Spec Master Minutes 02/17/2006
February 17, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, February 17,2006
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:
Location:
February 17,2006 8:45 A.M.
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. Jeffrey Basik & Keith Basik
2. BCC vs. Ronen & Leeanne Graziani
2005070501
2003080839
B. 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:
CO 1526
CHRJSTOPHER & LORJ BOYLES
MARTINDALE
04-41 AS AMENDED SEe. 2.01.00
BOAT AND TRAILER IN FRONT DRJVE IN EXCESS OF 6 HRS IN 7 DAY PERIOD
2005090875
ALBERTO & MARTHA C VELASCO
MARTINDALE
03-37 SEC. 5
CULVERT PIPE HAS FAILED, IT HAS COLLAPSED AND RUSTED THROUGH
SO 145969
FELICIA WATSON
SWANK
ORD. SEe. 130-67
HANDICAPPED PARKING
SO 140287
RONALD E RATAJ
V ANESSENDELFT
ORD. SEe. 130-67
HANDICAPPED PARKING
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
II. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 134858
CHRJSTOPHER M PRAZ
PAYNE
ORD. SEC. 130-66
MARKED NO PARKING AREA
CE 2222
DENNIS CONNERTON
JACKSON
ORD. SEe. 130-66
PARKING IN THE RIGHT OF WAY
CE 2037
KAREN WASSERMAN
LONGWORTH
ORD. SEe. 130-66
PARKED IN RJGHT OF WAY/POSTED FOR SALE
CO 10259
MICHAEL ZAGER & PAULA J RHOADS
GRJMSHA W
04-41 AS AMENDED SEC. 2.01.00
MOTOR HOME PARKED IN DRJVEW A Y
2005120317
ALJO INC - ALFONSE BOTTINO
LETROURNEAU
04-58 SEe. 6
MINIMUM HOUSING VIOLATIONS
2005120207
WILLIAM M STONESTREET
SCHWARTZ
99-5 I SEe. I I
ACCUMULATION OF WEEDS - REPEAT VIOLATION
2005100724
RANDY A SHELTON
SANTAFEMIA
04-58 SEe. 9, I I, 12, 19,20
MINIMUM HOUSING VIOLATIONS
2005061052
LEE N HEDRJCH
SANTAFEMIA
04-41 AS AMENDED SEC. 10.02.06
ENCLOSURE OF SCREENED PORCH WITHOUT PERMITS OR INSPECTIONS
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:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005100660
GESNER & ROSIANNE SAINTIL
LUEDTKE
04-41 AS AMENDED SEC. 1.04.01,2.02.02,2.01.00
PROHIBITED PARKING/STORJNG OF UNLICENSED/INOPERABLE VEHICLES
2005070528
TED ZHI HUI & PENG SY LUO
LONGWORTH
04-41 AS AMENDED SEe. 10.02.06; 02-01 AS AMENDED SEe. 103.11.2, 104.1.1
FAILURE TO OBTAIN PERMITS FOR ALTERATIONS
2005070525
TED ZHI HUI & PENG SY LUO
LONGWORTH
04-58 SEe. 6
SWIMMING POOL AND SPA INOPERABLE AND CREATING SAFETY HAZARD
2005070577
TED ZHI HUI & PENG SY LUO
LONGWORTH
02-01 AS AMENDED SEC. 424.2.17.1
FAILED TO INSTALL PROPER SAFETY BARRIER AROUND POOL
2005090805
ISABEL SALAS & FELIX ALVA
FORDHAM
04-41 AS AMENDED SEe. 10.02.06
FENCE WITHOUT PERMIT AND INSPECTION
2005100599
MERDIS A SAMPSON
SYKORA
04-41 AS AMENDED SEC. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2005110348
MERDIS A SAMPSON
SYKORA
04-58 SEC. 7
NO RENTAL REGISTRATION FOR RENTAL PROPERTY
2005100462
MARCO E & EDUARD TREJO
SYKORA
04-41 AS AMENDED SEe. 2.01.00
COMMERCIAL VEHICLES PARKED/STORED ON RESIDENTIAL PROPERTY
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:
3, COMMENTS
4. NEXT MEETING DATE
March 3, 2006
5. ADJOURN
2005100215
JOHNNIE MCSWAIN THOMAS EST C/O LUCY R RJLEY
SYKORA
04-58 SEe. 7
NO RENTAL REGISTRATION FOR RENTAL PROPERTY
2005100286
DAVID ESQUIVEL
SYKORA
04-58 SEe. 7
NO RENTAL REGISTRATION FOR RENTAL PROPERTY
2005100327
JERRY B BLOCKER
SYKORA
04-41 AS AMENDED SEe. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2005100245
JERRY B BLOCKER
SYKORA
04-58 SEe. 7
NO RENTAL REGISTRATION FOR RENTAL PROPERTY
2005120085
VERNON & LUCY HEISTON
MUCHA
04-41 AS AMENDED SEC. 4.05.03
VEHICLES PARKING IN GRASS
2005090073
VICKI L ABRAMS
OLNEY
04-41 AS AMENDED SEC. 4.05.03
PARKING AREA EXCEEDING 40% OF FRONT YARD
February 17, 2006
1. CALL TO ORDER
A, The Meeting was called to order by Honorable Special Master Brenda
Garretson at 8:54 AM. All those testifying at these proceedings today did so
under oath.
B. Hearing Rules and Regulations were given by Special Master Garretson.
Special Master Garretson discussed giving the Respondents an opportunity to
speak with their Investigating Officer before conducting the Hearing for a
Resolution by stipulation; lookiug for Compliance without being punitive.
After polling the audience, a recess was not necessary.
2. PUBLIC HEARINGS
STIPULATIONS
1. Case #2005070501 - BCC vs. Jeffrev Basik and Keith Basik
This Hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Larry Schwartz was present.
Violation(s): Handicapped Parking
Finding the Notice of Hearing was properly served, the Respondent is found
GUlL TY of the alleged violation(s) and is ordered to comply by obtaining for the
proper permits, inspections and Certificates of Completion on or before April 17,
2006 or a fine of $1 00 per day will be imposed for each day the violation remains
thereafter. Or Respondent can remove the structure by obtaining a Demolition
permit and restoring it to a permitted state on or before April 17, 2006 or a fine
of $100 per day will be imposed for each day the violation remains thereafter.
The Investigating Officer must be notified within 24 hours of abating the
violation to confirm compliance.
It was noted Respondent paid the Operational Costs of $229.92 on January 18,
2006.
2. Case #2003080839 - BCC vs. Ronen and Leeanne Graziani
This Hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Patrick Baldwin was present.
Violation(s): Family room and sitting room not permitted
A Motion for Continuance was filed on behalf of the Graziani's by their Attorney.
The motion is mute by the fact they entered into the Stipulation.
Finding the Notice of Hearing was properly served, and finding the violation did
exist, Respondent is found GUlLTY of the alleged violation(s) and is ordered to
abate all violations by obtaining a Demolition Permit and all required inspections
and a Certificate of Completion on or before April 3, 2006 or a fine of $250 per
day will be imposed for each day the violation remains thereafter.
2
February 17, 2006
Respondent is ordered to pay Operational Costs in the amount of $563.79
incurred by Code Enforcement during the prosecution of this case on or before
February 13, 2006.
Respondent is to contact the Investigator within 24 hours for a site inspection to
concur the violation has been abated.
B. HEARINGS
1. Case #CO 1526 - BCC vs. Christooher & Lori Bovles
This Hearing was requested by Code Enforcement Investigator Martindale who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Boat and trailer in front drive in excess of 6 hours in 7 day period.
Investigator Martindale testified boat was parked in front of residence in excess of 8
hours. Picture was shown. A prior violation was noted by another investigator on
September 22, 2005. When Investigator Martindale approached the Respondents
home, Respondent failed to sign the citation. Advising him of the Florida Statutes and
it being a misdemeanor, the police were called in which a deputy arrived a short while
later. The Respondent had left the premises and returned later. The Deputy
approached the Respondent in which he had then signed the citation with protest.
The location is on Trail Drive off 41 by Pelican Bay. Investigator Martindale
mentioned he issued a citation in the same approximate location for another violation,
meaning no selective enforcement in this case.
Special Master made note a Continuance was filed by the Respondent in November.
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$105.
Respondent is also ordered to pay Operational Costs in the amount of $50 incurred
by Code Enforcement during the prosecution of this case 011 or before March 19,
2006.
2. Case #2005090875 - BCC vs. Alberto & Martha C. Velasco
This hearing was requested by Code Enforcement Investigator Martindale who was
present.
The Respondent was not present.
Violation(s): Ordinance 03-37, Section 5
Culvert pipe failed, collapsed and rusted through.
Picture was shown of the culvert with Investigator Martindale testifying the NOV was
issued for repair. A permit was obtained but expired in the fall with the Respondent
making no effort to have it repaired.
3
February 17, 2006
Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to obtain new permits and a valid Right-of-
Way Permit and receiving a Certificate of Completion on or before March 15, 2006 or
a fine 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 $203.19 incurred by
Code Enforcement during the prosecution of this case on or before March 15, 2006.
3. Case #SO 145969 - BCC vs. Felicia Watson
This Hearing was requested by the Respondent who was not present.
The Sheriffs Officer Gary Swank was present.
Violation(s): Ordinance Section 130-67
The officer testified on November 23, 2005 he found a van parked in the
loading/unloading zone ofa handicapped area at 10610 Noah Circle.
A written defense by the Respondent was reviewed by the Special Master.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation and is ordered to pay the $250 fine on or before April 17, 2006.
The 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 April 17, 2006.
4. Case #SO 140287 - BCC vs. Ronald E. Ratai
This Hearing was requested by the Respondent who was present.
The Sheriffs Officer Corp Eric VanEssendelft was also present.
Violation(s): Ordinance 130-67
Handicapped Parking
The Respondent admitted guilt in parking in a handicapped space. A picture was
admitted into evidence. He stated he has not had a parking ticket in the past and asked to
have the fine reduced.
The Officer testified he had been called to Home Depot concerning an incident inside the
store. He then did not notice a handicapped placard in the Respondents vehicle.
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 March 15,
2006.
Due to the confusion of "Other" written on the bottom of the ticket, no Operational
Costs were incurred.
13. Case #2005100660 - BCC vs. Gesner & Roseianne SaintiJ
This hearing was requested by Code Enforcement Investigator Shawn Luedtke who was
present.
The Respondents were present earlier and agreed to the stipulation, but left before the
hearing was heard.
4
February 17, 2006
Violation(s): Ordinance 04-41 as amended Section 1.04.01,2.02.02,2.01.00
Prohibited Parking/Storing of Unlicensed/Inoperable Vehicle
The Respondents agreed to the Stipulation.
The Investigator testified an unlicensed inoperable vehicle was found at 1701 46th Street
SW.
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 guilty of the
alleged violation(s) and 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 March
15, 2006.
5. Case #SO 134858 - BCC vs. Christopher MI Praz
This hearing was requested by the Respondent who was present.
The Sheriff s Officer Corporal Payne was also present.
Violation(s): Ordinance 130-66
Marked No Parking Area
The Respondent testified he had parked in a temporary parking lot in the Vanderbilt
Beach area due to the construction of the parking garage. The main lot was full. He
admitted he was in a hurry and didn't see the "No Parking" sign.
Corporal Payne testified it is a mess in that area due to the construction. He stated the
Respondent was probably caught in a chain reaction as others did the same thing.
Many Citations have been written in that area. The "No Parking" sign is visible.
Finding the Notice of Hearing was properly served; the Respondent is found
GUlLTY of the alleged violation(s) and is ordered to pay the fine of$250 on or
before March 15, 2006.
Due to the circumstances, the Operational Costs were not incurred.
6. Case # CE 2222 - BCC vs. Dennis Connerton
This hearing was requested by Respondent who was present.
The Sheriffs Officer Deputy Jackson was also present.
Violation(s): Ordinance 130-66
Parking in Right-of-Way
The Respondent was not aware a vehicle could not be parked on any part of the road.
Pictures were shown of other cars parked in the right-of-way as his was. The pictures
were taken in Coconut River Estates.
Investigator Jackson observed the vehicle parked in the County Right-of-Way on
October 4,2005. He has issued other citations in Coconut River Estates.
5
February 17, 2006
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$30 on or before
March 15, 2006.
Respondent is ordered to pay Operational Costs in the amount of $50 incurred by
Code Enforcement during prosecution of this case on or before March 15, 2006.
REVIEWED TWO PREVIOUS CASES DUE TO CIRCUMSTANCES
(9:59 & 10:07 AM)
1. Case #CO 1526 - BCC vs. Christooher & Lori Boyles
The Respondent testified he noticed an officer in his driveway at approximately 10
AM and was asked to sign a citation. He had a conversation with the officer
concerning his boat in his driveway with a "For Sale" sign and had told the officer he
had moved his boat to the backyard. He had it in the driveway that particular day
because he was selling it.
He has 2 acres and can move the boat to the back.
The fine imposed earlier was upheld.
2. Case #2005090875 - BCC vs. Albert & Martha Velasco
The Respondent admitted guilt and stated he had been given ample time to comply.
It was a $5,000 estimate and he was waiting for more estimates.
Thefine imposed earlier was upheld. He was given until March 19,2006 to
comply.
26. Case # 2005090073 - BCC vs. Vicki L. Abrams
This hearing was requested by the Respondent who was present.
Code Enforcement Investigator Olney was also present.
Violation(s): Ordinance 04-41 as amended Section 4.05.03
Parking area exceeding 40% of front yard.
A stipulation was agreed upon by the Respondent.
Respondent had driven through a swale to access the front year and had entered into a
stipulation with the Investigator.
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
$156,90 incurred by Code Enforcement during the prosecution of this case on or
before March 19, 2006,
6
February 17, 2006
12. Case #2005061052 - BCC vs. Lee N. Hedrich
This hearing was requested by the Respondent who was represented by his Attorney
Jim Sisky.
The Code Enforcement Investigator John Santafemia was also present.
Violation(s): Ordinance 04-41 Section 10.02.06
Enclosure of Screened Porch without Permits or Inspection
Investigator Santafemia testified he was called to 790 98th Avenue North, Naples Park
on June 28, 2005 regarding minimum housing issues. While addressing the issues,
other concerns were noted concerning the structure. Permits had been researched as
far back as 1969. The original permit was found for the construction of the dwelling.
But no other permits were found in conjunction with the enclosure of the screened
porch.
He would like to see the structure permitted or returned to its original condition of
being a screened porch.
Mr. Sisky stated he objected to the Notice of Hearing since it did not comply with the
County Ordinance. It did not state a factual description of the alleged violation, the
date of the alleged violation and does not refer to a section of the Code or the
Ordinance violated.
Special Master Garretson responded the Notice of Hearing is taken in conjunction
with the Notice of Violation. (Violation of Section 104.1 of the Florida Building Code
as amended by Ordinance 200201.
Investigator Santafemia responded the original Notice of Violation was mailed to the
address of record, it was returned so therefore the property was posted with the Notice
of Violation.
Discussion followed on the correct address and the information received for Notice of
Hearing.
A Continuance was granted to the Respondent and Mr. Sisky by Special Master
Garretson for the March 3rd Hearing.
There will no longer be an objection by the Respondent to receiving the Notice of
Hearing after today.
The Investigator objected to the Continuance as he had discussed the violations with
Mr. Sisky. (The correct address is 10981 Bonita Beach Road)
BREAK-I0:27 AM
RECONVENED - 10:40 AM
10. Case #2005120207 - BCC vs. William M. Stonestreet
This hearing was requested by Code Enforcement Investigator Schwartz who was
present.
The Respondent was not present.
Violation(s): Ordinance 99-51 Section II
Accumulation of Weeds - Repeat Violation
7
February 17, 2006
This case has been brought to Special Master in August 2005. This is still an
ongoing violation at 43 Twin Palms Drive.
Two residents of the Community testified to the deplorable situation.
Carol Smallwood, President Riverwood Homeowners Assoc. and Sam Henderson,
Co-chairman of their Compliance Department.
Ms. Smallwood stated this has been an ongoing situation for years. The home is in
deplorable condition. She read 2 letters into the record concerning the uninhabitable
condition of the home. The letters mentioned the home has been vacant since 1992
and unfit for humans. Floors are rotted; the roof leaks and hawks are eating the rats.
It is disgraceful. Snakes have been spotted and birds are flying in and out of the
house.
Investigator Schwartz responded they have imposed liens and working on bids to
remove the building due to a previous Hearing.
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 within 5
days of this Hearing and pay afine of$2,500 or afine 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 $169.14 incurred
by Code Enforcement during the prosecution of this case on or before March 19,
2006.
The Respondent is to notifY the Investigator within 24 hours of a work day to
concur the violation has been abated.
The County is to bid clearing of the property including the weeds, trash and litter.
The costs imposed will be the responsibility of the Respondent. If necessary, a lien
foreclosure should be pursued.
31. Case #CO 10259 - BCC vs. Michael Zal!er & Paula J.Rhoads
This Hearing was requested by the Respondent who was present.
Code Enforcement Investigator Grimshaw was also present.
(Special Master Garretson advised Code Enforcement Investigator Grimshaw she
has known the Respondent for many years. The Investigator had no objection to her
hearing the case)
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Motor Home parked in Driveway
The Respondent testified they own a 30 foot RV and had it at their disposal during
the Hurricane. Their power went out on October 21st and was restored on November
1 st. They lived in at this time. They had been told the County Ordinance had been
waived for 6 months. When the power came back on they used it from time to time
until all the food was replenished and refrigerator cleaned. After this time they had
the problem of finding a place to store it. She discussed many other personal
problems she encountered and thought they had ample time before removing from
the property. She questioned what a reasonable time is after it is no longer being
used after the Hurricane.
8
February 17, 2006
Investigator Grimshaw stated the property has a history of recreational vehicles
being parked illegally. Pictures were offered into evidence. On January 2004 a
recreational vehicle was parked in the driveway and again on March 2004 another
Notice of Violation had been mailed. It had been abated. On June 7, 2005 a
complaint was received that the motor home was parked in the driveway. Michael
Sager and the Investigator Grimshaw discussed the violation and he had been given
an awareness brochure.
Investigator Grimshaw mentioned a telephone conversation with Ms. Rhoads
concerning the Violation in question and offered it into evidence. A press release
had been released stating if structural damage had occurred due to the Hurricane,
persons could live in their motor homes for up to 6 months.
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 $50 incurred by Code Enforcement during the prosecution of this case on or
before March 19, 2006.
Being there have been previous violations, if there is a future violation of the
Ordinance a fine of $250 will be imposed, per occurrence.
7. Case #CE 2037 - BCC vs. Karen Wasserman
This Hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Russ Longworth was present.
Violation(s): Ordinance 130-66
Parked in Right-of-WaylPosted for Sale
Pictures were offered into evidence. A written statement was submitted from the
Respondent. The Investigator cited a Chevy Corvette on December 14th on
Cristobe1 Street in the ROWand parked 2 feet from the stop sign.
Special Master Garretson read the letter and offered it into evidence for
consideration. Seems there were conflicting instances according to the Investigator
and the Respondents letter.
Finding the Notice of Hearing was properly served; the respondent is found
GUILTY of the allegedviolation(s) and is ordered to pay afine of$30 on or before
March 19, 2006.
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 March 19,
2006.
14. Case #2005070528 - BCC vs. Ted Zhi Hui & Pen!! Sy Luo
This hearing was requested by Code Enforcement Investigator Longworth who was
present.
The Respondents were not present.
Violation(s): Ordinance 04-41 as amended Section 10.02, 06, 02-01 as amended
Section 103.11.2, 104.1.1
9
February 17, 2006
Failure to obtain Permits for Alterations
A stipulation was agreed upon by the Respondent(s).
The Respondent admitted to the violations in the Ordinances.
Finding the Notice of Hearing was properly served; the Respondent is found
GUlLTY of the alleged violations and ordered to comply with the Ordinance by
obtaining the proper permits by March 3, 2006 and Certificate of Occupancy on or
before April 18, 2006 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 $211.15 incurred
by Code Enforcement during the prosecution of this case on or before December
28, 2005.
The Respondent will contact the Investigator within 24 hours to concur the
violation has been abated.
15. Case #2005070525 - BCC vs. Ted Zhi Hui & Pen\! Sv Luo
This hearing was requested by Code Enforcement Investigator Longworth who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-58 Section 6
Swimming pool and spa inoperable and creating safety Hazard
A stipulation was agreed upon by the Respondent(s).
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, the pool
and spa will be properly maintained, free from unsightly appearance and the
water must be made safe on or before February 22,2006 or afine of$250 per day
will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$2Jl.15 incurred
by Code Enforcement during the prosecution oftllis case on or before December
28, 2005.
Respondent will contact Code Enforcement within 24 hours of abatement.
16. Case #2005070577 - BCC vs. Ted Zhi Hui & Pen\! Sy Luo
This Hearing was requested by Code Enforcement Investigator Longworth who was
present.
The Respondent was not present.
Violation(s): Ordinance 02-01 as amended Section 424.2.17.1
Failed to install proper Safety Barrier around Pool
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 all violations by
erecting a pool safety fence on or before February 24,2006 or a fine of $500 per
day will be imposed for each day the violation remains thereafter.
10
February 17, 2006
Respondent is ordered to pay Operational Costs in the amount of$194.01 incurred
by Code Enforcement during the prosecution of this case on or before March 19,
2006.
The Respondent will notifY the Investigator within 24 hours to concur the violation
has been abated.
17. Case #2005120085 - BCC vs. Isabel Salas & Felix Alvarez
This hearing is requested by Code Enforcement Investigator Jack Fordham 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 Section 10.02.06
Fence without Permit and Inspection
Investigator Fordham testified with reference to a fence constructed at 4900 23rd
Court, Golden Gate City without a permit. NOV was served on September 17, 2005 to
owners of the rented property. No permits have been obtained and calls have not been
returned.
Finding the Notice of Hearing was properly served; the Respondent is found
GUlLTY of the alleged violation(s) and is ordered to obtain the proper permits and
CO on or before March 3, 2006 or a fine of $200 per day will be imposed for each day
the violation remains thereafter,
Respondent is order to pay Operational Costs in the amount of$176.03 incurred by
Code Enforcement during the prosecution of this case on or before April 20, 2006,
25. Case #2005060671 - BCC vs. Vernon & Lucy Heiston
This hearing was requested by Code Enforcement Officer Joe Mucha who was present.
The Respondent was present earlier and agreed to the stipulation but left before the
Hearing was heard.
Violation(s): 04-41 as amended Section 4.05.03
Vehicles Parked on Grass
The Investigator testified of the vehicles on the grass and the Respondent agreeing to
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 operation Costs in the amount of
$175.83 incurred by Cae Enforcement during the prosecution of this case on or
before March 19, 2006,
9. Case #2005120317 - BCC vs. Alio Inc. - Alfonse Bottino
This hearing was requested by Code Enforcement Investigator Jeff Letourneau who was
present.
The Respondent was not present.
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February 17, 2006
Violation(s): Ordinance 04-58, Section 6
Minimum Housing Violations
On December 7th Investigator Letourneau had been called by a tenant and found the
trailer to be in a deplorable condition consisting of a faulty toilet, electric, siding torn,
skirting in bad shape, roof leaking badly, water damage, holes in the ceiling and walls
and severe insect infestation and no smoke detectors. He received a call the trailer was
fixed and will examine it after this hearing.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to abate all minimum housing violations on
or before February 24, 2006 or a fine of $1,000 per day will be imposed for each day
the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$198.97 incurred by
Code Enforcement during the prosecution of this case on or before February 24,
2006. If Respondent fails to comply with abatement or fines, the County may abate
the nuisance and charge the Respondent with the cost of abatement.
11. Case #2005100724 - BCC vs. Randy Shelton
This hearing was requested by Code Enforcement Investigator Santafemia who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-58, Section 0, II, 12, 19 & 20
Minimum Housing Violations
Investigator Santafemia testified on October 18, 2005 he received a complaint at 4400
20th Ave. SW in Golden Gate City regarding minimum housing issues on a rental
property. Met with the tenant and completed an inspection. Noted numerous electrical
fixtures not working, holes in the walls, rotten wood, water leaking in dwelling, roof in
disrepair and other numerous violations. Pictures were offered into evidence.
NOV was signed by Faust Realty - Property Manager of record. In November the
property had been vacated. He had been informed they were waiting for an Insurance
adjuster to make an assessment due to the Hurricane. This damage was not related to the
Hurricane. Last inspection on January 6th nothing had changed.
Finding the Notice of Hearing was properly served; the Respondent is found guilty of
the alleged violation(s) and is ordered to abate all minimum housing violations by
making the necessary repairs and pay a fine of $500 on or before March 20, 2006 or a
fine of $250 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $182.23 incurred by
Code Enforcement during the prosecution of this case on or before March 20, 2006.
The dwelling is to remain unoccupied until the repairs are completed. The Respondent
is to notifY Code Enforcement within 24 hours of abatement.
18. Case #2005100599 - BCC vs. Merdis A. Samoson
This hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
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February 17, 2006
The Respondents son and daughter appeared on behalf of their mother who is
hospitalized.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Unlicensed/Inoperable Vehicles on Property
Investigator Sykora testified the inoperable vehicles are located at 103 Ustis Ave.,
Immokalee. The violations were explained to the tenants on October 2005 and have
remained unlicensed on another inspection on November 15th. Violations remained as
of yesterday with the tags being switched on vehicles.
The representatives of the Responded stated they are trying to deal with the tenant and
would like to evict them. They are going to make every effort to comply with the
violations.
Finding the Notice of Hearing was properly served, the Respondent is found GUlLTY
of the alleged violations and is ordered to abate all violations by obtaining and affIXing
a current and valid license plate to each vehicle and make all vehicle operable or store
in an enclosed structure or remove from property on or before February 24, 2006 or a
fine of $75 per day, per vehicle, will be imposed for each day the violation remains
thereafter.
Respondent is ordered to pay Operational Costs in the amount of $179.19 incurred by
Code Enforcement during the prosecution of this case on or before March 19, 2006.
Respondent is to notifY Investigator within 24 hours to concur the violation has been
abated.
19. Case #2005080944 - BCC vs. Merdis A. Samoson
This hearing was requested by Code Enforcement Investigator Carol Sykora who was
present
The Respondents son and daughter appeared on behalf of their mother as she is
hospitalized.
Violation(s): Ordinance 04-58, Section 7
No Rental Registration for Rental Property
Investigator Sykora testified a form and copy of the Ordinance and all other information
was sent to the Respondent on November 15th. The owner was told she could mail the
forms. As of today, the violation remains.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to obtain a rental registration for this and any
other rental property on or before February 24, 2006 or a fine of $50 per day will be
imposed for each day the violation remains thereafter. The Operational Costs were
waivedfor this case. The Respondent is to notifY the Investigator within 24 hours to
concur the violation ha.. been abated,
20. Case #2005060671 - BCC vs. Marco E. & Eduard Treio (Christino)
This hearing was requested by Code Enforcement Investigator Carol Sykora who
was present.
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February 17, 2006
The Respondents were also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00C
Commercial Vehicles Parking/Stored on Residential Property
Investigator Sykora testified she spotted 2 dump trucks on the property and advised
the Respondents of the Ordinance. A photo was entered into the record. Ample time
was given to the Respondent to remove. As of January 3rd the trucks remained on
the property.
The Respondents testified they were aware of the violation and have tried to find a
place for the trucks. They will now be moving from the area with their trucks.
Finding the Notice of Hearing was properly served, the Respondent is found
GUlLTY of the alleged violations(s) and is ordered to comply with the Ordinance
by storing commercial vehicle in the rear yard or store in an enclosed or remove
from property on or before February 27, 2006 or a fine of $1 00 per day will be
imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$I90.67 incurred
by Code Enforcement during the prosecution of this case/on or before Marcy 19,
2006.
The Respondent is to notifY the Investigator within 24 hours to concur the
violation has been abated.
21. Case #2005100215 - BCC vs. Johnnie McSwain Thomas Est. c/o Lucv R. Riley
This hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-S8, Section 7
No Rental Registration for Rental Property
Investigator Sykora testified there was no rental Registration for the rental property at
40S Carver Street, Immokalee on October S, 200S. Pictures were taken. As of
December 19th no rental registration had been obtained.
Finding the Notice of Hearing was properly served, the Respondent is found GUlLTY
of the alleged violations and is ordered to obtain the proper Rental Registration on or
before February 24,2006 or afine of $50 per day will be imposedfor each day the
violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$179.19 incurred by
Code Enforcement during the prosecution of this case on or before March 19,2006.
Respondent is to notifY the Investigator to concur the violation has been abated.
22. Case #2005100286 - BCC vs. David Esquivel
This hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was not present.
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February 17, 2006
Violation(s): Ordinance 04-58, Section 7
No Rental Registration for Rental Property
Investigator Sykora testified of the violation at 301 S. 6th Street, Immokalee. Started out
as a permit case and discovered there was no rental registration. Instructions and forms
were sent. Monitored and received the return receipt on December 5, 2005. Had spoken
with the Respondent yesterday and advised him to bring all documentation to the
Hearing today of the property going to closing. The property is still in the Respondents
name.
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 on or before
February 22, 2006 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 0 $184.93 incurred by
Code Enforcement during the prosecution of this case on or before March 19, 2006.
Respondent is to notify Investigator within 24 hours to concur the violation has been
abated.
23. Case #2005100327 & 2005100245 - BCC vs. Jerry B. Blocker
This hearing was requested by Code Enforcement Investigator Carol Sykora who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00 and Ordinance 04-58,
Section 7
Unlicensed/inoperable Vehicles on Property and No Rental Registration for Rental
Property (both at the same address)
Investigator Sykora testified violation occurred on October 6, 2005 at 609 S. 5th Street,
Immokalee with several unlicensed vehicles on property. As of yesterday, all vehicles
have been removed except for one with an expired tag.
On the Rental Registration violation, property was posted. The Rental Registration was
obtained on February 8, 2006, consequently violation has been abated.
Case #2005100327
Finding the Notice of Hearing was properly served, the Respondent is found GUlLTY
of the alleged violations and is ordered to abate violation by obtaining and affIXing a
current valid plate to vehicle, make operable or store in an enclosed structure or
remove from property on or before February 22,2006 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 $184.93 incurred by
Code Enforcement during the prosecution of this case on or before March 19, 2006
Case #2005100245
Finding the Notice of Hearing was properly served, and finding the Violation did exist,
but was CORRECTED Drior to today's hearing, Respondent isfound guilty of the
alleged violation(s) and is ordered to pay Operational Costs in the amount of $179.19
incurred by Code Enforcement during the prosecution of this case on or before March
19, 2006.
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February 17, 2006
3. Comments - None
4. Next Meetinl! Date
March 3, 2006
There being no further business for the good ofthe County, the Hearing was
adjourned by order of the Special Master at 12:45 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Secretary to the Special Master, Jason Bires
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