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Spec Master Minutes 09/16/2005 September 16, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, September 16, 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 day at 8:30 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: Michelle Arnold Code Enforcement Director 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: September 16, 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. O. CALL TO ORDER 2. PUBLIC HEARINGS HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING HEARING RULES AND PROCEDURES A. Requests for continuation 1. Michael O'Keefe 2. Cosme Hernandez 3. Diamond Shores Affordable Housing LLC 4. Diamond Shores Affordable Housing LLC 5. Diamond Shores Affordable Housing LLC Case No. 2005050700 Case No. 2004090551 Case No. 2005060363 Case No. 2005070300 Case No. 2005070302 B. Requests for Reduction of Fines 1. Frank Duclos & Lisette Brivelle 2. Frank Lagonigro C. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLA nONS: Case No. 2005030015 Case No. 2005020112 SO 139754 FRANK JUSTINIANO DEP. ALLEN ORD. SEe. 130-66 PARKING IN THE RIGHT OF WAY SO 135951 MAXIMO PLACERES DEP. GRANT ORD. SEe. 130-66 PARKING IN BIKE PATH SO 151774 FLOYD M. POLLING DEP. KELLER 130-66 EXPIRED METER 4. CASE NO: SO 151785 OWNER: FLOYD M. POLLING OFFICER: DEP. KELLER VIOLATIONS: ORD. SEe. 130-66 EXPIRED METER 5. CASE NO: SO 151786 OWNER: DANIEL 1. MACABOY OFFICER: DEP. KELLER VIOLATIONS: ORD. SEC. 130-66 EXPIRED METER 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005050256 STEPHEN W. SCHESSLER HEATHER GRIMSHAW ORD. 99-51 SEC. 6, 7 & 8 LITIERlABANDONED ITEMS ON RESID ENTIALL Y ZONED PROPERTY 2005010942 GULF A TLANTIC ASSOCIATION TRAVIS SNODERL Y ORD. 04-41 AS AMENDED SEe. 10.02.06 4532 FREESTANDING SIGN WITHOUT PERMIT 2005040190 DAVID J. HOOLIHAN IAN JACKSON ORD. 04-41 AS AMENDED SEe. 10.02.06, 104.1.3.5 UNPERMITIED ELECTRICAL AL TERA TION TO STORAGE UNIT 2005080097 PATRICK K. & GINGER L. GANDY SHAWN LUEDTKE ORD. 04-41 AS AMENDED SEe. 2.01.00 PROHmITED STORAGEIPARKING OFN AN UNLICENSED VEHICLE 2005080413 PAUL-MICHAEL J. CONROY SHAWN LUEDTKE ORD. 99-51 SEe. 6, 7 & 8 ACCUMULATION OF LITTER ON NOTED RESIDENTIAL PROPERTY 2005070094 CARMINE MUTILLO ROBERT MANGIANTE ORD. 99-51 SEe. 11 ACCUMULATION OF WEEDS/GRASS IN EXCESS OF 18" 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 4. NEXT MEETING DATE OCTOBER 7, 2005 5. ADJOURN 2005060485 ROBERTO G. & GLORIA CORNEJO ROBERT MANGIANTE ORD. 04-58 SEe. (7) 2 FAILURE TO OBTAIN RENTAL REGISTRATION 2005060637 GARY L. & DIANE MURPHY RON MARTINDALE ORD. 02-01 SEC. 103.11 SWIMMING POOL WITHOUT ENCLOSURE/FENCE 2004100936 JOHN T. CONROY TR SHERRY P A TIERSON ORD. 02-01 SEe. 10.02.06 FENCE SURROUND NAPLES PRE SCHOOL ACADEMY WITHOUT PERMIT September 16, 2005 HEARING OF THE SPECIAL MASTER SEPTEMBER 16, 2005 Hearing Summary 1. Call To Order: · The hearing was called to order by Special Master Brenda Garretson at 8:50 a.m. · Hearing rules and procedures were explained by Special Master Brenda Garretson. · All those testifying at the proceedings did so under oath. 2. PUBLIC HEARINGS: A. Requests for Continuation 1. BCC vs. Michael O'Keefe - Case No. 2005050700 Continuance granted 2. BCC vs. Cosme Hernandez - Case No. 2004090551 Continuance granted 3. BCC vs. Diamond Shores Affordable Housing - Case No. 2005060363 Continuance granted 4. BCC vs. Diamond Shores Affordable Housing - Case No. 2005070300 Continuance granted 5. BCC vs. Diamond Shores Affordable Housing - Case No. 2005070302 Continuance granted B. Requests for Reduction of Fines 1. Frank Duclos & Lisette Brivelle - Case No. 2005030015 Will be heard after 10:00 a.m. 2. Frank Lagonigro - Case No. 2005020112 Will be heard after 10:00 a.m. (Recess from 9:00 a.m. to 9:10 a.m.) C. Hearings BCC vs. Gulf Atlantic Association - Case No. 2005010942 This hearing was requested by Officer Travis Snoderly, Collier County Code Enforcement, who was present. Respondent, Gulf Atlantic Association, was not represented. Violation: Ordinance 04-41 as Amended Sec. 10.02.06,4532 Freestanding Sign Without Permit. 2 September 16, 2005 Stipulation has been agreed upon between Michael Beal, property owner, representing Gulf Atlantic, that the violation existed as noted in the NOV, that operational costs of $208.51 would be paid, to abate the violation by obtaining a building permit and required inspections including obtaining CO for the sign within 60 days of to day's date or incur a fine of$50 per day for each day the violation continues. Second condition is that if Mr. Beal chooses not to permit the sign, he must remove the sign within 60 days of today's date or a fine of $50 per day for each day the violation continues will be imposed. IfMr. Beal chooses to remove the sign, the Building Department must be consulted and if required, a demolition permit must be obtained prior to the removal. Code Enforcement and Officer Snoderly must be consulted when the violation has been abated for reinspection. Proper notice has been given. Stipulation is accepted. Violation does exist. Respondent is GUILTY of violation. Respondent is required to abate the violation by either acquiring the correct permit within 60 days or by removing the sign and getting proper demolition permit. If violation is not abated by either of these two measn within 60 days, a fine of $50 per day will be imposed for every day the violation exists after November 16,2005. Operational costs of$208.51 will be imposed, to be paid within 60 days. Respondent is required to notify Officer Snoderly when the violation has been abated for reinspection. BCC vs. Carmine Mutillo - Case No. 2005070094 This hearing was requested by Officer Robert Mangiante, who was present. Respondent, Carmine Mutillo, was not present. Violation: Ord. 99-51 Sec. 11, Accumulation of Weeds/Grass in Excess of 18". Officer Mangiante asked for a continuance because he is unsure Respondent was notified for court date. Continuance granted. BCC vs. Roberto G. & Gloria Corneio - Case No. 2005060485 This hearing was requested by Officer Robert Mangiante, Collier County Code Enforcement, who was present. Respondents, Roberto G. & Gloria Cornejo were not present. Violation: Ord. 04-58 Sec. (7)2, Failure to Obtain Rental Registration 3 September 16, 2005 Violation was abated much prior to court date; there was a mix up. BCC vs. David J. Hollihan - Case No. 2005040190 This hearing was requested by Officer Ian Jackson, Collier County Code Enforcement, who was present. ' Respondent, David J. Hollihan, was not present. Violation: Ord. 04-41 as Amended Sec. 10.02.06, 104.1.3.5, Unpermitted Electrical Alteration to Storage Unit. Officer submitted written stipulation from Respondent. Mr. Hollihan was present at the time the stipulation was entered into. Proper notice was given. Written stipulation was accepted by Special Master Garretson. Respondent was present when stipulation was entered into. Violation did exist. Respondent agrees to abate violation by obtaining appropriate permits, arranging for inspections and obtaining Certificate of Completion for electrical alterations within 60 days of this hearing, November 16, 2005. [fviolation is not abated by November 16, 2005, a fine of $50 per day will be imposed. Operational costs will be imposed in the amount of $168.57, to be paid within 60 days. Respondent must contact Officer Jackson within 24 hours of abatement to confirm that all requirements have been met. BCC vs. Frank Justiniano - Case No. SO 139754 This hearing was requested by Deputy Allen, who was not present. Respondent, Frank Justiniano, was not present. Violation: Ord. Sec. 130-66, Parking in the Right of Way. Matter will be continued, must re-notice both parties. BCC vs. Maximo Place res - Case No. SO 135951 This hearing was requested by Deputy Grant, who was not present. Respondent, Maximo Placeres, was not present. Violation: Ord. Sec. 130-66, Parking in Bike Path. Matter will be continued, must re-notice both parties. BCC vs. Floyd M. Polling - Case No. SO 151774 This hearing was requested by Deputy Keller, who was not present. 4 September 16, 2005 Respondent, Floyd M. Polling, was present. Violation: 130-66, Expired Meter. Respondent offered a written request for dismissal which was marked as "Respondent's Composite Exhibit 1" and will be regarded as a motion. Respondent's motion for dismissal was granted. BCC vs. Flovd M. Pollin2: - Case No. SO 151785 This hearing was requested by Deputy Keller, who was not present. Respondent, Floyd M. Polling, was present. Violations: Ord. Sec. 130-66, Expired Meter Respondent offered a written request for dismissal which was marked as "Respondent's Composite Exhibit 1" and will be regarded as a motion. Respondent's motion for dismissal was granted. BCC vs. Daniel J. Macabov - Case No. SO 151786 This hearing was requested by Deputy Keller, who was not present. Respondent, Daniel J. Macaboy, was present. Violation: Ord. Sec. 130-66, Expired Meter. Respondent stated he has a beach parking sticker but that it is located on the right side of his vehicle rather than the left and possibly Officer Keller did not see it. Respondent requested dismissal. Respondent's request was granted. BCC vs. Stephen W. Schessler - Case No. 2005050256 This hearing was requested by Officer Heather Grimshaw, Collier County Code Enforcement, who was not present. Officer John Olney appeared on behalf of Officer Grimshaw. Respondent, Stephen W. Schessler, was not present. Violation: Ord. 99051 Sec. 6, 7 & 8, Litter! Abandoned Items on Residentially Zoned Property. Officer Olney stated he personally observed violation at 1216 Rosemary Lane yesterday. NOV was posted and Notice of Hearing was posted. Do 5 September 16, 2005 not know if property is inhabited. Violation involves litter first observed on May 6, 2005 and as of yesterday has not been cleaned up, with additional litter in rear. Litter is visible from street. Photo was provided. Recommendation is that all litter be removed from the property within 14 days, September 30, 2005, or a fine of $50 per day to be imposed for each day the violation continues after September 30, 2005; Respondent must notify Investigator Grimshaw when the violation is abated so she may make final inspection to verify abatement. Last posting was on September 6, 2005 at both house and courthouse. Proper notice was given. Respondent was found GUILTY of violation. Respondent did not appear voluntarily. Respondent is ordered to abate the violation by September 30,2005, by removing all of the litter. If abatement does not occur by that date, a fine of $50 per day will be imposed for each day thereafter the violation continues. Operational costs will be imposed in the amount of $169.42. Code Enforcement must be notified within 24 hours of abatement so that verification of compliance can occur. BCC vs. Patrick K. & Gine:er L. Gandv - Case No. 2005080097 This hearing was requested by Officer Shawn Luedtke, Collier County Code Enforcement, who was present. Respondents, Patrick K. & Ginger L. Gandy, were present. Violation: Ord. 04-41 as Amended Sec. 2.01.00, Prohibited Storage/Parking of an Unlicensed Vehicle. Officer Luedtke stated violation exists at 1993 41st Terrace SW as of morning of September 16,2005. Presented photo. NOV 8/2/05. Case was prepared for Special Master based on a prior NOV for same type of violation. Respondent advised Officer Luedtke that vehicle belongs to a mutual friend. Vehicle has an expired Arkansas tag and a flat tire. Respondent Ginger Gandy stated that owner of vehicle has cancer and had to return to Arkansas to get medical treatment. Vehicle is rare car and Respondents would like to return to owner. Owner has only one year to live. Officer Luedtke stated that original NOV issued by Investigator Schribner on 7/2/04 involved a box trailer with no valid tags, commercial vehicle, which was removed. Violation involving box trailer had been completely abated. OSM case was brought from first violation because Respondents had already been noticed for this violation. Vehicle in question was originally observed on 8/2/05. Respondents do not know how long vehicle has been there, says owners have been gone six months. Proper notice was given. Respondents were found GUILTY of the violation. Respondents are required to abate the violation within 14 6 September 16, 2005 days, September 30,2005. Ifviolation is not abated by September 30, 2005, a fine of $50 per day will be imposed. Operational costs are imposed in the amount of $168. 97, to be paid within 30 days. Contact Officer Luedtke so that he can confirm violation has been abated. BCC vs. Paul-Michael J. Conroy - Case No. 2005080413 This hearing was requested by Officer Shawn Luedtke, Collier County Code Enforcement, who was present. Respondent, Paul-Michael J. Conroy, was not present. Violation: Ord. 99-51 Sec. 6, 7 & 8, Accumulation of Litter on Noted Residential Property. Officer Luedtke stated the original complaint was issued August 2,2005 regarding litter on the property. Photo was supplied. Property located at 4449 19th Place SW. Violation remained as of morning of hearing, September 16,2005. NOV on a prior case for litter was served by Officer Jim Hoopengamer via certified mail, green card received back. Officer Luedtke proceeded off of the first NOV since Respondent was already notified of violation. Notice of hearing was sent certified mail, green card received back. Proper notice was given. Respondent was found GUILTY of violating ordinance. Respondent did not appear at hearing voluntarily. Respondent must abate the violation within five days, September 21, 2005, or a fine of $50 per day for each day thereafter. Respondent is required to pay operational costs of $158.92, to be paid within 30 days, October 16, 2005. Respondent must contact Code Enforcement within 24 hours of the abatement of the violation to allow the investigator to confirm that abatement has occurred. BCC vs. Garv L. & Diane Murphv - Case No. 2005060637 This hearing was requested by Officer Ron Martindale, who was present. Respondents, Gary L. & Diane Murphy, were represented by Ron DeVoe, friend. Violation: Ord. 02-01 Sec. 103.11, Swimming Pool Without Enclosure/Fence. Officer Martindale stated case involved swirnming pool without adequate safety barriers and also contains stagnant water. Photo submitted. Temporary barrier was put up last year, but is down now, and is inadequate, pool is in a residential neighborhood and poses danger to juveniles. NOV came back undeliverable, posted at courthouse in July 7 September 16, 2005 2005. Photos taken yesterday, violation still exists. Building is unsecured and vacant. Needs adequate enclosure and removal of stagnant water to prevent injury to neighborhood children. Owner lives in South Fort Myers and the Keys. Mr. DeVoe indicated pool can be pumped out today and temporary fence can be put up by mid next week for permanent structure. Lawn can be done by next week, locks will be put on doors right away. Permanent structure will be discussed with owner and taken care of. Proper notice was given. Respondents were found GUILTY of violating the ordinance. Respondents are not present voluntarily. Respondents representative is not acknowledged as a legal representative. Respondents are required to abate the violations by putting up a temporary barrier around the pool by Monday, September 19, 2005; stagnant water must be pumped out by September 19, 2005; permit must be acquired and erection of permanent barrier must be completed by September 30,2005. If there is a delay caused by the County, Respondents must contact Investigator Martindale to notify him. All requirements must be complied with in 14 days of to day's date. Must contact investigator that violation has been abated so he can confirm abatement. If abatement is not accomplished within 14 days of today's date, a fine of $1 00 per day thereafter will be imposed. Operational costs are imposed of $163.47, to be paid by September 30, 2005. BCC vs. John T. Conroy. Jr. - Case No. 2004100936 This hearing was requested by Officer Sherry Patterson, Collier County Code Enforcement, who was present. Respondent, John T. Conroy, Jr., was represented by Michael Durant, Esquire, of Conroy, Conroy and Durant. Violation: Ord. 02-01 Sec. 10.02.06, Fence Surround Naples Pre School Academy Without Permit. Officer Patterson stated this case is in regard to the Naples Pre School Academy at 1275 Airport Road South, case was originally started on October 22, 2004 due to color of fence which was in violation. That violation has been abated. During investigation, it was discovered that there was no permit issued for the fence. On February 2, 2005 NOV was sent certified mail with a compliance date of February 22,2005. Green card was received February 8, 2005. Recheck of permit status revealed it is now in issued status, permit will be after-the- fact permit and will have to be CO'd with all inspections done within 60 days which would make compliance date September 27,2005. Permit was issued on July 27,2005. Notice of Hearing was received by recipient on September 6,2005. Recommendation, Respondents obtain all inspections and permits for the fence or remove the fence and that Respondent pay all operational costs 8 September 16, 2005 incurred in prosecution of the case. Respondents must obtain CO as required by Collier County Land Development Code within 30 days of today's hearing or a fine of $75 per day be imposed. Should the Respondent choose not to permit the structure, get it CO'd, Respondent should remove the structure within 30 days oftoday's hearing or a fine of $75 per day be imposed, and must notify Officer Patterson when violation has been abated in order for final inspection to be conducted. Mr. Durant stated after permit was issued, the Fire Marshall stated a panic button was required; there is no electricity to the fence. Contractor has met with Fire Marshall and they have agreed within the last two weeks to a non-electric panic button setup, but required that plans be resubmitted and re-permitted. Probably cannot be completed within 60 days, but best effort will be given. Officer Patterson stated she does not believe Respondent has acted in a timely manner in this matter, poor contact. Mr. Durant requested 60 days to abate violation. Proper notice was given. Respondent was found GUILTY of violating the ordinance. Respondent is required to abate the violation by obtaining building permit, getting appropriate inspections and obtaining Certificate of Occupancy as required within 60 days, by November 15, 2005. Respondent has the option ofremoving the structure within 60 days. Respondent must notify investigator when violation is abated so investigator can confirm that abatement has occurred. If Respondent has not done all that is required by November 15,2005, afine of$75 per day will be imposed. All contact henceforth is to be between the investigator and Mr. Durant's office. Operational costs are imposed, the amount of which are to be calculated by Code Enforcement Office based on the current accounting of this particular case addressing only the hours spent on the problems with the fence subsequent to the painting issue, meaning the permitting issue only, to be paid in 60 days. B. Requests for Reduction of Fines BCC vs. Frank Duclos & Lisette BriveUe -Case No. 2005030015 This hearing was requested by Respondent Frank Duclos, who was present. Officer Shawn Luedtke, Collier County Code Enforcement, was present. Respondent Duclos requested his fine be reduced because he did not park his trailer in front of house on each and every day encompassed by the violation, he only parked there occasionally at lunch time and when he cut his grass. Officer Luedtke stated there was an Affidavit of Compliance and Respondent has been in compliance for the past two or three weeks so fines stopped accruing. As of a week or so ago, vehicle was there at lunch time. Respondent stated trailer has not been illegally parked since April 17,2005. 9 September 16, 2005 Cannot reduce fine. Respondent cannot be in violation for any length of time for any reason. County is not required to prove Respondent was in violation every single day. BCC vs. Frank Lae:onie:ro - Case No. 2005020112 This hearing was requested by Respondent Frank Lagonigro, who was present. Officer Ron Martindale, Collier County Code Enforcement, was present. Respondent Frank Lagonigro stated the basis for his request for a reduction of fine and the lien being removed from his property is that the permit was lost in the mail for about three weeks; he did call the office and was faxed a copy of the permit so that was when he could begin process of getting work done; there was also some lack of communication and difficulty getting a contractor to do the work. Officer Martindale stated Respondent Lagonigro made every effort to comply and is at this time in compliance, there was mix-up getting permit, went through many different departments. As there were delays Respondent Lagonigro had no control over that contributed to the delay that caused the fines to accrue, fines of $750 are waived, lien is to be removed; Code Enforcement Office is directed to prepare an Order for Special Master to sign and is directed to record it after it is signed. 3. Comments None. 4. Next Meetine: Date October 7, 2005 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 10:40 a.m. COLLIER COUNTY SPECIAL MASTER Honorable Brenda Garretson 10