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Spec Master Minutes 12/03/2004 December 3,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Naples, Florida, December 3, 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 December 3,2004 - COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N. Horseshoe Dr . Naples. ¡'lorida 34104 . 23')·403·2440 . FAX 2]9·403·2343 Hearing of the Special Master December 3, 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. HEARINGS BCC vs. Leovy Espinal- Case SO 132625 This case was settled prior to this hearing. BCC vs. Renee Damphier - Case SO 134810 This hearing was requested by the Defendant. Issuing Officer William Hems testified that on September 17, 2004 at 7:40 a.m. he issued citation number SO 134810 to a vehicle parked in a handicap space in the Kash N Karry parking lot without the required permit. Ms. Damphier stated that on the day in question, she parked in the handicap space because she was late for work and only needed to go into the store for a few minutes. The Defendant was found GUILTY of the violation cited and ordered to pay $250 for the citation in addition to $35.31 in hearing fees for a total of $285.31 on or before January 7, 2004. BCC vs. Mark Block - Case SO 134659 This hearing was requested by the Defendant. Issuing Officer Laura Garza testified that on October 21, 2004 at 2:40 p.m., she issued citation SO 134659 to a green Jeep Cherokee for not displaying the required launch permit or receipt on the vehicle or it's accompanying trailer. Mr. Block presented several photos of the vehicle and trailer in question. Mr. Block pointed out a permit located on the trailer hitched to his Jeep. Officer Garza stated that the permit was not easily visible on the day in question, or in the photos Mr. Block presented. However, due to the fact that he did have the required permit, she was willing to waive citation SO 134659. Special Master Garretson agreed that the photos showed the permit to be in a conspicuous location on the trailer. Citation SO 134659 in the amount of $30 for a launch permit violation was DISMISSED. Page 1 I December 3, 2004 BCC vs. Emanuel Borg - Case SO 134371 This hearing was requested by the Defendant. Deputy Zucker, the Issuing Officer, did not appear . Citation SO 134371 in the amount of$30 for (fire lane) parking violation was DISMISSED. BCC vs. Michael Ryon - Case CO 2004081106 This hearing was requested by John Olney, Code Enforcement Investigator. The Defendant was not present. Mr. Olney stated that the property at 1005 Pine Isle Lane is currently being rented without being registered with the Collier County Code Enforcement Department. Mr. Olney stated that on August 24, 2004, he mailed a Notice of Violation and Rental Registration form to the property owner, Michael D. Ryon. Mr. Olney stated that the return receipt for the mailing was signed for on or about August 30th 2004. By October 1,2004, Mr. Olney discovered that the property was still not registered. Mr. Olney left his business card, requesting that Mr. Ryon call him. Mr. Ryon called on October 6, 2004 stating that he was unaware of the registration requirement and requested additional forms bemailed.Mr. Olney stated that as of the date of this hearing, the property owned by Mr. Ryon is still not registered. The Defendant was found GUILTY of the violation(s) cited and ordered to pay $169.78 for the operational costs incurred during the prosecution of this case. The Defendant was also ordered to abate the violation by properly registering the rental property by December 18, 2004 or a fine of $30 per day will be imposed for each day the violation continues thereafter. BCC vs. Luciano & Renee DeAndrade - Case CO 2004070342 This hearing was requested by John Olney, Code Enforcement Investigator. The Defendant was also present. Mr. Olney stated that this case involves two violations; the interior remodeling of a condominium without the required permits and the addition of a door in the linai area. Mr. Olney stated that he first observed the violation on July 9, 2004. He posted a Stop Work Order. On July 12, 2004, Mr. Olney met with Mr. and Mrs. DeAndrade and explained the violation. The DeAndrades agreed to go through the necessary processes to obtain the required permits. Mr.Olney's continued investigation revealed that the Defendants obtained the services of a contractor, Chris Neil, to perform the work and obtain the permits required. In conversation with the Defendant, Mr. Olney has come to the conclusion that the delay in getting the permits has been caused by Mr. Neil. He stated that the Defendants are willing to rectify the matter as soon as possible. Mr. Andrade and his accompanying father-in-law, Mr. Nuewell, had no objection to Mr. Olney's recommendation of allotting a 15-day period to obtain the required permits. The Defendants were found GUILTY of the violations cited and ordered to pay $203.82 for operational costs incurred in the prosecution of this case. The Defendants were also ordered Page 2 December 3, 2004 to abate the violation(s) by applying for the required permits on or before December 19,2004 or a fine of $50 per day will be imposed for each day the violation continues thereafter. BCC vs. Naples Crystal Ball Room - Case CO 2004100411 Code Enforcement Investigator Jean Nadeau requested this hearing. This case was initially heard on November 15, 2004. On that date, the Defendant was ordered to cease all interactions with the public until the required licenses were obtained for the facility. This hearing was requested because of the alleged violation of the Special Master's order issued on November 15,2004 and to impose the costs assigned therein. Ms. Nadeau testified that she visited that site on November 17, 2004 after discovering that there were still no occupations licenses issued. Ms. Nadeau stated that she observed a poster hanging in the window of the Naples Crystal Ballroom advertising for the Southwest Florida Swing Club. Ms. Nadeau presented a photo of the poster as evidence. She noted that the photo also contained an OPEN sign located in the window. Ms. Nadeau stated that at that time, she observed individuals in the building, and also entering the building. When Ms. Nadeau informed Mr. Saunders that he was in violation of the Special Master's Order, Mr. Saunders stated that he believed the Order stated that he could not collect money fTom the public. Ms. Nadeau informed him that he was incorrect, and stated that no one should be in the building at all. When Mr. Saunders asked how to rectify the situation, Ms. Nadeau told him to have everyone leave the property and obtain the required licenses before the Ballroom re-opened for business. On November 22,2004, Ms. Nadeau visited the site once more and observed lights on in the building. Mr. Saunders approached her vehicle and Ms. Nadeau asked about the activity in the building. Mr. Saunders stated that the Planning and Zoning Departments were delaying the issuance of his licenses. Ms. Nadeau stated that Mr. Saunders asked "Who's palm do I have to grease to get my license?" During conversation, he also allegedly asked Ms. Nadeau how much it would take for her to "look the other way tonight." Ms. Nadeau stated that she returned to the Code Enforcement Department and immediately notified her supervisor, Janet Powers, Operations Manager, of the situation. Mr. Saunders stated that the County is responsible for delaying the issuance of his licenses. He stated that the Special Master's previous order stated that he could not collect money fTom patrons. It did not stated that he could not be open at all. He stated that on the days in question, he did not collect money from the individuals. He stated that someone else in his building displayed the OPEN sign in the window. Special Master Garretson cited the minutes of the previous hearing, stating the "the Defendant is ordered to cease any and all operations with regards to public interaction and financial transactions..." Special Master Garretson stated that she interprets that to mean "not being open to the public." Mr. Saunders stated that he did not hear the entire order. He agreed that, having reheard the order, he was ordered not to open to the public at all. The Defendant was found guilty of violating the Special Master's Order of November 15, 2004. He was ordered to pay $210.20 in operational costs for both hearings and $150 in fines for a total of $360.20. The Defendant was ordered to pay $210.20 before the end of Page 3 r December 3, 2004 business on the day ofthis hearing. Special Master Garretson stated that Mr. Saunders would only be charged with regards to violating the Order one time in light of his confusion and fTustration with regards to his licenses. The Defendant was ordered to pay the $150 in fines no later than December 15, 2004. Special Master Garretson questioned as to whether or not Mr. Saunders now understood all of the Orders. He replied yes. Mr. Saunders also apologized for the comments he made to Ms. Nadeau regarding the instances of alleged bribery. He stated that he was "only joking." Ms. Nadeau accepted Mr. Saunders apology. BCC vs. Joseph Harrington - Case CO 2004091215 This hearing was requested by John Olney, Code Enforcement Investigator. The Defendant was also present. Mr. Olney stated that the violation in question exists at the end of Catalina Court, in the cul- de-sac, within the community of Colony Pines. Mr. Harrington is the developer of said community. The violation consists of a brown van, and a Buick that are inoperable/unlicensed on the property (owned by Mr. Harrington). There is also a pickup truck with cargo parked in an area not designated for commercial parking. The violations were first observed on September 29, 2004. As of the date ofthis hearing, the violations still exist. Mr. Olney stated that his continuing investigation revealed that Mr. Harrington is in the process of licensing the two unlicensed vehicles for the purpose of donating them. He also stated that Mr. Harrington agreed to remove the cargo from the pickup truck, thereby removing its status of a "commercial vehicle." Mr. Harrington confirmed that he was in the process of registering the two unlicensed vehicles. Mr. Harrington provided the Certificates of Title for the two vehicles. The Defendant was found GUILTY of the violation(s) cited and ordered to pay operational costs in the amount of $118.30. The Defendant is also ordered to abate all violations by December 11, 2004 or a fine of $50 per day will be imposed for each day the violation continues thereafter. BCC vs. Robert & Kelly Bremer - Case CO 1507 Code Enforcement Investigator Christopher Ambach requested this hearing. This case was initially heard on November 15, 2004. On that date, the Defendant Robert Bremer was ordered to provide dump receipts to Officer Ambach by 5:00 p.m. on November 15, 2004 proving that his use of a construction trailer located on his property was being used for construction purposes. Mr. Ambach stated that Mr. Bremer did provide dump receipts. However, the receipts provided were dated fTom November 2003 through March 2004. According to Mr. Ambach, these receipts did not prove Mr. Bremer's usage ofthe trailer subsequent to March 2004. Mr. Bremer testified that he lost several documents while moving. He also stated that the trailer has been sold and is no longer on the property. Ms. Bremer also testified that the Page 4 December 3, 2004 trailer had been sold. Special Master Garretson questioned as the length of time the FOR SALE sign was posted on the trailer. Mr. And Ms. Bremer's testimony was inconsistent with regards to this issue. Mr. Bremer then submitted a Certificate of Occupancy dated November 22, 2004 for the address he claimed to be under construction. Though the inconsistency in the Defendants' testimonies was noted, the Special Master ordered that citation CO 1507 in the amount of $105 be DISMISSED due to the issuance of the Certificate of Occupancy being issued on November 2004. BCC vs. Earnest Knowles - Case CO 2004051378 Code Enforcement Investigator John Olney appeared today pursuant to the Special Master's Order of November 15,2004 to provide an update as to the status of this case. Mr. Olney stated that all violations have been abated by Mr. Knowles within the timeframe set by the Special Master's Order. Therefore, no fines have been imposed against the Defendant. The Defendant is only ordered to pay $213.78 for the operational costs incurred during the prosecution of this case. 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 22, 2004. Respectfully Submitted Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Page 5 ··'r----