Spec Master Minutes 08/05/2005
August 5, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, August 5, 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 PM in REGULAR SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
SPECIAL MASTER: Honorable Brenda Garretson
COUNTY STAFF PRESENT:
Leonardo Bonanno, Secretary to the Special Master
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: August 5, 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
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
2. PUBLIC HEARINGS
A. Stipulations
1. BCC VS. Midas & Anne F1ereus
2005060793
B. Requests for Foreclosure
C. Hearings
1. CASE NO: SO 145164
OWNER: HERTZCORP.-RANDALLLATONA
OFFICER: DEP. KELLER
VIOLATIONS: ORD. SEe. 130-67
HANDICAPPED PARKING
2. CASE NO: SO 145163
OWNER: HERTZ CORP.-RANDALL LATONA
OFFICER: DEP. KELLER
VIOLA TIONS: ORD. SEC. 130-67
HANDICAPPED PARKING
3. CASE NO: CE 1338
OWNER: CAROL A. OLSEN
OFFICER: EVERILDO YBACET A
VIOLATIONS: 130-66
PARKING IN RIGHT OF WAY
4. CASE NO: CE 1336
OWNER: HEL YNE T. GANS
OFFICER: EVERILDO YBACET A
VIOLA TIONS: ORD. SEC. 130-66
PARKING IN RIGHT OF WAY
5. CASE NO: 2005051026
OWNER: RICHARD KORMAN
OFFICER: EVERILDO YBACET A
VIOLA TIONS: ORD.04-41 AS AMENDED SEe. 1.04.01,2.01.00 (A)
OUTSIDE STORAGE OF UNLICENSED/INOPERABLE VEHICLES
6. CASE NO: 2005051031
OWNER: RICHARD KORMAN
OFFICER: EVERILDO YBACET A
VIOLATIONS: ORD. 04-58 AS AMENDED SEe. 7
NO RENTAL REGISTRATION
7. CASE NO: 2005051029
OWNER: RICHARD KORMAN
OFFICER: EVERILDO YBACET A
VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 1.04.01,2.01.00 (A), 2.01.00 (B)
STORAGE OF UNLICENSED BOAT/TRAILER IN FRONT YARD
8. CASE NO: 2005051097
OWNER: ESTHER M. SAPP
OFFICER: EVERILDO YBACET A
VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 2.01.00 (A)
STORAGE OF UNLICENSED VEHICLE IN FRONT YARD
9. CASE NO: 2005051098
OWNER: ESTHER M. SAPP
OFFICER: EVERILDO YBACETA
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
ORD. 99-51 SEC. 7
LITTER
2005050790
ARTURO R. GONZALEZ
EVERILDO YBACET A
ORD. 04-41 AS AMENDED SEe. 1.04,2.01,4.05; ORD 04-58 AS AMENDED SEe. 6
STORAGE OF UNLICENSED/INOPERABLE COMMERCIAL VEHICLES
2005050079
BETTY SHAFFER TR
EVERILDO YBACET A
ORD. 04-41 AS AMENDED SEC. 2.01.00; ORD 04-58 SEe. 6
UNLICENSED VEHICLE PARKING ON THE GRASS
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:
2005051077
RALPH & MARIA AGUILERA
EVERILDO YBACET A
ORD. 04-41 AS AMENDED SEC 2.01.00
TWO UNLICENSED VEHICLES ON SITE - V AN AND RV
2005051130
PAUL & BARBARA RIDDLEBERGER
EVERILDO YBACETA
ORD. 04/41 AS AMENDED SEe. 99-51
LITTER
2005050643
NESLON & BLANCA ROJAS
JACK FORDHAM
ORD. 04-41 AS AMENDED SEe. 2.01.00
STORAGE OF UNLICENSED VEHICLES, NOT IN ENCLOSED STRUCTURE
2005040781
UMA G. KAKARALA
RON MARTINDALE
ORD. 04-41 AS AMENDED SEe. 2.01.00
INOPERABLE/UNLICENSED VEHICLE STORED IN FRONT DRIVEWAY
2005070140
LAZARDO & MADALID MARTINEZ
JEAN NADEAU
ORD. 04-41 AS AMENDED SEC 2.01.00
NUMEROUS UNLICENSED/INOPERABLE VEHICLES/TRAILERS ON PROPERTY
2004100207
FRVG, LLC
SHERRY PATTERSON
ORD. 04-41 AS AMENDED SEe. 10.02.06
SIGNS WITHOUT PERMITS
2004090806
DIAG INVESTMENT III, L TD
TRAVIS SNODERL Y
ORD. 04-41 AS AMENDED SEe. 10.02.06
WALL SIGN WITHOUT PERMIT
2004120853
FRANCIS OSCAR OLSON IV
JOHN OLNEY
ORD. 04-41 AS AMENDED SEe. 2.02.03
STORAGE OF AUTOMOBILE ON UNIMPROVED PROPERTY
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005060744
FRANTZY JEANTY
SHAWN LUEDTKE
ORD. 04-41 AS AMENDED SEe. 2.01.00
PARKING/STORAGE OF UNLICENSED/INOPERABLE VEHICLE ON PROPERTY
2005060837
MANUEL OLIVERA
SHAWN LUEDTKE
ORD. 04-41 AS AMENDED SEe. 2.01.00
PARKING/STORAGE OF UNLICENSED/INOPERABLE VEHICLE ON PROPERTY
2005040611
JESUS & MARIA G. MARTINEZ
SHAWN LUEDTKE
ORD. 04-41 AS AMENDED SEe. 2.01.00, 1.04.01,2.02.03
PARKING/STORAGE OF UNLICENSED/INOPERABLE VEHICLE ON PROPERTY
2005070112
WILLIAM M. STONESTREET
SHAWN LUEDTKE
ORD. 99-51 SEe. 11
PROHIBITED ACCUMULATION OF WEEDS ON IMPROVED PROPERTY
2005050892
DA VID PETZAK
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00
UNLICENSED VEHICLE PARKED IN RESIDENTIALLY ZONED AREA
2005050894
DA VID PETZAK
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00
COMMERCIAL TRAILER PARKED IN DRIVEWAY
2005050904
MELISSA COMPTON
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00
BOAT PARKED ON SIDE YARD
2005060245
MICHELOT PIERRE
IAN JACKSON
ORD. 04-41 AS AMENDED SEC. 2.01.00
INOPERABLE/UNLICENSED VEHICLE PARKED IN RESIDENTIAL AREA
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. COMMENTS
4. NEXT MEETING DATE
SEPTEMBER 2, 2005
5. ADJOURN
.,--~_._-,_.
2005060244
MICHELOT PIERRE
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00
COMMERCIAL VEHICLE PARKED IN SIDE YARD
2005051048
DARRIN JAMES CAMPBELL
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00
BOAT/TRAILER PARKED SIDE OF HOUSE
*=
COLLIER COUNTY CODE ENFORCEMENT
COMMUNrlY DEVELOPMENl'AND ENVIRONMENTAL SERVICES DIVISION
2800 N. Horsèshoe Dr. .
Näples. Florida 34104. 239-403·2440. FAX 239-403-2343
MEMORANDUM 2005-48
DATE:
Friday, August S, 200S
TO:
Brenda Garretson, Special Master
FROM:
Leonardo Bonanno, Secretary to the Special Master
RE:
Request for Foreclosure/Collection Initiation
The following is a list of respondents who have had fines imposed by the Special
Master for a period of three months or longer. The Code Enforcement Department
requests your permission to initiate foreclosure/collection proceedings on:
Maria Zuluaga
Rachel Griffiths
Le Rendez-Vous Restaurant
Stephen & Anita Anthony
Chad Parker
Robert Creedon
CO 2004090395/0396
SO 116555
CO 2004100408
CO 2004070200
SO 140562
SO 134948
Thank you for your attention.
LB
August 5, 2005
1. Call to Order
A. The Meeting was called to order by Honorable Special Master Brenda Garretson
at 8:50 AM.
B. Hearing Rules and Regulatious were given by Leonardo Bonanno, Secretary to
the Special Master.
BREAK FOR STIPULATIONS - 8:57 A.M.
Special Master Garretson gave the Respondents au opportunity to speak with their
Investigating officer before couducting the Hearing for a Resolution by stipulation;
looking for Compliance without being punitive.
RECONVENED - 9: 18 A.M.
**Changes to the Agenda: Item #20 (Case #20050607044 has been stipulated)
Item #14 (Case #2005050643 will be heard after #20)
STIPULATIONS
20. Case #20050607044 - BCC vs. Frantzv Jeantv
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Parking/Storage of Unlicensed/Inoperable Vehicle on Property
Investigator Luedtke stated an unlicensedlinoperable vehicle was seen at 1962 45th
Terrace SW but has now been abated. The owner admitted guilt and stipulated to the
Operational Costs.
The Respondent understood the stipulation.
Finding the Notice of Hearing was properly served and finding the violation did exist,
but was CORRECTED prior to today's Hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $158.92
incurred by Code Enforcement during the prosecution of this case on or before
September 6,2005.
14. Case #2005050643 -BCC vs. Nelson & Blanca Roias
This hearing was requested by Code Enforcement Investigator Jack Fordham who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Storage of Unlicensed Vehicles, not in enclosed structure.
2
August 5, 2005
Investigator Fordham testified on May 14,2005,2 unlicensed vehicles were seen as
shown in the pictures offered into evidence at 3035 8th Avenue SE. On February 28,
2005 a violation had been served by Investigator Jeff Letourneau. A Citation was then
issued by Investigator Fordham for the vehicle not having a valid license plate on a
residentially owned property. July 31 st was the last day on the property that the violation
remained.
The Respondent (Blanca Rojas) testified the vehicle was sold yesterday (August 4,2005)
and admitted to the violation.
Finding the Notice of Hearing was properly served, and finding the violation did exist
but was CORRECTED prior to today's Hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay a fine of $250 on or before September 6, 2005
or a fine of $50 per day will be imposed for each day the violation remains thereafter.
The Respondent is also ordered to pay Operational Costs in the amount of$161.60
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
The Investigating Officer will check the property to confirm the removal of any
unlicensed or inoperable vehicles. If any unlicensed or inoperable vehicles are found
on the property, a fine of $50 a day will be imposed for each day the violation remains.
2. PUBLIC HEARINGS
A. STIPULATIONS
1. BCC vs. Midas & Anne Flereus - Case #2005060793
This hearing was requested by Code Enforcement Investigator Magiante.
The Respondents were not present.
A stipulation has been previously signed by the Respondents.
Finding the Notice of Hearing was properly served, and finding the violation
did exist but was CORRECTED prior to today's Hearing Respondent is found
guilty of the alleged violation(s) and is ordered to pay afine of$250 with a
payment plan already in place.
The Respondent is also ordered to pay Operational Costs in the amount of $75
incurred by Code Enforcement during the prosecution of this case with a
payment plan already in place with Code Enforcement.
B. REQUEST FOR FORECLOSURES
Special Master Garretson directed Leonardo Bonanno, Secretary to the Special
Master, to initiate the foreclosure and collection procedures in all 6 cases
concerning Memorandum 2005-48. (Attached)
The following is the list of respondents who have had fines imposed by the
Special Master for a period of three months or longer.
. Maria Zuluaga - Case #CO-2004090395/0396
3
August 5, 2005
· Rachel Griffiths - Case #SO-116555
· Le Rendez-Vous Restaurant - Case #CO-2004100408
· Stephen & Anita Anthony - Case #CO-2004070200
· Chad Parker - Case #80-140562
· Robert Creedon-Case #SO-134948
C. HEARINGS
1. & 2. Cases #SO 145164 & SO 145163 - BCC vs. Hertz Corp., Randall Latona
This hearing was requested by the Respondent who was not present.
Deputy Keller, issuing Officer was present.
Violation(s): Ordinance 130-67 (Both cases)
Handicap Parking
Two cars were rented by the Respondent fÌ"om the Hertz Corp. Both cases were at the
same location. When on patrol on March 21,2005, at Grills of Naples, Deputy Keller
wrote a citation for both vehicles parked illegally in a handicapped zone. One was in
front and one on the side of the building. No permits were visible in either vehicle.
Special Master Garretson read a letter submitted by the Respondent. The Respondent
stated his wife parked in a handicap parking space for his 93 year old mother (who is in a
wheelchair) to have lunch in the restaurant. He approached the Officer and asked him to
waive the citation as his wife was only going to be parked for 5 min. He claimed his
other vehicle was parked next to a handicap parking zone and had six children in his
vehicle. As owner of the establishment, he felt it was unjust to receive the citation.
After reviewing the letter he was found guilty. Special Master stated he is clearly in
violation. The fact he owns the establishment doesn't allow him to park where he wants
to park. There are others with valid Handicap placards that are entitled to those parking
spaces.
Finding the Notice of Hearing was properly served in both cases, the Respondent is
found GUILTY of the alleged violation(s) and is ordered to pay a fine of $250 in each
case on or before September 6, 2005. Respondent is ordered to pay Operational Costs
in the amount of $50 incurred by Code Enforcement during the prosecution of this
case on or before September 6, 2005.
3. Case #CE 1338 - BCC vs. Carol A. Olsen
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): Ordinance 130-66
Parking in Right-of-Way
A vehicle was parked in the right-of-way on Holiday Lane. Pictures were shown by
Investigator Ybaceta.
4
August 5, 2005
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay a fine of $30 on or before September 6,
2005.
Respondent is ordered to pay Operational Costs in the amount of $50 incurred by Code
Enforcement during the prosecution of this case on or before September 6, 2005.
4. Case #CE 1336 - BCC vs. Helvne T. Gans
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was present earlier and agreed to the stipulation, but left before the
hearing was heard.
Violatiou(s): Ordinance 130-66
Parking in Right-of-Way
The Investigator explained why the citation was given to the Respondents.
Fillding the Notice of Hearing was properly served; the Respolldent is found GUILTY
of the alleged violation(s) alld is ordered to pay a fille of $30011 or before September 6,
2005.
Respondellt is ordered to pay Operational Costs ill the amount of $50 incurred by Code
Ellforcemellt during the prosecutioll of this case on or before September 6,2005.
5. Case #2005051026 - BCC vs. Richard Korman
This hearing was requested by Code Enforcement Investigator Everi1do Ybaceta who was
present.
The Respondent was not present. Mr. Norman Bell was present.
Violation(s): Ordinance 04-41 as amended Section 1.04.01,2.01.00 (A)
Outside Storage of Unlicensed/Inoperable Vehicles
Officer Ybaceta testified he found an inoperable van parked in the Respondents
driveway. An NOV was issued and violation has been abated. The property was posted
as the NOV was returned.
Mr. Norman Bell bought the property from Mr. Korman 5 years ago and the deed has not
been transferred. The title holder of the property is Mr. Korman. It was noted there are
liens on the property.
Finding the Notice of Hearillg was properly served, alldjindillg the violatioll did exist
but was CORRECTED prior to today's hearillg, Respolldent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs ill the amount of $163.47
illcurred by Code Enforcemellt durillg the prosecution of this case 011 or before
September 6,2005.
6. Case #2005051031- BCC vs. Richard Korman
5
August 5, 2005
This hearing was requested by Code Enforcement Officer Everildo Ybaceta who was
present.
The Respondent was not present. Mr. Norman Bell was present.
Violation(s): Ordinance 04-58 as amended Section 7
No Rental Registration
Case #2005051031 was DISMISSED
7. Case #2005051029 - BCC vs. Richard Korman
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present. Mr. Norman Bell was present.
Violation(s): Ordinance 04-41 as amended Section 1.04.01, 2.01.00 (A), 2.01.00 (A)
Storage of Unlicensed Boat/Trailer in front yard.
The boat is registered but remains in the front yard. Mr. Bell is going to get a permit for
a carport to store the boat or remove it from the property.
Finding the Notice of Hearing was properly served; the Respondent isfound GUILTY
of the alleged violation(s) and is ordered to remove or legally store the boat on or
before September 6, 2005 or a fine of $50 per day will be imposed for each day the
violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$163.47 incurred by
Code Enforcement during the prosecution of this case on or before September 6,2005.
8. & 9. Cases #2005051097 & Case #2005051098 - BCC vs. Esther M. Sapp
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present. Mrs. Sapp has given permission for her son David
Arnold to appear on her behalf.
Violation(s): Ordinance 04-41 as amended section 2.01.00 (A) & Ordinance 99-51
Section 7
Storage of Unlicensed Vehicle in front yard and Litter.
An Unlicensed Vehicle was found on Holly Avenue parked in the Respondents driveway.
In a separate case litter was found. Notice was forwarded to the Respondent who is
living in Canada. The son did not get the information needed, but has removed the
vehicle and cleaned up most of the litter except for a large box shown on a photo
displayed. NOV was signed returned receipt on June 22, 2005. On May 27, 2005 the
officer spoke with the son conceming the violation. The case was prepared on July 15,
2005.
Mr. Arnold stated the box is his tool box. He also explained the car has been sold. The
Operational Costs were asked to be waived.
6
August 5, 2005
Finding the Notice of Hearing was properly served, and finding the violations did exist,
Respondent is found guilty of the alleged violation(s) and is ordered to pay Operational
Costs in the amount of$163.47 (Case #2005051097) and $157.80 (Case #2005051098)
incurred by Code Enforcement during the prosecution of these cases on or before
September 6, 2005.
10. Case #2005050790 - BCC vs. Arturo R. Gouzalez
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 1.04,2.01,4.05; Ordinance 04-58 as
amended Section 6
Storage of Unlicensed/Inoperable Commercial Vehicles
Several violations were noticed and a citation was issued on May 18, 2005 for a
commercial vehicle parked on the grass. Other violations have been abated.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to remove the offending vehicle(s) on or
before August 10, 2005 or a fine of $1 00 per day will be imposed for each day the
violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $163.47 incurred by
Code Enforcement during the prosecution of this case on or before September 6, 2005.
BREAK-l 0:24AM
RECONVENED - 10:47 AM
**Special Master Garretson stated pictures preseuted iu both cases for Esther Sapp
be made part of the record.
11. Case #2005050079 - BCC vs. Bettv Shaffer TR.
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00; Ordinance 04-58 Section 6
Unlicensed Vehicle Parking on the Grass
Investigator Ybaceta spoke with the owner concerning a pickup truck parked in the rear
of the property. NOV was issued on May 20,2005 with no response. A phone call had
been received stating the vehicle has been removed. In checking the property it was
noted the violation has been abated.
Finding the Notice of Hearing was properly served and finding the violation did exist
but was CORRECTED prior to today's Hearing, Respondent isfound guilty of the
alleged Violation(s) and is ordered to pay Operational Costs in the amount of$163.47
7
August 5, 2005
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
12. Case #2005051077 - BCC vs. Ralph & Maria A2uilera
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present. This case was taken over from Heather Grimshaw.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Two Unlicensed Vehicles on Site - a Van and an RV
The vehicles were noticed parked on the side and rear of the property on May 27,2005.
The violation remains to-date along with another vehicle without proper tags.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to remove the vehicles and/or take advantage
of the options according to the Ordinance on or before August 10, 2005 or a fine of
$50 a day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $156.90 incurred by
Code Enforcement during the prosecution of this case on or before September 6, 2005.
13. Case #20050511230 - BCC vs. Paul & Barbara Riddleber2er
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 99-51
Litter
The case was originally started by Investigator John Olney. He found the property to
have litter. Notice of Violation was signed on June 7, 2005. The property had been
cleared of the litter when the Notice of Hearing was posted.
Finding the Notice of Hearing was properly served and finding the violation did exist,
but was CORRECTED prior to today's Hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $163.47
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
15. Case #2005040781 - BCC vs. Uma G. Kakarala (Owner)
This hearing was requested by Code Enforcement Investigator Ron Martindale who was
present.
The Respondent was not present and is not aware of this Hearing.
Marbim Alvarado (Tenant) was present.
Everildo Ybaceta, Code Enforcement Investigator, translated for Mr. Alvarado.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Inoperable/Unlicensed Vehicle stored in front Driveway
8
August 5, 2005
Investigator Martindale initiated this case on April 20, 2005. Several rechecks were
made. Notice was posted and has had no correspondence with the Respondent until
today. As of August 4, 2005 the vehicle has been removed and violation has been abated.
It was explained to the Tenant that the costs about to be imposed will need to be paid by
someone. The lien process was also explained.
Finding the Notice of Hearing was properly served, and finding the violation did exist,
but was CORRECTED prior to today's hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $169.14
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
A copy of the Order will be sent to Mr. Alvarado as well as the Respondent.
16. Case #2005070140 - BCC vs. Lazardo & Madalid Martinez
This hearing was requested by Code Enforcement Investigator Jean Nadeau who was
present.
The Respondent( s) were present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Numerous Unlicensed/Inoperable Vehicles/Trailers on Property
On July 5, 2005 Investigator Nadeau noted a violation at 260 13th street for unlicensed
and registered vehicles. Many vehicles were found on the property and also noted
previous violations in 2004 in which the Respondent was found guilty. The Respondent
has admitted guilt to the above violations.
Don Madison, Dan's Towing Service, testified he tows vehicles to the scrap yard when
there are code violations. He explained his business of towing and the process he follows.
The Respondent explained one of the vehicles was stored there by Don's Towing Service.
This is a violation of the Zoning Ordinance in which a vehicle cannot be parked or stored
overnight on a property without registration or current license plates. The Respondent
needs to build a storage building if this is to continue.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay afine of$250 on or before September
6,2005.
Respondent is ordered to pay Operational Costs in the amount of $178.67 incurred by
Code Enforcement during the prosecution of thus case on or before September 6, 2005.
17. Case #2004100207 - BCC vs. FRVG, LLC - James V02al (re2istered a2ent)
This hearing is requested by Code Enforcement Investigator Sherry Patterson who was
present.
The Respondent is also present.
Violation(s): Ordinance 04-41 as amended Section 10.02.06
Signs without Permits
9
August 5, 2005
Pictures were shown and explained of 4 separate sign violations. Initial site visit was on
October 1,2004. Morande's Service Parts & Collision Center wall signs were shown
along with 3 others. There were no permits or permit numbers affixed and one had been
altered which is an insubstantial change. NOV was prepared on February 24, 2004 with a
compliance date of March 16, 2005. Other detailed dates were given concerning the
signs. Last day on the property violation remained - July 14,2005.
Mr. Vogel, FRVG, LLC, believes they are the owners of the property with Morande
being their tenant. He has no information on the violations and forwarded the notices
they have received to Morande and asked them to come into compliance.
Morande declared bankruptcy in January 2005 which has tied the Respondents hands in
what they can do. They have no options at the present time. There are legal challenges
being contended within the bankruptcy concerning leases and mortgages and who is or
will be the true owner of the property. They are waiting for a ruling from the bankruptcy
court. The Respondents attorney is Jeffrey Leasure in Fort Meyers.
The issue of ownership presents a problem at this time.
Case #2004100207 is CONTINUED until the October 7, 2005 Hearing.
18. Case #2004090806 - BCC vs. Dial! Investment III, LTD.
This hearing was requested by Code Enforcement Investigator Travis Snoderly who was
present.
Jerome & Teresa Tocio (Tenants) were present and have verbal authority to appear on
behalf of Christine Wright, the Attorney for Diag Investments.
Violatiou(s): Ordinance 04-41 as amended Section 10.02.06
Wall Sign without Permit
The case was opened on September 2004. Photos were shown with the name being
"Coffee & Café". It was originally permitted as "Coffee & More." This required a new
permit. A new permit has recently been obtained by "Signs & Things." A substantial
change had not been indicated originally from a previous Code Enforcement Investigator.
Christine Wright is the registered agent and has had numerous notices of violation within
the County.
Mrs. Tocio explained they had not been directly infonned until the notice was received.
Likens Sign Company was employed to take care of the situation and did not take the
necessary action to correct the violation. Signs & Things had then found the original
permits. The tenants were under the impression the signage was correctly permitted 7
years ago. They are accepting the responsibility for the violation.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to obtain a Certificate of
Completion/Occupancy and all Inspections completed on or before October 6, 2005 or
afine of$50 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $1 00 incurred by
Code Enforcement during the prosecution of this case on or before October 6, 2005. If
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August 5, 2005
Compliance is not achieved by October 6, 2005, Respondent is ordered to pay
Operational Costs in the amount of $256. 31 on or before October 6, 2005.
19. Case #2004120853 - BCC vs. Francis Oscar Olson IV
This hearing was requested by Code Enforcement Investigator John Olney who weas
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.02.03
Storage of Automobile on Unimproved Property
This case was before the Special Master on February 23,2005 for an identical violation
and costs and fines have not yet been received. On June 28, 2005 a vehicle was parked in
the same location of which pictures were offered into evidence.
Finding the Notice of Hearing was properly served,. the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay a civil penalty of$250.00. The Code
Enforcement Department is ordered to monitor the property and,from the date of this
hearing until September 2, 2005, the violator will be assessed $250 for each day this
violation is repeated and witnessed by an Investigating Officer.
Respondent is ordered to pay Operational Costs in the amount of$156.90 incurred by
Code Enforcement during the prosecution of this case on or before September 6,2005.
21. Case #2005060837 - BCC vs. Manuel Olivera
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Parking/Storage of Unlicensed/Inoperable Vehicle on Property
Investigator Luedtke testified on June 14,2005 he observed an inoperable/unlicensed
vehicle in the driveway at 1823 43rd Street SW. This was a reoccurring violation. In
checking today, it was found the vehicle is now in the garage and violation abated.
Finding the Notice of Hearing was properly served, and finding the Violation did exist,
but was CORRECTED prior to today's hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount if $163. 94
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
22. Case #2005040611 - Bee vs. Jesus & Maria G. Martinez
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was present.
Mario Martinez translated for his Mother.
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August 5, 2005
Violation(s): Ordinance 04-41 as amended Section 2.01.00, 1.04.01,2.02.03
Parking/Storage of Unlicensed/Inoperable Vehicle on Property
Investigator Luedtke stated he spoke with the Respondents earlier in the day and have
reached a stipulation. The violation still remained as of today at 4401 17th Place SW.
They will tag all the vehicles within two weeks and pay all Operational Costs.
Finding the Notice of Hearing was properly served; the Respondent isfound GUILTY
of the alleged violation(s) and is ordered to comply with the Ordinance concerning the
vehicle on or before August 20, 2005 or a fine of $50 per day will be imposed for each
day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $175.54 incurred by
Code Enforcement during the prosecution of this case on or before September 6,2005.
23. Case #2005070112 - BCC vs. William M. Stouestreet
**The Notice of Hearing was improperly referenced but was sent in a timely manner and
corrected.
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was not present.
(Ed Bernosky - Association President & Charles Erkinger - Treasurer of the Association
appeared on their own behalf)
Violation(s): Ordinance 99-51 Section 1
Prohibited accumulation of Weeds on Improved Property
On July 6, 2005 Investigator Luedtke responded to 43 Twin Palms Drive and observed
weeds on site in access of 18 inches. The property is abandoned and found there have
been numerous weed violations on the property. The site has had a County Contractor
take care of it and been done 6 times in the past 3 years. Pictures were shown into
evidence. Investigator Luedtke will contact the Housing Department.
Mr. Bernosky stated the Respondent has ignored many of the registered letters the
Association has sent. They have contacted Commissioner Fiala to see what action can be
taken. It is an eye-sore and a health and safety issue. They have approached the Health
Department. They will help the County in any way possible.
Mr. Erkinger stated the Respondent has not paid his Association dues and the property
has been deteriorating since 1991/92. They have a new Attorney for their Association.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay afine of$1,000 on or before September
6, 2005 or a fine of $1 00 per day will be imposed for each day the amount due goes
unpaid thereafter. The violation is to be abated by a County Contractor as soon as
possible with the costs of abatement being assessed to the Respondent. After September
6,2005 if the Respondent does not pay all fines due, Leo Bonanno, the Secretary to the
Special Master was directed to start the foreclosure process.
Respondent is ordered to pay Operational Costs in the amount of$163.94 incurred by
Code Enforcement during the prosecution of tltis case on or before September 6, 2005.
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._...,~_.""-_..,~-
August 5,2005
The Investigator will bring the case back to the Special Master to amend the Order and
add the costs of abating subsequent violations, and those costs will be added to the
foreclosure processes if applicable.
Pictures shown by Investigator Luedtke will be made part of the record.
24. Case #2005050892 - BCC vs. David Petzak
This hearing was requested by Code Enforcement Investigator Ian Jackson who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Unlicensed Vehicle Parked in Residentially Zoned area
Investigator Jackson stated they have reached a stipulation. The Respondent admitted to
the violation and will abate the violation within 5 days or a fine will be imposed.
The Respondent also agreed to the Operational Costs.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to abate the violation on or before August 10,
2005 or afine of$50 per day will be imposed for each day the violation remains
thereafter.
Respondent is ordered to pay Operational Costs in the amount of $163.71 incurred by
Code Enforcement during the prosecution of this case on or before September 6,2005.
The Respondent will notify the Investigating Officer when the violation is abated.
25. Case #2005050894 - BCC vs. David Petzak
This hearing was requested by Code Enforcement Investigator Ian Jackson who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Commercial Trailer Parked in Driveway
On May 23,2005 Investigator Jackson observed a commercial trailer parked in the
driveway. The return receipt was returned unsigned, so Notice was posted. As of August
4, 2005 the violation remains. Pictures were shown as evidence.
The Respondent stated he uses the trailer every night for his entertainment business and
also works out of his home in Real Estate. He stated he does not store the trailer.
The Ordinance pertaining to the violation was read. If he has a commercial vehicle it
needs to be stored in the rear yard, and concealed from view. Many options were given.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to abate the violation by removing or storing
the trailer according to the Ordinance on or before August 10,2005 or afine of$50
per day will be imposed for each day the violation remains thereafter.
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August 5, 2005
Respondent is ordered to pay Operational Costs in the amount of $163.71 incurred by
Code Enforcement during the prosecution of this case on or before September 6,2005.
26. Case #2005050904 - BCC vs. Mellisa Compton
This hearing was requested by Code Enforcement Investigator Ian Jackson who was
present.
The Respondent was present earlier and agreed to the stipulation, but left before the
hearing was heard.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Boat parked on Side Yard
Investigator Jackson spoke with the Respondent earlier in the day in which a stipulation
was agreed to. Respondent requested more time to erect a carport for storing their boat.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to comply with the Ordinance and abate all
violation(s) on or before August 16,2005 or afine of$50 per day will be imposed for
each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $158 incurred by
Code Enforcement during the prosecution of this case on or before September 6, 2005.
27. & 28. Case(s) 2005060245 & 2005060244 - BCC vs. Michelot Pierre
These hearings were requested by Code Enforcement Investigator Ian Jackson who was
present.
The Respondent was present earlier and agrees to the stipulation, but left before the
hearing was heard.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Inoperable/Unlicensed Vehicles parked in the Residential area/and
Ordinance 04-41 as amended Section 2.01.00
Commercial Vehicle parked in Side Yard
Investigator Jackson testified he spoke with the Respondent earlier and agreed to a
stipulation.
Finding the Notice of Hearing was properly served, and finding the violation(s) did
exist but were CORRECTED orior to today's hearing, Respondent is found guilty of
the alleged violation(s) and is ordered to pay Operational Costs in the amount of $158
for (Case #2005060245) and $158 for (Case #2005060244) incurred by Code
Enforcement during the prosecution of this case on or before September 6, 2005.
29. Case #2005051048 - BCC vs. Darrin James Campbell
This hearing is requested by Code Enforcement Investigator Ian Jackson who was
present.
The Respondent was present earlier and agrees to the stipulation, but left before the
hearing was heard.
Violation(s): Ordinance -04-41 as amended Section 2.01.00
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August 5,2005
Boat/Trailer parked Side of House
Investigator Jackson testified he spoke with the Respondent earlier and reached a
stipulation. In viewing the property on August 4, 2005 the violation has been abated.
Finding the Notice of Hearing was properly served, and finding the Violation did exist
but was CORRECTED prior to today's hearing, Respondent is found guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $158
incurred by Code Enforcement during the prosecution of this case on or before
September 6, 2005.
3. Comments - None
4. Next Meetin2 Date
September 2, 2005
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Master at 12:11 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonanno, Secretary to the Special Master
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