Spec Master Minutes 05/06/2005
May 6, 2005
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY SPECIAL MASTER
Naples, Florida, May 6, 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 8:45 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: MAY 6, 2005 8:45 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 VERBA TIM 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.
3.
4.
BCC ys. Frank Lagonigro
BCC ys. William Careccia
BCC ys. Norman Erickson
BCC Ys. Gary & Angela Sanch
2005020112
SO 132772
CE 0337
2004070464
2. Motion for Order
1.
BCC ys. Norman Bell
CE 0731
B. HEARINGS
1. CASE NO: SO 146799
OWNER: CRAIG BARTHOLOW
OFFICER: BILL HEMS
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
2. CASE NO: SO 146425
OWNER: STUART MCFETRIDGE
OFFICER: BILL HEMS
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
3. CASE NO: SO 132772
OWNER: WILLIAM CARECCIA
OFFICER: DEP. PAINTER
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
4. CASE NO: SO 133474
OWNER: NAPLES NISSAN
OFFICER: DONALD LOTHROP
VIOLATIONS: ORD. SEe. 130-66(1)(H)
FIRE LANE VIOLATION
5. CASE NO: SO 145152
OWNER: JUAN ACEVEDO
OFFICER: LAWRENCE KELLER
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
6. CASE NO: SO 145197
OWNER: MARY ANN WILLIAMS
OFFICER: LA WRENCE KELLER
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
7. CASE NO: SO 135557
OWNER: ROBIN SIZEMORE
OFFICER: DEP. LAPIERE
VIOLATIONS: ORD. SEC. 130-66
UNLAWFUL AREA VIOLATION
8. CASE NO: SO 134265
OWNER: MARC SCHNEE
OFFICER: DEP. SANTORIELLO
VIOLATIONS: NO ORD. SEC. STATED
PARKING ON WRONG SIDE OF STREET
9. CASE NO: SO 147661
OWNER: LEONA WARNEKE
OFFICER: LT. GUNKLE
VIOLATIONS: ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
10. CASE NO: SO 136153
OWNER: DOROTHY VERRASTRO
OFFICER: LEEANN WHITNEY
VIOLATIONS: ORD. SEC. 130-66
UNLA WFUL AREA VIOLATION
11. CASE NO: SO 140270
OWNER: VINCENT COSMI
OFFICER: DEP. BOYLAN
VIOLATIONS: ORD. SEe. 130-66(1)(H)
FIRE LANE VIOLATION
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
,.------
SO 145006
RAY MORGAN
DEP. FAULKS
ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
SO 137556
HILARIO GONZALEZ
DEP. PARENTEAU
ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
SO 139462
HA YDEE LARRALDE
DEP. COCHRAN
ORD. SEe. 130-67
HANDICAP PARKING VIOLATION
SO 141107
TERRY MILLER
DEP. BRADLEY
ORD. SEe. 130-67
HANDICAP PARKING VIOLATION (ACCESS AREA)
CE 0698
TOMMIE ALZAMORA
JEAN NEADEAU
ORD. SEe. 130-66
UNLAWFUL AREA VIOLATION
CE 0699
TOMMIE ALZAMORA
JEAN NADEAU
ORD. SEC. 130-66
UNLAWFUL AREA VIOLATION
CE 0421
WILLIAM AMANTIA
RONALD MARTINDALE
ORD. SEC. 130-66
UNLA WFUL AREA VIOLATION
CE 0744
DA WN LEBLANC
EVERILDO YBACET A
ORD. SEe. 130-66
UNLA WFUL AREA VIOLATION
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CE 0337
NORMAN ERICKSON
SONDRA DINICOLA
ORD. SEe. 130-66
UNLA WFUL AREA VIOLATION
2004070513
SHADI OF NAPLES, INe. - MAKSUDAR RAHMAN, MD. REG AGENT
ANDREW WUHRER
SECTIONS 10.07.00, 1O.02.06(B)(2)(A) OF ORDINANCE 2004-41 AS AMENDED
UNAPPROVED CANOPY COLOR & CANOPY WITHOUT PERMIT
22. CASE NO: 2005010906
OWNER: CROSSROADS MARKET, INe. - ANTHONY CATALANO, REG. AGENT
OFFICER: ROBERT CRUZ
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
--_.,.
SECTION 5.06.06(C)(2) OF ORDINANCE 2004-41 AS AMENDED
W ALGREENS SIGN WITHOUT PERMIT
2005030931
VICTORIA UBER
JOHN SANT AFEMIA
SECTION 2.01.00(A) OF ORDINANCE 2004-41 AS AMENDED
TWO UNLICESNSED VEHICLES IN DRIVEWAY
2005040615
PETER e. AMIDON TR. UTD 5-9-91
ROBERT MANGIANTE
SECTIONS 7(2) OF ORDINANCE 2004-58
FAILURE TO REGISTER RENTAL PROPERTY
2005040098
JUAN JOSE ABASOLO
ROBERT MANGIANTE
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D)(I) OF ORDINANCE 2004-41 AS AMENDED
GARAGE CONVERTED INTO LIVING SPACE
2005020112
FRANK LAGONIGRO
RONALD MARTINADALE
SECTION 5 OF ORDINANCE 2003-37
FAILED CULVERT PIPE
2003100457
JULIA GONZALEZ
SHA WN LUEDTKE
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D) OF ORDINANCE 2004-41 AS AMENDED
INTERIOR RENOVATIONS WITHOUT PERMITS
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
31. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
32. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
33. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
34. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
35. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
'-"-.-'-----"
2005030527
MARTHA HETZEL & LA DONA SUE BYERS
SHA WN LUEDTKE
SECTIONS 6, 7 AND 11 OF ORDINANCE 99-51
WEEDS OVER 18" AND LITTER
2003021010
WELLS FARGO BANK - ED V ANSKYVER, MGR.
SHAWN LUEDTKE
SECTION 6(9, 11, 12A, 12C, 12P AND 12Q) OF ORDINANCE 2004-58
INTERIOR FIRE DAMAGE
2005010460
WILLIAM & LOLA OVERTON
JOSEPH THOMPSON
SECTION 1.04.01 OF ORDINANCE 2004-41 AS AMENDED
GUEST HOUSE BEING UTILIZED FOR LIVING SPACE
2005020443
RAFAEL MORALES & JUANA PEREZ
JOSEPH THOMPSON
SECTION 10.02.06(B)(1)(A) OF ORDINANCE 2004-41 AS AMENDED
SECTION 104.1.1 OF ORDIANCE 2002-01 AMENDED THE FBC
GARAGE CONVERTED INTO LIVING SPACE
2005020681
JESUS & MICHELLE HERRERA FOR LEO JR. LAWN & IRRIGATION SERVICE, INC.
JOSEPH THOMPSON
SECTION 1.04.01 OF ORDINANCE 2004-41 AS AMENDED
ILLEGAL LAND USE - SITE USED FOR BUSINESS WITHOUT SIP
2005030605
JOSE ORTEGA
EVERILDO YBACET A
SECTION 7 OF ORDINANCE 1999-51
LITTER VIOLATION
2004060665
JEAN CLAUDE MARTEL
EVERILDO YBACET A
SECTION 7 OF ORDINANCE 1999-51
LITTER VIOLATION
2005020181
SAINT LOUISE MOISE
EVERILDO YBACET A
SECTION 7 OF ORDINANCE 1999-51
LITTER VIOLATION
36. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
37. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
38. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
39. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
40. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
41 CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
42. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
43. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005020799
AUGUST & KA THLEEN VALENTA
LARRY SCHWARTZ
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D) OF ORDINANCE 2004-41 AS AMENDED
GARAGE CONVERTED INTO LIVING SPACE
2005020091
JACK & MURIEL FLOYD
LARRY SCHWARTZ
SECTION 6 OF ORDINANCE 1999-51
LITTER VIOLATION
2005020092
JACK & MURIEL FLOYD
LARRY SCHWARTZ
SECTION 6 OF ORDINANCE 1999-51
LITTER VIOLATION
2004120006
WILLIAM & DAWN CSOGI
JOHN OLNEY
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D)(I) OF ORDINANCE 2004-41 AS AMENDED
SECTIONS 104.1.1, 105.1 AND 106.1.2 OF ORDINANCE 2002-01 AMENDING THE FBC
CONSTRUCTION OF ARBOR-LIKE STRUCTURE WITHOUT PERMITS
2005010536
MARTIN & LOUISIANA MENA
JOHN OLNEY
SECTIONS 2.01.00(B) OF ORDINANCE 2004-41 AS AMENDED
BOAT PARKED IN SIDE YARD
2004070464
GARY & ANGELA SANCH
JOHN OLNEY
SECTIONS 2.7.6.A AND 2.7.6.5.A OF ORDINANCE 91-102 AS AMENDED
SECTIONS 104.1.1, 105.5 AND 106.1.2 OR ORDINANCE 2002-01 AMENDING THE FBC
2004020181
FATMA CAGRAN
JOHN OLNEY
SECTIONS 2.7.6.A AND 2.7.6.5 OF ORDINANCE 91-102 AS AMENDED
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D) OF ORDINANCE 2004-41 AS AMENDED
2005010687
AL'D F. FAYARD, JR.
JOHN OLNEY
SECTIONS 1.04.01 AND 2.02.03 OF ORDINANCE 2004-41 AS AMENDED
UNLICENSED AND INOPERABLE VEHICLES/TRAILERS, BARRELS, ETe.
44. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
45. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
46. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
47. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
48. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
49. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
50. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
51. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005020677
JOANNE DAVIDSON TURNER
JOHN OLNEY
SECTION 2.01.00(A) OF ORDINANCE 2004-41 AS AMENDED
SEVERAL UNLICENSED VEHICLES IN DRIVEWAY
2005010143
MICHAEL J. MICELLI
JOHN OLNEY
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D) OF ORDINANCE 2004-41 AS AMENDED
SECTIONS] 04.].1 OF ORDINANCE 2002-0] AMENDING THE FBC
INTERIOR RENOVATIONS WITHOUT PERMITS
2004040270
ANN CHAMBERLAIN
JOHN OLNEY
SECTIONS 2.7.6.A AND 2.7.6.5.A OF ORDINANCE 91-102 AS AMENDED
SCREEN ENCLOSURE CONVERTED INTO LIVING SPACE WITH PERMITS
2005020961
MICHAEL D. RYON
JOHN OLNEY
SECTIONS 2.01.00(A) OF ORDINANCE 2004-41 AS AMENDED AS AMENDED
SEVERAL UNLICENSED VEHICLES IN DRIVEWAY
2005030121
MICHAEL D. RYON
JOHN OLNEY
SECTION 7 OF ORDINANCE 2004-58
F AlLURE TO REGISTER RENTAL PROPERTY
2005020698
NAPLES SOUTH REALTY - ZACH BERG, REG. AGENT
JOHN OLNEY
SECTION 5.03.04(E) OF ORDINANCE 2004-41 AS AMENDED
DUMPSTER WITHOUT REQUIRED SCREENING
2004080776
ENDLESS SUMMER ESTATES, LLLP - HAROLD REGAN, REG. AGENT
LARRY METTET AL
JOHN OLNEY
SECTIONS 1O.02.06(B)(1)(A)/(B)(1)(D)(I) OF ORDINANCE 2004-41 AS AMENDED
SECTIONS 104.1.1 AND 106.1.2 OF ORDINANCE 2002-01 AMENDING THE FBC
PATIO ENCLOSURE WITHOUT PERMIT
2004080900
GEORGE & ELIZABETH SYROVY
JOHN OLNEY
SECTION 7 OF ORDINANCE 2004-58
FAILURE TO REGISTER RENTAL PROPERTY
3. COMMENTS
4. NEXT MEETING DATE
JUNE 3, 2005
5. ADJOURN
May 6, 2005
1. Call to Order
The meeting was called to order by Special Master Brenda Garretson at 8:47
AM. All those testifying did so under oath.
Hearing Rules and Procedures: Leonardo Bonanno, Secretary to the Special Master
The following changes to the Agenda were noted and recorded as follows:
2. PUBLIC HEARINGS
A. MOTIONS
Motion for rehearing - BCC vs. Edwin Watts Golf - Case CO 2004090845
1. Motions for Continuance
1. BCC vs. Frank Lagonigro - 2005020112 - Motion Granted _ Case
Removed.
2. BCC vs. William Careccia - SO 132772 - Case Settled - Motion and Case.
3. BCC vs. Norman Erickson - CE 0337
4. BCC vs. Gary & Angela Sanch - 2004070464
Other cases resolved and removed from Agenda are:
· Item #11 - Case - SO 140270 - BCC vs. Vincent Cosmi
· Item #12 - Case - SO 145006 - BCC vs. Ray Morgan
The cases removed from the Agenda required no action by the Special Master.
8:54 AM - Special Master Brenda Garretson at this time gave the Defendants time
to speak with their issuing Officer before conducting the Hearing for settlement to
be made if possible.
9:06 AM - Reconvened - Cases resolved and removed from the Agenda are as
follows:
· Item #13 - Case SO 137556 - BCC vs. Hilario Gonzalez - Resolved and paid
$40 for handicap parking violation at today's hearing.
· Item #7 - Case SO 134265 - BCC vs. Marc Schnee - Resolved and removed
from Agenda.
· Item #16 - CE 0698 & #17 CE 0699 - BCC vs. Tommie Alzamora _ Resolved
and paid $60 total for unlawful area violation.
Motion for Re-Hearing before the Special Master - BCC vs. Edwin Watts Golf _
Case CO 2004090845 - The Investigator was present. Special Master Garretson stated
they have asked for reconsideration. She asked the Investigator obtain a legal opinion
from the County Attorney On the issues raised by the Defendant. The Request for Re-
Hearing will be ruled upon at the June 3, 2005 Hearing.
2
May 6, 2005
Motion for Continuance - Item #26 - BCC vs. Frank Lagonigro - Case 2005020112
Based on Defendant claims recent hip surgery prevents him from attending today's
Hearing. Based on these facts, Special Master Garretson GRANTED a Continuance to
the June 3rd Hearing.
Motion for Continuance - Item #20 - BCC vs. Norman Erickson - Case CE 0337
Issuing Officer Dinicola was present. The Continuance was DENIED being no reason
stated from the Defendant for the continuance.
Motion for Continuance - Item #41 - BCC vs. Gary & Angela Sanch _ Case
2004070464 - Investigator John Olney was present. Investigator Olney stated he has not
had contact with the Defendants. Mr. & Mrs. Sanch have recently retained legal counsel,
who requested this continuance. Based on these facts, Special Master Garretson
GRANTED a Continuance to the June 3rd Hearing. The Continuance was GRANTED
until the June 3rd Hearing.
2. Motion for Order
1. BCC vs. Norman Bell - CE 0731 - Special Master Garretson viewed the
site herself. Mr. Bell had explained his property was pie shaped _ being
narrower in the back and the need to park his vehicles on the right-of-way.
In viewing the site, Special Master Garretson explained Mr. Bell has plenty
of room in the front of his property. He has two places to park, but someone
has chosen to place numerous plants in one place. She also noted an
abandoned van covered with vines. There is enough room for a vehicle in
front of the home. To the left ofthe driveway is a utility right-of-way
making it dangerous for Mr. Bell to park in that area and is also on a curve.
That part of the road is extremely wide. She saw no problems that Mr. Bell
related at the previous hearing.
The Defendant was found GUILTY and ordered to pay afine of$30 and
Operational Costs of $50 was imposed.
B. HEARINGS
1. Case SO 146799 - BCC vs. Crah! Bartholow
This hearing was requested by the Defendant who was present.
Bill Helms, Sheriffs Officer was present.
The Defendant explained his reasons for parking in a handicap parking area. He admitted
he made a wrong decision. He asked for a warning or reduction in fine.
The Defendant was found GUILTY of Ordinance Sec. 130-67, Handicap Parking
Violation. The Defendant was ordered to pay the fine of $250 and Operational Costs
of $50.
2. Case SO 146425 - BCC vs. Stuart McFetrid!!e
3
May 6, 2005
This hearing was requested by the Defendant who was not present, but submitted a letter.
Bill Helms, Sheriffs Officer was present.
March 29,2005 Deputy Helms found vehicle parked in the Handicap access in the
Walgreen's parking lot in the Berkshire Commons.
According to Mr. McFetridge's letter, he did not feel he interfered with the parking
spot. He parked in the crosswalk beside the Handicap parking area. The Defendant
was found GUILTY of Ordinance Sec. 130-67, Handicap Parkblg Violation. The
Defendant was ordered to pay the fine of $250 and Operational Costs of $50.
4. Case SO 133474 - BCC vs. Naples Nissan
This hearing was requested by the Defendant. Michael Hurley, a lot attendant doing
deliveries for Naples Nissan, was present.
Donald Lothrop, Issuing Officer was present.
A citation was written for a vehicle parking in front of the Government Administration
Building in the fire lane.
The Defendant stated he had been told by the Tax Collector's office pennission had been
granted to park in that area for deliveries.
Robin Sizemore, Supervisor for Motor Vehicle Dept., from the Tax Collector's office,
was in attendance on another issue and related the fire lane in front ofthe Tax Collectors
office is used for inspections of out-of-state vehicles and stated the assumption was that
the dealers can park there also.
Officer Lothrop stated the Defendant was parked further down by the mailboxes. The
Defendant stated there were vehicles parked in front of the Tax Collectors office so he
parked further down. An employee of Naples Nissan infonned the Defendant she had
been told by the Tax Collectors office it was alright to park in that area.
Adjudication was withheld in this case in light of its circumstances.
Mr. Bonanno was asked to contact the Sheriffs Office and Tax Collectors Office to
establish a policy to follow in the future.
5. Case SO 245152 - BCC vs. Juan Acevedo
This hearing was requested by the Defendant who was not present.
Lawrence Keller, Issuing Officer was present.
A truck was partially parked in the access area at Sam's Club, finding it difficult for
anyone to park in the Handicapped area. Photos of the area and Defendants truck were
shown.
The Defendant was found GUILTY of Ordinance sec. 130-67, Handicap Parking
Violation. The Defendant was ordered to pay a fine of $250 and Operational Costs of
$50.
4
May 6, 2005
6. Case SO 145197 - BCC vs. Marv Ann Williams
This hearing was requested by the Defendant who was not present. (A letter ffom her
attorney was received along with colored copies of her placard)
Lawrence Keller, Issuing Officer was present.
Officer Keller was patrolling at the Hollywood Theatre and noticed a handicap placard
that looked like the date had been tapered with.
The Defendant was found NOT GUILTY of Ordinance sec. 130-67.
7. Case SO 135557 - BCC vs. Robin Sizemore
This hearing was requested by the Defendant, who was present.
Deputy Lapiere, Issuing Officer, was present.
On March 29,2005 a ticket was given for parking in an unlawful parking area at the
Government Complex. Since that time, it has been designated a parking area. He quoted
part of the County Ordinance concerning parking areas. He noted it is also on a drainage
area and was concerned about flooding.
The Defendant has parked there for some tirne and had never been told it was an illegal
parking area. There seems to be some confusion on the area. Photos of the area were
shown.
Deputy Lapiere stated Mr. Skip Camp, Facilities Manager, is going to address the parking
situation at the Government Complex.
There were no yellow markings designated in the area. Deputy Lapiere suggested
dismissing the case due to the circumstances of the situation.
The Defendant was found NOT GUILTY of Ordinance sec. 130-66. Mr. Bonanno was
asked to contact Mr. Camp for direction on the parking situation.
9. Case SO 147661 - BCC vs. Leona Warneke
This hearing was requested by the Defendant, who was present.
Lt. Gunkle, Issuing Officer was not present.
Citation SO 147661 was DISMISSED.
10. Case SO 136153 - BCC vs. Dorothv Verrastro
This hearing was requested by the Defendant, who was not present.
Leeann Whitney, Issuing Officer was present.
On March 27, 2005 found Defendant parked in an unlawful area in the Vanderbilt Beach
parking lot with 3 "No Parking Signs" in clear view.
Finding the Notice of Hearing was properly given and received, the Defendant was
found GUILTY of Ordinance sec. 130-66, Unlawful Area Violation. The Defendant
was ordered to pay afine of$30 and Operational Costs of$50.
5
May 6, 2005
14. Case SO 139462 - BCC vs. Havdee Larralde
This hearing was requested by the Defendant who was not present.
Deputy Cochran, Issuing Officer, was present.
On February 22,2005 a vehicle with no tag was parked in a clearly marked handicap
parking area in River Reach. No placard or tag was observed in view.
Finding the Notice of Hearing was properly given and received, the Defendant was
found GUILTY of Ordinance sec. 130-67. The Defendant was ordered to pay afine of
$250 and Operational Costs of $50.
15. Case SO 141107 - BCC vs. Jerrv Miller
This hearing was requested by the Defendant, who was present.
Deputy Bradley, Issuing Officer was present.
On March 23,2005 Deputy Bradley noticed a vehicle parked in a handicap access area by
Home Depot. After trying to locate the owner, the Deputy did notice a handicap placard
in the vehicle.
The Defendant pleaded guilty with an explanation. He was hoping the Special Master
would be sympathetic as he had surgery on his back and had difficulty walking.
The Officer was willing to have the fine reduced to $30.
The Deputy and the Defendant present a stipulation of a guilty fee with a reduction in
fines to $30.
The Defendant was found GUILTY of Ordinan ce 130-67 as stated in citation SO
141107. Thefine was reduced to $30 due to the circumstances of this case.
Operational Costs were waived by Mr. Bonanno.
18. Case CE 0421 - BCC vs. William Amantia
This hearing was requested by the Defendant who was not present but submitted written
testimony.
Ronald Martindale, Code Enforcement Investigator was present.
On March 16, 2005 a citation was issued for a vehicle found parked on 11 Oth Ave. North
- blocking a view of an exit of a local shopping center. Over 40 citations have been
written in that area.
In the Defendant's letter he related his wife's car was parked across the street from his
house because a UPS truck was parked half across their driveway. They stated they have
called Code Enforcement because previously others have parked in their driveway.
The Defendant was found GUILTY of Ordinance sec. 130-66, unlawful area violation.
The Defendant was ordered to pay afine of$30 and Operational Costs of$50.
6
...----....--
------.--,
May 6, 2005
19. CE 0744 - BCC vs. Dawn Leblanc
This hearing was requested by the Defendant who was not present. Mr. Bonanno spoke
with her but did not receive a reply.
Everildo Ybaceta, Code Enforcement Investigator was present.
Multiple violations were found in the area of Franklin and Tamiami Trail between Rooms
to Go and Best of Everything. Pictures were shown of other vehicles parked in the
right-of-way. Have been many accidents with over 100 tickets issued within the last two
months.
Finding the Notice of Hearing was properly given and received, the Defendant was
found GUILTY of Ordinance sec. 130-66 and ordered to pay afine of$30 and
Operational Costs of $50.
20. Case CE 0337 - BCC vs. Norman Erickson
This hearing was requested by the Defendant who was present.
Sondra Dinicola, Code Enforcement Investigator was present.
On April 16, 2005 a citation was issued for a gold Mazda that was parked in the right-of-
way.
The Defendant stated he did not know the lawn in front of his house was the right-of-
way.
The Defendant was found GUILTY of Ordinance sec. 130-66 and ordered to pay a fine
of $30 and Operational Costs of $50.
BREAK - 10:40 AM
RECONVENED - 11 :02 AM
21. Case 2004070513 - BCC vs. Shadi of Naples. Inc. - Maksudar Rahman. MD
Ree:istered Ae:ent
This hearing was requested by Andrew Wuhrer, Code Enforcement Investigator, who
was present.
The Defendant, President and Owner of the Company, was present.
This case started in July 2004 and entails a canopy and sign color with permits.
Calls have been made to the sign company and they stated the problems will be corrected.
As of March 28,2005 no permits had been obtained. Gary Hicks, with International
Sign Company, has agreed the problem will be taken care of within 60 days.
The Defendant was found GUILTY of Ordinance sections 2.02.03, 10.01.00, 10.02.06
(B) (2) (A) of2004-41 as amended. The Defendant was ordered to obtain a Certificate
of Completion for the canopy by July 6, 2005, and a Certificate of Completion for the
Ground Sign by November 6, 2005 or a fine of $50 a day will be imposed for each day
the violation remains thereafter. Operational Costs of $230. 46 was also imposed.
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May 6, 2005
22. Case 2005010906 - BCC vs. Crossroads Market. Inc. - Anthonv Catalano.
Re2:istered A2:ent
This hearing was requested by Robert Cruz, Code Enforcement Investigator, who was
present.
The Defendant was not present.
Upon checking a Walgreen's sign at the Crossroads Market, it was found the pennit had
been canceled. Notice of Violation was sent. Contact had been made initially, but no
pennits have been applied for to date.
Finding the Notice of Hearing was properly served, the Defendant was found GUILTY
of Ordinance sec. 5.06.06(C) (2) and 10.02.06 of Ordinance 2004-41 as amended and
ordered to obtain a permit by May 23rd, 2005 and complete the process by July 21,
2005 with obtaining a Certificate of Completion or afine of $50 per day will be
imposed for each day the violation remains thereafter. Operational Costs of $1 06.44
were imposed and to be paid by July 21, 2005.
23. Case 2005030931 BCC vs. Victoria Uber
This hearing was requested by John Santafemia, Code Enforcement Investigator.
The Defendant was not present.
On March 18, 2005 a complaint was received concerning trash cans at the curb,
unlicensed vehicles and a possible rental violation at 3018 42nd St. SW in Golden Gate
City. A site inspection was done with no contact made. During the month of April,
several site inspections were made without contact, the trash cans had been removed, but
another unlicensed vehicle was on the property.
Finding the Notice of Hearing was properly served; the Defendant was found GUILTY
of Ordinance sec. 2.01.00 (A) of Ordinance 2004-41 as amended. The Defendant was
ordered to obtain valid license plates for all vehicles, store them in an enclosed
building, or remove them from the property by May 17, 2005 or a fine of $100 per day
will be imposed for each day the violation remains thereafter. The Defendant is to
notify Investigator Santafemia when the violations have been abated. Operational
Costs of $116.69 were also imposed.
24. 2005040615 BCC vs. Peter C. Amidon Tr. Utd 5-9-91
This hearing was requested by Robert Mangiante, Code Enforcement Investigator, who
was present.
The Defendant, Peter Amidon was present.
The Defendant failed to register rental property stating it is not his property but his son's
held in a Trust. According to the Tax Collector's office the owner is of the property is
Peter Amidon.
The Defendant, Peter Amidon, responded the property has been in the Trust for 13 years
under the Trust, but has not been recorded as of yet as a credit rating is an issue. He
8
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May 6, 2005
stated his Attorney, Doug Rankin advised him it is not a rental. The SOn is taking the
mortgage for the home as a deduction on his income taxes.
A letter and other legal papers were examined by Special Master Garretson in which none
referred to the land in question. After review, a document entitled "Disposition of
Tangible Personal Property" pursuant to Florida Statute 732.515 was found to be invalid
as parts of it state the house and land are tangible personal property. (Cannot transfer
real property by something labeling it as tangible personal property) The letter states
Peter Amidon is the Owner ofthe property in question.
If the property is occupied by someone other than the owner, it needs to be registered as
rental property.
The Defendant was found GUILTY of Ordinance sections 7 (2) of Ordinance 2004-58
and ordered to come into compliance by Monday, May 9,2005 or afine of $50 per day
will be imposed for each day the violation remains thereafter starting from April 14,
2005. The Defendant will Transfer the Property or fill out the Relltal Registration for
$30 by May 9,2005; or file all appeal through the circuit court. Operational Costs of
$111.55 were imposed.
25. Case 2005040098 BCC vs. Juan Jose Abasolo
This hearing was requested by Robert Mangiante, Code Enforcement Investigator, who
was present.
The Defendant was also present. Anna Garcia was translating.
This is a second offense of converting his garage into living quarters. Paperwork was
reviewed. A $500 immediate fine was recommended.
The Defendant stated the dwelling is framed and almost finished - just needs two outlets
and wants to comply, but can't afford to pay $500.
The Defendallt wasfoulld GUILTY of Ordillan ce see 10.02.06 (B) ofOrdillance 2004-
41 as amended alld ordered to pay afine of$250 by June 6, 2005 and obtain the proper
permits; inspectiolls and Certificate of Completion by JUlie 6, 2005 or a fille of $1 00
per day will be imposed for each day the violation remains thereafter. Operational
Costs of$111.55 were also imposed to be paid by June 6, 2005.
27. Case 2003100457 - BCC vs. Julia Gonzalez
This hearing was requested by Shawn Luedtke, Code Enforcement Investigator, who was
present.
The Defendant was not present.
This is a permitting issue with conversion of interior of house. Posted Notice of Hearing
and have abated the violation. All permits and Certificate of Occupancy has been
obtained.
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May 6, 2005
Finding the Notice of Hearing was properly served the Defendant was to have been in
violation prior to this hearing, but has since come into compliance. Operational Costs
of$194.31 were imposed to be paid by June 6,2005.
28. Case 2005030527 - BCC vs. Martha Hetzel and LaDona Sue Bvers
This hearing was requested by Shawn Luedtke, Code Enforcement Investigator, who was
present.
The Defendants were also present.
Both owners agreed to stipulate to the violation of weeds and litter on the property.
The Defendants responded they will take care of the violation.
The Defendants were found GUILTY of Ordinance sections 6, 7 and 11 of Ordinance
99-51 and ordered to come into compliance by clearing the litter and weeds from the
property by June 6, 2005 or a fine of $50 per day will be imposed for each day the
violation remains thereafter. Operational Costs of $1 06.22 were also imposed.
29. Case 2005030527 - BCC vs. Wells Fanw Bank - Ed Vanskvver. Mt!r.
This hearing was requested by Shawn Luedtke, Code Enforcement Investigator, who was
present.
The Defendant was also present.
Investigator Luedtke responded there was a stipulation with obtaining pennits for
renovation and a Certificate of Occupancy. This case involves Fire Damage to the
interior ofthe property located at 4465 19th Avenue SW.
The Defendant was found GUILTY of Ordinance sec. 6 (9,11,12, of Ordinance 2004-
58 as amended and accepted the stipulation as stated by Investigator Luedtke which is
to obtain a Demolition permit or building permit to repair by August 6, 2005 or a fine
of $1 00 a day will be imposed every day thereafter.
Defendant must obtain a Certificate of Occupancy/Completion by May 6, 2005 or a
fine of $1 00 a day will be imposed for each day the violation remains thereafter.
Operational Costs of $324.57 were imposed.
30. Case 2005010460 - BCC vs. William and Lola Overton
This hearing was requested by Joseph Thompson, Code Enforcernent Investigator, who
was present.
The Defendants were also present.
The Defendants have agreed to a stipulation of removing the plumbing and air-
conditioning improvements and have the electrical improvements pennitted in
accordance to FEMA's requirements.
The Defendants were found GUILTY of Ordinance sec. 1.04.01 of Ordinance 2004-41
as amended and ordered to come into compliance by removing of the plumbing and
10
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May 6, 2005
air-conditioning improvements by July 6, 2005 and have the electrical permitted
according to FEMA's requirements and Certificate of Completion by July 6, 2005, or a
fine of $50 a day will be imposed for each day the violation remains thereafter.
Operational Costs of$182.19 were also imposed. The Defendants will be in contact
with Investigator Thompson when the violations are abated.
31. Case 2005020443 - BCC vs. Rafael Morales and Juana Perez
This hearing was requested by Joseph Thompson, Code Enforcement Investigator, who
was present.
The Defendants were not present.
The violation is a garage converted to living space without required permits.
The Defendants were present this morning, but had to leave before their case was heard.
Investigator Thompson claimed that a stipulation had been reached between the parties
and he presented that arrangement.
Investigator Thompson stated he had given 30 days to apply for permits, get inspections
and Certificate of Occupancy for the conversion of garage into living space. The
Defendant agreed to the stipulation through a translator.
The Notice of Hearing was properly served as the Defendant was in attendance earlier
and needed to leave for her place of employment. The Defendant was found GUILTY
of Ordinance sec. 10.02.06 (B) (1) (A) of Ordinance 2004-41 as amended secs. 104.1.1
and 105.5 of Ordinance 2002-01 amended the FBC. The Defendant was ordered to
obtain the proper permits, inspections and Certificate of Occupancy by June 6, 2005 or
afine of$50 a day will be imposed for each day the violation remains thereafter.
Operational Costs of $143.75 were also imposed.
32. 2005020681- BCC vs. Jesus & Michelle Herrera for Leo Jr. Law & Irri2ation
Service. Inc.
This hearing was requested by Joseph Thompson, Code Enforcement Investigator, who
was present.
The Defendants were present. (Mike Landy - assisting Michelle Herrera)
The violation in this case is illegal land use, with the operation of this company being
conducted at 183 Price Street without the required Site Improvement Plan.
Agreed to a Stipulation - a Site Improvement Plan application needs to be done within 30
days and completed within 90 days.
The Defendants were found GUILTY of Ordinance sec. 1.04.01 of Ordinance 2004-41
as amended and ordered to submit a the Site Improvement Plan by June 6, 2005 and be
completed and approved by August 6, 2005 or a fine of $50 per day will be imposed for
each day the violation remains thereafter. Operational Costs of $138. 04 were also
imposed.
BREAK-12:10 PM
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May 6, 2005
RECONVENED - 12:25 PM
33. Case 2005030605 - BCC vs. Jose Orteea
This hearing was requested by Everildo Ybaceta, Code Enforcement Investigator who
was present.
The Defendant was not present.
No contact has been made with Jose Ortega, the owner. The tenant was issued a Notice
of Violation and also mailed to the owner. Return receipt has been received, but no
COntact has been made with the Defendant. Pictures of the abundant amount of debris
and litter were shown.
Finding the Notice of Violation was properly sent the Defendant was found GUILTY of
Ordinance sec. 6 & 7 of Ordinance 1999-51 and ordered to remove all litter by June 7,
2005 or a fine of $150 a day will be imposed for each day the violation remains
thereafter. If the violation exists after June 7, 2005, the County may hire a Contractor
to abate the violation. These costs would be assessed to the property owner.
Operational Costs of$104.42 were also imposed.
34. Case 2004060665 BCC vs. Jean Clause Martel
This hearing was requested by Everildo Ybaceta, Code Enforcement Investigator, who
was present.
The Defendant was also present.
The case involves litter at 3000 Karen Drive, Naples.
The Defendant has agreed to clean his property oflitter on Karen Drive. Pictures of the
area were shown into evidence.
The Defendant responded it is 98% clean now. He claims the litter is from others and
owns 7 other properties.
The Defendant was found GUILTY of Ordinan ce sec. 7 of Ordinance 1999-51 and was
ordered to come into compliance by cleaning the litter by May 16,2005 or pay afine of
$150 a day will be imposed for every day the violation remains thereafter. The
Defendant will contact the Investigator Ybaceta when the violation is abated.
Operational Costs of $152. 29 were imposed and ordered to be paid by May 16,2005.
35. Case 2005020181 - BCC vs. Saint Louise Moise
This hearing was requested by Everildo Ybaceta, Code Enforcement Investigator, who
was present.
The Defendant was present.
Pictures were shown of litter and debris on the property. A storage shed had been built
illegally and tom down, therefore an abundant amount of lumber on the property. As of
April 22, 2005 the litter remained.
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May 6, 2005
The Defendant responded most of it is cleaned up and removed and wishes to apply for
the proper pennits to rebuild the shed.
The Defendant was found GUILTY of Ordinance sec. 7 of Ordinance 1999-51 and
ordered to remove the litter from the property and stack the wood neatly by May 16,
2005 or pay afine of$150 will be imposed for everyday the violation remains
thereafter. If the violation exists after June 7, 2005, the County may hire a Contractor
to abate the violation. These costs would be assessed to the property owner.
Operational Costs of $115.77 were also imposed.
36. Case 2005020799 - BCC vs. AU2:ust & Kathleen Valenta
This hearing was requested by Larry Schwartz, Code Enforcement Investigator, who was
present.
The Defendant was also present.
The Violation in this case is a garage converted to living area without required pennits.
A Stipulation was agreed upon by the Defendant to obtain a Demolition or Certificate of
Occupancy pennit by June 21,2005.
The Defendant was found GUILTY of Ordinan ce sec. 10.02.06 (B)(J)(A)(B)(l)(D) of
Ordinance 2004-41 as amended and ordered to obtain all permits (Building or
Demolition) and process through a Certificate of Occupancy/Completion by August 6,
2005 or a fine of $1 00 a day will be imposed for every day the violation remains
thereafter. The Defendant will notifY Investigator Schwartz when the violation has
been abated and proper permits obtained. Operational Costs of $133.73 were also
imposed.
37. 2005020091- BCC vs. Jack & Muriel Flovd
38. 2005020092 - BCC vs. Jack & Muriel Flovd
This hearing was requested by Larry Schwartz, Code Enforcement Investigator, who was
present.
The Defendants were present but left before their case was heard.
Both cases involve excessive litter. Case 2005020091 location is 11466 Laertes Lane.
Case 2005020092 location is 11444 Laertes Lane.
A Stipulation was agreed upon with the Defendants to come unto compliance with the
litter violation by removing and disposing of it.
The Defendants had received the Notice of Hearing and were present earlier agreeing
to the Stipulation. The Defendants were found GUILTY of Ordinance sec. 6 of
Ordinance 1000-51 in both cases and ordered to come into compliance by removing all
litter by June 21,2005 or a $75 fine imposed for every day the violation remains
thereafter. The Defendant will notifY Investigator Schwartz when the violation has
been abated. Operational Costs of$145.26for Case 2005020091 and $151.03 for case
2005020092 were also imposed.
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May 6, 2005
39. 2005010536 BCC vs. William & Dawn Csol!i
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was present.
The violation is the construction of an arbor-like structure without required permits.
The Defendant has agreed to a Stipulation concerning the arbor-like structure and has
obtained the "Express Permit" and will obtain the other document.
The Defendant agreed to a Stipulation and was found GUILTY of Ordinance sec.
10.02.06 (B) of Ordinance 2004-41 as amended and secs. 104.1.1, 105.5 & 106.1.2 of
Ordinance 2002-01 amending the FBC and ordered to apply for the required building
permit by May 20, 2005, or a fine of $50 per day will be imposed for each day the
violation remains.
The Certificate of Completion must be obtained by June 20, 2005 or a fine of $50 a day
was imposed for each day the violation remains thereafter. Operational Costs of
$121.44 were also imposed. The Defendant is to notify Investigator Olney when the
violation is abated.
40. Case 2005010536 - BCC vs. Martin & Louisiana Mena
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendants were not present.
The violation consists of a boat in the side yard at 2572 River Reach Drive.
The Defendants were in attendance earlier and are in compliance with removing the boat
from their property. Their mailing address is: 3819 Recreation Lane, Naples 34116.
The Defendants agreed to a stipulation and were found GUILTY of Ordinance sec.
2.01. 00 (B) of Ordinance 2004-41 as amended the violation having existed but now in
compliance. Operational Costs of$110.10 were imposed to be paid by June 6, 2005.
42. 2004020181 - BCC vs. Fatima Cal!ran
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was present.
The violation consists of remodeling without required permits.
A stop work order was issued on the property of a Citgo Gas Station on Davis for
remodeling. A Site Development Plan is needed in order to proceed. Defendant has
agreed to a Stipulation of obtaining a SDP by May 20,2005.
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May 6, 2005
The Defendant agreed to a Stipulation and was found GUILTY of Ordinance secs.
2.7.6.1 & 2.7.6.5 of Ordinance 91-102 as amended and Sec. 104.1.1, of Ordinance
2002-01 amending the FBC and ordered to apply for the Site Development Plan by
May 20,2005 or a $50 a day fine was imposedfor every day the violation remains
thereafter. Operational Costs of$170.69 were also imposed.
43. Case 2005010687 - BCC vs. AI'D F. Favard. JR.
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
The violation consists of several unlicensedlinoperable vehicles located at 90 I Airport
Road South.
Officer Olney testified that the property is in compliance as of today.
Finding Notice of Hearing was properly sent, the Defendant was found GUILTY of
Ordinance sec. 1.04.01 & 2.02.03 of Ordinance 2004-41 as amended butfound in
compliance as of to day's proceedings. Operational Costs of$121.44 were imposed to
be paid by June 6,2005.
44. Case 2005020677 - BCC vs. Joanne Davidson Turner
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
This violation consists of several unlicensed vehicles.
Investigator Olney testified that the Defendant claims to be having trouble licensing one
of the vehicles because it is registered out of state. Investigator Olney stated that he
spoke with the Defendant, who claims that the other vehicle will be tagged by Monday
May 9,2005.
Finding Notice of Hearing was properly sent, the Defendant was found GUILTY of
Ordinance 2004-41 as amended section 2.01.00 (A) by affIXing valid tags to both
vehicles, removing both vehicles, or enclosing both vehicles in a completely enclosed
structure by May 20, 2005 or a fine of $50 a day was imposed for each day the violation
remains thereafter. Operational Costs of$103.53 were also imposed to be paid by May
20, 2005.
45. Case 2005010143 - BCC vs. Michael J. Micelli
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
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May 6, 2005
The Defendant owns property at 4600 Gulf Stream Drive. An interior wall was
constructed without required permits.
Finding Notice of Hearing was properly sent; the Defendant was found GUILTY of
Ordinance 2004-41 sec. 10.02.06 and Ordinance 2002-01, sec. 104.1.1 and ordered to
obtain a Demolition Permit, or a building permit on or before by May 20, 2005 or a
fine of $1 00 a day was imposed for each day the violation remains.
A Certificate of Completion/Occupancy must be obtained by June 20, 2005 or a fine of
$100 a day was imposed for each day the violation remains thereafter.
Operational Costs of$132. 79 was also imposed to be paid by May 20,2005.
46. Case 2004040270 - BCC vs. Ann Chamberlain
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
The Violation consists of a screen enclosure converted into living space without required
permits.
Investigator Olney state that this violation has been abated as of today.
Finding Notice of Hearing was properly given, the Defendant was found GUILTY of
Ordinance sec. 2.7.6.1 & 2. 7.6.5.A of Ordinance 91-102 as amended but found to be in
Compliance as of the date of these proceedings. Operational Costs of $222.64 were
imposed to be paid by June 6, 2005.
47. Case 2005020961- BCC vs. Michael D. Rvon
48. Case 2005030121 - BCC vs. Michael D. Rvon
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
The violation in case 2005020961 consists of several unlicensed/inoperable vehicles.
The violation in case 2005030121 consists of the Defendant's failure to register several
rental properties on Estey Ave.
Investigator Olney testified that I of the 2 vehicles in violation in case 2005020961 has
been properly tagged and is now incompliance
Finding Notice of Hearing was properly given for Case 2005020961, the Defendant
was found GUILTY of Ordinance sec. 2.01.00(A) of Ordinance 2004-41 as amended,
and is ordered to license/remove/completely enclose the remaining vehicle, has brought
one vehicle into compliance and has agreed to bring the other vehicle by May 13,2005,
or afine of$75 a day will be imposed for each day the violation remains thereafter.
Operational Costs of$110.10 were also imposed.
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May 6, 2005
Finding Notice of Hearing was properly given for Case 2005030121, the Defendant
was found GUILTY of Ordinance sec. 7 of Ordinance 2004-58 and ordered to register
all properties by May 13,2005, or afine of$75 a day will be imposed for each day the
violation remains thereafter. Operational Costs of$110.10 were also imposed. (Total
Costs to be paid by June 6, 2005 = $220.20)
49. Case 2005020698 - BCC vs. Naples South Realty-Zach Ben!. Ref!istered Af!ent
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present.
At Naples South Plaza, a trash dumpster was not screened on three sides according to
Collier County Code. Investigator Olney testified that he has spoken to the Defendant
who is in Miami, and he has stated it will be done in a week.
Finding Notice of Hearing was properly given, the Defendant was found GUILTY of
Ordinance sec. 5.03.04(E) of Ordinance 2004-41 as amended, and ordered to (1)
enclose the dumpster in accordance with the Ordinance on or before May 16, 2005.
(2) The Defendant must obtain the proper permits, if required, to complete the
enclosure. Ifpermits are required, they must be obtained and processed through a
Certificate of Completion by May 16, 2005.
If Items 1 and 2 are not completed by May 16, 2005, a fine of $50 per day will be
imposed for each day the violation(s) remain thereafter.
Operational Costs of$110.10 was imposed and to be paid by June 6,2005.
50. Case 2004080776 - BCC vs. Endless Summer Estates. LLLP - Harold Ref!an.
Ref!istered Af!ent - Larry Mettetal
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendant was not present and left before his case could be heard.
The Defendant was cited for a violation of pennitting a screen enclosure beside a mobile
home in the Summer Estates RV Park on Radio Road. It was also found the Defendant
was also in violation for not pennitting the mobile home itself. Investigator Olney
claimed that Mr. Mettetal was in attendance earlier and agreed to a Stipulation of
applying for the proper pennits.
Finding Notice of Hearing was properly given, the Defendant was found GUILTY of
Ordinance sec. 10.02.06(B) of Ordinance 2004-41 as amended & secs. 104.1.1 &
104.1.3.5 & 106.1.2 of Ordinance 2002-01 amending the FBC and ordered to obtain all
required permits for the mobile home and addition to the mobile home by June 2, 2005
or a fine of $50 will be imposed for each day the violation remains thereafter. The
Defendant was also ordered to obtain Certificates of Occupancy/Completion for all
permits by July 2nd, 2005 or a fine of $50 will be imposed for each day the violation
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May 6, 2005
remains thereafter. Operational Costs of$159.34 were imposed, to be paid by July 2,
2005.
51. Case 2004080900 - BCC vs. Geor2:e & Elizabeth Svrovv
This hearing was requested by John Olney, Code Enforcement Investigator, who was
present.
The Defendants were not present.
The Defendant failed to register rental property located at 6825 Grenadier Blvd. Notice
of Violation was hand delivered to the Agent - Resort Quest/Naples Marco
Accommodations. The property is a high rise on the gulf. The Defendant is out of State
and has not come into compliance since August, 2004.
Finding Notice of Hearing was properly given, the Defendant was found GUILTY of
Ordinance sec. 7 of Ordinance 2004-58 and ordered to renew the rental registration by
May 13, 2005 or a fine of $30 per day will be imposed for each day the violation
remains thereafter. Operational Costs of $151.39 were imposed to be paid by June 6,
2005.
3. Comments: None
4. Next Meeting Date: June 3, 2005
**********
There being no further business for the good of the County, the Hearing was
adjourned by order of the Special Master at 1 :38 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonanno, Secretary to the Special Master
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