Spec Master Minutes 03/17/2006
March 17, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, March 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
Steven Griffin, Assistant County Attorney
Dennis Mitchell, Supr. Code Enforcement
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: March 17,2006 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 W[LL NEED A RECORD OF
THE PROCEEDINGS PERT A[N[NG THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST[MONY AND EVIDENCE UPON WHICH THE
APPEAL [S TO BE BASED. NE[THER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE
RESPONS[BLE FOR PROVID[NG TH[S RECORD.
1. CALL TO ORDER
2. PUBLIC HEARINGS
A. STIPULATIONS
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
1. BCC VS. MANUEL & ISABEL VILLASENOR
2. BCC VS. HERIBERTO PEREZ
3. BCC VS. ASHL Y & DENISE I GILKESON
4. BCC VS. ANNA DIAZ
5. BCC VS. JOSE & NIEVVE FERREIRA
B. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2006010153
2006010714
2005040921
2005120302
2005120300
SO 152416
DEBRA J MULLEN
KELLER
ORD. SEe. 130-67
HANDICAPPED PARKING - BLOCKING ACCESS
SO 147030
BENADETTE DEVOE
CACERES
ORD. SEe. 130-67
HANDICAPPED PARKING
SO 143011
PETER SAARI
KLINKMAN
ORD. SEe. 130-67
HANDICAPPED PARKING
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
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:
SO 107606
GEORGE LUSBY
SANTOS
ORD. SEC. 130-67
HANDICAPPED PARKING
2005090424
DANIEL ROBBINS
OLNEY
04-41 AS AMENDED SEC. 10.02.06
REPLACEMENT OF DOOR, WINDOWS, ADDITION OF ELEe. W/O PERMITS
2005110507
EVERARDO & AUDELIA ARREGUIN
JACKSON
04-41 AS AMENDED SEe. 2.01.00, 4.05.03
STORAGE OF UNLICENSED/INOPERABLE VEHICLES
2005120347
JEAN R & ROSALEE DARCE & ROGER ANGERVIL
AMBACH
04-41 AS AMENDED SEe. 2.01.00
SEVERAL INOPERABLE/UNLICENSED VEHICLES PARKED ON PROPERTY
2005120346
JEAN R & ROSALEE DARCE & ROGER ANGERVIL
AMBACH
99-51 AMENDED IN CONJUNCTION WITH 05-44 SEe. 6, 7 & 8
LITTER ON ENTIRE PROPERTY
2005031150
CRAIG S & NATALIE F STEVENSON
AMBACH
04-41 AS AMENDED SEe. 2.01.00
INOPERABLE BROWN JEEP TO RIGHT OF DRIVEWAY, MISSING FRONT END
2005100362
ROBERT A STRENZ
LETOURNEAU
04-58 SEe. 6
MINIMUM HOUSING VIOLATIONS
2005090328
GEORGE F ACCONE TR & RITA F ACCONE TR
LETOURNEAU
04-58 SEC 6; 04-41 AS AMENDED SEe. 10.02.06
MINIMUM HOUSING VIOLATIONS; WORK DONE WITHOUT PERMITS
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005120434
EJ PROPERTIES LLC
LETOURNEAU
04-58 SEe. 7
NO RENTAL REGISTRATION
2005120555
JOAQUIN & MAGDALENA SANTIAGO
LETOURNEAU
04-41 AS AMENDED SEe. 10.02.06
NON-PERMITTED RENOVATION OF 1 ST FLOOR INTO LIVING AREA
2005100776
ELAINE DELORIS CHOICE
LETOURNEAU
04-58 SEe. 6
MINIMUM HOUSING VIOLATIONS
2006010406
ALFREDO MIRALLES SR
SANT AFEMIA
04-58 SEC. 11, 12 & 19; 04.41 AS AMENDED SEe. 2.01.00 & 2.02.03; 05-44 SEe. 7
LITTER, UNLICENSED/INOPERABLE VEHICLES, COMM. TRAILER, MIN. HOUS.
2006010407
ALFREDO MIRALLES SR
SANT AFEMIA
04-58 SEe. 11,12 & 19; 04-41 AS AMENDED SEe. 2.01.00 & 2.02.03; 05-44 SEe. 7
LITTER, UNLICENSED/INOPERABLE VEHICLES, COMM. TRAILER, MIN. HOUS.
2006010408
ALFREDO MIRALLES SR
SANT AFEMIA
04-58 SEe. 11, 12 & 19; 04-41 AS AMENDED SEe. 2.01.00 & 2.02.03; 05-44 SEe. 7
LITTER, UNLICENSED/INOPERABLE VEHICLES, COMM. TRAILER, MIN. HOUS.
2005100162
ALFREDO MIRALLES SR
SANT AFEMIA
04-58 SEe. 11, 12 & 19; 04-41 AS AMENDED SEe. 2.01.00 & 2.02.03; 05-44 SEe. 7
LITTER, UNLICENSED/INOPERABLE VEHICLES, COMM. TRAILER, MIN. HOUS.
2006010346
ALFREDO MIRALLES SR
SANT AFEMIA
04-58 SEe. 11, 12 & 19; 04-41 AS AMENDED SEe. 2.01.00 & 2.02.03; 05-44 SEe. 7
LITTER, UNLICENSED/INOPERABLE VEHICLES, COMM. TRAILER, MIN. HOUS.
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. COMMENTS
4. NEXT MEETING DATE
April 7, 2006
5. ADJOURN
2005110778
JESUS AYALA
SANT AFEMIA
04-58 SEe. 6
ROOF ON MOBILE HOME IN DISREPAIR AND LEAKING
2005120637
FRANK ALOIA JR TR, CINEMA LAND TRUST
MUCHA
04-41 AS AMENDED SEe. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2005120166
CHARLIE & LORI CONRAD JR
MUCHA
04-41 AS AMENDED SEe. 2.01.00
BOA T ON TRAILER IN THE DRIVEWAY AT LOCATION
2005100215
JOHNNIE MCSWAIN THOMAS EST C/O LUCY RILEY
SYKORA
REQUEST FOR REDUCTION OF FINES
2005120118
PATRICK NOBLE
FORDHAM
REQUEST FOR REDUCTION OF FINES
March 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 to
attempt to reach a Resolution by Stipulation, looking for Compliance
without being punitive.
BREAK FOR STIPULATIONS - 9:00 AM
RECONVENED - 9:10 AM
2. PUBLIC HEARINGS
A. STIPULATIONS
1. Case #2006010153 - BCC vs. Manuel & Isabel Villasenor
This Hearing was requested by Code Enforcement Investigator Joseph Mucha
who was present.
The Respondent was not present.
Violation was an unlicensed vehicle parked at residence. Vehicle has been
removed and agreed to 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 Operational Costs of
$196.92 incurred by Cod Enforcement during the prosecution of this case on
or before April 16, 2006.
2. Case #2006010714 - BCC vs. Heriberto Perez
This Hearing was requested by Code Enforcement Investigator Joseph Mucha
who was not present.
The Respondent was not present.
Violation(s): 2004-41 Section 4.05.03a
Vehicles parked on the grass at the residence. Respondent has agreed to the
Stipulation.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to removed all vehicles on or
before March 20, 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#170.97
incurred by Code Enforcement during the prosecution of this case/on or before
April 16, 2006.
The Respondent is to notify Investigator within 24 hours to concur the
violation has been abated.
3. Case #2005040921 - BCC vs. Ashlv & Denise I. Gilkeson
2
March 17,2006
This Hearing was requested by Supervisor Code Enforcement Dennis Mitchell
who was present.
The Respondent was not present.
Violation(s): Ordinance 2004-41 - 10.02.06 BIA, 10.02.06 BIDI, 10.02.06 BID,
Permitted storage barn converted into living space.
The Respondent has agreed to the Stipulation.
Finding the Notice of Hearing was properly served; the Respondent is found
GUILTY of the alleged violation(s) and is ordered to obtain proper permits,
inspections and CO on or before June 14, 2006 or pay a fine of $250 per day
will be imposed for each day the violation remain thereafter.
Respondent is ordered to pay Operational costs in the amount of$238.18
incurred by Code Enforcement during the prosecution of this case which has
already been paid.
4. Case # 2005120302 - Bee vs. Anna Diaz
This Hearing was requested by Code Enforcement Officer Joseph Mucha was
present.
The Respondent was not present.
Violation(s): Ordinance 2004-41, Section 21.00A
Unlicensed vehicle parked at residence.
The vehicle has been removed and the Respondent has agreed 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 Operational Costs in the
amount of$181.54 incurred by Code Enforcement during the prosecution of
this case on or before April 16, 2006.
5. Case #2005120300 - Bee vs. Jose & Nievve Ferreira
This Hearing was requested by Code Enforcement Officer Joseph Mucha was
present.
The Respondent was not present.
Violation(s): 2005-44, Sections 5,6, 7 & 8
Accumulation of Litter at residence.
The violation has been abated and the Respondent agreed to the Stipulation.
Finding the Notice of Hearing was properly served, and finding the violation
did exist, but was CORRECTED vrior to today's Hearing, Respondent isfound
guilty of the alleged violation(s) and is ordered to pay Operational Costs in the
amount of $202.63 incurred by Code Enforcement during the prosecution of
this case on or before April 1, 2006.
3
March 17, 2006
OTHER STIPULATIONS FROM THE AGENDA
6. Case #2005110507 - Bee vs. Everardo & Audelia Arre2uin
This Hearing was requested by Code Enforcement Investigator Ian Jackson was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00, 4.05.03
Storage of Unlicensed/Inoperable Vehicles
The Respondent agreed to the Stipulation.
Finding the Notice of Hearing was properly served the Respondent is found
GUILTY of the Alleged Violation(s) and is ordered to come into compliance
under the Statutes such as; to affIX valid license plates on all vehicles, make all
vehicles operable, or store in an enclosed structure, or remove from property,
on or before March 22, 2006 or afine of $50 per vehicle per day will he
imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operatiollal Costs in the amount of $170.11
incurred by Code Enforcement durillg the prosecution of this case oil/or before
April 16, 2006.
The Respondent is to notify Investigator within 24 hours to concur the
violation has been abated.
11. Case #2005090328 - Bee vs. Geor2e Faccone TR. & Rita Facxcone TR.
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau
who was present.
The Respondent was not present.
Violation(s): Ordinance 04-58, Section 6, 04-41 as amended Section 10.02.06
Minimum Housing Violations; work done without Permits
Respondent agreed to the Stipulation.
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 by permitting or removal of the porch violation on or before April
16,2006 or afine of$100 a day will be imposed. The Respolldellt is also
ordered to correct the minimum housing violations corrections on or before
May 16, 2006 or a fine of $250 per day will be imposed.
Respondent is ordered to pay Operational Costs in the amount of $261.32
incurred by Code Enforcement during the prosecution of this case on/or before
May 16, 2006.
The Respondent is to notify Investigator within 24 hours to concur the
violation has been abated. Property is not to be inhabited until all violations
have been abated.
14. Case #2005100776 - Bee vs. Elaine Deloris Choice
4
March 17, 2006
This Hearing was requested by Code Investigator Jeff Letourneau who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-58 Section 6, 1,2,3,4,5,8,9,12
Minimum Housing Violations
Investigator Letourneau testified he met with Jerome McClain, the owner &
Registered Agent in which he signed a stipulated agreement.
Finding the Notice of Violation was properly served; the Respondent is found
GUILTY oftlte alleged violation(s) and is ordered to abate all minimum housillg
violations on or before March 31, 2006 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 $254.09
incurred by Code Enforcement during the prosecution of this case on or before
April 16, 2006.
The Respondellt is to notify Investigator within 24 hours to concur the violatioll
has beell abated.
21. Case #2005120637 - Bee vs. Frank Aldia JR., TR, Cinema Land Trust
This Hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00A
Unlicensed/Inoperable Vehicles on Property
The Respondent agreed to the Stipulation.
Finding the Notice of Hearing was properly served and finding the violation did
exist, but was CORRECTED orior to today's Hearing, Respondent is found
guilty of the alleged violation(s) and is ordered to pay Operational Costs in the
amount of$182.40 incurred by Code Enforcement during the prosecution of this
case on or before April 16, 2006.
B. HEARINGS
1. Case #SO 152416 - Bee vs. Debra J. Mullen
This Hearing was requested by the Respondent who was present and represented
by her Attorney Denna Clark.
Sheriffs Officer Lawrence Keller was present.
Violation(s): Ordinance 130-67
Handicapped Parking - Blocking Access
The Respondents Attorney asked the case be dismissed for the citation received
on January 27,2006 and Respondent would pay the $5.00 clerk fee for having
the permit.
5
March 17, 2006
Pictures were offered into evidence. Attorney Clark testified the lines were not
visible and Respondent did not realize where she parked was illegal and did not
see the handicapped symbol.
The second issue was the composition of the ticket. He stated there was no
Ordinance in blocking an access, so could not defend the citation or violation.
Officer Keller offered pictures into evidence also. He testified the lines are very
clearly marked for blocking off the area next to the parking spaces reserved for
handicapped. Those areas are for vans with drop down ramps etc.
The construction at the Waterside Shops was discussed.
The Respondent gave a synopsis of conversation in the Clerk's office of paying
the $5.00 and then having it returned. She had been told she was given wrong
information.
Special Master Garretson will research the Handicapped Ordinance before
giving her ruling. The Secretary will inform the Respondent of the ruling by
mail.
STIPULATIONS
6. Case #2005120347 - Bee vs. Jean R. & Rosalee Darce & R02er An2ervil
This hearing was requested by Code Enforcement Investigator Ambach who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Several inoperable unlicensed vehicles parked on Property
The Respondent agreed to the Stipulation.
Finding the Notice of Hearing was properly served; the Respondent is found
GUILTY of the alleged violation(s) and is ordered to abate all litter on or
before March 24, 2006 or a fine of $25 per day will be imposed for each day the
violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $181. 06
incurred by Code Enforcement during the prosecution of this case on or before
April 16, 2006.
The Respondent is to notify the Investigator 24 hours to concur the violation
has been abated.
8. Case #2005120346 - Bee vs. Jean R. & Rosalee Darce & R02er An2ervil
This Hearing was requested by Code Enforcement Investigator Ambach who was
present.
The Respondent was also present.
Violation(s): Ordinance 99-51 amended in conjunction with 05-44 Section 6,7,
&8
Litter on entire Property
6
March 17, 2006
Respondent agreed to the Stipulation.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to remove the vehicle(s) or
tag with a valid license tag on or before April 16, 2006 or afine of $25 per day
will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$175.52
incurred by Code Enforcement during the prosecution of this case on or before
April 16, 2006.
The Respondent is to notify Investigator within 24 hours to concur the
violation "as been abated.
9. Case #2005031150 - Bee vs. Craie & Natalie Stevenson
This Hearing was requested by Code Enforcement Investigator Ambach who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Inoperable Brown Jeep to Right of Driveway, missing front end
Respondent has agreed to the Stipulation.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to make the vehicle operable
on or before May 1, 2006 or afine of $25 per day will be imposed for each day
the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $203.23
incurred by Code Enforcement during the prosecution of this case on or before
May 1, 2006.
The Respondent is to notify Investigator within 24 hours to concur the violation
"as been abated.
15,16,17,18, & 19 - Case #2006010406. #2006010407. #2006010408.
#2005100162. & #2006010346 - BCC vs. Alfredo Miralles Sr.
This Hearing was requested by Code Enforcement Investigator John Santafemia who
was present.
The Respondent was also present. The Respondent's son, Alex Miralles, translated
for him.
Violation(s): Ordinance 04-58 Section II, 12 & 19,04.41 as amended Section 2.01,
00 & 2.02.03:05-44 Section 7
Litter, Unlicensed/inoperable Vehicles, Comm. Trailer, Minimum Housing
Respondent agreed to all Stipulations in all cases.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violations and is ordered to abate all violations listed in all
cases and bring all properties into compliance on or before May 1,2006 or afine
of $1 00 per day will be imposed for each day the violation remains thereafter.
7
March 17,2006
Respondent is ordered to pay Operational Costs in the amount of $188.80 for Case
#2006010406, $188.80 for #2006010407, $188.80 for #2006010408, $188.80 for
#2006010346 and in Case #2005100162 the amount of $211.49 incurred by Code
Enforcement during the prosecution of this case on or before May 1, 2006.
The Respondent is to notify the Investigator within 14 hours to set-up an inspection
to arrange an appointment to concur the violation has been abated.
2. Case #SO 147030 - Bee vs. Bernadette Devoe
This Hearing was requested by the Respondent Bernadette Devoe who was present.
The Sheriffs Officer Caceres was not present.
Violation(s): Ordinance 130-67
Handicapped Parking
Finding the Notice of Hearing was properly served, the Citation was DISMISSED.
3. Case #SO 143011- Bee vs. Peter Saari
Case is CONTINUED
4. Case #SO 107606 - Bee vs. Georee Lusbv
This Hearing was requested by the Respondent who was not present.
Sheriffs Officer Santos was present.
Violation(s): Ordinance 130-67
Handicapped Parking
The Respondent had written testimony given into evidence. Was reviewed by Officer
Santos and Special Maser Garretson.
Office Santos testified he was notified by Waterside Security the vehicle was parked
improperly in the Handicapped parking area. A citation was given as no proper decal
was displayed. In meeting the Respondent, the Respondent was aware of the violation.
The Respondent wrote that it was a bad weather night and the area was poorly lit.
The Officer stated he had parked half on the handicapped spot and half on the access
lines. It was not rainy on the night in question.
Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY
of the alleged violation(s) and is ordered to pay a fine of $200 on or before April 16,
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 April 16, 2006.
5. Case # 2005090424 - Bee vs. Daniel Robbins
This Hearing was requested by Code Enforcement Investigator John Olney who was
present.
8
March 17, 2006
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 10.02.06
Replacement of Door, Windows and addition of Electric without Permits
Violation is at 4498 Lakewood Blvd. Had received a call of un-permitted construction at
the address. Talked with the Respondent concerning the violation. Respondent has
talked with County Departments concerning permitting trying to obtain them.
Respondent testified he has tried to obtain permits since September 21 st. He has had
some hurricane delays and some trying times with documents to be submitted. Has run
into one problem after another.
Finding the Notice of Hearing was properly served, the Respondent is found GUIL TY
of the alleged violation(s) alld is ordered to obtain tile proper permits and Certificate of
Occupancy on or before June 14, 2006 or a fine of $1 00 per day will be imposed for
eacll day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in tile am ount of $175.51 incurred by
Code Enforcement during the prosecution of this case on or before June 14,2006.
10. Case #2005100362 - Bee vs. Robert A. Strenz
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-58 Section 6
Minimum Housing Violations
Investigator Letourneau testified the last day he was on the property was Monday and
found the Respondent is in compliance.
Finding the Notice of Hearing was properly served, andfind 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 costs in the amount of $210.71 on or before April 16,
2006.
12. Case #2005120434 - Bee vs. E. J. Properties LLC
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was
present.
The Respondent was not present.
Violation(s): 04-58 Section 7
No Rental Registration
Investigator Letourneau has been unable to reach the Register Agent and all proper
notices have been posted. Mr. Santafemia found the property is being rented.
Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY
of tile alleged violation(s) and is ordered to comply on or before March 31, 2006 or
9
March 17, 2006
cease renting property on or before April 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$195.59 incurred by
Code Enforcement during the prosecution of this case on or before April 17, 2006.
Respondent is to notify Investigator 24 hours to COil cur the violation has been abated.
13. Case #2005120555 - Bee vs. JoaQuin & Maedalena Santiaeo
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was
present.
The Respondent was also present. The Respondent's daughter, Erica Santiago, was the
translator.
Violation(s): Ordinance 04-41 as amended Section 10.02.06
Non-permitted Renovation of first floor into Living Area
Address of violation - 5349 Trambo St. in Naples Manor. Case started 12/05 after
receiving complaint from neighbor on the number of people living at the address.
Researched property and found 2 permits had been obtained in 1979 and were for original
house and air-conditioning. Pictures were offered into evidence. Investigator Longworth
was on property in which the Respondent admitted there were people living there as a
rental in the apartment below.
There has been a language barrier.
The Respondent testified they did not know they couldn't rent the downstairs when they
purchased the house. The Respondent realizes he needs permits and could run into some
problems.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s} and is ordered to obtain all proper permits, inspections alld
CO for renovations, or obtab, a demolition permit on or before July 7, 2006 or a fine of
$100 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $210.05 incurred by
Code Enforcement durillg the prosecution of this case on or before May 17, 2006.
7. Case #SO 152401 - Bee vs. Edward J. Bauman
This Hearing was requested by Code Enforcement Investigator Santafemia who was
present.
Respondent was not present.
Violation(s): Ordinance 04-58 Section 6
Roof on Mobile Home in Disrepair and Leaking
Address - 314 South 4th Street, Immokalee. Spoke with tenant and property owner and
all violations have been corrected.
Finding the Notice of Hearing was properly served; and finding the violation did exist,
but was CORRECTED vrior to today's hearing, Respondent isfound guilty of the
alleged violation(s) and is ordered to pay Operatiollal Costs in the amount of $194.47
10
March 17, 2006
incurred by Code Enforcement during the prosecution of this case on or before April
16, 2006.
22. Case #2005120166 - Bee vs. Charlie & Lori Conrad Jr.
This hearing was requested by Code Enforcement Investigator Joseph Mucha who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Boat on Trailer in the Driveway of Location
Violation has been abated.
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 $227.72
incurred by Code Enforcement during the prosecution of this case on or before April
16,2006.
23. Case #2005100215 - Bee vs. Johnnie McSwain Thomas Est. c/o Lucv Rilev
This hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Carol Sykora was present.
Violation(s): Request for Reduction of Fines
A written testimony was reviewed by Special Master Garretson.
Investigator Sykora testified the violation of the rental registration was abated and
Respondent still owes Operational Costs of $179.19.
A letter had been received by Special Master Garretson, which had been sent to
Investigator Sykora and a letter to Jason Bires, asking for the Hearing, which was both
made part of the record: (both letters were reviewed by Special Master Garretson)
Respondent's Exhibit I - Letter to Investigator Sykora
Exhibit II - Letter to Jason Bires, Code Enforcement
Summary of the letter:
. Tenant living at property, in which tenant failed to notice the Notice of Violation
posted.
. Notice requirements were complied with by Collier County.
. Letter addressed different problems Respondent had personally - addresses etc.
which is not the fault of the County but the Respondent.
. In reading both letters, misunderstandings between Owner and Tenant are not the
responsibility of the County.
. There are composite Exhibits given to show Notice was properly given.
. There are allegations in the Respondents letter in which Respondent says she has
been a police officer for many years and recognized that this could be an attempt
to steal her family's property. Special Master stated she does not take these
allegations lightly and is never an attempt to take anyone's property.
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March 17, 2006
The purpose of the Special Master, with the Investigators, is to achieve compliance.
There are costs associated with achieving that compliance.
THE ORDER STANDS.
24. Case #2005120118 - Bee vs. Patrick Noble
This Hearing was requested by the Respondent who was present.
Code Enforcement David Scribner - Code Enforcement Supervisor was also present.
Violation(s): Request for Reduction of Fines.
The Respondent is requesting the fine paid be rescinded. The vehicle was removed in 7
days but had refused to sign the NOV. Respondent testified the fine was paid and he was
not guilty, but had been found guilty which made him angry and fined unjustly.
Code Enforcement Supervisor Scribner testified no fine was imposed; only Operational
Costs on December 4,2005. Investigator Fordham did issue an NOV and had been
ordered off the Respondents property and told he was trespassing. Rather then
Investigator Fordham return to the property, issue a citation or confront the Respondent,
he brought the case to the Special Master for compliance. Supervisor Scribner asked the
Operational Costs not be reduced. ($162.23) It would not have come before Special
Master if the Respondent would have been cooperated.
Special Master Garretson explained the process to the Respondent of bringing
violations to the Special Master and having Respondents coming into compliance and
the costs and fines related to the Hearings. Fines can be avoided by correcting the
violation before the Hearing, or by the date given. To avoid the Operational Costs is to
not have a Hearing before the Special Master. Special Master heard nothing to
change the order.
Further discussion followed between the Code Enforcement Supervisor, Respondent
and Special Master. Respondent asked to appeal his case and can by contacting
Minutes and Records for a recording.
4. Comments - None
5. Next Meetine Date
April 7, 2006
There being no further business for the good ofthe County, the Hearing was adjourned by
order of the Special Master at 11:14 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Secretary to the Special Master, Jason Bires
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