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Spec Master Minutes 03/03/2006 March 3, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, March 3, 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: March 3, 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 MA Y 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. HEARINGS 1. CASE NO: OWNER: OFFICER: SO 147027 MARK MIDDLEBROOK CACERES VIOLATIONS: ORD. SEe. 130-66 PARKING IN COUNTY RIGHT OF WAY 2. CASE NO: SO 146866 OWNER: ROBERT DlMUCCI OFFICER: MARGANTI VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING 3. CASE NO: SO 152418 OWNER: WILBERT M BEACHAM OFFICER: KELLER VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS 4. CASE NO: SO 151737 OWNER: JANET M CLARK OFFICER: KELLER VIOLATIONS: ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS 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: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 152701 HEBERT B STEBBINS KELLER ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 151709 PHYLLIS R EMENS KELLER ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 152401 EDWARD J BAUMAN KELLER ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 152702 ELINOR EDINGTON LOVING KELLER ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 152122 PATRICIAK SULLIVAN KELLER ORD. SEC. 130-67 HANDICAPPED PARKING - USING HUSBAND'S PERMIT SO 1515718 JAMES H SPECKMANH KELLER ORD. SEC. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 151750 PAULINE M NIELSEN KELLER ORD. SEe. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS SO 151727 LYNN R MCPHERSON KELLER ORD. SEC. 130-67 HANDICAPPED PARKING - BLOCKING ACCESS 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: CE 2313 JOHN URE BOX ORD. SEe. 130-66 PARKED ALONGSIDE ROAD - RIGHT OF WAY CO 00001 TIM MACE - CONDO SUPERINTENDENT O'FARRELL 04-41 AS AMENDED SEe. 3.05.01 VEGETATION REMOVAL WITH IRREPARABLE HARM 2005061052 LEE HEDRICH SANT AFEMIA 04-41 AS AMENDED SEe. 10.02.06 ENCLOSURE OF SCREENED PORCH WITHOUT PERMITS 2006010336 SEIDE M FRADEUS & ALIETTE JEAN CHARLE BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLE PARKED IN DRIVEWAY 2005120103 FLA VIO LOREDO MUCHA 04-41 AS AMENDED SEe. 4.05.03 PICK-UP TRUCK PARKED ON GRASS 2005120102 FLA V10 LOREDO MUCHA 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLE ON PROPERTY 2005110434 MELQUlADES BUCKOW GRIMSHAW 04-41 AS AMENDED SEe. 1.04.01 UNLICENSED/INOPERABLE VEHICLE ON PROPERTY/ILLEGAL STRUCTURES 2005120264 ERNEST N FREEMAN JR SYKORA 04-41 AS AMENDED SEe. 2.01.00 TWO UNLICENSED/INOPERABLE VEHICLES ON 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: 27. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. COMMENTS 4. NEXT MEETING DATE March 17. 2006 5. ADJOURN 2005120339 ERNEST N FREEMAN JR SYKORA 04-58 SEe. 7 RENTAL REGISTRATION EXPIRED WITHOUT BEING RENEWED 2005120265 ERNEST N FREEMAN JR SYKORA 05-44 SEe. 6,7,8 LITTER ON PROPERTY 2005120332 JUAN MESTA YBACETA 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLES PARKED IN REAR OF PROPERTY 2005110103 FATHER AND SON TILE AND MARBLE INC LUEDTKE 04-41 AS AMENDED SEe. 1.04.01,2.02.03 PROHIBITED STORAGE OF WOODEN PALLETS AND A LARGE COMM. TRUCK 2005120045 WINDLE F CLARK JACKSON 99-51 SEe. 6 ACCUMULATION OF LITTER ON PROPERTY 2005120042 WINDLE F CLARK JACKSON 04-41 AS AMENDED SEC. 4.05.03 TWO VEHICLES PARKED ON THE SIDE OF THE HOUSE 2005120244 ISABELA SANDOVAL JACKSON 04-41 AS AMENDED SEC. 2.01.00 COMMERCIAL VEHICLE PARKED IN REAR YARD March 3, 2006 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:50 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 to attempt to reach a Resolution by Stipulation, looking for Compliance without being punitive. Before breaking for this purpose, two cases that had already reached a Resolution by Stipulation were heard. 2. PUBLIC HEARINGS STIPULATIONS 1. Case #SO 147027 - BCC vs. Mark Middlebrook This Hearing was requested by the Respondent who was present. Code Enforcement Investigator Caceres was present. Violation(s): Ordinance 130-66 Parking in County Right of Way Investigator Caceres said that he would like to dismiss the citation. The Respondent did not object. Finding the Notice of Hearing was properly served, the Respondent is found NOT GUILTY of the alleged violation(s) and the citation is dismissed. 2. Case #SO 146866 - BCC vs. Robert DiMucci This Hearing was requested by the Respondent who was present. Sheriffs Officer Deputy Rex Marganti was not present. Violation(s): Ordinance 130-67 Handicapped Parking Deputy Marganti was not present but wrote a letter to the Special Master in which he indicated that he had issued the citation in error, and recommended that the citation be dismissed. Finding the Notice of Hearing was properly served, the Respondent is found NOT GUILTY of the alleged violation(s) and the citation is dismissed. Following the hearing of the first two cases, a break was taken to give Respondents the opportunity to speak with their Investigating Officer to attempt to reach a Resolution by Stipulation. BREAK - 8:59 AM RECONVENED - 9:11 AM 2 March 3,2006 4. Case SO 151737 - BCC vs. Janet M. Clark This Hearing was requested by the Respondent who was present. Sheriffs Office Deputy Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access The Respondent admitted guilt to the violation. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to pay ajine of$250 on or before April 3, 2006. Operational Costs were waived. 6. Case SO 151709 - BCC vs. Phyllis A. Emens This Hearing was requested by the Respondent who was present. Sheriffs Officer Deputy Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access The Respondent admitted guilt to the violation. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) and is ordered to pay ajine of$250 on or before April 3, 2006. Operational Costs were waived. B. HEARINGS 3. Case #SO 152418 - BCC vs. William M. Beacham This Hearing was requested by the Respondent who was present. Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car with a handicapped parking permit was illegally parked in a handicapped access zone at the Waterside shops on January 30, 2006. Photographs were shown. The Respondent testified that no handicapped parking was available and he was in poor health and unable to walk very much. The Respondent's friend Bonnie Tucker testified that Waterside's handicapped spots are tom up, have been reduced due to construction, and marking indicating parking is for handicapped is inadequate. The Special Master discussed handicapped parking situations and concerns at length. 3 March 3, 2006 Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) but no jine is assessed due to the circumstances. 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 3, 2006. 5. Case #SO 152701 - BCC vs. Herbert B. Stebbins This hearing was requested by the Respondent who was present. Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car with a handicapped parking permit was illegally parked in a handicapped access zone at the Bed, Bath & Beyond shopping plaza. A photograph was shown. The Respondent testified that he has a handicapped parking permit, and that the handicapped parking access lines painted on the parking lot were almost indiscernible. He provided his photograph. Officer Keller testified that the lines are very faint, but are visible. The Special Master ruled that the markings were not sufficient to put the Respondent on notice. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 7. Case #SO 152401- BCC vs. Edward J. Bauman This Hearing was requested by the Respondent who was present. Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car with a handicapped parking permit was illegally parked in a handicapped access zone at Pine Ridge Crossing in front of Publix. No photograph was available. The Respondent testified that he had not noticed the access lane markings. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation but no jine is assessed. 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 3, 2006. 8. Case #SO 152702 - BCC vs. Elinor Edintrton Lovin!! This Hearing was requested by the Respondent who was present. 4 March 3, 2006 Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car was illegally parked in a handicapped access zone at the Bed, Bath & Beyond shopping plaza in front of the Michaels store. A photograph was shown. The Respondent testified that she did not see the handicapped parking access lines painted on the parking lot as they are badly faded. She provided photographs. The Special Master ruled that the markings were not sufficient to put the Respondent on notice. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 9. Case #SO 152122 - BCC vs. Patricia K. Sullivan This Hearing was requested by the Respondent who was present. Sheriff s Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Using Husband's Permit Officer Keller testified that a car without a handicapped parking permit was parked in a handicapped access zone at the new Super Wal-Mart on Immokalee Road. While writing the ticket the Respondent returned to the car and showed a handicapped parking permit issued to her husband who was not with her. Respondent testified that she had her hearing in November and was told to obtain a handicapped parking permit issued to her, and then appear before the Special Master again. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) but no jine is assessed due to the circumstances. Respolldent is ordered to pay Operational Costs in the amount of$50 incurred by Code Ellforcement during the prosecution of this case on or before April 3, 2006. 10. Case #SO 1515718 - BCC vs. James H. Speckmann This hearing was requested by the Respondent who was present. Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access 5 March 3, 2006 Officer Keller testified that a car with a handicapped parking permit was parked in a handicapped access zone at Pine Ridge Crossing by Publix. Photographs were shown and discussed with the Respondent. The Respondent said that he thought that the access lane was part of the handicapped parking spot. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged violation(s) but no fine is assessed. 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 3, 2006. 11. Case #80 151750 - BCC vs. Pauline M. Nielsen This hearing was requested by Respondent who was present. Sheriff s Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car with a handicapped parking permit was illegally parked in a handicapped access zone at the Bed, Bath & Beyond shopping plaza by Pet Smart. A photograph was shown. The Respondent testified that she did not see the handicapped parking access lines painted on the parking lot as they are badly faded. She provided photographs. The Special Master ruled that the markings were not sufficient to put the Respondent on notice. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 12. Case #80 151727 - BCC vs. Lvnn R. McPherson This hearing was requested by Respondent who was present. Sheriffs Officer Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Parking - Blocking Access Officer Keller testified that a car with a handicapped parking permit was illegally parked in a handicapped access zone at the Bed, Bath & Beyond shopping plaza by Michaels. A photograph was shown. The Respondent testified that she did not see the handicapped parking access lines painted on the parking lot as they are badly faded. She provided photographs. 6 March 3, 2006 The Special Master ruled that the markings were not sufficient to put the Respondent on notice. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 25. Case #2005120042 - BCC vs. Windle F. Clark Windle F. Clark is deceased. This hearing was requested by the Respondent's daughter-in law, Karen Clark, who was present representing Ann Clark, the Respondent's widow. Karen Clark occupies the residence where the alleged violation exists. Code Enforcement Investigator Jackson was present. Violation(s): Ordinance 04-41 as amended Section 4-05-03 Two vehicles parked on the side of the house 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 moving all vehicles to a stabilized surface by March 6, 2006 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 $152.98 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. The Respondent is to notify the Investigator within 24 hours of a work day to concur the violation has been abated. 26. Case # 2005120045 - BCC vs. Windle F. Clark Windle F. Clark is deceased. This hearing was requested by the Respondent's daughter-in law, Karen Clark, who was present representing Ann Clark, the Respondent's widow. Karen Clark occupies the residence where the alleged violation exists. Code Enforcement Investigator Jackson was present. Violation(s): Ordinance 99-51 Section 6 Accumulation of litter on Property 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 removing all litter from the property or storing the desired items in an enclosed structure by March 6,2006 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$170.11 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. 7 March 3, 2006 The Respondent is to notifY the Investigator within 24 hours of a work day to concur the violation has been abated. BREAK - 10:35 AM RECONVENED - 10:50 AM 13. Case #CE 2313 - BCC vs. John Ure This hearing was requested by the Respondent who was present. Code Enforcement Investigator Box was also present. Violation(s): Ordinance 130-66 Parking alongside road - right of way Investigator Box testified he noticed a car parked in the right of way at 3571 Santiago Way on January 25,2006. No photograph was available since the alleged violation occurred at 8:30 at night. A satellite photo of the location was displayed on the court screens. The Respondent testified that he believed he was not in violation as he had all four wheels on the grass, and presented his own photographs. Investigator Box said that the ordinance says that no part of a car can be parked within 30 feet of the center of the roadway, and that he estimated the car was parked closer than 30 feet to the center of the roadway. The Special Master indicated that she has a problem with the way the 30 foot distance was estimated, rather than being measured. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 24. Case #2005110103 - BCC vs. Father and Son Tile and Marble Inc. This hearing was requested by Code Enforcement Officer Sean Luedtke who was present. The Respondent, Marlene Millet, sole owner of Father and Son Tile and Marble Inc., was also present. Violation(s): Ordinance 04-41 as amended Section 1.04.01,2.02.03 Prohibited storage of wooden pallets and a large commercial truck 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 removing all outside storage, litter and vehicles from the property by March 8, 2006 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter (a substantial portion of the prohibited items have already been removed). 8 March 3, 2006 Respondent is ordered to pay Operational Costs in the amount of $195. 63 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. The Respondent is to notify the Investigator within 24 hours of a work day to concur the violation has been abated. 14. Case #CO 00001- BCC vs. Tim Mace - Condo Superintendent This hearing was requested by the Respondent who was not present. The Respondent is the Condo Superintendent for Wilderness Country Club which was represented at today's hearing by Stanley Bunner ofCheffy, Passidomo, Willison & Johnson. Robert Felt, Wilderness General Manager and Chief Operating Officer, and John Libor, President of Wilderness Association and Club were present. Environmental Enforcement Investigator Susan O'Farrell was present. Violation(s): Ordinance 04-41 as amended Section 3.05.01 Vegetation Removal with Irreparable Harm In summary, Mr. Bunner: · Presented a packet (Respondent's composite exhibit A) and Respondent's exhibit B. · Argued that Wilderness Country Club is not a preserve, and suffered damage to trees from Hurricane Wilma in 2005. · Indicated that the affected trees were not naturally occurring, but were planted by the former owner of Wilderness. · Discussed BCC actions following Hurricane Wilma to temporarily suspend enforcement of requirements for tree removal permits in situations that pose a threat to the health, safety and welfare of citizens. · Indicated that Wilderness had FEMA representatives view the damaged trees and they found that the trees were not viable. · Noted that Wilderness contacted Commissioner Coyle's office and were referred to Mike Sawyer in County Zoning. Mr. Brunner stated that Mr. Sawyer told them that they did not need a permit to remove the damaged trees. · Indicated that Wilderness would not remove viable trees and then pay to replace them with new trees. · Questioned Mr. Felt and Mr. Libor, both of whom testified that Wilderness does not remove viable trees, and that the trees in question were damaged by the hurricane. In summary, Investigator O'Farrell: · Said that the violation was for the removal of five trees in excess of 28 inches in diameter. · Presented County's exhibit A. · Argued that Wilderness is a preserve which is required to have 25% vegetation, and it does not. A permit was required to remove vegetation. · Said on January 11,2006 Investigator Kevin Halesworth noticed tree removal work taking place and a large pile of debris, and issued a stop work order. 9 March 3, 2006 · On January 12, 2006 Investigator O'Farrell saw that the large pile of debris had been removed. If it had still been there she would have been able to determine if the trees had been damaged by the hurricane or were viable. · On January 16,2006 Investigator O'Farrell saw that work on the trees was taking place, in spite of the stop work order. · Said that the area is a retained native vegetation area, and that the trees were naturally occurring, i.e., not placed there by man. · Argued that the trees had not suffered hurricane damage. · Indicated that BCC actions following Hurricane Wilma to temporarily suspend enforcement of requirements for tree removal permits were in regard to trees planted by man, which these were not. The Special Master determined that the County had not proved its case. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 15. Case #2005061052 - BCC vs. Lee Hedrich This hearing was requested by the Respondent who was represented by his Attorney Jim Siesky. Code Enforcement Investigator John Santafemia was present. Violation(s): Ordinance 04-41 Section 10.02.06 Enclosure of Screened Porch without Permits This is the continuance of a hearing that took place on February 17,2006. Investigator Santafemia testified he was called by a complaintant to 790 98th Avenue North, Naples Park on June 28, 2005 regarding minimum housing issues. While addressing those issues, he noticed a screened porch that had been enclosed. He believed the structure was inconsistent with the rest of the building and he believed it would not have been approved by County Inspectors. He decided to determine whether it had been permitted. Through the Records Department he found the original permit for the construction of the dwelling in 1969, but no other permit in conjunction with the enclosure of the screened porch. He obtained a copy of the Property Card from the Property Appraiser's Office which noted the conversion of the porch to an enclosed porch in 1978. He informed Mrs. Hedrick that she needed to obtain a permit and get the required inspections and certificate of occupancy to make the enclosure legal. Mr. Siesky presented a packet (Respondent's composite exhibit A) which included an affidavit from Mr. Sam Colding, the Property Appraiser during the relevant period, stating that information would be added to a Building Card only when there was a building permit for a structure. County Records for the addition appear to be lost although the County has collected property taxes on the addition for over 20 years. He indicated that the porch has survived many hurricanes and presents no threat to anyone's health and welfare. He said that it has been repaired and presented current photographs. 10 March 3, 2006 Investigator Siesky indicated that he spoke to Abe Skinner, the current Property Appraiser who worked under Mr. Colding during the relevant period. Mr. Skinner indicated that information was sometimes added to Building Cards without the relevant building permits. The Special Master noted that there is nothing to prove that a permit was granted or not, and it can not be proved that it was not issued. For that reason, and as problems with the porch have been corrected, there is less of a concern that a permit may not have been obtained in 1978. Finding the Notice of Hearing was properly served; the Respondent is found NOT GUILTY of the alleged violation(s). 19. Case #2005110434 - BCC vs. MelQuiades Buckow The hearing was requested by the Respondent who was not present. Code Enforcement Investigator Heather Grimshaw was present. Violation(s): Ordinance 04-41 as amended Section 1.04.01 Unlicensed/Inoperable vehicle on propertylillegal structures Investigator Grimshaw testified that the violation which occurred at 6461 Bottle Brush Lane was abated after the compliance date that was set on the notice of violation. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED prior to today's hearing, Respondent is found GUILTY of the alleged violations and is ordered to pay Operational Costs in the amount of $210.10 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. 16. Case #2006010336 - BCC vs. Seide M. Fradeus & Aliette Jean Charle This hearing was requested by the Respondents who were not present. Code Enforcement Investigator Box was present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed vehicle parked in driveway Investigator Box testified that the violation occurred at 4411 Gulfstream Drive on January 4,2006. As of March 2, 2006 the vehicle had been removed. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED prior to today's hearing, Respondents are foulld GUILTY of the alleged violation(s) and are ordered to pay afine in the amount of$100 and Operational Costs in the amount of$197.27 incurred by Code Enforcement during the prosecutioll of this case on or before April 3, 2006. 11 March 3, 2006 17. Case #2005120103 - BCC vs. Flavio Loredo This Hearing was requested by the Respondent was present. Code Enforcement Investigator Joseph Mucha was also present. Violation(s): Ordinance 04-41 as amended Section 4.05.03 Pick-up truck parked on grass Investigator Mucha testified that he first observed the violation on December 5, 2005 on Porter Street and he left a warning tag. On December 14,2005 the violation still remained and notice of the violation was served on the Respondent's wife. The violation was abated sometime between February 9, 2006 and February 24, 2006. The Respondent testified that he works seven days a week and had to take a day off from work to move the vehicle. 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 Operational Costs were waived. 18. Case #2005120102 - BCC vs. Flavio Loredo This Hearing was requested by the Respondent who was present. Code Enforcement Investigator Joseph Mucha was also present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed/Inoperable vehicle on property This case is related to the prior case #2005120103, and this violation has also been abated. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED prior to today's hearing, Respondent is found GUILTY of the alleged violation(s) and is ordered to pay Operational Costs in the amount of $181.54 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. 20. Case #2005120264 - BCC vs. Ernest N. Freeman. Jr. This hearing was requested by the Respondent who was present. Code Enforcement Officer Carol Sykora was also present. Violation(s): 04-41 as amended Section 2.01.00 Two unlicensed/inoperable vehicles on property Investigator Sykora testified that she observed two unlicensed/inoperable vehicles at 101 Eustes Ave. in Immokalee on December 8,2005. She served a notice of violation on the Respondent on December 13,2005. On March 2,2005 she noted that the violation had been abated. 12 March 3,2006 The Respondent testified that these vehicles had been left behind by a tenant who had moved away. It was difficult to get someone to tow them away because the vehicles titles were not available. 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 $184.1 0 on or before April 3, 2006. 21. Case #2005120339 - BCC vs. Ernest N. Freeman. Jr. This hearing was requested by the Respondent who was present. Code Enforcement Officer Carol Sykora was also present. Violation(s): Ordinance 04-58, Section 6 Rental Registration expired without being renewed Investigator Sykora served a notice of violation on the Respondent on December 13,2005 for a rental registration expired without being renewed for property at 101 Eustes Ave. in Immokalee, property zoned Village Residential. The registration was renewed on February 2, 2006. The Respondent testified that he had not received the renewal notification - it had gone to his vacationing mother's address instead of his company's address. He has arranged for the mailing records to be corrected. He paid a fine of $120.00 for the late renewal when the rental registration was renewed. Finding the Notice of Hearing was properly served, andfinding the violation did exist, but was CORRECTED prior to today's hearing, Respondent isfound GUILTY of the alleged violation(s) and is ordered to pay Operational Costs in the amount of $172.62 on or before April 3, 2006. 22. Case #2005120265 - BCC vs. Ernest N. Freeman. Jr. This hearing was requested by the Respondent who was present. Code Enforcement Officer Carol Sykora was also present. Violation(s): Ordinance 05-44 Section 6,7,8 Litter on property Investigator Sykora testified that she served a notice of violation on the Respondent for litter on the property at 101 Eustes Ave. in Immokalee. The litter consisted of, but was not limited to wood, plastic, metal, tires, carpet, broken bicycles, vehicle parts, roofing materials and general trash. Pictures of the litter were presented and three of them were accepted as County's Composite Exhibit A. Investigator Sykora noted that the violation had been abated on March 2, 2006. There is currently landscaping debris on the property that was placed there after the notice of violation was served. The Respondent testified the debris mainly arose from a shed that was knocked down by Hurricane Wilma, and that he was waiting for an insurance adjuster to 13 March 3, 2006 view it before taking action to remove it. He said that the remaining litter would be removed by the weekend (March 5,2006). 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); Operational Costs are waived. 27. Case #2005120244 - BCC vs. !sella Sandoval This hearing was requested by the Respondent who was present. Code Enforcement Investigator Ian Jackson was also present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Commercial vehicle parked in rear yard On December 8, 2005 Investigator Jackson noticed a commercial vehicle parked on residentially zoned property and issued a notice of violation to Jose Garza who stated he was the husband of the owner. As of this morning the violation remams. The Respondent testified that her actual name is Laura Garza, and that the fictitious name Isella Sandoval appears on this case because she works for the Collier County Sheriff's Office. She said that she lost a shed during Hurricane Wilma, and is storing items from the shed in a box truck until she can install a new driveway and shed. She said that she has a permit for this work, and she requested fourteen days to complete this work and remove the box truck. Investigator Jackson then testified that a permit has been issued for the driveway but not for the shed. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violations and is ordered to abate all violations by removing the commercial vehicle on or before March 17, 2006 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 $170.11 incurred by Code Enforcement during the prosecution of this case on or before April 3, 2006. Respondent is to notify Investigator within 24 hours to concur the violation has been abated. 23. Case #2005120332 - BCC vs. Juan Mesta This hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensedlinoperable vehicles parked in rear of property Investigator Ybaceta testified on December 13,2005 he responded to a citizen's complaint about two unlicensed vehicles in the rear of2372 Washington Avenue. 14 March 3, 2006 He issued a notice of violation to the owner's mother and has had no contact with the owner. As oftoday, the violation remains. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and is ordered to correct the violation by obtaining alld affIXing a current valid license and making the vehicle operable or storing it within an enclosed structure or removing it all together on or before March 8, 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 $169.83 incurred by Code Ellforcement during the prosecution of this case on or before April 3, 2006. Respondent is to notifY Investigator within 24 hours to concur the violation has been abated. 3. Comments - None 4. Next Meetin2 Date March 17, 2006 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 1 :29 PM. FOR THE COLLIER COUNTY SPECIAL MASTER Secretary to the Special Master, Jason Bires 15