harassed . No one knows if the girls' statements were freely given or were coached because no one has had the opportunity to interview them or were present when the statements were written Summary by Officer Kubicsek: 1. The Respondent stated, at the time of the incident, the dog was offleash and not under her control 2. The dog "circled" the girls and the mailbox - to do so, it ran off the Feinstock property and into the street RECESS: 11:03 AM RECONVENED: 11:22 AM The Special Magistrate ruled as follows: . Re: DAS 11570 - CEEX 20090008271 In Section 8(1)(B) of Ordinance 2008-51, the elements of the charge are: "To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent subject to zoning of the owner or any lessee of such private property" 8 June 19,2009 The Special Magistrate stated the testimony was that the dog did run from the garage down and around the girls and was unleashed at that time. The public street was invaded. The testimony came from the Respondent who gave demonstrative evidence that the dog ran around the mailbox and the girls. In reviewing tlte Respondent's Exhibit "K," it is clear that tlte mailbox is located at the edge of the street so if the dog was "going around" tlte mailbox and the girls, it would put the dog in the public street. The County has proven the elements. . Re: #DAS 11571 - CEEX 20090008269 In Section 8(I)(G) of Ordinance 2008-51, the elements of the charge are: "To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right of way" The Special Magistrate stated the dog did go into the road right-of-way to circle around. There was no evidence of "snap, growl, snarl, or jump upon" presented by either side. The ruling is based upon "otherwise threaten." The mere fact that the dog circled around the girls is a threatening action, in and of itself. In their affidavits, both girls stated they were scared and were, in fact, feeling threatened by that action. The County has proven those elements, as well. The Respondent's testimony, based on her medical expertise, conflicted with the County's concerning whether or not the wound was actually a bite. Wltether the wound actually was a dog bite does not matter because it was not an element oftlte Ordinance and because the conflicting testimony was inconclusive, it was taken into consideration when making the ruling, but no Finding was made concerning whether or not one side lied. The Special Magistrate imposed a fine of $1 00. 00 in each case, with an administrativefee of$7.00 and Operational Costs in the sum of $50. 00 to be paid on or before July 19, 2009. The Special Magistrate noted the conflicting testimony of the Respondent regarding whether or not the dog was leashed. The Respondent stated the dog was never un- leashed or allowed to run at large, yet she admitted that he ran unleashed down the driveway and circled the girls. The contradictory testimony was also considered. The Special Magistrate stated the Respondent will have ten days to submit a Motion for a Re- Hearing and thirty days to appeal the ruling to the Circuit Court. Attorney McAllister asked the Special Magistrate to note in her Ruling the first sentence of Section 8 which states: "It shall be unlawful for the owner of an animal to allow or permit his or her animal to run at large..." 9 June 19, 2009 . She asked for clarification that the Special Magistrate found the Respondent allowed or permitted her dog to run at large and threaten the two young girls. . She also asked for clarification of "right-of-way" - did the Special Magistrate find that the dog ran into the road or did the Special Magistrate find the dog was in the Utilities Easement. The Special Magistrate clarified: . The dog ran out and to the girls and the Respondent did not immediately call the dog back to her - it was only after the dog had gotten down to the area where the girls were that the Respondent called for the dog. . Re: the right-of-way, the dog actually went into the roadway, not the Utilities Right-of- Way. Respondent's Exhibit "K" showed the location of the mailbox post and the Respondent demonstrated where the dog went - she used a red marker which showed the dog going into the right-of-way. Attorney McAllister asked if Special Magistrate found that Haley and Rebecca were on the Feinstock property when they were threatened by the dog, or not? The Special Magistrate stated: . One Citation was to "run at large" on a public street and the Finding was that the dog did, in fact, circle around the girls which took him into the public street. . The second Citation involved "threatening." The Respondent stated the dog circled the girls. The evidence didn't identify where the girls were standing when the circling happened. They had been on the right-of-way and were feeling threatened when the dog circled into the right-of-way, so the elements have been met. Attorney McAllister asked, if a Re-Hearing was requested, would the Special Magistrate issue subpoenas to the two girls to appear and testify? The Special Magistrate stated she would issue subpoenas which are to be prepared by the Attorney and sent to her office. The Special Magistrate stated she will rule 011 the Motion for a Re-Hearing upon receipt of the Respondent's Motion alld will allow the County ten days to respond. The Motion stays the Appellate time and does not prejudice the Respondent. 4. Case #097712 - CEEX 20090007756 - BCC vs. Robert Murphv The Hearing was requested by Collier County Sheriffs Office Deputy Michael Thomas was also present. The Respondent was not present Violations: Code of Law & Ord., Sec. 130-66 Parked on / in swale Violation address: South Bay Drive & Gulf Shore Ct 10 June 19,2009 The Notice of Hearing was sent on June 9, 2009 and left on June 13,2009 in Massachusetts. The Notice was initially sent to Bonita Springs and was forwarded to an address in Massachusetts. Corporal Michael Thomas stated he observed the Respondent's automobile parked between the road and the swale, even though ample parking was available. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay afine in the amount of $30.00 and an administrative fee of $5. 00. The Respondent was ordered to pay tlte Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before July 19, 2009. Total Amount Due: $85.00 The Special Magistrate noted the Respondent is entitled to submit a Motion for a Re- Hearing within ten days. v. PUBLIC HEARING A. Stipulations: 10. Case #CEV 20090001146 - BCC vs. Juan L. Grande & Mercedes Boliean The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Juan L. Grande, was also present and represented his wife, Mercedes Boligan. Lilliana Carrender, Court interpreter, served as translator for the Respondent. Violations: Collier County Land Development Code 2004-41, as amended, Sec.2.01.00(A) Unlicensed / inoperable vehicle parked / stored on residential area Folio No: 36244240001 Violation address: 1961 51st St. SW A Stipulation was entered into by the Respondent on behalf of his wife, Mercedes Boligan, and himself on June 19, 2009. The Respondent resides at 1961 51 st Street, Naples, Florida 34116. Investigator Paul stated the Respondent signed the Stipulation and agreed to pay the Operational Costs. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to obtain a current registration for II June 19,2009 the vehicle, or store it within a completely enclosed structure, or remove it from the property on or before June 29,2009, or afine of $50. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the 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 requestedfrom 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$117. 70 on or before July 19, 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: $117.70 The Respondent verified he understood the terms of the Stipulation at the time of signing and did not have a problem relying on the interpreter provided by Code Enforcement. The Respondent further verified that he admitted to the violation. C. Emergency Case: 1. Case #CEPM 20090010301- Bee vs. Tirso Carea!!a and Martha MeUcanos The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were also present. Lilliana Carrender, Court interpreter, served as translator for the Respondents as needed. Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI, Section 22-231, Subs. 1 and 2 Dwelling being occupied without being connected to approved water and sewer system. Violation address: 2184 45th Street SW, Naples, FL The Respondents reside at 220 Red Bird Lane, Naples, Florida 34114. Investigator Mucha conducted a site visit on June 12, 2009 and spoke to Ms. Mejicanos who stated the water had been turned off because the occupants were moving out. Investigator Mucha informed Ms. Mejicanos that, as landlords, she is responsible to provide water as long as the dwelling is occupied. Water service has not been restored. Respondent Mejicanos stated the tenants paid the first month's rent in full and are in arrears by two months. The tenants were supposed to have the electricity and water service in their name according to the terms of the lease. The Respondents have been paying the water bills for the tenants and can no longer afford to do so. 12 June 19,2009 The following water bills which were marked as Exhibits and admitted into evidence: Respondents'Exhibit "A" - dated May 19, 2009 Respondents' Exhibit "B" - dated April 21, 2009 Respondents'Exhibit "C" - Final Notice dated June 11,2009 The tenants initially told Ms. Mejuicanos they were leaving on June 5th but the date was changed to JunelOth. She stated the service was not suspended until June 12th, but the tenants never called to inform her they were still at the property. She filed an eviction notice. A copy of the document was marked as Respondent's Composite Exhibit "D" and admitted into evidence. A copy of the Florida Residential Lease, dated March 14, 2009, was marked as Respondent's Composite Exhibit "E" and admitted into evidence. The Respondent stated she was not able to contact the lessee (Adam Howard Lipton) by telephone. Investigator Mucha stated he met the lessee when he inspected the property. The lessee stated he was having financial problems and could not pay the rent. He stated there are four adults and four children living at the house. The Special Magistrate issued oral subpoenas to the residents of the property to appear at the podium. Frank Menechino stated he resided at 2184 45th Street SW with his daughter, Cindy Cigalotti and her children. Adam Howard is her boyfriend. Also residing at the property is an Aunt. Ms. Cigalotti stated she was unemployed for three months and only recently began work. Her Aunt has been unable to find employment. Mr. Menechino paid $165.00 to the landlord for the water. The tenants stated they were unaware they could have water service placed in their name if they produce a copy of the lease. They informed the Special Magistrate they would do so immediately. The Respondent stated the Clerk is in the process of scheduling the Eviction Hearing. The Notice was filed on June 18,2009. The Special Magistrate stated there was a violation of the Ordinance and the Respondents were required to restore the water service. Investigator Mucha suggested another solution is for the tenants to have the service placed in their name. Finding tlte Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to restore tlte water service to the property or the tenants must vacate the premises on or before June 23, 2009, or a fine of $250. 00 per day will be imposed for eaclt day the violation remains ]3 June 19,2009 thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If tlte Respondents have not complied by the deadline, the County is authorized to abate the violation and assess the abatement costs to the Respondents. Ifnecessary, assistance may be requested from the Collier County Sheriff's Office to abate the violation. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of tit is case in the amount of $117.70 on or before September 19, 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: $117.70 VI. NEW BUSINESS A. Motion for Imposition of Fines 9. Case #CEPM 20080014195 - BCe vs. Ester M. & Jorf!e L. Torres The County was represented by Code Enforcement Investigator Jonathan Musse. Respondent, Jorge Torres, was present and also represented his wife, Ester Torres. Violations: Collier County Code of Laws and Ord., Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22-26(103.11.2) Pool without a permitted pool enclosure or barrier Folio No: 75460400000 Violation address: 1340 Center Lane The Respondents reside at 1340 Center Lane, Naples, Florida. Investigator Musse stated the Operational Costs of $117.61 have been paid, but the violations have not been abated. The County requested imposition of fines in the amount of$7,400 for the period from April 7, 2009 through June 19,2009 (74 days @ $100/day), for a total amount of $7.400. The Respondent stated he hired a contractor who installed a pool barrier on May 31, 2009. The contractor stated no permit was required for a baby pool barrier. The Respondent contacted Steve Fontaine of the County's Permitting Office who confirmed that a permit was not required to install a baby pool barrier. The Respondent had the baby pool barrier installed because it was the only option he could afford. He asked the Special Magistrate to waive the fees because he is trying to keep his house and would install a full fence as soon as he is financially able. ]4 June 19,2009 The Investigator stated he contacted the Planning Office and was told that a permit was required. However, the Investigator has been unable to contact anyone in the Permitting Office. He confirmed the baby barrier was well constructed and any immediate danger has been allieviated. The Special Magistrate CONTINUED the case until August 21, 2009 and stated the fines are stayed. VII. OLD BUSINESS: (The following cases were heard together.) 1. Case #CENA 20080007654 - BCC vs. Naples Custom Properties. LLC Violations: Weed overgrowth: prohibited accumulation of non-protected mowable vegetation. Folio No: 62258320004 Violation address: 5302 Texas Ave. 2. Case #CENA 20080007656 - BCC vs. Naples Custom Properties. LLC Violations: Weed overgrowth: prohibited accumulation of non-protected mowable vegetation. Folio No: 62258320004 Violation address: 5302 Texas Ave. The Hearing was requested by Brian Elliott, as principle of Naples Custom Properties, LLC, who was present. Collier County Code Enforcement Investigator Reggie Smith was also present. Michael Collins appeared as a witness for the Respondent. Brian Elliott resides at 1505 Osprey Avenue, Naples, Florida 34102. Michael Collins resides at 7 Maui Circle, Naples, Florida, 34112. Investigator Smith stated the violation cited in Case #2 (CENA 20080007656) was incorrect. It should be "litter - declared public nuisance. " Investigator Waldron stated Mr. Elliott requested the Hearing in order to contest the liens that were assessed against the property. Mr. Elliott stated the reason why he was contesting was because he performed the clean up of the property, not the County. He and his friend, Mike Collins, did the work which took about 40 hours. He ground up approximately 35 stumps. The work was done in late June and the first part of July, 2008. He also said it was not 100% finished on that date. The County charged for cutting on July 23,2008 with photographs taken on July 18th 15 June 19,2009 that showed the property was cut. Mr. Elliott maintained he had cut the lawn. The Respondent introduced 13 photographs which were marked as Respondent's Composite Exhibit" 1" and entered into evidence. Mr. Elliott referred to a bill for services that he received from the County for $830 which he considered excessive and unfair. Later he received a corrected invoice from the County for $225 ($125 for cutting and $100 for administrative fees). Investigator Smith introduced nine photographs which were marked as County's Exhibits "A" (taken on 05/15/09 - 3 photographs), "B" (taken on 06/18/08 - 4 photographs) and "C" (taken on 07/18/08 - 2 photographs) and entered into evidence. The Special Magistrate noted the County's invoice did not specify when the contractor performed the work on the site. The Investigator stated when he inspected the property on June 18th, Mr. Elliott had completed approximately 90% of the work but the outer edges of the property still showed excessive weed growth and litter. The photographs taken on May 15th were the initial patrol violation photographs. The photographs taken on June 18th were taken the day after the Notice of Violation due date expired and the photographs taken on July 18th showed the contractor-abated property. The Special Magistrate stated the bill for the litter case (Case #2 - CENA 20080007656) charged $405 to remove six cubic yards of litter plus a one-time charge for mowing in the amount of $1 00.00. The litter was removed from the same property that was mowed and billed for under Case #1. She stated that was "double-dipping." The Special Magistrate asked the County to clarify the bill for the litter case and to contact the contractor to verify the debris removal did not include an additional charge for mowing. The Special Magistrate allowed ten days for the County to obtain the requested information. In the mowing case (Case #1), the Special Magistrate noted the charge of$125 was fair in view of the fact that the Respondent admitted he had not completed all of the mowing on the property. In the litter case (Case #2 - CENA 20080007656 ), the Investigator introduced 18 photographs which were marked as County's Exhibits "A" (taken on 05/15/09-7 photographs), "B" (taken on 06/18/08 -7 photographs) and "C" (taken on 07/18/08- 4 photographs) and entered into evidence. 16 June 19,2009 The Special Magistrate stated her Ruling will be delayedfor ten days. Copies of the photographs taken by the County's contractor will be sent to the Special Magistrate and the Respondent. RECESS: 1 :44 PM RECONVENED: 2:01 PM V. PUBLIC HEARING B. Hearings: (The following cases were heard together.) 7. Case #PR 000643 - CEEX 20090005022 - BCC vs. Nanette Lee Boksha Violations: Ordinance 76-48, Section 246-28(B)(4) Possession of alcohol in Vanderbilt Beach Park Violation address: Vanderbilt Beach Park 8. Case #PR 000645 - CEEX 20090005024 - BCC vs. Mvron David Boksha Violations: Ordinance 76-48, Section 246-28(B)(4) Possession of alcohol in Vanderbilt Beach Park Violation address: Vanderbilt Beach Park The Hearing was requested by the Respondents who were not present. Collier County Park Ranger Barry Gorniak was present. The Notice of Hearing was sent via Certified Mail and regular mail delivery. Proof of delivery on June 12,2009 was confirmed by the U.S. Postal Service. The delivery receipt was signed by Myron Boksha. Park Ranger Gorniak stated he observed a group of individuals drinking alcohol in Vanderbilt Beach Park. Myron Boksha tried to hide his beer under his seat which the Investigator stated indicated the Respondent knew he was wrong. Nanette Boksha was drinking wine from a cup. The Investigator explained no one is allowed to drink, carry or possess alcohol while in the Park. All six couples were issued Citations. The other couples paid their fines at the May 15th Hearing. The Bokshas requested a Continuance to November because they moved to Michigan, but were returning to Florida in November. The letter also stated they were in front of the Turtle Club but the Investigator disputed the couple's claim and stated they were not in the vicinity of the Turtle Club. The Special Magistrate reviewed the RespOlldents' letter requesting a Continuance. The Special Magistrate DENIED the Respondent's Request. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and each Respondent was ordered to pay a Citation fee of $150.00 and administrative fee of $5.00 on or before July 19, 2009. 17 June 19,2009 Each Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before July 19,2009. Total Amount Due: $410.00 RECESS: 2:31 PM RECONVENED: 3:15 PM V. PUBLIC HEARING B. Hearings: 11. Case #CEV 20080016915 - BCC vs. Kennneth W. Lipka The Hearing was requested by Collier County Code Enforcement Investigator Ralph Bosa who was present. The Respondent was not present. Violations: Collier County Land Development Code 2004-41, as amended, Sec.2.01.00(A) Unlicensed I inoperable vehicle parked I stored on residential area Folio No: 39836600001 Violation address: 2675 43rd Ave. NE, Naples, FL 34120 The Notice of Hearing was sent via Certified Mail delivery and the return receipt was signed on June 11,2009. The Notice of Violation was mailed and posted at the property and the Courthouse on February 6, 2009. Investigator Bosa introduced four photographs taken on December 10, 2008 which were marked County's Composite Exhibit "B" and three photographs taken on March 26, 2009 which were maked as Composite Exhibit "C" and admitted into evidence. The Investigator conducted a site visit on June 17,2009 and the violations had not been abated. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to repair the vehicles so they are operational and obtain valid tags for each vehicle, or to store the vehicles in a completely enclosed structure, or remove them from the premises on or before June 24,2009 or afine of $50. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent 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 is ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$117.87 on 18 June 19,2009 or before July 19, 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: $117.87 C. Emergency Case: 2. Case #CEPM 20090010098 - BCC vs. Timothv & Alisa Grossi The Hearing ws requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI, Section 22-231, Subs. 1 and 2 Dwelling being occupied without being connected to approved water and sewer system. Folio No.: 29734001149 Violation address: 3030 Renaissance Ct., Naples, FL 34119 The property and the Court were posted on June 17,2009. Investigator Mucha stated the Property Manager for the Homeowners Association called to complain that an individual was occupying the structure but the water has been turned off. The water had been turned off in April, 2009 for non-payment and the property is in foreclosure. On June 11,2009, the Investigator met with the occupant who stated he was staying at the property on behalf of the owner for security reasons since the furniture and the owner's belongings remained in the house. The occupant brought bottled water. The occupant stated he would move out by the weekend. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to restore water/sewer service to the property or to vacate the premises on or before June 22, 2009, 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 and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$117. 70 on or before July 19,2009. 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. 19 June 19,2009 Total Amount Due: $117.87 The Special Magistrate found the case involved health, safety and welfare issues which justified the Emergency Hearing status. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CEAU 20080013129 - BCC vs. Deutsche Bank National Trust Company c/o Kahane & Associates. P.A. The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Violations: Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Sections of stockade fence in disrepair Folio No: 36516160000 Violation address: 307241 st Terr. SW, Naples The Notice of Hearing was sent via Certified Mail and the return receipt was signed on June 12,2009. Supervisor Letourneau stated the violations had been abated. The County requested imposition of Operational Costs in the sum of$117.87, and fines in the amount of$4,000 for the period from February 13,2009 through March 24, 2009 (40 days @ $lOO/day), for a total amount of$4,117.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of$4,117.87. 2. Case #CEPM 20080015913 - BCC vs. Bernadino Guerrero. Jr. The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau. Violations: Collier County Code of Laws and Ord., Chapter 22 Building and Building Regulations, Article II Florida Building Code Sec. 22-26(103.11.1) Unsafe buildings /structures Folio No: 30681280002 Violation address: 1407 Apple St., Immokalee, FL 34102 The Notice of Hearing was sent via Certified Mail delivery and the return receipt was signed on June 10,2009. 20 June 19,2009 Supervisor Letourneau stated the violations have been abated. The County requested imposition of Operational Costs in the sum of$118.31, and fines in the amount of$14,500 for the period from April 7, 2009 through June 3, 2009 (58 days @ $250/day), for a total amount of$14,6l8.31. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $14,618.31. 4. Case #CEPM 20090000171 - BCC vs. Jill & Henrv Tesno The County was represented by Code Enforcement Investigator Thomas Keegan. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22-243 Repeat violation of vacant residential home with broken windows and unsecured exterior doors creating a public nuisance. Folio No: 48784600005 Violation address: 3203 Woodside Ave The Notice of Hearing was left on June 15,2009. The property and the Courthouse were posed on June 1,2009. Investigator Keegan stated the violations were abated on March 3, 2009. The County requested imposition of Operational Costs in the sum of$117.87, a Civil Penalty in the sum of$5,000, and fines in the amount of$l,OOO for the period from February 28,2009 through March 3, 2009 (4 days @ $250/day), for a total amount of $6,117.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of$6,117.87. 5. Case #CEOCC 20090003265 - BCC vs. Chile Caliente. LLC The County was represented by Code Enforcement Investigative Supervisor Kitchell Snow. Violations: Code of Laws and Ordinances Chapter 126-116, Section(s) (A)(2) Exceeding allowable occupancy for business according to the Business Tax Receipt Folio No: 25630440002 Violation address: 204/208 Boston Ave., Immokalee The Notice of Hearing was sent via Certified Mail delivery and was left on June 10, 2009. The property and Courthouse were posted on June 8, 2009. 21 June 19, 2009 Supervisor Snow stated the violations have been abated. He stated he hand-delivered the information to Bernardo Barnhart, the Registered Agent for the property The County requested imposition of Operational Costs in the sum of $117.52, for a total amount of$117.52. The Special Magistrate GRANTED the County's Motion for Imposition of Fines ill the total amount of$117.52. 6. Case #CEPM 20080016535 - BeC vs. Beniamin Centeno The County was represented by Code Enforcement Investigative Supervisor Kitchell Snow. Violations: Ordinance 2004-58, Section 12 Dangerous building Folio No: 73180280007 Violation address: 587 9th Street, Immokalee, FL 34142 The Special Magistrate noted the Respondent's correct name is Benjamin Vega- Centello and will also be corrected on the agenda. The Notice of Hearing, sent first-class and Certified Mail, was returned as un- deliverable. The Notice was posted at the property and the Courthouse on June 8, 2009. Investigator Snow stated he contacted the Respondent's brother to notify him ofthe Hearing. He further stated the violations were abated by the County. The County requested imposition of Operational Costs in the sum of$117.96, reinbursement of the County's abatement costs in the sum of$4,057.08, and fines in the amount of$5,500 for the period from April 8, 2009 through April 29, 2009 (22 days @ $250/day), for a total amount of$9,675.04. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $9, 675. 04. 7. Case #CESD 20080010511 - BCC vs. Allan Perdomo The County was represented by Code Enforcement Investigative Supervisor Jeff Letourneau Violations: Collier Co. Land Development Code 2004-41, as amended, Sec(s).1O.02.06(B)(1)(A) Unpermitted storage shed on residential property Folio No: 36123040005 Violation address: 1990 50th 81. SW, Naples 22 June 19,2009 The Notice of Hearing was posted at the property and the Courthouse on June 1, 2009. Supervisor Letourneau stated the violation had not been abated. The County requested imposition of Operational Costs in the sum of$117.87, and fines in the amount of$3,000 for the period from April 21, 2009 through June 19, 2009 (60 days @ $50/day), for a total amount of $3,117.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of$3,117.87, and llOtedfines will continue to accrue. 10. Case #CENA 20080015078 - BCC vs. Matthew Gromnicki The County was represented by Code Enforcement Investigator Jonathan Musse. Violations: Collier County Code of Laws, Chapter 54, Article VI, Sec. 54-181, 54-179 and 54-184 Unauthorized accumulation of litter, and litter declared to be a public nUIsance. Folio No; 24476240001 Violation address: 55 3rd Street, Bonita Shores, FL The Notice of Hearing was sent via Certified Mail delivery and was left on June 10, 2009. The property and the Courthouse were posted on June 1,2009. Investigator Musse stated the violation had been abated. The County requested imposition of Operational Costs in the sum of $117.70, for a total amount of$ll7.70. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $117.70. VII. OLD BUSINESS: (This case was added to the Agenda.) 3. Case #CENA 200800013972 - BCC vs. Bruno Penzo Michele McGonagle, Administrative Secretary, stated when the initial Order was issued, the property was actually owned by 11222 Tamiami, LLC. The new owner was sent the Notice ofNusinance Abatement on October 14,2008 in care of the Registered Agent. The new owner has not been invoiced. The Special Magistrate RESCINDED Order OR 4451 entered on April 17, 2009 23 June 19,2009 VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases identified in the submitted Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the four cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None The Special Magistrate announced that the "Red Light Ordinance" hearings will begin in July. X. NEXT HEARING DATE - Wednesday, July 8,2009 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 of the Special Magistrate at 3:52 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Brenda Garretson, Special Magistrate, The Minutes were approved by the Special Magistrate on as presented , or as amended 24