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Agenda 09/13/2011 Item # 6C9/13/2011 Item 6.C. Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 • Naples Florida 34112 -5746 • (239) 252 -8383 • FAX: (239) 252 -4010 August 29, 2011 Mr. David Delaney 168 Skipping Stone Lane Naples FL 34119 Re: Public Petition request from David Delaney, requesting a "variance" from the Board of County Commissioners, to keep six adult dogs at his residence at 168 Skipping Stone Lane; thereby exceeding the limit if three adult dogs as permitted in the Land Development Code. Case was heard by the Collier County Special Magistrate on February 4, 2011. Dear Mr. Delaney: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 13, 2011, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. if the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, V, Mike Sheffield Business Operations Manager MJS:mjb cc: Jeffrey Klatzkow, County Attorney Norman Feder, Growth Management Administrator Nick Casalanguida, Growth Management Deputy Administrator Diane Flagg, Code Enforcement Director Marla Ramsey, Public Services Administrator Amanda Townsend, Domestic Animal Services Director Packet Page -18- 9/13/2011 Item 6.C. Request to Speak under Public Petition Please print^n Name: DAy x A- Address: AL& S Y t'C T MT S (ar-o E LA M6, TZ- 24j:�t k�j Phone: C9OME) 7-06 46aLq �66a) �,3(� Z.-� 4(-5 Date of the Board Meeting Vou wish to speak: Tl / 3/ 1 Must circle yes or no: Is this subject matter under litigation at this time? Yes /9) Is this subject matter an ongoing Code Enforcement case? Yes No Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional paste if necessary); Please explain in detail the action you are asking the Commission to take additional page if necessary): CAUsers\Kerly cue Laney \AppQata\LoodflMicrosoft\Windows \Temporary Internet Files \Content.IE51MIV12LTA`Public Petition Request Form - 2008 new form.doc L .Fn J L V J r-J J2C ' „ l Packet Page -19- 0-1001-1 hdD21:3J 011 1 1-1 ©tl V 'J © T TUD , !Dnu 9/13/2011 Item 6.C. Reason for request to speak under Public Petition The reason that I am requesting to speak under public petition is because my wife and I find ourselves the subject of an ongoing code enforcement case. We have more than three dogs, six months or older, at our residential address which is a violation of ordinance 04 -41 section 2.02.03 During the last four years that we have been living at our current address, we have been the victim to someone making anonymous complaints to code enforcement about us. Although we have been reported for many different code violations, all have been false with the investigating officer finding no existing violations. Ironically we have one of the nicest presented houses in the community and always try to be good neighbors. The anonymous report concerning our dogs is clearly of a spiteful and vindictive nature, for the purpose of causing us personal harm and upset. The complainant does not make reference to any personal effect that our dogs have on them, or even any general negative environmental impact on the community. A head count would confirm that we do have six dogs. That said, two of them are tea cup Chihuahua's, and another three are toy breed Chihuahua mix /lap dogs. All of our dogs are female and spayed, licensed, micro - chipped and fully up to date on all vaccinations and have a yearly veterinary check up. We can confirm that there were unusual circumstances that lead us to have six dogs but can guarantee that we will not be acquiring any more dogs. Another major factor with our dogs is that my wife works from home so is nearly always with them during the week. They are indoor dogs and rarely bark unless someone comes to the door. The only reason that code enforcement are now even aware a violation exists is due to yet another anonymous report. However, all of our immediate neighbors have dogs, and have never complained or had reason to complain about our do-0 s. My wife and I are law abiding citizens of good moral character and have absolutely no criminal history. Unfortunately we had no knowledge that an ordinance existed restricting the number of dogs allowed to be kept at a residential address. Even the Collier County Dog License that we have for each of our dogs makes no reference to the number of dogs allowed per residence, not even a reference implying that certain restrictions may apply subject to zoning. We believe in abiding by the law, but equally believe that the County has a duty of care to make those laws readily available to the public, particularly ones that affect basic everyday living. We are by no means alone in our ignorance to this ordinance, or the only people keeping more than three dogs in Collier County, we know of at least one other in our own community not in compliance with this ordinance. None of our friends that we have discussed this matter with have been able to tell us the exact number of dogs that can be kept under this ordinance. Even our attorney was unsure, and following the case with us, code enforcement had to contact the Naples Humane Society as their trained adoption councilors did not seem to be aware of the restrictions either. As the County ordinance currently stands, if we took our little dogs to animal services and replaced them with say three 1201b+ dogs and twelve cats, we would be ok. (� Packet Page -20- tT.•O � �� "J {rGGJLJVG�'O � ^1 0100J h7k:�JI17J :"'^ 'J ©tr - G© tiT00 GO Jfly 9/13/2011 Item 6.C. Action that we are asking from Commission We believe there are many mitigating circumstances with our situation, including the lack of readily available information / public knowledge regarding ordinance 04 -41 section 2.02.03, including the omission of this on the Collier County dog license. Therefore we are asking that the commission makes a variance from the ordinance 04 -41 to enable us to keep our dogs. Packet Page -21- �.�• °�nJ trCC47C7:C7• ^1 C-IOOJ F1V?I1CJ•1nn IJ Ti-•C4 TTtir= C7 G•11Y INSTR 4529014 OR 4654 PG 2461 RECORDED 2/23/2011 12:05 PM PAGES 2 9/13/2011 Item 6.C. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. – CELU- 2010 - 0021285 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. DAVID DELANEY and KERRY DELANEY, Respondents. THIS CAUSE came on for�p9�bIidhearing before the S�ee+ral Magistrate on February 4, 2011, and the Special Magistrate, having,h eard/�nyy under oath, remeived evidence, and heard argument respective to all appropriate matters herC4ig6n issues its Findings o� Facts Conclusions of Law, and Order of the Special Magistrate, as follow' ' ----— 1 3 } 4 F G O A ACE ' ''�� 1. Respondents, David and Delaney, are the ow rs 0�thez/ � b ect property. 2. Respondents were notified rlhe`date of hearing by cerTi dtm l and posting and the Special Magistrate has jurisdiction of this fir. " -,A i 3. Respondents, having been duly nati$e 4 at the hearing. 4. The real property located at 168 Skipping Stone Ln, Naples, Florida, Folio #66262006284, is in violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03, in the following particulars: More than three dogs, six months or older, are being kept on the premises that is used for residential purposes. This is a prohibited use for this zoning district. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED: A. Respondents are found guilty of violation of Collier County Land Development Code 04 -41, as amended, Section 2.02.03. B. Respondents must abate the violation by reducing the number of dogs, six months or older, being Packet Page -22- * ** OR 4654 PG 2462 * ** 9/13/2011 Item 6.C. kept on the premises to three or less on or before February 4, 2012 or a fine of $10.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail to comply with this Order, the Collier County Code Enforcement Department may abate the violations. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $112.12 on or before March 4, 2011. E. Respondents shall notify the Code Enforcement Investigator, Jonathan Musse, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this -T Y IN County, Florida. r (JA r _ zta�e o, c L:K1lb1� _ tk ounty of COLLIER rr� /'d s HERE?Y CERTIFY; THAT•thrsis r` :orrect cony ats dv_cument ca tm1s In 3oard minutes and ROWTOs of -C69W floQf , N +TN£SS rnv.nano aw'dMcAl soil tflis A,� ' Cay of'"n -1 ti s f ND CLERIE b � a9Ei%'M °•.�?��',� i~ t 4 JWiGFiT E. $R4G-�E, Joe 2011 at Naples, Collier CODE ENFORCEMENT PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #(239) 252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the CIerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondents — David and Kerry Delaney Collier Co. Code Enforcement Dept. Packet Page -23- 9/13/2011 Item 6.C. Report Title: Code Case Details te: 8/29/2011 11:19:37 AM Case Number: CELU20100021285 Case Number: CELU20100021285 Status: Open Case Type: Land Use Date & Time Entered: 11/23/2010 2:20:09 PM Priority: Normal Entered By: KimberlyBrandes Inspector: JonathanMusse Case Disposition: Hearing Jurisdiction: Collier County Code Enforcement Origin: Anonymous Complaint Detail Description: HAVE MULTIPLE DOGS ON PROPERTY 6 OR MORE HOWEVER THEY ARE WALKED AT DIFFERENT TIMES AND SOME LOOK THE SAME... TO MAKE IT APPEAR AS THOUGH THEY DON'T HAVE TOO MANY. Location Comments: 1168 SKIPPING STONE LN (PEBBLE BROOK) Address 168 Skipping Stone LN Naples, FL Property 66262006284 Payor Delaney, David & Kerry Property Owner Delaney, David & Kerry Business Management & Budget Office Packet Page -24- 1 Code Case Details 9/13/2011 Item 6.C. Execution Date 8/29/2011 11:19:37 AM Desc Assigned Required Completed Outcome Comments Initial Inspection JosephMucha 11/23/2010 11/24/2010 Violation(s) 11/24 1 made a site visit to the property and Found attempted to reach someone inside the residence. When I rang the doorbell, I heard multiple dogs inside the residence. Business card left. When I returned to the office, I received a phone call from owner Kerry Delaney (206- 4949). 1 advised her of the complaint received. She admits that she currently has six dogs, and that she rescues dogs from the Humane Society. I advised her of what the zoning allows for a residential area. She is going to start looking into her options and I will touch base with her next week. Generate Notice of Violation JosephMucha 11/29/2010 11/2912010 Complete Record Violations JosephMucha 11/29/2010 11/2912010 Complete Attach Picture(s) JosephMucha 11/29/2010 11/29/2010 Not Required CE Staff Review JosephMucha 11/30/2010 1.1/30/2010 Complete 11/29 1 made a site visit to the property and met with owner Kerry Delaney. I gave her a copy of the NOV. She stated that her husband wanted to meet with me to discuss violation. 11/30 1 was contacted by owner David Delaney (253 -4566) and we scheduled a meeting. Mr. Delaney came in, and 1 had my supervisor Jeff Letourneau present for the meeting. Mr. Delaney explained to us the circumstances for his family recently adopting two more dogs, the conditions of his residence, and the support that he has from several neighbors in regards to the dogs not being a nuisance. We explained to Mr. Delaney that no matter what the circumstances are, we have no choice once we receive a complaint to follow the code. We explained what the next step would be in the process if compliance is not met, and what the possible consequences could be. Mr. Delaney states that they will not be removing any of the dogs, and that he is prepared to go forward with a hearing. Mr. Delaney signed copy of the NOV. CE Staff Review rajahindira 11130/2010 11/30/2010 Complete Scanned and attached signed NOV to case - ir Re- Inspection JonathanMuss 1/4/2011 1/5/2011 Requires 1 -5 -11 - Called Mr. Delaney - he informed me e Hearing that he currently still has 6 dogs on his property - and he informed me that he does not plan on finding a new home for 3 of the 6 dogs - I informed him that I have no choice but to submit this case to appear before the special magistrate - OSM packet completed and turned into Sup Letourneau for review Business Management & Budget Office 2 Packet Page -25- Code Case Details 9/13/2011 Item 6.C. Execution Date 8/29/2011 11:19:37 AM Desc Assigned Required Completed Outcome Comments Assign Hearing Type JonathanMuss 1/5/2011 1/5/2011 Special More than three dogs, six months or older, are e Magistrate being kept on the premises that is being used Hearing for residential purposes. This is a prohibited Enter Initial Case Information KimberlyBran 1/5/2011 11123/2010 Complete use for this zoning district. des CE Supervisor Review (SM) Ietourneau_j 1/7/2011 1/7/2011 Complete CE Legal Review jenniferwaldro 1/1412011 1/20/2011 Schedule Please schedule for OSM. JW44 n for SM /CEB CE Legal Review jenniferwaldro 1/14/2011 1/13/2011 Rejected Returned packet to Jon for requried changes. n JW44 CE Staff Review JonathanMuss 1/14/2011 1/14/2011 Complete Please make required changes to packet and e re- submit. JW44 1 -14 -11 - Corrections made to OSM packet and returned back to Sup Waldron for review Generate Hearing Notice (CE) KerryAdams 1/20/2011 1120/2011 Complete 1 -21 -11 NOH sent regular mail, evidence packet sent certified -ka Schedule Case for Hearing KerryAdams 1/21/2011 1120/2011 Complete Case scheduled for OSM on 2- 4 -11 -ka Pre Hearing Inspection JonathanMuss 2/2/2011 2/2/2011 Complete 2 -2 -11 - was not able to verify is violation still e remains - attempted to call property - no answer - left message -inspection JonathanMuss 2/4/2011 2/4/2011 Non- 2 -4 -11 - case was heard before the special e Compliant magistrate - respondant was found guilty and has 365 days to find homes for three of the six dogs or a fine of $10.00 per day will be imposed until violation abated - will continue to monitor Record Hearing Results jenniferwaldro 2/812011 2,19/2011 Complete Respondent ordered to reduce the number of n dogs six months or older being kept on premises to three or less by 2/4/12 or $10 /day and pay operational cost of $112.12 within 30 days. JW44 Generate Hearing Results Notice jennlferb'aker 3/11!2011 3/11/2011 Complete Scanned order into G -Drive and Cityview. OR (CE) Book 4654/PG 2461. Respondent ordered to reduce the number of dogs six months or older being kept on premises to three or less by 2/4/12 or $10 /day and pay operational cost of $112.12 within 30 days. JW44 Re- Inspection JonathanMuss 9/5/2011 Pending e Post Hearing Re- Inspection JonathanMuss 2/6/2012 Pending e Violation Description Status Entered Corrected Amount Comments Prohibited Use NOV Issued 11/24/2010 $0 More than three dogs, six months or older, are being kept on the premises that is being used for residential purposes. This is a prohibited use for this zoning district. Business Management & Budget Office 3 Packet Page -26- Code Case Details 9/13/2011 Item 6.C. Execution Date 8/29/2011 11:19:37 AM Title Reason Result Compliance Fine /Day Condition Special Magistrate Hearing on 2/4/11 Code Review Guilty 2/4/2012 $10 Operational Costs -ka Scanned order into G -Drive and Cityview. OR Book 4654/PG 2461. Respondent ordered to reduce the number of dogs six months or older being kept on premises to three or less by 2/4/12 or $10 /day and pay operational cost of $112.12 within 30 days. JW44 Business Management & Budget Office 4 Packet Page -27- COLLIER COUNTY Board of County Commissioners Item Number: 6.C. 9/13/2011 Item 6.C. Item Summary: Public Petition request from David Delaney, requesting a "variance" from the Board of County Commissioners, to keep six adult dogs at his residence at 168 Skipping Stone Lane; thereby exceeding the limit of three adult dogs as permitted in the Land Development Code. Case was heard by the Collier County Special Magistrate on February 4, 2011. Meeting Date: 9/13/2011 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 8/30/2011 9:00:03 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 8/30/2011 9:00:04 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 8/30/2011 2:02:46 PM Packet Page -28-