Spec Master Minutes 08/04/2006
August 4, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, August 4, 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 - Code Enforcement Coordinator
Jeff Wright - Assistant County Attorney
Dennis Mitchell-Code Enforcement Supervisor
1. CALL TO ORDER
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: August 04, 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
3. MOTIONS
2. APPROVAL OF MINUTES - July 21, 2006
A. STIPULATIONS:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
4. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005020167
HOLISTIC HEALTH CARE, ROBERT CONTI REG. AGENT
AZURE SORRELS
ORD. SEe. 04-41 SEe. 5.06.03(CC)
ILLUMINATING ACCENT LIGHTING AROUND SUPPORT COLUMNS AND
DAMAGED "0" IN MOTEL SIGN
2006050099
ROBERT FLICK
JEFF LETOURNEAU
ORD. 04-58 SEe. 7 SUB SEe. 2
FAILURE TO REGISTER RENTAL PROPERTY IN COLLIER COUNTY
2006050114
ROBER T FLICK
JEFF LETOURNEAU
ORD. 04-58 SEe. 6 SUB SEC. 12B, C, I, L, M
MINIMUM HOUSING VIOLATIONS
DAS 11001 & 11002
GARY FITZGERALD
BONNIE KUBIZSAK
ORD. 14-36 SEe. A 2
ALLOW ANIMAL TO RUN AT LARGE
2. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11152
LOUSENA GUSTAVE
WILLIAM GEORGE
ORD. 14-41 SEe. A 5
TORMENT OR DEPRIVE ANY ANIMAL OF WHOLESOME OR GOOD,
SUFFICIENT QUANTITY, FOOD AND WATER
SO 155573
MICHAEL HUBBS
DON LOTHROP
ORD. 130-66
PARKED IN PUBLIC ACCESS ROAD
SO 111589
LINSEY ANNE SCHOLLAERT
CHRISTOPHER ALLEN
ORD. 130-67
HANDICAPPED SPACE
PU 2314
RICHARD PLUMMER
JIM FRENCH
ORD. 05-44 SEe. 5, 6, 7 & 8
ACCUMULA TION OF LITTER ON ENTIRE PROPERTY
CE 2321
CLIFFORD CHMIEL
HEINZ BOX
ORD. 130-66 I(F)
ALONGSIDE ROAD IN RIGHT OF WAY
2006040775
RICARDO RAMIREZ & SONIA GARCIA
HEINZ BOX
ORD.04-41
ACCUMULATION OF LITTER ON PROPERTY
2006020911
JEREMIAH DORAN & HASAN KARAGOZ
THOMAS KEEGAN
ORD. 05-44 SEe. 6, 7 & 8
ACCUMULA TION OF LITTER ON PROPERTY
2006030101
JAMES & JUDY BLAKE
EVERlLDO YBACET A
ORD. 05-44 SEe. 7
LITTER-DEAD TREES AND DEBRIS
2006050391
CELESTE GARCIA
CAROL SYKORA
ORD. 05-44 SEe. 6, 7 & 8
ACCUMULATION OF 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:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006050277
CELESTE GARCIA
CAROL SYKORA
ORD. 04-41 SEe. 2.01.00A
UNLICENSED VEHICLE ON PROPERTY
2006050900
VOLTAIRE & GUERDA JEAN
JOE MUCHA
ORD. 04-41 SEe. 2.01.00A & 4.05.03A
UNLICENSED & INOPERABLE VEHICLES ON PROPERTY
2006050399
JUAN & MARIA OCEGUERA
JOE MUCHA
ORD 04-41 SEe. 2.01.00A
UNLICENSED & INOPERABLE VEHICLES ON PROPERTY
2006020265
DELIUS ADEKA
JOE MUCHA
ORD. 04-41 AS AMENDED SEe. 5.03.02(A)(2)(3) & 5.03.02(A)(7)
OBSERVED A FENCE STRUCTURE IN DETERIORATING CONDITIONS
2006050930
CHARLES & DONNA A YLSWOR TH
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 2.01.00(B)(C)
RECURRING VIOLATION-PROHIBITED STORAGE OF COMMERCIAL VEHICLE
AND/OR TRAILER ON RES. PROPERTY
2006040807
PAUL ZAINO
IAN JACKSON
2004 FLORIDA BLDG CODE SEe. 105.1
CHAIN LINK & WOODEN PRIVACY FENCE CONSTRUCTED WITHOUT A
PERMIT
2006031019
PAUL ZAINO
IAN JACKSON
ORD. 04-41 AS AMENDED SEe. 4.05.03(A)
PROHIBITED PAVING IN EXCESS OF THE ALLOWED 40% IN A SINGLE F AMIL Y
RESIDENCE
2006040707
LEOBARDO & JO ANNE FLORES
JEFF LETOURNEAU
ORD. 04-58 SEe. 1,5,12A,B,C,I,J,K,L,M,0,Q, 19A,C & D
SEVEREL Y DAMAGED MOBILE HOME & MINIMUM HOUSING VIOLATIONS
2006031034
RICHARD JANDRO
JEFF LETOURNEAU
ORD. 04-58 SEe. 7(2)
FAILURE TO REGISTER RENTAL PROPERTY IN COLLIER COUNTY
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
26. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
5. OLD BUSINESS -
2006040196
RICHARD JANDRO
JEFF LETOURNEAU
ORD. 04-58 SEC. 6 SUB SEe.9,11,12C,E,N,P, 19A,C, & 20
UNLICENSED VEHICLES/TRAILERS ON PROPERTY/LITTER ON PROPERTY
2006040685
MARIA ALFARO
CRISTINA PEREZ
ORD. 04-41 AS AMENDED SEe. 2.01.00(A)(C)
UNLICENSED VEHICLE AND STORAGE OF COMMERCIAL VEHICLE ON
PROPERTY
2006020770
MANUELA & ELIAS HERRERA
CRISTINA PEREZ
ORD. 04-41 AS AMENDED SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLES PARKED ON PROPERTY
2005110533
ORALIA HINOJOSA
CRISTINA PEREZ
SEe. 2.6.7.3.1 OF ORD 91-102 AS AMENDED TO ORD. SEe. 2.01.00(C) ORD. 04-41
UNLICENSED VEHICLE PARKED ON DRIVEWAY
2006050760
ESTEBAN & RITA MARTINEZ
CRISTINA PEREZ
ORD. 05-44 SEe. 6 & 7
ACCUMULATION OF LITTER
2006040689
RICARDO & IRMA MONTES
CRISTINA PEREZ
ORD. 05-44 SEe. 6 & 7
ACCUMULATION OF LITTER
2006010158
JESUS & LAURA PEREZ
CRISTINA PEREZ
ORD. 04-41 SEe. 2.01.00(A) & 4.05.03(A)
UNLICENSED/INOPERABLE VEHICLES IN REAR OF PROPERTY
A. Request for Imposition of Fines/Liens:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005080392
ROSEMONDE GERMILUS
JOHN OLNEY
ORD. 04-58 SEe. 6
PROPERTY MAINTENANCE VIOLATIONS
6. NEW BUSINESS
7. REPORTS-
8. COMMENTS
9. NEXT MEETING DATE - August 22, 2006
10. ADJOURN
August 4, 2006
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:50 AM. All those testifying at these proceedings today did so under oath.
B. Hearing Rules and Regulations were given by Special Master Garretson.
Special Master Garretson 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: 9:02 A.M.
RECONVENED: 9:20 A.M.
2. APPROVAL OF MINUTES - July 21, 2006
The Minutes of the Special Master Hearing for July 21, 2006 were approved by Special Master
Garretson.
3. MOTIONS - None
A. STIPULATIONS
1. Case #2005020167 - BCC vs. Holistic Health Care, Robert Conti, Reeistered Aeent
This Hearing was requested by Code Enforcement Investigator Azure Sorrels, who was present.
The Respondent, Robert Conti, was also present.
Violation(s): 04-41 Section 5.06.03 (CC)
Illuminating accent lighting strung around support columns and damaged "0" in motel sign
A Stipulation was agreed to by the Respondent.
Respondent also submitted a statement which was entered into evidence.
Finding the notice of hearing was properly served and finding the violation(s) did exist, but
was CORRECTED prior to today's hearing, Respondent isfound GUILTY of the alleged
violations.
On August 1, 2006, the Respondent paid the Operational Costs of $172.34 which were incurred
by Code Enforcement during the prosecution of this case.
Respondent sought further clarification concerning the length of time allowed for holiday
celebrations and acceptable holiday lighting. Time frames are apparently not specified in the
Code. After a lengthy discussion, the Special Master ruled that Mr. Conti is allowed to display
holiday lighting at the same time that Coastland Mall begins its holiday lighting which is usually
a week before Thanksgiving. He is allowed to keep the lighting in place until one week after
Easter. Per the Special Master, this specific ruling applies only to Mr. Conti and his business
located at 11238 Tamiami Trail East.
2. Case #2006050099 - BCC vs. Robert Flick
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent was not present.
Violation(s): 04-58, Section 7, Sub. Sec. 2
Failure to register rental property in Collier County
2
August 4, 2006
A stipulation was agreed upon by the Respondent.
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violation(s} and is ordered to obtain a Collier County Rental Registration or to remove
all tenants from the premises on or before August 18, 2006, or a fine of $250 per day will be
imposed for each day the violation remains thereafter.
On August 2, 2006, Respondent paid the Operational Costs in the amount of $162.92 incurred
by Code Enforcement during the prosecution of this case.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
3. Case #2006050114 - BCC vs. Robert Flick
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent was not present.
Violation(s): 04-58, Section 6, Sub. Sec. 12B, C, I, L, M
Minimum housing violations
A Stipulation was agreed to by the Respondent.
Fillding 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 repairing all minimum housing
violations on or before September 5,2006, or afine of$100 per day will be imposed for each
day the violation remains thereafter.
On August 2, 2006, Respolldent paid the Operational Costs in the amount of $171.16 incurred
by Code Enforcement during the prosecutioll of this case.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
20. Case #200604196 - BCC vs. Richard Jandro
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent was present, but left before the Hearing was heard.
Violation(s): 04-58, Section 6, Sub. Sec. 12B, C, I, L, M
Minimum housing violations
A Stipulation was agreed to 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 the violation by repairing all minimum housillg
violatiolls on or before January 4, 2007, 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 $220.60 incurred by Code
Enforcement during the prosecution of this case on or before September 4,2006.
The Respondent is to notifY the investigator within 24 hours of a workday to concur that
violatioll has been abated.
3
August 4, 2006
9. Case #2006030101 - BCC vs. James and Judv Blake
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondents were not present.
Violation(s): 05-44, Sections 6 and 7
Litter - dead trees and debris
A Stipulation was agreed to by the Respondent.
Finding the notice of hearing was properly served, the Respondents are found GUILTY of the
alleged violation(s) and are ordered to remove the litter, dead trees and debris on or before
October 4, 2006, or a fine of $1 00 per day will be imposed for each day the violation remains
thereafter.
Respondents were ordered to pay Operational Costs in the amount of $140.28 incurred by Code
Enforcement during the prosecution of this case on or before September 4,2006.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
10. Case # 2006050391- BCC vs. Celeste Garcia
This Hearing was requested by Code Enforcement Investigator/Acting Supervisor Carol Sykora
who was present.
The Respondent was not present.
Violation(s): 05-44, Sections 6, 7 and 8
Accumulation of litter on property
A Stipulation was agreed to by the Respondent.
Investigator Sykora stated that the litter consisted of, but was not limited to, wood, tires, metal,
rusted trailer, inoperable motorcycle, and landscape debris.
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to remove the litter, wood, tires and debris on or before
August 11, 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 $137.30 incurred by Code
Enforcement during the prosecution of this case on or before September 4,2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
11. Case # 2006050277 - BCC vs. Celeste Garcia
This Hearing was requested by Code Enforcement Investigator/Acting Supervisor Carol Sykora
who was present.
The Respondent was not present.
Violation(s): 04-41, Section 2.0 1.00(A)
Unlicensed vehicle on the property
4
August 4, 2006
A Stipulation was agreed to 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 $143.68 incurred by Code
Enforcement during the prosecution of this case on or before September 4,2006.
23. Case # 2005110533 - BCC vs. Oralia Hinojosa
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 91-102, Sections 2.6.7.3.1, amended to 2.01.00(C)
Unlicensed vehicle parked on driveway
A Stipulation was agreed to 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).
On August 3, 2006, Respondent paid the Operational Costs in the amount of $195.91 incurred
by Code Enforcement during the prosecution of this case.
26. Case #2006010158 - BCC vs. Jesus and Laura Perez
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent, Jesus Perez, was present earlier but left before the Hearing was heard.
Violation(s): 04-41, Section 2.01.00(A)
Unlicensedlinoperable vehicles in rear of property
A Stipulation was agreed to 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, Respondents arefound GUILTY of the alleged
violation (s).
Respondents are ordered to pay the Operational Costs in the amount of $141. 09 incurred by
Code Enforcement during the prosecution of this case on or before September 4,2006.
21. Case #2006040685 - BCC vs. Maria M. Alfaro
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 04-41, Section 2.01.00(A) and (C)
Unlicensed vehicle and storage of commercial vehicle on property
A Stipulation was agreed to by the Respondent.
5
August 4, 2006
Finding the notice of hearing was properly served, and finding the violation(s) did exist but
was CORRECTED prior to today's hearing, Respondent isfound GUILTY of the alleged
violation (s).
Respondent is ordered to pay the Operational Costs in the amount of $135.60 incurred by Code
Enforcement during the prosecution of this case on or before September 4, 2006.
25. Case #2006040689 - BCC vs. Ricardo and Irma Montes
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondents were present earlier and agreed to the Stipulation but left before the Hearing
was heard.
Violation(s): 05-44, Section 6 and 7
Accumulation of litter
A Stipulation was agreed to by the Respondents.
Finding the notice of hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's hearing, Respondents arefound GUILTY of the alleged
violation (s).
Respondents are ordered to pay the Operational Costs in the amount of$141.09 incurred by
Code Enforcement during the prosecution of this case on or before September 4,2006.
22. Case #2006020770 - BCC vs, Manuela and Elias Herrera
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondents were present earlier but left before the Hearing was heard.
Violation(s): 04-41, as amended, Section 2.0 1.00(A)
Unlicensed/inoperable vehicles parked on property
A Stipulation was agreed to by the Respondents.
Finding the notice of hearing was properly served, and finding the violation(s) did exist but
was CORRECTED IJrior to today's hearing, Respondents arefound GUILTY of the alleged
violation (s).
On August 4,2006, the Respondents paid the Operational Costs in the amount of $130.12
incurred by Code Enforcement during the prosecution of this case.
12. Case #2006050900 - BCC vs. Voltaire and Guerda Jean
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent, Voltaire Jean, was present earlier and agreed to the Stipulation but left before
the Hearing was heard.
Violation(s): 04-41, Section 2.01.00(1) and 4.05.03(A) and
Unlicensedlinoperable vehicles on property
A Stipulation was agreed to by the Respondent.
6
August 4, 2006
Fillding the notice of hearing was properly served, and finding the violation(s) did exist but
was CORRECTED prior to today's hearing, Respondents arefound GUILTY of the alleged
violation (s.)
The Respondents are ordered to pay the Operational Costs in the amount of $135.43 incurred
by Code Enforcement during the prosecution of this case on or before September 4,2006.
13. Case #2006050399 - BCC vs. Juan and Maria Oceeuera
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent, Juan Oceguera, was present earlier but left before the Hearing was heard.
Violation(s): 04-44, Section 2.01.00(A)
Unlicensed/inoperable vehicles property
A Stipulation was agreed to by the Respondent.
Finding the notice of hearing was properly served, the Respondents are found G UIL TY of the
alleged violatioll(s) and are ordered to obtain a current, valid license plate and affIX it to the
vehicle, or to store the vehicle within a completely enclosed structure, or to remove the vehicle
from the premises on or before August 9, 2006, or a fille of $50 will be assessed for each day
the violatioll remains thereafter.
The Respondents are ordered to pay the Operational Costs in the amount of$129.25 incurred
by Code Enforcement during the prosecution of this case on or before September 4,2006.
Respondents are to 1I0tifY the Illvestigator within 24 hours of a workday to concur the violation
has been abated.
2. Case # DAS 11152 - BCC vs. Lousena Gustave
This Hearing was requested by Code Enforcement Investigator William George who was present.
The Respondent was not present.
Violation(s): 14-41, Section A5
Torment or deprive any animal of wholesome or good, sufficient quantity, food and water
Domestic Animal Services Field Investigator William George stated that he spoke with Mrs.
Gustave after he wrote the citation and turned it in. They agreed that ifthe Respondent
surrendered the animal to Domestic Animal Services, the Investigator would ask that citation be
dismissed.
It was ordered that since the animal had been surrendered to Domestic Animal Services as
agreed, the citation was DISMISSED.
19. Case No. 2006031034 - BCC vs. Richard Jandro
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
Respondent was not present.
Violation(s): 04-58, Section 7(2)
Failure to register rental property in Collier County
7
August 4, 2006
Supervisor Jeff Letourneau stated that there is a backlog at the County concerning the entering of
new Rental Property registrations. Apparently Mr. Jandro had registered his property on time,
but the form was not entered into the County's computer. This is the County's error.
The request to withdraw the violation was granted.
18. Case #2006040707 - BCC vs. Leobardo and Joanne Flores
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent, Joanne Flores, appeared by telephone. (She lives in Chicago.)
Violation(s): 04-58, Section 1, 5, 12A, B, C, I, J, K, L, M, 0, Q, 19A, C & D
Severely damaged mobile home and minimum housing violations
On April 19, 2006, Supervisor Letourneau assessed the property that had sustained severe
damage by Hurricane Wilma. He took photographs of the premises and sent them to the
Respondent with the notice via certified mail giving her the option to either repair the damage or
to have the mobile home removed from the premises. The County introduced into evidence
copies ofthe various photographs ofthe mobile home to be marked as Exhibit "A". During a
follow-up conversation, Supervisor Letourneau gave the Respondent the names and phone
numbers of contractors for her to contact. As oftoday's hearing, nothing has been done on the
mobile home to repair it. There are safety concerns for the remaining neighborhood because,
should another hurricane come through the area, the debris from this property would be strewn
throughout the area with the potential to cause harm to persons and property.
(A telephone call was placed to the Respondent. Due to mechanical failure with the speaker
phone, the Respondent's testimony was relayed to the Court by Shirley Garcia.)
The Respondent stated that she has been unable to contact the former husband who now resides in
Mexico. The Respondent did not qualify for FEMA assistance since neither she nor her former
husband were residing in the mobile home at the time of Hurricane Wilma. She understands the
seriousness of the matter and stated that she has limited financial resources. The Respondent has
been unable to contact her former spouse. The mobile home had been occupied by relatives of
her former husband who indicated that the damage was minor, and that they would repair the
damage. The Respondent has not been in Florida in approximately four years.
It was explained to the Respondent that Collier County would have the option to remove or
demolish the property as a public nuisance if abatement was not completed by the end of the two
month period, but that the costs for such removal would be accessed to the Respondent.
Finding the notice of hearing was properly served, the Respondent is found GUILTY of the
alleged violation(s) and is ordered to repair all minimum housing violations, or to remove the
mobile home from the site or to demolish it on or before October 4, 2006, or a fine of $250 will
be assessed for each day the violation remains thereafter.
Collier County shall have the option to remove or demolish the property as a public nuisance
and the costs for such removal will be assessed to the Respondent in addition to any other
imposed fines.
The Respondent is ordered to pay the Operational Costs in the amount of$187.64 incurred by
Code Enforcement during the prosecution of this case 011 or before September 4,2005.
8
August 4, 2006
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
16. Case #2006040807 - BCC vs. Paul Zaino
This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
Violation(s): 2004 Florida Building Code, Section 105.1
Chain link and wooden privacy fence constructed without a permit
A Stipulation was agreed to 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 a permit on or before August 18, 2006, and is
further ordered to obtain a certificate of completion by on or before October 4, 2006, or a fine
of $50 will be assessed for each day the violation remains thereafter. Respondent may remove
the unpermitted fencing in order to abate the violation.
The Respondent is ordered to pay the Operational Costs in the amount of $116.29 incurred by
Code Enforcement during the prosecution of this case on or before September 4,2006.
Re~pondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
17. Case #2006040807 - BCC vs. Paul Zaino
This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present.
The Respondent was present earlier but left before the Hearing was heard.
Violation(s): 04-41, as amended, Section 4.05.03(A)
Prohibited paving in excess of the allowed 40% in a single-family residence
A Stipulation was agreed to by the Respondent.
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to remove the excess pavement from the front yard area on
or before August 11, 2006, or a fine of $25 will be assessed for each day the violation remains
thereafter.
The Respondent is ordered to pay the Operational Costs in the amount of $130.32 incurred by
Code Enforcement during the prosecution of this case on or before September 4,2006.
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
RECESS: 11 :20AM
RECONVENED: 11 :30AM
18. Case #2006040707 - BCC vs. Flores
The Special Master entered into the record the photograph that was displayed on the screen in
reference to the previous case, BCC vs. Flores, be presented to the Court and labeled as County's
Exhibit "A".
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August 4, 2006
6. Case # CE 2321- BCC vs. Clifford Chmiel
This Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent was present as was his son, Clifford, who appeared as a witness.
Violation(s): 130-66 l(F)
Alongside road in right-of-way
The Respondent testified that he is not disputing the $30.00 parking fine, but is seeking
information in order to obtain a permanent solution for the lack of parking in his area. The
Brookside community consists of small, single-family homes each having a single driveway.
Off-street parking is not available. The street is wide and parking in the right-of-way does not
obstruct traffic.
The Respondent's son testified that no one was aware that an ordinance concerning the parking
existed. They are not aware of any publicity concerning the ordinance. The properties were built
in the 1950s on small lots. The only available parking is on the street in the right-of-way. There
are a number of retired individuals living in Brookside on fixed incomes who can not afford to
expand their driveways. This is an on-going problem for the Brookside residents and their
visitors.
The Special Master directed the Respondent to contact County Commissioner Diana Fiala
concerning the zoning problem.
Finding the notice of hearing was properly served; the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to pay a fine of $30.00. Operational Costs were not
assessed.
15. Case #2006050930 - BCC vs. Charles and Donna Avlsworth
This Hearing was requested by Code Enforcement Investigator Ian Jackson who was present.
The Respondents were present.
Violation(s): 04-41, as amended, Section 2.01.00(B) (C)
Recurring violation - prohibited storage of commercial vehicle and/or trailer on residential
property
Finding the notice ofhearing was properly served, the Respondents are found GUILTY of the
alleged violation(s) and are ordered to relocate the commercial vehicles/trailers to the rear yard
and conceal same from view of the neighboring properties and from view from the street, or to
relocate the vehicle/trailer to a completely enclosed structure, or remove the vehicle/trailer
from the premises on or before August 8,2006, or afille of$lS0 will be imposedfor each day
the violation remains thereafter.
The Respondents are ordered to pay the Operational Costs in the amount of$127.97 incurred
by Code Enforcement during the prosecution oftltis case on or before September 4,2006.
The Respondents are to notify the Illvestigator within 24 hours of a workday to concur the
violation has been abated.
3. Case # SO 155573 - BCC vs. Michael Hubbs
This hearing was requested by Collier County Sheriffs Deputy Don Lothrop who was present.
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August 4, 2006
The Respondent was not present.
Violation(s): 130-66
Parked in public access road
Deputy Lothrop stated while on routine patrol on April 12, 2006, he entered the parking lot for
the Home Depot facility, located at Airport and Davis in Naples, and observed a vehicle parked in
the public access road - not in a clearly designed parking spot or under the portico in the
specified loading zone. The vehicle was cited for violation of the Ordinance. The Deputy was
unable to contact the owner of the vehicle although he waited for ten minutes
Finding the citation properly served, the Respondent was found GUILTY of the alleged
violation(s) and is ordered pay a fine of $30.00 on or before September 4, 2006.
The Respondent is ordered to pay the Operational Costs in the amount of $50 incurred during
the prosecution of this case.
4. Case #SO 111589 - BCC vs. Linsev Anne Schollaert
The Respondent's husband was present on her behalf.
Deputy Christopher Allen was not present.
Therefore, the case was DISMISSED.
5. Case #PU 2314 - BCC vs. Richard Plummer
The Respondent was present.
Public Utilities Officer Jim French was not present.
Therefore, the case was DISMISSED.
PUBLIC HEARINGS
1. Case # DAS 11901 and 11902 - BCC vs. Garv Fitzl!erald
This Hearing was requested by Animal Control Officer Bonnie Kubicsek who was present.
The Respondent was not present.
Violation(s): 14-36, Section A2
Allowing animal to run at large
The citations reference the two dogs, i.e., the husky and the chow mix.
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violation(s) and is ordered to pay fines of $500.00 for each citation for a total of $1,000
on or before September 4, 2006.
The Respondent is ordered to pay the Operational Costs in the amount of $1 00. 00 incurred
during the prosecution of this case on or before September 4,2006.
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August 4, 2006
7. Case #2006040775 - BCC vs. Ricardo Ramirez and Sonia Garcia
The hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondents were not present.
Violations(s): 04-41, Sec. 2.01.00(A)
Unlicensed and inoperable vehicles on property
The violation address is 4106 Mohawk Place, Collier County.
Finding the notice of hearing was properly served, the Respondents are found GUILTY of the
alleged violation(s) and are ordered to obtain a current, valid license plate and affIX it to the
vehicle, or to store the vehicle within a completely enclosed structure, or to remove the vehicle
from the premises on or before August 9, 2006, or a fine of $50 will be assessed for each day
the violation remains thereafter.
The Respondents are ordered to pay the Operational Costs in the amount of $148.73 incurred
by Code Enforcement during the prosecution of this case on or before September 4,2006.
Respondents are to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
8. Case #2006020911 - BCC vs. Jeremiah Doran and Hasan Karaeoz
The hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondents were not present.
Violations(s): 05-44, Sec. 6, 7 and 8
Accumulation of litter on the property consisting of tires, rims, and cardboard
The violation address is 806 Charlotte Street, Immokalee, FL
Finding the notice of hearing was properly served, the Respondents are found GUlL TY of the
alleged violation(s) and are ordered to remove the litter on or before August 11, 2006, or a fine
of $1 00 will be assessed for each day the violation remains thereafter.
The Respondents are ordered to pay the Operational Costs in the amount of $151.54 incurred
by Code Enforcement during the prosecution of this case on or before September 4,2006.
Respondents are to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
14. Case #2006020265 - BCC vs. Delius Adeka The hearing was requested by Code
Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violations(s): 04-41, as amended, Sec. 5.03.02(A) (2) (3) and 5.03.02(A) (7)
Observed a fence structure in deteriorating conditions
The violation address is 5314 McCarthy Street, Collier County.
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violation(s) and is ordered to obtain proper permits from Collier County, repair the
fence structure or to demolish it and to remove the debris from the premises by August 24, 200,
or a fine of $50 will be assessed for each day the violation remains thereafter.
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August 4, 2006
The Respondent is ordered to pay the Operational Costs in the amount of $164.28 incurred by
Code Enforcement during the prosecution of this case Oil or before September 4,2006.
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
24. Case #2006050760 - BCC vs. Esteban and Rita Martinez
The hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondents were not present.
Violations(s): 05-44, Sec. 6 and 7
Accumulation of litter
Fillding the notice of hearing was properly served, and finding the violation(s) did exist but
was CORRECTED prior to today's hearing, Respondent arefound GUILTY of the alleged
violation(s) and are ordered to pay the Operational Costs in the amount of $130.12 incurred by
Code Enforcement during the prosecution of this case on or before September 4, 2006.
5. OLD BUSINESS
A. Request for Imposition of Fines/Liens
1. Case #2005080392 - BCC vs. Rosemonde Germilus
The hearing was initially requested by Code Enforcement Investigator John Olney who is
no longer with the County. Dennis Mitchell appeared in his place.
The Respondent was present, and Daniel Morisma was present as a witness.
Violations(s): 04-58, Sec. 6
Property maintenance violations.
Mr. Mitchell stated that the fines of $8,774.82 represented 86 days of non-compliance
together with Operational Costs. Mr. Mitchell was not opposed to a reduction ofthe fine,
as requested by the Respondents. The fine was set at $5,000.
The lien against the property will be satisfied with the payment of$5,000.00 which sum
includes all Operational Costs. The County will issue a satisfaction of lien to be
recorded upon receipt of the payment.
Re: Case #2006050760 - BCC vs. Esteban and Rita Martinez
Shirley Garcia brought to the attention of the Special Master that there may be some confusion
concerning the service of the Notice of Violations and the Notice of Hearing in the above-
referenced case. She was sworn in by the Special Master and testified that there is an Affidavit of
Posting which is to be made part of the record. Sufficient notice was given.
6. NEW BUSINESS - none
7. REPORTS - none
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August 4, 2006
8. COMMENTS - none
9. NEXT HEARING DATE
August 22, 2006.
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 12:35 PM.
OR THE COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
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