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Spec Master Minutes 04/15/2005
April 15, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, April 15, 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 9:45 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 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: APRIL 15, 2005 9:45 A.M. Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center Administrative Building "F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. CALL TO ORDER 1. HONORABLE SPECIAL MASTER BRENDA GARRETSON PRESIDING 2. HEARING RULES AND PROCEDURES Leonardo Bonanno, Secretary to the Special Master 2. PUBLIC HEARINGS A. MOTIONS 1. Motions for Continuance 1. 2. BCC vs. Davis Boulecard Plaza, LLC BCC vs. Robert Vera MD DO PA Association CO 2004060657 CO 2004080759 B. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 4. CASE NO: SO 134507 CYNTHIA AURELIO DEP. PAINTER 1692 ORD. SEe. 130-66(1)(H) PARKING IN A FIRE LANE SO 148303 TERESA ARREGUIN DEP. JACKSON 2261 ORD. SEe. 316.1945(1)B2 PARKING IN FRONT OF A FIRE HYDRANT SO 146755 WILLIAM RICK DEP. LINDBLAD 2571 ORD. SEe. 130-67 HANDICAPPED SPACE PARKING VIOLATION CE 1193 OWNER: KEITH GEIMM OFFICER: LUTHER WILLIAMS VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 5. CASE NO: CE 1304 OWNER: KEITH GEIMM OFFICER: LUTHER WILLIAMS VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 6. CASE NO: CE 1305 OWNER: KEITH GEIMM OFFICER: LUTHER WILLIAMS VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 7. CASE NO: CE 1189 OWNER: ALAN ALEXANDER OFFICER: LUTHER WILLIAMS VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 8. CASE NO: CE 0267 OWNER: DANIALLE STEED OFFICER: JACK FORDHAM VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 9. CASE NO: CE 0731 OWNER: NORMAN BELL OFFICER: EVERILDO YBACET A VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 10. CASE NO: CE 1287 OWNER: RAYMOND DALY OFFICER: JOSEPH THOMPSON VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 11. CASE NO: CE 1456 OWNER: PHILIP RYDER OFFICER: JOSEPH THOMPSON VIOLATIONS: ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA 12. CASE NO: CO 2005030615 LOCATION: OWNER: OFFICER: VIOLATIONS: 13. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 14. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 15. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 16. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 17. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 18. CASE NO: 5322 MCARTY STREET, NAPLES 62047200005 ELIMA ST. LOUIS JOSEPH THOMPSON ORDINANCE 04-41, SEC. 2.01.00(A) INOPERABLE/UNLICENSED VEHICLE CO 2004120856 5217 TREETOPS DRIVE, NAPLES 77461640003 MARY LEE MORRIS JOSEPH THOMPSON ORDINANCE 2004-58, SEe. 7 F AlLURE TO REGISTER RENTAL PROPERTY CO 2005010437 1369 HILLTOP DRIVE, NAPLES 50841240008 JAIME GUTIERREZ JOSEPH THOMPSON ORDINANCE 04-41, CCLDC SECS. 10.02.06(B)(I)(D), 104.1, 105.5 GARAGE CONVERTED INTO LIVING SPACE UNPERMITIED ELECTRICAL AND STRUCTURAL ADDITIONS/ALTERATIONS DOORS REPLACED IN REAR OF HOME CO 2004090898 5465 COLLINS AVENUE, NAPLES 62202840000 ANN WEBBER & FRANCIS ROBBINS JOSEPH THOMPSON ORDINANCE 91-102, SECS. 2.6.7.1.1 ORDINANCE 99-51 AS AMENDED BY 2001-21 TWO UNLICENSED VEHICLES ON PROPERTY WEEDS IN EXCESS OF 18" CO 2004080929 4965 GOLDEN DATE PARKWAY 66070001002 NATHAN BENDERS ON TR. ET AL & WAYNE RUBEN ROBERT CRUZ ORDINANCE 04-41 SECS. 5.06.00,5.06.01, 5.06.06(C), 1O.02.06(B) WALL SIGN WITH CANCELLED PERMIT CO 2004080759 12565 COLLIER BLVD, NAPLES 35832920006 ROBERT VERA MD DO PA ASSOCIATION ROBERT CRUZ ORDINANCE 91-102, CCLDC, SECS. 1.5.6,2.5.12.1,2.5.12.4.9 AND 2.5.13.1 ORDINANCE 04-08, SEC. 2.5.5.2.5.1.1 POLE SIGN WITHOUT PERMIT CO 2004100110 LOCATION: OWNER: OFFICER: VIOLATIONS: 19. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 20. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 21. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 22. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 23. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 24. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 5046 AIRPORT ROAD NORTH, NAPLES 25500000750 DDR MDT CARILLON PLACE, LLC - CT CORPORATION SYSTEM, REG. AGENT ROBERT CRUZ ORDINANCE 04-41, SECS. 5.06.00,5.06.01, 5.06.06(C), 10.02.06(B) "SUPERCUTS" WALL SIGN WITHOUT PERMIT CO 2005030387 6200 COLLIER BLVD, NAPLES 00734880004 AFC OF NAPLES, INe. - AARON COX, REG. AGENT TRAVIS SNODERL Y ORDINANCE 04-41, SECS. 2.02.03, 1O.02.06(B)(2)(A), 10.02.06(B)(2)(D)(IX), & 10.07.00 WALL SIGN WITHOUT PERMIT CO 2004061169 4628 TAMIAMI TRAIL EAST 67080600007 CEE INVESTMENT COMPANY - CORPORATION SERVICE COMP., REG. AGENT TRAVIS SNODERL Y ORDINANCE 04-4], SECS. 2.02.03, ]0.02.06(B)(2)(A), IO.02.06(B)(2)(D)(IX), & 10.07.00 GROUND SIGN INSTALLED AND/OR MODIFIED WITHOUT PERMITS CO 2004120196 731 29TH STREET SW, NAPLES 36812210007 JOHN & MICHELLE HALL CAROL SYKORA ORDINANCE 99-51 SECS. 5,6,7,8 LITTER INCLUDING BUT NOT LIMITED TO TWO INOPERABLE VEHICLES, WOOD, METAL, GLASS, PLASTIC, CEMENT BLOCK, AND A TRAILER CO 2005030953 1380 15TH STREET SW, NAPLES 45842960004 JASON & CHRISTINA SELLERS/GEORGE & CRYSTAL NESTOR JEFF LETOURNEAU ORDINANCE 04-41, SECS. 2.01.00(A), 2.02.03 SEVERAL UNT AGGED & INOPERABLE VEHICLES POSSIBLE (ILLEGAL) VEHICLE TOWING/STORAGE BUSINESS CO 2005020051 1521 GOLDEN GATE BLVD WEST, NAPLES 37060160005 MICHAEL HERNANDEZ & ADRIANNA GARCIA JEFF LETOURNEAU ORDINANCE 04-41, SEe. 2.01.00 TWO UNLICENSED/INOPERABLE VEHICLES CO 2004090845 3980 TAMIAMI TRAIL NORTH 77410120008 EDWIN WATTS GOLF, LLe. - JAMES WATTS, REG. AGENT ANDREW WUHRER ORDINANCE 04-41, SECS. 5.06.00, 5.06.01, 5.06.01(A)(I), 1O.02.06(B)(2) POLE SIGN WITHOUT PERMIT 25. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 26. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 27. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 28. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 29. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 30. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 31. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 32. CASE NO: CO 2004110136 2197 44TH TERRACE SW JOSE ACOSTA SHAWN LUEDTKE ORDINANCE 04-41, SEe. 1O.02.06(B)(I)(a)/(d)/(d)(i), AND 104.1.1 GARAGE CONVERTED INTO LIVING SPACE CO 2005030015 175441 ST TERRACE SW, NAPLES 35771520004 FRANK DUCLOS & LISETTE BRIVILLE SHAWN LUEDTKE ORDINANCE 04-41 SEe. 2.01.00 COMMERCIAL TRAILER STORED ON RESIDENTIALLY ZONED LAND CO 2005010209 4233 22ND PLACE SW 35644080008 GABRIEL DE ROSE & CHRISTY PATENAUDE SHAWN LUEDTKE ORDINANCE 2003-37, SEC. 5 INST ALLA TION OF A CONCRETE PAD WITHOUT A ROW PERMIT CO 2005010210 4233 22ND PLACE SW 35644080008 GABRIEL DE ROSE & CHRISTY PATENAUDE SHAWN LUEDTKE ORDINANCE 04-41 SECS. 1.04.04, 2.01.00(A) AND 2.02.03 STORAGE OF A VEHICLE IN COLLIER COUNTY ROW CO 2003101640 4465 19TH AVENUE SW 35757640005 WELLS FARGO BANK SHAWN LUEDTKE ORDINANCE 91-102, SECS. 2.7.6.1, 2.7.6.5 AND 2.7.6.5A ORDINANCE 2002-01, FBC, SECS. 104.1.1, 106.1.2 AND 106.3.1 STRUCTURAL ADDITIONS WITHOUT PERMITS CO 2005020316 5590 GOLDEN GATE PARKWAY 36430040002 ALAN & INES MONIZ TRS. JOHN SANT AFEMIA ORDINANCE 04-41, SEe. 4.05.03 VEHICLES ON GRASS IN REAR YARD CO 2005020409 2831 47TH TERRACE SW 35986880005 SAINT JUSTE & JOAN FLOREST ANT JOHN SANT AFEMIA ORDINANCE 2003-14, SECS. 5 AND 7 RESIDENTIAL PROPERTY WITHOUT ADDRESS POSTED AS REQUIRED CO 2005030001 .' _._.,~-----~-,-_.,._--.. LOCATION: OWNER: OFFICER: VIOLATIONS: 33. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 34. CASE NO: LOCATION: OWNER: OFFICER: VIOLATIONS: 35. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 4. NEXT MEETING DATE MAY 6, 2005 5. ADJOURN 3055 53RD STREET SW 36434080000 SAUL & ELSA GARCIA JOHN SANT AFEMIA ORDINANCE 04-41, SEC. 4.05.03 VEHICLES ON GRASS IN REAR YARD CO 2005020071 4470 GOLDEN GATE PARKWAY 35980560004 JULIO A. DEL RISCO JOHN SANT AFEMIA ORDINANCE 2004-58, SEe. 7 FAILURE TO REGISTER RENTAL PROPERTY CO 2004060657 3031-3053 DAVIS BLVD 70720240002 DA VIS BOULEVARD PLAZE, LLC - HENRY HOLZKAMPER, REG. AGENT SHERRY PATTERSON ORDINANCE 04-41, SEC. 5.05.05(C)(5)(L)(III)(A) PLAZA EXTERIOR, PARKING STOPS AND SIDEWALK PAINTED AN UNAPPROVED COLOR CE 0154 FRANK GREHL CHRISTOPHER AMBACH ORDINANCE SEe. 4.05.03(F) ROW VIOLATION April 15, 2005 I. Call to Order A. The Hearing was called to order by Special Master Brenda Garretson at 9:47 AM. All those testifying at the proceedings did so under oath. B. Hearing Rules and Procedures: Leo Bonanno, Secretary to Special Master II. PUBLIC HEARINGS: A. Motions for Continuance 1. BCC vs. Davis Boulevard Plaza, LLC 2. BCC vs. Robert Vera MD DO P A Association B. Hearings: BCC vs. Cynthia Aurelio - Case SO 134507 This hearing was requested by the Defendant who was not present. Deputy Painter was present. A picture was shown of the vehicle being parked in a fire lane. (Two way traffic circle) Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance Sec. 130-66(1) (H). The Defendant was ordered to pay afine of$30 and Operational Costs of$30 was imposed to be paid by May 15, 2005. BCC vs. Teresa Arref!uin - Case SO 148303 (Salvador Arreguin -Son appeared) This hearing was requested by the Defendant who was not present - her son appeared. Deputy Jackson, who was present, asked to amend the citation to Ordinance Sec. 130- 66(2) B from 316.1945(1) B2. The violation is for parking 15 feet in front of a fire hydrant. The Defendant and Deputy will discuss the case outside Chambers and return with their proposed agreement. BCC vs. William Rick - Case SO 146755 This hearing was requested by the Defendant who was present. Deputy Lindblad was also present. Deputy Lindblad requested this Case be removed from the Agenda as he is willing to VOID Citation SO 146755. The case being removed from the Agenda, no action was required by the Special Master. BCC vs. Keith Geimm - Case CE 1193 BCC vs. Keith Geimm - Case CE 1304 BCC vs. Keith Geimm - Case CE 1305 This hearing was requested by Keith Geimm, who was present. 2 April 15, 2005 Luther Williams, Issuing Officer was not present. Mr. Geimm explained 3 vehicles were parked on the lawn while shingles were being cleared from the roof. The Permit was posted. He tried to contact Officer Williams. The violation is for Ordinance Sec. 130-66 - parking in an unlawful area. Due to the absence of prosecution, citations CE 1193, CE 1304 and CE 1305 were DISMISSED. BCC vs. Alan Alexander - Case CE 1189 This hearing was requested by Alan Alexander, Defendant, who was present. Luther Williams, Issuing Officer, was not present. The violation is for Ordinance Sec. 130-66 - parking in an unlawful area. Due to the absence of prosecution, citation CE 1189 was DISMISSED. BCC vs. Danialle Steed - Case CE 0267 This hearing was requested by Danialle Steed who was not present, but submitted a letter and sworn statement. Jack Fordham, Issuing Officer, was present. Officer Fordham issued a citation on February 19, 2005 for a Ford Explorer parked in an unlawful area. Finding the Notice of Hearing was properly served the Defendant was found Guilty of Ordinance Sec 130-66. The Defendant was ordered to pay afine of $30 and Operational Costs of$30 was imposed to be paid by May 15, 2005. BCC vs. Norman Bell- Case CE 0731 This hearing was requested by Norman Bell, who was present. Everildo Ybaceta, Issuing Officer was present. Two citations were issued for two vehicles parked in the right-of-way on a corner lot on Lunar Street offBayshore. Pictures were shown. The Defendant stated it is not a corner lot and found it was not a right-of-way but an easement for Utilities. He received his notice the day before the Hearing for one of the citations. The Defendant also stated his property is pie-shaped. Special Master Garretson advised the Defendant she will personally look at the property before making a ruling concerning Ordinance Sec 130-66 - Parking in an unlawful area. The Defendant and issuing Officer both agreed they will abide by Special Master Garretson's ruling on both citations. The other citation will not be set for a hearing and the ruling will be on both cases. BCC vs. Teresa Arre2uin - Case SO 148303 (Salvador Arre2uin-Son) 3 April 15, 2005 The Officer stated the Defendant understands the violation and will take the Amendment and fine. The Defendant was found GUILTY of Ordinance Sec. 130-66(2) B and ordered to pay the $30 fine by May 15, 2005. Bce vs. Raymond Daley Case CE 1287 This hearing was requested by Raymond Daley, Defendant who was not present. Joseph Thompson, Issuing Officer was present. Pictures were shown of the violation - parking in an unlawful area on the Isle of Capris. Finding the Notice of Hearing was properly served the Defendant was found GUlL TY of Ordinance sec. 130-66. The Defendant was ordered to pay the fine of$30 and Operational Costs of$30 was also imposed to be paid by May 15,2005. Bce vs. Phillip Ryder - Case CE 1456 This hearing was requested by Joseph Thompson, Code Enforcement Investigator who was present. The Defendant was not present. Pictures were shown of the violation - parking in an unlawful area on the Island of Capris. Finding the Notice of Hearing was properly served the Defendant was found GUILTY of Ordinance sec. 130-66. The Defendant was ordered to pay the fine of $30 and Operational Costs of $30 was also imposed to be paid by May 15, 2005. BREAK -10:31 AM RECONVENED - 11 :00 AM Special Master Garretson gave the Defendants an opportunity to speak with their Investigating Officer before conducting the Hearing for a resolution by Stipulation. Looking for Compliance without being punitive. Will call the Docket at 11:18 AM. RECONVENED -11:18 AM DEFENDANT'S MOTIONS FOR A CONTINUANCE BCC vs. Vera Robert MD DO P A Assoc. - Case eo 2004080759 This hearing was requested by Robert Cruz, Code Enforcement Investigator, who was present. The Defendant was not present but represented by her Attorney Mr. Allen Grossman. The Defendant's Request for a Continuance was GRANTED and this case will be re- scheduled for June 3, 2005. This is the Defendants official notice for the Continuance. 4 April 15, 2005 BCC vs. Davis Boulevard Plaze. LLC-Henrv Holzkamper. Ree Aeent - Case CO 2004060657 This hearing was requested by Sherry Patterson, Code Enforcement Investigator who was present. The Defendant was not present. The Defendants Request for a Continuance was GRANTED and this case will be re- scheduled for June 3, 2005. This is the Defendants official notice for the Continuance. STIPULATIONS BCC vs. Jason & Christina Sellers /Georee & Crystal Nestor - Case CO 2005030953 This hearing was requested by Jeff Letourneau, Code Enforcement Investigator who was present. The Defendant was present. The Defendant agreed to the Violation for Ordinance 04-41, sec 2.01.00(A), 2.02.03. The Defendant will abate the violation by fixing, tagging and/or storing the vehicles. The Violation was stipulated to the above Violation. The Defendant was ordered to pay Operational Costs of$156.12 by April 29, 2005. He also has a right to appeal. BCC vs. Jaime Gutierrez - Case CO 2005010437 This hearing was requested by Joseph Thompson, Code Enforcement Investigator who was present. The Defendant was also present. The Defendant has submitted architectural drawings and should be finished with the project in 3 weeks. The Defendant will have 3 more weeks to finish the drawings and apply for the proper permits. Finding the Notice of Hearing was properly served the Defendant was found GUILTY of Ordinance 04-41, CCLDC sec 10.02.06(B) (1) (D), 104.1, 105.5. The Defendant agreed to the stipulation stated by the Officer. Operational Costs of $11 o. 74 were imposed with payment due May 3, 2005. Fines of $50 a day will be imposed for each day the violation remains after May 3, 2005. (Note - Operational Costs of $11 0.74 were paid at the Hearing) BCC vs. Gabriel DeRose & Christy Patenaude - Cases CO 2005010209 & CO 2005010210 This hearing was requested by Shawn Luedtke, Code Enforcement Investigator who was present. The Defendant was also present. The Defendant agreed to the Stipulation and violation of the Ordinance for CO 2005010210. 5 April 15, 2005 Officer Luedtke asked to reschedule CO 2005010209 until June 3, 2005. Finding the Notice of Hearing was properly served the Defendant was found GUILTY of Ordinance 2003-37, sec 5. The Defendant agreed to pay Operational Costs of $1 00 and remove the unlicensed vehicle by May 21, 2005 or a fine of $50 a day will be imposed for each day the violation remains. Case CO 2005010209 is rescheduled and serves as Official Notice for the June 3rd Hearing. (Note - Operational Costs of $1 00 were paid at the Hearing) BCC vs. John & Michelle Hall- Case CO 2004120196 This hearing was requested by Investigator Carol Sykora, Code Enforcement Investigator who was present. The Defendants were also present. The Defendants have agreed to abate the violations by removing all litter by June 1, 2005. The Defendant wasfound GUILTY of Ordinance 99-51 secs 5,6,7,8. They were ordered to pay a fine of $75 a day for each day the violation remains thereafter including Operational Costs of $138.22. (Note - Operational Costs of$138.22 was paid at the Hearing) BCC vs. Saul & Elsa Garcia - Case CO 2005030001 This hearing was requested by John Santafemia, Code Enforcement Investigator who was present. The Defendant was also present. The violation was abated with no fines. The Defendant was found GUILTY of Ordinance 04-41, Sec 4.05.03. Operational Costs of$105.00 were imposed and to be paid by May 15,2005. BCC vs. CEE Investment Company-Corporation Service Comp., Richard Hoddinott, Bluebill Realty - Case CO 2004061169 This hearing was requested by Travis Snoderly, Code Enforcement Investigator who was present. Mr. Richard Hoddinott, Bluebill Realty was present and stated he has a 10 year lease with the Defendant and has written authority to enter into any agreement concerning the violation. Pictures of ground sign shown. Mr. Hoddinott has agreed to the Stipulation and will obtain proper permits for the sign. The stipulation was accepted and the Defendant was found GUILTY of Ordinance 04- 41, secs 2.02.03, 10.02.06(B) (2) (A), 10.02.06 (B) (2) (D) (IX), & 10.07.00. The Defendant was given until May 15, 2005 to obtain the proper "after the fact" permit and obtain inspections and a Certificate of Completion/Occupancy by June 15, 2005 or 6 April 15, 2005 a fine of $50 a day will be imposed for each day the violation remains thereafter. Operational Costs of$112.88 was imposed. BCC vs. AFC of Naples. Inc. - Aaron Cox. Re2. A2ent - Case CO 200503087 This hearing was requested by Travis Snoderly, Code Enforcement Investigator who was present. The Defendant was also present. The Defendant has agreed to stipulate to the Violation. Pictures were shown and the Defendant will obtain a permit for the sign by May 15, 2005. The Defendant explained the process he went through to obtain a permit for the sign. The Defendant was found GUILTY of Ordinance 04-41, secs 2.02.03,10.02.06 (B) (2) (A), 10.02.06 (B) (2) (D) (IX), & 10.07.00. The Defendant was given until May 15, 2005 to obtain the proper permits and inspections and pay the $66.94 Operational Costs that were imposed. BCC vs. Elima St. Louis - Case CO 2005030615 This hearing was requested by Joseph Thompson, Code Enforcement Investigator who was present. The Defendant was also present. The Violation has been abated. The Defendant was found GUILTY and stipulated to the violation of Ordinance 04-41, sec 2.01.00 (A). Operational Costs of$75.41 were imposed and to be paid by May 15, 2005. (Note - Operational Costs of$75.41 was paid at the Hearing) BCC vs. Mary Lee Morris - Case CO 2004120856 This hearing was requested by Joseph Thompson, Code Enforcement Investigator who was present. The Defendant was not present. Notice of Violation was issued in December 2004 for failure to register rental property. Finding the Notice of Violation was properly served and the Defendant failed to appear, the Defendant wasfound GUILTY of Ordinance 2004-58, sec 7. The Defendant was ordered to register 5217 Treetops Drive as a rental property by April 20, 2005 or a fine of $30 will be paid for each day the violation remains. Operational Costs of $80.45 were imposed to be paid by May 15, 2005. BCC vs. Edwin Watts Golf. LLD. - James Watts. Re2. A2ent - Case CO 2004090845 7 April 15, 2005 This hearing was requested by Andrew Wuhrer, Code Enforcement Investigator who was present. The Defendant was also present. The sign had been damaged in the Hurricane and was found to be in violation of a non- conforming legal sign. It would have complied if it would not have been changed. The Defendant pleaded his case concerning a backlog of obtaining signs after the hurricanes. Pictures were shown. The Defendant stated they are now in compliance except for an issue concerning the letters. Investigator Wuhrer responded; had the Defendant replaced the sign initially with the old sign, he would have been in compliance, but he installed a new sign which took him out of compliance. A lengthy discussion followed on grand fathering, the size and replacement of the sign and letters, the base conforming and the timing of being in compliance. The Defendant agreed to the stipulation and Operational Costs of $196.43 were imposed to be paid by August 15, 2005. Michelle Crowley, Code Enforcement Supervisor for the Sign Specialist, pointed out that under the Land Development Code, the sign being changed without a valid permit, voided the 1996 permit. At this time the sign is not permitted. It cannot be permitted because of the height, size and pole cover. A picture of the sign there now, replaced after the hurricane, was shown. A legal non- conforming use loses its status when it is illegally changed. Discussion followed. RECESS WAS CALLED -12:22 PM. RECONVENED -12:35 PM Special Master Garretson gave the interpretation of the Ordinance 04-41, secs 5.06.00,5.06.01,5.06.01 (A)(1), 10.02.06(B)(2) as being; once the sign is totally removed, and replaced with another, it can no longer be grandfathered. The Defendant was ordered to obtain the proper permit, inspections and Certificate of Completion by August 15, 2005 or a fine of $50 a day will be imposed for each day the violation remains thereafter. BCC vs. Frank Grehl Case CE 0154 This hearing was requested by Chris Ambach, Code Enforcement Investigator who was present. The Defendant was also present. On January 22, 2005 a citation was issued to a white van on Este Ave. parked in the right-of-way. Pictures were shown. The Defendant stated it is Flamingo Drive and there were no signs indicating it was a right-of-way. 8 April 15, 2005 The Defendant was found GUILTY of Ordinance sec. 4.05.03(F) and required to pay a fine of$30 and Operational Costs of$30 were imposed to be paid by May 15, 2005. BCC vs. DDR MDT Carillon Place. LLC. - CT Corp. System. Ref!. Af!ent - Case CO 2004100110 This hearing was requested by Robert Cruz, Code Enforcement Investigator who was present. The Defendants Registered Agent, Paul Crafa was present. On October 1, 2004 the Corporate Office was contacted. Notice of Violation was given to Corporate Office for a "Supercuts" wall sign without a permit. Mr. Crafa noted he is willing to cooperate to achieve compliance. Finding the Notice of Hearing was properly served, the Defendant was found GUILTY of Ordinance 04-41, sees 5.06.00,5.06.01,5.06.06 ©, 10.02.06 (B). The Defendant was ordered to obtain the proper permit and Certificate of Completion on or before May 2, 2005 or afine of$50 a day will be imposedfor each day the violation remains thereafter. Operational Costs of $129.65 will also be imposed. BCC vs. Ann Webber & Frances Robbins - Case 2004090898 This hearing was requested by Joseph Thompson, Code Enforcement Investigator who was present. The Defendants were not present. Notice of Violation was issued by Certified Mail for 2 unlicensed vehicles on the property and weeds in excess of 18". Finding the Notice of Hearing was properly served, the Defendant/s was found GUILTY of Ordinance 91-102, secs 2.6.7.1.1 and 99-51 as amended by 2001-21. The Defendant/s was ordered to remove the inoperable vehicles by April 18, 2005 or a fine of$30 a day be imposedfor each day the violation remains thereafter. Operational Costs of $124. 59 was also imposed. BCC vs. Nathan Benderson Tr. Et AI & Wayne Ruben - Case CO 2004080929 This hearing was requested by Robert Cruz, Code Enforcement Investigator who was present. The Defendant was not present. Investigator Cruz served Notice of Violation to Manager on duty on August 23, 2004. With no responses Investigator made calls to Regis Corporate Office. Contacted local construction company for sign with no responses. Prepared new NOV and to date. Compliance has not been resolved. Violation is wall sign with cancelled permit. Sign needs to be permitted and obtain Certificate of Occupancy. 9 April 15, 2005 Finding the Notice of Hearing was properly served and received, the Defendant was found GUILTY of Ordinance 04-41, secs 5.06.00,5.06.01,5.06.06 (C), 10.02.06 (B). The Defendant was ordered to correct the violation and obtain the proper permits with obtaining a Certificate of Completion by May 2,2005 or afine of$50 a day will be imposed for each day the violation remains thereafter. Operational Costs of$166.38 were imposed to be paid by May 2, 2005. BCC vs. Michael Hernandez & Adrianna Garcia - Case CO 2005020051 This hearing was requested by Jeff Letourneau, Code Enforcement Investigator who was present. The Defendants were not present. On January 28,2005 posted a Notice of Violation for two unlicensedlinoperable vehicles. Notice was mailed on February 16, 2005. As of April 14, 2005 the violation has not been abated. Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance 04-41, sec 2.01.00. The Defendants are required to remove or license the vehicles by May 2, 2005 or a fine of $50 a day will be imposed for each day the violation remains thereafter. Operational Costs of $85. 83 were imposed to be paid by May 2, 2005. BCC vs. Jose Acosta - Case CO 2004110136 This hearing was requested by Shawn Luedtke, Code Enforcement Investigator who was present. The Defendant was not present. (Called out of the Country for an emergency) Re-hearing from February 25, 2005. Investigator Luedtke contacted his pennitting representative. The pennit was issued. Finding Notice was properly given at the previous Hearing the Defendant was found GUILTY of Ordinance 04-41, sec 10.02.06 (B) (1) (a) (d)(d)(i), & 104.1.1. Defendant was required to obtain a Certificate of Occupancy by October 15, 2005 or afine of$50 a day will be imposed for each day the Violation remains thereafter. Operational Costs of $1 OJ. 03 were also imposed. BCC vs. Frank Duclos & Lisette Brivelle - Case CO 2005030015 This hearing was requested by Shawn Luedtke Code Enforcement Investigator who was present. The Defendant was not present. On March I, 2005 a large commercial box trailer was found in the County right-of-way. In further research previous violations were noted for the same violation. Investigator Luedtke has a safety concern due to a sharp curve in the area which is a potential for an accident. 10 April 15, 2005 Finding the Notice of Hearing was properly given; the Defendant was found GUILTY of Ordinance 04-41 Sec. 2.01.00. An immediate Civil Penalty of$100 was imposed and the Defendant was ordered to remove the Commercial trailer by April 22, 2005 or a fine of $1 00 a day will be imposed for each day the Violation remains thereafter. The Defendant was ordered to pay Operational Costs of $ 79. 71. BCC vs. Wells Fareo Bank - Case CO 2003101640 This hearing was requested by Shawn Luedtke, Code Enforcement Investigator who was present. The Defendant was not present. On October 30,2004 an addition to the house at 4465 19th Ave. SW was observed including a detached structure in the rear yard. Ownership changed in May 2004. The new owner, Wells Fargo, was notified on July 2004. No pennits have been applied for as of this date. Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance's 91-102, secs 2.7.6.1,2.7.6.5 & 2. 7. 6. SA & 2002-01, FRC, secs 104.1.1, 106.1.2 & 106.31. The Defendant was ordered to obtain the appropriate permits for the addition to the structure or obtain a demolition permit by June 15, 2005 or obtain a Certificate of Completion or Occupancy by July 15, 2005 or a fine of $1 00 a day will be imposed for each day the Violation remains thereafter. Operational Costs of $202.46 was also imposed. BCC vs. Alan & Ines Moniz Trs. - Case CO 2005020316 This hearing was requested by John Santafemia, Code Enforcement Investigator who was present. The Defendants were not present. Investigator Santafemia observed several vehicles parked in the rear yard of the property on February 2,2005. Notice of Violation was properly given. Several inspections followed with the violations still in existence. Messages were received from the Defendant that he was unable to attend as he is out of State. Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance 04-41, sec 4.05.03. The Defendant was ordered to remove the vehicles from the rear yard and park them on a stable area by April 25, 2005 or a fine of $50 a day will be imposed for each day the violation remains thereafter. Operational Costs of$85.19 were also imposed. BCC vs. Saint Juste & Joan Florestant - Case CO 2005020409 This hearing was requested by John Santafemia, Code Enforcement Investigator who was present. This Defendant was not present. 11 April 15, 2005 On February 7,2005 a van was observed parked on the grass in the side yard at 2831 47th Terrace SW. The address numbers were also missing from the structure. On February 10, 2005 the vehicle was removed from the grass, but the address numbers were still missing. After several inspections Notice of Violation was given and still not in compliance. Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance 2003-14, secs 5 & 7. The Defendant was ordered to be in compliance with posting address numbers on the structure by April 25, 2005 or a fine of $25 a day will be imposed for each day the violation remains thereafter. Operational Costs of $85.19 were also imposed. BCC vs. Julio A. Del Risco - Case CO 2005020071 This hearing was requested by John Santafemia, Code Enforcement Investigator who was present. The Defendant was not present. On January 28,2005 a vehicle was observed parked at 4470 Golden Gate Parkway without a current valid license plate. Further investigation found the duplex property, was not registered as a rental property. Notice of Violation was mailed by certified mail on February 28,2005. The violation for the vehicle had been removed as it was in compliance. March 7, 2005 Notice of Violation was properly posted and obtained photo graphs. Finding the Notice of Hearing was properly given, the Defendant was found GUILTY of Ordinance 2004-58, sec 7. The Defendant was ordered to register the rental property on or before April 25, 2005 or a $50 a day fine will be imposed for each day the violation remains thereafter. Operational Costs of $88. 93 was also imposed. 3. Comments - None 4. Next Hearing Date May 6, 2005 ***** There being no further business for the good of the County, the Hearing was adjourned by order ofthe Special Master at 10:05 AM. FOR THE COLLIER COUNTY SPECIAL MASTER Leonardo Bonanno, Secretary to the Special Mast 12