Spec Master Minutes 09/15/2006
September 15, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, September 15, 2006
LET IT BE REMEMBERED, that the Collier County Special Master in and
for the County of Collier, having conducted business herein, met on this date at
8:45 AM in REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
SPECIAL MASTER: Honorable Brenda Garretson
COUNTY STAFF PRESENT: Shirley Garcia - Secretary to the Special Master
Jeff Wright - Assistant County Attorney
Dennis Mitchell - Supervisor Code Enforcement
1
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: September 15th, 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 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 CODE ENFORCEMENT BOARD SHALL BE
RESPONSIBLE FOR PROVIDrNG THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
3. MOTIONS
2. APPROVAL OF MINUTES -September 1st, 2006
A. REQUEST FOR CONTINUANCE:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS;
B. STIPULA TIONS:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
SO 151868
FRANK ZIZZO
LA WRENCE KELLER
ORD. 130-67
HANDICAPP SPACE - EXPIRED/INVALID PERMIT
2006070400
TED BARRET EST.
JOE MUCHA
ORD. 04-41 SEe. 2.01.00(A) & 4.05.03(A)
UNLICENSED VEHICLE STORED ON GRASS
2006060865
LAURA MATIAS
JOE MUCHA
ORD. 04-41 SEe. 4.05.03(A)
VEHICLES PARKING ON GRASS
SO 145394
PRUDENCE LEGITTINO
LAWRENCE KELLER
ORD. 130-67
HANDICAPPED SPACE
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 154010
LUKE FREDRICKSON
DON LOTHROP
ORD.130-66
PARKED IN PUBLIC ACCESS ROAD
DAS 11184
TIMOTHY HUBBARD
KURT ZEITLER
ORD. 14-34 SEe. (A 2)
ALLOW DOG TO RUN AT LARGE
PU 134
JEFFREY & SANDRA AHLQUIST
TONY A PHILIPS
ORD.02-17/90-125 SEC. 5
IRRIGATION OUTSIDE OF DESIGNATED DAYS OR TIME
2006020919
PAUL ZAINO
EVERlLDO YBACETA
ORD. 04-41 SEC. 1O.02.06(B)(1)(A)(D)(I) & 2004 FLA BLDG CODE 105.1
EXTERIOR WINDOW INSTALLED WITHOUT A PERMIT & ENCLOSING A
SCREEN LANAI WITHOUT A FINAL INSPECTION & CO.
6. CASE NO: 2006020064
OWNER: VICTOR ORTIZ
OFFICER: MARIO BONO
VIOLATIONS: ORD. 05-44 SEe. 6
ACCUMULATION OF LITTER
7. CASE NO: 2006070464
OWNER: JILL WEAVER & HENRY TESNO
OFFICER: HEINZ BOX
VIOLATIONS: ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED VEHICLE
8. CASE NO: 2006030716
OWNER: SAMUEL MILLER
OFFICER: CRISTINA PEREZ
VIOLATIONS: ORD. 05-44 SEe. 6 & 7
ACCUMULATION OF LITTER
9. CASE NO: 2006050082
OWNER: HERMINIA RlOS LOPEZ
OFFICER: CRISTINA PEREZ
VIOLATIONS: ORD. 05-44 SEe. 6, 7 & 8
ACCUMULATION OF LITTER
10. CASE NO: 2006070466
OWNER: JAIME LOPEZ
OFFICER: CRISTINA PEREZ
VIOLATIONS: ORD. 05-44 SEe. 6, 7 & 8
ACCUMULA TION OF LITTER
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:
2006020781
GLENORA PURVIS
CRISTINA PEREZ
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE
2006050084
ROSA GOODNIGHT & ROBERT & ERVENE SHELLABARGER
CRISTINA PEREZ
ORD. 05-44 SEC. 6 & 7
ACCUMULATION OF LITTER
2006050087
GUIDO HERNANDEZ
CRISTINA PEREZ
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE
2006050079
PEDRO HERRERA EST.
THOMAS KEEGAN
ORD. 04-58 SEe. 6(12)(B)(I)
BROKEN DOORS, WINDOWS AND IN NEED
OF MAJOR REPAIR IN V ACA TED HOME
2006050078
ROBEDA MCKINNIE
THOMAS KEEGAN
ORD. 04-58 SEe. 6(12)(B)(I)
BROKEN DOORS, WINDOWS AND IN NEED
OF MAJOR REPAIR IN VACATED HOME
2006070163
LAKER INVEST MGMT. / JOSEPH HOUSTON, DIRECTOR
JOHN SANT AFEMIA
ORD. 04-58 SEC. 1O,1l,12B,C,D,L,M,N,P, 19A,B &20
MINUMUM HOUSING VIOLATIONS
2006060099
ROBERT FLICK
JOE MUCHA
ORD. 05-44 SEC. 6 & 7
ACCUMULATION OF LITTER
2006060090
ROBERT FLICK
JOE MUCHA
ORD. 05-44 SEe. 6 & 7
ACCUMULATION OF LITTER
5. OLD BUSINESS -
A. Request for Imposition of Fines/Liens:
1. CASE NO: 2005040823
OWNER: DA VID SCHEFFIELD FOR BANK OF AMERICA (FORMERLY BARNETT BANK)
OFFICER: AZURE SORRELS
2. CASE NO:
OWNER:
OFFICER:
2005060279
DUANE BILLINGTON
CARMELO GOMEZ
6. NEW BUSINESS
7. REPORTS -
8. COMMENTS
9. NEXT MEETING DATE - October 6th, 2006
10. ADJOURN
September 15,2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:49 AM. All those testifying at these proceedings today did so under oath.
B. Hearing Rules and Regulations were given by Special Master Garretson.
Special Master Garretson gave the Respondents an opportunity to speak with their
Investigating Officer before conducting the Hearing for a Resolution by stipulation;
looking for Compliance without being punitive.
BREAK FOR STIPULATIONS - 8:54 A.M.
RECONVENED 9: 18 A.M.
2. APPROVAL OF MINUTES - September 1, 2006
The Minutes of the September 1, 2006 Hearing have been reviewed and approved by
Special Master Garretson.
3. MOTIONS
A. REQUEST FOR CONTINUANCE
1. Case #SO 151868 - BCC vs. Frank Zizzo
The Respondent was not present.
The Sheriffs Officer Deputy Lawrence Keller was present.
Violation(s): Ordinance 130-67
Handicap space - Expired/invalid permit
REQUEST FOR CONTINUANCE WAS GRANTED FOR THE OCTOBER 6TH
DOCKET.
B. STIPULATIONS
1. Case #2006070400 - BCC vs. Ted Barrett Est.
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): Ordinance 04-4l Section 2.0 l.OO(A) & 4.05.03(A)
Unlicensed Vehicles stored on grass.
Code Enforcement Investigator Joe Mucha testified the violation has been abated.
A stipulation was agreed upon by the Respondent.
Finding the notice of hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's hearing, respondent isfound guilty of the alleged violation(s)
and is ordered to pay Operational Cost in the amount of $132.45 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
2
September 15, 2006
2. Case #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 Section 4.05.03(A)
Vehicles Parking on Grass
Code Enforcement Investigator Joe Mucha testified the violation at 108 6th Street has been
abated.
A stipulation was agreed upon by the Respondent
Finding the notice of hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Cost in the amount of $126.22 incurred by Code
Enforcement during the prosecution of this case on or before October 15, 2006.
4. Case # PU 134 - BCC vs. Jeffrev & Sandra Ahlquist
Utility Enforcement Investigator Tonya A. Philips who was present.
This Hearing was requested by the Respondents were also present.
Violation(s): 02-17/90-125 Section 5
Irrigation outside of designated days or time
Utility Code Enforcement Investigator Philips testified the violation was beyond the respondents
control as they were out of town at the time ofthe violation and a timer was defective.
Investigator Philips asked the case be dismissed.
CASE WAS DISMISSED.
5. Case #2006020919 - BCC vs. Paul Zaino
This Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
Violation(s): 04-41 Sec. 10.02.06(B) (l)(A) 10.02.06(B)(D)(I) & 2004 FLA BLDG CODE
105.l
Exterior Window installed without a Permit & enclosing a screen lanai without a final inspection
and CO.
The majority of the equipment has been removed as of to day's date. Pictures were shown.
County's Exhibit Composite "A."
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served,. the Respondent isfound GUILTY of the
alleged violation(s) and is ordered to obtain a final inspection for permits 2006034348 &
2006080589 on or before September 29, 2006 or a fine of $200 per day will be imposed for each
day the violation remains thereafter.
3
September 15, 2006
Respondent is ordered to pay Operational Costs in the amount of$174.39 incurred by Code
Enforcement during the prosecution of this case on or before October 15, 2006.
Respondent is ALSO ORDERED to pick up the permits (2006080596 & 2006080600) on or
before September 20, 2006 or a fine of $200 per day will be imposed for each day the violation
remains thereafter. Upon obtaining the permits the Respondent must obtain Certificates of
Completion for all permits on or before November 29, 2006 or a fine of $200 per day will be
imposed for each day the violation remains therefore.
6. Case #2006020064 - BCC vs. Victor Ortiz
This Hearing was requested by Code Enforcement Investigator Mario Bono who was present.
The Respondent was also present.
Violation(s): 05-44, Sec. 6
Accumulation of Litter
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs of $151. 66 incurred by Code Enforcement during the
prosecution of this case on or before October 15,2006.
11. Case #2006020781 - BCC vs. Glenora Purvis
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 04-4l Section 2.01.00 (A)
Unlicensed/Inoperable Vehicle
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, andfinding the violation did exist, but was
CORRECTED vrior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs in the amount of $141. 09 incurred by Code
Enforcement during the prosecution of this case and in which has already been paid.
12. Case #2006050084 - BCC vs. Rosa Goodnil!ht & Robert & Ervene Shellabarl!er
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondents were not present.
Violation(s): 05-44 Section 6 & 7
Accumulation of Litter
A Stipulation was agreed upon by the Respondent.
Finding the Hearing of 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 $130.12 incurred
by Code Enforcement during the prosecution of this case on or before October 15, 2006.
4
September 15, 2006
4. PUBLIC HEARINGS
A. HEARINGS
1. Case #SO 145394 - BCC vs. Prudence Le2ittino
This Hearing was requested by the Respondent who was present.
Sheriff s Officer Deputy Lawrence Keller was also present.
Violation(s): 130-67
Handicapped Space
The Respondent explained she had a Doctor's appointment in which her eyes had been dilated.
In attempting to drive, found she wasn't able to see clearly, panicked, parked halfway into a
handicapped space and ran into the Doctor's office to call her husband. In the meantime she
received the handicapped parking ticket.
The Nurse had given her a written note stating she had an appointment and had her eyes dilated.
Since no other available parking spaces were left after circling the parking lot, she had parked in
the handicapped area.
Officer Keller testified she received the ticket because she parked in a handicapped parking space
illegally.
Finding the notice of hearing was properly served; the respondent is found guilty of the alleged
violation(s) and is ordered to pay a fine of $250 on or before October 15, 2006. Respondent is
also ordered to pay Operational Cost in the amount of $50 incurred by Code Enforcement
during the prosecution of this case on or before October 15,2006
2. Case #SO 154010 - BCC vs. Luke Fredrickson
This Hearing was requested by the Respondent who was present. His father is the owner of
Sunrise Building Company which is the name on the citation.
Sheriffs Officer Deputy Don Lothrop was also present.
Violation(s): 130-66
Parked in Public Access Road
The Respondent explained the situation leading up to the time ofreceiving the ticket in the Home
Depot parking lot off Davis Blvd. and Airport Pulling Road.
Photographs were given to the Special Master to view and were entered into evidence as Collier
Counties Composite Exhibit "A."
Deputy Lothrop explained the Sheriffs office has been asked by Home Depot to do extra patrols
purposely for the reason of making sure the loading zone is being used legally. It is a small area,
and several accidents have occurred. The Deputy wrote several other citations in a short period
of time. The Deputy also offered photographs to the Special Master. They were offered into
evidence as Collier Counties Composite Exhibit "B."
The loading zone requirements were discussed.
Assistant County Attorney Wright stated the photographs being shown are a simulated location
where the car was.
5
September 15,2006
Special Master Garretson agreed and clarified there were no photos taken at the time of the
alleged violation, and she is only accepting them to support testimony and for presentation
purposes.
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 on or before October 15, 2006.
Respondent is also ordered to pay Operational Costs in the amount of $50 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
BREAK -10:28 AM
RECONVENED - 10:48 AM
3. Case #DAS 11184 - BCC vs. Timothv Hubbard
This Hearing was requested by DAS Investigator Kurt Zeitler who was present.
The Respondent was not present.
Violation(s): 14-36 Section (A2)
Allow Dog to Run at Large
Violation was at 265 & 267 Price Street. The Investigator explained the situation and stated the
owner has since moved from the above address. Property was posted.
Two envelopes have been sent by Certified Mail (265 & 267 Price Street) and both have been
returned. (265 Price -Moved left no address & 267 Price-Not deliverable as addressed & unable
to forward)
Finding the notice of hearing was properly served; the respondent is found guilty of the alleged
violation(s) and is ordered to pay a $100 Civil Penalty and $7 for the Citation on or before
October 15, 2006.
Respondent is ordered to pay Operational Cost in the amount of $50 incurred by Code
Enforcement during the prosecution of this case on or before October 15, 2006.
7. Case #2006070464 - BCC vs. Jill Weaver & Henrv Tesno
This Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent(s) were not present.
Violation(s): 04-41 Sec. 2.01.00 (A)
Unlicensed Vehicle
Violation was at 3117 Yreka Ave. and as of yesterday has been abated.
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 a fine of $1 00 and Operational Costs in the amount of $150.61 incurred
by Code Enforcement during the prosecution of this case 011 or before October 15,2006.
8. Case #2006030716 - BCC vs. Samuel Miller
This Hearing was requested by Environmental Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6 & 7
6
September 15,2006
Accumulation of Litter
Violation is at 4814 Meyers Road, Immokalee. Clean up was started, a dumpster was on site but
litter remains on property consisting of tires, mattresses, dilapidated travel trailers etc.
Photographs were offered into evidence as Collier Counties Composite Exhibit "A."
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 on or before September 22, 2006 or a
jine 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 $152. 05 incurred by Code
Enforcement during the prosecution of this case on or before October 15, 2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
9. Case #2006050082 - BCC vs. Herminia Rios Lopez
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6, 7 & 8
Accumulation of Litter
Violation occurred at 774 El Paso Trail, Immokalee. Photographs were offered into evidence as
Collier Counties Composite Exhibit "A." Some of the litter that remains on site is tires, cans,
wood etc. No contact has been made after several visits. Owner did contact investigator after the
Notice of Hearing was received.
Finding the notice ofhearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) and is order to remove the litter or place in a proper storage on or before
September 22,2006 or ajine 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 $124.64 incurred by Code
Enforcement during the prosecutioll of this case on or before October 15,2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
10. Case #2006070466 - BCC vs. Jaime Lopez
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 & 8
Accumulation of Litter
Violation occurred at 778 Al Paso Trail, Immokalee. Photographs were shown with litter
consisting of tires beds, propane tanks etc. Photographs were offered into evidence as Collier
Counties Composite Exhibit "A."
Finding the notice of hearing was properly served, the Respondent is found GUlL TY of the
alleged violation(s) and is order to abate the violation by removing the litter or putting in
proper storage on or before September 20, 2006 or a jine of $1 00 per day will be imposed for
each day the violation remains thereafter.
7
September 15,2006
Respondent is ordered to pay Operational Costs in the amount of $124.64 incurred by Code
Enforcement during t/te prosecution of this case on or before October 15,2006.
The Respondent is to notify the investigator within 24 hours of a workday to concur the
violation has been abated.
13. Case #2006050087 - BCC vs. Guida Hernandez
This Hearing was requested by Code Enforcement Investigator Cristina Perez who was present.
The Respondent was not present.
Violation(s): 04-41 Sec. 2.01.00 (A)
Unlicensed/Inoperable Vehicle
An extension oftime was given to the Respondent to abate the violation. As of yesterday the
violation had not been abated.
Finding the notice of /tearing was properly served, the respondent is found guilty of the alleged
violation(s) and is ordered to abate the violation by affIXing a license plate, repair any defects
to make it operable, store in an enclosed structure or remove on or before September 20,2006
or a fine of $50.00 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Cost in the amount of $130.12 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
The respondent must notify Code Enforcement within 24 hours of a workday to concur t/te
violation has been abated.
RECESS - 10:28 AM
RECONVENED - 10:45 AM
Corrections to previous items have been made as follows:
· #3. Hubbard - Is actually Ordinance 14-36 Section (A2)
· #10. Correct Case Number is #2006050089
.
16. Case #2006070163 - BCC vs. Laker Investment Manal!ement/Joseph Houston Director
This Hearing was requested by Code Enforcement Investigator John Santafemia who was present.
The Respondent was present earlier and agreed to the stipulation but left before the Hearing was
heard.
Violation(s): 04-58 Section lO, 11, 12B, C, D, L, M, N, P, 19A, B & 20
Minimum Housing Violations
A Stipulation was agreed upon by the Respondent.
Address of violation is 437 Culver Street, Immokalee. Tenant complaint.
Finding the Notice of Hearing was properly served, the Respondent isfound GUILTY of the
alleged violation(s) alld is ordered to abate t/te violation by completing" all" and "any" non-
permit repairs on or before October 15, 2006 or a fine of $250 per day will be imposed for each
day the violation remains thereafter.
ALSO allY violation that requires a permit for repair, Respondent must obtain a permit on or
before October 15, 2006 or a fine of $250 per day will be imposed for each day the violation
remains thereafter.
8
September 15,2006
Respondent must ALSO complete permit repairs 30 days from confirmation of the permit or a
fine of $250 per day will be imposed for each day the violation remains thereafter. Or the
Respondent can choose a Demolition Permit on or before September 29, 2006 and complete on
or before October 28th, 2006 or a fine of $250 per day will be imposed for each day the violation
remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $145.81 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation has been abated.
5. OLD BUSINESS
A. ReQuest for Imposition of Fines/Liens
2. Case #2005060279 - BCC vs. Duane Billin2ton
The Code Enforcement Investigator Carmelo Gomez was present.
The Respondent was also present.
The Respondent was to have abated his violation 120 days from December 16, 2005
which was April 15, 2006 or a fine of $250 per day would be imposed. He was to have
obtained the proper permits and CO's. The Operational Costs have been paid. The
Respondent was to have let the Investigator know when the final inspection was made. It
had been made on July 13,2006.
Investigator Gomez stated the Respondent has had a legitimate hardship and taking it into
consideration, he recommended reducing the fine from $4,450 to $2,225.
Special Master Garretson granted the County's recommendation of reducing the fine for the
Respondentfrom $4,450 to $2,225 and to be paid on or before October 15, 2006.
4. PUBLIC HEARINGS (Continued)
14. Case #2006050079 - BCC vs. Pedro Herrera Est. c/o Adam Herrera
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 04-58 Section 6 (12) (B) & (12) (I)
Broken Windows, Doors and in need of Major Repair in Vacated Home
Address of violation is 1122 lmmokalee Drive, Immokalee. The Respondent had a previous case
come before the Special Master on litter for $250 per day since May. Photographs were given
showing this case being of neglect. Offered into evidence as County's Composite Exhibit "A."
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 making "all" repairs to the home
etc. on or before October 15,2006 or pay afine of$250 per day will be imposedfor 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 October 15,2006.
The Respondent is to notifY Investigator within 24 hours of a workday to concur the violation
has been abated.
9
September 15,2006
15. Case #2006050078 - BCC vs. Robeda McKinnie
This Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present.
The Respondent was not present.
Violation(s): 04-58 Sec. 6 (12) (B) (I)
Broken Doors, Windows and in need of Major Repairs in Vacant Home
CASE #2006050078 WAS WITHDRAWN FROM THE AGENDA
17. Case #2006060099 - BCC vs. Robert Flick
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6, 7
Accumulation of Litter
Case #17 & #18 are of the same Respondent and Violations.
Violation was found at 2 Duplexes at Carlton Street owned by the Respondent. (5325 & 5329
Carlton Street) Photographs were show of much litter consisting of appliances, awnings and rugs.
At 5329 Carlton, litter consists of a bench seat, carpet, appliances, buckets, carpets etc. The NOV
for both cases was signed on two separate dates by the Respondent.
Investigator Mucha noted Code Enforcement has made several visits in the past to the above
addresses in which records were shown to the Special Master.
Photographs were made part of the record with Collier County's Exhibit Composite "A. "
(7 pages dated May 26, 2006) and Collier County's Exhibit Composite "B" (J 1 pages dated
September 13, 23006)
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 $500 and ordered to abate the
violation by removing "all" litter from the location to a waste facility by September 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 $132.45 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
18. Case #2006060090 - BCC vs. Robert Flick
This Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent was not present.
Violation(s): 05-44 Section 6, 7
Accumulation of Litter
Violation found at 5325 & 5329 Carlton Street. (See Case #17 for further details)
Photographs were made part of the record with Collier County's Composite Exhibit "A."
(6 pages)
10
September 15, 2006
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 and remove "all" litter to a
proper waste facility on or before September 22, 2006 or a fine of $1 00 per day will be imposed
for each day the violation remains thereafter.
Respondent is to pay Operational Costs in the amount of $132.45 incurred by Code
Enforcement during the prosecution of this case on or before October 15,2006.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
5. OLD BUSINESS
A. Request for Imposition of Fines/Liens
1. Case #2005040823 - David Scheffield for Bank of America (Formerlv
Barnett Bank)
Code Enforcement Investigator Azure Sorrels was present.
The Representative David Scheffield from Ferrin Signs appeared on behalf of the
Respondent and was also present. The Investigator has written authorization
from Bank of America to appear.
Mr. Scheffield testified he had been contracted by Trammell Crow Company,
who manages all the Bank of America's facilities to do this project. He gets paid
by Trammell Crow Company. He explained he failed to pull a final inspection to
close out the project he worked on of replacing a sign for Bank of America.
Internally many things happened with miscommunication among the companies
involved. He could not give any excuses for the failure and stated the violation
had been abated.
Investigator Sorrels testified the violation has been abated on June 26, 2006.
The fines accumulated from December 6, 2005 to June 26, 2006. The case had
been opened by another Investigator in April 2005. Investigator Sorrels gave a
history of the details, with dates, concerning the stipulation discussed with Bank
of America. Dan at Ferrin Signs had been notified of costs and told the County
he was sending a check for the Operational Costs. Dan at Ferrin Signs was also
fully aware there was a $75/day fine being imposed. Several visits were made by
Ferrin Signs and the violation remained.
Assistant County Attorney, Jeff Wright, pointed out when considering these
types of requests to take into consideration; the cost upon the violator to correct,
the value of the real estate compared to the amount of the fine, the hardship that
it may cause on the Respondent and other equitable factors. The Respondent has
made a very cordial presentation, but not to lose sight that "he is" Bank of
America. When looking at a hardship and the value of the land etc., it is Bank of
America they are considering and not Mr. Scheffield.
Special Master Garretson granted the County's recommendation of reducing thefine by 18
days, paying Operational Costs of$197.42 and granted the request of the Respondent in
reducing the fine. The total imposition being assessed is for 160 days plus the Operational
Cost totalinf! $12.197.42.
6. NEW BUSINESS - None
11
September 15, 2006
7. REPORTS - None
8. COMMENTS - Ref: Case #154010 - The Exhibits have been asked for of the Deputy, as he
left with the pictures.
9. NEXT MEETING DATE - October 6, 2006
*****
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Master at 11 :57 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
12