Spec Master Minutes 07/07/2006
July 7, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, July 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: Shirley Garcia - Secretary to the Special Master
Jeff Wright - Assistant County Attorney
Dennis Mitchell - Supervisor Code Enforcement
I
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: July 7, 2006, at 8:45 a.m.
Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Naples, Florida
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 SPECIAL MASTER SHALL BE RESPONSIBLE FOR
PROVIDING THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
3. PUBLIC HEARINGS
2. APPROVAL OF MINUTES - May 19, 2006 & June 16, 2006
A. MOTIONS
1. Motion for Extension of time - Ronald Zbikowski
CO 4229
4. STIPULATIONS - (2.) MARION COOK
(16.) RONALD & NANETTE BRIJA
B. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006030862
2006040188
PU 2252
KENNETH & DAVID SOLOW
JOE BIANCHI
ORD. SEe. 01-73 SEe. N
ILLEGAL HOOKUP TO COLLIER COUNTY WATER LINE
2006030862
MARION COOK
CAROL SYKORA
ORD. 04-41 SEe. 1.04.01
COMMERCIAL VEHICLES/TRAILERS ON UNIMPROVED PROPERTY
2006040682
JEAN CLAUDE MARTEL
JEFF LETOURNEAU
ORD. 04-58 SEe. 6 SUB SEC. I9A, 12B, 121, I2L, & 12N
MINUMUM HOUSING VIOLATIONS
2006020768
ROBERT FLICK
JOHN SANT AFEMIA
04-58 SEe. 9, 11, 12C, 121120, 12P, I9A, 19D, &20
MINUMUM HOUSING 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:
VIOLA TIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006010081
EFIGENIO & BENIGNO NUNEZ
JACK FORDHAM
04-41 SEe. 4.05.03(A) & 04-58 SEC. 6(17)
PARKING OR STORING VEHICLES ON NON STABILIZED SURFACE
2006050413
RONALD ABEL
JACK FORDHAM
04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES ON PROPERTY
2006050381
JOHN & HELEN SLIMACK
IAN JACKSON
04-41 SEC. 2.01.00(A)
UNLICENSED VEHICLE PARKED ON PROPERTY
2006040832
FRANCIS P. LORD
IAN JACKSON
05-44 SEe. 6 & 7
ACCUMULATION OF LITTER
2006030178
FRANCISCO RIOS
EVERILDO YBACET A
05-44 SEC. 7
LITTER
2006040080
RONALD HAAR
EVERILDO YBACETA
04-58 SEe. 6(I2N)(I5)
MAINTENANCE OF POOL & POOL ENCLOSURE DAMAGED
2006030900
FEDERICO & MARIA ESPINOSA
JOE MUCHA
04-41 SEe. 4.05.03(A)
PARKING VEHICLES ON GRASS
2006040458
MARIANO SIERRA
JOE MUCHA
04-58 SEC. 7(2)
FAILURE TO OBTAIN RENTAL REGISTRATION
2006040215
MARIANO SIERRA
JOE MUCHA
04-41 SEC. 2.01.00(A)
F AlLURE TO OBTAIN RENTAL REGISTRATION
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:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006040875
ANDRE V ANCOL
JOE MUCHA
05-44 SEe. 6, 7 & 8
ACCUMULATION OF LITTER
2006010713
STEVEN SCHMIDT
JOE MUCHA
04-41 SEe. 2.01.00(B)
BOA T & TRAILER BEING STORED ON SIDE OF RESIDENCE
2006040188
RONALD & NANETTE BRIJA
JOE MUCHA
04-41 SEe. 2.01.00(A)
INOPERABLE VEHICLES ON PROPERTY
2006040920
RENE & NORMA ORTIZ
JOE MUCHA
04-41 SEe. 2.01.00(A) & 4.05.03(A)
UNLICENSED & INOPERABLE VEHICLES ON PROPERTY
2006030920
GARY & JENNIFER HURST
THOMAS KEEGAN
81-42 SEC. 1
NO OCCUPATIONAL LICENSE
2006050151
DIONICIO & CORINNA MARTINEZ
THOMAS KEEGAN
04-41 SEC. 2.01.00(C)
COMMERCIAL EQUIPMENT ON ZONED RMF-6
2006050077
LARA GUILLERMO & mANA CRUZ
THOMAS KEEGAN
04-41 SEe. 1O.02.06(B)(I)(A) & 02-01 104.1.3.5
NO PERMIT FOR CANOPY ZONED RSF-3
2006040650
MIRIAM HERNANDEZ & RUBEN RUlZ
THOMAS KEEGAN
04-41 SEe. 2.01.00(A)
INOPERABLE VEHICLES ON PROPERTY
2006040788
ADAM HERRERA & PEDRO HERRERA EST.
THOMAS KEEGAN
05-44 SEe. 6, 7 & 8
ACCUMULATION OF LITTER
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. OLD BUSINESS-
6. NEW BUSINESS -
2006030179
ALICIA LOPEZ & ARCADIA ZEPEDA
THOMAS KEEGAN
05-44 SEC. 6, 7 & 8
ACCUMULATION OF LITTER
2006010376
DITMAR BETZ
THOMAS KEEGAN
04-58 SEe. 7
NO RENTAL REGISTRATION
2006030904
ARMANDO YZAGUIRRE
THOMAS KEEGAN
81-42 SEe. 1
NO OCCUPATIONAL LICENSE
A. Request for Reduction of Fines/Liens - Sheila Lewis
Case: 2005091124
7. COMMENTS-
8. NEXT MEETING DATE - July 21,2006
9. ADJOURN -
July 7,2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:47 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 gave the Respondents an opportunity to speak with their
Investigating Officer before conducting the Hearing for a Resolution by stipulation;
looking for Compliance without being punitive.
BREAK FOR STIPULATIONS - 8:54 A.M.
RECONVENED 9:33 A.M.
2. APPROVAL OF MINUTES - Mav 19, 2006 & June 16, 2006
The Millutes of May 19, 2006 alld JUlie 16, 2006 were reviewed alld approved by the Special
Master.
3. PUBLIC HEARINGS
A. MOTIONS - None
B. STIPULATIONS - (2) Marion Cook - 2006030862
Cecelia Deifik appeared for the Respondent.
Code Enforcement Investigator Carol Sykora was also present.
Violation(s): 04-41 Section 1.04.01
Commercial Vehic1es/Trailers on Unimproved Property
Violation was found at 320 Wells Street, Immokalee and was inspected
on June 26,2006 and found to be abated.
A stipulation was agreed upon by the Respondent.
Filldillg the Notice of Hearing was properly served, alld fill ding the
violatioll did exist, but was CORRECTED prior to today's Hearillg,
Respolldetlt is foulld guilty of the alleged violatioll(s) alld is ordered to
pay Operational Costs ill the amoullt of$194.91 illcurred by Code
Ellforcemellt during the prosecutioll of this case which have been paid
previous to the Hearillg.
(16) Ronald & Nanette Brija - 2006040188
Respondents reside out of State and were not present.
Code Enforcement Investigator Joe Mucha was present.
Violation(s): 04-41 Section 2.01.00 (A)
Inoperable Vehicle on Property
2
July 7,2006
A stipulation was agreed upon by the Respondent and a fax sent to the
Investigator with a hard copy being sent by mail.
Filldillg the Notice of Hearing was properly served, alld filldillg the
violatioll did exist, but was CORRECTED prior to today's Hearillg,
Respolldellt is found guilty of the alleged violatioll(s) alld is ordered to
pay Operatiollal Costs in the amoullt of $137.10 illcurred by Code
Ellforcement durillg the prosecutioll Of this case 011 or before August 4,
2006.
FURTHER STIPULA TIONS
7. Case #2006050381- BCC vs. John & Helen Slimack
This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present.
The Respondents were not present.
Violation(s): 04-41 Section 2.01.00 (A)
Unlicensed Vehicle Parked on Property
A Stipulation was agreed upon by the Respondent.
Findillg the Ilotice of hearing was properly served, alld filldillg the violation did exist, but was
CORRECTED prior to today's hearillg, Respolldellt isfoulld guilty of the alleged violatioll(s)
and is ordered to pay Operatiollal Costs in the amount of $116.47 illcurred by Code
Enforcement durillg the prosecutioll of which have beell paid prior to this Hearillg.
8. Case #2006040832- BCC vs. Francis P. Lord
This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present.
The Respondent was not present. His son appeared on the Respondents behalf who is co-owner
ofthe property.
Violation(s): 05-44 Section 6 & 7
Accumulation of Litter
A stipulation was agreed upon by the Respondent.
Filldillg the Ilotice of hearillg was properly served, the Respolldellt is foulld GUlL TY of the
alleged violatioll(s) alld is ordered to remove all litter to an appropriate waste disposal amI/or
store ill a completely ellc/osed structure 011 or before July 14, 2006 or a fille of $1 00 per day
will be imposed for each day the violatioll remaills thereafter. Respondellt is ordered to pay
Operatiollal Cost ill the amoullt of $127.80 illcurred by Code Ellforcemellt during the
prosecutioll of this case on or before August 7, 2006.
The Respondent is to notify the Illvestigator with ill 24 hours of a workday to COil cur the
violatioll has been abated
3
July 7, 2006
11. Case #2006030900 - BCC vs. Federico & Maria Espinosa
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent(s) were present earlier and agreed to the Stipulation but left before the Hearing
was heard.
Violation(s): 04-41 Section 4.05.03 (A)
Parking Vehicles on Grass
A stipulation was agreed upon by the Respondent
Code Enforcement Investigator Box explained the violation of an unlicensed vehicle on their
property which has now been abated.
Filldillg the Ilotice of hearillg was properly served,' the ReSpOlldellt is foulld GUILTY Of the
alleged Violatioll(s) alld is ordered to move the vehicles either from the residelltially ZOlled area
or to all approved stabilized surface made of COllcrete, crushed stolle, asphalt or pavers alld
affIX the valid licellse plate 011 or before July 10, 2006 or a fille of $50 per day will be imposed
for each day the violatioll remaills thereafter.
Respolldent is ordered to pay Operatiollal Cost ill the amoullt of$145.14 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 01l or before August 7,2006.
The ReSpOlldellt is to 1l0tifY Illvestigator with ill 24 hours of a workday to COllcur the violatioll
has beell abated.
14. Case # 2006040875 - BCC vs. Andre Vancol
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): 05-44 Section 6, 7 & 8
Accumulation of Litter
A stipulation was agreed upon by the Respondent.
Filldillg the Ilotice of hearing was properly served; alld filldillg the violatioll did exist, but was
CORRECTED prior to today's Hearillg, Respolldellt is foulld guilty of the alleged violatioll(s)
alld is ordered to pay Operatiollal Costs ill the amOUllt of $126.22 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7,2006.
15. Case #2006010713 - BCC vs. Steven Schmidt
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): 04-41 Sec. 2.01.00 (B)
Boat and Trailer being stored on Side of Residence.
4
July 7,2006
A Stipulation was agreed upon by the Respondent.
Filldillg the Notice of Hearillg was properly served, the Respolldellt isfoulld GUILTY of the
alleged violatioll alld is ordered to relocate the recreatiollal vehicle to all ellclosed structure,
rear yard or adjacellt to waterway or remove the vehicle from all area ZOlled residelltial 011 or
before July 10, 2006 or a jille of $50 per day will be imposed for each day the violatioll remaills
thereafter.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of$126.22 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7, 2006.
The Respolldellt is to notifY the Illvestigator 24 hours to cOllcur the violation has beell abated.
(July 11, 2006)
17. Case #2006040920 - BCC vs. Rene & Norma Ortiz (Co-Owners)
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): 04-41 Sec. 2.01.00 (A) & 4.05.03 (A)
Unlicensed & Inoperable Vehicles on Property
A Stipulation was agreed upon by the Respondent.
Filldillg the Notice of Hearillg was properly served; the Respolldellt isfoulld GUILTY of the
alleged violatioll(s) alld is ordered to affIX a valid licellse plate to the vehicle or store the
vehicle ill a completely enclosed structure, or remove the vehicle 011 or before July 12, 2006 or
a jille of $50 per day will be imposed for each day the violatioll remaills thereafter.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of $162.85 illcurred by Code
Enforcemellt during the prosecutioll of this case on or before August 7,2006.
The Respolldellt is to 1l0tifY the Investigator24 hours of a workday to cOllcur the violatioll has
beell abated.
18. Case #2006030920 - BCC vs. Garv & Jennifer Hurst
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
Violation(s): 81-42, Section 1
No Occupational License
A Stipulation was agreed upon by the Respondent.
Violation was found at 2940 29th Avenue NE.
Findillg the Notice of Hearillg was properly served, the Respondellt isfoulld GUILTY of the
alleged violatioll(s) alld is ordered to cease all business related activities at 29th Avenue NE or
obtaill the proper Occupational Licellse 011 or before July 14, 2006 or a jille of $250 per day
will be imposed for each day the violation remains thereafter.
5
July 7,2006
Respolldellt is ordered to pay Operatiollal Costs in the amount of $118.90 incurred by Code
Ellforcemellt durillg tile prosecutioll of this case 011 or before August 7,2006.
The Respolldent is to 1l0tifY the Investigator by July 17,2006 to concur the violatioll has been
abated.
19. Case #2006050151- BCC vs. Dionicio & Corinna Martinez
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 04-41 Section 2.01.00 (C)
Commercial Equipment on Zoned RMF-6
A stipulation was agreed upon by the Respondent.
Violation was found at 810 Jackson Street, Immokalee.
Filldillg the Notice of Hearillg was properly served, tile Respolldent is foulld GUILTY of the
alleged Violatioll(s) and is ordered to remove all commercial equipment from the property or
store it ill a rear yard and concealed from view in a completely ellc/osed structure 011 or before
July 10, 2006 by 5:00 PM or a fille of $500 per day will be imposed for each day the violation
remains thereafter.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of$113.46 incurred by Code
Ellforcemellt during the Prosecutioll of this case 011 or before August 7, 2006.
The Respolldellt is to 1l0tifY the Illvestigator with ill 24 hours to COil cur the violation has been
abated. (July 11, 2006)
20. Case #2006050077 - BCC vs. Lara Guillermo & Juana Cruz
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent( s) were not present.
Violation(s): 04-41 Section 10.02.06 (B) (1) (A) & 02-01 104.1.3.5
No Permit for Canopy Zoned RSF-3
A Stipulation was agreed upon by the Respondent.
Filldillg the Ilotice of hearillg was properly served, alld filldillg the Violatioll did exist but was
CORRECTED prior to today's Hearillg, Respondent is foulld guilty of the alleged violatioll(s)
and is ordered to pay Operatiollal Costs ill the amoullt of $113.46 illcurred by Code
Enforcement durillg the prosecutioll of this case alld ofwhicll has been paid prior to this
Hearillg.
21. Case #2006040650 - BCC vs. Miriam Hernandez & Ruben Ruiz
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent(s) were not present.
6
July 7,2006
Violation(s): 04-41 Section 2.01.00 (A)
Inoperable Vehicle on Property
A Stipulation was agreed upon by the Respondent.
The violation was found at 3680 54th Avenue NE.
Filldillg the Notice of Hearing was properly served, the Respolldellt is foulld GUlL TY of the
alleged violatioll(s) alld is ordered to obtain alld affIX a current valid licellse plate to each
trailer, or repair the defects to the vehicles so they may be operable or store them ill a
completely ellclosed structure or remove them from the property 011 or before July 14, 2006 or
a fille of $1 00 per day will be imposed for each day the violatioll remaills thereafter.
Respolldent is ordered to pay Operational Costs ill the amoullt of $118. 90 illcurred by Code
Enforcemellt durillg the prosecutioll of this case on or before August 7, 2006.
The Respondellt is to notifY the Investigator by July 17, 2006 to COil cur the violatioll has beell
abated.
1. Case #PU 2252 - BCC vs. Kenneth & David Solow
This Hearing was requested by the Respondent who was present.
The Public Utility Investigator Joe Bianchi was also present.
Violation(s): 01-73 Section N
Illegal Hook-up to Collier County Water Line
A Stipulation was agreed upon by the Respondent.
The Respondent testified the water line is on an easement and someone attached a spikit to it. He
stated it happens to be on his property and he is the one in violation paying the fine. He stated if
the water line is owned by Collier County, he requested Public Utilities place a cover or case over
it so it is not accessible.
Findillg the Ilotice ofhearillg was properly served; the respolldent isfoulld guilty of the alleged
violatioll(s) and is ordered to pay the fine of $305011 or before August 7, 2006.
Respondellt is ordered to pay Operational Cost in the amount of $50 illcurred by Code
Enforcemellt durillg the prosecutioll of this case 011 or before August 7, 2006.
4. Case #2006020768 - BCC vs. Robert Flick
This Hearing was requested by Code Enforcement Property Maintenance Specialist John
Santafemia who was present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
Violation(s): 04-58 Section 9,11, 12C, 121, 120, 12P, 19A, 19D & 20
Minimum Housing Violation
A Stipulation was agreed upon by the Respondent.
7
July 7,2006
The violation was found at 1278 Highlands Drive with numerous housing violations.
Filldillg the Notice of Hearillg was properly served, the Respolldellt isfoulld GUILTY of the
alleged violatioll(s) alld is ordered to abate the violatioll by repairillg all brokell willdows, holes
ill the door, illterior pailltillg of walls, replace brokell or missillg outlet covers, make all
exterior light fIXtures operable, ellclose roof gables, remove alllalldscape debris, repair
leakillg water lille alld make smoke detectors operable 011 or before July 21,2006 or afille of
$250 per day will be imposedfor each day ANY of the violatiolls remaill therefore.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of$216.91 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7,2006.
The Respolldellt is to 1l0tifY Illvestigator with ill 24 hours of a workday to cOllcur the violatioll
has beell abated.
10. Case #2006040080 - BCC vs. Ronald Haar
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
A Stipulation was agreed upon by the Respondent.
Violation(s): 04-58 Section 6 (l2N) (IS)
Maintenance of Pool & Pool Enclosure Damaged
Filldillg the Ilotice ofhearillg was properly served, the Respolldent(s) isfoulld GUILTY of the
alleged violatioll(s) alld is ordered to erect a temporary Collier COUllty approved fellce to
secure the pool area immediately, to draill the pool alld mailltaill it drailled to remove the
safety hazard ulltil such time as the pool equipmellt is fIXed. If the pool is to have water ill it, it
will be mailltailledfreefrom algae alld illfestatioll or afille Of $450 per day will be imposedfor
each day the violatioll remaills thereafter.
Respolldellt is ALSO ORDERED to hire a properly licellsed Collier COUllty COlltractor to apply
for alld obtaill permits to erect the permallellt safety fellce pool ellclosure 011 or before July 21,
2006 alld obtaill a Certificate of Completioll 011 or before September 7, 2006 or a fille of $200
per day will be imposed for each day the violatioll remaills thereafter.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of $133.76 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7,2006.
Respolldellt is to Ilotify Illvestigator with ill 24 hours of a workday to cOllcur the violatioll has
beell abated.
If Respolldellt has difficulty ill obtaillillg the permits by July 21, 2006, Respolldellt is to cOlltact
the Illvestigator "showillg a good faith effort" to do so alld at that time a deadlille call thell be
extellded by the Illvestigator.
9. Case #2006030178 - BCC vs. Francisco Rios
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present as he was out of the Country.
8
July 7,2006
Violation(s): 05-44 Sec. 7
Litter
The Stipulation was agreed upon by the Respondent by telephone.
The violation has been abated.
Filldillg the Ilotice of hearing was properly served, alld filldillg the violatioll did exist but was
CORRECTED prior to today's Hearillg, Respolldellt isfoulld guilty of the alleged violatioll(s
and is ordered to pay Operatiollal Costs ill the amount of $159.94 incurred by Code
Ellforcemellt during the prosecutioll of this case 011 or before August 7, 2006.
RECESS -10:30 AM
RECONVENED - 10:42 AM
3. Case #2006040682 - BCC vs. Jean Claude Martel
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent was also present.
Violation(s): 04.58 Section 6 Sub-sections 19A, 12B, 121, 12L & 12N
Minimum Housing Violations
Supervisor Letourneau testified he found numerous housing violations to the mobile trailer
including damage to the roof, holes in the walls & windows, skirting was damaged and had
broken windows with no screens. Seemed to be hurricane damage related. Notice of Violation
was served, and Respondent came to the office asking for time to obtain a Demolition Permit. He
was given an extension of time until the end of June. The Permit was not obtained so submitted
the case to the Special Master Hearing.
Pictures were submitted into evidence.
The property is located on Karen Drive in the Bayshore area.
The Respondent stated the trailer can't be fixed and ifhe cannot obtain a permit from the County
he will put another trailer on the property without a permit as he has done it in the past.
Special Master Garretson reminded the Respondent that the County Ordinances should be
complied with and will be enforced.
Supervisor Letourneau stated it has been determined recently a mobile home is a vehicle type
dwelling and regulated by the State. He then does not need a Demolition Permit to remove the
home. However, the Respondent needs to repair it or have it removed.
Discussion followed on personal reasons the Respondent has not been able to remove the mobile
home.
Supervisor Letourneau started this case on April 18, 2006. The Respondent has also been before
the Special Master on May 2005 on another case for litter and has had fines of $150 a day, owing
in excess of $55,500.
It was noted his property could be taken away from him.
Special Master Garretson read the long list of violations.
9
July 7,2006
Filldillg the Ilotice of hearing was properly served; the respolldellt is foulld GUlL TY of the
alleged violatioll(s} and is ordered to remove the mobile home or repair all minimum housillg
violatiolls. Respondellt will also obtaill a Demolitioll permit and Certificate of Occupallcy if
they are required, 011 or before September 7, 2006 or a fille of $250 per day will be imposed for
each day the violatioll remains thereafter.
Respolldellt is also ordered to pay Operatiollal Costs ill the amoullt of$151.13 illcurred by
Code Enforcemellt durillg the prosecution of this case 011 or before August 7, 2006
Respondellt is to 1l0tifY the lllvestigator with ill 24 hours of a workday to concur the violatiolls
has beell abated.
Special Master Garretson stated the law states if the Respondent does not comply, the County
can put a lien on his property and foreclose on it. The Respondent can also appeal.
5. Case #2006010081 - BCC vs. Efil.!enio & Benil.!no Nunez
This Hearing was requested by Code Enforcement Investigator Jack Fordham who was present.
The Respondents were also present.
Juan Arregyan (brother-in-law) was the Translator and does not reside at the residence.
Violation(s): 04-41 Section 4.05.03 (A) & 04-58 Section 6 (17)
Parking or Storing Vehicles on Non-Stabilized Surface
Investigator Fordham testified on November 19,2005 in Golden Gate City area, he observed
multiple vehicles parked on the grass. He advised Respondent of violation in which violations
continued. A citation was then issued on December 10,2005. Violations would be abated, and
then continue to occur again. Pictures were given to the Special Master.
The Translator (Juan Arregyan) testified they have no other place to park. There are many
visitors so they surrounded the residence with a fence. There are 7 family members residing in
the home with 4 vehicles on the property. They have no money to extend the driveway at this
time so are asking for an extension of time.
Investigator Fordham stated there may be tenants in the house and a business being run out of the
dwelling. He has observed many people coming and going.
Fillding the notice of hearillg was properly served, the respolldent is foulld guilty of the alleged
violatioll(s} alld is ordered to pay a fille of $250 on or before September 7, 2006 alld to correct
the violation 011 or before August 7, 2006 or afille of $150 per day will be imposedfor each day
the violatioll remains thereafter. Respondellt is ordered to pay Operatiollal Cost ill the amount
of $215.3 7 incurred by Code Enforcemellt durillg the prosecutioll of this case 011 or before
September 7, 2006.
A Site Development Plan and possibly Right-a.f Way permits and Certificate of Completion will
need to be obtained and approved.
lfthe house is being leased, or if a business is being run out of the home the proper permits and
licenses will also need to be obtained.
10
July 7, 2006
6. Case #2006050413 - BCC vs. Ronald Abel
This Hearing was requested by Code Enforcement Investigator Jack Fordham who was present.
The Respondent was also present.
Violation(s): 04-41 Sec. 2.01.00 (A)
Unlicensed/Inoperable Vehicles on Property
Violation address is 2172 41 st Terrace SW in which he found 6 unlicensed vehicles in the yard.
The Respondent has had previous violation citations and pictures were shown.
The Respondent testified prior violations have been abated. He agreed he now has 4 vehicles on
the property without license plates. The hurricane destroyed the structure he had the vehicles
stored in. He asked for 3 weeks to abate the problem. His hobby is collecting these vehicles.
Filldillg tile Ilotice of hearillg was properly served, the respondellt is foulld guilty of the alleged
violation(s) and is ordered to abate the violation 011 or before July 28, 2006 or afille of$50.00
per day will be imposed for each day the violation remains thereafter.
Respolldellt is ordered to pay Operational Cost ill tile amoullt of$161.57 incurred by Code
Ellforcement durillg the prosecutioll of this case 011 or before August 7,2006.
The respolldellt must Ilotify Code Ellforcemellt with ill 24 hours of a workday to concur the
violatioll has beell abated.
25. Case #2006030904 - BCC vs. Armando Yzal!uirre
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was also present.
Violation(s): 81-42 Section 1
No Occupational License
Address of violation is 211 New Immokalee Road East, Immokalee. The business is selling truck
parts without an Occupational License. After talking with the Respondent he found no license
has been filed with the County.
The Respondent stated he had a Site Development Plan that expired last year. They planned on
building a convenience store. The auto parts store was an after thought and renewed their SDP in
March 2006. The Occupational License acquired is for a packinghouse and not for retail. Not
fully understanding and knowing the proper codes the Respondent was not able to get the work
done to obtain the proper license. As soon as the paperwork etc. is finished, it will be done.
Fillding the Notice of Hearing was properly served, the Respolldellt is foulld GUILTY of the
alleged violatioll(s) alld is ordered to abate the violatioll by obtaillillg the Ilecessary licellse(s)
or cease busilless 011 or before July 24,2006 or afille of $150 per day will be imposedfor each
day the violation remains thereafter.
Respolldent is ordered to pay Operatiollal Costs ill the amoullt of $124.34 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7,2006.
The Respondent is to Ilotify the Illvestigator withill 24 hours of a workday to COil cur the
violatioll has been abated.
II
July 7,2006
13. Case #2006040215 - BCC vs. Mariano Sierra
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): 04-41 Section 2.1. 00 (A)
Unlicensed/Inoperable Vehicle
Violation was found at Naples Manor 5321 Martin Street. The Respondents address is Miami.
He then also found the property is rented with no Rental Registration. There was some confusion
on the address so posted the property on May 22,2006. He attempted to contact the tenants to no
avail. The NOV was also posted at the Courthouse.
Filldillg the Ilotice of hearing was properly served, with due diligellce ill filldillg the owner
(Respolldent), the Respolldent is foulld GUILTY of the alleged violation(s) alld is ordered to
comply 011 or before July 21,2006 or pay afine of $50 per day will be imposedfor each day the
violatioll remains thereafter.
Respolldent is ordered to pay Operatiollal Costs ill the amoullt of $145.15 illcurred by Code
Enforcement durillg the prosecutioll of this case 011 or before August 7,2006.
The Respolldent is to 1l0tifY Illvestigator with ill 24 hours of a workday to cOllcur the violatioll
has beell abated.
12. Case #2006040458 - BCC vs. Mariano Sierra
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): 04-58 Sec. 7 (2)
Failure to obtain Rental Registration
Violation and posting was at 5321 Martin Street in Naples Manor. Also posted the NOV at the
Courthouse.
Filldillg the Ilotice of hearing was properly served, with due diligence in fill ding the owner
(Respolldellt), the Respolldent is foulld GUILTY of the alleged violation(s) alld is ordered to
comply 011 or before July 21, 2006 or a fine of $50 per day will be imposed for each day the
violatioll remains thereafter.
Respolldellt is ordered to pay Operatiollal Costs ill the amoullt of $126.32 incurred by Code
Ellforcement during the prosecutioll of this case 011 or before August 7,2006.
The Respolldellt is to 1l0tifY Illvestigator with ill 24 hours of a workday to COil cur the violatioll
has beell abated.
22. Case #2006040788 - BCC vs. Adam Herera & Pedro Herrera Est.
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6, 7 & 8
Accumulation of Litter
12
July 7,2006
Violation was found at 1122 Immokalee Drive. Case was started on April 24, 2006 with
numerous site visits made. As of July 6, 2006 some debris still remains.
Filldillg the Ilotice ofhearillg was properly served, the Respolldellt isfoulld GUILTY of the
alleged violatioll(s) alld is ordered to abate the violation by removillg all litter or put in proper
storage by July 14, 2006 or a fille of $1 00 per day will be imposed for each day the violatioll
remaills thereafter.
Respondellt is ordered to pay Operatiollal Costs ill the amoullt of $118.90 incurred by Code
Ellforcemellt durillg the prosecutioll of this case on or before August 7, 2006.
The Respondellt is to Ilotifj; the Illvestigator withill 24 hours of a workday to COil cur the
violatioll has been abate.
23. Case #2006030179 - BCC vs. Alicia Lopez & Arcadia Zepeda
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6, 7 & 8
Accumulation of Litter
Violation found at 233 Adams Ave., East Immokalee on March 6,2006. NOV was posted with
the mailed copy returned. Site visit was made on July 6, 2006 and some debris still remains.
Filldillg the Ilotice of hearing was properly served, the Respolldellt is foulld GUILTY of the
alleged violatioll(s) alld is ordered to remove the accumulatioll of litter or place ill proper
storage 011 or before July 21, 2006 or a fille of $1 00 per day will be imposed for each day the
violatioll remaills thereafter.
Respolldellt is to pay Operatiollal Costs ill the amoullt of $118.90 illcurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7, 2006.
The Respolldellt is to Ilotifj; the Illvestigator 011 July 24th, 2006 by 5:00 PM to COil cur the
violation has beell abated.
24. Case # 2006010376 - BCC vs. Ditmar Betz
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 04-58 Section 7
No Rental Registration
Violation was found at 3790 Weymount Circle on January 13, 2006. Spoke with Respondent and
mailed NOV which was returned.
Fillding the notice of hearillg was properly served, the Respolldellt is foulld GUILTY of the
alleged violatioll(s) alld is ordered to comply by Registerillg the property as a Relltal facility 011
or before July 14, 2006 or a fine of $25 per day will be imposed for each day the violatioll
remaills thereafter.
13
July 7,2006
Respolldellt is order to pay Operatiollal Costs ill the amoullt of $129.78 incurred by Code
Ellforcemellt durillg the prosecutioll of this case 011 or before August 7,2006.
Respolldellt is ALSO ORDERED to pay a late fee of$180 on or before August 7, 2006.
The Respolldellt is to Ilotify Investigator with ill 24 hours of a workday to concur the violatioll
has been abated.
5. OLD BUSINESS
A. Request for Extension of Time - Ronald Zbikowski - CO 4229
Respondent stated he has been ill and asked for an extension. He stated there
has been vandalism with the vehicles on his property. He bought a backhoe to
comply with the violation but that has been vandalized also.
Code Enforcement Investigator Chris Ambach stated the violation is for litter and the
case has already been heard. The violation was to be abated by the 16th and the
Respondent was to contact him when this was done. A fine of $1 00 per day is being
Accrued.
The Respondent stated he contacted a Sheriffs Deputy (neighbor on his street) to take
care of the vandalism. A police report had not been made. His resides at 291 11 th Street
SW. The Respondent discussed other issues, then what he requested the Hearing for. He
was not aware of the $100 a day fine being discussed.
Investigator Ambach has not accessed the property, as the Respondent had not notified
him of the abatement.
Shirley Garcia testified on the 16th the Respondent attended a hearing and was aware he
was to comply. Code Enforcement Director, Michelle Arnold also spoke with the
Respondent concerning his compliance status.
Special Master Garretson read the orders given at the Hearing. Minutes ofthe May 19th
hearing were read for the Respondents benefit.
The request for all extellsioll was DENIED.
The case started with the Ileighbors complaiflillg ill October 2005. It was illvestigated in
December 2005 alld Notice of Violation was givell ill Jalluary 2006. The case was heard
before the Special Master in April 2006, the Respolldent askedfor a cOlltilluallce ulltil May,
which was Ilot heard, allotlter contilluallce was asked for June 2006 and has Ilot been abated
as of to day's date. All illordillate amoullt of time has passed for the violation to be abated.
Respolldellt is to Ilotify the Investigator whell the violatioll has been abated.
6. NEW BUSINESS
B. Request for Reduction of Fines/Liens - Shelia Lewis - Case #2005091124
The Respondent testified she never received a Notice of the Violation. She discussed personal
reasons and issues which took her out of the area at the time and not appearing at the Hearing.
She stated she replaced sod in her front yard and had pictures to show she never had a ditch in the
yard. She had receipts of the installation of the sod.
14
July 7,2006
Code Enforcement Investigator Ian Jackson testified the case began on October 2005. He
attempted personal service in serving the NOV on October 4, 2005 at the listed address of 2024
Holiday Lane which was a rental property. He left a card asking the tenants to relay it to the
Respondent. The Notice was then posted on the property and at the Courthouse.
It was found, according to the Ordinance. that the Notice was properly se1l'ed.
The Respondent stated there was no permit requirement to put the sod down (2003).
Respondent testified she contacted Transportation and asked permission for putting the sod down.
Staff stated she did not need a permit and gave her a copy of the Ordinance. She stated there is
now a ditch that was never there before. Respondent stated she first read the report today.
After going back and forth to Transportation and Code Enforcement she was told from Code she
needed a permit. In the meantime she has removed the sod and now has a ditch.
Investigator Jackson has a written statement from Mr. Henry of Collier County in the file.
The Respondent stated Mr. Henry told her all he saw was what he had been told by Investigator
Jackson and to take up the sod to accommodate Code Enforcement. She then read his report that
had been written to Investigator Jackson.
Special Master Garretson stated Mr. Henry noted the dirt had to be removed.
Assistant County Attorney was concerned they seemed to be re-trying the case and the
Respondent is not contesting the fine itself or that she committed the violation. The question is
should the fines be abated as requested. There is a specific provision in the Code Enforcement
Board Regulations - Article 12. There are 9 factors to consider before going forward with the
request. Five of the requirements have not been met to be considered at the Hearing.
Special Master Garretson has discretion of what to hear or allow the Respondent to state. The
Respondent was not at the Hearing to give testimony and is allowing it to see what the
Respondents position would have been if she would have been in attendance.
Assistallt COUllty Attorney was asked to put these factors on the record.
Article 12, Section 1 of the Code Enforcement Board Rules & Regulations
Florida Statute 162.13 to abate fines
. Name and names of all owners
. Address
. Physical Address of subject property
. Nature of the Violation
. Description of the abatement of the Violation
· Date of Abatement
. Mitigating Factors
. Other factors considered by the Board
. Supporting Documentation
The motion seems to be defective. as the Respondent does not have all the above factors.
Investigator Jackson stated he called the Respondent the day of the Hearing to inform her of
what needed to be done and was hung up on. He also stated he objected to the reduction.
15
July 7,2006
The Respondent responded she was in Chicago and had a personal family illness and could not
talk to Investigator Jackson. She stated the fine does not match the crime. She stated Code
Enforcement was not respectful or friendly when she tried to deal with the violation to come
into compliance. She talked about appealing and the number of days she had to appeal.
Special Master Garretsoll took the Respolldellt's testimollY as truthful regardillg the 33 days
for appealillg alld her persollal family issues. She remillded the Respondent the Illvestigator
was doillg his job alld was beillg accommodatillg in placillg a telephone call to her alld it
was Ilot appropriate for her to hallg up 011 him. He was doillg his job.
Thefine was REDUCED from 7,812.79 to $1,212.79.
7. COMMENTS - None
8. NEXT MEETING DATE - July 21, 2006
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 1:13 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER HEARING
Special Master, Brenda Garretson
16