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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 ..,,,,,--~_.,-~-->~,,,,---,.,,,,,-,~,_...--..~,_.._,,_..,.,-,,-_..~..._-,~.._-"_..~-'"_.,-_.,.. -.,"- 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 "_..._,~,~..".,..-_...-.._"-,,_._---~,._.-,.._,,,,-_.~--_.-"'---'~"--""'""'''"^-'"'-~~''-"''>''''''---'' 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. 13 --."~.,.-..,----*_.._--~,,._..,-~.._,_._,,~-,- 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 ....._,~_""'....'"..,....,.._.~".,~.."~,.__'. '~'''H'"'',.u.._,,_,_.'.,.........,",_~~..,...._.._.,. ,_'. _~'___~"_~"""_~_ 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