CESM Minutes 02/16/2007
February 16,2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, February 16, 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:
Jeff Wright - Assistant County Attorney
Jeff Letourneau - Code Enforcement Supervisor
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: February 16,2007 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
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 SPECIAL
MASTER SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
A. Hearing rules and regulations
I. CALL TO ORDER - Special Master Brenda Garretson presiding
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - January 19, 2007 & February 2, 2007
V. PUBLIC HEARINGS
IV. MOTIONS FOR CONTINUANCE
A. Stipulations
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 158593
CHARLES O. MINNING
DEPUTY KLINKMANN - #1660
ORD. SEe. 130-67
HANDICAPPED SPACE - PARKING IN WHEELCHAIR ACCESS AREA
VIOLATION
ADDRESS: BERKSHIRE COMMONS - PUBLIX
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11159
MICKELLE MARIE GRAIGMILE
DAS OFFICER WILLIAM GEORGE
ORD. 14-41, SEe. (A)5
LEAVING AN ANIMAL IN A VEHICLE WITHOUT WATER OT PROPER
VENTILATION - UNATTENDED
VIOLATION
ADDRESS: W ALMART ON COLLIER BLVD.
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CO 01957
BRAD TANNER
INV. STEVE ATHEY
CHAPTER 162.06, SEe. 4
FAILURE TO PROVIDE ADEQUATE WATER SUPPLY TO RENTAL PROPERTY.
VIOLATION
ADDRESS: 66991 ST AVENUE N.
4.
CASE NO:
OWNER:
PR 000226
LINDA ROMAN
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN # 5525
VIOLATIONS: ORD. SEe. 130-66
UNLA WFUL AREA - FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS
5. CASE NO: 2006090182
OWNER: JOHN DIMARCO
OFFICER: INV. EVERILDO YBACETA
VIOLATIONS: ORD. 04-41, SEe. 2.01.00(C) AND SEC. 1.04.01
COMMERCIAL VEHICLES/EQUIPMENT IN RESIDENTIAL DISTRICT.
VIOLATION
ADDRESS: 2978 POPLAR STREET
6. CASE NO: 2006100596
OWNER: SIDNEY KIMBLE
OFFICER: INV. EVERILDO YBACETA
VIOLATIONS: ORD. 04-41, SEC 2.01.00(A), 4.05.03(A) & 1.04.0, ORD. 04-58, SEe. 6(17)
INOPERABLE AND UNLICENSED VEHICLES AND PARKING ON NON-
STABILIZED SURFACE
VIOLATION
ADDRESS: 156 JEEPERS DRIVE
7. CASE NO: 2006100692
OWNER: JILL J. WEAVER
OFFICER: INV. EVERILDO YBACET A
VIOLA TIONS: ORD. 04-41, SEC 2.01.00(B)
INAPPROPRIATE STORAGE OF RECREATIONAL VEHICLES.
VIOLATION
ADDRESS: 3064 V AN BUREN A VENUE
8. CASE NO: 2005120130
OWNER: JOSE A. ORTEGA
OFFICER: INV. HEINZ BOX
VIOLATIONS: ORD. 05-44, SEe. 6, 7, & 8
LITTER, CONSISTING OF, BUT NOT LIMITED TO, MOBILE HOME
FOUNDATION, WOOD, METAL, PLASTIC, TIRES, CAR PLATES AND PAPER.
VIOLATION
ADDRESS: 3107 KAREN DRIVE
9. CASE NO: 2006100179
OWNER: GREG & RUTH EAGEN
OFFICER: INV. HEINZ BOX
VIOLATIONS: ORD. 04-41, SEe. 2.01.00(C)
COMMERCIAL VEHICLES/EQUIPMENT IN RESIDENTIAL DISTRICT.
VIOLATION
ADDRESS: 1342 ALHAMBRA CIRCLE N.
10. CASE NO: 2006110100
OWNER: DANIEL PUSCAS
OFFICER: INV. HEINZ BOX
VIOLATIONS: ORD. 04-41, SEe. 2.01.00(C)
COMMERCIAL VEHICLES/EQUIPMENT IN RESIDENTIAL DISTRICT.
VIOLATION
ADDRESS: 4104 MINDI A VENUE
11. CASE NO: 2006090442
OWNER: EUGENEJONESSR.
OFFICER: INV. JOE MUCHA
VIOLATIONS: ORD. 04-58, SEe. 7(5)
FAILURE TO OBTAIN RENTAL REGISTRATION
VIOLATION
ADDRESS: 408015TH STREET SE
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
2.
3.
4.
5.
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2004070513
SHADI OF NAPLES, INC MAKSUDAR RAHMAN, REG. AGENT
INV. KITCHELL SNOW
ORD. 04-41,SEC. 10.01.00, 10.02.06 & 2.02.03
CANOPY AND GROUND SIGNS ERECTED WITHOOUT OBTAINING
REQUIRED PERMITS.
VIOLATION
ADDRESS: 521 1ST STREET SOUTH
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006040788
PEDRO M. HERRERA ESTATE
INV. THOMAS KEEGAN
ORD. 05-44, SEC, 6, 7, & 8
ACCUMULATION OF LITTER
C/O ADAM HERRERA
VIOLATION
ADDRESS: 1122 IMMOKALEE DRIVE
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006050079
PEDRO M. HERRERA ESTATE C/O ADAM HERRERA
INV. THOMAS KEEGAN
ORD. 04-58, SEC. 6 SUBSEC. 12B, 1
BROKEN DOORS, WINDOWS, EXTERIOR WALLS, ALL IN NEED OF REPAIR
VIOLATION
ADDRESS: 1122 IMMOKALEE DRIVE
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006030815
MARION SMITH & JAMES SEALS
INV. JOE MUCHA
ORD. 04-41, SEe. 2.01.00(A)
INOPERABLE AND UNLICENSED VEHICLES
VIOLATION
ADDRESS: 5406 & 5408 CARL TON STREET
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006050912
MARION SMITH & JAMES SEALS
INV. HEINZ BOX
ORD. 05-44, SEe. 6, 7, & 8
ACCUMULA TION OF LITTER
VIOLATION
ADDRESS: 5406 CARLTON STREET
VIOLATION
ADDRESS: 5406 CARLTON STREET
CASE NO:
OWNER:
2006060001
MARION SMITH & JAMES SEALS
OFFICER: INV. HEINZ BOX
VIOLA TIONS: ORD. 04-58, SEe. 7
FAILURE TO OBTAIN RENTAL REGISTRATION
VIOLATION
ADDRESS: 5406 CARL TON STREET
7. CASE NO: 2006050608
OWNER: MARION SMITH & JAMES SEALS
OFFICER: SUPERVISOR JEFF LETOURNEAU
VIOLATIONS: ORD. 04-58, SEe. 6 SUBSEC. 10, 11, 12B, 121, 12J, 12K, 12L & 12M
MULTIPLE MINIMUM HOUSING CODE VIOLATIONS
VIOLATION
ADDRESS: 5408 CARL TON STREET
8. CASE NO: 2006070944
OWNER: ROBERT FLICK
OFFICER: INV. JOE MUCHA
VIOLATIONS: ORD. 04-41, SEe. 2.01.00(1)
UNLICENSED VEHICLE
VIOLATION
ADDRESS: 5325 CARL TON STREET
9. CASE NO: 2006060099
OWNER: ROBERT FLICK
OFFICER: INV. JOE MUCHA
VIOLATIONS: ORD. 05-44, SEe. 6 & 7
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 5325 CARL TON STREET
10. CASE NO: 2006060090
OWNER: ROBERT FLICK
OFFICER: INV. JOE MUCHA
VIOLATIONS: ORD. 05-44, SEe. 6, 7, & 8
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 5329 CARL TON STREET
11. CASE NO: 2006050099
OWNER: ROBERT FLICK AND MELIVIN & MARGARET ENDERLE TR.
OFFICER: SUPERVISOR JEFF LETOURNEAU
VIOLATIONS: ORD. 04-58, SEe. 7
FAILURE TO OBTAIN RENTAL REGISTRATION
VIOLATION
ADDRESS: 3423 CANAL STREET
12. CASE NO: 2006050114
OWNER: ROBERT FLICK AND MELIVIN & MARGARET ENDERLE TR.
OFFICER: SUPERVISOR JEFF LETOURNEAU
VIOLATIONS: ORD. 04-58, SEe. 6 SUBSEC. 12B, 12C, 121, 12L & 12M
MULTIPLE MINIMUM HOUSING CODE VIOLATIONS
VIOLATION
ADDRESS: 3423 CANAL STREET
13. CASE NO: 2005050140
OWNER: FRANCIS A. OAKES JR.
OFFICER: INV.AZURE SORRELS
VIOLATIONS: ORD. 04-41, SEe. 10.02.06
ALTERATION TO POLE SIGN WITHOUT REQUIRED PERMIT
VIOLATION
ADDRESS: 2205 DAVIS BOULEVARD
B. Motion for Reduction of Fines:
VII. OLD BUSINESS
A. Request to forward case for Collections / Foreclosure:
CASE NO:
CASE NO:
CASE NO:
CASE NO:
2005060680 / 681 / 695
2005080446
2005031150
2004020378
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: 03-02-07
XI. ADJOURN
February 16,2007
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Master Brenda Garretson at
9:00 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: 9:15 AM
RECONVENED: 9:30 AM
II. APPROVAL OF AGENDA
Sue Chapin, Secretary to the Special Master, proposed the following changes:
. Written Stipulations: Cases 3, 4, 8, and 10 will be heard in the order under
which they were submitted.
. New Business: Case #8 has been rescheduled to a future date
. Old Business: Case #8 has been rescheduled to a future date
The Special Master approved the agenda as amended, subject to any changes made at the
discretion of the Special Master.
III. APPROV AL OF MINUTES - January 19, 2007 and February 2, 2007
The Minutes of the Hearings for January 19,2007 and February 2,2007 were reviewed by
the Special Master and approved as submitted.
IV. MOTIONS FOR CONTINUANCE - NONE
V. PUBLIC HEARINGS
A. STIPULATIONS
8. Case # 2005120130 - BCC vs. Jose A. Orteea
The Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent was represented by Jorge Moreno, as Attorney-in-Fact, who was present earlier
and entered into a Stipulation but left before the Hearing could be heard.
Violation(s): Ordinance 2005-44, Sections 6, 7, and 8
Litter, consisting of, but not limited to, mobile home foundation, wood, metal, plastic, tires, car
plates, and paper
Address of violation: 3107 Karen Drive, Naples, Florida 34112-7364
2
February 16, 2007
A Stipulation was agreed to by Jorge Moreno as Attorney-in-Factfor the Respondent.
The Investigator stated Mr. Moreno presented a properly executed Power of Attorney. The
Special Master requested that the Investigator obtain a copy of the document which will be
included in the Court's file.
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 on or before
February 23,2007, or afine of$100 per day would be imposed for each day the violation
remained thereafter.
The Respondent was ordered to pay Operational Costs in the amount of $166.33 incurred
during the prosecution of this case on or before March 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
10. Case # 2006110100 - BCC vs. Daniel Puscas
The Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent was present earlier and entered into the Stipulation, but left before the
Hearing was heard.
Violation(s): Ordinance 2004-41, Section 2.0 1.00(e)
Commercial vehicles/equipment in residential district
Address of violation: 4104 Mindi Avenue, Naples, Florida 34112-6740
A Stipulation was agreed to by the Respondent.
The Investigator stated the violation had 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 the vehicle, or to store it in the back yard
concealed from view, or to store it in an enclosed structure on or before February 20,2007,
or a fine of $1 00 per day would be imposed for each day the violation remained thereafter.
The Respondent was ordered to pay Operational Costs in the amount of $166.33 incurred
during the prosecution of this case on or before March 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
9. Case # 2006100179- BCC vs. Gre!! and Ruth Ea!!en
The Hearing was requested by Code Enforcement Investigator Heinz Box who was present.
The Respondent, Greg Eagan, was present and entered into the Stipulation.
Violation(s): Ordinance 2004-41, Section 2.01.00(C)
Commercial vehicles/equipment in residential district
Address of violation: 3142 Alhambra Circle N., Naples, Florida
A Stipulation was agreed to by the Respondent, Greg Eagan, on behalf of his mother, Ruth
Eagan, and himself.
3
February 16, 2007
The Investigator stated the Respondents are co-owners of the property.
Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of
the alleged violation(s) and were ordered to remove the vehicle, or to store it in the back yard
concealedfrom view, or to store it in an enclosed structure on or before February 20,2007,
or a fine of $1 00 per day would be imposed for each day the violation remained thereafter.
The Respondents were ordered to pay Operational Costs in the amount of $117. 00 incurred
during the prosecution of this case on or before March 16, 2007.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
3. Case # SO 01957 - BCC vs. Brad Tanner
The Hearing was requested by Code Enforcement Investigator Steve Athey. Supervisor Jeff
Letourneau presented this case on behalf of the Investigator.
The Respondent was not present
Violation(s): Chapter 162.06, Section 4
Failure to provide adequate water supply to rental property
Address of violation: 669 9pt Avenue North, Naples, Florida 34108-2422
A Stipulation was agreed to by the Respondent on February 12, 2007.
Supervisor Letourneau stated that 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 Respondent wasfound GUILTY of the alleged
violation(s) and was ordered to pay a civil penalty in the amount of $250.00 on or before
March 16, 2007.
The Respondent was ordered to pay Operational Costs in the amount of$5.00 incurred by
Code Enforcement during the prosecution of this case on or before March 16, 2007.
Totalfine: $255.00
4. Case # PR 000226 - BCC vs. Linda Roman
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Mauricio Araquistain was also present.
Violation(s): Ordinance Sec. 130-66
Unlawful Area - failure to display paid parking receipt
The Ranger stated the Respondent sent a letter explaining she had paid the parking fee and
had placed the receipt under her car's windshield wiper. It was apparently removed. He
asked the Special Master for consideration for the Respondent because her situation was
credible.
The Respondent explained she had given her car keys to her daughter who walked onto the
beach while the Respondent purchased the parking receipt and was, therefore, unable to place
the receipt inside the car on the dashboard.
4
February 16, 2007
Finding the Notice of Hearing was properly served, the Respondent was found NOT
GUILTY of the alleged violation(s). The Citation was DISMISSED.
Sue Chapin, Secretary to the Special Master stated there were no further Stipulations to be
heard.
B. HEARINGS
1. Case # SO 158593 - BCC vs. Charles O. Minnim!
The Hearing was requested by Collier County Deputy Sheriff Fred Klinkmann who was
present.
The Respondent was also present.
Violation(s): Ordinance Sec. 130-67
Handicapped space - parking in wheelchair access area
The Investigator stated he had spoken with the Respondent who had a handicapped parking
permit, and requested to amend the violation from 130-67 to 130-66 (parking in an unlawful
area) which would reduce the violation fine to $30.
The Special Master asked the Respondent ifhe agreed to pay the fine as amended. He stated
he would pay it.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civilfine of $30. 00 on or before
March 16, 2007.
The Operational Costs were waived.
The Special Master requested Deputy Klinkmann to explain the regulations regarding parking
in and around handicapped parking areas to the Respondent.
2. Case # DAS 11159 - BCC vs. Mickelle Marie Grai!!mile
The Hearing was requested by the Respondent was not present
Collier County Department of Animal Services Officer William George was present.
Violation(s): Ordinance 04-41, Section (A) 5
Leaving an animal in a vehicle without water or proper ventilation - unattended
The Special Master inquired if the Postal Service had returned the proof of service of the
certified mail. County Attorney Jeff Wright stated the Summons had been returned. The
Special Master determined that Notice had not been properly served.
The Special Master ordered this Case to be CONTINUED and rescheduled to a future
hearing date.
5. Case # 2006090182 - BCC vs. John DiMarco
The Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
5
February 16, 2007
The Respondent was not present.
Violation(s): Ordinance 2004-41, Section 2.01.00(C) and 1.04.01
Commercial vehicles/equipment in residential district
Address of violation: 2978 Poplar Street, Naples, Florida 34112-5830
The Investigator stated the Respondent had been noticed previously for the same violation.
He introduced a photograph of the two parked vehicles which was admitted into evidence and
marked as County Exhibit "A," and a photograph of a back hoe which was admitted into
evidence and marked as County Exhibit "B."
The Investigator noted the Respondent had abated the violation.
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 $117.48 incurred by
Code Enforcement during the prosecution of this case on or before March 16, 2007.
6. Case No. 2006100596 - BCC vs. Sidney Kimble
The Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): Ordinance 2004-41, Sections 2.01.00(A), 4.05.03(A) and 1.04.0
Ordinance 2004-58, Section 6(17)
Inoperable/unlicensed vehicles and parking on non-stabilized surface
Address of violation: 156 Jeepers Drive, Naples, Florida 34112-6500
Supervisor Letourneau stated the Postal Service's website verified delivery of the certified
mail via "Track and Confirm" on February 3,2007. The file also contained an Affidavit of
Mailing.
Investigator Ybaceta introduced a photograph of the vehicle which was admitted into
evidence and marked as County Exhibit "A."
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 the
vehicle, or to remove it from the property on or before February 20, 2007, or a fine of $50
per day would be imposed for each day the violation remained thereafter.
The Respondent was ordered to pay Operational Costs in the amount of $11 0.78 incurred
during the prosecution of this case on or before March 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
6
February 16,2007
Investigator Ybaceta informed the Special Master that the Respondent in Case #7 had
arrived late; he requested time to meet with her before presenting Case # 2006100692 - BCC
vs. Jill Weaver.
11. Case # 2006090442 - BCC vs. EU2ene Jones. Sr.
The Hearing was requested by Code Enforcement Investigator Joe Mucha. Supervisor Jeff
Letourneau presented this Case on behalf of the Investigator.
The Respondent was present.
Violation(s): Ordinance 2004-58, Section 7(5)
Failure to obtain rental registration
Address o[violation: 4080 15th Street SE, Immokalee, Florida
Supervisor Letourneau stated that the Respondent previously had rental registrations on these
units, but failed to renew them on a timely basis.
The Respondent informed the Court he is the primary care-giver for his mother who recently
became ill. He was living out of town while caring for his mother. He stated that he paid the
tangible tax, but forgot about renewing the registrations on the rental units.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to renew the registrations for the three units at a
cost of $60, and to pay the late fee of $240 on or before February 20, 2007, or a fine of $25
per day per unit would be imposed for each day the violation remained thereafter.
The Respondent was ordered to pay Operational Costs in the amount of$127.43 incurred
during the prosecution of this case on or before April 16, 2007.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation has been abated.
7. Case # 2006100692 - BCC vs. Jill J. Weaver
The Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who was
present.
The Respondent was also present.
Violation(s): Ordinance 2004-41, Section 2.01.00(B)
Inappropriate storage of recreational vehicles
Address of violation: 3064 Van Buren Avenue, Naples, Florida 34112-4462
The Officer stated the Respondent agreed to an Oral Stipulation.
The Respondent stated the vehicle was owned by her tenant, but that she would move it.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to move the vehicle to the rear yard or to remove
it from the property on or before February 20, 2007, or a fine of $150 per day would be
imposed for each day the violation remained thereafter.
7
February 16, 2007
The Respondent was ordered to pay Operational Costs in the amount of$120.05 incurred
during the prosecution of this case on or before March 16, 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
1. Case # 2004070513 - BCC vs. Shadi of Naples. Inc.
The County was represented by Code Enforcement Supervisor Jeff Letourneau.
The Respondent was present.
Gary Hicks, a witness, was also present.
The County requested assessment of Operational Costs in the amount of $230.46, together
with fines of $50 per day for the period from November 6, 2005 through February 16, 2007
(or 504 days) in the amount $25,200. Total amount of fines: $25,430.46.
Supervisor Letourneau stated the violation had been abated.
Mr. Hicks stated that he represented the sign company. He stated that permits were pulled
for both the canopy sign and the ground sign. He claimed there was a misunderstanding
concerning the final inspection. When he was notified by the property owner in January,
2007, of the non-compliance, he abated the violation by February 15,2007.
The Special Master GRANTED the County's request but imposed a reducedjine of$3,100
(or $950 for Count 1, the canopy, at 19 days and $2,150 for Count 2, the ground sign, at 43
days), together with Operational Costs of $230.46, for a total jine of $3,330.46. The
Respondent was ordered to pay this jine on or before May 17, 2007, or the County will
proceed with enforcement of this lien. The Special Master stated the written Order will
contain the correct number of days and respective amounts of jines.
The Respondent's home address is 13056 Valewood Drive, Naples, Florida 34119-8577
2. Case # 2006040788 - BCC vs. Pedro M. Herrera Estate
The County was represented by Code Enforcement Supervisor Jeff Letourneau.
The Respondent, Adam Herrera, was present.
The County requested assessment of Operational Costs in the amount of $118.90, together
with fines of $1 00 per day for the period from July 14, 2006 through October 31, 2006 (or
109 days) in the amount $10,900. Total amount of fines: $11,018.90.
The Respondent stated when he received the notification in June, 2006; he complied by
removing the pick-up truck, cutting the grass and the cleaning up the litter prior to the
Monday deadline. He did not remove the tires that belonged to his brother. He did ask his
brother to remove his tires. He then left for vacation. When he returned from vacation, he
accepted employment in North Carolina. He was unaware that he was required to obtain an
inspection of his property from the County.
8
February 16,2007
The Special Master asked to hear about the second case in this matter.
3. Case # 2006050079 - BCC vs. Pedro M. Herrera Estate
Supervisor Letourneau explained that the violations in this case were due to broken doors,
windows and exterior walls which were in need of repair.
The County requested assessment of Operational Costs in the amount of$124.34, together
with fines of$250 per day for the period from October 16,2006 through November 13,2006
(or 28 days) in the amount $7,000. Total amount of fines: $7,124.34.
The Respondent explained that the house on the property had belonged to his late father. It
sustained damage caused by Hurricane Wilma. Additionally, the property was vandalized
which was reported to the police. He did repair the damages. He also stated that he travels
for his job from June through October.
The Respondent's wife asked to testify. She stated that they received the certified letter on
May 16,2006 and went to the property to clean up the litter by the Memorial Day deadline.
She stated that only the tires remained on the property. She also stated that she repeatedly
called her brothers-in-law to remind them to remove their tires.
The Special Master pointed out that there was a clerical error in the Order for abatement of
the broken windows. In that Order, the amount of the fine to be imposed ($250 a day) was
inadvertently omitted from the document and was not corrected by an Amended Order.
The Special Master further stated the Order regarding the litter specifically stated that a fine
of $100 a day would be assessed if the required work was not completed by July 14th. The
Special Master asked Mrs. Herrera if she realized what was happening during this time
period.
Mrs. Herrera stated that she did not return to the area until July 27th. She stated she was
alone; her husband was working out of state, and she was unable to do very much. Mr.
Herrera stated he was physically unable to move the motor, but he did everything else. The
tires were not his property to move.
The Special Master stated if the property is owned by the Estate, that all ofthe beneficiaries
should bear the responsibility for maintaining it.
The Special Master GRANTED the County's request and imposed afine in Case #
2006040788 of $10,900 (or $100 a day for 100 days), together with Operational Costs of
$118.90, for a total fine of $11, 018. 90. The Respondent was ordered to pay this fine on or
before May 17, 2007, or the County will proceed with enforcement of this lien.
The Special Master stated she would not rule on Case # 2006050079 due to the clerical
error in the Order. County Attorney Jeff Wright requested to withdraw the County's case
without prejudice. The Special Master GRANTED the County's request and stated the
County may file a Motion regarding this case at a later date.
9
February 16, 2007
The Special Master explained to the Respondents that if the County determined to file a new
Motion in this case, the Respondents would be notified by mail.
Mr. Herrera stated the house on the property no longer exists, it burned down in 2006.
RECESS: 11:47 AM
RECONVENED: 12:02 PM
13. Case # 2005050140 - BCC vs. Francis A. Oakes. Jr.
The County was represented by Code Enforcement Supervisor Jeff Letourneau. Investigators
Azure Sorrels and Sherry Patterson were present.
The Respondent was also present.
The Special Master noted this Case was continued from the January 19, 2007 Hearing.
The County requested assessment of Operational Costs in the amount of $218.49, together
with fines of$100 per day for the period from February 14,2006 through February 16,2007
(or 367 days) in the amount $36,700. Total amount of fines: $36,918.49.
Supervisor Letourneau stated the violation has not been abated.
The Respondent asked the Special Master to review the minutes of the previous Hearing.
The Special Master reviewed the minutes.
The Respondent maintained there was an error on the County's part when inspecting the new
sign because the wording on the paperwork reflected the first permit, not the second permit
which was applied for on January 12, 2006.
The Special Master pointed out that the Respondent was trying to dispute the facts that were
determined at the time the Order was entered on December 16,2005.
The Respondent contended that one of the options outlined in the Order was to completely
remove the sign, which he stated that he did.
The Special Master presented a hypothetical situation in which the initial sign was removed,
per the Court's order but the County was never notified of its removal. Then a second sign,
similar in style to the first sign, was erected after a permit had been obtained. The Special
Master asked if an Investigator who was at the property to inspect the sign, could be confused
by the similarity of the signs and decide the original sign still remained and then cite the
property as still being in violation.
Investigator Patterson agreed that the hypothetical situation could have occurred.
The Special Master determined the crux of the problem was due to the Respondent's failure
to call for an inspection after the replacement sign, which was permitted, was erected. The
Special Master pointed out the Order required notification by the Respondent to the County.
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February 16,2007
Investigator Sorrels asked the Court to allow the Respondent to review photographs in order
to identify which sign was the initial sign and which sign was the replacement sign.
County Attorney Jeff Wright reiterated it was the Respondent's responsibility to contact the
Code Enforcement when the sign was in compliance and this issue could have been settled
over a year ago. By not notifying the County, the Respondent violated the Court's order. The
property, from the County's viewpoint, is still not in compliance and the Respondent should
be held accountable for the non-compliance.
The Special Master GRANTED the County's request and imposed a fine of $36, 700 (or
$100 a day for 367 days), together with Operational Costs of $218.49, for a total fine of
$36,918.49. The Respondent was ordered to pay this fine on or before May 17, 2007,
or the County will proceed with enforcement of this lien.
The Special Master advised the Respondent he has thirty day, on or before March 16,
2007, to file a Motion for a Rehearing. The Special Master ruled that the per-day fine is
stayed during this period. The Special Master stated the Respondent must provide
documentation of any errors on the County's part in its inspecting or permitting process
and attach such documentation to the Motion papers.
County Attorney Jeff Wright clarified the per-day fine would resume after thirty days.
The Special Master stated the Flick cases would be heard next since the Respondent was
present. The cases consisted of Numbers 9 through 12 on the Agenda. Case # 2006070944,
which was Number 8 on the Agenda, was rescheduled to a future date.
9. Case # 2006060099 - BCC vs. Robert Flick
The County was represented by Code Enforcement Supervisor Jeff Letourneau. Code
Enforcement Investigator Joe Mucha was not present.
The Respondent was present.
The County requested assessment of Operational Costs in the amount of $132.45, together
with a civil penalty of$500 and fines of$100 per day for the period from September 25,
2006 through February 16,2007 (or 144 days) in the amount $14,400. Total amount of fines:
$15,032.45.
The Respondent stated the litter at 5325 Carlton Street was caused by his tenants, but he
personally removed the debris which consisted ofa broken TV, a broken computer, and
cardboard boxes.
Supervisor Letourneau asked the Respondent ifhe called Code Enforcement to report the
abatement of the initial litter violation. The Respondent replied that he thought he had spoken
with Joe Mucha.
Supervisor Letourneau stated that he did not have the Code Case Detail Report.
The Respondent stated the only litter he saw at the property was the tenants' personal items.
He is confused as to what other litter the County had cited.
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February 16,2007
The Special Master asked Supervisor Letourneau to provide clarification. He suggested the
Special Master hear another of Mr. Flick's cases in the interim. The Special Master agreed.
10. Case # 2006060090 - BCC vs. Robert Flick
The County requested assessment of Operational Costs in the amount of $132.45, together
with a civil penalty of$500 and fines of$100 per day for the period from September 25,
2006 through February 16,2007 (or 144 days) in the amount $14,400. Total amount of fines:
$15,032.45.
Supervisor Letourneau reviewed the case notes which indicated that "no progress" had been
made to remove the litter. He stated the last entry was on February 6, 2007 noting both the
property and the Courthouse were posted. There was no mention of a motor.
The Respondent stated that he called Investigator Mucha who told him there was a motor and
chairs on the property. The Respondent maintained the tenants' personal items were being
classified as litter.
The Special Master stated her concern about the lack of progress in removing the litter from
the property.
The Special Master asked if a copy of the Notice identifying the items was available.
Supervisor Letourneau could not locate one.
The Special Master suggested continuing on to another ofMr. Flick's cases.
11. Case # 2006050099 - BCC vs. Robert Flick and Melvin & Marearet Enderle Trust
The County requested assessment of Operational Costs in the amount of $162.92, together
with fines of $50 per day for the period from August 18, 2006 through February 16, 2007 (or
182 days) in the amount $9,100. Total amount of fines: $9,262.92.
The Respondent said he paid a fine of $350.
The Respondent stated he was contacted by "Mr. Fox" from the County who told the
Respondent that he was still required to pay the rental fee. He met with David Dietrich and
told him the correct address for the property was 3411 Canal Street. Mr. Dietrich apparently
could not accept the rental fee because there was no building on the lot.
Supervisor Letourneau stated the official address of the property, according to the Property
Appraiser's records, is 3411 Canal Street.
The Special Master inquired if the property was rented. The Respondent replied it was and
when he tried to register it, he could not do so because the address on the Notice was 3423
Canal Street which is the vacant lot.
The Special Master stated the Order that was entered listed an incorrect location of the
violation. The Special Master said that she could not impose a lien when there was an error
on the Order.
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February 16,2007
Supervisor Letourneau mentioned the Respondent was aware of his responsibility because he
signed a Stipulation and paid the Operational Costs.
Because this situation was so confusing, the Special Master suggested that someone from
Code Enforcement should accompany the Respondent to register the rental property. The
Special Master stated the Respondent did make an effort to comply with the terms of the
Order and the signed Stipulation.
The Special Master ordered the fines to be stayed until such time as the Respondent
obtained a rental registration for the property.
The Special Master inquired as to the Notice that was served upon the partners. Supervisor
Letourneau stated there was no address of record for the members of the Trust, but all
notification was sent to the Respondent at his home address of 240 1 County Barn Road.
The Respondent stated he has Power of Attorney for the Trust. He also stated that Margaret
Enderle is his sister and her husband is deceased.
The Special Master GRANTED the County's request but imposed a reducedfine of $4, 550
(or $50 a day for 91 days). The Respondent paid the Operational Costs of $162. 92. The
Respondent was ordered to pay this fine on or before May 17, 2007, or the County will
proceed with enforcement of this lien.
12. Case # 2006050114 - BCC vs. Robert Flick and Melvin & Marearet Enderle Trust
The County requested assessment of fines of $1 00 per day for the period from September 6,
2006 through February 16,2007 (or 165 days) in the amount $16,500. The Respondent had
paid the Operational Costs.
Supervisor Letourneau stated the property was posted on February 2,2007. He also stated
that some attempt had been made to come into compliance, but he had not been contacted by
the Respondent. He stated there were still violations: screens were missing and the house
had not been painted.
The Respondent stated much of the work has been done and he was trying to find someone to
finish the stucco work.
The Special Master again reminded the Respondent of his responsibility to contact Code
Enforcement to inform them when work has been completed.
The Respondent asked for a definition of "minimum housing." The Special Master explained
Collier County's Ordinance specified certain standards that had to be maintained for housing
and it was the owner's responsibility to maintain these requirements.
The Special Master GRANTED the County's request, but imposed a reduced fine of
$11,000 (or $100 a day for 110 days). The Respondent paid the Operational Costs. The
Respondent was ordered to pay this fine on or before May 17, 2007, or the County will
proceed with enforcement of this lien.
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February 16, 2007
(Continuation of Case # 2006060099 and Case # 2006060090)
With regard to Cases 9 and 10, the Special Master stated the cases would be CONTINUED
until March 2, 2007, so Investigator Mucha's testimony could be heard before a ruling is
made. The Special Master determined thefines would be stayed until the next Hearing.
Thefines may be imposed retroactively subject to the Special Master's discretion.
The Special Master ordered a Code Enforcement Investigator to meet the Respondent at
the property to point out exactly what constituted the litter.
The Special Master asked the Respondent to produce a copy of the Power of Attorney at
the next Hearing.
Supervisor Letourneau stated he would assist the Respondent in registering the rental
properties.
4. Case # 2006030815 - BCC vs. Marion Smith & James Seals
The County was represented by Code Enforcement Supervisor Jeff Letourneau.
The Respondents were not present.
The County requested assessment of Operational Costs in the amount of$126.22, together
with fines of $50 per day for the period from August 21, 2006 through September 6, 2006,
(or 16 days) in the amount $800. Total amount of fines: $926.22.
Supervisor Letourneau stated the property and the Courthouse were posted and the Affidavit
of Posting was in the file. He also stated that Mr. Seals had passed away.
The Special Master GRANTED the County's request and imposed afine of$800 (or $50 a
day for 16 days), together with Operational Costs of $126.22, for a total fine of $926.22.
The Respondent was ordered to pay this fine on or before May 17, 2007, or the County will
proceed with enforcement of this lien. Fines will continue to accrue until compliance has
been obtained.
5. Case # 2006050912 - BCC vs. Marion Smith & James Seals
The County requested assessment of Operational Costs in the amount of $132.23, together
with fines of$100 per day for the period from August 29,2006 through September 26,2006,
(or 27 days) in the amount $2,700. Total amount of fines: $2,832.23
Supervisor Letourneau stated the property and the Courthouse were posted and the Affidavit
of Posting was in the file.
The Special Master GRANTED the County's request and imposed afine of $2, 700 (or
$100 a day for 27 days), together with Operational Costs of $132.22, for a totalfine of
$2,832.23. The Respondent was ordered to pay this fine on or before May 17, 2007, or the
County will proceed with enforcement of this lien. Fines will continue to accrue until
compliance has been obtained.
6. Case # 2006060001- BCC vs. Marion Smith & James Seals
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February 16, 2007
The County requested assessment of Operational Costs in the amount of $123.99, together
with fines of$25 per day for the period from August 29,2006 through February 16,2007, (or
171 days) in the amount $4,275. Total amount of fines: $4,398.99
Supervisor Letourneau stated the property and the Courthouse were posted and the Affidavit
of Posting was in the file.
The Special Master GRANTED the County's request and imposed a fine of$4,275 (or $25
a day for 171 days), together with Operational Costs of $123. 99, for a totalfine of
$4,398.99. The Respondent was ordered to pay this fine on or before May 17, 2007, or the
County will proceed with enforcement of this lien. Fines will continue to accrue until
compliance has been obtained.
7. Case # 2006050608 - BCC vs. Marion Smith & James Seals
The County requested assessment of Operational Costs in the amount of$187.64, together
with fines of$100 per day for the period from October 23,2006 through February 16,2007,
(or 116 days) in the amount $11,600. Total amount of fines: $11,787.64
Supervisor Letourneau stated the property and the Courthouse were posted and the Affidavit
of Posting was in the file.
The Special Master GRANTED the County's request and imposed afine of $11, 600 (or
$100 a day for 116 days), together with Operational Costs of$187.64,for a total fine of
$11,787.64. The Respondent was ordered to pay thisfine on or before May 17,2007, or the
County will proceed with enforcement of this lien. Fines will continue to accrue until
compliance has been obtained.
B. Motion for Reduction of Fines: NONE
VII. OLD BUSINESS
A. Request to forward Case for Collections/Foreclosure: Request was Withdrawn
VIII. CONSENT AGENDA
NONE
IX. REPORTS
NONE
X. NEXT MEETING DATE -March 2, 2007.
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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 2:06 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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