CESM Minutes 02/02/2007
February 2, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, February 2, 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 9:00 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: February 2, 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 MA Y 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 19,2007
V. PUBLIC HEARINGS
IV. MOTIONS FOR CONTINUANCE
A. Stipulations
8. Hearings
I. 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:
DAS 11012
HAYDEE RANDA
DAS OFFICER BONNIE KUBICSEK
CHAPTER 14-36, PAR A(2)
DOG OR CAT RUNNING AT LARGE
DAS 11013
HA YDEE RANDA
DAS OFFICER BONNIE KUBICSEK
CHAPTER 14-34, PAR A(4)
FAILURE TO AFFIX LICENSE ON DOG/CAT
DAS 11301
MARIA GALVAN
DAS OFFICER PAUL MORRIS
CHAPTER 14-36, PAR A(2)
DOG RUNNING AT LARGE
DAS 11302
MARIA GAL VAN
DAS OFFICER PAUL MORRIS
CHAPTER 14-36, PAR A(2)
DOG RUNNING AT LARGE
DAS 11303
MARIA GALV AN
DAS OFFICER PAUL MORRIS
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
II. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
12. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
13. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
14. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CHAPTER 14-36, PAR A(2)
DOG RUNNING AT LARGE
DAS 11304
MARIA GAL V AN
DAS OFFICER PAUL MORRIS
CHAPTER 14-36, PAR A(2)
DOG RUNNING AT LARGE
SO 134330
CHARLES R. WILKINSON
DEPUTY SHERIFF LOTHROP
ORD. 130-66
ILLEGAL PARKING - BLOCKED ACCESS RD
SO 154707
RICHARD MOHANEY
DEPUTY SHERIFF WIEDEL
ORD. 130-66
IN PARKING LOT ROADWA Y
SO 141211
D1NO ROGGIERO
DEPUTY SHERIFF STEED
ORD. 130-67
HANDICAPPED SPACE
SO 152900
JANET L LUNEKE
DEPUTY SHERIFF KELLER
ORD. 130-67
HANDICAPPED SPACE
SO 152891
EDWIN L RICHMOND
DEPUTY SHERIFF KELLER
ORD. 130-67
HANDICAPPED SPACE
SO 141180
ELENA PECHURA
DEPUTY SHERIFF JOHN MAISANO
ORD. 130-67
HANDICAPPED SPACE
SO 149152
EMILE DUMAS
DEPUTY SHERIFF CPL. WOOD
ORD. 130-67
HANDICAPPED SPACE
SO 150141
IRIS PAUL
DEPUTY SHERIFF L. GARZA
ORD. 130-66
PARKING IN ROADWAY
15. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
16. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
17. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
18. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
19. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
20. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
21. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
22. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 150121
CHARLES CARR
DEPUTY SHERIFF L. GARZA
ORD.I30-66
PARKING IN ROADWA Y
PU 2342
DANIEL CHlRINOS & PATRICIA L SAUNIER
PUBLIC UTILITIES INV. TONY A PHILLIPS
ORD. 05-44, SEe. 5,6.7,8
LITTER CURBSIDE ON NON- PICK UP DAY
CE 002331
JAMES S CARRUTHERS
CODE INV. BOX
ORD. 130-66
PARKING ALONG SIDE ROAD IN ROW
1725 CAMELIAN LANE
NAPLES, FL.
CE 002488
SUSAN E ROMANO
CODE INV. MARTINDALE
ORD. 130-66
PARKING ALONG SIDE ROAD IN ROW
517 100TH AVENUE N.
NAPLES, FL.
CE 003306
CONNORS
CODE 1NV. ATHEY
ORD. SEC. 130-66 I (F)
PARKING ALONG SIDE ROAD IN ROW
POINCIANA STREET
NAPLES, FL.
CE 002633
PHILIP A ROBLES
CODE INV. AMBACH
ORD. SEC. 130-66 (2)G
PARKING IN ROW
2006120523
RENENTO BLANCO
CODE INVR. PAUL
ORD. 04-41, SEe. 4.05.03(A)
VEHICLES PARKED IN FRONT YARD
4244 22N 0 A VENUE S W
NAPLES, FL.
2006110272
SOSTHENE & RA YMONDE CASTHEL Y
CODE INVR. PAUL
ORD. 04-41, SEe. 4.05.03(A)
VIOLATION
ADDRESS:
23. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
24. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
25. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
26. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
27. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
VI. NEW BUSINESS
MULTIPLE CARS PARKED ON YARD
2717 TROPICANA BLVD.
NAPLES, FL.
2006050872
JOHN A PIPER
CODE INV. SANTAFEMIA
ORD. 2004-58, SEC. 7(2)
RENTAL REGISRTATION
440 GOLDEN GATE BLVD WEST
NAPLES, FL.
2006100404
AGUSDENIS INC. C/O DENIS NAZARETH
CODE INV. YBACETA
ORD. 2004-58, SEC. 7(2)
RENTAL REGISRTATION
4244 22ND A VENUE SW
NAPLES, FL.
2006100283
GEORGE G. & ANITA U. SMITH
CODE INV. BOX
ORD. 05-44, SEe. 6,7,8
LITTER
1120 ST. CLAIR SHORES ROAD
NAPLES, FL.
2006060712
JAMES & CATHY DONOVAN
CODE INV. MUCHA
ORD. 04-41, SEe. IO.02.06(B)(I)(A
WORK WITHOUT REQUIRED PERMIT
200 TAHITI CIRCLE
NAPLES, FL.
2006100842
LEONARDO HERNANDEZ
CODE INV. KEEGAN
ORD. 04-41, SEe. 2.01.00 C
COMMERCIAL VEHICLE / EQUIPMENT IN RESIDENTIAL AREA
219 7TH STREET N
IMMOKALEE, FL.
A. Motion for Imposition of Fines:
B. Motion for Reduction of Fines:
VII. OLD BUSINESS
A. Request to forward case for Collections I Foreclosure:
VIII. CONSENT AGENDA-
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
February 2,2007
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Master Brenda Garretson at
9:15 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.
RECESS: 9:25 AM
RECONVENED: 9:45 AM
II. APPROVAL OF AGENDA
Sue Chapin, Secretary to the Special Master, proposed the following changes:
. Written Stipulations: Cases 25, 22, and 21
. Oral Stipulations: Cases 13, 14,3,4,5,6, and 16
. Paid fines: Cases 7, 11, and 12
. Case # 8: will be heard when the attorney representing the Respondent arrives from
another Court proceeding
The Special Master approved the agenda as amended, subject to additional changes which
the Special Master may determine necessary during the course of the Hearing.
III. APPROVAL OF MINUTES - January 19, 2007
Approval of the Minutes was deferred to the February 16,2007 Hearing.
IV. MOTIONS FOR CONTINUANCE - NONE
V. PUBLIC HEARINGS
A. STIPULATIONS
25. Case # 2006100283 - BCC vs. Geofl!:e G. and Anita U. Smith
The Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondents were not present.
Violation(s): Ordinance 2005-44, Sections 6, 7, 8
Litter
2
February 2, 2007
Address of violation: 1120 St. Clair Shores Road, Naples, Florida 34104
A Stipulation was agreed to by the Respondent, George Smith, on behalf of his wife and himself
on January 31,2007.
Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of
the alleged violation(s) and were ordered to obtain to remove allliUer and debris on or before
February 16, 2007, or afine of$100 per day will be imposedfor each day the violation
remains thereafter.
The Respondents were ordered to pay Operational Costs in the amount of $147.41 incurred
during the prosecution of this case on or before March 2, 2007.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
22. Case # 2006110272 - BCC vs. Sosthene and Ravmonde Casthelv
The Hearing was requested by Code Enforcement Investigator Renald Paul who was present.
The Respondents were present earlier and agreed to the Stipulation, but left before the
Hearing was heard.
Violation(s): Ordinance 2004-41, Section 4.05.03(A)
Multiple cars parked on yard
Address of violation: 2717 Tropicana Blvd., Naples, Florida 34116
A Stipulation was agreed to by the Respondents.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing was properly served, andfinding the violation did exist but was
CORRECTED prior to today's hearing, the Respondents werefound GUILTY of the alleged
violation(s).
The Respondents were ordered to pay Operational Costs in the amount of $151. 93 incurred by
Code Enforcement during the prosecution of this case on or before March 2, 2007.
21. Case # 2006120523 - BCC vs. Renento Blanco
The Hearing was requested by Code Enforcement Investigator Renald Paul who was present.
The Respondent was present earlier and agreed to the Stipulation, but left before the Hearing
was heard. (The Respondent's correct name is "Rene".)
Violation(s): Ordinance 2004-41, Section 4.05.03(A)
Vehicles parked in front yard
Address of violation: 4244 22nd Avenue SW, Naples, FL 34117
3
February 2,2007
A Stipulation was agreed to by the Respondent.
The Investigator stated the violation had not yet been abated.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of
the alleged violation(s) and was ordered to remove all vehicles on or before February 9,
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 $151.93 incurred
during the prosecution of this case on or before March 2, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
13. Case # SO 149152 - BCC vs. Emile Dumas
The Hearing was requested by the Respondent who was not present.
Cpl. Wood, Collier County Sheriffs Office, was present.
Violation(s): Ordinance 130-67
Handicapped Space
Cpl. Wood offered a photograph of the marked parking space which was entered into
evidence and marked as County Exhibit "A."
The Special Master noted the Respondent had sent a letter to the Court in which he admitted
that he parked in the space because he did not think the blue paint was noticeable and did not
see the sign. The Respondent's letter was entered into evidence and marked as Respondent
Exhibit "B."
The Special Master stated that the evidence presented by Cpl. Wood supported the fact that
the parking space was sufficiently marked according to the County's Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $250 on or before
March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
14. Case # SO 150151 - BCC vs. Iris Paul, and
15. Case # SO 150121 - BCC vs. Charles Carr
Collier County Deputy SheriffL. Garza addressed the Special Master and asked that these
cases be dismissed based on the prior rulings of this Court. The Respondents had received
the summonses before November 20,2006 while the County's parking garage was under
construction.
4
February 2, 2007
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-referenced Citations
was DISMISSED.
3. Case # DAS 11301- BCC vs. Maria Galvan, and
4. Case # DAS 11302 - BCC vs. Maria Galvan, and
5. Case # DAS 11303 - BCC vs. Maria Galvan, and
6. Case # DAS 11304 - BCC vs. Maria Galvan
The Hearing was requested by Department of Animal Services Officer Paul Morris who was
present.
The Respondent was also present.
Rubin Galvan, her son, served as translator.
Violation(s): Chapter 14 -36, Paragraph A(2)
Dog running at large
The Officer stated the Respondent agreed to Oral Stipulations for all four cases, and that the
animals are no longer located at the Respondent's residence.
Finding the Notice of Hearing was properly served, the Respondent was found GUIL TY
of the alleged violation(s) and was ordered to pay a civil penalty of $1 00 for each of the four
citations on or before March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $28 incurred
during the prosecution of this case on or before March 2, 2007.
Total fin e: $428.00
16. Case # PU 2342 - BCC vs. Daniel Chirinos and Patricia L. Saunier
The Hearing was requested by Public Utilities Investigator Tonya Phillips who was present.
The Respondents had been present earlier and had agreed to a Stipulation, but left before the
Hearing could be heard.
Violation(s): Ordinance 2005-44, Sections 5, 6, 7 and 8
Litter at curbside on non-pick-up day
Address of violation: 5402 Martin Street, Naples, Florida 34113
A Stipulation had been agreed to by the Respondents.
The Investigator stated the violation had been abated.
5
February 2, 2007
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 $1 00. 00 and a citation fee
of $5.00 on or before March 2, 2007.
The Respondents were ordered to pay Operational Costs in the amount of $50 incurred by
Code Enforcement during the prosecution of this case on or before March 2, 2007.
Totalfine: $155.00
Sue Chapin, Secretary to the Special Master, informed the Special Master that the attorney
representing the Respondent in Case #8 had arrived.
The Special Master noted the following cases would not be heard since the fines were paid by
the respective Respondents:
7. Case # SO 134330 - BCC vs. Charles R. Wilkinson, and
11. Case # SO 152891 - BCC vs. Edwin L. Richmond, and
12. Case # SO 141180 - BCC vs. Elena Pechura
8. Case # SO 154707 - BCC vs. Richard Mohanev
The Hearing was requested by the Respondent who was not present but was represented by
Attorney Marquin Rinard.
Collier County Deputy Sheriff Wiedel was also present.
Violation(s): Ordinance 130-66
In parking lot roadway
The Officer stated he observed the vehicle parked in the roadway and issued a Citation.
Attorney Rinard stated the Respondent had been stopped by a Collier County Sheriff who
arrested the Respondent for driving on a suspended license and he was taken to jail. The
officer gave the Respondent the option of having his car towed or having someone pick it up.
He opted to have the car picked up and later called a friend to do so. He stated the
Respondent did not voluntarily leave the vehicle in the roadway.
The Special Master questioned why the arresting officers did not move the vehicle to a safer
location.
County Attorney Jeff Wright and Attorney Rinard conferred to examine the introductory
paragraph to County Ordinance 130-66 which provides for an exception when following the
direction of law enforcement. This situation, in Mr. Wright's opinion, fit within the
exception.
The Citation was WITHDRA WN by Deputy Sheriff Wiedel.
6
February 2, 2007
18. Case # CE 002488 - BCC vs. Susan E. Romano
The Hearing was requested by the Respondent who was present.
Code Enforcement Investigator Eddy Ybaceta was present for Investigator Martindale.
Violation(s): Ordinance 130-66
Parking along side road in right-of-way
The Respondent stated the address of the violation is an assisted living facility. She and her
family members were at the Vanderbilt Beach Assisted Living Facility to meet with the
hospice nurse, and to sign her mother into hospice care. The Respondent stated the facility's
driveway was very narrow and parking was extremely limited. She was in and out several
times to move her car to accommodate the hospice vehicles and medical vehicles requiring
access to the facility.
The Investigator introduced a photograph of the parked vehicle which was admitted into
evidence and marked as County Exhibit "A."
The Special Master asked the County Attorney ifhe had a copy of the County's Ordinance.
The Special Master ruled that this situation qualified under the exception of the Ordinance
and determined the Respondent was NOT GUILTY.
24. Case No. 2006100404 - BCC vs. Aeusdenis. Inc.. c/o Denis Nazareth
The Hearing was requested by Code Enforcement Investigator Eddy Ybaceta who was
present.
The Respondent was also present. He stated he was the President of the company and owner
of the rental units.
Violation(s): Ordinance 2004-58, Section 7(2)
Rental registration
Address of violation: 3616 Seminole Avenue, Naples, FL 34112
The Investigator stated the Respondent had agreed to an Oral Stipulation and would
immediately register the rental units and pay the costs.
The Special Master reminded the Respondent that he would be responsible for renewing the
rental registration on a yearly basis, and verified the correct address for rental units was, in
fact, 3616 Seminole Avenue. (The address on the agenda was incorrect.)
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to register all seven rental units on or before
February 7,2007, or afine of $25 per day per unit will be imposed for each day the violation
remains thereafter.
The Respondent was ordered to pay Operational Costs in the amount of $136.24 incurred
during the prosecution of this case on or before March 2, 2007.
7
February 2,2007
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
B. HEARINGS
26. Case # 2006060712 - BCC vs. James and Cathy Donovan
The Hearing was requested by Code Enforcement Investigator Joe Mucha who was present.
The Respondent, James Donovan, was present.
John Rogers was also present as a former owner of the property. He disclosed that he is a
licensed attorney in another state. He was not acting in the capacity of an attorney for this
Hearing, but as an Agent for the Respondent.
Violation(s): Ordinance 2004-4, Section 10.02.06(B)(1)(A)
Work without required permit
Address of violation: 200 Tahiti Circle, Naples, FL 34113
The Investigator stated he received a complaint from a neighboring property owner
concerning the construction of a roof on a boat house at 200 Tahiti Circle. He offered
several photographs which were admitted into evidence and marked as Composite County
Exhibit "A." The photographs depicted:
(a) the framed boathouse,
(b) the "Stop Work" Order, and
(c) a second view of the boathouse.
The Special Master asked if there were any objections to the photographs before she
examined them.
Mr. Rogers objected to the photographs. He stated the issue of this Hearing was "work
started/done on the boat house prior to the issuance of a permit." He felt the pictures were
not relevant to the issue before the Special Master. He admitted that work had begun before
a permit was issued, and that the situation had been corrected. There was nothing in the
Complaint about the width and size of the boat house. The only issue was the roof of the
boat house.
Attorney Craig Woodward, attorney for the neighbors, stated the "Stop Work" Order (issued
on June 19,2006) cited the"... boat dock being built is not the same as the existing dock that
is being replaced." He contended the Notice of Violation was not limited simply to the roof
issue. The dock is a legal non-conforming structure, but it was to be replicated exactly or it
would lose the non-conforming status. He stated the violation encompassed the entire
structure, not just the roof.
Mr. Rogers stated that he had a C/O verifying that the structure had been inspected and
approved on June 6, 2006. He had agreed to revisit the issue of the structure at a later date.
8
February 2, 2007
The Special Master stated that the primary concern of this Hearing was to ascertain what
Notice the Respondent had received and what he was prepared to present.
Investigator Mucha stated he had copies of emails from Ross Gochenaur, dated August 23,
2006 and November 28,2006. The Respondent did not object to the emails. The Special
Master reviewed the documents which were admitted into evidence and marked as County
Exhibits "B" and "C," respectively.
The Special Master stated the previous permits obtained by the Respondent were nullified
due to insufficient or incorrect information. The Special Master said she would grant a
Continuance if she were convinced that the Respondent was not prepared to respond to all of
the issues presented and would be prejudiced by continuing the Hearing.
RECESS: 11:15 AM
RECONVENED: 11:30 AM
Continuation of Case # 2006060712 - BCC vs. James and Cathv Donovan
Mr. Rogers stated that if the County had received incorrect or insufficient information, it was
not provided by the Respondent. He stated he needed to consult with and obtain defenses
from original contractor of the boathouse, the original surveyor, the original builder of the
dock, the original architect and the various County representatives with whom he met
previously.
Attorney Woodward agreed to stipulate to a Continuance.
The Special Master stated this particular Hearing would require additional time.
Dennis Mitchell, Code Enforcement Supervisor, stated he would check with all parties
concerned to arrange for a time certain at a future Hearing.
The Respondent stated his correct mailing address is 139 Trinidad Street, Naples, FL 34113.
The Special Master ruled this Case was to be CONTINUED to a date to be set, and that all
interested parties would receive written notice.
Sue Chapin, Secretary to the Special Master, stated Collier County requested that Item 17
on the agenda, Case # CE 002331 - BCC vs. James Carruthers, be continued to the
March 3, 2007 Hearing.
The Special Master GRANTED the County's Request for a Continuance.
1. Case # DAS 11012 - BCC vs. Havdee Randa
The Hearing was requested by the Respondent who was not present.
Department of Animal Services Officer Bonnie Kubicsek was present.
Violation(s): Chapter 14-36, Paragraph A(2)
9
February 2,2007
Dog or cat running at large
The Officer stated the Respondent had signed the Citation.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $1 00 together with
citation costs of $7. 00 on or before February 7,2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
Total fine: $157.00
2. Case # DAS 11013 - BCC vs. Havdee Randa
The Hearing was requested by the Respondent who was not present.
Department of Animal Services Officer Bonnie Kubicsek was present.
Violation(s): Chapter 14-34, Paragraph A(4)
Failure to affix license on dog/cat
The Officer stated the Respondent had abated the violation by obtaining a license for the dog.
Finding the Notice of Hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's hearing, the Respondent wasfound GUILTY of the alleged
violation(s) and was ordered to pay a civil penalty in the amount of $1 00. 00 and a citation fee
of$7.00 on or before March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred by Code
Enforcement during the prosecution of this case on or before March 2, 2007.
Totalfine: $157.00
9. Case # SO 141211- BCC vs. Dino Ro!!!!iero
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Steed was present.
Violation(s): Ordinance 130-67
Handicapped space
The Deputy presented photographs of the parking location which was admitted into evidence
as Composite County Exhibit "A."
Finding the Notice of Hearing was properly served, the Respondent was found GUIL TY
of the alleged violation(s) and was ordered to pay a civil penalty of $250 on or before
March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
Totalfine: $300.00
10
February 2,2007
10. Case # SO 152900 - BCC vs. Carl Luneke
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
Dennis Mitchell stated Carl Luneke had contacted him by telephone. Mr. Mitchell explained
the Notice of Hearing and gave him the date of this Hearing. He also stated that Carl was the
owner of the vehicle and his wife, Janet, was the driver.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $250 on or before
March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
Totalfine: $300.00
19. Case # CE 003306 - BCC vs. Connors
The Hearing was requested by the Respondent was not present.
Code Enforcement Investigator Athey was present.
Violation(s): Ordinance 130-66, Section I(F)
Parking along side road in right of way
The Investigator presented a photograph of a white, Dodge pick-up truck parked in the right-
of-way which was admitted into evidence and marked as County Exhibit "A."
The Special Master noted the signature on the Citation was not legible. County Attorney Jeff
Wright stated the Collier County Property Appraiser's website listed the owners of the
property at 2769 Poinciana Street, Naples, Florida 34015, as "Timothy and Michelle
Connors."
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty 0[$30 on or before
March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
20. Case # CE 002633 - Philip A. Robles
The Hearing was requested by the Respondent who was not present.
Code Enforcement Investigator Christopher Ambach was present.
Violation(s): Ordinance 130-66, Section 2(G)
Parking in right of way
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February 2,2007
The Investigator introduced two photographs of an automobile parked in the right-of-way
which was entered into evidence and marked as Composite County Exhibit "A."
Finding the Notice of Hearing was properly served, the Respondent wasfound GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $30 on or before
March 2, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $50 incurred
during the prosecution of this case on or before March 2, 2007.
23. Case # 2006050872 - BCC vs. John A. Piper
The Hearing was requested by Code Enforcement Investigator John Santafemia who was
present.
The Respondent was not present.
Violation(s): Ordinance 2004-58, Section 7(2)
Rental registration
Address of violation: 440 Golden Gate Blvd. West, Naples, Florida 34120
The Investigator stated the violation had been abated.
Finding the Notice of Hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's hearing, the Respondent wasfound GUILTY of the alleged
violation (s).
The Respondent was ordered to pay Operational Costs in the amount of $199. 66 incurred by
Code Enforcement during the prosecution of this case on or before March 2, 2007.
Respondent's home address: 92 Enchanting Blvd., Naples, FL 34112
27. Case # 2006100842 - BCC vs. Leonardo Hernandez
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(C)
Commercial vehicle/equipment in residential area
Address of violation: 219 7th Street N, Immokalee, FL 34142
The Investigator introduced a photograph depicting a commercial truck with debris which
was entered into evidence and marked as County Exhibit "A." He stated that he received
proof of delivery of certified mail from the US Postal Service.
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February 2,2007
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to the vehicle or store it in an enclosed structure
on or before February 7, 2007, or a fine of $1 00 per day will be imposed for each day the
violation remains thereafter.
The Respondent was ordered to pay Operational Costs in the amount of $121.05 incurred
during the prosecution of this case on or before March 2, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
VI. NEW BUSINESS
A. Motion for Imposition of Fines: NONE
B. Motion for Reduction of Fines: NONE
VII. OLD BUSINESS
A. Request to forward Case for Collections/Foreclosure: NONE
VIII. CONSENT AGENDA
NONE
IX. REPORTS
NONE
X. NEXT MEETING DATE - February 16, 2007.
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Master at 12:30 PM.
FOR THE COLLIER COUNTY SPECIAL MASTER HEARING
Special Master, Brenda Garretson
These Minutes were approved by the Special Master on
as presented , or as amended
, 2007,
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