Spec Master Minutes 04/07/2006
April 7, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY SPECIAL MASTER
Naples, Florida, April 7, 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: April 7, 2006 8:45 A.M.
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center
Administrative Building "F", 3rd Floor
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE
RESPONSIBLE FOR PROVIDING THIS RECORD.
1. CALL TO ORDER
2. PUBLIC HEARINGS
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
A. REQUESTS FOR EXTENSION OF TIME
1. BCC MIQUEL & DAIMA FERNANDEZ
2004040835
B. STIPULATIONS
1. BCC VS. VIRGINIA GARCIA
2. BCC VS. STEPHEN & PHILMENE OCT A VIEN
3. BCC VS. RAUL RECIO & BERTA GALINDO
C. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006020994
2006011358
2005100561
SO 143043
TRISHA BORGES
KLINKMAN
ORD. SEe. 130-66
PARKING IN COUNTY RIGHT OF WAY
SO 143044
TRISHA BORGES
KLINKMAN
ORD. SEe. 130-66
PARKING IN COUNTY RIGHT OF WAY
SO 152438
ELIZABETH J MAIN
KELLER
ORD. SEe. 130-67
HANDICAPPED PARKING - BLOCKING ACCESS
.
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 152446
VIRGINIA A MITCHELL
KELLER
ORD. SEe. 130-67
HANDICAPPED PARKING - BLOCKING ACCESS
2005120715
TIMOTHY G FLICK
MORAD
031-37 SEC. 5
PLACEMENT OF OFFENDING MATERIAL, BOULDERS/ROCKS IN ROW
2005110488
MARK TOMOSI
BOX
04-58 SEe. 7
FAILURE TO OBTAIN RENTAL REGISTRATION
2005060875
PHIDIAS POLLIS
BOX
04-41 AS AMENDED SEe. 5.03.01
CANOPY ERECTED IN FRONT YARD
2005031083
PHIDIAS PO LLIS
BOX
04-41 AS AMENDED SEe. 2.01.00
BOAT PARKED IN DRIVEWAY
2005080998
KERI MARIE HUNT
JACKSON
04-41 AS AMENDED SEe. 2.01.00
STORAGE OF BOAT ON TRAILER IN SIDE YARD
2006020553
JEAN R LAGUERRE & SIDONIE LAGUERRE
JACKSON
04-41 AS AMENDED SEe. 2.01.00, 4.05.03
UNLICENSED VEHICLE PARKED ON NON-STABILIZED SURFACE
2005120724
JOHN C & SHERRI L MORRISON
JACKSON
99-51 SEe. 6
LITTER IN CARPORT
12. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
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:
2005120731
ANDREW & HALLEY SA V AGE & JOHN BRUNER
YBACETA
04-41 AS AMENDED SEe. 2.01.00
TRAILERED BOAT IN FRONT DRIVEWA Y
2005120734
ANDREW & HALLEY SA V AGE & JOHN BRUNER
YBACETA
05-44 SEC. 5, 6, 7,8
LITTER ON PROPERTY
2006030032
LAMBERTO AGUIRRE
YBACETA
04-41 AS AMENDED SEe. 2.01.00
REPEA T OFFENSE OF UNLICENSED/INOPERABLE VEHICLES
2005120218
LUIS URBINA
YBACETA
04-41 AS AMENDED SEe. 2.01.00
MULTIPLE UNLICENSED/INOPERABLE VEHICLES
2005120196
LUIS E & MELINDA URBINA
YBACETA
04-41 AS AMENDED SEe. 2.01.00
UNLIC/INOP VEHICLES, COMM. TRUCK, RV USED AS LIVING SPACE
2006010452
NEIL & CAROLYN GIBSON
YBACETA
04-41 AS AMENDED SEe. 2.01.00
COVERED TRAILER PARKED IN FRONT DRIVEWAY
2005120340
EDGAR PENZO
MUCHA
04-58 SEC. 6
SWIMMING POOL NOT BEING PROPERL Y MAINTAINED
2006020616
THOMAS & SUSAN ZENZ
MUCHA
04-41 AS AMENDED SEe. 4.05.03
VEHICLES PARKING ON THE GRASS
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
27. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006020016
PEDRO BARAJAS
MUCHA
04-41 AS AMENDED SEe. 2.01.00
COMMERCIAL VEHICLE PARKED AT RESIDENCE
2006030630
HENRY J TESNO & JILL J WEAVER
LETOURNEAU
04-41 AS AMENDED SEe. 2.02.03; 04-51 SEC. 6
RENTING SINGLE FAMILY PROP. TO MORE THAN 1 PARTY/BLOCKING EGRESS
2006030629
HENRY J TESNO & JILL J WEAVER
LETOURNEAU
04-41 AS AMENDED SEe. 2.02.03; 04-51 SEC. 6
RENTING SINGLE FAMILY PROP. TO MORE THAN 1 PARTY/BLOCKING EGRESS
2006030598
HENRY J TESNO & JILL J WEAVER
LETOURNEAU
04-41 AS AMENDED SEC. 2.02.03; 04-51 SEe. 6
RENTING SINGLE FAMILY PROP. TO MORE THAN 1 PARTY/BLOCKING EGRESS
2006030615
JILL J WEAVER
LETOURNEAU
04-41 AS AMENDED SEe. 2.02.03; 04-51 SEe. 6
RENTING SINGLE FAMILY PROP. TO MORE THAN 1 PARTY/BLOCKING EGRESS
2005100559
ELDA I PEREZ
SYKORA
04-41 AS AMENDED SEe. 2.01.00
COMMERCIAL VEHICLES PARKED/STORED ON PROPERTY
2005110770
ESTIVERNE MEVEILLEUSE
SYKORA
04-41 AS AMENDED SEC. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2006010798
W J & B R WILLIAMS
SYKORA
04-41 AS AMENDED SEC. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
28. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
29. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. COMMENTS
4. NEXT MEETING DATE
April 21, 2006
5. ADJOURN
2005110485
JANNIE M SMITH
SYKORA
04-41 AS AMENDED SEe. 1.04.01
TWO VEHICLES PARKED/STORED ON UNIMPROVED PROPERTY
2005040598
DANIEL J & DESIREE E HOPE
SYKORA
REQUEST FOR REDUCTION OF FINES
April 7, 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. The
meeting was then recessed for this purpose.
BREAK - 8:57 AM
RECONVENED - 9:15 AM
2. PUBLIC HEARINGS
A. REQUESTS FOR EXTENSION OF TIME
1. Case #2004040835 - BCC vs. Mie:uel & Daima Fernandez
This Hearing was requested by the Respondents. Miguel Fernandez was present,
Daima Fernandez was not present.
Code Enforcement Investigator Sean Luedtke was present.
Violation(s): Ordinance 91-102 Sections 2.7.6,104.1.1,105.5,106.1.2,106.3.1
Work without permits
This case which originated in June, 2004, concerns a garage that was illegally
converted into living space. The Respondent indicated that the violation existed
when he purchased the house from the prior owner. He stated that the fine
assessed has been paid and the space has been converted back to a garage, taking
care of the violation. Now he is converting the garage back to living space and has
been unable to find a contractor to do his work as contractors are all busy with
hurricane repair work.
Investigator Leudtke opposed the request due to the extensive amount of time that
has elapsed.
The Request for Extension of Time is continued for two weeks until the next
Special Master Meeting on April 21, 2006. Respondent is ordered to present a
written progress report with actions taken to resolve this problem, including the
dates of these actions. Alternatively, Respondent can meet with the Investigator
prior to April 21, 2006 and present the progress report to him.
B. STIPULATIONS
1. Case #2006020994 - BCC vs. Vire:inia Garcia
This Hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
The Respondent was also present.
Violation(s): Ordinance 2004-41 Section 2.01.00
Unlicensed vehicle parked at the residence
A Stipulation was agreed upon by the Respondent.
2
April 7, 2006
Finding the Notice of Hearing was properly served; Respondent is found
GUILTY of the alleged violation and ordered to pay Operational Costs in the
amount of $157.14 incurred by Code Enforcement during the prosecution of this
case on or before May 8, 2005.
2. Case #2006011358 - BCC vs. Stephen & Philmene Octavien
This Hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
The Respondents were also present. The Respondents' daughter, Joselande Noel,
was also present to serve as their interpreter.
Violation(s): Ordinance 2004-41 Section 2.01.00
Unlicensed vehicle parked at the residence
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served and finding the violation did
exist, but was CORRECTED prior to today's Hearing, Respondent isfound
GUILTY of the alleged violation(s) and ordered to pay Operational Costs in the
amount of$176.68 incurred by Code Enforcement during the prosecution of this
case on or before May 8, 2005.
3. Case #2005100561 - BCC vs. Raul Recio & Berta Galindo
This Hearing was requested by Code Enforcement Investigator Ed Morad who was
present.
Respondent Berta Galindo was also present, Raul Recio was not present.
Violation( s):
Illegal alteration of a permitted garage converted into two dwelling units in a
single family zone district.
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, Respondent is found
GUILTY of the alleged violation(s) and is ordered to remove the tenant by April
10, 2006, and obtain appropriate building permits, inspections and certificates of
occupancy by July 7, 2006. lfthose permits can not be obtained, Respondent is
ordered to remove the alterations by August 6, 2006, or a fine of $1 00. 00 a day
will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $321.27
incurred by Code Enforcement during the prosecution of this case on or before
May 8, 2005.
Respondent is to notify the Investigator within 24 hours of a work day to concur
the violation has been abated.
1. Case #SO 143043 - BCC vs. Trisha Bore:es
This Hearing was requested by the Respondent who was present.
Sheriffs Officer Fred Klinkman was also present.
Violation(s): Ordinance 130-66
Parking in County Right of Way
3
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April 7, 2006
The Investigator indicated the violation has been abated and recommended that
charges be dropped.
Finding the Notice of Hearing was properly served, the Citation was
DISMISSED.
2. Case #SO 143044 - BCC vs. Trisha Bore:es
This Hearing was requested by the Respondent who was present.
Sheriffs Officer Lawrence Keller was also present.
Violation(s): Ordinance 130-66
Parking in County Right of Way
The Investigator indicated the violation has been abated and recommended charges
be dropped.
Finding the Notice of Hearing was properly served, the Citation was
DISMISSED.
3. Case #SO 152438 - BCC vs. Elizabeth J. Main
This hearing was requested by the Respondent who was present.
Sheriffs Officer Lawrence Keller was also present.
Violation(s): Ordinance 130-67
Handicapped parking - blocking access
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served; Respondent is found
GUILTY of the alleged violation and ordered to pay ajine of $250. 00 on or
before June 6, 2005.
11. Case #2005120724 - BCC vs. John C. & Sherri L. Morrison
This Hearing was requested by Code Enforcement Investigator Ian Jackson who
was present.
The Respondents were also present.
Violation(s): Ordinance 99-51 Section 6
Litter in carport
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served and jinding the violation did
exist, but was CORRECTED prior to today's Hearing, the Respondent is found
GUILTY of the alleged violation and 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 May 8, 2006.
18. Case #2005120340 - BCC vs. Ede:ar Penzo
This Hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
4
April 7, 2006
The Respondent was also present.
Violation(s): Ordinance 04-58 Section 6
Swimming pool not being properly maintained
The Respondent's screen enclosure fell into his pool and his filter stopped
working.
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 and is ordered to abate the violation by properly
maintaining the swimming pool so as not to create a safety hazard or harbor
insect infestation, and keeping the pool free from unsightly appearance
including but not limited to free of mold, litter and debris by April 17, 2006, or a
fine of $1 00.00 per day will be imposed for each day the violation remains
thereafter.
Respondent is ordered to pay Operational Costs in the amount of $201.08
incurred by Code Enforcement during the prosecution of this case on or before
May 8, 2006.
The Respondent is to notify the Investigator within 24 hours of a work day to
concur the violation has been abated.
19. Case #2006020616 - BCC vs. Thomas & Susan Zenz
This Hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
Respondent Thomas Zenz was present, Susan Zenz was not present.
Violation(s): Ordinance 04-41 as amended Section 4.05.03
Vehicles parking on the grass
Investigator Mucha indicated this is the fourth parking case at this property since
2002. He reported that an agreement has been reached with the Respondent to
abate the violation and to pay a fine and court costs.
Respondent testified that the violation has been abated. The property is a rental
house and the renter's friends created the violation.
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 April 10, 2006, or afine of $50. 00
per day will be imposed for each day the violation remains thereafter.
Respondent is also ordered to pay afine of$50.00 and Operational Costs in the
amount of$157.14 incurred by Code Enforcement during the prosecution of this
case on or before May 8,2006.
20. Case #2006020016 - BCC vs. Pedro Baraias
This hearing was requested by Code Enforcement Investigator Joseph Mucha who
was present.
The Respondent was present earlier and agreed to the Stipulation but left before
the Hearing was heard.
5
April 7, 2006
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Commercial vehicle parked at residence
Investigator Mucha testified that Respondent signed a stipulation agreeing that he
was in violation. This is a repeat violation and the Respondent paid $100.00 for a
prior citation.
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 a
method specified in the Code by April 12, 2006 or afine of $1 00. 00 per day will
be imposed for each day the violation remains thereafter.
Respondent is also ordered to pay afine in the amount of $250. 00 and
Operational Costs in the amount of $170.11 incurred by Code Enforcement
during the prosecution of this case on or before May 83,2006.
The Respondent is to notifY the Investigator within 24 hours of a work day to
concur the violation has been abated.
C. HEARINGS
17. Case #2006010452 - BCC vs. Neil & Carolyn Gibson
This hearing was requested by Code Enforcement Investigator Everildo Ybaceta
who was present.
Respondent Neil Gibson was present, Carolyn Gibson was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Covered trailer parked in front driveway
Investigator Ybaceta testified that he noticed a violation at 3888 Captain's Cove
consisting of a trailer and RV parked on the driveway and a vehicle parked on the
grass on January 19,2006. He indicated that the Respondent refused to sign the
notice of violation at that time. The Respondent subsequently removed the RV and
the vehicle parked on the grass, but the trailer remains in violation. Investigator
Ybaceta introduced pictures of the trailer (County's Exhibit 1 composite).
The Respondents were represented by attorney Michael Tice. Mr. Tice presented
his own picture of the trailer and argued that it is too short and not long enough to
be controlled by the Ordinance. He presented a brochure to support his claim of
size requirements, but did not present a copy of the ordinance. Mr. Tice also
discussed a 2004 case against the Respondent on this issue, but the Special Master
did not consider that case because each case is fact specific and the present case is
not controlled by the 2004 case. The Respondent testified that he has been trying
to have a pad built in the back yard since 2003 so that the trailer can be placed
there, but has experienced problems with contractors.
The Special Master noted that the Ordinance has two categories of trailers,
recreational and commercial. No trailers are allowed on the driveway on the side
of the home, they have to be in the back of the home. A commercial trailer has to
be in an enclosed structure and a recreational trailer also has to be in the back yard.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation and is ordered to abate all violations by
6
April 7, 2006
removing the trailer to another location by April 14, 2006 or ajine of $50. 00 per
day will be imposed for each day the violation remains thereafter.
Respondent is also ordered to pay a jine in the amount of $150.00 and
Operational Costs in the amount of $165.06 incurred by Code Enforcement
during the prosecution of this case on or before May 8,2006.
BREAK - 10:29 AM
RECONVENED - 10:44 AM
4. Case #SO 152446 - BCC vs. Vire:inia A. Mitchell
This hearing was requested by the Respondent who was present with her husband,
Steven Mitchell.
Sheriffs Officer Lawrence Keller was present.
Violation(s): Ordinance 130-67
Handicapped parking - blocking access
The Respondent testified that she parked her motor scooter next to a handicapped
parking space, and did not believe that she was parked illegally. She presented a
photograph identifying where her scooter was parked.
Investigator Keller testified that the violation occurred on February 27, 2006 at
Publix in the Pavilion parking lot, and he presented a photograph. The scooter was
parked illegally in an access lane next to a handicapped parking spot, not allowing
space for a van to lower down a ramp if needed by a handicapped individual.
Finding the Notice of Hearing was properly served; the Respondent is found
GUILTY of the alleged violation and ordered to pay ajine in the amount of
$250.00 on or before May 8,2006.
24. Case #2006030615 - BCC vs. Jill J. Weaver
This hearing was requested by Code Enforcement Investigator Jeff Letourneau
who was present.
The Respondent was also present and was represented by attorney David
Shenkman.
Violation(s): Ordinance 04-41 as amended Section 2.02.03; 04-51, Section 6
Renting single family property to more than 1 party/blocking egress.
Investigator Letourneau testified the County would like to dismiss this case.
Finding the Notice of Hearing was properly served, the Citation was
DISMISSED.
21. Case # 2006030630 - BCC vs. Henrv J. Tesno & Jill J. Weaver
This hearing was requested by Code Enforcement Investigator Jeff Letourneau
who was present.
The Respondents were also present and were represented by attorney David
Shenkman.
7
April 7, 2006
Violation(s): Ordinance 04-01 as amended Sec. 2.02.03; 04-51 Section 6
Renting single family property to more than 1 partylblocking egress
A stipulation was agreed upon by the Respondents who deny that they are
responsible for creating the Violation(s).
Finding the Notice of Hearing was properly served, the Respondents are found
GUILTY of the alleged Violation(s) and are ordered to abate all violations by
designating a primary tenant and by acting in conformity with Collier County
zoning ordinances and property maintenance ordinances as per use as a single
family residence which allows for no more than four unrelated persons, or a fine
of $250.00 per day will be imposed for each day the Violation(s) continue. The
Respondents are ordered to pay Operational Costs in the amount of$75.00, and
abate all Violations by the removal of locks or restraints on interior doors that
preclude ingress or egress no later than April 11, 2006 at 5:00 PM.
22. Case #2006030629 - BCC vs. Henrv J. Tesno & Jill J. Weaver
This hearing was requested by Code Enforcement Investigator Jeff Letourneau
who was present.
The Respondents were also present and were represented by attorney David
Shenkman.
Violation(s): Ordinance 04-41 as amended Section 2.02.03; 04-51, Section 6
Renting single family property to more than 1 party / blocking egress.
A stipulation was agreed upon by the Respondents who deny that they are
responsible for creating the Violation(s).
Finding the Notice of Hearing was properly served, the Respondents are found
GUILTY of the alleged Violation(s) and are ordered to abate all violations by
designating a primary tenant and by acting in conformity with Collier County
zoning ordinances and property maintenance ordinances as per use as a single
family residence which allows for no more than four unrelated persons, or a fine
of $250.00 per day will be imposed for each day the Violation(s) continue. The
Respondents are ordered to pay Operational Costs in the amount of$75.00, and
abate all Violations by the removal of locks or restraints on interior doors that
preclude ingress or egress no later than April 11, 2006 at 5:00 PM.
23. Case #2006030598 - BCC vs. Henrv J. Tesno & Jill J. Weaver
This hearing was requested by Code Enforcement Investigator Jeff Letourneau
who was present.
The Respondents were also present and were represented by attorney David
Shenkman.
Violation(s): Ordinance 04-41 as amended Section 2.02.03; 04-51, Section 6
Renting single family property to more than 1 party / blocking egress.
A stipulation was agreed upon by the Respondents who deny that they are
responsible for creating the Violation(s).
Finding the Notice of Hearing was properly served, the Respondents are found
GUILTY of the alleged Violation(s) and are ordered to abate all violations by
designating a primary tenant and by acting in conformity with Collier County
8
April 7, 2006
zoning ordinances and property maintenance ordinances as per use as a single
family residence which allows for no more than four unrelated persons, or a fine
of $250. 00 per day will be imposedfor each day the Violation(s) continue. The
Respondents are ordered to pay Operational Costs in the amount of$75.00, and
abate all Violations by the removal of locks or restraints on interior doors that
preclude ingress or egress no later than April 11, 2006 at 5:00 PM.
5. Case #2005120715 - BCC vs. Timothv G. Flick
This hearing was requested by Code Enforcement Investigator Ed Morad who was
present.
The Respondent was not present.
Violation(s): Ordinance 031-37 Section 5
Placement of offending material, boulders/rocks in row
Investigator Morad testified that on September 9, 2005 he observed boulders
placed in Collier County's right of way at 2711 54th St. SW, Golden Gate City. He
introduced an evidence packet (County Exhibit A). The Investigator subsequently
met the Respondent and informed him of the violation and the corrective action
required, and gave reasonable time to abate the violation.
The Investigator testified that the Respondent informed him that he placed the
boulders in the right of way to prevent people from driving on his property.
Investigator Morad testified that the boulders could be harmful to anyone who
might run into them, including emergency vehicles.
Investigator Morad called Mark Bircham, Collier County Transportation and Right
of Way Department, who testified that boulders are in Collier County's Right of
Way and are offending material that could be replaced with landscaping. The
Investigator noted that the landscaping should prevent drivers from driving on the
Respondent's property.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation and is ordered to abate all violations by
removing the boulders/rocks from the Collier County Right of Way on or before
April 14, 2006. lfthe Respondent does not remove the boulders/rocks, the
County may remove them at the Respondent's expense and may also charge
administrative costs.
Respondent is also ordered to pay a fine in the amount of $2 00.00 and
Operational Costs in the amount of $321.27 incurred by Code Enforcement
during the prosecution of this case on or before May 8,2006.
The Respondent is to notifY Investigator within 24 hours to concur the violation
has been abated.
7. Case #2005060875 - BCC vs. Phidias Pollis
This hearing was requested by Code Enforcement Investigator Box who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 5.03.01
Canopy erected in front yard
9
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April 7, 2006
Investigator Box testified this case was initially heard on October 7, 2005, when
the Investigator contended that a canopy erected by the Respondent in his front
yard was made with improper materials and did not meet set-back requirements.
The Special Master withheld judgment at that time pending clarification from the
Building Department as to what Code requires relative to the canopy.
Mr. Pollis testified that he erected the canopy in response to a violation the he had
received for his boat being in the driveway. With the addition of the canopy to his
carport, and with the boat placed under the canopy, he contended that the boat is
now in his carport, not in the driveway.
Investigator Box testified that he had informed the Respondent that he needed a
permit for any alteration to the carport. The Respondent contended that he
received a decision from Collier County Permitting that he did not need a permit
for the canopy that he erected. He offered to upgrade the canopy to make it more
attractive.
Rochelle Arnold, Collier County Building Dept, testified that an alteration to the
carport needs a permit, and indicated that in this case, set back requirements may
not be able to be met. She indicated that the decision that the Respondent had
received indicating that a permit was not needed was in error.
The Special Master directed Ms. Arnold to determine if a permit is needed,
agreeing that the memo that the Respondent received telling him that he does not
need a permit is wrong. The Respondent was ordered to meet with Ms. Arnold to
determine what is required relative to the canopy. If they are unable to come to an
agreement, this case is to be brought back to the Special Master.
The case was withdrawn at this time.
8. Case #2005031083 - BCC vs. Phidias Pollis
This hearing was requested by Code Enforcement Investigator Box who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Boat parked in driveway
This case is associated with prior case #2005060875, and the findings are the same
for both cases.
The case was withdrawn at this time.
10. Case #2006020553 - BCC vs. Jean R. Lae:uerre & Sidonie Lae:uerre
This hearing was requested by Code Enforcement Investigator Ian Jackson who
was present.
Respondent Jean R. Laguerre was present, Sidonie Laguerre was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00,4.05.03
Unlicensed vehicle parked on non-stabilized surface
10
April 7, 2006
Investigator Jackson testified that the violation occurred at 3352 Poinsettia Ave. on
February 15,2006. As of March 10,2006 the violation had been abated.
The Respondent testified that he was not given a specific time to move the car, and
that he had difficulty moving it because it would not start.
Finding the Notice of Hearing was properly served, and finding the violation did
exist, but was CORRECTED prior to today's hearing, Respondents are found
GUILTY of the alleged violation and are ordered to pay Operational Costs in the
amount of $58. 69 incurred by Code Enforcement during the prosecution of this
case on or before May 8, 2006.
12. Case #2005120713 - BCC vs. Andrew & Hallev Savae:e & John Brunner
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta
who was present.
Respondent Andrew Savage was present; his father, Andrew Savage, was not
present, and John Brunner no longer has an ownership interest in the property.
Violation(s): Ordinance 04-41 as amended Section 4.05.03
Trailered boat in front driveway
Investigator Ybaceta testified that the case was started as a complaint from an
anonymous source in December, 2005, and he introduced a picture.
The Respondent testified that he has been unable to find a place to store the boat
which he has owned since October, 2005. He indicated that he is on waiting lists
at ten storage facilities.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation and is ordered to store the boat or remove it by
May 8, 2006 or a fine of $50. 00 per day will be imposed for each day the
violation remains thereafter.
The Respondent is also ordered to pay Operational Costs in the amount of
$170.73 incurred by Code Enforcement during the prosecution of this case. He
is to work out a payment plan with the Special Master's Secretary.
13. Case #2005120734 - BCC vs. Andrew & Hallev Savae:e & John Brunner
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta
who was present.
Respondent Andrew Savage was present; his father, Andrew Savage, was not
present, and John Brunner no longer has an ownership interest in the property.
Violation(s): Ordinance 05-44 as amended Section 5,6,7,8
Litter on property
Investigator Ybaceta testified that this violation has almost been abated. Two tree
stumps remain to be removed.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation and is ordered to remove the litter by April 12,
11
April 7, 2006
2006 or afine of $50. 00 per day will be imposedfor each day the violation
remains thereafter.
Respondent is also ordered to pay Operational Costs in the amount of $170.73
incurred by Code Enforcement during the prosecution of this case. He is to work
out a payment plan with the Special Master's Secretary.
Respondent is to notify Illvestigator within 24 hours to concur the violation has
been abated.
15. Case #2005120218 - BCC vs. Luis Urbina
This hearing was requested by Code Enforcement Officer Everildo Ybaceta who
was present.
The Respondent was also present.
Violation(s): 04-41 as amended Section 2.01.00
Multiple unlicensed/inoperable vehicles
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 remove the
unlicensed/inoperable vehicles by May 8, 2006 or afine of $1 00. 00 per day will
be imposed for each day the violation remains thereafter.
The Respondent is also ordered to pay Operational Costs in the amount of
$203.86 incurred by Code Enforcement during the prosecution of this case on or
before July 6, 2006.
16. Case #2005120196 - BCC vs. Luis E. & Melinda Urbina
This hearing was requested by Code Enforcement Officer Everildo Ybaceta who
was present.
The Respondents were also present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Unlicensed/inoperable vehicles, commercial truck, RV used as living space
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 remove the
unlicensed/inoperable vehicles by May 8,2006 or afine of $100. 00 per day will
be imposed for each day the violation remains thereafter.
The Respondent is also ordered to pay Operational Costs in the amount of
$190.92 incurred by Code Enforcement during the prosecution of this case on or
before July 6, 2006.
25. Case #2005100559 - BCC vs. Elda I. Perez
This hearing was requested by Code Enforcement Officer Carol Sykora who was
present.
The Respondent was also present.
Violation(s): Ordinance 04-41 Section 2.01.00
Commercial vehicles parked/stored on property
12
April 7, 2006
Investigator Sykora testified that the violation occurred at 592 Hope Circle in
Immokalee. The Investigator initially noticed a box truck parked on the side of the
residence on October 3, 2005 and she posted a red tag. On October 31, 2005 the
violation remained, and the Investigator sent a notice of violation to the
Respondent. On December 13,2005 the Investigator had not received back the
receipt for her certified mailing of October 31, 2005, so she posted a notice of
violation; also, at that time, a dump truck was on the other side of the property. On
January 23, 2006 the Investigator received a call from the Respondent indicating
that she intended to remove the commercial vehicles. However, as of AprilS,
2006 the violation remains. Two pictures were entered into the record.
The Respondent testified that her father lives at the residence and he owns both
trucks. The dump truck was removed in February, 2006. The box truck was not
operational and was given away on April 6, 2006. He does go home with a newer
dump truck during the day on occasion, but does not leave it there more than two
or three hours at a time.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and, subject to the Investigator's
confirmation, the violation has been abated. If the Investigator can not confirm
compliance by April 12, 2006, a fine of $1 00.00 per day will be imposed for each
day the violation remains thereafter.
The Respondent is also ordered to pay Operational Costs in the amount of
$196.41 incurred by Code Enforcement during the prosecution of this case on or
before May 8, 2006.
27. Case #2006010798 - BCC vs. W.J. & B.R. Williams
This hearing was requested by Code Enforcement Investigator Carol Sykora who
was present.
Respondent B.R. Williams was present; his brother W.J. Williams was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Unlicensed/inoperable vehicles on property
Investigator Sykora testified that the violation occurred at 31 0 West Delaware
Ave., in Immokalee. Respondent informed the Investigator he was having trouble
removing the vehicle because the VIN number is missing. The Investigator
advised the Respondent his tenants had two additional unlicensed vehicles on the
property. As of AprilS, 2006 the violations remain. The Investigator entered
pictures for the record.
The Respondent testified that he can not get anyone to remove the vehicle because
of the missing VIN number.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to abate all violations by
removing the unlicensed/inoperable vehicles or making them operable with tags
or putting them in a structure on or before April 17, 2006, or a fine of $1 00.00
per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $179.19
incurred by Code Enforcement during the prosecution of this case on or before
May 8, 2006.
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April 7, 2006
29. Case #2005040598 - BCC vs. Daniel J. & Desiree E. Hope
This hearing was requested by Code Enforcement Investigator Carol Sykora who
was present.
Respondent Desiree E. Hope was present; Daniel J. Hope was not present.
Violation(s):
Request for reduction of fines
Investigator Sykora testified that the case concerned a pool that did not have a
screen enclosure. The case began in April, 2005, and the Investigator attested that
the Respondents had a lot of problems getting contractors to complete the job. The
Operational Costs imposed by the Special Master were paid on July 11,2005, and
the Investigator recommended that all fines be waived.
The fines previously assessed were waived.
9. Case #2005080998 - BCC vs. Ked Marie Hunt
This hearing was requested by Code Enforcement Investigator Ian Jackson who
was present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Storage of boat on trailer in side yard
Investigator Jackson testified on August, 2005 he observed a boat stored in the
driveway. On September 8, 2005 he noticed the boat was being stored in the side
yard. Investigator Jackson introduced a photo taken on March 30, 2006 that
showed that the violation remains.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation and is ordered to abate all violations by
removing the boat and trailer to the rear yard or to an enclosed structure on or
before April 12, 2006, or afine of $50. 00 per day will be imposedfor each day
the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $251.90
incurred by Code Enforcement during the prosecution of this case on or before
May 8, 2006.
6. Case #2005110488 - BCC vs. Mark Tomosi
This hearing was requested by Code Enforcement Investigator Box who was
present.
The Respondent was not present.
Violation(s): Ordinance 04-58 Section 6
Failure to obtain rental registration
Investigator Box testified that the violation occurred at 1331 Ingraham Street on
November 7, 2005. On March 3,2006 the Respondent obtained rental registration
on the property.
14
April 7, 2006
Finding the Notice of Hearing was properly served and finding the violation did
exist, but was CORRECTED prior to today's Hearing, the Respondent is found
GUILTY of the alleged violation which has been abated.
Respondent is ordered to pay Operational Costs in the amount of $241.70
incurred by Code Enforcement during the prosecution of this case on or before
May 8,2006.
14. Case #2006030032 - BCC vs. Lamberto Ae:uirre
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
Repeat offense of unlicensed/inoperable vehicles
Investigator Ybaceta testified that the case started as a patrol at 3001 Karen Drive
where the vehicle is up on jacks in the front of the property. The Respondent had a
prior case (#2005050786) for the same violation before the Special Master for
which he was found guilty.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to abate the violations by
removing the vehicles by April 12, 2006 or a fine of $1 00.00 per day will be
imposed.
Respondent is ordered to pay afine in the amount of $500. 00 and Operational
Costs in the amount of $145.56 incurred by Code Enforcement during the
prosecution of this case on or before May 8,2006.
26. Case #2005110770 - BCC vs. Estiverne Meveilleuse
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
Unlicensed/inoperable vehicles parked on property
Investigator Sykora testified that the case occurred at 631 Hope Circle, Immokalee.
On December 13,2005 the vehicle remained with four additional unlicensed
vehicles on the property. On rechecks the violation always remained, although the
vehicles parked in violation were sometimes removed and replaced with other
unlicensed/inoperable vehicles. As of AprilS, 2005 one unlicensedlinoperable
vehicles remains and a photo was entered for the record.
Finding the Notice of Hearing was properly served, the Respondent is found
GUILTY of the alleged violation(s) and is ordered to abate the violations by
obtaining and affIXing to each vehicle a current and valid plate and repairing
vehicles so that they are immediately operable, or storing them in an enclosed
structure or removing them from property by April 12, 2006 or a fine of $1 00. 00
per day per vehicle will be imposed.
May 8, 2006.
15
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April 7, 2006
The Respondent is to notifY Investigator within 24 hours to concur the violation
has been abated.
28. Case #2005110485 - BCC vs. Jannie M. Smith
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 1.04.01
Two vehicles parked/stored on unimproved property
The case started in November 16,2005. On December 16,2005 a notice of
violation was sent to the owner in NY, but subsequently had to be resent as it was
sent to the wrong address. The Investigator prepared the case for the Special
Master on March 1, 2006, and the violation has since been abated.
Investigator Sykora testified that the brother-in-law ofthe Respondent called her.
The owner could not attend the hearing because she is in New York, in her 80s and
very ill.
Finding the Notice of Hearing was properly served andfinding the violation did
exist, but was CORRECTED prior to today's Hearing, the Respondent isfound
GUILTY of the alleged violation(s) which have been abated. Based on the
circumstances, Operational Costs were waived.
3. Comments - None
4. Next Meetine: Date
April 21, 2006
*****
There being no further business for the good of the County, the Hearing was adjourned by
order ofthe Special Master at 12:39 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Secretary to the Special Master, Jason Bires
16