Spec Master Minutes 10/07/2005
October 7, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, October 7, 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: Jason Bires
Page 1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: October 7, 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 VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE
RESPONSIBLE FOR PROVIDING THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
2. PUBLIC HEARINGS
A. STIPULATIONS
1.
BCC vs. Bolding & Company, Inc.
2005070730
B. MOTIONS
1. Request for Coutinuance
a. BCC vs. Antone & Amy Mendez
2005050709
2. Request for a Reduction of Fines
a. BCC vs. Davis Blvd Plaza, LLC
2004060657
C. HEARINGS
1. CASE NO: SO 146477
OWNER: LINDA KISTLER
OFFICER: DEP. HEMS
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED PARKING
2. CASE NO: SO 147695
OWNER: MARIO A. MIRO
OFFICER: DEP. GUNKLE
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED PARKING
3. CASE NO: SO 151752
OWNER: ANTHONY MALETTE
OFFICER: DEP. KELLER
VIOLATIONS: ORD. SEC. 130-66
EXPIRED METER
4. CASE NO: SO 151777
OWNER: EMILIO TURROS
OFFICER: DEP. KELLER
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED PARKING
5. CASE NO: SO 133284
OWNER: JOSEPH GOV AEEA
OFFICER: DEP. KLINKMANN
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED P ARKlNG
6. CASE NO: SO 145020
OWNER: LORRAINEJ.SCRENCI
OFFICER: DEP. FAULKS
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED P ARKlNG
7. CASE NO: SO 139754
OWNER: FRANK JUS TIANO
OFFICER: DEP. ALLEN
VIOLATIONS: ORD. SEC. 130-66
UNLAWFUL AREA P ARKlNG
8. CASE NO: SO 135951
OWNER: MAXIMO PLACERES
OFFICER: DEP. GRANT
VIOLATIONS: ORD. SEC. 130-67
HANDICAPPED PARKING
9. CASE NO: CO 3756
OWNER: RANDY JOHNS
OFFICER: INV. KEVIN HALES WORTH
VIOLATIONS: ORD. 04-41 AS AMENDED, SEC. 3.04.02 A
ENVIRONMENTAL VIOLATION
10. CASE NO:
OWNER:
OFFICER:
CO 4176 AND CO 4177
CRAIG S. STEPHENS
INV. CHRISTOPHER AMBACH
VIOLATIONS:
ORD. 04-41 AS AMENDED, SEC. 2.01.00 BAND 10.02.06 (B)
ILEGALL Y PARKED CAMPER/CANOPY STRUCTURE IN FRONT YARD
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:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005060898
FRANCES J. COLLIER
INV. JEAN NADEAU
ORD. 04-41 AS AMENDED SEC 2.01.00(A)
STORAGE OF MULTIPLE UNLICENSED/INOPERABLE VEHICLES
2005080163
SALVATORE & ANTOINETIE CAVATAIO
INV. ROBERT MANGlANTE
ORD. 99-51 SEC 11
WEEDS
2005050709
ANTONE & AMY MENDEZ
INV. JOHN SANTAFEMIA
ORD 2004-58 SEC 6
MINIMUM HOUSING VIOLATIONS
2005050710
ANTONE & AMY MENDEZ
INV. JOHN SANTAFEMIA
ORD 2004-58 SEC 6
MINIMUM HOUSING VIOLATIONS
2005060929
BARBARA COOK
INV. JEFF LETOURNEAU
ORD. 81-42 SEC 1
BUSINESS OPERATION WITHOUT OCCUPATIONAL LICENSE
2005080056
ROBERT A. FLICK
INV. JEFF LETOURNEAU
ORD. 2004-58 SEC 6
MINIMUM HOUSING VIOLATIONS
2005040823
BARNETI BANK
INV. TRAVIS SNODERLY
ORD. 04-41 AS AMENDED SEC 10.02.06 (B)
GROUND SIGN WITHOUT VALID PERMIT
2005040822
HOME DEPOT USA, INC.
INV. TRAVIS SNODERLY
ORD. 04-41 AS AMENDED SEC 10.02.06 (B)
POLE SIGN WITHOUT VALID PERMIT
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:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005051166
ROBERT BEAN
INV. SHAWN LUEDTKE
ORD. 04-41 AS AMENDED SEC 10.02.06(B)
GATE ERECTED WITHOUT PERMITS
2005040231
PAUL G. SIMARD
INV. JOHN OLNEY
ORD. 04-41 AS AMENDED SEC 5.02.03 C
HOME OCCUPATION VIOLATION
2005030956
SCOTT & DENISE WEIKEL
INV. JOHN OLNEY
ORD. 04-41 AS AMENDED SEC 10.02.06 (B)
FLORIDA BUILDING CODE 2002-01, SEC 104.1.1 & 106.1.2
GARAGE CONVERTED INTO LIVING SPACE
2005020698
NAPLES SOUTH REALTY
INV. JOHN OLNEY
ORD. 04-41 AS AMENDED SEC 5.03.04
DUMPSTER WITHOUT REQUIRED SCREENING
MOTION FOR RE-HEARING CONTINUED FROM 6/3/2005
2005070547
ZONIA & JULIO LAMBERT
INV. EVERILDO YBACETA
ORD. 04-41 AS AMENDED SEC 1.04.01 & 2.01.00
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
2005051092
EDWARD J. HILL
INV. EVERILDO YBACETA
ORD. 04-41 AS AMENDED SEC 1.04.01 & 2.01.00
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
2005050786
LAMBERTO AGUIRRE
INV. EVERILDO YBACETA
ORD. 04-41 AS AMENDED SEC 1.04.01 & 2.01.00
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
2005051131
CSE PROPERTIES, LLC
INV. EVERILDO YBACET A
ORD. 04-41 AS AMENDED SEC 1.04.01 & 2.01.00
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
30. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
31. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
32. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. COMMENTS
4. NEXT MEETING DATE
OCTOBER 26, 2005
5. ADJOURN
2005070086
HOMERE & JANISE HYPPOLITE
INV. EVERILDO YBACETA
ORD. 04-41 AS AMENDED SEC 1.04.01 & 2.01.00
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
2005080073
ALEJANDRA LYNCH
INV. EVERILDO YBACETA
ORD. 04-41 AS AMENDED SEC 2.01.00
STORAGE OF A COMMERCIAL STORAGE CONTAINER
2005060875
PHIDIAJ. POLLIS
INV. HEINZ BOX
ORD. 04-41 AS AMENDED SEC 5.03.01
CANOPY STRUCTURE WITHOUT PERMITS
2005031083
PHIDIAJ. POLLIS
INV. HEINZ BOX
ORD. 04-41 AS AMENDED SEC 2.01.00
RECREATIONAL VEHICLE/BOA T PARKED IN DRIVEWAY
2005060597
JAMES & CATHRYN ELDRIDGE
INV. HEINZ BOX
ORD. 04-41 AS AMENDED SEC 5.02.03
HOME OCCUPATION GENERATING EMPLOYEE TRAFFIC
2005050359
PETER SCHMUCK
INV. JACK FORDHAM
ORD. 04-41 AS AMENDED SEC 2.01.00
STORAGE OF COMMERCIAL VEHICLE(S)
October 7,2005
1. Call to order
A. The Meeting was called to order by Honorable Special Master Brenda Garretson
at 8:58 AM.
All those testifying at these proceedings today did so under oath.
B. Hearing Rules and Regulations were given.
BREAK FOR STIPULATIONS - 9:05 A.M.
Special Master Garretson gave the Respondents an opportunity to speak with their
Investigating officer before conducting the Hearing for a Resolution by stipulation;
looking for Compliance without being punitive.
RECONVENED - 9:21 A.M.
2. Public Hearin2s
STIPULATIONS
1. Case #2005070730 - BCC vs. Boldin2 & Company, Inc.
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was not present.
Investigator Luedtke stated the Respondent failed to obtain an Occupational license and
had problems with fire inspections. (212 Harbor Place)
A stipulation was agreed upon by the Respondent.
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 October 30,
2005 or a fine of $500 per day will be imposed for each day the violation remains
thereafter. Respondent is ordered to pay Operational Costs in the amount of$170.51
incurred by Code Enforcement during the prosecution of this case on/or before
November 7,2005.
Respondent is to notify Investigator Luedtke within 24 hours if the violation remains
after the above date.
19. Case #2005051166 - BCC vs. Robert Bean
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondent was not present.
An amended stipulation will be made with the Respondent being K & B Company, Inc.
Robert Bean has signed as a partner of the Company.
Violation(s): Ordinance 04-41 as amended Section 10.02.06 (B)
Gate erected without pennits.
Investigator Luedtke stated the Respondent has a gate across an easement, land locking
an adjoining property owner, without pennits at 10 II 0 Laredo Street, East Naples.
Stipulation was agreed upon by the Respondent.
Page 2
October 7, 2005
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to abate all violations by removing the gate
from the location and reinstall on Respondents property on/ or before October 23, 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 $173. 99 incurred by
Code Enforcement during the prosecution of this case on/or before November 7, 2005.
Respondent is to notify the Investigating Officer within 24 hours if the violation
remains after the above date.
18. Case #2005040822 - BCC vs. Home Depot USA, Inc.
This hearing was requested by Code Enforcement Investigator Travis Snoderly who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 10.02.06 (B)
Pole Sign without Valid Permit
A sign for the Home Depot location was shown on the visualizer.
Above Ordinance and also Section 10.02.06 (B2A) and 10.02.06 (DIX).
A stipulation has been agreed upon by the Respondent.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to obtain proper building permits and all
required inspections including a Certificate of Occupancy 011 or before December 6,
2005 or afine of$75 per day will be imposed for each day the violation remains
thereafter. If the Respondent chooses not to permit, or cannot obtain the proper
permits, the Respondent must remove the non-permitted sign on/or before December 6,
2005 or afine of$75 per day will be imposed for each day the violation remains
thereafter.
Respondent is ordered to pay Operational Costs in the amount of$191.88 incurred by
Code Enforcement during the prosecution of this case on/or before December 6, 2005.
The Respondent will contact the Investigating Officer to schedule the final inspection
to concur the violation has been abated.
17. Case #2005040823 - BCC vs. Barnett Bank
This hearing was requested by Code Enforcement Investigator Travis Snoderly who was
present.
The Respondent was not present. Respondent is now known as Bank of America.
Violation(S): Ordinance 04-41 as amended Section 10.02.06 (B)
Ground Sign without valid permit.
A stipulation has been agreed upon by the Respondent - address is 4898 Davis Blvd.
(An amended stipulation is needed to confirm Barnett Bank is now Bank of America with
a legal signature of an attorney or legal representative.)
This will be recalled later in the day.
Page 3
October 7,2005
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to obtain the proper building permit and all
required inspections on or before December 6, 2005 or afine of$75 per day will be
imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$197.42 incurred by
Code Enforcement during the prosecution of this case on/or before November 7, 2005.
The Respondent will contact the Investigating Officer to schedule an inspection to
concur the violation has been abated.
32. Case #2005050359 - BCC vs. Peter Schmuck
This hearing was requested by Code Enforcement Investigator Jack Fordham who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Storage of Commercial Vehicle
Address: 44 24th Place SW - NOV issued on April 24, 2005. Property has been sold
and violation abated.
A stipulation has been agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, andfinding 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$199.85
incurred by Code Enforcement during the prosecution of this case on/or before
November 7, 2005.
B. MOTIONS
1. Request for Continuance including Case's #13 & 14 according to the
Agenda
a. Case #2005050709 & Case #200505071 0
BCC vs. Antone & Amy Mendes
This hearing was requested for a Continuance by the Respondent who was present.
The Code Enforcement Investigator John Santafemia was also present.
Special Master Garretson had received a letter from Mr. Poteet, realtor.
Investigator Santafemia objected to the Continuance for the minimum housing violations.
The case has been open since May 2005. The Respondent(s) are in compliance at this
time and Investigator Santafemia is asking for Operational Costs only.
When he spoke with the Respondent on August 17, 2005 he hadn't yet complied. The
Demolition permits were applied for both properties on September 19, 2005.
The Respondent stated he applied for the demolition permit and received bids. He had
been told he did not need permits at one time.
There was a question of whether the Respondent needed a surveyor not. Special Master
Garretson stated the County possibly made misrepresentations. The letter from Mr.
Poteet cannot be the Respondents representative as he is not an attorney.
Page 4
October 7, 2005
The Motion for Continuance was DENIED.
Finding the Notice of Hearing was properly served, and finding the violation did exit,
but was CORRECTED prior to today's hearing, Respondent is found guiltily of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $400
incurred by Code Enforcement during the prosecution of this case on/or before
October 17, 2005.
(The Respondent submitted a check for the Operational Costs of $400 at this Hearing
on October 7, 2005.)
2. Request for a Reduction of Fines
a. BCC vs. Davis Blvd. Plaza LLC
This hearing was requested by the Respondent who was present.
(Henry Holzkamper)
The Code Enforcement Investigator Sherry Patterson was also present.
The Respondent indicated and summarized his dilemma with the painting of the Davis
Blvd Plaza. The buildings needed to be painted with colors according to the County
Code. He indicated he ran into several obstacles to comply within the timeframe and
approval of Collier County. He asked for the hearing to get the fines abated, but to date
has not received notification of any fines. He stated it was not fair.
Investigator Patterson replied the Respondent had been in violation on July 3 and had 30
days from that date to repaint the Plaza. She asked the request for Reduction of Fines be
denied as the violation was not abated until September 7, 2005 without any contact from
the Respondent. The Respondent had been given an extra 15 days, as a benefit to him,
before the fines accrued. Pictures were offered into evidence.
Finding the Violation did exist, but was CORRECTED prior to today's hearing;
Respondent is given a Reduction of Fines and is ordered to pay $1,750 by November 7,
2005.
Respondent is ordered to pay Operational Costs in the amount of $287.25 incurred by
Code Enforcement during the prosecution of this case on/or before November 7, 2005.
21. Case #2005030956 - BCC vs. Scott & Denise Weikel
Michael D'Onofrio, Esq, Quarles & Brady representing the Respondents was
present on their behalf.
This hearing was requested by Code Enforcement Investigator John Olney who was
present.
The Respondents, being represented by Quarles & Brady, were not present.
Violation(s): Ordinance 04-41 as amended Section 10.02.06(B) - Florida Building Code
2002-01, Section 104.1.1 & 106.1.2
Garage converted into living space.
A stipulation was agreed upon by the Respondent.
Mr. D'Onofrio requested Operational Costs be waived. It was unknown to the
Respondents when they purchased the residence that the garage had been converted into
living space without proper permits. He stated homes are being purchased more often
Page 5
October 7,2005
without knowledge of permits for improvements. He also asked for a year to come into
compliance.
Finding the Notice of Hearing was properly served, andfinding 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 $174.82
incurred by Code Enforcement during the prosecution of this case on/or before
December 7, 2005.
The violation will be abated on or before October 7, 2006 and Code Enforcement will
be notified within 24 hours to concur the violation has been abated.
Amended Stipulation Aereement
#2005040823 - BCC vs. Barnett Bank now known as "Bank of America, NA"
Claire B. Carraway, Assistant General Counsel as successor to Barnett Bank
The Stipulation was accepted with the Amended name presented. The previous portions
of the stipulation remain the same.
BREAK - 10:52 AM
RECONVENED - 11 :05 AM
1. Case #SO 146477 - BCC vs. Linda Kistler
This hearing was requested by the Respondent who was present.
The Sheriffs Officer Deputy Helms, was not present.
Violation(s): Ordinance 130-67
Handicapped Parking
Finding the Notice of Hearing was properly served, the Citation was DISMISSED.
2. Case #SO 147695 - BCC vs. Mario A. Miro
This hearing was requested by the Respondent who was present.
The Sheriffs Officer Deputy Gunkle was not present.
Violation(s): Ordinance 130-67
Handicapped Parking
Finding the Notice of Hearing was properly served, the Citation was DISMISSED.
3. Case #SO 151752 - BCC vs. Anthonv Malette
This hearing was requested by the Respondent who was not present.
The Sheriffs Officer Deputy Keller was present.
Violation(s): Ordinance 130-66
Expired Meter
Page 6
October 7, 2005
Deputy Keller testified the vehicle was parked at an expired meter in the Seagate Parking
Lot and did not see a sticker or handicapped placard.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and ordered to pay the fine of $30 on/or before November 7,
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 November 7, 2005.
4. Case #SO 151777 - BCC vs. Emilio Turros
This hearing was requested by the Respondent who was not present.
The Sheriff's Officer, Deputy Keller was present.
Violation(s): Ordinance 130-67
Handicapped Parking
Deputy Keller testified he was in Sam's Parking lot and observed a vehicle parked in a
handicapped parking space without a displayed handicapped placard.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay the fine of $250 on/or before November
7, 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 November 7, 2005.
5. Case #SO 133284 - BCC vs. Joseph Govaeea
This hearing was requested by the Respondent who was not present.
The Sheriff's Officer, Deputy Klinkmann was present.
Violation(s): Ordinance 130-67
Handicapped Parking
Deputy Klinkmann testified on August 24, 2005 he observed a vehicle parked in the
Golden Gate Plaza parked in a handicapped parking space without a displayed
handicapped placard. The Respondent admitted he did not have a placard.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to pay the fine of $250 on/or before November
7, 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 November 7, 2005.
6. Case #80145020 - BCC vs. Lorraine J. Screnci
This hearing was requested by the Respondent who was not present.
The Sheriff's Officer, Deputy Jack Faulks was present.
Violation(s): Ordinance 130-67
Handicapped Parking
Page 7
October 7,2005
Deputy Faulks testified when on patrol on August 8, 2005 in the Granada Shopping
Center he observed a vehicle parked in a Handicapped Zone without a handicapped
placard displayed.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to pay ajine of $250 to be paid on/or before
November 7, 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 November 7, 2005.
7. Case #SO 139754 - BCC vs. Frank Justiano
This hearing was requested by the Respondent who was not present.
The Sheriffs Officer, Deputy Allen was present.
Violation(s): Ordinance 130-66
Unlawful Area Parking
Deputy Allen (Youth Relations Deputy) testified a vehicle was observed parked in the
swale area around Golden Terrace Elementary school. Picture was shown.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY
of the alleged violations and is ordered to pay the jine of $30 to be paid on/or before
November 7,2005.
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 November 7, 2005.
8. Case #SO 135951- BCC vs. Maximo Placeres
This hearing was requested by the Respondent who was present.
Sheriff s Officer, Deputy Grant was also present.
Maribella LaFono, significant other and witness translated for the Respondent.
Violation(s): Ordinance 130-67
Handicapped Parking
The Respondent testified they took their car to the Mitsubishi Dealer for repairs. They
had special Bumper to Bumper Insurance. They were asked to pay $84 for the repairs
before leaving the premise. The Respondent got upset, removed the tags and left. After
returning the following day and speaking with several persons at the Dealership, they
were told the car had been towed.
They were then notified by a friend that their vehicle was sighted in a ditch with no tags.
They had been issued a citation for handicapped parking.
In the meantime, Mitsubishi will not answer their telephone calls. Consequently they
asked for this hearing.
Deputy Grant testified she observed an abandoned vehicle on August 15, 2005 at 13 51
Pine Street. Pictures were shown of the vehicle parked approx. 3 feet in front of a sign in
the roadway and approx. 50 feet of the Mitsubishi dealership. The citation was issued.
Page 8
October 7,2005
Finding the Notice of Hearing was properly served, the Respondent is found NOT
GUILTY of the alleged violations(s) due to circumstances of no intent.
31. Case #2005060597 - BCC vs. James & Cathryn Eldride:e
This hearing was requested by Code Enforcement Investigator Heinz Box who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 5.02.03
Home Occupation Generating Employee Traffic
A Stipulation was agreed upon by the Respondent.
Investigator Box testified a business was being conducted from a residence at 1350 Old
Livingston Road, Naples.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to cease all commercial traffic to and from the
Respondents residence, and pay a fine of $250 on/or before October 15, 2005.
Respondent is ordered to pay Operational Costs in the amount of $209.54 incurred by
Code Enforcement during the prosecution of this case on/or before October 15,2005.
9. Case #CO 3756 - BCC vs. Randy Johns
This hearing was requested by the Respondent who was present.
Jeff Lane, a witness from Phoenix Assoc. is also present.
Code Enforcement Investigator Kevin Halesworth was also present.
Violation(s): Ordinance 04-41 as amended, Section 3.04.02 A
Environmental Violation
The Respondent is a Contractor working on a berm and turtle preserve. He testified he
was accused of destroying turtles. The Respondent stated Investigator Halesworth,
Environmental Specialist, told him there were pictures of him destroying the turtles. The
Respondent was asked to sign a Citation in which he refused. More officers and deputies
were called. He had been told to sign the citation or go to jail. His Miranda Rights were
read.
The Respondent stated he was not guilty of any wrong doing and was unfair getting the
citation.
Mr. Lane proceeded to testify. There is 1,500 linear feet of fencing and the area is 660 x
60 foot - approx. 1 acre which is approx. $IM worth of property set-aside for two sick
tortoises. The couple feet of fence are in the process of being repaired.
Investigator Halesworth wanted the record to show they are discussing Gopher Tortoises
and not turtles. The Tortoises like dry land. The citation was given for not maintaining
the preserve according to Collier County Code and Preserve Standards. He placed a
"stop work order" for his safety while investigating and concern for the gopher tortoises.
The violation was for the preserve not being maintained. He made no accusations but
stated he received an anonymous complaint of the Respondent damaging tortoises.
Pictures of the machinery and trash observed in the preserve were shown. His primary
concern is the damaged fence. All of the above are in violation of the LDC. He
Page 9
October 7,2005
originally visited the site on June 7, 2005 in which there was no Preserve Manager in
sight. A Manager has now been obtained. The last day on the property was October 6,
2005 and the work was fantastic.
A picture of a gopher tortoise was shown.
** It was noted not signing the citation is a misdemeanor and not admission of guilt.
(Any references to turtles in the above testimonies are referring to tortoises.)
This case was CONTINUED for a future Hearing.
10. Case #CO 4176 & CO 4177 - BCC vs. Crail! S. Stephens
This hearing was requested by the Respondent who is present.
Code Enforcement Investigator, Christopher Ambach is also present.
Violation(s): Ordinance 04-41 as amended, Section 2.01.00 B & 10.02.06 (B)
Illegally Parked Camper/Canopy Structure in front Yard
The Respondent stated he was given 24 hours to move his vehicle and remove the canopy
on the 23rd of August. He complied and would like the fines reduced.
Investigator Ambach testified the violations were for removing the canopy and a repeat
offense of removing the RV off the lot. A Notice of Violation had been issued to the
Respondent for the RV in 2004. The citation was then issued for his first offense.
A citation was then issued for the canopy to be moved to the rear of the home. Instead it
was re-erected in the front yard. Drawings of where to put the canopy were shown into
evidence.
Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY
of the alleged violation(s) for Case #CO 4176 and is ordered to pay the fine of $1 05
on/or before November 7, 2005.
12. Case #2005080163 - BCC vs. Salvatore & Antoinette Cavataio
This hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Schwartz was present.
Violation(s): Ordinance 99-51 Section 11
Weeds
Investigator Schwartz testified this is a continual problem with 23 weed cases since 1993.
The property is located in Golden Gate City. The County has contracted for the cutting
and posted the property and court house. The Respondent is paying for the service.
Finding the Notice of Hearing was properly served; the Respondent isfound GUILTY
of the alleged violation(s) and is ordered to abate the violation on/or before October 12,
2005 and to pay afine of$500 on/or before November 7,2005 or afine of$100 per day
will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $186.77 incurred by
Code Enforcement during the prosecution of this case on/or before November 7,2005.
The Respondent will contact the Investigator to concur the violation has been abated.
Page 10
October 7,2005
15. Case #2005060929 - BCC vs. Barbara Cook
This hearing was requested by the Respondent who was present.
Code Enforcement Investigator Jeff Letourneau was also present.
Violation(s): Ordinance 81-42 Section 1
Business Operation without Occupational License
Investigator Letourneau testified on June 22, 2005 he received a complaint on a business
being conducted at 278 Capri Blvd. and noticed a sign advertising therapy. He found
there hadn't been an occupational license obtained. The owner contacted him on July 25,
2005 and he accompanied her to the licensing department. He was told by the
Respondent, the County did not have a classification for that type of an occupation. The
license has not been applied for to-date.
The Respondent explained she wasn't sure she was running a business. She has an office
donated to her for studying. She is a Spiritual Healer and a light specialist and does not
receive compensation. Since the County could not find a category for her she was listed
as a "consultant". She applied for the license and the County declined and mentioned she
should apply for a residential license. She stated she does not treat at home.
The case was CONTINUED for a future hearing.
Motion for Re-hearinJ! Continued from June 3. 2005
22. Case #2005020698 - BCC vs. Naples South Realtv
The Respondent, Zachary Berg, was present.
Code Enforcement Investigator John Olney was also present.
Violation(s): Ordinance 04-41 as amended Section 5.03.04
Dumpster without Required Screening
Investigator Olney gave an update for the re-hearing. Notice of Violation stated the
shopping center needed a 3 sided structure around the garbage dumpster. A site
development plan was also needed. The Respondent was given 3 months to report status
of violation. The Respondent has submitted site development plans.
The Respondent testified he needs a building permit and explained the details of what is
further needed for submittal.
The request was granted for an extension of time. The Respondent is to comply on/or
before January 7,2005. lfthere are any additional difficulties in the permitting
process with the County, the Respondent is to notify Investigator Olney with
documentation stating the cause of his delays. The Respondent is to submit a written
request to the Investigator for an extension which would not require appearing before
the Special Master.
28. Case #2005080073 - BCC vs. Alejandra Lynch
This hearing was requested by the Respondent who was present.
Code Enforcement Investigator Everildo Ybaceta was also present.
Page 11
October 7,2005
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Storage of a Commercial Storage Container
Investigator Ybaceta testified Joe Thompson was the Investigator in this case and is no
longer with the Department. The commercial container in question has been abated. The
Respondent would like the Operational Costs reduced.
The Respondent explained while having tile installed a storage container had been
obtained. A citation was given for the storage of a commercial container in the
Respondent's driveway. The Respondent had been in contact with the Investigator in
which she had been given an extension. She removed the container and found it difficult
to contact the Investigator further after receiving the Notice of Hearing.
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 $43.78
incurred by Code Enforcement during the prosecution of this case on or before
November 7, 2005.
29 & 30. Case #2005060875 & #2005031083 - BCC vs. Phidia J. Pollis
This hearing was requested by Code Enforcement Investigator Heinz Box who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 5.03.01, and
Ordinance 04-41 as amended Section 2.01.00
Canopy Structure without Pennits and
Recreational VehicleIBoat Parked in Driveway
Address: 1947 Harbor Lane - no pennits for canopy structure. Notice of Violation was
given on June 22, 2005. Pictures ofthe PVC pipe, the boat and canopy were shown. Re-
checked in August and on September 2, 2005 and Respondent still had not complied.
Originally the issue was the boat violation. Physically the boat could not be moved into
the back yard as the back yard is not large enough.
The Respondent testified he was to contact Wanda from the Pennitting Department
concerning the violations. Being Wanda was not available by telephone he spoke to
Planning; Planning indicated he should speak with the building inspectors and
Engineering. The Respondent spoke with someone in that department and was told he
did not need a pennit. In the meantime, Engineering spoke with the Jeff Klatzkow,
Assistant County Attorney, to make sure Engineering was correct. Mr. Klatzkow
con finned a pennit was not needed. Pictures, from the Internet, were shown of a canopy
tent not attached to a building. The Respondent made reference that the canopy tent was
a structure. The awning on his property is not a canopy tent, not structural, free standing
or pennanent. It is removable.
The Respondent submitted a memo from Mr. Klatzkow, copy to William Hammond,
Director-Building Review & Pennitting, stating no pennit was needed for this type of
structure shown.
Page 12
October 7,2005
Investigator Box had a conversation with Mr. Klatzkow in discussing the Florida State
Statutes. Ms. Wanda Warren, Permitting Department Technician, indicated the Collier
County Ordinance supersedes the Florida Statutes because of the details.
Code Enforcement Supervisor, Dennis Mitchell, explained Bill Hammond is Director of
the Building Department, Jeff Klatzkow works for Mr. Hammond. Wanda Warren is a
Planning Technician.
A lengthy discussion followed. The Collier County Land Development Code and Florida
State Statutes need to be clarified by Mr. Hammond whether a permit is needed and the
structure needs to be inspected.
The Case's are CONTINUED for a future Hearing date.
20. Case #2005040231- BCC vs. Paul G. Simard
This hearing was requested by Code Enforcement Investigator John Olney.
The Respondent was also present - representing himself, without testifying, and will
cross-examine Investigator Olney.
Violation(s): Ordinance 04-41 as amended Section 5.02.03 C
Home Occupation Violation
Investigator Olney testified the Respondent is allowing customers, clients or commercial
traffic at his residence as part of his home occupation. The Respondent was issued a
Home Occupational License as a Massage Therapist on September 1997 and is current.
The complaint referred to the Respondents business as being "Colon Hydro-Therapy."
The listing for the Respondent in the Yellow Pages reads "Colonic Irrigation."
September 2004, the Planning Department received a complaint concerning traffic to the
Respondents residence for treatment/therapy.
A number of vehicles had been observed. In checking licenses, the vehicles did not show
residence at 566 St. Andrews - (the Respondents location). On November 12,2004 a
Notice of Violation was issued and signed by the Respondent. Case was closed in
December as no violations were observed after monitoring.
On April 2005 another complaint was received. Investigator Olney had observed cars
going in and out of the garage.
The Respondent proceeded to cross-examine Investigator Olney. He asked about the
credibility of the persons making the complaints. He asked about vehicles parked in
driveways and ifit was a Code Violation of which Investigator Olney stated "no." He
indicated Investigator Olney associated the owners of the vehicles on a list as "patients."
Investigator Olney responded he was unsure of what to call the persons, but were referred
to as patients; which was a guess on his part.
Special Master Garretson responded the connotation given to the persons does not matter
in this case unless it is commercial enterprise.
The Respondent referred to the Health Insurance Protection & Privacy Act (HIPP A).
Stated it is a violation of Federal law.
Special Master Garretson responded the Investigator testified he did not know if they
were patients, and if they objected to being referred to as patients, and the fact that
information has been made part of the public record without their permission - they
Page 13
October 7,2005
would be the ones taking action against the County. This is not relevant to this Case
violation today.
The Respondent took exception to the Special Masters remarks.
Obtaining an Occupational License was discussed.
Investigator Olney mentioned on September 30, 2005 he observed the Respondent in his
garage wearing hospital scrubs. He stated the Respondent maintains there is no service
being performed; ifso, there wouldn't be a HIPPA violation. Ifthere is a HIPPA
violation, there must be a service being performed.
In summary, by the Respondent, it was stated there was no credible evidence found.
Assumptions were made - with only evidence given to visitors in his home. He asked
not to be found guilty.
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to cease and desist on/or before October 12,
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 $202.28 incurred by
Code Enforcement during the prosecution of this case on/or before November 7,2005.
16. Case # 2005080056 - BCC vs. Robert A. Flick
This hearing was requested by Code Investigator Jeff Letoumeau who was present.
The Respondent was present earlier and agreed to the stipulation, but left before the
hearing was heard.
Violation(s): Ordinance 2004-58 Section 6
Minimum Housing Violations
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY
of the alleged violation(s) and is ordered to remove the housing violations on/or before
October 15,2005 or a fine of$100 per day will be imposed for each day the violation
remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $200 incurred by
Code Enforcement during the prosecution of this case on/or before November 7,2005.
The Respondent will contact the Investigator to concur the violation has been abated.
23. Case #2005070547 - BCC vs. Zonia & Julio Lambert
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 1.04.01 & 2.01.00
Storage of Unlicensed/Inoperable Vehicles
Investigator Ybaceta testified the complaint was for inoperable vehicles.
Page 14
October 7, 2005
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 and comply with the
Ordinance on/or before October 12,2005 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 $163.47 incurred by
Code Enforcement during the prosecution of this case on/or before November 7, 2005.
24. Case #2005051092 - BCC vs. Edward J. Hill
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 1.04.01 & 2.01.00
Storage of Unlicensed/Inoperable Vehicles
The vehicles have been removed from the property.
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 $164.16
incurred by Code Enforcement during the prosecution of this case on/or before
November 7,2005.
25. Case #2005050786 - BCC vs. Lamberto Aeuirre
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): 04-4l as amended Section 1.04.0 1 & 2.01.00
Storage of Unlicensed/Inoperable Vehicles
The vehicles have been removed from the property.
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 due to being a repeat offense.
Respondent is also ordered to pay Operational Costs in the amount of $188. 65 incurred
by Code Enforcement during the prosecution of this case on/or before November 7,
2005.
27. Case #2005070086 - BCC vs. Homere & Janise Hvppolite
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.
Page 15
October 7,2005
Violation(s): 04-41 as amended Section 1.04.01 & 2.01.00
Storage of Unlicensed/Inoperable Vehicles
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 the
vehicles/or license them on/or before October 12, 2005 or a fine of $50 per day will be
imposed for each the day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $170.73 incurred by
Code Enforcement during the prosecution of this case on/or before November 7, 2005.
Respondent is to notify the Investigator within 24 hours of the abatement for a site
inspection.
26. Case #2005051131- BCC vs. CSE Properties. LLC
This hearing was requested by Code Enforcement Investigator Everi1do Ybaceta who was
present.
The Respondent was not present. Chris Eisenberg has signed on behalf of CSE
Properties as the owner.
Violation(s): 04-41 as amended Section 1.04.01 & 2.01.00
Storage ofUnlicensed/Inoperable Vehicles
A Stipulation was agreed upon by the Respondent.
The vehicles have been removed and agreed to pay Operational Costs.
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 $182. 97
incurred by Code Enforcement during the prosecution of this case on/or before
November 7, 2005.
3. COMMENTS - None
4. NEXT MEETING DATE - October 26, 2005
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Master at 2:41 PM.
Page 16
October 7,2005
FOR THE COLLIER COUNTY SPECIAL MASTER
Secretary to the Special Master, Jason Bires
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
As presented
or as corrected
Page 17