Spec Master Minutes 08/22/2006
August 22, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, August 22,2006
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
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: August 22, 2006 8:45 A.M.
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center
Administrative Building "F", 3rd Floor
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL is TO BE BASED. NEiTHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE
RESPONSIBLE FOR PROVIDiNG THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
2. APPROVAL OF MINUTES - August 4'h, 2006
3. MOTIONS
A. STIPULATIONS:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006040188
RONALD & NANETTE BRIJA
JOE MUCHA
ORD. SEC. 04-41 SEe. 5.06.03(CC)
2006060606
ERIC & ASTRID SEFFER
CARMELO GOMEZ
ORD. 04-58 SEC. 7 SUB SEC. 2
REPEAT - WEEDS IN EXCESS OF 18"
2006050840
ANAHIDIA LEON
ED MORAD
ORD. 04-58 SEC. 6 SUB SEe. 12B, C, I, L, M
MINIMUM HOUSING VIOLATIONS
2006050841
ANAHIDIA LEON
ED MORAD
ORD. 04-58 SEe. 6 SUB SEe. 12B, C, I, L, M
MINIMUM HOUSING VIOLATIONS
2006070241
WILMA DANIELS
EVERILDO YBACET A
ORD. 04-41 SEe. 2.01.00(B)
BOAT TRAILER IN FRONT YARD
4. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: DAS 11229
OWNER: EUSEVIO LUCERO
OFFICER: PETER HINKLEY
VIOLATIONS: ORD. 14-36 SEe. A 2
ALLOW ANIMAL TO RUN AT LARGE
2. CASE NO: DAS 11228
OWNER: ANA AVALOS
OFFICER: PETER HINKLEY
VIOLATIONS: ORD. 14-36 SEe. A 2
ALLOW ANIMAL TO RUN AT LARGE
3. CASE NO: DAS 11130-11150 & 11251-11267
OWNER: KATHY LA VERY
OFFICER: DAVID LEVITT
VIOLATIONS: ORD. 14-41 (A)(5) & (A)(6)
TO TORMENT ANIMAL & TO KEEP ANIMAL WITHOUT WHOLESOME
CHANGE OF AIR
4. CASE NO: CO 3816
OWNER: EASY COME EASY GO LIMO
OFFICER: MICHAELLE CROWLEY
VIOLA TIONS: ORD. 142-33(1) & 142-37(B)
EMPLOYEE ALLOWED PICK UP AND DROP OFF WITH NO DRIVER ID
5. CASE NO: CO 3819
OWNER: YELLOW CAB OF NAPLES, GARY WILSON & DAVE SCHULTHEIS
OFFICER: MICHAELLE CROWLEY
VIOLATIONS: ORD. 142-31 (1), 142-33(E)(1) & 142-37(B)(F)
EMPLOYEE ALLOWED PICK UP AND DROP OFF WITH NO DRIVER ID
6. CASE NO: CO 4469 & CO 4470
OWNER: MARLA SQUIRES
OFFICER: MICHAELLE CROWLEY
VIOLATIONS: ORD. 142-31, 142-37
OPERA TED A VEHICLE FOR HIRE WITH NO DRIVER ID
7. CASE NO: 2006010540
OWNER: FRANCIS, PAUL & CHRISTOPHER LOMBARD
OFFICER: JEFF LETOURNEAU
VIOLATIONS: ORD. 04-58 SEC. 7(2)
NO RENTAL REGISTRATION
8. CASE NO: 2006050608
OWNER: MARION SMITH
OFFICER: JEFF LETOURNEAU
VIOLATIONS: ORD. 04-58 SEe. 1O,11,12B,I,J,K,L & M
MINUMUM HOUSING VIOLATIONS
9. CASE NO: 2006050912
OWNER: MARION SMITH
OFFICER: HEINZ BOX
VIOLATIONS: ORD. 99-51 SEe. 6, 7 & 8
ACCUMULATION OF LITTER ON PROPERTY
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
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:
VIOLATIONS:
2006060001
MARION SMITH
HEINZ BOX
ORD. 04-58 SEe. 7(2)
NO RENTAL REGISTRATION
2006060894
SHIRLEY HUFFORD
HEINZ BOX
ORD. 04-41 SEC. 2.01.00(A)
UNLICENSED VEHICLE ON PROPERTY
2006070320
PATRICIA RYAN
HEINZ BOX
ORD. 04-41 SEC. 1.04.01(A), 1O.02.06(B)(I)(A) & (B)(I)(D)(I)
AN UN-PERMITTED FOOD CART & CHANGE THE USE OF THE ORIGINAL
CONDITIONAL USE PERMIT, NO INSPECTIONS DONE POSSIBLE UNSAFE
CONDITION
2006070390
ERNEST BELIZAIRE
CAROL SYKORA
ORD. 04-41 SEe. 2.01.00A
UNLICENSED & INOPERABLE VEHICLES ON PROPERTY
2006030938
AGUSTIN& PAULA RAMIREZ
THOMAS KEEGAN
ORD 05-44 SEe. 6, 7 & 8
ACCUMULATION OF LITTER
2006050778
TERRY BROWN
THOMAS KEEGAN
ORD 05-44 SEe. 6, 7 & 8
ACCUMULATION OF LITTER
2006050808
ARNOLD AYALA
CRISTINA PEREZ
ORD 05-44 SEC. 6, 7 & 8
ACCUMULATION OF LITTER
2006050747
ADAN HERNANDEZ
CRISTINA PEREZ
ORD. 05-44 SEC. 6 & 7
ACCUMULATION OF LITTER
2006030663
VICTOR & MARIA SALINAS
CRISTINA PEREZ
ORD. 04-41 SEe. 2.01.00(C)
COMMERCIAL VEHICLES/COMMERCIAL EQUIPMENT ON RES. PROPERTY
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. OLD BUSINESS -
2006040221
ALEJANDRO GUILLEN
JOE MUCHA
ORD. 04-41 AS AMENDED SEe. 1O.02.06(B)(I)(A)(D)(I), SEe. 22 ARTICLE II SEe.
106.1.2 FLORIDA BLDG CODE 105.1
STORAGE BLDG WITH NO CO
2006060865
LAURA MATIAS
JOE MUCHA
ORD. 04-41 SEe. 4.05.03(A)
VEHICLE PARKED ON GRASS
2006050687
NOE & IVON MUNOZ
JOE MUCHA
ORD. 04-41 SEC. 2.01.00(3)
COMMERCIAL VEHICLE PARKED IN BACK YARD
A. Request for Imposition of Fines/Liens:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. NEW BUSINESS
7. REPORTS-
8. COMMENTS
2005010143
MICHAEL MICELLI
MARIO BONO
ORD. 04-41 SEe. 10.02.06 & ORD. 2002-01 SEe. 104.1.1
INTERIOR WALL WITHOUT A PERMIT, INSPECTIONS OR CO
9. NEXT MEETING DATE - September 1,2006
10. ADJOURN
August 22, 2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:45 AM. All those testifying at these proceedings today did so under oath.
B. Hearing Rules and Regulations were given by Special Master Garretson.
Special Master Garretson 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: 8:55 A.M.
RECONVENED: 9:15 A.M.
2. APPROVAL OF MINUTES - August 4, 2006
The Minutes of the Special Master Hearing for August 4, 2006 were amended to reflect the
following corrections:
10. Case #2006050391 - Celeste Garcia
Violation description is changed to accumulation of litter on property.
23. Case #2005110533 - Oralia Hinojosa
Violation description is changed to unlicensed vehicle parked on driveway.
The Special Master ordered the above-referenced changes to be made to the Minutes of the
August 4, 2006 Hearing and approved with Minutes as amended.
3. MOTIONS
A. MOTION FOR CONTINUANCE
20. Case No. 2006060865 - BCC vs. Laura Matias
This Hearing was requested by Code Enforcement Investigator Joe Mucha, who was present.
The Respondent was not present.
Violation(s): 04-41, Sec. 4.05.03(A)
Vehic1e parked on grass
The Special Master questioned Investigator Mucha who stated that Code Enforcement had no
objection to the continuance.
The basis for the request for this continuance is that the Respondent had arranged to be out of
state and provided the Special Master with proof that her travel arrangements had been made
prior to being notified ofthis Hearing which the Respondent did not receive until August 15,
2006.
The Motion was granted, and this Case is continued to September 15, 2006. The Respondent
will receive written notice since she is not present today.
2
August 22, 2006
12. Case No. 2006070320 - BCC vs. Patricia Rvan
This Hearing was requested by Code Enforcement Investigator Heinz Box, who was present.
The Respondent was not present.
Victor George, the tenant, was not represent but was represented by his attorney, Tim Ferguson.
Violation(s): 04-41, Sec. 1.04.01(A), 10.02.06(B)(1)(A) and (B)(l)(D)(I)
An un-permitted food cart and change of use of the original conditional use permit, no
inspections done, possible unsafe condition
Attorney Ferguson explained that Victor George runs a concession stand on the property owned
by the Respondent. Mr. George had obtained a conditional use permit for the original kiosk, but
he replaced it with a new kiosk. He did not realize that he was also required to obtain a new
building permit for the new kiosk. Mr. Ferguson requested a continuance until all of the proper
applications have been filed.
The County objected to the request for a continuance. Investigator Box stated that Mr. George
had received a notice of violation in May, 2006, and that the property owners were also notified
at that time. The County has not received any written proof that inspections have been made of
the kiosk.
Mr. Ferguson replied that the inspections by the County Health Department and by the Fire
Department had been completed prior to the issuance of the Notice of Violation.
The Special Master stated there was at least one Code violation which was being admitted to by
Mr. George. The Special Master urged Mr. Ferguson to immediately meet with the Investigator
in order to work out the terms of a Stipulation because she was not inclined to grant a
Continuance of this motion at this time. Both gentlemen left.
B. STIPULATIONS
1. Case #20006020167 - BCC vs. Ronald and Nanette Briia
This Hearing was requested by Code Enforcement Investigator Joe Mucha, who was present.
The Respondents were not present.
Violation(s): 04-41, Section 10.02.06(B)(l)(a)(d)(i), and
2004 Florida Building Code 106.1.2 and 105.1
No permit for screened enclosure
A Stipulation was agreed to by the Respondent.
Finding the notice of hearing was properly served, Respondents are found GUILTY of the
alleged violation(s) and are ordered to obtain a permit for screened enclosure on or before
September 6,2006, and to obtain a Certificate of Occupancy on or before November 22,2006,
or obtain a Demolition Permit and remove said structure and accompanying debris on or
before November 22, 2006, or a fine of $200 per day will be imposed for each day the violation
remains thereafter.
Respondents are ordered to pay Operational Costs in the amount of $137.10 incurred by Code
Enforcement during the prosecution of this case on or before September 22, 2006.
3
August 22, 2006
Respondents are to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
Jeff Wright, County Attorney, asked for clarification of the case number for this case. There was
a clerical! typographical error on the agenda. The case number on the Stipulation is correct, and
will be used in place of the number on the agenda.
2. Case #2006060606 - BCC vs. Eric and Astrid Seffer
This Hearing was requested by Code Enforcement Investigator Carmelo Gomez who was present.
The Respondents were not present.
Hans Seffer is acting on behalf of his mother via a Power of Attorney, but was not present at the
hearing.
Violation(s): 04-58, Section 7, Sub. Sec. 2
Repeat - weeds in excess of 18 inches
A stipulation was agreed upon by the Respondent.
Investigator Gomez informed the Special Master that Hans Seffer had provided a copy of the
Power of Attorney, via fax, verifying that he is empowered to act on behalf of his mother. His
father, Eric Seffer, is deceased.
Investigator Gomez stated that this has been an on-going problem at this property (17 prior weed
cases) and asked for the imposition of a civil penalty in the amount of $1 ,000.
Finding the notice of hearing was properly served, and finding that violation did exist but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation
and is ordered to pay Operational Costs in the amount of$174.06 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
Respondent is ALSO ORDERED to pay a civil penalty in the amount of $1,000 on or before
September 22, 2006.
12. Case #2006070320 - BCC vs. Patricia Rvan
Shirley Garcia, Secretary to the Special Master, informed the Special Master that attorney Tim
Ferguson and the Code Enforcement Investigator have agreed, verbally, upon the terms of a
Stipulation in
Attorney Ferguson was sworn in by the Special Master and entered the following terms of the
Stipulation into the record:
1. The violation is admitted to by the Respondent's tenant, Victor George;
2. Mr. George agrees to pay Operational Costs in the amount of $144.60;
3. To abate the violation by applying for a building permit by 5:00 PM on
August 29, 2006; and
4. Mr. George agrees to obtain all necessary inspections and a CO for the kiosk
and agrees to obtain either a new conditional use permit or written approval by
the Planning Department ofthe current permit, and to secure an up-to-date
occupational license by October 13,2006.
4
August 22, 2006
5. If these conditions are not met by October 13,2006, Mr. George agrees to cease
operation of his business until the violation is abated, or a fine of $250 a day will
be imposed for each day the violation remains thereafter.
Attorney Ferguson added that if this situation is not resolved within three months of to day's
hearing (November 22, 2006), Mr. George agrees to remove the kiosk to another area designated
for such use.
Mr. Ferguson specifically asked that, ifthere was a delay in the process which was not caused by
his client, Mr. George is to be granted an extension of time.
The Special Master informed Mr. Ferguson that, in the case of a delay, it is still his client's
responsibility to notify Code Enforcement of such a delay.
The Special Master granted the Code Enforcement Investigator the authority to grant an
extension of time, if necessary.
The Special Master asked both parties if they agreed to the terms of this Stipulation and both
acknowledged their agreement.
The Special Master ordered that the verbal agreement as stipulated above is to be reduced to a
writing and is to be signed by the parties by Friday, August 25, 2006.
3. Case #2006050840 - BCC vs. Anahidia Leon
This Hearing was requested by Code Enforcement Investigator Ed Morad who was present.
The Respondent was present as was her son, Raphael Leon, who served as translator.
Violation(s): 04-58, Section 6, Sub. Sec. 12B, C, I, L, M
Minimum housing violations
A Stipulation was agreed to by the Respondent.
Investigator Morad informed the Special Master that this has been an ongoing situation and asked
that the Respondent by assessed a civil penalty of $1,000.
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to pay a fine of $1,000 on or before September 22, 2006,
and is ordered to re-open the interior entrance ways on both sides of the duplex on or before
August 24, 2006, and is ordered to obtain a Demolition Permit to return the areas in question
to the previously approved floor plan on or before September 22, 2006, and is ordered to obtain
all inspections and a Certificate of Occupancy on or before October 22, 2006, and if
Respondent wishes to change any of the areas in question, a new permit, inspection and
Certificate of Occupancy are to be obtained on or before October 22, 2006, or a fine of $250
per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay the Operational Costs in the amount of $299. 05 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
5
August 22, 2006
4. Case #2006050841 - BCC vs. Anahidia Leon
This Hearing was requested by Code Enforcement Investigator Ed Morad who was present.
The Respondent was present as was her son, Raphael Leon, who served as translator.
Violation(s): 04-58, Section 6, Sub. Sec. 12B, C, I, L, M
Minimum housing violations
A Stipulation was agreed to by the Respondent.
Investigator Morad informed the Special Master that this has also been an ongoing situation and
asked that the Respondent be assessed a civil penalty of $1 ,000.
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to pay a fine of $1,000 on or before September 22, 2006,
and is ordered to re-open the interior entrance ways on both sides of the duplex on or before
August 24, 2006, and is ordered to obtain a Demolition Permit to return the areas in question
to the previously approved floor plan on or before September 22, 2006, and is ordered to obtain
all inspections and a Certificate of Occupancy on or before October 22, 2006, and if
Respondent wishes to change any of the areas in question, a new permit, inspection and
Certificate of Occupancy are to be obtained on or before October 22, 2006, or a fine of $250
per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay the Operational Costs in the amount of$299.05 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
5. Case #2006070241- BCC vs. Wilma Daniels
This Hearing was requested by Code Enforcement Inspector Everildo Ybaceta who was present.
The Respondent was not present, but was represented by her son, James Daniels who was present.
Violation(s): 04-41, Section 2.0 1.00(B)
Boat trailer in front yard
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). If the boat trailer is brought back to the property, the Respondent is ordered to
store it under the carport, or in the rear yard, or a fine of $1 00 per day will be imposed for each
day the violation remains thereafter.
On August 22, 2006, the Respondent paid the Operational Costs in the amount of $12 7.25
incurred by Code Enforcement during the prosecution of this case.
6
August 22, 2006
8. Case #2006050608 - BCC vs. Marion Smith
This Hearing was requested by Code Enforcement Investigator Jeff Letourneau who was present.
The Respondent was present earlier and agreed to the Stipulation, but left before the Hearing was
heard.
Violation(s): 04-58, Sections 10, 11, l2B, I, J, K, Land M
Minimum housing violations
A Stipulation was agreed to by the Respondent.
Attorney Mark Shapiro, who represents Mr. Smith, had previously notified Shirley Garcia that
Mr. Smith would assume full responsibility for all repairs while certain trust issues are being
resolved with the Estate of James A. Seals. Mr. Smith is a co-owner of the property, along with
the Estate.
Finding the notice ofhearing was properly served, the Respondent is found GUILTY of the
alleged violation(s} and is ordered to repair all minimal housing violations on or before
October 22, 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 $187.64 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
9. Case # 2006050912 - BCC vs. Marion Smith
This Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent was present earlier and agreed to the Stipulation, but left before the Hearing was
heard.
Violation(s): 99-51, Sections 6, 7 and 8
Accumulation oflitter on property
A Stipulation was agreed to by the Respondent.
Address of the violation is 5406 Carlton Street, Collier County.
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s} and is ordered to remove any and all from the property on or before
August 29, 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 $132.23 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
7
August 22, 2006
10. Case # 2006060001 - BCC vs. Marion Smith
This Hearing was requested by Code Enforcement Investigator Heinz Box 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 7(2)
No rental registration
A Stipulation was agreed to by the Respondent.
Address of the violation is 5406 Carlton Street, Collier County.
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to obtain a Collier County rental on or before August 29,
2006, or a fine of $25 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $123.99 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
11. Case # 2006060894 - BCC vs. Shirley Hufford
This Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent was present earlier and agreed to the Stipulation, but left before the Hearing was
heard.
Violation(s): 04-41, Section 2.0 1.00(A)
Unlicensed vehicle on property
A Stipulation was agreed to by the Respondent.
Address of the violation is 1058 Elrado Street, Collier County.
Finding the notice of hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's Hearing, Respondent is found GUILTY of the alleged
violation(s) and is ordered to pay Operational Costs in the amount of $129. 58 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
18. Case #2006030663 - BCC vs. Victor and Maria Salinas
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent, Maria A. Salinas, was present earlier and agreed to the Stipulation, but left
before the Hearing was heard.
Violation(s): 04-41, Section 2.0 1.00(C)
Commercial vehicles/commercial equipment on residential property
A Stipulation was agreed to by the Respondent.
8
August 22, 2006
Finding the notice ofhearing was properly served, the Respondents are found GUILTY of the
alleged violation(s) and are ordered to store the commercial vehicles in the rear yard and to
fully conceal the vehicles from view on or before August 25, 2006, or to remove the commercial
vehicles from the property on or before August 25,2006, or afine of$100 per day per each
vehicle will be imposed for each day the violation remains thereafter.
Respondents are 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 22,2006.
Respondents are to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
4. PUBLIC HEARINGS
(The Special Master noted that Case #3 was taken out of order due to a scheduling conflict for
County Attorney Colleen Green.)
3. Case # DAS 11130 -11150 and 111251 -11267- BCC vs. Kathy Lavery
This Hearing was requested by Animal Control Officer David Levitt who was present.
Animal Control Officer Al Sanchez and Assistant County Attorney Colleen Green were also
present.
The Respondent was present.
Violation(s): 14-41, Section (A)(5) and (A)(6)
To torment animal(s) and to keep animal(s) without wholesome exercise or change of air
There were a total of 38 citations; 36 that reference the animals (31 cats, 2 dogs, 1 Parrott and 2
rabbits) which were impounded by Domestic Animal Services, and two citations that reference
the torment of two of the animals which needed immediate medical care.
The Respondent stated that she was confused, unprepared and didn't understand the Hearing.
The County Attorney stated that Animal Control Officer Al Sanchez had spoken with the
Respondent prior to today's hearing in order to discuss the potential for a Stipulation.
The Special Master explained to the Respondent that the purpose of this Hearing is to determine
whether or not she is in violation of the County Ordinances for which she received the citations.
The Respondent stated that one of the rabbits impounded by DAS belonged to another individual
who refused to care for it. She stated that she cared for this animal rather than let it starve to
death. She asserted that the windows were open in the room where the cats resided, that she took
her rabbit out for exercise as well as the dogs. She had recently undergone major surgery in
January, 2006. She had been advised by her doctor that she could not lift anything heavy while
she was recuperating from surgery; that she was then and is now taking medication.
The Respondent reiterated that she feels the citations were unfairly assessed.
County Attorney Green stated that DAS made six site visits over a six-week period in an attempt
to correct this situation with the Respondent. She introduced various photographs of the
condition of the property which were the Special Master admitted into evidence. The Respondent
objected to two photographs as being irrelevant.
9
August 22, 2006
The County's Exhibits are as follows:
Exhibit "B" is the folder marked March 30, 2006;
Exhibit "C" is the folder marked April 3, 2006;
Exhibit "D" is the folder marked April 7, 2006;
Exhibit "E" is the folder marked April 12, 2006;
Exhibit "F" is the folder marked May 4, 2006;
Exhibit "G" is the folder marked May 11,2006.
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violations and is ordered to pay civil penalties of $250 per citation (total: 38) plus an
administrative fee of$7.00 per citation for a total of$9, 766.00, on or before September 22,
2006.
Respondent is ordered to pay a one-time Operational Cost in the amount of $50. 00 incurred by
Code Enforcement during the prosecution of this case on or before September 22,2006.
The Special Master asked that Shirley Garcia assist the Respondent in arranging a payment
plan with the County which would supersede the stipulated thirty-day repayment period. The
Special Master also advised the Respondent that she is entitled to appeal and that her rights
must be exercised no later than September 22, 2006.
RECESS: 11: 15 AM
RECONVENED: 11:42 AM
The Public Hearings were deferred until after the following case was heard.
5. OLD BUSINESS:
A. Request for Imposition of Fines/Liens:
1. Case #2005010143 - BCC vs. Michael Micelli
This Hearing was requested by Code Enforcement Investigator Mario Bono who was present.
Lt. Fire Inspector John Obst, East Naples Fire Department, was also present.
The Respondent was present.
Violation(s): 04-41, Sec. 10.02.06 and 2002-01, Sec. 104.1.1
Interior wall without a permit, inspections, or Certificate of Occupancy
Investigator Bono said that fines have been accruing since June 20, 2005 at $100.00 per day. The
total is now $42,589.12 which figure includes all fines, accrued penalties and Operational Costs
through August 14,2006. To date, the violation has not been abated, and penalties are continuing
to accrue.
The Respondent maintains that he has, in his opinion, abated the problem. He stated that the
interior wall in question never needed a permit because it is merely a partition and that both sides
of the partition are occupied by the same tenant.
The Investigator reiterated that the Respondent had previously been adjudged in violation, and the
Fire Inspector testified that property is still not in compliance.
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August 22, 2006
The Special Master determined that the request from the County to impose the lien of
$42,589.12 for the period from June 20, 2005 through August 14, 2006, against this property is
GRANTED.
The Public Hearings were resumed and the Agenda was reinstated.
1. Case # DAS 11229 - BCC vs. Eusevio Lucero
This Hearing was requested by Animal Control Officer Peter Hinkley who was present.
The Respondent was present but left before the Hearing was heard.
Violation(s): 14-36, Sec. A(2)
Allow animal to run at large
Officer Hinkely met with the Respondent who stated that he needed more time to pay the citation
which was served on 03/18/06.
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violations and is ordered to pay the civil penalty of $1 00 plus the cost of the citation of
$7.00for a total of$10 7. 00 on or before September 22,2006.
Respondent is ordered to pay Operational Costs in the amount of$50.00 incurred by Code
Enforcement during the prosecution of this case on or before September 27,2006.
2. Case #DAS 11228 - BCC vs. Ana Avalos
This Hearing was requested by Animal Control Officer Peter Hinkley who was present.
The Respondent was not present.
Violation(s): 14-36, Sec. A(2)
Allow animal to run at large
Address of violation is 1421 Dillon Lane, Collier County.
Officer Hinkley stated that he has been unable to contact that respondent even though he has
made multiple attempts and has posted the property. This has been an ongoing problem at this
property and it also has presented safety issues for the neighbors and their pets. Officer Hinkley
requested that the maximum penalty be assessed.
Finding the notice of hearing was properly served, the Respondent is found GUILTY of the
alleged violation(s) and is ordered to pay a civil penalty of $500 plus the cost of the citation of
$7.00 for a total of $50 7. 00 on or before September 22,2006.
Respondent is ordered to pay Operational Costs in the amount of$50 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
4. Case #CO 3816 - BCC vs. Easy Come Easy Go Limo
This Hearing was requested by Code Enforcement Inspector Michaelle Crowley who was present.
The Respondent, Michael Joseph McNavoe, was present and remained to testify.
11
August 22, 2006
Violation(s): l42-33(J) and 142-37(B)
Employee allowed pick up and drop of with no driver ill
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to pay a civil penalty of $1 00 plus the cost of the citation of
$ 7. 00 for a total of $1 0 7. 00 on or before September 22, 2006.
Respondent is ordered to pay Operational Costs in the amount of $50 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
5. Case #CO 3819 - BCC vs. Yellow Cab of Naples. Gre2 Wilson and Dale Schultheis
This Hearing was requested by Code Enforcement Inspector Michaelle Crowley who was present.
The Respondent was present.
Violation(s): 142-31(J), 142-33(E)(J) and 142-37(B)(F)
Employee allowed pick up and drop of with no driver ill
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to pay a civil penalty of $1 00 plus the cost of the citation of
$7.00 for a total of $107.00 on or before September 22,2006.
Respondent is ordered to pay Operational Costs in the amount of$50 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
6. Case #CO 4469 and CO 4470 - BCC vs. Marla Squires
This Hearing was requested by Code Enforcement Inspector Michaelle Crowley who was present.
The Respondent was present.
Violation(s): 142-31 and 142-37
Operated a vehicle for hire with no driver ill
The Special Master noted that there was some confusion regarding the wording of the Ordinance.
Finding the notice of hearing was properly served, the Respondent is found GUILTY of the
second citation only, and is ordered to pay a civil penalty of $100 plus the cost of the citation of
$7.00 for a total of $1 07. 00 on or before September 22, 2006.
Operational Costs were not assessed.
7. Case #2006010540 - BCC vs. Francis. Paul & Christopher Lombard
This Hearing was requested by Code Enforcement Supervisor Jeff Letourneau who was present.
The Respondent was present.
Violation(s): 04-58, Sec. 7(2)
No rental registration
The County introduced the following documents which the Special Master admitted into
evidence:
Exhibit "A" - Collier County Development and Environmental Services
fee schedule, dated March 22, 2005
12
August 22, 2006
Exhibit "B" - Payment transaction history for Rental #20968,
address 161584 (as identified on this document)
Exhibit "c" - Page 16 of the fee schedule
Finding the notice of hearing was properly served, the Respondent is found GUILTY of the
alleged violation(s) and is ordered to pay a civil penalty of $500 plus $20.00 as the cost of the
registration renewal fee for 2005 for a total of $520.00 on or before September 22, 2006.
Respondent is ordered to pay Operational Costs in the amount of $179.40 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
RECESS: 1 :46 PM
RECOVENED: 2:00 PM
13. Case #2006070390 - BCC vs. Ernest Belizaire
This Hearing was requested by Code Enforcement Investigator/Acting Supervisor Carol Sykora
who was present.
The Respondent was present.
Violation(s): 04-41, Sec. 2.01.00A
Unlicensed and inoperable vehicles on property - recurring violation reference case 2006050701
Address of violation is 417 Jones Street, Collier County
Investigator Sykora stated that there have been 5 prior cases at this address since 2000. She
attempted to perform a site inspection on August 21, 1006, but could not gain access to the
premIses.
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violation(s) and is ordered to repair the vehicle(s) so that they are operational, and to
obtain a current, valid license plate and affIX it to each vehicle, or to store the vehicle(s) within
a completely enclosed structure, or to remove the vehicle(s) from the premises on or before
September 4,2006, or afine of$100 will be assessedfor each day the violation remains
thereafter.
Respondent is ordered to pay the Operational Costs in the amount of$124.54 incurred by Code
Enforcement during the prosecution of this case on or before September 22, 2006.
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
Due to the Respondent's apparent inability to communicate in English, the Special Master
requested that Shirley Garcia arrange for a translator to speak to the Respondent by August 23,
2006, to explain the Hearing and the Special Master's decision.
19. Case #2006040221- BCC vs. Aleiandro Guillen
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was present.
Napoleon Rocuyan, a friend of the Respondent, was also present.
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August 22, 2006
Violation(s): 04-41, as amended, Sec. 1 0.02.06(B)(l )(A)(D)( 1), Sec. 22, Article II,
Sec. 106.1.2, 105.1
Storage Building with no CO
Address of violation is 5378 Catts Street, Collier County
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to obtain the proper permit on or before September 6, 2006,
to complete the required work and obtain a Certificate of Occupancy on or before November 6,
1006, or a fine of $200 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs sin the amount of $137.10 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
21. Case #2006050687 - BCC vs. Noe and Ivon Munoz
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): 04-41, Sec. 2.01.00(3)
Commercial vehicle parked in back yard
Address of violation is 5317 Warren Street, Collier County
Finding the notice of hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to completely conceal the commercial vehicle from view
from all adjacent properties, or to remove the commercial vehicle from the property on or
before August 28, 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 $126.22 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
14. Case #206030938 - BCC vs. A2ustin and Paula Ramirez
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondents were not present.
Violation(s): 05-44, Sec. 6, 7 and 8
Accumulation of litter
Finding that the notice of hearing was properly served, the Respondents are found GUILTY of
the alleged violation(s) and are ordered to completely remove all debris from the premises to a
site for proper disposal or storage on or before August 29,2006, or afine of$100 per day will
be imposed for each day the violation remains thereafter.
Respondents are ordered to pay Operational Costs in the amount of $118.90 incurred by Code
Enforcement during the prosecution of the case on or before September 22,2006.
Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
14
August 22, 2006
15. Case #2006050778 - BCC vs. Terry Brown
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 05-44, Sec. 6 and 7
Accumulation of litter
Address of violation is 1410 Garthy Road, Collier County
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 $124.34 incurred by Code
Enforcement during the prosecution of this case on or before September 22,2006.
16. Case #2006050808 - BCC vs. Arnold Ayala
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 05-44, Sec. 6, 7 and 8
Accumulation of litter
Address of violation is 1412 Plum Street, Collier County
Finding that the notice of hearing was properly served, Respondent isfound GUILTY of the
alleged violation(s) and is ordered to completely remove all remaining debris from the premises
to fully clear the property on or before August 29, 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 $141. 09 incurred by Code
Enforcement during the prosecution of the case on or before September 22, 2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
17. Case #2006050808 - BCC vs. Adan Hernandez
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 05-44, Sec. 6, 7 and 8
Accumulation of litter
Address of violation is 1412 Peach Street, Collier County
Finding that the notice of hearing was properly served, Respondent is found GUlL TY of the
alleged violation(s) and is ordered to completely remove all remaining debris from the premises
including the right-of-way on or before August 29, 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$130.12 incurred by Code
Enforcement during the prosecution of the case on or before September 22,2006.
IS
August 22, 2006
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
6. NEW BUSINESS - none
7. REPORTS - none
8. COMMENTS - none
9. NEXT HEARING DATE
September 1, 2006.
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 2 :45 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER HEARING
Special Master, Brenda Garretson
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