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Spec Master Minutes 01/06/2006 January 6, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, January 6, 2006 LET IT BE REMEMBERED, that the Collier County Special Master in and for the County of Collier, having conducted business herein, met on this date at 8:45 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson COUNTY STAFF PRESENT: Jason Bires, Secretary to the Special Master 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: January 6, 2006 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 2. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES SO 151728 GWEN NIELSEN KELLER ORD. SEC. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS 2005100874 BETULA LLC BOX 04-41 AS AMENDED SEC. 2.01.00 FAILURE TO PERMANENTLY REMOVE COMMERCIAL VEHICLE 2005060736 BETULA LLC BOX 04-58 SEC. 7 F AlLURE TO OBTAIN RENTAL REGISTRATION 2005090933 JAMES A ROWE TR BOX 04-58 SEC. 7 FAILURE TO OBTAIN RENTAL REGISTRATION 5. CASE NO: 2005100765 OWNER: ALJO INC OFFICER: LETOURNEAU VIOLATIONS: 04-58 SEC. 6 MINIMUM HOUSING VIOLATIONS 6. CASE NO: 2005110082 OWNER: ALJO INC OFFICER: LETOURNEAU VIOLATIONS: 04-58 SEC. 6 MINIMUM HOUSING 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: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005090757 FRYER CHUCK, INC & JACK COLBEY OLNEY 04-58 SEC. 16 FAILURE TO MAINTAIN EXTERIOR WALLS AND ROOF 2005030060 JOAN M HANDSHA W AMBACH 04-41 AS AMENDED SEC. 10.02.06; 04-58 SEC. 6 ACCESSORY STRUCTURE WITH NO PERMITS/UNSAFE 2005040410 DEBORAH A D'ANGELO & ANNETTE D' ANGELO GRIMSHAW 04-58 SEC. 6 EXTERIOR OF DWELLING IS NOT MAINTAINED IN GOOD CONDITION 2005051118 JILL WEAVER TESNO YBACETA 99-51 SEC. 7 LITTER 2005100507 TIMOTEO & GUADALUPE REZA SYKORA 05-44 SEC. 6, 7, 8 LITTER 2005120118 PATRICK A NOBLE FORDHAMN 04-41 AS AMENDED SEC. 2.01.00 UNLICENSEDIINOPERABLE VEHICLE PARKED IN REAR YARD OF PROPERTY 13. CASE NO: OWNER: OFFICER: VIOLATIONS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: 16. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 4. NEXT MEETING DATE January 20, 2006 5. ADJOURN 2005110328 TERESO BAUTISTA & EMILIANA LOPES V AASQUEZ FORDHAM 04-58 SEC. 7 NO RENTAL REGISTRATION ON FILE FOR PROPERTY 2005110329 TERESO BAUTISTA & EMILIANA LOPES V AASQUEZ FORDHAM 04-41 AS AMENDED SEC. 10.02.06 STRUCTURE ALTERED WITHOUT PERMITS 2005061003 JEAN LOUIS & ADELE GILLES FORDHAM 04-41 AS AMENDED SEC. 2.01.00 UNLICENSEDIINOPERABLE VEHICLES BEING PARKED ON PROPERTY 2004100207 FRVG, LLC PATTERSON 04-41 AS AMENDED SEC. 10.02.06 THREE WALL SIGNS AND ELECTRIC SIGN WITHOUT PERMITS January 6, 2006 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:45 AM. All those testifying at these proceedings today did so under oath. B. Hearing Rules and Regulations were given by Special Master Garretson. BREAK FOR STIPULATIONS - 8:51 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 9:09 A.M. 2. PUBLIC HEARINGS STIPULA TIONS 7. Case #2005090757 - BCC vs. Frver Chuck. Inc & Jack Colbev This Hearing was requested by Code Enforcement Investigator John Olney who was present. The Respondent was present. Violation(s): 04-58 Sec. 16 Failure to Maintain Exterior Walls and Roof The Officer testified that Mr. Colbey notified him that a coat of paint has been applied to the structure, he will verify the statement. The Respondent replied that permits are in process for a Beach Clothier to occupy the structure. 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 January 20,2006 or afine of $50. 00 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of $179.59 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. 4. Case #2005090933 - BCC vs. James A Rowe TR This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent was also present. Violation(s): 04-58 Sec. 7 2 January 6,2006 Failure to Obtain Rental Registration A stipulation was agreed upon by the Respondent. 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 cost in the amount of$194.47 incurred by Code Enforcement during the prosecution of this case on or before February 7, 2006 10. Case #2005051118 - BCC vs. Jill Weaver Tesno This Hearing was requested by Code Enforcement Investigator Ybaceta who was present. The Respondent waived her appearance based on the stipulation. Violation(s): 99-51 Sec. 7 Litter The Officer testified that the Respondent has contacted him regarding the violation having been abated. He will verify the statement within 5 days. 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 by removing debris on or before January 11, 2006 or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay operatiollal cost in the amount of$219.29 incurred by Code Enforcement during the prosecution of this case on or before February 7, 2006. The respondent must notify Code Enforcement with ill 24 hours of abatement to confirm compliance. PUBLIC HEARINGS ACCORDING TO AGENDA 1. Case # SO 151728 - BCC vs. Gwen Nielsen This Hearing was requested by the Respondent who was not present. Officer Keller present. Violation(s): Ord. Sec. 130-67 Handicapped Parking - Blocking Access The Officer testified that the Respondent's vehicle was parked, blocking the handicapped parking next to it. Photographs demonstrated. The Respondent mailed in a letter that Special Master Garretson read into the record stating: "I am writing in regards to this parking ticket I received in front of Michael's Craft Store in Naples Florida. I have a witness that will testify I was not parked 3 January 6, 2006 in the handicapped parking zone. There are two spots in front of the store on either side of one and other with the handicapped sign and blue lines. I was parked next to it with the faded white crossing lines to my right." The parking was to her left. Finding the notice of hearing was properly served, the respondent is found guilty of the alleged violation(s) and is to pay afine of $250.00. Respondent is ordered to pay operational cost in the amount of $50. 00 incurred by Code Enforcement during the prosecution of this case. 5. Case #2005100765 - BCC vs. Alio Inc This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present. The Respondent was not present. Violation(s): 04-58 Sec. 6 Minimum Housing Violations The Officer stated that they have no record of Juanita Rivera being a legal representative of Aljo Inc. October 13, 2005 while meeting with the property manager of the time, a resident requested an inspection at 602 Finch Dr. He observed the following violations: No kitchen cabinets, no hot water, no heating equipment, no light in kitchen, wires hanging from sealing, two interior doors missing, holes in bathroom floors, bathroom sink not working, tub rotting and cracked, and no smoke detectors. Notice of violation was mailed certified, with the green card returned, and the property was posted. It appears that no one is living in the trailer at this time but the violations stilI remain. Juanita Rivera was not accepted as a legal representative, she then gave a letter to Special Master Garretson. The case will be taken under advisement. 6. Case #200511082 - BCC vs. Alio Inc This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present. The Respondent was not present. Violation(s): 04-58 Sec. 6 Minimum Housing Violations The Officer stated that the attendant of the mobile home called for an inspection. He observed the following violations: two stove burners out, no electric in the second bedroom, hallway lights out, numerous outlets not working, leaky roof, numerous interior doors in disrepair, missing screens, missing porch screens, water damage to sealing and walls, insect infestation, and no working smoke detectors. Notice of violation was mailed certified, with the green card returned, and the property was posted. Unsure if violations have been abated. 4 January 6, 2006 The case will be taken under advisement. 8. Case #2005030060 - BCC vs. Joan Handshaw This Hearing was requested by Code Enforcement Investigator Ambach who was present. The Respondent was not present. Violation(s): 04-41 As amended Sec. 10.12.03: 04-58 Sec. 6 Accessory Structure with No PermitslUnsafe Officer Ambach testified that the case was started on February 1 th 2005. A neighbor complained that homeless persons were living in an accessory Structure. He found no persons in the structure but found the roof falling in, several pipes running through the structure, and electric lines coming out of the wall onto the grass. Contact was attempted on 3/10/05, 3/21/05, 3/23/05,4/1/05, and 4/12/0. Ms. Handshaw was contacted on 4/18/05. Notice of violation was served with 3 weeks to abate. On May 12,2005 a two week extension was given with no fines imparted. On May 23,2005 a second extension was given with Ms. Handshaw appearing confused. The Department of Children and Family found Ms. Handshaw to be of sound mind after an evaluation. He spoke with Jeffery Handshaw, Ms. Handshaw's son on June 30, 2005 who stated unwillingness to assist. Violations still exist. Ms. Hanshaw called the office yesterday stating she was unable to attend the hearing with no explanation 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 obtaining appropriate permits, with removal and demolition on or before March 7,2006 or afine of $1 00. 00 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of$353.27 incurred by Code Enforcement during the prosecution of this case on or before March 7,2006.. STIPULATIONS CONTINUED 2. Case #2005100874 - BCC vs. Betula LLC This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent's legal representation Gary Green was present. Violation(s): 04-41 As amended Sec. 2.01.00 Failure to Permanently Remove Commercial Vehicle 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 by removal of the vehicle from the residence on or before January 13, 2006 or a fine of $50. 00 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of 5 January 6,2006 $221.94 incurred by Code Enforcement during the prosecution of this case on or before February 7, 2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 3. Case #2005060736 - BCC vs. Betula LLC This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondent had legal representation Gary Green present. Violation(s): 04-58 Sec. 7 Failure to Obtain Rental Registration 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 January 11,2006 or afine of $50. 00 per day will be imposedfor each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of$235.08 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. PUBLIC HEARINGS CONTINUED 11. Case #2005100507 - BCC vs. Timoteo & Guadalupe Reza This Hearing was requested by Code Enforcement Investigator Carol Sykora who was present. The Respondent was not present. Violation(s): 05-44 Sec. 6, 7, 8 Litter Officer Sykora testified that the violation was litter consisting of but not limited to tires, appliances, pool table, exercise equipment, wood, metal, various household items, and a washer and dryer hooked up to electric outside with the wash water draining onto the ground. A small child was in the area of the washer and dryer. Photographs demonstrated. A notice of hearing was placed on the fence on December 19th; shortly after the washer and dryer were gone, but litter remained. 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 all litter to a sight for final disposal or properly store all litter within a proper storage area on or before January 11,2006 or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter. A fine of $100.00 is imposed. Respondent is ordered to pay operational cost in the amount of $178.36 incurred by Code Enforcement during the prosecution of this case on or before February 7, 2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 6 January 6, 2006 12. Case #2005120118 - BCC vs. Patrick A. Noble This Hearing was requested by Code Enforcement Investigator Fordhamn who was present. The Respondent was not present. Violation(s): 04-41 As amended Sec. 2.01.00 Unlicensed/Inoperable Vehicle Parked in Rear Yard of Property Photographs demonstrated by Officer Fordhamn. Notice of violation was served, with the Respondent refusing to sign it but did take a copy. The Respondent has refused to cooperate and ordered the Officer off of the property. 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 having the vehicle removed from the property, or be made operable and have a valid license, or be placed in an enclosed structure on or before January 11, 2006 or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of $162.23 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. 9. Case #2005040410 - BCC vs. Deborah A D' Aneelo & Annette D' Aneelo This Hearing was requested by Code Enforcement Investigator Grimshaw who was present. The Respondent was present. Violation(s): 04-58 Sec. 6 Exterior of Dwelling is Not Maintained in Good Condition Officer Grimshaw testified that she observed tom screen on front porch, boarded window, unstable tree house, broken screen door, and damaged fascia. The primary residence was posted. All repairs were made except the fence and unstable tree house. The Respondent was advised a permit would be needed to repair the fence. The Respondent mentioned that FP&L had notified her in August that she was not to touch the fence due to power lines being intertwined with it. When she contacted FP&L they said that no work was needed. After examining the lines she concluded that they appeared to be for cable not power. Photographs demonstrated, pointing out the tipping tree house, held up by brick pavers. The Respondent testified that the brick pavers exist for looks, due to her children playing with them. She mentioned that FP&L told her not to touch the fence, while the Officer told her to take it down herself. She also mentioned that she was told she did not need a permit to take the fence down, she would only need one to put up a new fence. It will be 3 weeks before someone can make repairs. The tree house is not unstable and has existed for 20 years. Officer Petroli noted that the Respondent could have taken out the fence piece by piece, and that the problem has existed since April not after the hurricane. 7 """'--,., -.' ~._""-<-<----._~----- ....... January 6, 2006 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 rotted fence and obtain appropriate permit, or repair fence and obtain a record that you either do not need a permit or obtain a permit, and remove all waste away from the site and remove the pavers and have the Officers inspect the tree house, if it appears unstable then she will be recited all must be performed on or before February 20, 2006 or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of$271.18 incurred by Code Enforcement during the prosecution of this case on or before February 20, 2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 13. Case #2005110328 - BCC vs. Tereso Bautista & Emiliana Lopes VaasQuez This Hearing was requested by Code Enforcement Investigator Fordham who was present. The Respondent was not present. Violation(s): 04-58 Sec. 7 No Rental Registration on File for Property Officer Fordham issued a notice of violation with the Respondent denying the need for a rental registration. 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 January 11, 2006 or a fine of $1 00.00 per day will be imposed for each day the violation remains thereafter. The Respondent is also ordered to pay a fine of$250.00. Respondent is ordered to pay operational cost in the amount of$155.33 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. 14. Case #2005110329 - BCC vs. Tereso Bautista & Emiliana Lopes VaasQuez This Hearing was requested by Code Enforcement Investigator Fordhamn who was present. The Respondent was not present. Violation(s): 04-41 As amended Sec. 10.02.06 Structure Altered Without Permits Officer Fordham noted that the home was occupied by multiple renters and reconstructed to allow for more rental units. Photographs demonstrated. He recently learned that there had been a fire in the garage apartment, and now one of the renting families was unable to continue to reside due to smoke. A hole had been cut above one of the toilets in order to connect water to another apartment. 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 obtaining appropriate permits and inspections in order to bring the property 8 January 6,2006 into compliance with the Collier County Codes and Regulation, obtaining a certificate of occupancy for returning it to the original state on or before February 20,2006 or afine of $500. 00 per day will be imposedfor each day the violation remains thereafter. The Respondent is also ordered to pay a fine of $500.00. Respondent is ordered to pay operational cost in the amount of $162.23 incurred by Code Enforcement during the prosecution of this case on or before February 20, 2006. The respondent must notify Code Enforcement within 24 hours of abatement to confirm compliance. 15. Case #2005061006 - BCC vs. Jean Louis & Adele Gilles This Hearing was requested by Code Enforcement Investigator Fordham who was present. The Respondent was present. Violation(s): 04-41 As amended Sec. 2.01.00 Unlicensed/Inoperable Vehicles Being Parked on Property Officer Fordham testified that a notice of violation was issued in July 2003. Between 2003 and August of 2005 two notices were issued subsequently. Other multiple violations of other nature were observed. Photographs demonstrated. A Chevrolet on the property was seen unlicensed and inoperable, along with an unlicensed truck. The Respondent testified comprehension of the English language. She mentioned that she was in Haiti in July and that the Chevrolet belonging to her son has been sold. He daughter Diane translated for her. Documents were given to Special Master Garretson. It was noted that the truck is considered a commercial vehicle therefore can not park on the premises. 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 January 11,2006 or afine of $1 00. 00 per day will be imposedfor each day the violation remains thereafter. The Respondent is also ordered to pay a fine of$250.00 on or before February 7, 2006. Respondent is ordered to pay operational cost in the amount of $158.78 incurred by Code Enforcement during the prosecution of this case on or before February 7, 2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 16. Case #2004100207 - BCC vs. FRVG. LLC This Hearing was requested by Code Enforcement Investigator Patterson who was present. The Respondent was not present. Violation(s): 04-41 As amended Sec. 10.02.06 Three Wall Signs and Electric Sign Without Permits 9 January 6, 2006 The Officer testified that 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 violations and is ordered to pay operational cost in the amount of $326.96 incurred by Code Enforcement during the prosecution of this case. 3. COMMENTS After discussion with Officer Scribner and noting that after tenants make complaints they no longer reside at the residence (possible eviction), Special Master Garretson ruled as follows: 5. Case #2005100765 - BCC vs. Alio Inc This Hearing was requested by Code Enforcement Investigator Letourneau who was present. The Respondent was not present. Violation(s): 04-58 Sec. 6 Minimum Housing Violation 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 making appropriate repairs to bring the property into compliance on or before January 13, 2006 or a fine of $1 000.00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of $21 0.05 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 6. Case #2005110082 - BCC vs. This Hearing was requested by Code Enforcement Investigator Letourneau who was present. The Respondent was not present. Violation(s): 04-58 Sec. 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 abate the violation by making necessary repairs to come into compliance on or before January 13,2006 or a fine of $1 000.00 per day will be imposed for each day the violation remains thereafter. Respondent is ordered to pay operational cost in the amount of $202.82 incurred by Code Enforcement during the prosecution of this case on or before February 7,2006. The respondent must notifY Code Enforcement within 24 hours of abatement to confirm compliance. 10 January 6,2006 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 11:16 AM. COLLIER COUNTY SPECIAL MASTER Jason Bires, Secretary to the Special Master 11 "'-'--"-.-".'-'-"'.._.u.u...__