Spec Master Minutes 10/14/2004
October 14,2004
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE
ENFORCEMENT SPECIAL MASTER
Naples, Florida, October 14,2004
LET IT BE REMEMBERED, that the Collier County Code Enforcement Special
Master in and for the County of Collier, having conducted business herein, met on this
date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex,
East Naples, Florida, with the following members present:
SPECIAL MASTER: Honorable Brenda Garretson
COUNTY STAFF PRESENT: Leonardo Bonanno,
Secretary to the Special Master
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October 14,2004
COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N. Horseshoe Dr. .
Naples. F·Îorìda 341 ()4 .
239-403-2440 . FAX 239-403-2343
Hearing of the Special Master
October 14, 20048:30 A.M.
Hearinq Summary
A. Call to Order by Special Master Brenda Garretson
All those who testified at today's proceedings did so under oath.
B. Collier County Sheriff's Office
BCC vs. Cornelius Jackson - Case No. SO 134903
Officer William Hems appeared on behalf of the Collier County Sheriffs Office
as the Issuing Officer. Defendant Cornelius Jackson, who was also present,
requested this hearing.
Officer Hems testified that on October 7, 2004, while on patrol, he observed two
vehicles illegally parked in the right-of-way in front of residential address 2090
48th Street SW. He stated that he had observed one vehicle parked illegally for
several days prior to October 7, but opted not to issue a citation earlier in hopes
that the vehicle owner would rectify the violation. On October 7, 2004, Officer
Hems issued Citation SO 134903 to the defendant for a violation of Ordinance
80-47 Section 130-66; parking in the right-of-way. He also issued Citation SO
134902 to the second vehicle parked in the right-of-way on this day.
Officer Hems submitted photocopies of both citations as evidence, as well as his
Parking Enforcement Certificate dated February 18, 2004.
Mr. Jackson stated that the roof on his home is currently under repair and is
forced to park his vehicle in a location other than his driveway. He asked Officer
Hems if he witnessed his roof in a phase of construction, and asked if he saw the
Work Permit posted on a tree on the property. Officer Hems stated that he did
not see the posted Work Permit, and he added that there were no construction
vehicles in Mr. Jackson's driveway when he wrote the citation. Officer Hems
stated that there was room in the driveway to accommodate both illegally parked
vehicles.
Mr. Jackson submitted two photos of his vehicle and property as evidence. He
stated that he did not understand the rules governing parking restrictions on
public right-of-way. Officer Hems stated that any land within 30 feet from the
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October 14, 2004
center of the roadway is considered to be the right-of-way. He stated that, in
most cases, any land between the roadway and installed light poles is considered
to be right-of-way.
Special Master Garretson questioned as to the number of people and vehicles that
are at the home regularly. Mr. Jackson stated that three individuals inhabit the
residence with a total of four vehicles.
S.M. Garretson explained that the ordinance is in place to protect the integrity of
the right-of-way and prohibit drainage problems in the area. She stated that Mr.
Jackson is guilty of violating the ordinance, and ordered the following:
The Defendant, Cornelius Jackson, is ordered to pay $30, the original amount of
Citation SO 134903, in addition to operational costs in the amount of $47 for a
totalof$77.
S.M. Garretson questioned as to the possibility of waiving the citation (Citation
SO 134902) issued to the second vehicle, owned by the son of Cornelius
Jackson. Mr. Bonanno stated that Citation SO 134903 is the only citation being
contested today, so it is the only one that should be acted upon. He explained
that Mr. Jackson's son is still within the timeframe required to request a hearing
and must do so if he wishes to have the citation waived. He also stated that
because Officer Hems is the issuing officer of Citation SO 134902, he could opt
to waive the citation at today's hearing. When asked if the compromise was
acceptable in light of the fact that Mr. Jackson was not familiar with the laws
governing right-of-way, Officer Hems stated that he was not willing to waive
Citation SO 134902 at this time. Mr. Bonanno explained that the Special Master
could take today's proceedings into consideration if Mr. Jackson's son requested
a hearing, at which time Officer Hems would be notified and permitted to testify.
C. Hearing Adjourned
All Defendants in today's proceeding will receive a copy of the Special Master's
Orders as recorded in the Official Records of Collier County, Florida.
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The next hearing is scheduled for November 15, 2004.
Respectfully Submitted by
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
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