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Spec Master Minutes 11/15/2004 November 15, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Naples, Florida, November 15, 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 .".-----...- November 15,2004 COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N. Horseshoc Dr _ Napks. Florida .14104 _ 239-403-2440 _ F/\X 239-403-2343 November 15, 2004 8:30 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. HEARINGS BCC vs. Leovy Espinal- Case SO 132625 Though the defendant requested this hearing, neither the Defendant nor the Issuing Officer, Wilfred Klinkmann, appeared. This case was continued to December 3,2004. BCC vs. Jesse Siongco - Case SO 109953 This hearing was requested by the Defendant, who did not appear. Cpl. Scott Russell, Issuing Officer, testified that on September 7, 2004 at 10:01 p.m. he issued citation number SO 109953 to a vehicle (V34TKC) whose tires were encroaching into a handicapped parking space located at 975 Imperial Golf Course Blvd. The Defendant was found GUILTY of the violations cited and ordered to pay $250 for the citation in addition to $34.46 in hearing fees for a total of $284.46 on or before December 15, 2004. BCC vs. Edgar Moorehead - Case SO 115551 The Defendant, who was present, requested this hearing. The Issuing Officer, Lawrence Keller, was not present. Citation SO 115551 III the amount of $250 for a handicap parking violation was DISMISSED. BCC vs. Rachel Griffiths - Case SO 116555 This hearing was requested by the Defendant, who was not present, but did submit written testimony. The Issuing Officer, Christopher Knott, was not present. In Ms. Griffiths' written testimony, she admitted to parking in a handicap parking space. Therefore, she was found GUlL TY and ordered to pay $250 for the citation in addition to $35.91 in hearing fees on or before December 15,2004. Page 1 .......m..___ November 15, 2004 BCC vs. Robert Szanto - Case SO 133713 This hearing was requested by the Defendant. The Defendant and Issuing Officer, Donald Lothrop, were both present Officer Lothrop testified that on September 17,2004 at 9:17 a.m., he observed a vehicle (332- DJV) occupying a handicap parking space without a valid permit being displayed. Officer Lothrop stated that on a subsequent visit to the location of the violation, he discovered that the space was not properly marked. The striping and handicap logo were faded and/or not visible, though a sign was present. Officer Lothrop stated that the relevant establishment must properly maintain the space. Officer Lothrop stated that he issued the citation while the vehicle was parked in the space, and therefore could not see its condition. Mr. Szanto testified that he did not see any markings on the pavement indicating the space was one requiring a handicap-parking permit, though Ms. Szanto did state that she saw the SIgn. After consideration of the testimony of both parties, Citation SO 133713 was DlSMlSSED. BCC vs. Charles Aylsworth - Case CO 1895 This hearing was requested by the Defendant. The Defendant and the Code Enforcement Investigator, Heinz Box, were present. Mr. Box stated that on the evening of September 22, 2004, he was dispatched to 2853 Poinciana Drive, Naples to investigate a commercial vehicle parked in the right-of-way at that location. When he arrived, he witnessed a large white trailer parked in the county's right-of-way. For records, Mr. Box notated the tag number of the towing vehicle (truck) UBX7X. A Code Enforcement Customer Service Representative advised Mr. Box that this violator was served on two previous occasions for the same offense. Mr. Box proceeded to issue Citation CO 1895 for the violation of section 2.6.7.3 of Ordinance 91-102 to Mr. Charles Aylsworth in the amount of $405. Mr. Box submitted various photos and Code Enforcement Records into evidence. Mr. Aylsworth stated that he parked his trailer at that location because his previous trailer was stolen. The Defendant was found GUlL TY and ordered to pay the citation in the amount of $405 plus an additional $111.08 in hearing and operational costs for a total of$516.08. Payment is due on or before December 1, 2004. BCC vs. Naples Crystal Ball Room - Case CO 2004100411 Code Enforcement Investigator Jean Nadeau requested this hearing. The Defendant, Larry Saunders, was also present. Ms. Nadeau testified that the Code Enforcement Department had received several complaints regarding the Naples Crystal Room located at 4000 Bayshore Drive, Unit D. Upon arriving at the property, Ms. Nadeau spoke with Mr. Larry Saunders, Owner. He stated that the building is used for hip-hop dances on Saturday nights. Ms. Nadeau asked if Mr. Saunders Page 2 November 15, 2004 had current occupational and entertainment licenses. Mr. Saunders replied that he was "waiting for his LLC." On October 11, 2004, Ms. Nadeau's research revealed that Mr. Saunders did not possess valid occupational and entertainment licenses. Ms. Nadeau proceeded to issue a Notice of Violation (NOV) for Ordinance 81-42 sections 1 and 24(1) with a compliance date of no later than October 17, 2004. As of today, November 15, 2004, Ms. Nadeau testified that Mr. Saunders still does not have the required license. Mr. Saunders testified that he has applied for his occupational license and provided his receipt as evidence. However, it has not been issued yet. Mr. Saunders confirmed that he does not have any license at this time, and claimed to have ceased operation as of Sunday, November 14, 2004. The Defendant was found GUlL TY ofthe violations cited by Ms. Nadeau and ordered to pay operational costs in the amount of $154.08. The Defendant is also ordered to cease any and all operations with regards to public interaction and financial transactions until such time as he has obtained the required occupational license. The Defendant will be charged $150 per day for each day it is discovered that the Naples Crystal Ballroom has been operating in this manner. It is the Defendant's responsibility to notify the lnvestigator when the proper licensees) are obtained. BCC vs. Le Rendez-Vous Restaurant - Case CO 2004100408 This hearing was requested by Code Enforcement Investigator Jean Nadeau. The Defendant, Owner Esperandeu Civil, was also present. Ms. Nadeau testified that on October 8, 2004, she entered the property located at 2727 Bayshore Drive Unit 108. The Code Enforcement Department received complaints of loud music coming from this location. Ms. Nadeau observed 3 licenses posted in the facility under the name of the previous owner, Josue Alusma. She also observed alcoholic beverages in the facility, though no current licenses were found. On October 11, 2004 research revealed that the previous owner had canceled the 3 licenses on August 2,2004. Ms. Nadeau issued a NOV on October 11, 2004 for a violation of Ordinance 81-42 (no occupational license) with a compliance date of no later than October 17, 2004. After a granted extension, Ms. Nadeau performed a site visit on October 25, 2004 and observed advertisement for live entertainment. She issued a NOV for a violation of Ordinance 81-42 sec. 1 and 24(1), no occupational or entertainment licenses. She issued a compliance date of October 26, 2004. Cpl. Nelson, Collier County Sheriffs Office, testified that on October 29, 2004, he observed live entertainment at the location. Ms. Nadeau stated that as of today, November 15, 2004 the owner still does not have the required licenses. Mr. Civil testified that he was aware of the fact that the facility had licenses that were not in his name. After speaking with Ms. Nadeau, Mr. Civil attempted to obtain the required licenses, but was told to contact the Health Department and Fire Department to bring the building up to code. As of today, he claims to be in compliance with regards to the Fire Page 3 " "---"--"- November 15,2004 Department's requirements. He has been unable to contact the Health Department until recently, and has scheduled a meeting. The Defendant was found GUlLTY of the violations cited by Ms. Nadeau and ordered to pay operational costs in the amount of$154.08. The Defendant is also ordered to cease any and all operations with regards to public interaction and entertainment, and financial transactions until such time as he has obtained the required occupational license. The Defendant will be charged $150 per day for each day it is discovered that the restaurant has been operating in this manner. It is the Defendant's responsibility to notify the lnvestigator when the proper licensees) are obtained. BCC vs. Michael & Judith Austin - Cases CO 2004060649 & CO 2004060620 This hearing was requested by Carol Sykora, Code Enforcement Investigator. The lnvestigator and the Defendant were present. Ms. Sykora stated the complaint is that litter including but not limited large amounts of concrete with re-bar, PVC pipe, metal, and landscaping debris. The complaint was initially made on June 17, 2004. Ms. Sykora entered photos of the violation into evidence. A NOV was issued on June 18, 2004 with a compliance date of July 12, 2004. Extensive progress was made until August 19, 2004, when progress stopped. Ms. Sykora extended the compliance date in consideration for the progress, but after August 19, she found no further efforts to clean up the site and requested a hearing before the Special Master. Mr. Austin testified that approximately 90% of the concrete has been removed. He stated that the majority of the items remaining are trees. He stated that he has been unable to hire a contractor to grind/remove the trees because many of the contractors are out of the area. He submitted a letter into evidence from Dave Foote Environmental Construction, Inc. stating that Mr. Austin has inquired about tree removal services, though they are unable to accommodate him due "extensive hurricane cleanup." He stated that Mr. Foote might be able to provide his services by the end of the year. Mr. Austin submitted several photos into evidence. The Defendant was found GUlL TY of the violations cited by Ms. Sykora and ordered to pay operational costs in the amount of $240.13. All litter D1ust be removed, except the trees and plants, no later than November 22, 2004 or a fine of $100 per day will be imposed for every day the violation exists thereafter. The trees and plants must be removed no later than December 31, 2004 or a fine of $100 per day will be imposed for every day the violation exists thereafter. BCC vs. Stephen & Anita Anthony - Case CO 2004070200 This hearing was requested by Carol Sykora, Code Enforcement lnvestigator. The Defendants was not present. Ms. Sykora testified that an anonymous complaint on July 6, 2004 dispatched her to 2280 Della Drive. There, she observed several unlicensed and/or inoperable vehicles. Ms. Anthony signed the NOV issued, which cited a violation of Ordinance 91-102 sections 1.5.6, Page 4 ..~..- , November 15,2004 2.1.15 and 2.2.2.2.1. Ms. Sykora stated that the status of the violation was unchanged until she delivered the Notice of Hearing to appear before the Special Master. Of the 7 cars originally in violation, there are currently two remaining. The Defendant was found GUILTY of the violations cited by Ms. Sykora and ordered to pay operational costs in the amount of$158.07. Additionally, the violations must be abated on or before November 21, 2004 or a fine of $50 per day will be imposed for each day the violation continues thereafter. BCC vs. Kelly Bremer - Case CO 1507 This hearing was requested by Mr. Robert Bremer, Jr. The Defendant and the Code Enforcement lnvestigator, Christopher Ambach, were present. Mr. Ambach stated that on October 22, 2004 at 5:15 p.m. he issued Citation No. 1507 to Kelly Bremer for a violation of Ordinance 91-102 sections 2.6.7.1.1 and 2.6.7.3.1. The violation was originally observed on October 11, 2004 and consisted of a large black commercial trailer. A toilet, bicycles, and a wheelchair were placed on the trailer, which was also posted with a FOR SALE sign. Mr. Bremer testified that the trailer is currently "engaged in a construction or service operation on the site where it is parked." ln a letter he provided dated October 23, 2004, he sited open permit 2003111488. He states that the "trailer is being used for the above mentioned work/permits." Mr. Bremer believes that he is in compliance with section 2.6.7.3.1, according to his letter. Mr. Ambach stated that he hasn't seen any activity to indicate the trailer is still in use with regards to the construction. He noted the FOR SALE sign located on it. Mr. Bremer stated that he could provide dump receipts proving that he has used the trailer for construction purposes in recent weeks. He stated he did not have them at the hearing. The Defendant was ordered to provide evidence demonstrating his usage of the trailer by providing dump receipts to Mr. Ambach in the Collier County Code Enforcement Department no later than 5:00 p.m. on November 16, 2004. This case will be continued on December 3, 2004 after the issuing officer has had sufficient time to review this new material. BCC vs. Earnest Knowles - Case CO 2004051378 This hearing was requested by Code Enforcement Investigator John Olney. The Defendant was also present. Mr. Olney stated that in April of 2004, he observed litter as well as several vehicles on the property that were unlicensed and/or inoperable. Mr. Knowles was issued and signed a Notice of Violation on May 26, 2004 citing violations of Ordinance 91-102 as amended, section 1.5.6, and Ordinance 99-51, sections 6 though 8. Mr. Olney stated that progress has been made on the property, though there is currently a boat, several unlicensed vehicles, and a mobile home still on the property. Page 5 -_.... November 15, 2004 Mr. Knowles stated that due to personal circumstances, he has been unable to comply as of yet, but he will make sure the violations are abated. The Defendant was found GUILTY of the violations cited by Mr. Olney and ordered to abate all violations or before December 2, 2004 or a fine of $50 per day will be imposed for each day the violation continues thereafter. The Investigator will re-appear before the Special Master at the December 3,2004 hearing to report as to the status of Mr. Knowles violations. 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. ***** The next hearing is scheduled for December 3, 2004. Respectfully Submitted Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Page 6