Spec Master Minutes 06/03/2005
June 3, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, June 3, 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 a.m., 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: Janet Powers, Code Enforcement
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: JUNE 3, 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
2. PUBLIC HEARINGS
A. MOTIONS
1. Motions for Re-Hearing
1.
2.
3.
BCC VS. Edwin Watts Golf
BCC vs. Naples South Realty
BCC vs. Taylor Square Venture - Roberto Bollt
Continued from 12/22/2004
CO 2004090845
2005020698
2004100813
1.
2. Request for a Reduction of Fines
BCC VS. Flora Suvirana
B. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CO 2004090146
SO 139205
JASON GREEN
JOHN BORCHERS
ORD. SEC. 130-67
HANDICAP PARKING VIOLATION
CE 1763
ALAN KUHRE
JOSEPH THOMPSON
ORD. SEe. 130-66
RIGHT-OF-WAY PARKING VIOLATION
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CO 2004080759
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
CONTINUED FROM 4/1512005
CO 2004060657
DAVIS BOULEVARD PLAZE, LLC - HENRY HOLZKAMPER, REG. AGENT
SHERRY PATTERSON
ORDINANCE 04-41, SEe. 5.05.05(C)(5)(L)(III)(A)
PLAZA EXTERIOR, PARKING STOPS AND SIDEWALK PAINTED AN
UNAPPROVED COLOR
CONTINUED FROM 4/15/2005
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
CONTINUED FROM 4/15/2005
2005030777
TODD & CHERYL WAGGONER
JOHN OLNEY
SECTION 2.02.03 OF ORDINANCE 2004-41 AS AMENDED
UNPERMITTED SHED AND STORAGE CONTAINER
2005010209
CHRISTY PATENAUDE & GABRIEL DE ROSE
SHAWN LUEDTKE
SECTION 5 OF ORDINANCE 2003-37
CONCRETE PAD IN RIGHT-OF-WAY
CONTINUED FROM 4/15/2005
2005020112
FRANK LAGONIGRO & BENJAMIN SUGLIN, TR
RONALD MARTINDALE
SECTION 5 OF ORDINANCE 2003-37
FAILED CULVERT PIPE
CONTINUED FROM 5/6/2005
200504113 8
JACQUELINE HUMES
JACK FORDHAM
SECTION 2.01.00 OF ORDINANCE 2004-41 AS AMENDED
COMMERCIAL VEHICLE IN RESIDENTIAL DISTRICT
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
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:
2005020439
STEPHEN CRAWFORD
EVERlLDO YBACET A
SECTIONS 1.04.01 AND 2.01.00 OF ORDINANCE 2004-41 AS AMENDED
INOPERABLE/UNLICENSED VEHICLE
2005040105
MAGDALENA LOPEZ
EVERlLDO YBACET A
SECTION 1.04.01,2.01.00 AND 4.05.03 OF ORDINANCE 2004-41 AS AMENDED
INOPERABLE/UNLICENSED VEHICLE
2005040106
MAGDALENA LOPEZ
EVERlLDO YBACET A
SECTION 7 OF ORDINANCE 99-51
ACCUMULATION OF LITTER
2005040533
MEREST EXILHOMME & VENITE EDOUARDO
EVERlLDO YBACETA
SECTIONS 1.04.01 AND 2.01.00 OF ORDINANCE 2004-41 AS AMENDED
INOPERABLE/UNLICENSED VEHICLE
2005040747
DA VE MOBLEY
JOSEPH THOMPSON
SECTION 8 OF ORDINANCE 99-51
DUMPING
2005031361
CURRENT BUILDERS CONSTRUCTION MANAGEMENT
CHRISTOPHER AMBACH
SECTION 104.5.6 OF ORDINANCE 2002-01 AS AMENDED
CONSTRUCTION BEYOND PERMITTED TIMES
2005020424
MARIE MICHELINE LAFRANCE
ED MORAD
SECTION 2.6.7.1.1 OF ORDINANCE 91-102
SECTION 2.01.00 OF ORDINANCE 2004-41 AS AMENDED
INOPERABLE/UNLICENSED VEHICLES
2005040566
EDWARD & RUTH DIBENE
HEA THER GRIMSHAW
SECTION 103.11.2 OF ORDINANCE 2004-41 AS AMENDED
POOL SAFETY
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005030878
STEPHEN W. SCHESSLER
HEATHER GRIMSHAW
SECTION 2.01.00 OF ORDINANCE 2004-41 AS AMENDED
INOPERABLE/UNLICENSED VEHICLES
2004120483
MANUEL LAMOGLIA
HEINZ BOX
SECTION 10.02.06 OF ORDINANCE 2004-41 AS AMENDED
SECTION 103.11.1, 104.1.1 AND 106.3.1 OF ORDINANCE 2002-01
IMPROVEMENTS WITHOUT PERMITS
2004070488
COLLIER REALTY CORPORATION - JAMES KARL III, REG. AGENT
ANDREW WUHRER
SECTION 10.02.06 OF ORDINANCE 2004-41 AS AMENDED
UNPERMITTED POLE SIGN
2004090246
KEITH KOZIA TEK
JOHN SANT AFEMIA
SECTION 2.7.6.1 AND 2.7.6.5A OF ORDINANCE 91-102 AS AMENDED
SECTION 104.1.1 OF ORDINANCE 2002-01
GARAGE CONVERTED INTO LIVING SPACE WITHOUT PERMITS
2005020227
FERNANDO GUTIERREZ
JOHN SANT AFEMIA
SECTION 10.02.06 OF ORDINANCE 2004-41 AS AMENDED
SECTION 104.1.1 OF ORDINANCE 2002-01
GARAGE CONVERTED INTO LIVING SPACE WITHOUT PERMITS
2004100228
DAVID CROCKETT JONES III
TRA VIS SNODERL Y
SECTION 2.02.03,10.02.06 AND 10.07.00 OF ORDINANCE 2004-41
UNPERMITTED POLE SIGN - PERMIT NUMBERS NOT DISPLA YED
2005010468
CORA SNEIBRUN
JEFF LETOURNEAU
SECTION 10.02.06 OF ORDINANCE 2004-41 AS AMENDED
GAZEBO/ CANOPY AND SHED CONSTRUCTED WITHOUT PERMITS
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. COMMENTS
4. NEXT MEETING DATE
JULY 1,2005
5. ADJOURN
2004020378
SANG & SOUNITT A BACCAM AND JANET LIEMTHONG ET AL
JEFF LETOURNEAU
SECTION 1.5.6, 2.1.15, 2.7.6.1 AND 2.7.6.5 OF ORDINANCE 91-102 AS AMENDED
SECTION 6, 7 AND 8 OF ORDINANCE 99-51
MOBILE HOME WITHOUT PERMITS/ RV USED AS LIVING SPACE
LITTER/UNLICENSED AND/OR INOPERABLE VEHICLES
2004100813
TAYLOR SQUARE VENTURE - ROBERTO BOLL T
JEFF LETOURNEAU
SECTION 5.04.04 OF ORDINANCE 2004-41 AS AMENDED
BUSINESS CONDUCTED WITHOUT OCCUPATIONAL LICENSE NOR A
TEMPORARY USE PERMIT
CONTINUED FROM 12/22/2004
2005020745
JOHN e. EMERY
SONDRA DINICOLA
SECTIONS 10.02.06 OF ORDINANCE 2004-41 AS AMENDED
EXPIRED PERMITS FOR SCREEN ENCLOSURE
June 3, 2005
HEARING OF THE SPECIAL MASTER
JUNE 3, 2005
Hearing Summary
1. Call To Order:
1. The hearing was called to order by Special Master Brenda Garretson
at 8:49 a.m.
2. Hearing rules and procedures were explained by Special Master.
Brenda Garretson.
3. All those testifying at the proceedings did so under oath.
2. Public Hearim!s
A. MOTIONS
1. MOTIONS FOR REHEARING
BCC vs. Edwin Watts Golf - Case No. CO 2004090845
Motion for rehearing will be granted. Matter will be continued to next hearing date of
July 1, 2005. Contact planning staff to see if the change in the sign that was made is a
violation of the ordinance and how the application should be made.
BCC vs. Naples South Realty - Case No. 2005020698
Motion for rehearing will be continued for the 90-day period. Any action on Order to
Comply is stayed for 90 days from today's date.
BCC vs. Tavlor SQuare Venture - Case No. 2004100813
Motion for rehearing was granted. Matter will be heard at the next hearing date of
July 1, 2005.
2. MOTION FOR CONTINUANCE
BCC vs. Collier County Realtv Corp. - Case No. 2004070488
Motion for continuance was granted. Matter will be continued until September docket.
Application for permit should be submitted by August 3,2005.
2. REQUEST FOR REDUCTION OF FINES
BCC vs. Flora Suvirana - Case No. CO 2004090146
Matter will be continued to July 1, 2005 hearing.
BCC vs. Marie LaFrance - Case No. 2005020424
Matter will be continued to July 1, 2005 hearing.
2
June 3, 2005
3. REQUEST FOR EXTENSION OF TIME TO COMPLY
BCC vs. Juan Jose Abasala - Case No. 2005-040098
Extension of time to comply of60 days was granted.
B. HEARINGS
BCC vs. Vera Robert. M.D.. D.O. PA Association - Case No. 2004080759
This hearing was requested by Robert Cruz, Collier County Code Enforcement
Investigator, who was present.
Alan Grossman, Esquire, was present for the Respondent. Dr. Vera Robert was also
present.
It was stipulated and agreed between the parties that the Respondent would pay all
operational costs and abate the violations by removing the sign cabinets and panels
including any electrical components, if there are any, or applying for a sign variance
through Planning within 60 days. Failure to comply with Special Master Garretson's
Order within 60 days would carry a fine of $50 per day. Dr. Roberts would like to be
permitted to keep the pole for possible use as a flag pole. Future removal of pole would
require a demolition permit.
The stipulation between the parties was accepted by Special Master Garretson.
Respondent must contact Code Enforcement Officer so that he/she can ensure
compliance has taken place. Operational costs are $269.28 and are to be paid within
60 days.
BCC vs. Garv & An2:ela Sanch - Case No. 2004070464
This hearing was requested by John Olney, Collier County Code Enforcement
Investigator, who was present.
Greg L. Urbancic, Esquire, ofthe law firm of Goodlette, Coleman & Johnson, P.A., was
present for Respondents. Respondents were not present.
It was stipulated and agreed between the parties that the Respondents, Gary and Angela
Sanch, will apply for a variance by June 24,2005, or a fine of$50 per day will be levied.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs will be imposed in the amount of $162.74 to be paid by June 24,
2005. Respondents must contact Code Enforcement Officer so that he/she can ensure
compliance has taken place.
3
June 3, 2005
BCC vs. Todd & Cheryl Wa220ner - Case No. 2005030777
This hearing was requested by John Olney, Collier County Code Enforcement
Investigator, who was present.
Respondents Todd & Cheryl Waggoner were not present for the hearing but are aware of
and agreed to the stipulation.
It was agreed between the parties to have the shed permitted or removed by June 15,
2005, or a fine of $50 per day will be levied. No demolition permit would be necessary if
shed is removed.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs will be imposed in the amount of $121.44 to be paid by June 15,
2005. Respondents must contact Code Enforcement Officer so that he/she can ensure
compliance has taken place.
BCC vs. Dave Moblev - Case No. 2005040747
This hearing was requested by Joseph Thompson, Collier County Code Enforcement
Investigator, who was present.
Mrs. Pat Mobley, widow of Dave Mobley, was not present.
It was stipulated and agreed between the parties that the lot would be cleaned up in seven
days from today's date or a fine will be assessed of $50 per day. It was also agreed that
Respondent pay operational costs.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs will be imposed in the amount of $115.19 and are payable in seven
days from today's date. Respondent must contact Code Enforcement Officer so that
he/she can ensure compliance has taken place.
BCC vs. Keith Koziatek - Case No. 2004090246
This hearing was requested by John Santafemia, Collier County Code Enforcement
Investigator, who was present.
Keith Koziatek was present.
It was stipulated and agreed between the parties that Respondent will obtain all necessary
Collier County permits for conversion of garage within 45 days of today' s date. Fine of
$50 per day fine will be imposed for each day violation continues. All required
inspections will be obtained, and a Certificate of Occupancy must be obtained within 60
days of this hearing or a $50 per day fine will be imposed. Enforcement officer will be
notified upon completion.
4
June 3, 2005
The stipulation between the parties was accepted by Special Master Garretson.
Respondent must contact Code Enforcement Officer so that he/she can ensure
compliance has taken place. Operational costs of $167.74 will be imposed and must be
paid within 60 days.
BCC vs. Fernando Gutierrez - Case No. 2005020227
This hearing was requested by John Santafemia, Collier County Code Enforcement
Investigator, who was present.
Fernando Gutierrez was not present for hearing.
It was stipulated and agreed between the parties that Respondent will obtain all required
Collier County permits for the conversion within 30 days of this hearing or a fine of $50
per day will be incurred for as long as the violation continues to occur. Required
inspections and Certificate of Occupancy or Completion will be obtained within 60 days
of the date of this hearing or a $50 per day fine will be incurred for as long as the
violation continues to occur. Respondent has agreed to notify the enforcement officer
when he is in compliance. Respondent agrees to pay operational costs.
The stipulation between the parties was accepted by Special Master Garretson.
Respondent must contact Code Enforcement Officer so that he/she can ensure
compliance has taken place. Operational costs will be imposed in the amount of
$152.99 and are required to be paid by within the 60-day period.
BCC vs. Edward & Ruth Dibene - Case No. 2005040566
This hearing was requested by Heather Grimshaw, Collier County Code Enforcement
Investigator, who was present.
Edward & Ruth Dibene were not present for hearing.
It was stipulated and agreed between the parties that Respondents are to pay a fine of
$250. The pool has already been enclosed and Certificate of Occupancy has been
obtained. Respondents have agreed to pay operational costs.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs have been imposed in the amount of $132.79 and must be paid within
30 days.
BCC vs. Current Builders Construction Manae:ement - Case No. 2005031361
This hearing was requested by Christopher Ambach, Collier County Code Enforcement
Investigator, who was present.
Respondent was not present for hearing. Paul Majory, Assistant Project Manager,
Current Builders Construction Management, who was not present at time of hearing,
participated in formulation of the stipulation prior to the hearing.
5
June 3, 2005
It was stipulated and agreed between the parties that Respondents have engaged in
construction beyond permitted times and have agreed to pay a $500 fine and all costs
incurred.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs have been imposed in the amount to $173.08 which must be paid
within 20 days. There are to be no further violations of this type at this site or any
other.
BCC vs. JacQueline Humes - Case No. 2005041138
This hearing was requested by Jack Fordham, Collier County Code Enforcement
Investigator, who was not present. Jack Fordham was represented by David Schribner.
It was stipulated and agreed between the parties that Respondent was in violation;
violation has been abated. There is no fine.
The stipulation between the parties was accepted by Special Master Garretson.
Operational costs of$111.25 have been imposed and must be paid within 20 days.
BCC vs. Mae:dalena Lopez - Case No. 2005040105
This hearing was requested by Everildo Ybaceta, Collier County Code Enforcement
Investigator, who was present.
Magdalena Lopez was not present for the hearing.
It was stipulated and agreed between the parties that Respondent will remove all vehicles
in ten days or be fined and court costs will be paid.
The stipulation between the parties was accepted by Special Master Garretson.
Respondent must remove, make operational or enclose in a structure all vehicles within
ten days or afine of $50 per day will be imposed. Operational costs of$97.85 have
been imposed which must be paid within 30 days.
BCC vs. Mae:dalena Lopez - Case No. 2005040106
This hearing was requested by Everildo Ybaceta, Collier County Code Enforcement
Investigator, who was present.
Magdalena Lopez was not present for the hearing.
It was stipulated and agreed between the parties that Respondent has removed the litter.
It is ordered that the Respondent will pay operational costs in the amount of$97.85
within 30 days.
BCC vs. Merest Exilhomme & Venite Edouardo - Case No. 2005040533
6
June 3, 2005
This hearing was requested by Everildo Ybaceta, Collier County Code Enforcement
Investigator, who was present.
Merest Exilhomme & Venite Edouardo were not present for the hearing.
It was stipulated and agreed between the parties that Respondents will remove unlicensed
vehicle from the property and store it in an enclosed structure within ten days or a fine of
$50 per day will be imposed. Respondents have agreed to pay operational costs.
The stipulation between the parties was accepted by Special Master Garretson. It was
ordered that the unlicensed vehicle will be stored in an enclosed structure or made
operable or licensed within ten days or a fine of $50 per day will be imposed. It is
ordered that the Respondents will pay operational costs in the amount of $92.18 within
ten days. Defendants must contact Code Enforcement Officer so that he/she can
ensure compliance has taken place.
BCC vs. Jason Green - Case No. SO 139205
This hearing was requested by Corporal John Borchers, Collier County Sheriffs
Department, who was present.
Respondent Jason Green was present.
Corporal Borchers issued a citation to Jason Green for parking in a handicapped parking
spot. Jason Green contends parking spot was not clearly marked by an above-ground
sign as a handicapped parking spot and that the lines on the ground needed repainting.
Determination was withheld by Special Master Garretson will go to the site and observe
the parking area in question after which the matter will be determined.
BCC vs. Alan Kuhre Case No. CE 1763
This hearing was requested by Joseph Thompson, Collier County Code Enforcement
Investigator, who was present.
Alan Kuhre was present.
Joseph Thompson issued a citation to Alan Kuhre for illegally parking in a Collier
County right-of-way. Alan Kuhre admits to parking in the right-of-way, but stated the
no-parking signs are confusing and other vehicles were parked in the same area.
The Respondent wasfound GUILTY of violating Ordinance Sec. 130-66. The
Respondent will be required to pay afine of $30 plus operational costs of$50 within 30
days of this hearing.
7
June 3, 2005
BCC vs. Davis Boulevard Plaza. LLC - Henry Holzkamper. Ref!. Af!ent - Case
No. 2004060657, continued from April 15, 2005
This hearing was requested by Sherry Patterson, Collier County Code Enforcement
Investigator, who was present.
Henry Holzkamper was present.
This matter involves Davis Boulevard Plaza at 3053 Davis Boulevard. The exterior of
the business plaza has been painted a predominantly primary or secondary color which
violates the architectural standards and is prohibited. Respondent was served with a
Notice of Violation with a comply-by date of 12/22/05. Respondent has declined to
change the color stating that he has used the same color scheme as that used on Gulf Gate
Plaza. The violation remains to this date. Respondent states that Mission Square is the
identical color scheme as his building. Keith Schamelham, Urban Design and Planning
for Collier County indicated that an error was made in approving the Mission Square
color scheme and that it must be changed when it comes up for repainting.
The Respondent wasfound GUILTY of violating Ordinance 04-41,
Sec. 5. 05. 0(C)(5)(L)(III)(A). Respondent was ordered to repaint the exterior of the
building so that it complies with the Collier County ordinance within 30 days of this
hearing after which afine of$50 per day will be charged. Respondent is ordered to
pay operational costs of $287.25 which must be paid within 30 days. Respondent must
contact Code Enforcement Officer so that he/she can ensure compliance has taken
place. Ifit can be shown that rain prevented timely compliance with this Order, that
will be taken into consideration. Photographs presented by Respondent are marked
Composite Exhibit A and entered into the record.
BCC vs. Christy Patenaude & Gabriel De Rose - Case No. 2005010209, continued
from April 15, 2005
This hearing was requested by Shawn Luedtke, Collier County Code Enforcement
Investigator, who was not present.
Christy Patenaude and Gabriel De Rose were present for the hearing.
Respondents indicated that Shawn Luedtke told them he would not be able to be present
for the hearing, a letter would be sent so indicating, but none was received by
Respondents. Respondents would like to ask questions.
Matter was continued to next hearing date, July 1, 2005
BCC vs. Frank La20ni2ro & Beniamin SUf!lin. TR - Case No. 2005020112,
continued from May 6, 2005
Hearing was requested by Ronald Martindale, Collier County Code Enforcement
Investigator, who was present.
8
June 3, 2005
Frank Lagonigro was present; Benjamin Suglin was not present.
Culvert support wall is leaning severely. Certified letter was sent to property owners on
2/3/05. Did not receive return receipt. House was posted in courthouse on March 15,
2005. Request for extension was received on April 29, 2005, due to health problems of
the owner which was granted at the May 25,2005 hearing. A continuance was granted
until the date of today' s hearing, June 3, 2005. Respondent indicates he is willing to do
the work. Respondent has contacted four different contractors. Respondent is still
pursing matter.
The Respondent wasfound GUILTY of violating Section 5 of Ordinance 2003-37.
Respondent was given 15 days from the date oftoday's hearing to do an application
for permit and 60 days to complete the project. Amount of time given to complete
project will be governed by Special Master Garretson's Order which will supercede the
time given by the permit. After 60 days, there will be a fine of $50 per day until project
is completed. Certificate of Completion must be acquired within 60 days. Operational
costs will be imposed in the amount of$140.05, due in 60 days. Respondent must
contact Code Enforcement Officer so that he/she can ensure compliance has taken
place.
BCC vs. Stephen Crawford - Case No. 2005020439
This hearing was requested by Everildo Ybaceta, Collier County Code Enforcement
Investigator, who was present.
Stephen Crawford was not present.
A vehicle was abandoned in a vacant lot. Notice of Violation was issued to Stephen
Crawford who made no response. As of this morning, the vehicle was still in the vacant
lot. Thomas Trettis, Jr., Esquire, called to indicate the matter would be taken care of.
Proper notice was given; Respondent was not present. Respondent was found
GUILTY of violating Sections 1.04.01 and 2.01.00 of Ordinance 2004-41 as Amended.
Respondent is required to remove the vehicle from the property within five days of this
hearing or a fine of $50 per day will be imposed until abatement. Violation must be
abated by removing the vehicle from the property. Respondent must pay operational
costs of$110.10 within 30 days of this hearing. Respondent must contact Code
Enforcement Officer so that he/she can ensure compliance has taken place
(Hearing recessed from 11 :30 a.m. until 11 :50 p.m.)
BCC vs. Cora Sneibrun - Case No. 2005010468
This hearing was requested by Jeff Letourneau, Collier County Code Enforcement
Investigator, who was present.
Cora Sneibrun, who was not present for the hearing, was represented by David Dancu.
9
June 3, 2005
A gazebo and shed were constructed without permits. The gazebo does not require a
permit. Respondent failed to pick up the permit for the shed which is in ready status.
The Respondent has Addison disease and was unable to pick up the permit. The permit
for the shed was never actually issued. Inspections and Certificate of Occupancy are
needed.
The Respondent wasfound GUILTY of violating Section 10.02.06 of Ordinance 2004-
41 as Amended. Respondent must obtain all required permits, all required inspections
and a Certificate of Completion within 30 days of the date of this hearing. After 30
days, a fine of $50 per day for each day the violation continues will be imposed as well
as operational costs of $148.33. Respondent must contact Code Enforcement Officer
so that he/she can ensure compliance has taken place
(A recess from 12:00 p.m. to 12:05 p.m. was taken)
BCC vs. Manuel Lamo2:lia - Case No. 2004120483
This hearing was requested by Heinz Box, Collier County Code Enforcement
Investigator, who was present.
Manuel Lamoglia was not present at the hearing but had been at the meeting earlier in the
day. Proper notice was given.
It was stipulated and agreed between the parties that the Respondent is in violation of
Section 10.02.06 of Ordinance 2004-41 as Amended, Section 103.11.1, 104.1.1 and
106.3.1 of Ordinance 2002-01, Improvements Without Permits. Respondent will obtain
all required permits for all improvements.
The Respondent wasfound GUILTY of violating Section 10.02.06 of Ordinance 2004-
41 as Amended, Section 103.11.1, 104.1.1 and 106.3.1 of Ordinance 2002-01,
Improvements Without Permits. The Respondent was ordered to obtain all permits
required by Collier County for all improvements and alterations that have been made
to the residence or obtain permits for the removal of all unpermitted alterations to the
property and obtain the required inspections of the property and required certificates
within 60 days of the date of this hearing or afine of$150 per day will be imposed until
the nuisance is abated. Respondent must contact Code Enforcement Officer so that
he/she can ensure compliance has taken place. Operational costs of $198.3 7 were
imposed with 60 days within which to pay. New mailing address is P.O.Box 990052,
Naples, FL. Violations occurred at 2268 Hunter Boulevard, Naples, FL.
BCC vs. Stephen \V. Schessler - Case No. 2005030878
This hearing was requested by Heather Grimshaw, Collier County Code Enforcement
Investigator, who was present.
Stephen W. Schessler was not present at the hearing. Proper notice was given.
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June 3, 2005
This complaint originated from a complaint about inoperable vehicles at 1216 Rosemary
Lane, Naples, Florida. There are three vehicles with expired tags and one inoperable
vehicle making four vehicles total which are there as ofthis date.
The Respondent was given sufficient notice. The Respondent was found GUILTY of
violating Section 2.01.00 of Ordinance 2004-41 as Amended, InoperablelUnlicensed
Vehicles. The Respondent is ordered to obtain valid license plates for the four vehicles
or to make them operable or put them into an enclosed structure to comply with the
ordinance within five days of this hearing. Failure to do so will require a $50 a day per
vehicle fine be imposed. Respondent will be required to pay operational costs of
$127.47 within five days. Respondent must contact Code Enforcement Officer so that
he/she can ensure compliance has taken place.
BCC vs. San!! & SOllnitta Baccam and Janet Liemthon!!. et al- Case No. 2004020378
This hearing was requested by Jeff Letoumeau, Collier County Code Enforcement
Investigator, who was present.
Sang & Sounitta Baccam and Janet Liemthong were not present for the hearing. Lope
Ksampsirabontsa, Len Speipht, co-owners of land in question, were present for the
hearing.
This matter involves a non-permitted mobile home. Mobile home or office structure does
require permit. Respondents contend that structures on agricultural land do not need
permits. Structure is on agricultural land. Agricultural use of property is not being
restricted by removing the mobile home.
The Respondents were found GUILTY of violating Section 1.5.6, 2.1.15, 2.7.6.1 and
2.7.6.5 of Ordinance 91-102 As Amended Section 6, 7 and 8 of Ordinance 99-51.
Respondents were ordered to get valid permits for storage facility or a demolition
permit, all required inspections and Certificate of Occupancy or Completion within 60
days of the hearing or a fine of $1 00 per day will be imposed for each day the violation
continues. Operational costs will be imposed in the amount of $314.01 to be paid
within 60 days. Payment plans with the County are available.
BCC vs. David Crocket Jones. III - Case No. 2004100228
This hearing was requested by Travis Snoderly, Collier County Code Enforcement
Investigator, who was present.
David Crocket Jones, III, was not present.
This matter involves an un-permitted pole sign, permit numbers not displayed. There is
no permit for this pole. NOV was sent to Mr. Jones on January 28, 2005, green card was
returned. No contact was received from Mr. Jones. Notice of Hearing was posted at the
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June 3, 2005
Courthouse and the property on May 27,2005. The violation does remain. The sign has
not been altered or removed to date.
The Respondent did receive proper notice of the hearing today and failed to appear.
The Respondent was found GUILTY of violating Section 2.02.03,10.02.06 and
10.07.00 of Ordinance 2004-41, Unpermitted Pole Sign - Permit Numbers Not
Displayed. Respondent must obtain all required building permits and subsequent
inspections through and including the Certificate of Completion within 60 days of the
date of this hearing or afine of$75 per day will be imposed for each day thereafter.
Operational costs are imposed in the amount of$160.80 with 30 days to pay. If
Respondent chooses to demolish the pole and any attached structure, he will have 30
days to do so. Respondent must contact Code Enforcement Officer so that he/she can
ensure compliance has taken place.
BCC vs. John C. Emerv - Case No. 2005020745
This hearing was requested by Sandra Dinicola, Collier County Code Enforcement
Investigator, who was present.
John C. Emery was not present, was not properly notified. Matter will be continued to
next hearing date ofJuly 1, 2005.
3. COMMENTS
None.
4. NEXT MEETING DATE
July 1, 2005
There being no further business for the good of the County, the hearing was
adjourned by order of the Special Master at 12:45 p.m.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonnano, Secretary to the Special Master
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