Spec Master Minutes 02/09/2005
February 9, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, February 9, 2005
LET IT BE REMEMBERED, that the Collier County Special Master
in and for the County of Collier, having conducted business herein, met on
this date at 2:30 PM 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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COLLIER COUNTY C(lOE ENF()RCEMENT
('OMMLJNITY DEVELOPMEN'r AND ENVIRONMENTAL SERVICES DIVISION
2XOO N. Hurseshoe Dr .
Naples, Flurida .14104. 2.19-40],·2440. FAX 239-403·2343
Hearing of the Special Master
February 9, 2005 2:30 PM
HEARING AGENDA
A. Call to Order
i) Special Master Brenda Garretson Presiding
ii) Hearing Procedures
B. Collier County Code Enforcement
BCC vs. Flora Suvirana & Waldo Mendizabal - Case CO 2004090146
BCC vs. Maria Zuluaqa - Case CO 2004090395
BCC VS. Maria Zuluaqa - Case CO 2004090396
BCC VS. Kenneth J. Laniqan - Case CO 2004060817
BCC VS. Amber-Lou Investments - Case CO 2004100765
BCC VS. Randolph Shelton - Case CO 2004090708
BCC VS. Randolph Shelton - Case CO 2004090636
BCC VS. Randolph Shelton - Case CO 2004090716
BCC VS. David & Katherin Burton - Case CO 2004090067
BCC VS. Daniel Chirinos - Case CO 10781
3) Adjourned - Next Hearing Scheduled for February 25, 2005
February 9, 2005
HEARING OF THE SPECIAL MASTER
February 9, 2005 - 2:30 PM
HEARING SUMMARY
A. CALL TO ORDER:
The Hearing was called to order by Special Master Brenda Garretson at 2:30
PM.
All those testifying at today's proceedings did so under oath.
B. HEARINGS:
Collier County Code Enforcement
BCC vs. Amber-Lou Investments - Case CO 2004100765
This hearing was requested by Code Enforcement Investigator Jeff Letoumeau
who was present.
The Defendant, Mark Shapiro, was present.
Numerous code violations were noted after receiving a call from the Sheriffs
Department on October 12,2005 at 1278 Street NE. Investigator Morad reported
a shed was built on the property without proper permits.
The Defendant purchased the property in a distressed sale and stated he is in the
process of ordering a survey be done so proper permitting can be acquired.
Notice of Commencement documents was shown Investigator Letourneau. He
agreed the Defendant has been cleaning the property and will agree to the
condition that the Defendant apply for and obtain either a Demolition permit or
the required "after the fact" permits with a Certificate of Completion within 60
days.
The defendant was found GUILTY of Ordinance 04-41 Sec. 10.02.06B1A and
allowed 60 days to come into compliance. The Defendant was ordered to apply
for and obtain the Demo or "After the Fact" permits with the Certificate of
Completion by April 15, 2005 or a fine of $50 per day would be imposed for
each day the violation remained. Operational Costs of $231.3 9 are to be paid by
April 15, 2005.
BCC vs. Flora Suvirana & Waldo Mendizabal- Case CO 2004090146
This hearing was requested by Code Enforcement Investigator Ed Morad who
was present.
The Defendant was present with an interpreter.
The alleged violation is converting a two garage into two dwelling units. An
evidence packet was submitted. Violation was observed on September 3,2004.
Pictures showed 3 fixture bathrooms, kitchen area and sleeping quarters. Photos
were allowed to be taken by the defendant's daughter along with her signing the
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February 9, 2005
Notice of Violation. There had been no demo or electrical permits obtained, and
having health and safety issues were a concern of the officer. It was the
understanding of Investigator Morad the dwelling units would be restored back to
its original use as a garage, but to date has not been done.
The Defendant stated she understands the situation and what is asked of her. Due
to many personal situations she is having financial difficulties.
The Defendant was found GUILTY of Ordinance 91-102 Sec. 2.7.6.1,2.7.6.5
and Ordinance 2002-01 Sec. 103.11.1 and ordered to comply by obtaining a
Demo permit and a Certificate of Completion by April 15, 2005 (or) pay fines of
$100 per day. Operational Costs of $175.34 were also imposed.
BCC vs. Maria Zulua2a - Case CO 2004090395 & Case CO 2004090396
This hearing was requested by Code Enforcement Investigator Ed Morad who
was present.
The Defendant was present.
The evidence packet was presented by Officer Morad. The aUeged violation was
observed on September 9,2005. First violation - converting screen rooms into
living area without a permit. This is a 4-plex in which the screen has been
removed and covered with different material on 2 of the units. This creates move
living area in which the Defendant has not applied for a permit. It was a concern
this could be a health issue with the septic system. The violation and Ordinance
was discussed and signed by the Defendant on September 30th, 2005.
To date nothing has been converted back to the screen rooms.
Case #2004090396 - Right-of-way in front of 4-pIex is being torn up due to the
tenants driving to the side and/or the rear of the 4-plex. Also showed photographs
of abutting vacant property (48th Street) being used to cross fÌ'om 48th street to
Sunshine. This is damaging the unimproved property. The order is to restore the
property by sodding or seeding and cease to access the property. The parking
area wiU accommodate 8-10 cars in which the tenants are to enter from Sunshine
onto the driveway into the parking area.
The Defendant stated she informed the tenants of the violation and to convert the
living area back to screen rooms. She had a difficult time finding a contractor and
the proper materials.
The Defendant stated she understands the issue with the right-of-way and has told
the tenants not to use the area discussed. She has been told she needs a
commercial permit to put up a fence. She is looking for a general contractor to
perform these duties and needs more time to resolve the issues.
The Defendant was found GUILTY of Ordinance 91-102 Sec. 2.7.6.1,2.7.6.5
and Ordinance 2002-01 Sec. 104.1.1 of the screen enclosure violation and
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February 9, 2005
ordered to remove the material on the enclosure by February 24,2005 or afine
of $50. 00 per day would be imposed.
The Defendant was found GUILTY of Ordinance 91-102 Sec. 2.3.5.4(3) and
1.5.6 - Right-of-Way violation and ordered to install a permittedfence and
obtain the Certificate of Completion by April 15, 2005 (or) pay fines of $50 a
day. Defendant was ordered to install new sod on County ROW by May 15,
2005 or afine of$100 a day would be imposed. Operational Costs of $369. 24
were imposed (total for both cases).
BCC vs. Kenneth J. Lani2an - Case CO 2004060817
This hearing was requested by Code Enforcement Investigator John Olney who
was present.
The Defendant was not present.
Notice of Violation is a lack of a screen enclosure around a swimming pool. This
was brought to Investigator Olney's attention on June 14,2004. Mr. Olney stated
there is a temporary child proof 4 foot screening around the pool. His
recommendation is installation of a permanent screen enclosure with $50 a day
fines unless they can prove a delay not of their doing.
The Lanigan's and their attorney were aware of to day's hearing.
The Defendant wasfound GUILTY of Ordinance 93-66, Sec. 315 and ordered
to install an enclosure and obtain a Certificate of Completion by March 10,
2005 or afine of$50 per day would be imposed. Operational costs of $138. 65
were also imposed.
BCC vs. Randolph Shelton - Case CO 2004090708. 2004090636 &
2004090716
This hearing was requested by Code Enforcement Investigator Shawn Luedtke
who was present.
Mr. Shelton's rental agent, Ruth Straparo, ERA, representing the Defendant was
present. The owner does not live in the State. According to Statute 162 Ms.
Straparo can be served.
Investigator Luedtke stated the first violation was Investigator Scribner observing
rocks and gravel in the County's right-of-way creating a second driveway without
a permit at 2043 Lane SW.
Notice of Violation was issued on September 16, 2004 with a Compliance date of
September 30, 2004. Both investigators have checked the site several times and
found it is still not in compliance.
Case #2004090636 - On September 9,2004, Investigator Scribner observed
fascia board/soffit rotted at 2043 Lane SW. On September 16,2004 Notice of
Violation was served with a compliance date of October 16, 2004. After site has
been checked several times violation stilI exists.
Case #2004090636 - An addition has been added to the back of the dwelling.
Plumbing and electric has been added without obtaining permits. Investigator
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February 9, 2005
Scribner issued the Notice of Violation on September 21,2004 with a compliance
of October 18, 2004. Copies of photographs were shown Special Master Brenda
Garretson. No permits have been obtained to date.
The agent representing the Defendant stated she was told the Defendant
purchased the property 8 years ago and was not aware permits had not been
obtained for the dwelling issues or the driveway until informed by Investigator
Scribner.
The Defendant was found GUILTY of Ordinan ces 2003-37 Sec. 5, Ordinance
91-102 Sec. 2.7.6.1,2.7.6.5 & 2. 7.6.5(a), Ordinance 2002-01 Sec. 104.1.1,
106.1.2 & 106.3.1, Ordinance 89-06 as amended, Sec. 5(12)c.
Case #090708 - Defendant was ordered to remove the gravel and sod the right-
of way by February 24,2005 or afine of $25 per day would be imposed.
Case #090636 - Defendant was ordered to make the soffit/fascia repairs by
March 11, 2005 or a fine of $50 a day would be imposed.
Case #090716 -Defendant was ordered to obtain a Demo or "After the Fact"
permits by March 11, 2005 or afine of $1 00 a day would be imposed.
Operational Costsfor all three cases were imposedfor a total of $305. 01.
BCC vs. David & Katherine Burton - Case CO 2004090067
This hearing was requested by Code Enforcement Investigator Shawn Luedtke
who was present.
The Defendant, Katherine Burton, is present.
Investigator Luedtke stated Investigator Scribner observed the garage access door
at 4426 23rd Place SW had been removed and replaced with plywood. On
September 22,2004 he issued a Notice of Violation giving until October 7,2004
to come into compliance. The site has been checked several times with the
violation noted to date.
Ms. Burton stated her son lives at that address and has been told of the Violation.
She has applied for the permit 3 times and stated her son is going to fix the door.
The Defendant was found GUILTY of Ordinance 89-06 Sec. 5(12) i and
ordered to remove the plywood and install a door by February 24,2005 or afine
of $50 per day would be imposed. Operational costs of$125.36 were also
imposed.
BCC vs. Daniel Chirinos - Case CO 10781
This hearing was requested by the Defendant who is present.
Citation # CO 10781 was issued on December 4, 2004 by Investigator Box who is
present.
The Defendant was confused about the Ordinance and stated he had not received
a warning. He had a violation 2 years ago for an unlicensed vehicle on a property
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February 9,2005
that he manages. After inspecting the property he found the vehicle was properly
licensed. He presented a picture of the vehicle for evidence.
Investigator Box stated on December 14, 2004 he observed a black Hyundai
Sonata parked in the driveway at 4004 Mindy without a license plate. After
checking the records, he found on February 5, 2004 a citation was sent to Mr.
Chirinos and Patricia Sonyai. The NOV was signed on February 13,2004.
Investigator Nadeau had issued the citation #2004020533. On January 10,2005
Investigator Box noticed the vehicle had license plate tag I27BYY expiration
April 2005.
The Defendant was found NOT GUILTY of Ordinance 04-41 Sec. 2.01.08,
Citation CO 10781.
The Next Hearing is scheduled for February 25,2005.
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There being no further business for the good of the County, the Hearing was
adjourned by order of the Special Master at 4:28 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonanno, Secretary to the Special Master
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