Spec Master Minutes 04/21/2006
April 21, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, April 21, 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
Dennis Mitchell, Supr. Code Enforcement
Shirley Garcia, Ops Coordinator, Code
Enforcement
Steven Griffin, Assistant County Attorney
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: April 21, 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. MOTIONS
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
A. CONTINUANCE REQUESTS
1. BCC VS. MIQUEL & DAIMA FERNANDEZ (continued from April 7 hearing)
3. PUBLIC HEARINGS
2004040835
A. STIPULA TONS
1. BCC VS. RONALD & ELLEN ZAHRA Y
2. BCC VS. JOSE & SARA PEREZ
B. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2006030415
2006030039
SO 147345
ROBERT N PERI
LEWIS
ORD. SEe. 130-67
PARKING IN HANDICAPPED SPACE
SO 143000
TRISHA BORGES
LOTHROP
ORD. SEC. 130-66
PARKING IN COUNTY RIGHT OF WAY
SO 111594
CARMEN D CRUZAN
ALLEN
ORD. SEe. 130-67
PARKING IN HANDICAPPED SPACE
4. CASE NO: SO 139307
OWNER: ERIN W HOOD
OFFICER: PSCHIGODA
VIOLATIONS: ORD. SEe. 130-67
PARKING IN HANDICAPPED SPACE
5. CASE NO: SO 143011
OWNER: PETER SAARI
OFFICER: KLINKMAN
VIOLATIONS: ORD. SEe. 130-67
PARKING IN HANDICAPPED SPACE
6. CASE NO: CO 4257
OWNER: CHRISTOPHER L CONN & PATRICIA A DALY
OFFICER: GRIMSHAW
VIOLATIONS: 04-41 AS AMENDED SEe. 2.01.00
MOTOR HOME IN DRIVEWAY
7. CASE NO: CO 4229
OWNER: RONALD ZBIKOWSKI
OFFICER: AMBACH
VIOLATIONS: 05-44 SEe. 6, 7, 8
LITTER ON ENTIRE PROPERTY
8. CASE NO: CO 4277
OWNER: ERNEST V ALDASTRI
OFFICER: SCHW ARTZ
VIOLATIONS: 04-41 AS AMENDED SEe. 2.01.00
BOA T PARKED ON GRASS
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2005091021
SOUTHERN MANAGEMENT CORP - GEORGE MICHAEL
O'FARRELL
04-41 AS AMENDED SEe. 4.06.05
LIVE OAKS SEVERELY PRUNED AND LIFTED
2005091059
ELIZABETH D LAKE
LETOURNEAU
91-102 SEe. 2.7.6.1, 2.7.6.5
NON-LIVING SPACE CONVERTED TO LIVING SPACE W/O PERMITS
2006020318
LAWRENCE & ROBIN BARSANO
JACKSON
04-41 AS AMENDED SEe. 2.01.00
STORAGE OF UNLICENSED COMMERCIAL TRAILER ON SIDE YARD
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:
VIOLA TIONS:
2006010694
XHEMALI & FLUTURAKE AHMA TI
BOX
04-58 SEC. 7
F AlLURE TO RENEW RENT AL REGISTRATION
2006030264
BYRON & DIANA SIMPSON
MUCHA
04-41 AS AMENDED SEC. 2.01.00
RECREATIONAL VEHICLE/EQUIPMENT ON PROPERTY
2006030409
ARTHUR MOORE
MUCHA
05-44 SEe. 7
ACCUMULATED LITTER ON PROPERTY
2006020826
PEGGY ARCHIBALD
MUCHA
04-41 AS AMENDED SEe. 4.05.03
VEHICLES PARKING IN THE GRASS
2006030692
DANIEL & MARIA TORRES & FERNANDO NAVARRO
MUCHA
04-41 AS AMENDED SEC. 2.01.00
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2006030658
FRANCISCO & ELIZABETH LOVOS
MUCHA
04-41 AS AMENDED SEe. 2.01.00
UNLICENSED/INOPERABLE VEHICLES
2006010411
BERNARDO BARHART
SANT AFEMIA
04-58 SEe. 6
TENANTS IN DWELLING EXCEED THE ALLOWABLE NUMBER
2006010465
ENRIQUE J PALACIOS & ALMA JIMENEZ
SANT AFEMIA
04-58 SEe. 7
FAILURE TO OBTAIN RENTAL REGISTRATION
4. MOTIONS
A. IMPOSITION OF FINES
B. REDUCTION OF FINES REQUESTS
1. BCC VS ELAM OROZCO
2004090190
5. OLD BUSINESS
6. COMMENTS
7. NEXT MEETING DATE
May 5, 2006
8. ADJOURN
April 21, 2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:57 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 - 9:04 AM
RECONVENED - 9:23 AM
2. MOTIONS
A. CONTINUANCE REQUESTS
1. Case #2004040835 - BCC vs. MiQuel & Daima Fernandez (continued from April 7
hearing)
Neither the Respondents nor Investigator Luedtke were present.
The Respondent was to give the Special Master a written progress report on the action taken
to resolve his problem along with dates. He could also meet with the Investigator to report
his progress to him.
This case will be reviewed later while more information can be obtained.
10. Case #2005091059 - BCC vs. Elizabeth D. Lake
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was
present.
The Respondent was present earlier with her attorney and agreed to the Continuance.
Violation(s): Ordinance 91.102, Section 2.7.6.1,2.7.6.5
Non-living Space Converted to Living Space without Permits
CASE WAS CONTINUED UNTIL THE MAY 19th, 2006 HEARING
7. Case # CO 4229 - BCC vs. Ronald Zbikowski
This hearing was requested by Investigator Ambach who was present.
The Respondent was not present as he was involved in a car accident.
Violation(s): Ordinance 05-44, Section 6, 7, 8
Litter on entire property
CASE WAS CONTINUED UNTIL THE MA Y 19th, 2006 HEARING
3. PUBLIC HEARINGS
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April 21, 2006
A. STIPULATIONS
11. Case #2006020318 - BCC vs. Lawrence & Robin Barsano
This Hearing was requested by Code Enforcement Ian Jackson who was present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Storage of Unlicensed Commercial Trailer on Side
A Stipulation has been 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(....) 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
21, 2006.
13. Case # 2006030264 - BCC vs. Bvron & Diana Simpson
This Hearing was requested by Code Enforcement Officer Joseph Mucha was present.
The Respondent was present earlier and agreed to the Stipulation but left before the
Hearing was heard.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Recreational Vehicle /Equipment on Property
The violation has been abated and 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 is ordered to pay Operational Costs in the amount of $164.40
incurred by Code Enforcement during the prosecution of this case on or before May
21, 2006.
15. Case #2006020826 - BCC vs. Pe22V Archibald
This Hearing was requested by Code Enforcement Officer Joseph Mucha was present.
The Respondent was present representing his wife, and agreed to the Stipulation but left
before the Hearing was heard.
Violation(s): 04-41 as amended, Sections 4.05.03A
Vehicles Parking in Grass
The violation has been abated and 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 is ordered to pay Operational Costs in the amount of $170.11
incurred by Code Enforcement during the prosecution of this case and was paid in full
at the Hearing. Case is closed.
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April 21, 2006
16. Case #2006030692 - BCC vs. Daniel & Maria Torres & Fernando Navarro
This Hearing was requested by Code Enforcement Investigator Joe Mucha was present.
The Respondent (Mr. Torres) was present earlier and agreed to the stipulation but left
before the Hearing was heard.
Violation(s): Ordinance 04-41 as amended Section 2.01.00
Unlicensed/Inoperable Vehicles on Property
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served the Respondent is found GUILTY
of the Alleged Violation(s) and is ordered to affzx the proper license plate to the vehicle,
making it operable, storing or removing the vehicle on or before April 26, 2006 or a
fine of $1 00 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs ill the amount of $162.85 incurred by
Code Enforcement during the prosecution of this case on/or before May 21, 2006.
The Respondent is to notifY Illvestigator within 24 hours to concur the violation has
been abated.
HEARINGS
6. CO #4257 - BCC vs. Christopher L. Conn & Patricia A. Dalv
This Hearing was requested by Code Enforcement Investigator Heather Grimshaw who
was present.
The Respondent was not present.
Violation(s): Ordinance 04-41 as amended, Section 2.01.00
Motor Home in Driveway
Investigator Grimshaw received a telephone call from the Respondent the morning of the
hearing notifying the Investigator she had personal reasons for not appearing.
A written document had been received and was referred to by the Special Master.
The Investigator noted a Notice of Violation had been mailed to the Respondent.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY
of the alleged violation(s) and is ordered to pay the civil penalty of $1 00 and an
additional cost of the Citation of$5.00.
Respondent is ordered to pay Operational Costs in the amount of $50. 00 incurred by
Code Enforcement during the prosecution of this case on/or before May 21, 2006.
STIPULATIONS
1. Case #2006030415 - BCC vs. Ronald & Ellen Zahrav
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was
present.
The Respondent was not present.
Violation(s): Ordinance 2004-41, Section 2.0 1.00B
Recreational Vehicle stored on Driveway of Residence.
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April 21, 2006
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, the Respondent isfound GUILTY of
the alleged violation(s) and is ordered to pay Operational Costs in the amount of
$164.40 incurred by Code Enforcemellt during the prosecution of this case on or
before May 21,2006.
2. Case #2006030039 - BCC vs. Jose & Sara Perez
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was
present.
The Respondent(s) were not present.
Violation(s): Ordinance 2004-41, Section 2.01.00A
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 is found guilty of the
alleged violation(s) and is ordered t() pay Operational Costs in the amount of $170.11
incurred by Code Enforcement during the prosecution of this case on or before May
21, 2006.
17. Case #2006030658 - BCC vs. Franciso & Elizabeth Lovos
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was
present.
The Respondent was present earlier and agreed to the Stipulation but left before the
Hearing was heard.
Violation(s): Ordinance 04-41 as amended Section 2.01.00A
Unlicensed/Inoperable Vehicles at Residence
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, the Respondent is found GUlL TY of
the alleged violation(s) and is ordered to attain and affIX the proper licensing and tags or
removing the offending vehicles on or before April 26, 2006 or a fine of $1 00 per day will
be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$162.85 incurred by
Code Enforcement durillg the prosecution of this case on or before May 21,2006.
The Respolldellt is to notify Investigator with ill 24 hours to COil cur the violation has been
abated.
***No contact had been made on Case #2004040835 by either the Investigating
Officer or the Respondent.
CASE WAS CONTINUED TO THE MAY 19th HEARING
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April 21, 2006
HEARINGS
1. Case SO 147345- BCC vs. Robert N. Peri
This Hearing was requested by the Respondent.
The Sheriff s Officer Lewis was not present.
Violation(s): Ordinance 130-67
Parked in Handicapped Parking Space
Respondent testified the parking placard was on the dashboard.
Finding the Notice of Hearing was properly served, the Respondents Citation was
DISMISSED.
2. Case #SO 143000 - BCC vs. Trisha Bon!es
This Hearing was requested by the Respondent who was not present.
The Sheriffs Officer Lothrop was not present.
Violation(s): Ordinance 130-66
Parking in County Right-of-Way
On March 15th Officer Lothrop issued a citation for Parking in the County Right-of-Way on
Leeann Lane, Naples.
It was realized the Respondent did not get Notice of the Hearing. (Jonathon Williams) Trisha
Borges is the owner of First Class Plumbing.
CASE WAS CONTINUED UNTIL THE MAY 19th HEARING
3. Case #SO 111594 - BCC vs. Carmen D. Cruzan
This Hearing was requested by the Respondent who was present.
Sheriffs Officer Allen was also present.
Violation(s): Ordinance 130-67
Parking in Handicapped Space
The Respondent admitted guilt and asked the fine be reduced by half and is willing to make
payments.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the
alleged violation(s) and is ordered to pay a fine of $125 in installments.
4. Case # SO 139307 - BCC vs. Erin W. Hood
This Hearing was requested by the Respondent who was present.
Sheriffs Officer Pschigoda was not present.
Violation(s): Ordinance 130-67
Parking in Handicapped Space
6
April 21, 2006
The Respondent testified the markings of the handicapped parking area does not meet DOT code
nor are they the correct size. This is located in Huron Park Apartments.
The Respondent was told a complaint can be made to the County and they are then required to
investigate the Apartment Complex.
Finding the Notice of Hearing was properly served, the case was DISMISSED.
5. Case #SO 143011- BCC vs. Peter Saari
This Hearing was requested by the Respondent who was not present.
Sheriff's Officer Fred Klinkman was present.
Violation(s): Ordinance 130-67
Parking in Handicapped Space
A written response was presented to the Special Master as the Respondent is out of town. Officer
Klinkman stated the Citation is made out to Danielle Swemac, Maryland. Ms. Swemac indicated
she needed a permit and was asked to obtain one at which time Officer Klinkman would then
dismiss the citation.
According to the written response there was some confusion as to who the driver was, who was in
the vehicle at the time and who the vehicle belonged to. The Respondent stated he was driving
with 3 children in the car while he pulled into the parking space to let his wife use the restroom.
Finding the Notice of Hearing was properly served; the Respondent is found guilty of the
alleged violation(s) and is ordered to pay a fine of $250 imposed. 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 May 21,2006.
12. Case #CO 4277 - BCC vs. Ernest Valdasti
This Hearing was requested by Code Enforcement Officer Schwartz who was not present.
The Respondent was present.
Violation(s): 04-41 as amended Section 2.01.00
Boat Parked on Grass
Officer Schwartz is retired and the County wished to dismiss the Case.
The Respondent did not want them to dismiss. He testified he was told by Code Enforcement
Officer Swartz he was allowed to park recreational vehicles in his rear yard. Then he received a
violation stating he could not park in his yard. He stated he was confused.
Special Master indicated he could speak with Michelle Arnold, Director of Code Enforcement,
for any problems he has.
Finding the Notice of Hearing was properly served; the case was DISMISSED.
13. Case #2005091021 - BCC vs. Southern M2t. Corp. -Geor2e Michael
This Hearing was requested by Code Enforcement Investigator Susan O'Farrell (Environmental
Specialist) who was present.
7
April 21, 2006
The Respondent was not present as he was out of town.
Juvenile Blanco - Director of the Corporation in charge of Southern Management Inc. was
represented and has the authority to speak and make decisions on the Respondents behalf.
Violation(s): Ordinance 04-41 as amended Section 4.06.05
Live Oaks Severely Pruned and Lifted
The Investigator testified the violation started September 26, 2005. The Investigator was on site
when she noticed the live oaks were severely lifted with a dead live oak in the buffer area.
Pictures were offered as evidence and explained. The area shown is Burger King on Pine Ridge.
Methods of pruning and tree trimming techniques were discussed with Jose Martinez, District
Manager. On September 30th she served a violation to Mr. Santos of Dynamic Tree Service and
went over the proper techniques of tree trimming and offered brochures. No further complaints
have been received.
Served an NOV on November 7, 2005 to the store manager addressing the pruning violations and
the site development deficiencies on the property.
The case had then been turned over to Mr. Blanco. December 19th a site visit had been made
noting no changes or corrective pruning had been made.
An arborist report was requested of the Respondent and has not been received as of to day's date.
Whatever the arborist recommends will be accepted by the Investigator.
The Respondent, Juvenile Blanco, testified he disagrees with the Investigator in her conclusion
of the trees being damaged. The Respondent showed photographs taken on April14, 2006 and
was shown to the Investigator.
Mr. Mark Chin, Certified Arborist, gave an overview and explanation of over-lifting a tree
which is pruning the lower limbs or canopy up too high destabilizing the tree with leaf loss
stressing the tree. This is not a proper pruning practice. General rule is to keep half the foliage in
the lower 2/3 of the tree, balancing the tree providing clearance for vehicles and pedestrians. Mr.
Chin has been an arborist for 12 years and does not work for the County or Dynamic Tree.
Mr. Chin testified, after reviewing the pictures offered by the Investigator, all the trees were over-
lifted with obvious structural problems that were not addressed.
If the Respondent feels there is a public safety issue, the Respondent can apply for a Site
Improvement Plan and request to change the trees.
The Respondent stated the trees remained unharmed during the Hurricane and he still questions
how the trimming has damaged the trees.
Mr. Chin testified this isn't an immediate problem, but 5 years from now the trees foliage will be
pushed to the top and the trunks will not develop the strong taper needed. This is a long term care
situation. One main leader needs to be established with proper pruning. When there are multiple
leaders going up, the tree can be a candidate for splitting.
Investigator O'Farrell summarized what was asked of the Respondent:
1) No further excessive Pruning to be done
2) Hire a Certified Arborist making a recommendation for restoration of the trees or whether
treels needs to be removed and replaced. Site Development Plan may be needed.
3) Replace missing Landscape according the SDP - 90-0979
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April 21, 2006
Finding the Notice of Hearing was properly served, the case was CONTINUED until the May
19, 2006 Agenda. The Respondent is ordered to hire his own Certified Arborist for a report
concerning the live oak trees.
BREAK-I0:52 AM
RECONVENED - 11 :08 AM
12. Case #2006010694 - BCC vs. Xhemali & Fluturake Ahmati
This Hearing was requested by Code Enforcement Investigator Ivan Box who was present.
Respondent was not present.
Violation(s): Ordinance 04-58 Section 7
Failure to Renew Rental Registration
Case initiated on January 11, 2006 at 5222 Broward Street. NOV signed by homeowner on
February 13th. Has been abated on March 30th, 2006.
Finding the Notice of Hearing was properly served; and finding the violation did exist, but was
CORRECTED IJrior to today's hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs in the amount of $204.92 incurred by Code
Enforcement during the prosecution of this case on or before May 21,2006.
14. Case #2005120166 - BCC vs. Arthur Moore
This hearing was requested by Code Enforcement Investigator Joseph Mucha who was present.
The Respondent was also present.
Violation(s): Ordinance 05-44 Section 7
Accumulated litter on Property.
Complaints had been received and pictures were shown as evidence of the various items of litter
on the property. Mr. Moore had been before the Special Master in the previous year for litter and
was asked to abate the violation. Since 2002 there have been litter and other violations on the
property. Being there was a dog on the premises, the tenant was not notified. The regular notice
was sent.
The Respondent stated he has a tenant on the property. The previous notices were not received
by him as the address was incorrect. This is the first time he has seen the pictures and does agree
with the Investigator. He stated the tenant has removed the litter.
The Respondent was not aware of the past violations by his Tenant.
The Investigator stated the initial violation has been abated.
Finding the Notice of Hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's Hearing, respondent is found guilty of the alleged violation(s)
and is ordered to pay afine 0/$1,000 and the Operational Costs in the amount of$157.14
incurred by Code Enforcement during the prosecution of this case on or before May 21,2006.
9
Apri121,2006
18. Case #2005100215 - BCC vs. Bernardo Barnhart
This hearing was requested by Code Investigator John Santafemia who was present.
Respondent was not present.
Violation(s): Ordinance 04-58 Section 6, sub-section 13 & Section 7
Tenants in Dwelling exceed the allowable Number
Violation is at New Market Road, Immokalee. Both violations have been abated.
Finding the Notice of Hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's Hearing Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Cost in the amount of $177.45 incurred by Code
Enforcement during the prosecution of this case on or before May 22,2006.
19. Case #2006010465 - BCC vs. Enrique J. Palacios & Alma Jimenez
This Hearing was requested by Code Investigator John Santafemia who was present.
The Respondent was not present.
Violation(s): Ordinance 04-58 Section 7
Failure to obtain Rental Registration
Finding the Notice of Hearing was properly served, andfinding the violation did exist, but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs in the amount of $171.78 incurred by Code
Enforcement during the prosecution of this case and has been paid in full at the Hearing.
4. New Business
A. Imposition of Fines - None
B. Reduction of Fines Requests
1. Case #2004090190 - BCC vs. Elam Orozco
The Respondent was present along with Mr. Orozco's translator Miguel Cruz.
Code Enforcement Investigator Santafemia was also present.
The Respondent stated his case was a lack of knowledge knowing there was a problem
when he purchased his property with the garage. In December he was ordered to obtain a
permit to fix the problems. There were many delays. He is asking for the fines to be
reduced by half.
Investigator Santafemia testified the Respondents permit was rejected by the Health Dept.
earlier. He had issues to satisfy before the permit was satisfied. In following the case
and trying to help the Respondent through the process, he found the problem was the
permitting department being backed up and not issuing the permit in a timely fashion.
There were many delays before coming into compliance and the County has no objection
of reducing the fines by half. The Respondent had no control over the many obstacles.
The Motion for Reduction of Fines was granted. The Respondent is ordered to pay
$1,250. A Payment Plan can be worked out with the Secretary to the Special Master if
necessary.
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April 21, 2006
5. Old Business
Dennis Mitchell presented a Request for Release of Order to the Special Master. The County is
requesting the Order be Withdrawn for:
Case #2005050025 - BCC vs. Nevin & Charlene McClarren.
David Scriber testified this is not being used as a rental. There was a problem with the deed.
The Seller and Buyers address had been switched.
The Motion to Rescind the Order entered on July 15, 2005 was granted. The Secretary to the
Special Master was directed to prepare an Order to be recorded in the Public Record.
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 11 :49 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
11