Spec Master Minutes 07/21/2006
July 21,2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, July 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: Shirley Garcia - Secretary to the Special Master
Jeff Wright - Assistant County Attorney
Dennis Mitchell -Code Enforcement Supervisor
Jeff Klazkow - Assistant County Attorney
David Scribner -Code Enforcement Supervisor
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HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: July 21, 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 VERBA TIM 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 - July 07, 2006
A. MOTIONS
B. STIPULA TIONS - (no requests submitted at the time of preparation)
C. 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:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005091021
SOUTHERN MGMT, CORP
SUSAN O'FARRELL
04-41 SEe. 4.06.05
LIVE OAKS SEVERELY PRUNED & LIFTED
2006030815
MARION SMITH & JAMES SEALS EST.
JOE MUCHA
04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES
2006020108
DELIO & JOSE CONDOMINA
JOE MUCHA
05-44 SEe. 6 & 7
ACCUMULA TION OF LITTER
2006050400
MARTIN SOTO LOPEZ
THOMAS KEEGAN
04-41 SEe. 1.04.01, 2.01.00(A)
COMMERCIAL VEHICLE PARKED ON UNIMPROVED PROPERTY
2006050187
VICTOR GRIMALDO & LETICIO ESPARAZA
THOMAS KEEGAN
05-44 SEe. 6, 7 & 8
COMMERCIAL VEHICLE PARKED ON UNIMPROVED PROPERTY
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. NEW BUSINESS
2006050385
ROEL & MARIA VILLARREAL
CAROL SYKORA
04-4 SEe. 1.04.01
LARGE CONTAINER STORED ON UNIMPROVED PROPERTY
A. Request for Imposition of Fines/Liens
1. CASE NO:
OWNER:
OFFICER:
2. CASE NO:
OWNER:
OFFICER:
5. OLD BUSINESS
2005020181 & 2006031121
SAINT LOUIS MOISE
EVERILDO YBACET A & HEINZ BOX
2005100286
DAVID ESQUIV AL
CAROL SYKORA
1. CASE NO:
B. Request for Reduction of Fines/Liens
OWNER:
OFFICER:
2004120416-2005090984-2005070302-2005070300-2005090047-2005020148
2004120662-2005060363-2006010082
DA VID STEINBERG
JEFF LETOURNEAU
6. REPORTS - NO REPORTS
7. COMMENTS
8. NEXT MEETING DATE - Aug. 04,2006
9. ADJOURN
July 21,2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:48 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.
RECESS FOR STIPULATIONS - 8:57 A.M.
RECONVENED 9:21 A.M.
2. APPROVAL OF MINUTES - July 7, 2006
3. PUBLIC HEARINGS
A. MOTIONS - None
B. STIPULATIONS
2. Case #2006030815 - BCC vs. Marion Smith & James Seals Est.
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent(s) (Marion Smith) was present earlier and agreed to the Stipulation but left
before the Hearing was heard.
Violation(s): 04-41 Section 2.01.00 (A)
Unlicensed/Inoperable Vehicles
A Stipulation was agreed upon by the Respondent.
The violation address is 5408 Carlton Street, Collier County.
Finding the notice of hearing was properly served, and finding the respondent is found
GUILTY of the alleged violation and is ordered to obtain and affIX a current valid license plate
and repair any defects to make it operable or store the vehicle in an enclosed structure or
remove the vehicle from the area on or before August 21, 2006 or a fine of $50 per day will be
imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $126. 22 incurred by Code
Enforcement during the prosecution of this case on or before August 21,2006.
The Respondent is to notify the investigator within 24 hours of a workday to concur the
violation has been abated.
3. Case #2006020108 - BCC vs. Delio & Jose Condomina
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was present.
Translator was Shirley Garcia, Secretary to the Special Master.
The Respondent had no objection to her translating.
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July 21, 2006
Violation(s): 05-44 Section 6 & 7
Accumulation of Litter
The case started on February 2, 2006 on 55250 Gilcrest St. Much litter was observed as shown in
a packet of pictures given the Respondent and Special Master. (County Composite Exhibit "A")
Other pictures taken recently on July 18, 2006 are (County Composite Exhibit "B"). All photos
taken by Investigator Mucha. NOV was served on February 7, 2006 and given the Respondent
until February 17,2006 to comply. Many extensions had been granted the Respondent for
compliance.
Investigator Mucha also showed there had been 26 Code cases since 1994 with 13 of them being
cases of litter. This is a single-family residence at this time.
The Respondent testified he did whatever the Investigator told him to do. Also testified others
brought garbage to his property and he was helping the garbage persons to pick up the smaller
materials. He also took out three truckloads of material and was very costly.
Special Master Garretson explained the requirements and process for Collier County waste
materials to be picked-up.
The Respondent stated he will clean up the area and not allow anyone else to leave garbage there
any longer.
Finding the notice of hearing was properly served, the Respondent is found GUILTY of the
alleged violation(s) and is ordered to remove all litter to an appropriate waste disposal and/or
store in a completely enclosed structure on or before July 28, 2006 or a fine of $250 per day
will be imposed for each day the violation remains thereafter. Respondent is ordered to pay
Operational Cost in the amount of $142.54 incurred by Code Enforcement during the
prosecution of this case on or before August 21,2006.
Respondent is ALSO ORDERED to pay a $500 fine on or before August 21, 2006.
The Respondent is to notify the Investigator by July 31,2006 to concur the violation has been
abated.
1. Case #2005091021 - BCC vs. Southern Mlrt. Corp - Juvenal Blanco
This Hearing was requested by Code Enforcement Investigator Susan O'Farrell who was present.
The Respondent(s) was present and represented by his Attorney, Chris Thornton.
Violation(s): 04-41 Section 4.06.05
Live Oaks Severely Pruned and Lifted
A stipulation was agreed upon by the Respondent
Code Enforcement Investigator Susan O'Farrell testified Mr. Blanco signed the Stipulation and
read the stipulation into the record as per attached. The Respondent will follow the
recommendations given the County approved Arborist report dated June 8, 2006.
Attorney Thornton asked that this Order replace and supersede the previous Orders that have
different amounts and actions.
Special Master agreed to rescind the previous actions.
Attorney Thornton asked that an Affidavit of Completion be recorded after the three years if the
violation has been abated.
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July 21,2006
Finding the notice of hearing was properly served; the Respondent is found GUlL TY of the
alleged Violation(s) and is ordered to abate the violation by following the Arborist report (June
8, 2006) as detailed on the record by the Investigator on or before October 30, 2006 (If the
Arborist Report and the Stipulation or the Record differ, the Record and the Stipulation will
control) No permit would be required of the Respondent, however, if actions have not been
completed as Stipulated to, by the deadlines, afine of$150 per day will be imposed for each
day the violation remains thereafter.
Respondent is ordered to pay Operational Cost in the amount of $540.83 incurred by Code
Enforcement during the prosecution of this case on or before August 21,2006.
The Respondent is to notify Investigator each step of the abatement so a site inspection can be
done to concur the violation has been abated.
Code enforcement, through the Investigator, is ordered to reduce the Respondent's findings of
abatement to an "Affidavit of Completion " if the abatement has occurred and record it in the
Public Records.
If the Respondentfinds they cannot comply in the time frame given, due to an actual
Hurricane Emergency by Collier County, the Respondent is to contact the Investigator and ask
for an Extension of time.
5. Case # 2006050187 - BCC vs. Victor Grimaldo & Leticio Esparaza
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): 05-44 Section 6, 7 & 8
Commercial Vehicle Parked on Unimproved Property (The violation was for Litter)
A stipulation was agreed upon by the Respondent.
Violation address is 906 Immokalee Drive, Immokalee, Florida. Litter consisted of many items
in which were listed by the Investigator.
Finding the notice of hearing was properly served; the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to remove all litter on or before July 24, 2006 or a fine of
$100 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $113. 46 incurred by Code
Enforcement during the prosecution of this case on or before August 21,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
6. Case #2006050385 - BCC vs. Roel & Maria Villarreal
This Hearing was requested by Code Enforcement Investigator Carol Sykora 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. 1.04.01
Large Container Stored on Unimproved Property
A Stipulation was agreed upon by the Respondent.
Address of Violation is Doak Ave., Immokalee, Florida.
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July 21,2006
Finding the Notice of Hearing was properly served, the Respondent is found GUILTY of the
alleged violation and is ordered to abate the violation by removing the container on or before
July 31,2006 or afine of $100 per day will be imposed for each day the violation remains
thereafter.
Respondent is ordered to pay Operational Costs in the amount of$137.30 incurred by Code
Enforcement during the prosecution of this case on or before August 21,2006.
The Respondent is to notify the Investigator 24 hours to concur the violation has been abated.
4. Case #2006050400 - BCC vs. Martin Soto Lopez
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): 04-41 Sec. 1.04.01,2.01.00 (A)
Commercial Vehicle Parked on Unimproved Property
A Stipulation was agreed upon by the Respondent.
Address of Violation is 612 New Immokalee Road, Immokalee, Florida.
Finding the Notice of Hearing was properly served; the Respondent is found GUILTY of the
alleged violation(s) and is ordered to abate the violation by removing all vehicles on or before
July 24, 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 $124.34 incurred by Code
Enforcement during the prosecution of this case on or before August 21,2006.
The Respondent is to notify the Investigator24 hours of a workday to concur the violation has
been abated.
4. NEW BUSINESS
A. Request for Imoosition of Fines/Liens
1. Cases #2005020181 & 2006031121- BCC vs. Saint Louis Moise
Code Enforcement Investigators Everildo Ybaceta and Heinz Box were present.
The Respondent was also present.
Investigator Ybaceta (#2005020181) - Operational Costs $115.77 - no fines due.
The Respondent abated the violation and was in compliance by the date specified but has not paid
the Operational Costs.
Investigator Box (#2006031121) - Fine 01$500 plus Operational Costs.
The Respondent testified he has been ill and can no longer do his job as a painter. He explained
the reasons for his inability to obtain employment.
Assistant County Attorney recommended continuing the case.
David Scribner clarified the State Statutes requires the County impose "Imposition of Fines" and
afford the Respondents the opportunity to contest the impositions. There will be many more of
these cases in the future.
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July 21,2006
Special Master CONTINUED Cases #2005020181 & 2006031121 for 3 months.
Case#2006031121 the fine of $500 was imposed in which the Respondent owes $680.66.
Case#200502018lthe Operational Costs are $115.77.
In three months it will be decided whether a lien needs to be imposed on the Respondents
property or a payment plan worked out.
Total owed= $796.43
Case #200604053 - BCC vs. Russell Leehaul! TR.. Leehaul! Familv TR.
This Case had been CONTINUED from the June 16th, 2006 Hearing.
Code Enforcement Investigator Heinz Box was present.
The Respondent was not present.
The violation was no Rental Registration at 4221 Gulf Stream Drive, Naples. The Respondent
has since complied.
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$154.54 on or before
August 21,2006.
2. Case #2005100286 - BCC vs. David ESQuival
Code Enforcement Investigator Carol Sykora was present.
The Respondent was also present.
Investigator Sykora requested Fines and Operational Costs for the violation of no Rental
Registration on October 7, 2005 when the case had begun. The Hearing was on February 17,
2006 to pay Operational Costs and abate the violation by February 27,2006 or a $100 a day fine
would be imposed.
On April 19, 2006 the case ended as the property had been sold. The new owners were unaware
ofthe Code Violation and abated the violation by paying the Rental Registration.
The Case was deferred until after the following case was heard.
5. OLD BUSINESS
A. Request for Reduction of Fines/Liens
1. Case #'s 2004120416, 2005090984, 2005070302,2005070300,2005090047,2005020148,
2004120662,2005060363,2006010082 -BCC vs. David Steinberg
The Respondent was not present but represented by his Attorney Steve Blount. (Woodward,
Pires & Lombardo, P.A.) His client being Diamond Shores Affordable Housing LLC - owner of
the property. David Steinberg is not the owner as it is a Corporation.
Code Enforcement Investigator Jeff Letourneau was also present.
Special Master was aware of the correct name being Diamond Shores Affordable Housing LLC.
A spreadsheet was provided the Special Master for reduction of fines they are requesting.
Amount being $14,996.90 (attached).
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July 21,2006
Attorney Blount explained the difference between who the parties are with Diamond Shores and
other owners such as the Condominium Association having been combined many times and these
two entities are not always fully understood. He explained the trailer units, common elements
and the real estate itself. His client owns the interior of the unit - from the unfinished interior of
the ceiling to the unfinished interior of the floor and interior ofthe walls. The Association has
never been a party to any of the cases, nor cited, despite many of the violations occurring on
common elements that belong to the Assoc. and all the unit owners.
His client is the minority owner and does not control the Assoc. He owns 55 units out of approx.
130 units and his client is not Al Bottino.
His client is trying to bring the property under unified ownership so it can be redeveloped. There
is a buyer to purchase his clients units and Mr. Bottino's. He explained the monetary situation in
order to sell the property and the need to reduce the fines. The park is shut down with no rents
being collected.
He further explained some of the repair issues are not his client's responsibility, although they
have agreed to pay the reduced fines, which they are requesting, and stated it was a fair number.
Attorney Blount continued to discuss and explain the various unit addresses, repair issues and
fines. His client was unable to obtain permits in some cases. They have agreed to pay the fines
through September.
The Special Master remembered there were things in the interior that didn't have anything to do
with the exterior that were appalling. Special Master would like to take this under advisement
and review the pictures.
David Scribner - Code Enforcement Supervisor - clarified a statement by Attorney Blount.
The property being discussed is owned by Diamond Shores Limited (his client) and the individual
lots belong to his client according to the public land records.
Jeff Klazkow - Assistant County Attorney testified the property and ownership group is in
abomination. It is set-up so there is no responsibility of repairs on Mr. Blount's client's part. His
client has been impossible to deal with and from the County Attorney's standpoint; the fines
should not be reduced.
Attorney Blount responded his client got stuck in the ownership structure. He continued to
explain the sales transaction his client is involved in. Attorney Blount agreed the property is in
bad shape. His client evicted the tenants because the units have to be demolished.
Ownership - Attorney Blunts client - 55 units
Mr. Bottino owns - 65 or 70
Individual Owners - 15 or 20
Special Master responded it is rather disingenuous of the parties to state they can't do anything
because they need to go to the Assoc. when it is really Mr. Bottino they have to go to. The
Association is basically two men and understands the two men are adversaries.
David Scribner pointed out the other 15-20 owners have not had any problems and are able to
keep up their properties. It is Mr. Bottino and Mr. Blount's client that have not been able to keep
up their units.
7
July 21,2006
Special Master has driven through the area being discussed and stated abomination is not too
strong of a word for the area. She wants to view pictures previously presented and will then issue
an Order.
Attorney Blount's client knows they have to pay the fines, are asking for a reasonable reduction
and asking the Court and County to help them so they can get the transaction completed and the
property redeveloped. He explained the reasoning behind the reduction in fines with the different
property units.
Investigator Letourneau stated Attorney Blount's client has not been very reasonable in any of
the cases.
THE SPECIAL MASTER WILL TAKE THIS CASE UNDER ADVISEMENT AND THEN
WILL MAKE A RULING.
RECESS -11:23 AM
RECONVENED - 11 :36 AM
Case #2005100286 continued: (David Esquival)
The Investigator gave the facts previously stated and mentioned the Respondent did not appear
for the previous Hearing. The new owners were not aware of the lien on the property.
The date of the deed is March 17,2006 and recorded on March 24,2006.
The Title Company failed to research the lien and notify the new owners. Investigator Sykora
stated the owners had gone to the Title Company and the fines have been cleared, as it was an
error.
The new owners have not been notified of this Hearing.
Discussion followed as the Respondent had not been at the previous Hearing.
Attorney Wright stated the Respondent is the violator and needs to be responsible for violating
the Code.
The fine was accepted as being accurate and imposed it at $5,500 with the Operating Costs at
$184.93 totaling $5,684.93. The County is to moveforward with procedures pursuant to the
Ordinance for collection of amounts due.
2. APPROVAL OF MINUTES - July 7, 2006
The Minutes ofthe Special Master Hearing for July 7, 2006 were approved by Special Master Garretson.
6. REPORTS - None
7. COMMENTS - Dennis Mitchell announced the Training Session that was tentative for July 28th has
been postponed until further notice. Ms. Arnold advised they could perhaps get maximum attendance of
the seasonal residents if held later in the season. Special Master Garretson has been invited to participate.
8. NEXT MEETING DATE -_August 4, 2006
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 11 :49 PM.
8
July 21,2006
RECONVENED AT 11:50 AM
In the Case of David Esquival-total fine was $5,500 - based on $100 per day for each day the fine
remains unpaid. This was based on the timeframe from February 22,2006 to the compliance date of
April 19, 2006.
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 11:51 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
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