Spec Master Minutes 04/01/2005
April 1, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, April 1, 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 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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COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONl'vlENTAL SERVICES DIVISION
281111 N 1 Jorse,hoc Dr. .
Naples, Ilorida 341114. 23')-4113-2440. 1'1\:\ 23')-4113-n43
Hearing of the Special Master
April 1 , 2005 8:45 AM
HEARING AGENDA
A. Call to Order
i) Special Master Brenda Garretson Presiding
ii) Hearing Procedures
B. Collier County Code Enforcement
BCC VS. Juan Garcia & Flora Varela - Case CO 2004090386
BCC VS. Daniel Ryan - Case CO 2004120585
BCC VS. Donald Roberts. Jr. - Case CO 2005010855
BCC VS, Fravelo. Inc. (Loredana Zambon. Req. Aqent) -Case CO 2005020147
BCC VS. Cynthia Jean GUY - Case CO 2004090245
BCC VS. Clyde C. Quinby. 111- Case CO 2004060331
BCC VS. Charles & Donna Aylsworth - Case CO 2005020630
BCC VS. Claude & Marie Dieuiuste - Case CO 2005010231
BCC VS. Lazardo & Madalid Martinez - Case CO 2004120841
BCC VS. Jon Pratt - Case CO 2004120871
BCC VS. De Leon Residences International. LLLP - Case CO 2004090214
BCC vs. Anthony Cesa/Joseph Beverly/Anthony Frato - Case CO 2005010252
BCC vs. Miquel & Daima Fernandez - Case CO 2004040835
BCC VS. Amerada Hess Corp.. Vincent Lennon - Case CO 2003030309
BCC VS. Daniel & Ladonna Greenlinq - Case CO 2004090955
C. CONTESTED CITATIONS
BCC VS. Tyreece Clark - Case SO 132701
BCC VS. Gulfcoast Deli Provisions - Case SO 142740
BCC VS. Christoffer May - Case SO 107556
BCC VS. Delia Chacin - Case SO 136617
BCC VS. Nicole Naqpal-D'Ambrosia - Case SO 139201
BCC VS. Stewart Jacobson - Case SO 145656
BCC VS, Alan West - Case SO 140593
BCC VS. Mario Bosone- Case SO 140522
Adjourned - Next Hearing Scheduled for April 15, 2005
April 1, 2005
HEARING OF THE SPECIAL MASTER
APRIL 1,2005
Hearing Summary
A. Call To Order:
The hearing was called to order by Special Master Brenda Garretson at
8:49 AM.
All those testifying at the proceedings did so under oath.
B. HEARINGS:
Collier County Code Enforcement
BCC vs. Juan Garcia & Flora Varela - Case CO 2004090386
This hearing was requested by John Santafemia, Code Enforcement Investigator who was
present.
The Defendant was also present. (Translator Cal Montenegro)
Complaint was received on a garage being converted into a bedroom. (2004) On site
inspections were done. A meeting had been scheduled with Wanda Warren for
information on complying with permits. Have applied for permit on March 22, 2005,
under review by County but not issued. They continue to comply.
The Defendant stated (through the translator) there was a lack of knowledge of Collier
County's rules and regulations with a language barrier. He admitted his mistake of not
taking care of obtaining the permits. He wants it reverted back to a garage.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-42 sec. 10.02.06(B) (1) (a) & (B) (1) (d) (i). He was ordered to
obtain permits, inspections and Certificate of Occupancy by June 1,2005 or afine of
$50 a day will be imposed for each day the violation remains. Operational Costs of
$135.88 are to be paid.
BCC Daniel Rvan - CO 2004120585
This hearing was requested by John Santafemia, Code Enforcement Investigator who was
present.
Cal Montenegro was present for the Defendant Daniel Ryan who was not present.
Mr. Ryan was the owner of Florida Inversiones.
Mr. Ryan is the owner according to the County Tax rolls to date. Notice was sent
Certified Mail with return receipt requested. Property was not in compliance on
December 15,2004. Investigator Santafemia stated as of March 17,2005 they are now in
compliance.
Finding the Notice of Hearing was properly served, the Defendant was found in
GUlL TY of Ordinance 2004-58 sec 7. The Defendant was found to have come into
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April 1, 2005
compliance subsequent to receiving a notice of this hearing as of March 17, 2005.
Accordingly, only Operational Costs of $124. 18 were imposed and due to be paid by
April 11, 2005.
BCC vs. Donald Roberts. Jr. - Case CO 200501085
This hearing was requested by John Santafemia, Code Enforcement Investigator who was
present.
The Defendant Donald Roberts, Jr. was also present.
On January 26,2005 a grey Volvo Sedan was parked in the driveway without a current
license plate. Several return visits found the vehicle still remained in the driveway.
NOV was issued and left warning. Last inspection on March 31, vehicle was in garage
with a Maryland license plate.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 sec. 2.0J.00(A). The Defendant was found to come into
compliance subsequent to receiving a notice of this hearing. Subsequently, only
Operational Costs of$111.94 were imposed andpaid at today's hearing.
BCC vs. Fravelo Inc. (Loredana Zambon. Rei!. Ai!ent) - Case CO 2005020147
This hearing was requested by John Santafemia, Code Enforcement Investigator who was
present.
The Defendant was not present. The Certified Mail with return receipt was received.
Investigator Santafemia stated on February 2005 he observed a black Buick Riviera
without a valid current license plate. NOV was issued to the registered agent. The
vehicle has been removed and currently in compliance.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 sec 2.0J.00(A). The Defendant was found to come into
compliance subsequent to receiving a notice of this hearing. Subsequently, only
Operational Costs of $94. 92 were imposed.
BCC vs. Cynthia Jean GUY - Case CO 2004090245
This hearing was requested by John Santafemia, Code Enforcement Investigator who was
present.
The Defendant was also present.
September 3,2004 observed the garage was converted into living space. No permits had
been obtained. Inspections were made and a NOV was posted and mailed. Certified
Mail was returned unclaimed. He met with the property owner and set up a meeting with
Wanda Warren. The Defendant was then in the process of obtaining engineering
drawings. To this date there are neither drawings nor permits obtained.
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April 1, 2005
The Defendant has now obtained the drawings and will proceed to Planning to be in
compliance with obtaining the permits.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 sec 10.02.06(B) (1) (a) & (B) (1) (d) (i) and ordered to obtain the
proper permits by May 1,2005 and be in complete Compliance by June 1,2005.
Operational Costs of$124.18 were imposed.
BCC vs. Clyde Ouinby In - Case CO 2004060331
This hearing was requested by John Olney, Code Enforcement Investigator who was
present.
The Defendant was not present.
Investigator Olney stated the Defendant is in compliance and had not intended to attend,
so he did not post the Notice of Hearing. Mr. Bonanno stated that proof of service is still
required even if the Defendant does not plan to attend the hearing.
Because service requirements were not met in this case, the operational costs of $184.75
could not be imposed. Mr. Bonanno stated that this imposition would be rescheduled for
a later date, but if Mr. Quinby paid the amount due before said hearing the Special
Master's Order would not be liened against the Defendant's property. He recommended
Investigator Olney contact Mr. Quinby to advise him the of current situation.
Finding the Notice of Hearing was not properly served, this case was postponed to a
later date yet to be determined.
BCC vs. Charles & Donna Aylsworth - Case CO 2005020630
This hearing was requested by John Olney, Code Enforcement Investigator who was
present.
The Defendant was also present.
A NOV was signed on December 3, 2004 in violation of parking a commercial vehicle in
a residentially zoned lot. The Defendant was found guilty of a similar violation on
December 1,2004. (Repeat Violation) After many spot checks, still found repeated
violation. Pictures were shown. In the past two weeks there have been no violations.
The Defendant stated the pictures didn't show how he is trying to be in compliance by
putting in an additional driveway. A lengthy dialogue by the Defendant pursued with
comments of other neighborhood violations.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 sec 2.01.00(C). The Defendant was ordered to pay fines of$500
for the violation, in addition to $100 a day fine will be imposed for each day the
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April 1, 2005
violation remains beginning April 8, 2005. Operational Costs of$106.95 were
imposed.
BCC VS. Claude & Marie Dieuiuste - Case CO 2005010231
This hearing was requested by Jeff Letourneau, Code Enforcement Investigator who was
present.
The Defendant was also present.
December 24,2004 a complaint was received concerning numerous vehicles on the
described property. Six vehicles were found with no tags or were inoperable. NOV was
posted on the property and mailed. Several investigations were made and found
violations remained.
The Defendant informed the Special Master the vehicles are shipped every two months to
Haiti for parts. The last two cars will be shipped in the next two weeks. He was
informed the vehicles need to be in an enclosed structure or operable and tagged.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 sec 2. OJ. OO(A). The Defendant was ordered to store the vehicles
inside a structure or remove them from the property by April 15, 2005. A fine of $50 a
day was imposed for each day the violation remains thereafter. Operational Costs of
$143.87 were imposed.
BCC vs. Lazardo & Madalid Martinez - Case CO 2004120841
This hearing was requested by Jeff Letourneau, Code Enforcement Investigator who was
present.
The Defendants were both present also. (Miguel Fernandez - Translator)
On December 28, 2004 received a complaint of garbage being buried in the back yard. In
responding and checking the complaint it was found a possible business activity on the
property. January 2005 found numerous vehicles without tags. Citation was served with
the help of a deputy. March 22, 2005 one truck was removed; one truck and two trailers
remain. Pictures were shown of the vehicles.
The Defendants stated the vehicles have tags and are in use. The trailer has a title but no
tag. The trailer is being used for storage. The other trailer has a tag and is a personal
attachment being a symbol of their marriage. Pictures were shown.
Finding the Notice of Hearing was properly served, the Defendants were found
GUILTY of Ordinance 2004-41 sec 2. 01. OO(A). They were properly notified of the
hearing by Certified Mail with return receipt. The Defendant was ordered to be in
compliance by removing the vehicles, storing them in a completely enclosed structure,
or affIXing proper tags by April 15, 2005. A fine of $50 a day was imposed for each day
the violation remains thereafter. Operational Costs of $151. 76 were imposed.
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April 1, 2005
BREAK - 10:22 AM
RETURNED -10:32 AM
BCC vs. Nicole Na2pal-D' Ambrosia - Case SO 139201
This hearing was requested by the Defendant who was not present.
Deputy Borchers, Sheriffs Officer, was present.
On November 6, 2004 a citation was issued the defendant for not having a handicap
parking tag displayed while partially parked in a handicapped parking space in East
Naples.
The Defendant was found GUILTY of Ordinance Sec. 130-67 Handicap Parking.
Finding the Notice of Hearing was properly served, the Defendant was ordered to pay
the fine of $250 and Operational Costs imposed of $30.
BCC vs. Christoffer May - Case CO 107556
This hearing was requested by the Defendant who was not present.
Deputy Ryan Tregea, Sheriffs Officer was present.
On patrol he observed a vehicle parked in a handicap parking space. A citation was
issued after carefully observing a handicap permit was not visible. The space was clearly
marked.
The Defendant was found GUILTY of Ordinance sec, 130-67 Handicap Parking.
Finding the Notice of Hearing was properly served, the Defendant was ordered to pay
the fine of$250 and Operational Costs imposed of $30.
BCC vs. Jon Pratt - Case CO 2004120871
This hearing was requested by Joseph Thompson, Code Enforcement Investigator who
was present.
The Defendant was not present.
The Defendant was not in compliance on January 19,2005. He is now in compliance as
the rental property has been registered on March 21,2005. NOV was posted and mailed
by Certified Mail and returned.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-58 sec 7. The Defendant was found to have come into compliance
subsequent to receiving a notice f this hearing. Accordingly, only Operational Costs in
the amount of $1 00.77 were imposed and due to be paid by April 15, 2005.
BCC vs. De Leon Residences International. LLLP - Case CO 2004090214
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April 1, 2005
This hearing was requested by Deputy Joe Thompson, Sheriffs Officer, who was present.
The Defendant was not present.
A NOV was sent Certified Mail with a return receipt for rental registration violation on
September 19, 2004. Deputy Thompson has tried on several occasions to contact the
Defendant. He has had no replies from the Defendant.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-58 sec 7 and ordered to pay afine of$30 per day, starting April 4,
2005, until they are in compliance. Operational Costs of $135. 90 were imposed.
BCC vs. Anthony Cesa/Joseph/Beverly/Anthony Frato - Case CO 2005010252
This hearing was requested by Ron Martindale, Code Enforcement Investigator who was
present.
The Defendants were not present. Michael Cole was asked by the Defendants to appear
before the Special Master as their representative. (Contractor)
Case was referred from Bridge and Right-a-Way Department. A letter had been sent to
the Defendant of the violation of a failed culvert pipe on September 2004. Repairs had
not been made to the culvert. Photos were shown of the site. Investigator Martindale
visited the site on January 5, 2005, found it vacant and posted the proper NOV. Visited
the site several times with no contact or repairs done.
Michael Cole, the Defendants representative, stated he needs a site survey. He will wrap
it in plastic and also fill the hole.
Finding the Notice of Hearing was properly served, the Defendant/s was found
GUILTY of Ordinance 2003-37 sec 5. The Defendant/s was ordered to obtain all the
required Collier County permits for the necessary repairs and to be incompliance with
a Certificate of Completion by May 1,2005. A $50 a day fine was imposed for every
day the violation remains. Operational Costs of $118.28 were imposed.
BCC vs. MiQuel & Daima Fernandez - Case CO 2004040835
This hearing was requested by Shawn Luedtke, Code Enforcement Investigator who was
present.
The Defendant was also present.
Investigator Luedtke indicated they have reached a stipulation earlier in the day. Permits
have been obtained for a conversion of a garage. A Certificate of Occupancy needs to be
obtained for additional doors and enclosed windows. They have agreed to 14 days for
obtaining the Certificate of Occupancy for the doors and 12 months to obtain the
Certificate of Occupancy with the additional permits to finish the projects. The proper
notices were posted.
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April 1, 2005
The Defendant stated he has been working on obtaining the permits since May 2004.
Plans had been in the process of permitting. He objected to paying the Operational Costs.
Investigator Luedtke indicated a year is unusual for the County not to issue permits for a
garage converSIOn.
Mr. Bonanno denied the Defendant's request for a reduction in the operational costs.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 91-102 secs 2.7.6.1,2.7.6.5, and 2.7.6.5a. The Defendant was ordered to
obtain a Certificate of Completion by April 15, 2005 regarding the windows and the
door, and given 1 year (April 1, 2006) for the complete renovation. A fine of $50 a day
will be imposed for every day the violation remains.
BCC vs. Amerada Hess Corp. - Vincent Lennon - Case CO 2003030309
This hearing was requested by Robert Cruz, Code Enforcement Investigator, who was
present.
The Defendant was not present.
The illegal sign had been changed and modified and were going through the permit
process. The process had been very slow and difficult in contacting different project
managers with Allen Industries. One inspection was needed before obtaining a
Certificate of Occupancy. When the Defendant received the Notice of this Hearing, the
original 2004 permit had been canceled and a new permit applied for and is now in the
"ready" status. The Defendant's contractor is aware of the situation.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 91-102, secs 1.5.6,2.5.12,2.5.13 & 2.5.5.2.5.5. Proper notices were given
by Certified Mail with return receipt. The Defendant was ordered to complete the
appropriate inspections and obtain the Certificate of Completion by April 15, 2005. A
fine of $50 a day will be imposed for every day the violation remains.
BCC vs. Tyreece Clark - Case CO 132701
This hearing was requested by the Defendant, Tyreece Clark.
Deputy Klinkmann was not present.
The Defendant was in attendance for an alleged Violation of Ordinance Sec. 130-67,
Handicap Parking. The Defendant stated the handicap permit was valid and visible on
the visor on January 25,2005.
The Defendant was found NOT GUILTY of Ordinance Sec. 130-67.
BCC vs. Daniel & Ladonna GreenHoe: - Case CO 2004090955
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April I, 2005
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This hearing was requested by Robert Cruz, Code Enforcement Investigator, who was
present.
The Defendant/s was not present.
Pictures were shown for the record. The Violation was for a "Greenling Roofing" pole
sign without permits. NOV was sent and unclaimed and returned on three different
occasions. The NOV was then faxed and sent regular mail. When the Notice of Hearing
was received, the Defendant contacted Investigator Cruz in which time he was told if he
cut off the arm, the violation would be abated. As of March 30,2005 the violation was
abated.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance 2004-41 secs 5.06.03, 5.06.03(P), and 5.06.03 (EE). The Defendant was
found to have come into compliance subsequent to receiving a notice of this hearing.
Accordingly, only Operational costs in the amount of$161.59 were imposed and due to
be paid.
BCC vs. Gulfcoast Deli Provisions - Case CO 142740
The Defendant was at the Hearing earlier in the day, provided a valid handicap permit
according to the Officer, and was instructed to go to Code Enforcement (Horseshoe
Drive) and pay $5.00
BCC vs. Delia Chacin - Case SO 136617
The Defendant pleaded her case of the Handicap Permit to the issuing Officer in the hall
of the hearing proceedings earlier in the day. The Officer accepted the Defendants plea
and presented his findings to Leo Bonanno.
BCC vs. Stewart Jacobson - Case SO 145656
This case was originally heard at the last hearing for an alleged violation of Ordinance
Sec 130-67 Handicap Parking.
Citation SO 145656 was DISMISSED.
BCC vs. Alan West - SO 140593
Mr. Bonanno found a letter from the Defendant in which he pleaded guilty and wished to
pay the fine. The fine of $30 was paid by the Defendant.
The previous order by the Special Master has been RESCINDED for the violation.
BCC vs. Mario Bosone - Case SO 140522
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April 1, 2005
The hearing was originally scheduled for March 4,2004. Neither issuing Officer nor
Defendant was present. It was re-scheduled for today's hearing.
A letter has been received from the issuing officer asking to VOID the Citation.
The next hearing is scheduled for April 15, 2005.
There being no further business for the good of the County, the Hearing was
adjourned by order of the Special Master at 11 :36 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonanno, Secretary to the Special Master
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