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CESM Minutes 01/19/2007 January 19, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MASTER Naples, Florida, January 19,2007 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 9: 12 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: SPECIAL MASTER: Honorable Brenda Garretson Sue Chapin - Secretary to the Special Master COUNTY STAFF PRESENT: Dennis Mitchell- Code Enforcement Supervisor Jeff Wright - Assistant County Attorney HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: January 19, 2007 at 8:30 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 SPECIAL MASTER SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Master Brenda Garretson presiding II. APPROVAL OF AGENDA A. Hearing rules and regulations III. APPROVAL OF MINUTES - January 5, 2007 V. PUBLIC HEARINGS IV. MOTIONS FOR CONTINUANCE A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: 5. CASE NO: OWNER: OFFICER: PR 000129 EILEEN BERGER PARK RANGER C. BUCKLER ORD. 130-66 FAILURE TO DISPLAY PAID RECEIPT SO 158553 THOMAS E. PAPOLI DEPUTY SHERIFF KLINKMANN ORD. 130-66 FIRE LANE SO 153733 MARGARET HOOKER DEPUTY SHERIFF KLINKMANN ORD. 130-67 HANDICAPPED SPACE SO 152409 FRED KLUGLEIN DEPUTY SHERIFF KELLER 130-67 HANDICAPPED SPACE SO 152862 ROSE La VIT A DEPUTY SHERIFF KELLER VIOLATIONS: l30-67 HANDICAPPED SPACE 6. CASE NO: SO 150055 OWNER: STEPHEN GROGOZA OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 7. CASE NO: SO 134303 OWNER: STEPHEN GROGOZA OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 8. CASE NO: SO 134309 OWNER: MARK BRODERICK OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLA WFUL AREA 9. CASE NO: SO 141776 OWNER: JOE LITTLE OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLA WFUL AREA 10. CASE NO: SO 150074 OWNER: MIA COOLEY OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLA WFUL AREA 11. CASE NO: SO 150091 OWNER: PAULA HENSEL OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLA WFUL AREA 12. CASE NO: SO 134310 OWNER: BRANDANPRATT OFFICER: DEPUTY SHERIFF LOTHROP VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 13. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: 2006080737 RONALD ZBIKOWSKI & CYNTHIA BOBOT ZBIKOWSKI CODE INV.RENALD PAUL ORD. 2002-1 SEC 104.5.1.1 TO 104.5.4 FL. BLDG. CODE VIOLATION 291 11TH ST. S.W. NAPLES, FL. 2006120239 NORMAN & BONNY DERY CODE INV RENALD PAUL ORD. 2005-44 SEC 6,7,8 VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 16. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLA TIONS: VIOLATION ADDRESS: VI. NEW BUSINESS UNLAWFUL LITTER 4536 GOLDEN GATE PARKWAY NAPLES, FL. 2006100318 JOHN EMERY CODE INV. H. BOX ORD. 2004-41 SEC 2.01.00(A) RECREATIONAL VEHICLE 2815 BECCA AVE. NAPLES, FL. 2006100085 JILLJ. WEAVER CODE INV. E. YBACETA ORD. 2004-41 SEC 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES 4620 ACADIA LANE NAPLES, FL. 2006100088 JILL J. WEAVER CODE INV. E. YBACETA ORD. 2005-44 SEe. 7) UNLAWFUL ACCUMULATION OF LITTER 4620 ACADIA LANE NAPLES, FL. 2006090129 JEAN BAPTISTE VILMEUS CODE INV. THOMAS KEEGAN ORD. 2003-14 SEC 5,11 ADDRESS NUMBERS 800 HENDRY STREET IMMOKLEE, FL. 2006070971 JEAN BAPTISTE VILMEUS CODE INV. THOMAS KEEGAN ORD. 2004-41 SEC 2.01.00(A) UNLICENSED/INOPERABLE VEHICLES 800 HENDRY STREET IMMOKLEE, FL. A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLA TION 2005050529 GRACELIA GUZMAN CODE INV. C. AMBACH ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 24. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 25. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 26. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 27. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 28. CASE NO: OWNER: OFFICER: VIOLA TION ADDRESS: 115006 L'S FARM ROAD NAPLES, FL. 2005120434 EJ PROPERTIES CODE SUPERVISOR LETOURNEAU 509 DOAK AVE IMMOKALEE, FL. 2005110328 TERESO BAUTISTA & EMILIANNA LOPES V AASQUEZ CODE SUPERVISOR LETOURNEAU 3545 23RD AVE SW NAPLES, FL. 2005081095 WILLIAM M. STONESTREET CODE SUPERVISOR LETOURNEAU 43 TWIN PALMS NAPLES, FL. 2005100776 ELAINE DELORES CHOICE CODE SUPERVISOR LETOURNEAU 4500 GOLDEN GATE PRKY NAPLES, FL. 2005051077 RALPH & MARIA AGUILERA CODE INV. E. YBACETA 10020 BA YSHORE DRIVE NAPLES, FL. 2005090887 LOUISE LORESTIE & MORTIMER CALIXTE EST CODE INV. E. YBACETA 4106 ROSE AVE NAPLES, FL. 2005081023 ROBERTO & GLORIA CORNEJO CODE INV. RENALD PAUL 4089 23RD ST SW NAPLES, FL. 2005040764 BFS RETAIL & COMMERCIAL OPERATION, LLC. CODE INV.A. SORRELS 3612 TAMIAMI TRAIL EAST NAPLES, FL. 29. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 30. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 31. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 32. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 33. CASE NO: OWNER: OFFICER: VIOLATION ADDRESS: 2005090424 DANIEL ROBBINS CODE INV. M. BONO 4498 LAKEWWOOD BLVD. NAPLES, FL. 2005050140 FRANCIS A OAKES JR - MICHAEL A BA VIELLO JR. CODE INV.A. SORRELS 2205 DAVIS BLVD.. NAPLES, FL. 2004100228 DAVID CROCKETT JONES III CODE INV.A. SORRELS 2737 BA YSHORE DRIVE NAPLES, FL. 2005010315 FABIAN & MARIA LUZARDO CODE SUPERVISOR LETOURNEAU 1195 47TH AVE NE NAPLES, FL. 2005040921 ASHBY & DENISE GILKENSON CODE INV. e. GOMEZ 5960 GREEN BLVD. NAPLES, FL. B. Motion for Reduction of Fines: VII.OLD BUSINESS A. Request to forward case for Collections / Foreclosure: VIII. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by the Special Master, that item(s) will be removed from the Consent Agenda and considered separately. A. Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement violation enforcement actions. IX. REPORTS X. NEXT MEETING DATE .XI. ADJOURN January 19,2007 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Master Brenda Garretson at 9:12 AM. All those testifying at this proceeding today did so under oath. A. Hearing Rules and Regulations were given by Special Master Garretson. Special Master Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer for a Resolution by Stipulation; looking for compliance without being punitive. II. APPROVAL OF AGENDA Dennis Mitchell proposed the following amendments: . Case # SO 152409. Fred Kluelein The Citation was withdrawn by the County due to payment. . Case # 2005110328. Tereso Bautista & Emilianna Lopes VaasQuez The case was withdrawn by the County. . Case # 2006090913. Jean Baptiste Vilmeus The case number was corrected by the County. The Special Master approved the agenda as amended. III. APPROVAL OF MINUTES - January 5, 2007 The Minutes of the Special Master Hearing held on January 5, 2007 were reviewed by the Special Master and approved as submitted. IV. MOTIONS FOR CONTINUANCE 32. Case # 2005010315 - BCC vs. Fabian & Maria Luzardo Dennis Mitchell stated that the Respondents submitted a letter requesting a Continuance on Thursday, January 18, 2007. A copy of this letter was admitted into evidence and marked Respondents' Exhibit "A." Mr. Mitchell stated the County objected to the Respondents' Request for a Continuance. The Special Master DENIED the Respondents' Request for a Continuance because it was not submitted in a timely manner, and did not comply with the requirement of the County's Ordinance for a minimum often days prior notice. 2 January 19,2007 V. PUBLIC HEARINGS A. Stipulations 14. Case # 2006120239 - BCC vs. Norman & Bonnv Derv The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent, Bonny Dery, was present earlier and entered into a Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 2005-44, Sections 6, 7, 8 Unlawful Litter Address of violation: 4536 Golden Gate Parkway, Naples, Florida A Stipulation was agreed to by the Respondent. The Investigator stated this was a reoccurring violation. He also stated the Respondents had abated the violation by removing all of the litter. Finding the Notice of Hearing was properly served, and finding the violation did exist but was CORRECTED prior to today's hearing, the Respondents werefound GUILTY of the alleged violation(s) and were ordered to pay a civil penalty in the amount of $200.00 on or before February 19,2007. The Respondents were ordered to pay Operational Costs in the amount of$127.22 incurred by Code Enforcement during the prosecution of this case on or before February 19,2007. 4. Case # SO 152409 - BCC vs. Fred Kluelein The Hearing was requested by the Respondent who was present earlier, but left before the Hearing was heard. Collier County Deputy Sheriff Lawrence Keller was present. Violatiou(s): Ordinance 130-67 Handicapped Space The Investigator stated he had discussed the case with the Respondent who agreed to pay the fine. The Special Master assessed the fine at $250.00, and the Respondent was ordered to pay this fine on or before February 19,2007. The Special Master announced a recess to allow the Respondents the opportunity to confer with their Officer or Investigator to attempt to reach a Resolution by Stipulation. RECESS: 9:30 AM RECONVENED: 9:50 AM 3 January 19,2007 Dennis Mitchell stated there was an additional Stipulation to be presented to the Court. 3. Case # SO 153733 - BCC vs. Marearet Hooker This Hearing was requested by the Respondent who was present earlier, but left before the Hearing was heard. Collier County Deputy Sheriff Fred Klinkmann was present. Violation(s): Ordinance 130-67 Handicapped Space The Investigator stated he discussed the case with the Respondent who agreed to pay the fine. The Special Master assessed the fine at $250.00, and the Respondent was ordered to pay the fine on or before February 19,2007. B. Hearings 1. Case # PR 00129 - BCC vs. Eileen Bereer The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Carol Buckler was present. Violation(s): Ordinance 130-66 Failure to Display Paid Receipt Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $30.00 on or before February 19, 2007. The Respondent was ordered to pay Operational Costs in the amount of $50. 00 incurred during the prosecution of this case on or before February 19,2007. 2. Case # SO 158553 - BCC vs. Thomas E. Papoli The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Fred Klinkmann was present. Violation(s): Ordinance 130-66 Fire Lane Finding the Notice of Hearing was properly served, the Respondent wasfound GUILTY of the alleged violation(s) and was ordered to pay a fine of $60.00 on or before February 19, 2007. The Respondent was ordered to pay Operational Costs in the amount of $50. 00 incurred during the prosecution of this case on or before February 19,2007. 4 January 19, 2007 5. Case # SO 152862 - BCC vs. Rose LaVita The Hearing was requested by the Respondent who was not present. Collier County Deputy Sheriff Lawrence Keller was present. Violation(s): Ordinance 130-67 Handicapped Space The Respondent submitted a letter of explanation to the Court, which was admitted into evidence and marked as Respondent's Exhibit "A." In her letter, the Respondent stated that she had parked within the boundary of a handicapped space. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $250. 00 on or before February 19, 2007. Operational Costs were waived. Sue Chapin, Secretary to the Special Master, informed the Special Master there was another Stipulation to be heard. (The agenda was suspended) 13. Case # 2006080737 - BCC vs. Ronald Zbikowski & Cynthia Bobot Zbikowski The Hearing was requested by Code Enforcement Investigator Renald Paul who was present. The Respondent, Ronald Zbikowki, was present earlier and agreed to the Stipulation, but left before the Hearing was heard. Violation(s): Ordinance 2002-1, Sections 104.5.1 to 104.5.4 FL. Bldg. Code Address of violation: 291 11th Street SW, Naples, Florida A Stipulation was agreed to by the Respondent on behalf of himself and his wife. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain all required inspections and a Certificate of Completion for the fence, or to remove thefence on or before February 19, 2007, or afine of $1 00 per day will be imposed for each day the violation remains thereafter. The Respondents were ordered to pay Operational Costs in the amount of $153.17 incurred during the prosecution of this case on or before February 195,2007. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation has been abated. Sue Chapin, Secretary to the Special Master, informed the Special Master there was an email from Facilities Management concerning a prior problem with the County's parking garage which may affect the cases brought by Collier County Deputy Sheriff Lothrup. 5 January 19,2007 The Special Master stated she reviewed the document during the recess and noted there was an established "cut-off date" of November 20, 2006. Deputy Lothrop agreed that Cases 6 through 12 were cited prior to November 20,2006, and recommended that those Citations be dismissed. The Special Master agreed. 6. Case # SO 150055 - BCC vs. Stephen Groeoza 7. Case # SO 134303 - BCC vs. Stephen Groeoza 8. Case # SO 134309 - BCC vs. Mark Broderick 9. Case # SO 141776 - BCC vs. Joe Little 10. Case # SO 150074 - BCC vs. Mia Cooley 11. Case # SO 150091- BCC vs. Paula Hensel 12. Case # SO 134310 - BCC vs. Brandan Pratt Violation(s): Ordinance 130-66 Unlawful Area Finding the Notices of Hearing were properly served, the Respondents were individually found NOT GUILTY of the alleged violation(s). Each of the above Citations were DISMISSED. (The agenda was reinstated.) 15. Case # 2006100318 - BCC vs. John Emerv The Hearing was requested by Code Enforcement Investigator Heinz Box who was present. The Respondent was not present. Violation(s): Ordinance 2004-41, Section 2.01.00(A) Recreational Vehicle Address of violation: 2815 Becca Avenue, Naples, Florida The Investigator stated this was a repeat violation. He also stated the property had been posted on January 9, 2007. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove the boat from the property on or before January 22, 2007, or a fine of $50 per day will be imposed for each day the violation remains thereafter. The Respondent was ordered to pay a repeat violation civil penalty of $1 00.00 on or before February 19,2007. The Respondent was ordered to pay Operational Costs in the amount of $137.54 incurred during the prosecution of this case on or before February 19,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 6 January 19,2007 16. Case # 200610085 - BCC vs. Jill J. Weaver The Hearing was requested by Code Enforcement Investigator Eddy Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 2004-41, Section 2.01.00(A) Unlicensed/Inoperable Vehicles Address of violation: 4620 Acadia Lane, Naples, Florida The Investigator stated a Notice of Violation was sent via Certified mail on October 3,2006 and he had received proof of delivery from the United States Postal Service. Finding the Notice of Hearing was properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to obtain and affIX a valid license plate on the vehicle and to make the vehicle operable, or to remove the vehicle from the property, or to place it in a covered storage area on or before January 22, 2007, or a fine of $150 per day will be imposed for each day the violation remains thereafter. The Respondent was ordered to pay Operational Costs in the amount of $106.97 incurred during the prosecution of this case on or before February 19,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 17. Case # 2006100088 - BCC vs. Jill J. Weaver The Hearing was requested by Code Enforcement Investigator Eddy Ybaceta who was present. The Respondent was not present. Violation(s): Ordinance 2005-44, Section 7 Unlawful Litter Address of violation: 4620 Acadia Lane, Naples, Florida The Investigator stated a Notice of Violation was sent via Certified mail on October 3, 2006 and he had received proof of delivery from the United States Postal Service. The property was posted on January 9,2007. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to remove all litter and debris from the property on or before January 26,2007, or afine of$100 per day will be imposedfor each day the violation remains thereafter. If the Respondentfailed to comply, the County was directed to abate the violation on behalf of the Respondent and to assess the cost for same to the Respondent. The County was authorized to obtain the assistance of the SherifFs Department in order to gain admittance to the property if necessary. The Respondent was ordered to pay Operational Costs in the amount of $1 06. 9 7 incurred during the prosecution of this case on or before February 19, 2007. 7 January 19, 2007 18. Case # 2006090129 - BCC vs. Jean Baptiste Vilmeus The Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ordinance 2003-14, Sections 5 and 11 Address Numbers Address of violation: 800 Hendry Street, Immokalee, Florida Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to affIX correct address numbers to the property on or before January 26, 2007, or a fine of $50 per day will be imposed for each day the violation remains thereafter. The Respondent was ordered to pay Operational Costs in the amount of $114.87 incurred during the prosecution of this case on or before February 19,2007. The Respondent was ordered to notify the Investigator within 24 hours of a workday to concur the violation has been abated. 19. Case # 2006090913 - BCC vs. Jean Baptiste Vilmeus The Hearing was requested by Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ordinance 2004-41, Section 2.01.00(A) Unlicensed/Inoperable Vehicles Address of violation: 800 Hendry Street, Immokalee, Florida The Investigator stated the owner refused to sign the Notice of Violation. The Investigator sent the Notice to the Respondent via Certified mail, and also posted the property. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain and affIX a valid license plate on each vehicle, or remove the vehicles from the property, or store the vehicles in an enclosed structure on or before January 22, 2007, or a fine of $50 per day will be imposed for each day the violation remains thereafter. The Respondent was ordered to pay Operational Costs in the amount of $12 7.22 incurred during the prosecution of this case on or before February 19, 2007. The Respondent was ordered to notify the Investigator within 24 hours of a workday to concur the violation has been abated. RECESS: 10:32 AM RECONVENED: 10:46 AM 8 January 19, 2007 The Special Master stated the Hearing portion was concluded and the following cases constituted the County's Motions for Imposition of Fines. The Special Master further stated that these cases had previously been heard. Since the Respondents did not abate the violations, the County was asking for the assessment of accrued fines against the various properties and these cases were not being re-heard. VI. NEW BUSINESS A. Motion for Imposition of Fines 31. Case # 2004100228 - BCC vs. David Crockett Jones. III The County was represented by Dennis Mitchell, Code Enforcement Supervisor. The Respondent was present and was represented by Attorney Ray Bass. Address of violation: 2737 Bayshore Drive, Naples, Florida Dennis Mitchell stated the initial Order was dated June 3, 2005. The County requested payment of Operational Costs in the amount of$160.80 and fines of$37,425 (or $75/day for a period of 499 days), for a total of$37,585.81. Abatement occurred on December 15,2006. Attorney Bass offered evidence for mitigation. The Respondent stated he had been living in North Carolina since May, 2006. He stated the Notice of Violation had been sent to a Pine Ridge address. When he was advised of the Notice in October, 2006, he immediately contacted Mr. Bass who then asked for a Continuance. He also hired a contractor to abate the violation. He wished to make clear that he did not ignore the Notice, and acted accordingly once he was aware of it. Mr. Bass requested a reduction of fine. The Special Master stated that ownership of property carries a responsibility for the owner to ensure that the County's property records are updated and correct so that proper notice can be gIven. The Special Master GRANTED the County's request, but imposed a reducedfine of $12,475, together with Operational Costs of$160. 80, for a totalfine of$12,635.80. The Respondent was ordered to pay this fine on or before February 19, 2007, or the County will proceed with enforcement of the lien. 2. Case # 2005120434 - BCC vs. EJ Properties The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Field Supervisor Jeff Letourneau. The Respondent was represented by Arthur Lee James, manager for EJ Properties. Address of violation: 509 Doak Avenue, Immokalee, Florida 9 January 19,2007 Dennis Mitchell stated the initial Order was dated March 17, 2006. The County requested payment of Operational Costs in the amount of$195.59 and fines of$3,200 (or $50/day for a period of64 days), for a total of$3,395.59. Mr. James stated he had authority to represent the Respondent but not possess written proof. Mr. Mitchell stated that he had been advised by Mr. James that EJ Properties would pay the fine, and Mr. James concurred. The Special Master GRANTED the County's request and imposed a fine of $3,200, together with Operational Costs of $195. 59, for a totalfine of $3,395. 59. The Respondent was ordered to pay this fine on or before February 19,2007, or the County will proceed with enforcement of the lien. 25. Case # 2005051077 - BCC vs. Ralph & Maria Aeuilera The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondents were also present. Sandra Hernandez, their daughter, served as translator. Address of violation: 10020 Bayshore Drive, Naples, Florida Dennis Mitchell stated the initial Order was dated August 5, 2005. The County requested payment ofthe Operational Costs in the amount of $156.90. Ms. Hernandez stated that her parents would pay the fine. The Special Master GRANTED the County's request and imposed a fine of $156. 90. The Respondents were ordered to pay this fine on or before February 19,2007, or the County will proceed with enforcement of the lien. 27. Case # 2005081023 - BCC vs. Roberto & Gloria Cornejo The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator Renald Paul. The Respondents were also present. Priscilla Clark, their niece, served as translator Address of violation: 4089 23rd Street SW, Naples, Florida Dennis Mitchell stated the initial Order was dated November 28,2005. The County requested payment of Operational Costs in the amount of$168.97, a civil penalty of$200, and fines of$11,400 (or $100/day for a period of 114 days), for a total of$11,768.97. Ms. Clark stated her Aunt and Uncle had just received the letter of notification this past Friday. They were not aware of anyon-going fines. They had paid a previous Citation for a violation caused by a former tenant who lived at the duplex. At that time, an Investigator 10 January 19, 2007 came to the Cornejo residence on 18th Avenue to collect the payment. The previous Citation had been sent to their residence where they have lived for the past nine years. Mr. Mitchell stated since the County's property records indicate that the Respondents reside in Elizabeth, New Jersey; they had not notified the County of their change of address which is their responsibility. Investigator Paul stated the property at 4406 18th Avenue SW had been posted concerning this Notice. David Scribner, Code Enforcement Investigative Manager, testified under oath that he had personally informed Mr. Cornejo, during prior dealings, that he must report his change of address to the County. Attorney Jeff Wright stated the current address listed for the Respondents in the records of the Collier County Property Appraiser's Office is 4406 18th Avenue SW, Naples, Florida. The Special Master GRANTED the County's request but imposed a reduced fine of $5,700 (or 57 days at $100/day), together with Operational Costs of $168. 97 and a civil penalty of $200, and for a total fine of $6,068.97. The Respondents were ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 28. Case # 2005040764 - BCC vs. BFS Retail & Commercial Operation. LLC. The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator Azure Sorrels. The Respondent was presented by Mark Whitwell, Real Estate Manager for "Tires Plus" which is a subsidiary ofBFS. Address of violation: 3612 Tamiami Trail East, Naples, Florida Dennis Mitchell stated the initial Order was dated December 16,2005. The County requested payment of Operational Costs in the amount of$235.12, and fines of$25,200 (or $100/day for a period of252 days), for a total of$25,435.12. Mr. Whitwell explained that due to severe hurricane damage suffered in 2004 and 2005, the signage industry was totally backlogged and had nothing available for vendors who needed to repair signs. He stated his company made a good faith effort to abate the violation within the required time frame, but could comply because they were unable to obtain proper signage. The Special Master asked why his company had not asked for a continuance. Mr. Whitwell replied they should have, but did not. In the meantime, Mr. Whitwell said they contacted various signage vendors, and the store manager had been in contact with Code Enforcement. He stated there was a three-week delay from the date of the application of the permit and the issuance of the permit. The permit was approved on February 3, 2006, the date of application. It was not issued until February 21,2006. 11 January 19,2007 The Special Master GRANTED the County's request but imposed a reduced fine of $19,200 (or 192 days at $100/day), together with Operational Costs of $235. 12, for a total fine of $19,435.12. The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 29. Case # 2005090424 - BCC vs. Daniel Robbins The County was represented by Code Enforcement Supervisor Dennis Mitchell. The Respondent was also present. Address of violation: 4498 Lakewood Blvd., Naples, Florida Dennis Mitchell stated the initial Order was dated March 17, 2006. The County requested payment of Operational Costs in the amount of$175.51, and fines of$13,300 (or $100/day for a period of 133 days), for a total of$13,475.51. The Respondent stated when he last appeared before the Special Master, he thought that ninety days would be sufficient to complete the work. He stated he contacted 17 individuals in order to comply with the Special Master's order. The contractors he contacted gave him estimates of approximately $27,000 to do the work. He contacted a friend who was a contractor in Pennsylvania to come to Naples to help him. They installed the windows and doors themselves. He stated he was given incorrect information and obtained an electrical although it was not needed. He stated that he was not trying to disrespect the Order by not complying. He is in litigation with Pella because they did not tell him about the requirement for Florida-approved products. He said he paid $2,700.00 already to the County. Mr. Mitchell stated that the Respondent was present at the Hearing in March. He stated that the Respondent should have sought clarification ifhe was not sure of the issues before he left the Hearing. The Special Master GRANTED the County's request but imposed a reduced fine of $6,700 (or 67 days at $100/day), together with Operational Costs of$175.51,for a totalfine of $6,875.51. The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. The Special Master advised the Respondent that he has a right of appeal. 30. Case #2005050140 - BCC vs. Francis A. Oakes. Jr. The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator Azure Sorrels. The Respondent was also present. The Respondent clarified that he is Francis A. Oakes, III. He and his father, Francis A. Oakes, Jr., jointly own the property in question; his father is no longer involved in running the family business. Address of violation: 2205 Davis Blvd., Naples, Florida 12 January 19,2007 County Attorney Jeff Wright stated that Michael A. Baviello, Jr., had been inadvertently listed as a party to this action. Mr. Baviello is the Registered Agent for the Corporation. The Special Master stated she signed an Order removing him from this case; the Order is attached hereto. Dennis Mitchell stated the initial Order was dated December 16,2005. The County requested payment of Operational Costs in the amount of$218.49, and fines of$33,900 (or $100/day for a period of339 days), for a total of$34,118.49. The Respondent stated that the current sign on the premises was the third sign in the past two years. The first sign was that cited in April or May of2005. He hired a contractor to repair the sign. They were then cited because the sign was too large. The sign was then removed in December. At the time the sign was removed, they applied for a new permit for a new sign. The sign was down for three months. He understood that they abated the violation by removing the old sign. He was contacted in December, 2006, by an Investigator stating that the current sign was not in compliance. Mr. Mitchell stated that Oakes Farm is still in violation because the sign is still not in compliance. Investigator Sherry Patterson stated she was the Code Enforcement Investigator previously assigned to this case. She stated when she made a site visit in August, 2004, she determined that the sign on the building was not in compliance with Collier County's Ordinances because it had never been permitted. She instructed Mr. Oakes to either remove the sign or to obtain a new permit for it. They elected to remove the sign. That case was closed. Investigator Patterson further stated that in May, 2005, the Oakes obtained a new permit and installed a new sign. The new permit required the sign to be inspected. The permit expired on September 14,2005, but the sign still had not been inspected even though she advised the Respondent of his responsibility to call for an inspection. The case was then brought forward for hearing after the permit expired. The Special Master ordered the Respondent to either remove the sign or permit it within sixty days. The sign is still not in compliance, so the case was brought forward for an Imposition of Fines. The Respondent stated that he sent his contractor to Code Enforcement on December 15, 2005, to obtain a permit. He claimed that the new sign was inspected in July, 2005. He further stated that he was not aware of any other violation associated with the new sign. He thought the problem had been solved and they were in compliance. County Attorney Jeff Wright stated sign number one was cited and removed, so the case was closed. Sign number two was installed and was also cited. As a result of that violation, a Stipulation was entered into on December 15, 2005. He stated the confusion may be because the Respondent removed sign number two pursuant to the terms of the Stipulation, but then obtained another permit on December 30, 2005 in order to erect a sign number three, the current sign, which is not in compliance due to a failed inspection report. 13 January 19,2007 Investigator Azure Sorrels stated that current sign was inspected in July, 2005, but had failed because of a change in the wording of the sign. The wording specified in the permit was different from the actual wording on the sign. The Special Master determined that this case would be CONTINUED for thirty days during which time the Respondent was ordered to fIX the language of the sign and to have the sign inspected. (The Hearing will be scheduled for February 16,2007.) RECESS: 12:30 PM RECONVENED: 12:45 PM The Special Master clarified Case #2006090913 - BCC vs. Jean Baptiste Vilmeus. The Special Master assessed Operational Costs of$127.22 and required compliance by January 22, 2007, or a fine of $50 per day will be imposed if abatement does not occur. 33. Case # 2005040921 - Ashbv & Denise Gilkeson The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator Carmello Gomez. The Respondent was also present. (Respondent's last name is spelled "Gilkeson".) Address of violation: 5960 Green Blvd., Naples, Florida This case was continuedfrom the January 5, 2007 Hearing. Dennis Mitchell stated the County requested payment of Operational Costs in the amount of $238.18, and fines of$54,250 (or $250/day for a period of217 days), for a total of $54,488.18. The Respondent stated he paid the Operational Costs on March 16,2006. Code Enforcement Investigator Carmello Gomez stated the property had been re- inspected and the Certificate of Completion was issued on January 12,2007. The Special Master asked if the County was adjusting the fine period from January 19th to January Ith. Investigator Gomez agreed. The Special Master recalculated the time frame to 210 days or a fine of$52,500. Dennis Mitchell stated he could not verify if the Operational Costs had been paid, but he would accept the Respondent's assertion that it was paid. The Special Master asked the Respondent ifhe could produce any documentation to substantiate his claim that he had made efforts to come into compliance. The Respondent stated that he bought the property with a guesthouse and being required to strip it down to a storage shed had devalued the property. 14 January 19, 2007 The Special Master GRANTED the County's request but imposed a reducedfine of $27,500 (or 110 days at $250/day). The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 1. Case # 2005050529 - BCC vs. Gracelia Guzman The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator C. Ambach. The Respondent was not present. Address of violation: 11500 6Ls Farm Road, Naples, Florida Dennis Mitchell stated the initial Order was dated September 2,2005. The County requested payment of Operational Costs in the amount of $190.60, and fines of $21 ,800 (or $50/day for a period of 436 days), for a total of$21,990.60. Code Enforcement Investigator Ambach verified the Respondent had received notice of the hearing. The Special Master GRANTED the County's request and imposed afine of $21, 800, together with Operational Costs of $190.60, for a total fine of $21,990.60. The Respondents were ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 3. Case # 2005110328 - BCC vs. Tereso Bautista & Emilianna Lopes VaasQueaz Mr. Mitchell stated that this matter has been resolved and withdrawn by the County. 4. Case # 2005081095 - BCC vs. William M. Stonestreet The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Field Supervisor Jeff Letoumeau. The Respondent was not present. Address of violation: 43 Twin Palms, Naples, Florida Dennis Mitchell stated the initial Order was dated November 28, 2005. The County requested payment of Operational Costs in the amount of $217.28, and demolition costs of $4,200, for a total of$4,417.28. The County used public funds to abate the violation. Mr. Mitchell stated the Respondent was mailed a notice of to day's hearing by Certified mail and the property was posted. The invoice for the demolition was entered into evidence as County Exhibit "A". 15 January 19,2007 The Special Master GRANTED the County's request and imposed a fine of $4,200, together with Operational Costs of$217.28,for a totalfine of$4,417.28. The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 24. Case # 2005100776 - BCC vs. Elaine Delores Choice The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Field Supervisor Jeff Letoumeau. The Respondent was not present. Address of violation: 4500 Golden Gate Parkway, Naples, Florida Dennis Mitchell stated the initial Order was dated March 17, 2006. The County requested payment of Operational Costs in the amount of$254.09, and fines of$146,500 (or $500/day for 293 days), for a total of$146,754.09. Mr. Mitchell stated the Respondent was mailed a notice of today' s hearing by Certified mail and the property was posted. The Special Master GRANTED the County's request and imposed a fine of$146,500, together with Operational Costs of $254. 09, for a totalfine of $146, 754.09. The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 26. Case # 2005090887 - BCC vs. Louise Lorestie & Estate of Mortimer Calixte The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Investigator Eddy Ybaceta. The Respondent was not present. Address of violation: 4106 Rose Avenue, Naples, Florida Dennis Mitchell stated the initial Order was dated November 28,2005. The County requested payment of Operational Costs in the amount of $169.83, and fines of$17,200 (or $50/day for 344 days), for a total of$17,369.83. Mr. Mitchell stated the Respondent was mailed a notice oftoday's hearing by Certified mail and the property was posted. The Special Master GRANTED the County's request and imposed a fine of $17,200, together with Operational Costs of $169. 83, for a totalfine of$17,369.83. The Respondent was ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. 16 January 19, 2007 32. Case # 2005010315 - BCC vs. Fabian & Maria Luzardo The County was represented by Code Enforcement Supervisor Dennis Mitchell and by Code Enforcement Field Supervisor Jeff Letoumeau. The Respondents were not present. Address of violation: 1195 4 7th Avenue NE, Naples, Florida Dennis Mitchell stated the initial Order was dated February 7,2005. The County requested payment of Operational Costs in the amount of$169.89, and fines of$51,000 (or $100/day for 511 days), for a total of$51,269.89. The Special Master stated the Respondents requested a Continuance, which was not received in a timely manner and was previously denied. The letter sent by Ms. Luzardo was entered into evidence and marked as Respondents' Exhibit "A." The Special Master also commented that the content of the letter was not only a Request for a Continuance, but also an admission that they are still in the process of attempting to comply with the Order of February 7, 2005. The Special Master GRANTED the County's request and imposed a fine of$51,000, together with Operational Costs of$169.89,for a total fine of$51,269.89. The Respondents were ordered to pay this fine on or before April 19, 2007, or the County will proceed with enforcement of the lien. VII. OLD BUSINESS A. Request to forward Case for Collections/Foreclosure: NONE VIII. CONSENT AGENDA Sue Chapin, Secretary to the Special Master, noted the items submitted under this Item have been approved and signed. IX. REPORTS Email correspondence from Facilities Management to Dennis Mitchell X. NEXT MEETING DATE - February 2, 2007. There being no further business for the good of the County, the Hearing was adjourned by order of the Special Master at 1 :30 PM. FOR THE COLLIER COUNTY SPECIAL MASTER HEARING Special Master, Brenda Garretson 17