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Spec Master Minutes 05/19/2006 May 19,2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, May 19, 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: Shirley Garcia, Secretary to Special Master Steve Griffin, Assistant County Attorney Dennis Mitchell, Code Enforcement Supervisor 1 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: May 19, 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 A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING B. HEARING RULES AND PROCEDURES 2. APPROVAL OF MINUTES - MAY 5, 2006 3. MOTIONS A. STIPULATIONS 1. ROBERT e. & BEATRICE M. HUVAERE 2. KlMBERL Y B. RIGGIE 3. BORIS FELIPE 2006040726 2006020504 2005030205 &2006011110 B. REQUEST FOR EXTENSION OF TIME 1. BCC VS. MIQUEL & DAIMA FERNANDEZ 2004040835 C. REQUEST FOR DISMISSAL- PETER SAARI D. REQUEST FOR CONTINUANCE - (#12) ELIZABETH LAKE SO 143011 2005091059 4. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: OWNER: OFFICER: SO 149913 SEAN E WARD LOTHROP VIOLATIONS: ORD. SEe. 130-66 BLOCKING TRAFFIC ON PUBLIC ACCESS ROAD 2. CASE NO: OWNER: OFFICER: PR 111346 BARRY S WYLIE BUCKLER VIOLATIONS: SEe. 5 EXCEPT I-H FAILURE TO DISPLA Y PAID LAUNCH RECEIPT FOR 4-8-06 3. CASE NO: DAS 11101 OWNER: CASEY LYNN NA YMOLA OFFICER: MARTINDALE VIOLATIONS: 14-36 PAR A 2 SEe. A ALLOWING A DOG TO RUN AT LARGE 4. CASE NO: DAS 11102 OWNER: CASEY LYNN NA YMOLA OFFICER: MARTINDALE VIOLATIONS: 14-36 PARA SEe. 7 ALLOWING A DOG TO SNAP AND GROWL 5. CASE NO: CO 4229 OWNER: RONALD ZBIKOWSKI OFFICER: AMBACH VIOLATIONS: 05-44 SEe. 6, 7, 8 LITTER ON ENTIRE PROPERTY 6. CASE NO: CO 4282 OWNER: ERNEST V ALDASTRI OFFICER: SCHWARTZ VIOLATIONS: 99-51 SEe. 6 XMAS TREE AND BOAT PARTS NEAR DOOR 7. CASE NO: 2005100897 OWNER: BORAH PARTNERS LLC - RIA PAUL K HEUERMAN OFFICER: SCHWARTZ VIOLATIONS: 99-51 SEe. 6 LITTER ON PROPERTY 8. CASE NO: 2005091021 OWNER: SOUTHERN MANAGEMENT CORP OFFICER: O'F ARRELL VIOLATIONS: 04-41 AS AMENDED SEe. 4.06.05 LIVE OAKS ON PROPERTY SEVERELY PRUNED AND LIFTED 9. CASE NO: 2005120372 OWNER: HENRY E KNAUST TR OFFICER: MARTINDALE VIOLATIONS: 04-58 SEe. 7 FAILURE TO REGISTER PROPERTY AS A RENTAL 10. CASE NO: OWNER: OFFICER: 2006030178 FRANCISCO RIOS SR YBACETA VIOLATIONS: 05-44 SEe. 7 LITTER ON PROPERTY 11. CASE NO: OWNER: OFFICER: VIOLATIONS: 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: VIOLA TIONS: 2006040126 VICTOR & MARIA HINOJOSA LUEDTKE 04-41 AS AMENDED SEe. 2.01.00 REPEAT VIOLATION OF UNLICENSED VEHICLE ON PROPERTY 2005091059 ELIZABETH D LAKE LETOURNEAU 91-102 SEC. 2.7.6.1, 2.7.6.5 NON-LIVING SPACE RENOVATED WITHOUT PERMITS 2006030781 NAPLES SANDPIPER BA Y CLUB LETOURNEAU 04-58 SEe. 6 ROOF AND FASCIA DAMAGE TO BUILDINGS H, I, J & K 2006020696 DIANE MYERS JACKSON 04-41 AS AMENDED SEe. 2.01.00 PROHIBITED STORAGE OF COMMERCIAL EQUIPMENT ON PROPERTY 2006040213 ROSEMARIE G HART JACKSON 04-41 AS AMENDED SEC. 4.05.03 VEHICLES PARKED ON NON-STABILIZED SURF ACE 2005120195 STPETIM RAMKU JACKSON 04-41 AS AMENDED SEe. 10.02.06; 02-01 AS AMENDED SEe. 104.1.1, 105.5 SCREEN ENCLOSURE ERECTED WITHOUT PERMITS 2006030909 PABLO & MARIA NAVARRETE KEEGAN 04-41 AS AMENDED SEe. 2.01.00 COMMERCIAL VEHICLES PARKED/STORED ON PROPERTY 2006030180 ARCADIO ZEPEDA JR & ALICIA Z LOPEZ KEEGAN 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED/INOPERABLE VEHICLES ON PROPERTY 19. CASE NO: OWNER: OFFICER: VIOLATIONS: 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: VIOLATIONS: 2006020925 ROBEDA MCKINNEY C/O MIKE PANNEL KEEGAN 05-44 SEe. 6, 7, 8 LITTER ON PROPERTY 2006011110 BORIS FELIPE & DUNAISY PORTAL MORAD 04-41 AS AMENDED SEe. 2.02.03, 2.01.00; 05-44 SEe. 6, 7, 8 UNLICENSED VEHICLES/TRAILERS ON PROPERTY/LITTER ON PROPERTY 2005030205 BORIS FELIPE & DUNAIS PORTAL MORAD 04-41 AS AMENDED SEe. 10.02.06 BEGINNING CONSTRUCTION OF BUILDING WTIHOUT OBTAINING PERMIT 2006020504 KIMBERLY B RIGGlE MORAD 05-44 SEC. 6, 7 UNAUTHORIZED ACCUMULATION OF LITTER ON PROPERTY 2006040662 TRANCREDE & CELITE ST VIL BOX 04-41 AS AMENDED SEe. 2.01.00 UNLICENSED VEHICLE PARKED ON DRIVEWAY 2006040726 ROBERT C & BEATRICE M HUV AERE BOX 04-41 AS AMENDED SEC. 2.01.00 UNLICENSED VEHICLES PARKED ON PROPERTY 2006040608 CLAIRVOYANT & GINETE A DUME BOX 04-41 AS AMENDED SEC. 2.01.00 UNLICENSED VEHICLE PARKED ON DRIVEWAY 2006030667 MICHAEL D & CATHERINE M RUSSELL BOX 04-58 SEe. 6; 04-41 AS AMENDED SEC. 4.05.03 BLUE PICKUP TRUCK PARKED ON GRASS 5. NEW BUSINESS A. IMPOSITION OF FINES B. REQUEST FOR DISMISSAL 1. BCC VS. NAPLES SOUTH REALTY 2005020698 C. REQUEST FOR REDUCTION OF FINES 1. BCC VS. CARL GUZMAN 2003021010 2. BCC VS. CARL GUZMAN 2003101640 6. OLD BUSINESS - 7. COMMENTS 8. NEXT MEETING DATE June 2, 2006 9. ADJOURN May 19, 2006 1. CALL TO ORDER A. The Meeting was called to order by Honorable Special Master Brenda Garretson at 8:45 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 - 8:53 AM RECONVENED - 9:10 AM 2. APPROVAL OF MINUTES A. The Minutes of the Meeting of the Collier County Special Master on May 5, 2006 were approved as presented. 3. MOTIONS A. STIPULATIONS 1. Case #2006040726 - BCC vs. Robert C. & Beatrice M. Huvaere This Hearing was requested by Code Enforcement Investigator Box who was present. The Respondents were not present. Violation(s): Two unlicensed vehicles parked at residence Investigator Box testified that the vehicles at the property at 3925 Thomasson Lane have been removed. A Stipulation was agreed upon by the Respondents. Finding the Notice of Hearing was properly served; the Respondents are found GUILTY of the alleged violation(s) and ordered to pay Operational Costs in the amount of $168.29 incurred by Code Enforcement during the prosecution of this case. The Operational Costs have already been paid. 2. Case #2006020504 - BCC vs. Kimberlv B. Ri22e This Hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was not present. Violation(s): Ordinance 2005-44 Unauthorized accumulation of litter on property A Stipulation was agreed upon by the Respondent. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) and ordered to abate all violations by removillg the ullauthorized 2 May 19, 2006 accumulation of litter from the property to an appropriate waster disposalfacility by May 26,2006 or afine of $1 00 a day will be imposedfor each day the violations remain thereafter. The Respondent is also ordered to pay Operational Costs in the amount of $350.06 incurred by Code Enforcement during the prosecution of this case on or before June 18,2006. Respondent is to notify Code Enforcement within 24 hours to COil cur the violation has been abated 3a. Case #2005030205 - BCC vs. Boris Felipe This Hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Section 10.02.06 Beginning construction of a building without first obtaining required building permits, and inspections The Respondent testified that he has removed the structure. A Stipulation was agreed upon by the Respondent. Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) and is ordered to obtain all permits required for the structure/improvements by July 17, 2006, or obtain a Collier County demo permit to demolish the structure/improvements and remove debris from the property by July 17, 2006, or a fine of $1 00.00 a day will be imposed for each day the violations remains thereafter. Respondent is ordered to pay Operational Costs in the amount of $389.25 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. The Investigator is on notice of Respondent's claim that the violation has been abated and is to perform a site inspection to confirm the abatement. 3b. Case #2006011110 - BCC vs. Boris Felipe This Hearing was requested by Code Enforcement Investigator Ed Morad who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Sections 2.02.03, 2.01.00; 05-44 Sections 6,7,8 Unlicensed vehicles/trailers on property / litter on property The Respondent testified that three vehicles have already been tagged and two trailers have not yet been tagged. 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 obtaining and affIXing current valid license plates to each vehicle, or storing the vehicles in a completely enclosed structure, or removing the vehicles by May 26, 2006, or a fine of $100 a day will be imposed for each day the violation remains thereafter. Respondent is also ordered to remove all of the unauthorized accumulation of litter to an appropriate waste disposal facility by May 26,2006 or afine of $100.00 a day will be imposed for each day the violation remains thereafter. 3 May 19, 2006 Respondent is ordered to pay Operational Costs in the amount of $415.30 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. Ref'Jpondent is to notifY Code Enforcement within 24 hours to concur the violation has been abated. B. REQUEST FOR EXTENSION OF TIME 1. Case #2004040835 - BCC vs. Mi2uel & Daima Fernandez This Hearing was requested by the Respondents. Miguel Fernandez was present, Daima Fernandez was not present. Code Enforcement Investigator Sean Leudtke was also present. Violation(s): Ordinance 91-102 Sections 2.7.6,104.1.1,105.5,106.12,106.3 Work without permits The Respondent testified that all of the necessary work has been completed, inspections have been made and he is in compliance. Investigator Leudtke testified that the final inspection was made on May 18, 2006 and the Certificate of Occupancy will be issued on May 19,2006. Finding that the Respondents have already come into compliance, the request for an extension of time is not necessary. Respondents are ordered to pay Operational Costs in the amount of $160.03 incurred by Code Enforcement during the prosecution of this case within 30 days from the original order (Respondents will pay today). 4. PUBLIC HEARINGS A. HEARINGS 14. Case #2006020696 - BCC vs. Diane Mvers This hearing was requested by Code Enforcement Investigator Ian Jackson who was present. The Respondent was also present. Violation(s): Ordinance 04-41 as amended Sec. 2.01.00 Prohibited Storage of Commercial Equipment on Property Investigator Jackson testified that the violation has been abated. 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 $166.57 on or before June 18, 2006. 13. Case #2006030781 - BCC vs. Naples Sandpiper Club This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present. The Respondent was not present. 4 May 19, 2006 Violation(s): Ordinance 04-58 Section 6 Roof and fascia damage to buildings H, I, J & K A Stipulation was agreed upon by the Respondent represented by Lance Parmalre, Maintenance Manager of Naples Sandpiper Club. Investigator Letourneau testified that necessary repairs are about 50% completed already. The Special Master accepted the Stipulation but required the Investigator to obtain a new copy with Mr. Parmalre's name printed out and his position title included. Finding the Notice of Hearing was properly served; the Respondent isfound GUILTY of the alleged violation and is ordered to abate all violations by obtaining all required building permits, inspections and a certificate of completion, and repair all damage to buildings by August 18, 2006, or a fine of $250 a day will be imposed for each day the violation continues. Respondent must notify Code Enforcement by August 8, 2006 (ten days prior) if un able to abate all violations by August 18, 2006. Respondent is ordered to pay Operational Costs in the amount of $199.12 incurred by Code Enforcement during the prosecution of this case. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 26. Case #2006030667 - BCC vs. Michael D. & Catherine M. Russell This Hearing was requested by Code Enforcement Investigator Box who was present. Respondent Michael D. Russell was present but left upon entering into a Stipulation. Violation(s): Ordinance 04-58 Section 6: 04-41 as amended Section 4.05.03 Blue pickup truck parked on grass Investigator Box testified that the violation has been abated. 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 to pay Operational Costs in the amount of $188. 66 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. 23. Case #2006040662 - BCC vs. Trancrede & Celite St. Vii This Hearing was requested by Code Enforcement Investigator Box who was present. Respondent Trancrede St. Vii was present but left upon entering into a Stipulation. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed vehicles parked on driveway Investigator Box testified that the violation has been abated. 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 which has been abated. Respondent is ordered to pay Operational 5 May 19, 2006 Costs in the amount of $176.49 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. 25. Case #2006040608 - BCC vs. Clairvoyant & Ginete A. Dume This hearing was requested by Code Enforcement Investigator Box who was present. The Respondent was present but left upon entering into a Stipulation. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensed vehicle parked on driveway Investigator Box testified that the violation has been abated. 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 which has been abated. Respondent is ordered to pay Operational Costs in the amount of $201.23 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. 3. ADDITIONAL MOTIONS C. REQUEST FOR DISMISSAL 1. Case #SO 143011- BCC vs. Peter Saari This Hearing was requested by the Respondent who was not present. Violation(s): Handicapped parking - blocking access This case was originally on the March 17, 2006 docket, and the Respondent sent in a written defense for that hearing. Respondent has since identified that as his Motion to Dismiss, although at the time it was written as a defense. It is accepted as a Motion to Dismiss in conjunction with Respondent's more recently filed correspondence. At the original March 17, 2006 hearing, neither the Respondent nor the officer were present - the ofjicer failed to appear because he had not been noticed due to an error in the Code Enforcement office, and the case was continued. The hearing was reset for April 21, 2006, and the Officer was in attendance and presented the case. The Respondent was not present but his correspondence was reviewed. Based on the evidence, the Respondent was found guilty of parking in a handicapped parking spot and assessed a fine and Operational Costs. The Respondent has since sent correspondence asking that the case be dismissed based on his written defense. The Motion to Dismiss is denied because the hearing was held in the Respondent's absence when there was no Motion to Dismiss pending, only a written defense, and the ruling was based on that defense. There was no basis to dismiss the charge. The Motion to Dismiss contains no legal basis for being granted, it is only an explanation for why the Respondent parked in a handicapped space. In both his written defense and Motion to Dismiss the Respondent admits that he did park in a handicapped spot but gave an explanation for why he should be allowed to do so. He indicates that he was not, infact, parking because his car was running, but having the vehicle in the handicapped spot is the violation in and of itself, whether or not the car is operational, as the presence of his vehicle made the 6 May 19, 2006 handicapped spot unavailable for a vehicle driven by a handicapped driver. The ruling of April 21,2006 stands, and the fine and Operational Costs assessed then are to be paid within 30 days of that date (by May 22,2006). D. REQUEST FOR CONTINUANCE 1. Case #2005091059 - BCC vs. Elizabeth Lake This hearing was requested by the Respondent who was not present. Code Enforcement Investigator Jeff Letourneau was present. Violation(s): Ordinance 91-102 Sections 2.7.6.1, 2.7.6.5 Non-living space renovated without permits Investigator Letourneau testified that he spoke to Respondent's attorney two or three days ago. The attorney has been in contact with Planning and Permitting, and is trying to get a variance for the violation. The Request for a Continuance is granted until the June 16, 2006 Special Master meeting. 4. ADDITIONAL PUBLIC HEARINGS A. HEARINGS 8. Case #2005091021 - BCC vs. Southern Mana2ement Corp. The hearing was requested by Code Enforcement Investigator O'Farrell who was present. The Respondent (Jose Martinez, District Manager - Southern Management Corp.) was also present. Violation(s): Ordinance 04-41 as amended Section 4.06.05 Live oaks on property severely pruned and lifted Investigator O'Farrell testified that Arborist reports received from the Respondent's arborist, Phil Buck, were not acceptable. The Investigator and the Respondent jointly requested additional time for a fully completed report to be submitted. The Request for a Continuance is granted until the June 16, 2006 Special Master meeting. 1. Case #SO 149913 - BCC vs. Sean E. Ward This hearing was requested by Collier County Sheriffs Office Deputy Lothrop who was present. The Respondent was not present. Violation(s): Ordinance 130-66 Blocking traffic on public access road Special Master Secretary Shirley Garcia testified that she was informed by Collier County Code Enforcement - Customer Service that the Respondent called them at 8: 10 AM this morning and stated that he would not be in court today 7 May 19, 2006 Deputy Lothrop testified that on March 18, 2006, while on patrol in Berkshire Commons in the Radio, Santa Barbara area, he noticed a vehicle stopped on the public access road that was blocking traffic. The vehicle was locked and unoccupied, and the Deputy issued a citation for impeding and blocking the flow of traffic on a public access road. Finding the Notice of Hearing was properly served; the Respondent is found GUIL TY of the alleged violation and is ordered to pay a fine in the amount of $50.00. Respondent is ordered to pay Operatiollal Costs in the amount of $30. 00 incurred by Code Enforcement during the prosecutioll of this case on or before June 18, 2006. 3. ADDITIONAL MOTIONS C. REQUEST FOR DISMISSAL 1. BCC vs. Naoles South Realty This hearing was requested by the Respondent, Zachary Berg, Property Manager of Naples South Realty, who was present. Code Enforcement Supervisor Patti Petrulli was also present. Violation(s): Dumpster needs to be enclosed The Respondent testified that Naples South is a shopping center that has a dumpster that needs to be enclosed. The Special Master noted the following from her prior orders: · On May 6, 2005 Respondent was ordered to enclose the dumpster by May 16, 2005. · On June 3, 2005, Respondent was granted an extension of time from the prior order, and ordered to complete ofthe enclosure by September 3, 2005 or a fine of $50 per day would be imposed for each day the violation remained thereafter. · On October 12,2005, Respondent was granted an extension of time to January 7,2006 or a fine of $50 per day would be imposed for each day the violation remained thereafter. In addition, Operational Costs in the amount of $110.10 were assessed. Code Enforcement Supervisor Petrulli testified that Mr. Berg has informed her that a site improvement plan has been completed and he is having a problem getting a permit for the dumpsters. Collier County Assistant County Attorney Steve Griffin noted that Respondent has requested a dismissal, not a reduction in fines or a continuance. Respondent changed his motion to a Motion for an Extension of Time. Respondent testified that his request for a permit revealed additional work that the County requires at the shopping center. All of the work must be completed before Inspections will issue a Certificate of Completion for the dumpster enclosure work. Finding no basis the Motion to Dismi,'ts is denied. The Request for an Extension of Time is granted until August 18,2006 or afine in the amount of $1 00. 00 per day will be imposed for each day the violation remains thereafter. The Operational Costs of $110.10 imposed on October 12, 2005 will continue to accrue until the Certificate of Completion is issued. The Respondent is to notifY Code Enforcement within 24 hours of a workday to concur the violation has beell abated. The Respondent is also ordered to provide 8 May 19, 2006 copies of the application for a permit and the SDP amendment to the Secretary to the Special Master to become part of the record, to show that progress has been made and that Respondent is attempting to comply. 4. ADDITIONAL PUBLIC HEARINGS A. HEARINGS 2. Case #PR 111346 - BCC vs. Barrv S. Wylie This hearing was requested by Collier County Park Ranger Carol Buckler who was present. The Respondent was also present. Violation(s): Section 5 Except I-H Failure to display paid launch receipt for 4-8-06 The Park Ranger testified that she was patrolling the 951 Boat Ramp on April 8, 2006, saw that Respondent's vehicle had a parking receipt for April 7, 2006 and issued a citation for failure to display a parking receipt for April 8, 2006. Respondent testified that he stayed out on the water overnight to fish. Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the alleged Violation(s) and is ordered to pay afine in the amount of $3 O. 00. No Operational Costs were assessed. BREAK - 10:51 AM RECONVENED -11:10 AM 22. Case #2006040126 - BCC vs. Victor & Maria Hinoiosa This hearing was requested by Code Enforcement Investigator Sean Luedtke who was present. The Respondents were not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Repeat violation of unlicensed vehicle on property The Investigator testified that he observed a repeat violation for the prohibited storage of an unlicensed vehicle at 2216 41st Street SW on March 11,2006. The prior finding of violation occurred on December 3, 2005, and a copy ofthe Special Master's prior order was presented to her. In checking the site last week, the violation had been removed. Finding the Notice of Hearing was properly served, and finding the violation did exist, but was CORRECTED prior to today's Hearing Respondent is found guilty of the alleged violation(s) and is ordered to pay afine in the amount of$l,OOO.OO and Operational Costs in the amount of $206.89 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. 3. Case #DAS 11101 - BCC vs. Casey Lvnn Navmola This hearing was requested by the Respondent who was present. Domestic Animal Services Officer Anita Martindale was also present. 9 May 19, 2006 Violation(s): Ordinance 14-36 paragraph A 2 section A Allowing a dog to run at large The Respondent admitted guilt to the Violation(s). Fblding the Notice of Hearing was properly served, the Respondent is found GUIL TY of the alleged Violation(s) and is ordered to pay afine in the amount of$107.00 and Operational Costs in the amount of $50.00 incurred by Code Enforcement during the prosecution of this case 011 or before June 18, 2006. 4. Case #DAS 111021- BCC vs. Casey Lvnn Navmola This hearing was requested by the Respondent who was present. Domestic Animal Services Officer Anita Martindale was also present. Violation(s): Ordinance 14-36 paragraph A section 7 Allowing a dog to snap and growl The Respondent admitted guilt to the Violation(s). Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged Violatioll(~) and is ordered to pay a fine ill the amount of $1 07. 00 and Operational Costs in the amount of $50. 00 incurred by Code Enforcement durillg the prosecutioll of this case on or before June 18, 2006. 5. Case #CO 4229 - BCC vs. Ronald Zbikowski This hearing was requested by the Respondent who was present. Code Enforcement Investigator Ambach was also present. Violation(s): Ordinance 05-44 Sections 6, 7, 8 Litter on entire property Respondent testified that he received a citation for litter on his property right after last year's hurricane. Following the hurricane he waited for his insurance company to visit his property before cleaning it, and then learned that his policy did not cover this. He testified that most of the litter is cleaned up, and he will start hauling away the remainder, which consists mainly of weeds and some plastic, on May 22, 2006. Investigator Ambach testified that a few complaints about litter on the Respondent's property were received on or about December 16, 2005, approximately three months after the hurricane, and he served a Notice of Violation on that date. On January 7, 2007 the Investigator issued a citation because the violation had not been abated by that date, as required by the Notice of Violation. On a site visit made on January 27, 2006, the Investigator determined that the violation still existed. The Investigator entered into the record photographs of the property taken on January 29,2006 showing several vehicles and litter consisting of plastic, old plastic tarps, rusted metal pieces, plastic containers, buckets, and agricultural debris. Finding the Notice of Hearing was properly served, the Respondent isfoulld GUILTY of the alleged violation(s) and is ordered to abate the violation on or before June 16, 2006 or afine of $1 00. 00 per day will be imposed for each day the violatioll remains thereafter. 10 May 19,2006 Respondent is also ordered to pay afille in the amount of $1 00. 00, the $5.00 cost of the original citation. Respondent is ordered to pay Operational Costs in the amount of $50.00 incurred by Code Enforcemellt during the prosecutioll of this case on or before June 18,2006. The Respolldent is to 1l0tifY the Illvestigator withill 24 hours of a workday to concur the violatioll has been abated. 6. Case #CO 4282 - BCC vs. Ernest Valdastri This hearing was requested by Code Enforcement Investigator Schwartz who was not present. The Respondent was present. Violation(s): Ordinance 99-51 Section 6 Christmas tree and boat parts near door Investigator Schwartz has retired and the County withdrew the case. The case was dismissed. 7. Case #2005100897 - BCC vs. Borah Partners LLC - RIA Paul K. Heuerman This hearing was requested by Code Enforcement Investigator Schwartz who was not present. The case was reassigned to Code Enforcement Investigator Jeff Letourneau who was present. Respondent Sean McDevitt, a partner of Borah Partners LLC, was present. Violation(s): Ordinance 99-51 Section 6 Litter on Property Investigator Letourneau testified that the violation consists of a junk mobile home and other debris at 1231 Skyline Drive. He was at the site on May 18, 2006, and the violation still exists. The mobile home has weeds growing through its windows and through cracks and holes and is not habitable. The Investigator entered into evidence photographs taken on October 31, 2005. The Respondent objected to the photographs, indicating that they do not fairly depict the condition of the property and mobile home. He testified that the mobile home does need work and is not currently lived in, and that the lot has been cleaned up and is relatively well maintained. Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation(s) alld is ordered to abate the violation(s) by removing all litter, including the abandoned mobile home, on or before July 5,2006, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter. Respondent is also ordered to pay Operational Costs ill the amoullt of$187.24 incurred by Code Enforcemellt during the prosecution of this case on or before June 18,2006. The Respondellt is to 1l0tifY the Illvestigator within 24 hours of a workday to COil cur the violation has beell abated. II May 19, 2006 9. Case #2005120372 - BCC vs. Henrv E. Knaust Tr. This Hearing was requested by Code Enforcement Investigator Martindale who was present. Respondent Henry Knaust, the Trustee, was also present. Violation(s): Ordinance 04-58 Section 7 Failure to register property as rental Investigator Martindale testified that on December 13,2005 he received a report of property at 2655 Carpet Road being leased without being registered, as required by Collier County Code. On December 14,2005 he issued a Notice of Violation via certified mail to Mr. Knaust, and the return receipt was signed on December 23,2005. Having received no contact from the Respondent, the Investigator scheduled a hearing in April. The Respondent subsequently met with the Investigator and told him that he would be in Spain on the April hearing date, and requested a continuance to today's hearing date. The Respondent testified that he visited Inspector Martindale's office six times to ask what the violation was. He further testified that neither the Inspector nor his supervisor were available until the seventh visit when he met with the Inspector who explained the violation. The Respondent indicated that he was unaware that he could have registered the property as a rental prior to coming to today's hearing. Fillding the Notice of Hearing was properly served, the Respondent is found GUILTY of the alleged violation and is ordered to register any and all rental properties owned by the Respondent within Collier COUllty on or before May 26,2006. Respondent is ordered to pay the rental registration fee on the subject property of $30. 00 plus delillquentfeesfrom June 2005 whell the ullit was rellted. Respondent is ordered to pay Operatiollal Costs in the amount of $136. 44 incurred by Code Ellforcemellt during the prosecution of this case on or before JUlle 18, 2006. 19. Case #2006020925 - BCC vs. Robeda McKinnev c/o Mike Pannel This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. Respondent Mike Pannel was also present. Violation(s): Ordinance 05-44 Sections 5,6,7,8 Litter on property Investigator Keegan testified that the violation was for litter consisting of but not limited to plywood, buckets, mattresses, car batteries, trees, metal siding, and tables and chairs on property zoned single family residential in Immokalee. The Investigator visited the property on May 18, 2006, and the violation was abated. Mr. Pannel testified that the property is in the name of his grandmother, Robeda McKinney, who is deceased. She left the property to his mother who is also deceased. He does not know to whom the property will pass, and he attempts to look after it. Fillding the Notice of Hearing was properly served; the Respolldellt is found GUILTY of the alleged violation and is ordered to pay Operational Costs in the amoullt of $180.79 incurred by Code Enforcemellt during the prosecution of this case on or before June 18, 2006. 12 May 19, 2006 18. Case #2006030180 - BCC vs. Arcadio Zepeda Jr. & Alicia Lopez This hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondents were also present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Unlicensedlinoperable vehicles on property The Investigator testified that on March 6, 2006 he observed one unlicensed van and one inoperable vehicle at 233 Adams Avenue East in Immokalee. He posted a Notice of Violation and took a picture of the violation which was entered into the record. On site visits made on March 24, 2006 and March 29, 2006 the Investigator saw that the violation remained. Respondent Alicia Lopez testified that the property belongs to her mother and is vacant. Because the property is vacant, unknown parties have left junk including vehicles. Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation(s) alld is ordered to make the vehicles operable and obtain the proper licenses, or remove them, or put them imide an enclosed structure by June 18, 2006, or afine of$100.00 per day per vehicle will be imposedfor each day the violation remains thereafter. The Respondent is also ordered to pay Operational Costs in the amount of $169.91 incurred by Code Enforcement during the prosecution of this case OIl or before June 18, 2006. The Respondent is to notifY the Illvestigator within 24 hours of a workday to concur the violation has been abated. 5. NEW BUSINESS A. IMPOSITION OF FINES - None B. REQUEST FOR REDUCTION OF FINES 1. Case #2003021010 & #2003101640 - BCC vs. Carl Guzman This hearing was requested by the Respondent who was present. Code Enforcement Officer Sean Luedtke was not present. Violation(s): The Respondent testified that he is a builder, and he purchased a house that had fire damage from Wells Fargo. He is repairing the house and bringing it up to code. Wells Fargo escrowed $22,300 with the Title Company to cover fines assessed against the property owner over the period that it does not meet Code. The Respondent has now brought the house up to Code. All Order is entered finding that the amount that is due to bring into total compliance alld close this case is $12,300.00. Any funds remaining in the escrow account pursuant to the closing at purchase are to be released and retumed to the original owner. 13 May 19, 2006 4. PUBLIC HEARINGS A. ADDITIONAL HEARINGS 10. Case #2006030178 - BCC vs. Francisco Rios Sr. This hearing was requested by Code Enforcement Officer Everildo Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 05-44 Section 7 Litter on property The County requested a continuance as it is uncertain if the Respondent was properly noticed. The case is continued until June 16, 2006. 15. Case #2006040213 - BCC vs. Rosemarie G. Hart 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 4.05.03 Vehicles parked on non-stabilized surface Investigator Jackson testified that this is a reoccurring violation of parking vehicles on a non-stabilized surface which began on April 6, 2006. The violation has now been abated. Finding the Notice of Hearing was properly served; the Respondent is found GUIL TY of the alleged violation(s) which has been abated. The Respondent is ordered to pay Operational Costs in the amount of$147.19 incurred by Code Enforcement during the prosecution oftllis case on or before June 18, 2006. 16. Case #2005120195 - BCC vs. Stoetim Ramku 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 10.02.06; 02-01 as amended Section 104.1.1,105.5 Screen enclosure erected without permits Investigator Jackson testified that the case involves the construction of a screen enclosure without first obtaining Collier County building permits. 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 obtaining a permit for the screen enclosure by June 8, 2006, or a fine of $50.00 per day will be imposed for each day the violation remains thereafter. Respondent is also ordered to obtain a Certificate of Occupancy for the screen enclosure by July 21,2006, or afine of $200 per day will be imposed for each day the violation remai/lS thereafter. 14 May 19, 2006 Respondent is ordered to pay Operational Costs in the amount of $178.80 incurred by Code Enforcement during the prosecution of this case on or before June 18, 2006. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 17. Case #2006030909 - BCC vs. Pablo & Marie Navarrete This hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondents were not present. Violation(s): Ordinance 04-41 as amended Section 2.01.00 Commercial vehicles parked/stored on property zoned residential Investigator Keegan testified that on March 22, 2006 he observed a white commercial truck and one yellow box truck parked at 43 Jefferson Avenue West in Immokalee and he issued a Notice of Violation. On April 3, 2006 he made another site visit and one commercial vehicle was still there, and one had been removed. He spoke to the property owner, Pablo Navarrete, who asked for time to have it removed. The Investigator stated that, in subsequent drives past the property he has observed numerous commercial vehicles parked on the property. Fillding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the alleged violation and is ordered to abate all violations by removing all commercial vehicles parked/stored on the property on or before JUlie 2,2006, or afine of$lOO.OO per day will be imposed for each day the violation remains thereafter. Respondellt is ordered to pay Operational Costs ill the amoullt of $163.34 incurred by Code Ellforcemellt during the prosecution of this case on or before June 18, 2006. The Respondent is to notify the Investigator within 24 hours of a workday to cOllcur the violation has been abated. 6. OLD BUSINESS - None 7. COMMENTS - None 8. NEXT MEETING DATE: June 16,2006 There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 1 :21 PM. FOR THE COLLIER COUNTY SPECIAL MASTER Special Master, Brenda Garretson 15 COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MASTER OSM CASE NO.CO 4229 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Zbikowski,Ronald and Cynthia Bobot,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Christopher Ambach, Code Enforcement Official for the Hearing before the Special Master of Collier County,who after being fully sworn, deposes and says: 1. That on 5/16/2006,the Special Master held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations by 6/16/2006 as stated in the Order of the Special Master recorded in the public records of Collier County,Florida in OR Book 4049 PG1817. 2. That a re-inspection was performed on 4/05/2007 to confirm abatement as of 3/28/2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Special Master has been taken. FURTHER AFFIANT SAYETH NOT. DATED this 544-'day of Ard , 2007. COLLIER COUNTY,FLORIDA :_' I G OF THE SPEC • �' • STER Christop Bach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER rn V. or a ume d s .s ribed before me this day o 2007 by L,ia d _r ignature of Notary Public) / Linda C.Wolfe '°� P UQ`" Commission#DD273407 J Expires:Dec 07,2007 (Print/Type/Stamp Commissioned Bonded Thru ;atlantic Bonding Co.,Inc. Name of Notary Public) Personally known Y.�. REV 2/27/07 CASE : co- 9 Caws itto4?E) .,.. „ ,,,,, ,wik ,- I '-'. .:4,,.: ' IS ',, - _:-. ' 1 4 g rg I 2 x 01 J � o' y _qL._.rjej 1 Al 11111111 = y y 1 10 - .. il. g x i (vrit,) z til o . 4 g d h " s'-Ci 51 ■ 1 til y ■ 1 yy i ,I . la§ ft RE ONDENT EXHIBIT pOS.Tf. 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" ...., `:5.. ,.. if, •Nr, A ., ..-- . , i .-- ....„...„_,_ ....0 , , _.. _._.._ • CODE CASE NUMBER IMAGE DATE �� '' 2006110049 11/2/2006 IMAGE DESCRIPTION Kitchen sink that is beginning to �- ` fall through counter JM-52 f y ry CODE CASE NUMBER IMAGE DATE .a 2006110049 11/2/2006 �. m IMAGE DESCRIPTION :,,,,.:4;:t"411'.- Section of kitchen floor that does 7-1)--- not have permanent covering JM-52 CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 IMAGE DESCRIPTION Kitchell-11e light that is hanging down from t ceiling JM-52 ,. ,. ° Collier County Printed on 4/5/2007 4:01:19 PM CD-Plus for Windows 95/98/NT Page 3 COUNTY EXHIBIT COUNTY EXHIBIT Coos,7'E w 1}• - a2ce%a od Li. CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 IMAGE DESCRIPTION Electrical outlet in kitchen with no cover plate JM-52 ' -' /t--- CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 IMAGE DESCRIPTION Broken windows with no screen in kitchen JM-52 _° -. fr n.Iranro6 CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 IMAGE DESCRIPTION Light switches in living room with `i � a° no cover plate JM-52 ._ > pi 44, 1, ..„, ;:.:,,,, ,, .., 1 ei,. i cc A-- 4 ( 5k°, Collier County Printed on 4/5/2007 4:01:14 PM CD-Plus for Windows 95/98/NT Page 1 CODE CASE NUMBER IMAGE DATE .'.'," ¢' . 2006110049 11/2/2006 • .'8 , IMAGE DESCRIPTION I} Improperly stored items outside the mobile home JM-52 # ,. �► ii AI f 1 ,iii, 11, Ili, I iii,,ti .,,,.„,y„, . ,.„ 'It't . . , . ... . .„ ,,, „ .. „ „ . ,,, . , ,,...„„ ... ., „. „, . ,„„,,...„.„ CODE CASE NUMBER IMAGE DATE ' 2 _ -,., . ,, , . .:-:::,,,,41J.--- 006110049 11/2/2006 IMAGE DESCRIPTION Empty paint buckets, cooler, and steel drum in front of mobile home JM-52 °F$; ,q!!t v -7 lq.' a d e r, r ai M. CODE CASE NUMBER IMAGE DATE , „ 2006110049 11/2/2006 � � . IMAGE DESCRIPTION flell „t Paint buckets and weeds over 18 inches on the side of mobile home JM- 52 ^ ` , ---.-4 it--- Collier County Printed on 4/5/2007 4:0122 PM CD-Plus for Windows 95/98/NT Page 4 I CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 �~ IMAGE DESCRIPTION 4 ,4 A ^ , ,.,,Ill Screen enclosure that has no screen JM-52 4111k IL.. p CODE CASE NUMBER IMAGE DATE { 2006110049 11/2/2006 r . IMAGE DESCRIPTION A At ¢ View of front of mobile home JM-52 -1111..... �' @. 1Y6♦ ;8• R• • r .6:4.:,:fi t • •i•. Yt.. . �♦ •.sea ... ♦! 6......fr.4•• .. ,::1:::1::::::::::t:::::::.:: _.:.., , -, -..., ;, ... _ CODE CASE NUMBER IMAGE DATE �� (.). , _,,,,,,,:::,,,,,,1,1".„, 2006110049 3/8/2007 IMAGE DESCRIPTION NOH posted at the property JM-52 4:t=t,k ,tF . lS Collier County Printed on 4/5/2007 4:01:24 PM CD-Plus for Windows 95/98/NT Page 5 c�ppUNTY EXHIBIT COUNTY EXHIBIT CODE CASE NUMBER IMAGE DATE 2006110049 3/8/2007 IMAGE DESCRIPTION posted at the courthouse JM-52 CODE CASE NUMBER IMAGE DATE ' 2006110049 11/2/2006 IMAGE DESCRIPTION Section of mobile home that was damaged by fire that needs to be properly sealed JM-52 • ..yy ,�p" •44 4' + + CODE CASE NUMBER IMAGE DATE 2006110049 11/2/2006 IMAGE DESCRIPTION Underneath kitchen sink in unsanitary condition JM-52 IDw: Collier County Printed on 4/5/2007 4:01:26 PM CD-Plus for Windows 95/98/NT Page 6 Slate of F LURIUA ouaty of COWER I HEREBY CERTIFY THAT this Is a true and BOARD OF COUNTY COMMISSIONERS correct copy Ot a document on file in COLLIER COUNTY, FLORIDA Board Minutes and Recoras of Collier Counts 1M ESS my ha .d a official seal this vs. 02 j . day of JILL J WEAVER, Respondent(s) DWIGHT E. BR" X, CLERK OF COURTS 3411 BASIN ST NAPLES, FL 34112 -lit . ' - 1 % D.C. V Case No.—2006030615 COLLIER COUNTY CODE ENFORCEMENT ORDER OF THE SPECIAL MASTER Alleged Violation: RENTING SINGLE FAMILY PROPERTY TO MORE THAN ONE PARTY; BLOCKING 2ND MEANS OF EGRESS Violation of: ORDINANCE 04-41 AS AMENDED SEC.2.02.03;04-51 SEC.6 Location: 3080 VAN BUREN AVE ' :X2700560005 0''..,.VC ,(FINDINGS OF FACT: ' 1. Respondent was charged by❑Citation® ohcy`oe•biolatistt and®wa„s❑was,of pt perly noticed regarding these proceedings,and ❑was was not present® David She kmafi *eared on_.ehal f the Resp• den'. 2. ❑The Violation is found to have existe 1 and/w.. -•i e . , io - ali ; figs.' 3. ❑ Respondent failed to comply by the fom• .an to •• e • 1 lishe by the Code Enforcement Investigator. THEREFORE, IT IS THE DETERMIN 'G0 l CAS' '�T i ^, / A.The subject violation Zwas❑was not is ' )' accordance with the " iot s �`-' oilier County Code of Laws and Ordinances. B. Based on the evidence presented,the Viola 01,;, ,' .und guilty or Ells e subject violation. The case is dismissed. IT IS HEREBY ORDERED THAT TH.901 ''''; O, i .. TAKEN: This case has been dismissed. 3 E CI?' The Violator/Respondent is ordered to ❑ The Violator is assessed$174.56 for costs incurred by the Code Enforcement Department during the prosecution of this case ❑ The Violator must notify the Code Enforcement Investigator when the violation has been abated so that a final inspection may he performed. CO L IER COUN Y CODE EN ill RCEMENT SPECIAL MASTER Lk lert IL As■ DATE 0.7 DA . GARRETSON NOTICE: This order will be recorded in the Public Records of Collier County and shall constitute a Lien against any and all of the violator's property. real or personal. Collier County may foreclose on any such lien which remains unpaid after three(3)months from the time the lien is tiled In the e n ent that outstanding tines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. RIGHT TO APPEAL: Either party may appeal this Order of the Special Master to the Circuit Court. Any appeal must be filed within thirty (30) days of the execution of the order to be appealed. Retn: SHIRLEY GARCIA *** 3825221 OR: 4023 PG: 0907 *** COD! ENFORCE/MET RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 W HORSESHOE DR 04/24/2006 at 10:13AM DWIGHT E. 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