CESM Minutes 04/20/2007
April 20, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, April 20, 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 Letourneau,
Investigative Supervisor - Code Enforcement
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: April 20, 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 - April 6, 2007
V. PUBLIC HEARINGS
IV. MOTIONS FOR CONTINUANCE
A. Stipulations
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005080413
PAUL-MICHAEL .1. CONROY
SUP. JEFF l.ETOURNEAU
ORD. 05-44. SEe 6 & 7
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 4449 19TH PLACE SW
B. Hearings
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 150241
RICHARD D. RETTBERG
DEP. KLlNKMANN
ORD. SEe 130-67
HANDICAPPED SPACE - DRIVER HAD NO PERMIT.
VIOLA TION
ADDRESS: FREEDOM SQAURE - PUI3L1X
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA nON
ADDRESS:
3.
CASE NO:
OWNER:
SO ]4] ]83
.lAMES O. MCCLIMANS
DEP. JOliN MAISANO
ORD. SEe. 130-66
UN LA WFUL AREA - PARKING IN COUNTY RIGHT OF WAY IN SW ALE
181 SOTUHBA Y DRIVE & GULFSHORE COURT
SO 133897
EDW ARB T. BROWN
OFFICER: DEP. LOTHROP
VIOLATIONS: ORD. SEC. 130-66
UNLA WFUL AREA - PARKED IN LOADING ZONE, NO DRIVER
VIOLATION
ADDRESS: IIOME DEPOT - AIRPORT RD & DAVIS BLVD
4.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
VIOLA TION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
ROBERT QUINN
DEPUTY DOWSETT
ORD. SEC. 130-67
IIANDlCAPPED SPACE
11121 E TRL EAST NAPLES SUB-ST A TlON
2006120576
CARLOS ALBERTO CAMPOS
INV. EVERILDO YBACETA
ORD. 2005-44, SEC. II, PARA. 1
WEED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT IN THE REAR OF
PROPERTY.
VIOLA TION
ADDRESS: 4411 ROSE AVENUE
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
20061]043]
SANDRA COMBS, TR.
INV. EVERILDO YI3ACET A
ORD. 2005-44, SEC. II, PARA. 1
WEED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT ON V ACA TED
IMPROVED PROPERTY.
VIOLATION
ADDRESS: 2348 JACKSON A VENUE
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100636
ROSEMARY MONTLEAU
INV. EVERILDO YI3ACETA
ORD. 2005-44, SEC. II, PARA. I
WEED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT ON THE SOUTH
AND WEST SIDE OF PROPERTY.
VIOLA TlON
ADDRESS: 3409 GOLDIE LANE
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007011 10]
ZONIA Z. & .IULlO LAMBERT TR.
INV. EVERILDO YBACETA
ORD. 2004-41, SEe 2.01.00(AJ
REPEAT OFFENSE - UNT AGGED VEHICLES ON RESIDENTIALLY ZONED
PROPERTY.
VIOl.ATION
ADDRESS: 3450 CHEROKEE STREET
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2006100087
.IILL.I. WEAVER
INV. EVERILDO YBACETA
ORD. 2005-44, SEe. II, PARA. I
WEED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT IN THE REAR OF
PROPERTY.
VIOLA TION
ADDRESS: 4620 ACADIA LANE
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
II.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2007020068
LORA L, .I0NES
INV. RENALD PAUL
ORD. 2004-41, SEC. 2.0 I.OO(A)
RECURRING OFFENSE - UNTAGGED VEHICLES ON RESIDENTIALLY ZONED
PROPERTY.
1901 55TH TERRACE SW
2007020625
ANTHONY M. RECZNIK
INV. RENALD PAUL
ORD. 2004-41, SEe 4.05.03(A)
MULTIPLE VEHICLES PARKED ON FRONT YARD
VIOLA TlON
ADDRESS: 4997 24TH A VENUE SW
12.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006120585
PIERRE A. & MARISE CASIMIR
INV. RENALD PAUL
ORD. 2004-58, SEe 7, PARA. 2
RENTAL REGISTRATION - OWNER FAILED TO REGISTER RENTAL
PROPERTY.
VIOLA TION
ADDRESS: 5459 32ND AVENUE SW
13.
CASE NO:
OWNER:
OFFICER:
VIOI.ATIONS:
2006120373
MELIQUIAOES & MAIRA.I. SEGURA
INV. THOMAS KEEGAN
ORD. 2004-41, SEC. 2.0 1.00(A)
UNTAGGED VEIIICLE ON PROPERTY
VIOLATION
ADDRESS: 612 JEFFERSON AVENUE W.
14.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006120370
MELlQUIAOES & MAIRA.I. SEGURA
INV. TIIOMAS KEEGAN
ORD. 2004-41, SEe. 2.01.00(C)
COMMERCIAL TRAILER STORED ON RESIDENTIALLY ZONED PROPERTY
VIOLA TION
ADDRESS: 612 JEFFERSON AVENUE W
15.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
16.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007010535
CARMEN VASALLO
INV. THOMAS KEEGAN
ORD. 2004-41, SEe. 2.0 I.OO(C )
RECURRING OFFENSE - COMMERCIAL VEHICLE PARKED AND STORED ON
RESIDENTIALLY ZONED PROPERTY.
1013 NEW MARKET ROAD
2006 II 0409
CARMEN VASALLO
INV. THOMAS KEEGAN
ORD. 2005-44, SEe 6, 7, AND 8
LITTER ON PROPERTY CONSISTING OF BUT NOT LIMITED TO EXECSSIVE
AMOUNTS OF WOOD AND ALUMINUM MATERIALS.
VIOLATION
ADDRESS:
17.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
1013 NEW MARKET ROAD
2006120336
RICHARD BARRETT ESTATE & ANADELlA HERNANDEZ
INV. THOMAS KEEGAN
ORD. 2004-41, SEe 2.0 1.00(C )
COMMERCIAL VEHICLE STORED ON RESIDENTIALLY ZONED PROPERTY
VIOLATION
ADDRESS: 702 JEFFERSON AVENUE W
18.
CASE NO
OWNER:
OFFICER:
VIOLA TlONS:
2007020758
,JOSE ORTEGA
INV. THOMAS KEEGAN
ORD. 2004-41, SEC. 2.0 I.OO(A)
REPEA T OFFENSE - INOPERAI3LE/UNT AGGED VEHICLES ON
RESIDENTIALLY ZONED PROPERTY.
VIOLATION
ADDRESS: 3085 KAREN DRIVE
19.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
200702074]
.lOSE A. ORTEGA
INV. THOMAS KEEGAN
ORD. 2005-44, SEe. 6, 7, AND 8
REPEAT OFFENSE - LITTER CONSISTING OF BUT NOT LIMITED TO
SCAFFOLDING, WOOD, BUCKETS, AIR CONDITIONING AND EXCESSIVE
AMOUNTS OF METAL ON PROPERTY.
VIOLATION
ADDRESS: 3085 KARFN DRIVE
20.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
2007020739
.lOSE A. ORTEGA
INV. THOMAS KEEGAN
ORD. 2005-44, SEe. 6, 7, AND 8
REPEA T OFFENSE - LITTER CONSISTING OF BUT NOT LIMITED TO
EXCESSIVE AMOUNT OF TIRES, WOOD, BOTTLES, AND DESTROYED SHED
ON PROPERTY.
VIOLATION
ADDRESS: 3107 KAREN DRIVE
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
20060] ]073
MARIA MIRIA ZARAGOZA
SUP. JEFF LETOURNEAU
ORD. 04-41, SEC. 10.02.06
ADDITION TO REAR OF STRUCTURE OF HOUSE WITHOUT A REQUIRED
BUILDING PERMIT.
1822 43RD STREET SW
20061110408
ALFREDO MIRALLES, SR.
INV. JOHN SANTAFEMIA
VIOLA TJONS: ORD. 04-58, SEe. II, 12, 19; ORD. 04/41, SEe. 2.01.00, 2.02.03; AND ORD. 05-44,
SEC. 7
MINIMUM HOUSING VIOLATIONS, LITTER AND PROHIBITED LAND USE.
VIOLATION
ADDRESS: 302 9TH STREET SOUTH
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
20060]0407
ALFREDO MIRALLES, SR.
INV. JOHN SANTAFEMIA
ORD. 04-58, SEC. II, 12, 19; ORD. 04/41, SEe. 2.01.00, 2.02.03; AND ORD. 05-44,
SEe. 7
MINIMUM HOUSING VIOLATIONS, LITTER AND PROHIBITED LAND USE.
VIOLATION
ADDRESS: 304 9TH STREET SOUTH
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005100]62
ALFREDO M]RALLES, SR.
INV. JOHN SANTAFEMIA
ORD. 04-58, SEe. II, 12, 19; ORD. 04/41, SEC. 2.01.00, 2.02.03; AND ORD. 05-44,
SEC. 7
MINIMUM HOUSING VIOLATIONS, LITTER AND PROHIBITED LAND USE.
VIOLATION
ADDRESS: 306 9TH STREET SOUTH
5.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
2006010406
ALFREDO MIRALLES, SR.
INV. JOHN SANTAFEMIA
ORD. 04-58, SEC. 11, 12, 19; ORD. 04/41, SEC. 2.01.00, 2.02.03; AND ORD. 05-44,
SEC.7
MINIMUM HOUSING VIOLATIONS, LITTER AND PROHIBITED LAND USE.
VIOLA TION
ADDRESS: 308 9TH STREET SOUTH
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
20060]0346
ALFREDO MIRALLES, SR.
INV. JOHN SANTAFEMIA
ORD. 04-58, SEC. II, 12, 19; ORD. 04/41, SEe. 2.01.00,2.02.03; AND ORD. 05-44,
SEe. 7
MINIMUM HOUSING VIOLATIONS, LITTER AND PROHIBITED LAND USE.
VIOLATION
ADDRESS: 310 9TH STREET SOUTH
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006070944
ROBERT FLICK
INV. JOE MUCHA
ORD. 04-41. SEe. 20 1.00( I)
UNLICENSED VEHICLE
VIOLA TlON
ADDRESS: 5325 CARLTON STREET
8.
CASE NO:
OWNER:
OJ.TICER:
VIOLATIONS:
2006060090
ROBERT FLICK
INV. JOE MUCHA
ORD. 05-44, SEe. 6 & 7
ACCUMULATION OF LITTER
VIOLATION
ADDRESS: 5329 CARLTON STREET
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006060099
ROBERT FLICK
INV. JOE MUCHA
ORD. 05-44, SEC. 6 & 7
ACCUMULA TION OF LITTER
VIOI.ATION
ADDRESS:
5325 CARLTON STREET
B. Motion for Reduction of Fines:
C. Approval of Collier County Special Master Rules and Regulations
VII. OLD BUSINESS
A. Request to forward case for Collections 1 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: May 4, 2007
XI. AD.lOURN
April 20, 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: 9:11AM
RECONVENED: 9:35 AM
The Special Master called for a moment of silence to remember and honor the victims of the
Virginia Tech massacre and their families.
II. APPROVAL OF AGENDA
Sue Chapin, Secretary to the Special Master, proposed the following changes:
. Case # 2006120699 - BCC vs, Carlos Alberto Campos was added to the Agenda as
Item 5(a)
. In Item 4, the Case Number (SO 14101) was added; it had been omitted from the
Agenda
. In Item 13, the Case Number was corrected to 2006120371
. Stipulations were reached in the followinl! cases:
Item 1, Case # 2005080413 -BCC vs. Conroy - reduction offines (verbal
stipulation)
Item 10, Case # 2007020068 - BCC vs, Lora L. Jones
Item 11, Case # 2007020625 - BCC vs. Anthony M. Recznik
Item 12, Case # 2006120585 - BCC vs. Pierre & Marise Casimir
Item 13, Case # 2006120371-BCC vs. Meliquiades & Maira Segura
Item 14, Case # 2006120370 - BCC vs. Meliquiades & Maira Segura
Item 17, Case # 2006120336 -BCC vs. Barrett Estate & A. Hernandez
The Special Master approved the agenda as amended, subject to any changes made during
the course of the Hearing at the discretion of the Special Master.
III. APPROVAL OF MINUTES - April 6, 2007
The Minutes of the Hearing held on April 6, 2007 were reviewed by the Special Master and
approved as submitted.
2
April 20, 2007
IV. MOTION(S) FOR CONTINUANCE
The Special Master noted a request for a Motion for Continuance had been made in Item 3,
Case # SO 133897 - BCC vs. Edward T. Brown, and inquired as to the location of the written
document.
Code Enforcement Investigative Supervisor Jeff Letourneau explained the case had been
continued at the April 6, 2007 Hearing because it had not been included on the Agenda, and
because proper notice had not been given. He again requested this case to be continued to the
next Hearing.
V, PUBLIC HEARINGS
A. Stipulations:
1. Case # 2005080413 - BCC vs, Paul-Michael J. Conrov
The Hearing was requested by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau who was present.
The Respondent was also present.
Violation(s): Ordinance 05-44, Sections 6 and 7
Accumulation of litter
Address of violation: 4449 19th Place SW, Collier County
An Oral Stipulation was agreed to by the Respondent.
Supervisor Letourneau stated the terms of the Oral Stipulation: the County agreed to reduce
the requested fines to $2,370.89.
The Special Master inquired as to whether or not fines had been imposed previously. The
Respondent stated he had met with Dennis Mitchell and had reached an agreement with him.
Supervisor Letourneau stated $23,708.92 in the fines had initially been imposed.
The Special Master stated she had been previously advised by the County Attorney that, after
an order imposing fines had been entered, only the County could reduce the fines. The
Special Master noted Assistant County Attorney Jeff Wright was not present at this Hearing.
The Special Master determined this case would be WITHDRA WN from this Agenda.
The Special Master advised Supervisor Letourneau to consult with the County Attorney
regarding the process to implement the terms of the Stipulation, and to contact the
Respondent directly. The Special Master advised the Respondent that his agreement
would be honored, but the issue at this Hearing concerned legal procedure.
Sue Chapin, Secretary to the Special Master, advised the Special Master and Mr. Letourneau that
Edward T. Brown was present.
3
April 20, 2007
B. Hearinl!s:
3. Case # SO 133897 - BCC vs. Edward T. Brown
Supervisor Letourneau asked the Respondent ifhe had been notified of a previous
Hearing. The Respondent stated he received only the notice concerning the current
hearing which he had received approximately one week earlier. The Supervisor asked
Ms. Marku of the Code Enforcement Department to present information to the Court.
Ms. Marku stated she had sent Notices of Hearings and the Agenda to the Sheriffs
Department. She stated she spoke with a representative of the Sheriffs Department and
was told the Deputy would not be available because the Sheriffs Department had not
received enough notice to adjust his schedule. The Sheriff Department requested a
continuance at that time. Ms. Marku stated she advised the Sheriffs Department that
they were to notify the Respondent.
The Special Master determined that this case would be DISMISSED. She advised the
Respondent to refrain from parking in a certain location at the Home Depot lot. She
told the Respondent that if his vehicle was again observed as unattended and parked
in the loading zone, he would receive another ticket.
A. Stipulations:
10. Case # 2007020068 - BCC vs. Lora L. Jones
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondent was not present.
Violation(s): Ordinance 04-41, Section 2.0 1.00(A)
Recurring Offense: Untagged vehicles on residentially-zoned property
Address of violation: 190 I 55th Terrace SW, Collier County
A Stipulation had been agreed to by the Respondent on March 30, 2007.
The Investigator stated the violations had been abated, and the fines had been paid.
Finding the Notice of Hearing was properly served, and finding the violation(s) did exist
but were CORRECTED prior to today's Hearing, the Respondent was found GUILTY
of the violation(s) as alleged and was ordered to pay a civil penalty of$250,OO on or
before May 21,2007, unless altered by a subsequent Stipulation or Order of the Special
Master.
The Respondent had paid the Operational Costs in the amount of $133.40 incurred
during the prosecution of this case.
11. Case # 2007020625 - BCC vs. Anthonv M. Recznik
4
April 20, 2007
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondent was not present.
Violation(s): Ordinance 04-41, Section 4.05.03(A)
Multiple vehicles parked on front yard
Address of violation: 4997 24th Avenue SW, Collier County
A Stipulation had been agreed to by the Respondent on April 16. 2007.
The Investigator stated the violations had been abated, and the Operational Costs had been
paid.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but were CORRECTED prior to today's Hearing, the Respondent was found
GUILTY of the violation(s) as alleged.
The Respondent had paid the Operational Costs in the amount of $145. 00 incurred
during the prosecution of this case.
12. Case # 2006120585 - BCC vs, Pierre A. and Marise Casimir
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondents had been present earlier and had entered into a Stipulation, but left
before the Hearing could be heard.
Violation(s): Ordinance 04-58, Section 7(2)
Rental registration: owner failed to register rental property
Address of violation: 4997 24th Avenue SW, Collier County
A Stipulation had been agreed to by the Respondents.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlL TY of the violation(s) alleged and were ordered to pay all delinquent fees and costs
to obtain a current rental registration for the property or before April 27, 2007, or afine
of$25.00 per day would be imposed for each day the violation remained thereafter,
unless altered by a subsequent Stipulation or Order of the Special Master.
The Respondents were ordered to pay Operational Costs in the amount of $141.43
incurred during the prosecution of this case on or before May 21,2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a workday
to concur the violation had been abated.
B. Hearinl!s:
2. Case # SO 141183 - BCC vs. James O. McClimans
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff John Maisano was also present.
5
April 20, 2007
Violation(s): Ordinance 130-66
Unlawful area - parking in County right-of-way in swale
The Respondent presented photographs which were marked as Respondent's Composite
Exhibit "A" and entered into evidence.
Deputy Maisano stated that signage regarding parking was not required under Collier
County Ordinances.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s} as alleged and was ordered pay a civil penalty of$30.00
on or before May 21, 2007, unless altered by a subsequent Stipulation or Order of
the Special Master.
The Respondent was ordered to pay Operational Costs in the amount of $50. 00
incurred during the prosecution of this case on or before May 21,2007.
4. Case # SO 14101 - BCC vs. Georl!e Robert Ouinn
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Dowsett was also present.
Violation(s): Ordinance 130-67
Handicapped space
The Respondent introduced photographs which were marked as Respondent's Composite
Exhibit "A" and entered into evidence. The Respondent stated the lines delineating the
handicapped parking spot were very, very faded. The Respondent also requested a
reduction in the amount of the fine.
Deputy Dowsett introduced photographs which were marked as County's Composite
Exhibit "A" and entered into evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s} as alleged and was ordered to pay a civil penalty of $250. 00
on or before May 21,2007, unless altered by a subsequent Stipulation or Order of the
Special Master.
The Special Master waived payment of Operational Costs.
8. Case # 2007011101- BCC vs. Zonia Z. and Julio Lambert Trust
The Hearing was requested by Collier County Code Enforcement Investigator Everildo
Ybaceta who was present.
The Respondent was present and represented his mother and himself as co-owners of the
property in the Lambert Trust.
Violation(s): Ordinance 04-41, Section 2.0l.00(A)
Repeat Offense: Untagged vehicles on residentially zoned property
6
April 20, 2007
Address of violation: 3450 Cherokee Street, Collier County
The Investigator Ybaceta stated this was a repeat offense. He introduced photographs
which were marked as the County's Composite Exhibit "A" and were entered into
evidence.
The Respondent stated he had purchased the white automobile from E-Bay but had
encountered problems trying to title the vehicle. He also stated the truck had been
licensed within 24-hours of speaking with the Investigator.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) as alleged and was ordered to pay a civil penalty of$250,OO
on or before May 21,2007.
The Respondent was further ordered to either store the vehicle within a completely
enclosed structure or to remove the vehicle from the premises, or to obtain a current
registration for the vehicle on or before April 27, 2007, or afine of $250. 00 per day
would be imposed for each day the violation remained thereafter, unless altered by a
subsequent Stipulation or Order of the Special Master.
The Respondent was ordered to pay Operational Costs in the amount of$124.07 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
18. Case # 2007020758 - Jose Ortel!a
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Investigator Everildo Ybaceta.
The Respondent was represented by Jorge Moreno as Attorney-in-Fact.
Before the Hearing began, Mr. Moreno advised the Special Master that he had power of
attorney from the Respondent but he did not bring a copy of the document with him.
Violation(s): Ordinance 04-41, Sec. 2.0l.00(A)
Repeat Offense: Inoperableluntagged vehicles on residentially zoned property
Address of violation: 3085 Karen Drive, Collier County
The Investigator stated there was a notation in the file concerning Mr. Moreno having
power of attorney from the Respondent, but he did not have a copy on file, Supervisor
Letourneau stated that Mr. Moreno had also represented Mr. Ortega in other cases.
Mr. Moreno stated that he and Mr. Ortega owned the property together.
Investigator Ybaceta attempted to present photographs to the Court, but Mr. Moreno
objected to the photographs being admitted because he was not present when the
photographs were taken. He also stated the photographs did not accurately reflect the
condition of the property.
7
April 20, 2007
The Special Master asked Investigator Ybaceta ifhe knew the date when the photographs
were taken. The Investigator replied that he did not take the photographs. The Special
Master did not admit photographs into evidence.
The Investigator asked Mr. Moreno if there were currently any unlicensed vehicles on his
property. Mr. Moreno stated there were, but that he did not own the vehicles and could
not move them without notifying the owners who rented from him. He stated he notified
the renters that they must remove their vehicles on or before May 4, 2007 or he would
then remove the vehicles himself.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) as alleged and was ordered to pay a civil penalty of$250,OO
on or before May 21,2007.
The Respondent was further ordered to either store the vehicles within a completely
enclosed structure or to remove the vehicles from the premises, or to obtain a current
registration for the vehicle on or before May 4,2007, or afine of $250. 00 per day would
be imposed for each day the violation remained thereafter, unless altered by a
subsequent Stipulation or Order of the Special Master,
The Respondent was ordered to pay Operational Costs in the amount of $120. 94 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
Total Fines: $370.94
19. Case # 2007020741 - Jose Ortel!a
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Investigator Everildo Ybaceta.
The Respondent was represented by Jorge Moreno as Attorney-in-Fact.
Violation(s): Ordinance 05-44, Sec. 6, 7 and 8
Repeat Offense: Litter consisting of, but not limited to, scaffolding, wood, buckets, air
conditioning equipment, and excessive amounts of metal on property
Address of violation: 3085 Karen Drive, Collier County
Investigator Ybaceta stated the Respondent had previously been found guilty of the same
offense in Case # 2005031307; Collier County had hired a contractor at that time to
abate the violations at the property.
Investigator Ybaceta attempted to present photographs to the Court, but Mr. Moreno
objected to the photographs being admitted.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) as alleged and was ordered to pay a civil penalty of $500. 00
on or before May 21,2007.
The Respondent was further ordered to remove all debris from the premises on or before
April 27, 2007, or afine of$300.00 per day would be imposedfor each day the violation
8
April 20, 2007
remained thereafter, unless altered by a subsequent Stipulation or Order of the Special
Master.
If the violation was not corrected by April 27, 2007, Collier County would be authorized
to hire a licensed contractor to abate the violation and to assess the cost for such
abatement to the Respondent.
The Respondent was ordered to pay Operational Costs in the amount of $120.94 incurred
during the prosecution of this case on or before May 21, 2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
20. Case # 2007020739 - Jose Orte!!:a
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Investigator Everildo Ybaceta.
The Respondent was represented by Jorge Moreno as Attorney-in-Fact.
Violation(s): Ordinance 05-44, Sec. 6, 7 and 8
Repeat Offense: Litter consisting of, but not limited to, scaffolding, excessive amounts
of tires, wood, bottles and a destroyed shed on property
Address of violation: 3107 Karen Drive, Collier County
Investigator Ybaceta stated the Respondent had previously been found guilty of the same
offense; Collier County had hired a contractor at that time to abate the violations at the
property.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s} as alleged and was ordered to pay a civil penalty of $250.00
on or before May 21,2007.
The Respondent was further ordered to remove all debris from the premises on or before
April 27, 2007, or afine of $300. 00 per day would be imposedfor each day the violation
remained thereafter, unless altered by a subsequent Stipulation or Order of the Special
Master.
lfthe violation had not corrected by April 27, 2007, Collier County would be authorized
to hire a licensed contractor to abate the violation and to assess the cost for such
abatement to the Respondent.
The Respondent was ordered to pay Operational Costs in the amount of $120.94 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
RECESS: 10:50 AM
RECONVENED: 11:10 AM
B. Hearin!!:s:
9
April 20, 2007
1. Case # SO 150241 - BCC vs. Richard D. ReUben!
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Fred Klinkmann was present.
Deputy Klinkmann stated he observed the Respondent loading his truck with groceries
while it was illegally parked in a handicapped zone space. Deputy Klinkmann stated he
questioned the Respondent who stated he did not feel he was in violation since his truck
as not "parked."
The Special Master noted that a written request for a Continuance had been submitted in
a timely manner by the Respondent. The Special Master asked why this request had not
been included on the Agenda under "Motions for Continuance." She noted this was the
existing procedure that had been followed in other cases.
The Special Master stated that, due to the unusual circumstances, she would accept
Deputy Klinkmann 's testimony as presented,
The Special Master directed the Code Enforcement Department to immediately send a
letter to the Respondent stating that the Special Master would allow the Respondent to
submit written defenses to the violation alleged in the Citation, rather than requiring
him to return to Florida to testify at a later date. The Special Master stated she would
consider the Respondent's written response prior to ruling so the Respondent would be
afforded due process.
9. Case # 2006100087 - BCC vs. Jill J. Weaver
The Hearing was requested by Code Enforcement Investigator Everildo Ybaceta who
was present.
The Respondent was represented by Eddie Joe Dayton.
Violation(s): Ordinance 05-44, Section 11(1)
Weed overgrowth in excess of 18 inches in height in the rear of the
property.
Address of violation: 4620 Acadia Lane, Collier County
The Investigator stated the property was now in compliance; the County asked for
imposition only of the Operational Costs in this matter.
Mr. Dayton stated that he was employed by the Respondent and had been authorized to
accept the County's assessment.
The Special Master congratulated Mr. Dayton on his ability to bring this property into
compliance since it was such a large undertaking.
Finding the Notice of Hearing had been properly served, and finding the violation(s)
did exist but were CORRECTED prior to today's Hearing, the Respondent wasfound
GUILTY of the violation(s) as alleged and as ordered to pay Operational Costs of
10
April 20, 2007
$144.17 on or before May 21, 2007, unless altered by a subsequent Stipulation or
Order of the Special Master,
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. Case # 200601073 - BCC vs. Maria Miria Zaral!oza
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was also present.
Investigator Everildo Ybaceta served as translator for the Respondent.
The County requested payment of Operational Costs of$205.70, together with imposition
of fines of $11,300.00 for the period from August 5, 2006 through March 19, 2007
($50/day for 226 days), for a total lien amount of$II,505.70.
The Respondent stated she had hired a contractor and had obtained a Certificate of
Completion. The Respondent also stated she had been unable to work for approximately
two years due to injuries sustained in an accident and underwent surgery on February 14,
2005. The Respondent further stated she had paid the Operational Costs.
The Special Master GRANTED the County's motion for the imposition of a lien, but
reduced the amount of the lien to $5,650.00. The Respondent was ordered to pay this
fine on or before July 20, 2007, or the County would proceed with enforcement of the
lien,
2. Case # 2006010408 - BCC vs. Alfredo Miralles. Sr.
3. Case # 2006010407 - BCC vs. Alfredo Miralles. Sr.
4. Case # 2005100162 - BCC vs. Alfredo Miralles. Sr.
5. Case # 2006010406 - BCC vs. Alfredo Miralles. Sr.
6. Case # 2006010346 - BCC vs. Alfredo Miralles. Sr.
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was present.
Alex Miralles, the Respondent's son, served as translator.
The County requested the following:
. Re: Case #2006010408, payment of Operational Costs of$188.50, together
with the imposition fines of$35,100 for the period from May I, 2006 through
April 17, 2007 ($IOO/day for 351 days), for a total lien amount of$35,288.80;
. Re: Case #2006010407, payment of Operational Costs of$188.50, together
with the imposition fines of$35,100 for the period from May 1,2006 through
April 17, 2007 ($IOO/day for 351 days), for a total lien amount of$35,288.80;
11
April 20, 2007
. Re: Case #2005100162, payment of Operational Costs of$2l1.49, together
with the imposition fines of $35, I 00 for the period from May I, 2006 through
April 17,2007 ($100/day for 351 days), for a total lien amount of$35,311.49;
. Re: Case #2006010406, payment of Operational Costs of$188.50, together
with the imposition fines of$35,100 for the period from May I, 2006 through
April 17, 2007 ($IOO/day for 351 days), for a total lien amount of$35,288.80;
. Re: Case #2006010346, payment of Operational Costs of$188.50, together
with the imposition fines of $35, 100 for the period from May I, 2006 through
April 17, 2007 ($IOO/day for 351 days), for a total lien amount of$35,288.80;
for a total lien amount of $176.466.69.
The Respondent stated the property is now in compliance; his son stated the Respondent
had been afflicted by cancer for the past two years.
Code Enforcement Property Maintenance Specialist John Santafemia stated he had
conducted a site visit on April 17,2007; he observed that the violations had been abated.
The Special Master stated the amount of the fines in Case #2006010408 would remain as
requested; in the other cases, all of the Operational Costs would also remain as requested,
but the fines would be reduced to $1,000.00 in each case.
The Special Master GRANTED the County's motion for the imposition of a lien, but
reduced the amount of the lien to $40,066.69. The Respondent was ordered to pay this
fine on or before July 20, 2007, or the County would proceed with enforcement of the
lien.
The Special Master further advised the Respondent that he had the right to appeal this
decision within thirty days.
The Special Master verified that the Respondent's son had been present at the previous
hearing and had explained to the Respondent that fines would accrue for each violation
until the violation was abated. Investigator Letourneau stated that the Respondent had
signed Stipulations in all of these cases.
7. Case # 2006070944 - BCC vs. Robert Flick
This Case was W1THDRAWNby the County due to payment of the fine.
8. Case #2006060090 - BCC vs. Robert Flick
9. Case #2006060099 - BCC vs. Robert Flick
The County was represented by Code Enforcement Investigator Supervisor Jeff
Letourneau and Investigator Joe Mucha.
The Respondent was present and was represented by Attorney Jacob Colgrove.
12
April 20, 2007
Attorney Colgrove asked that the imposition of fines be delayed for thirty days so the
Respondent could complete the abatement of all violations. Attorney Colgrove stated he
has discussed the cases with Investigator Mucha and they had reached an agreement.
Attorney Colgrove also stated he had only recently been retained by the Respondent and
he was working with the Respondent to rectify this situation.
Supervisor Letourneau stated the violations have still not been abated.
The Special Master ruled that this Case would be CONTINUED to the May 18, 2007
Hearing and directed Code Enforcement to include it on the Agenda for that date.
The Respondent waived the requirement offormal notification and agreed to appear,
V. PUBLIC HEARINGS
B. Hearinl!s:
5. Case # 2006120576 - BCC vs. Carlos Alberto Campos
5(a). Case # 2006120699 - BCC vs. Carlos Alberto Campos
The Hearing was requested by Code Enforcement Supervisor Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s) for Case 5: Ordinance 05-44, Section 11(1)
Weed overgrowth in excess of 18 inches in height in the rear
of the property.
Violation(s) for Case 5(a): Litter [Note: A specific Ordinance was not cited.]
Address of violation: 4411 Rose Avenue, Collier County
Investigator Ybaceta stated the property appeared to have been abandoned and was
vacant. The property was posted for both violations. The Investigator introduced
photographs which were marked as County's Composite Exhibit "A" and entered into
evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) alleged asfollows:
. in Case # 2006120576, the Respondent was ordered cut the weeds and grass to a
height of 6 inches on or before April 27, 2007, unless altered by a subsequent
Stipulation or Order of the Special Master.
If abatement did not occur by April 27, 2007, the County would be authorized to
bid out and to hire a contractor to abate the violation and to also assess an
administrative fee of $1 00 to the Respondent in addition to the cost of the
contractor.
The Respondent was ordered to pay Operational Costs in the amount of $13 7.4 7
incurred during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notify the Investigator within 24 hours of a
workday to concur the violation had been abated.
13
April 20, 2007
. in Case #2006120699, the Respondent was ordered to remove all litter from the
premises on or before April 27,2007, unless altered by a subsequent Stipulation
or Order of the Special Master.
If abatement did not occur by April 27,2007, the County would be authorized to
bid out and to hire a contractor to abate the violation, and to also assess an
administrative fee of $1 00 to the Respondent in addition to the cost of the
contractor,
The Respondent was ordered to pay Operational Costs in the amount of$124.07
incurred during the prosecution of this case on or before May 21, 2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a
workday to concur the violation had been abated.
6. Case # 2006110431 - BCC vs. Sandra Combs Trust
The Hearing was requested by Code Enforcement Supervisor Everildo Ybaceta who was
present.
The Respondent was not present.
Violation(s): Ordinance 05-44, Section 11(1)
Weed overgrowth in excess of 18 inches in height in the rear of the
property.
Address of violation: 2349 Jackson Avenue, Collier County
The Investigator stated the property appeared to be abandoned; the property had been
posted. The Investigator introduced photographs which were marked as County's
Composite Exhibit "A" and were entered into evidence.
The Special Master noted that sufficient notice had been given to the Respondent.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the violation(s) as alleged and was ordered to cut the weeds and grass to a
height of 6 inches on or before April 27, 2007, unless altered by a subsequent Stipulation
or Order of the Special Master.
If abatement did not occur by April 27, 2007, the County would be authorized to bid out
and to hire a contractor to abate the violation and to also assess an administrative fee of
$100 to the Respondent in addition to the cost of the contractor.
The Respondent was ordered to pay Operational Costs in the amount of $13 7.4 7 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
7. Case # 2006100636 - BCC vs. Rosemarv MontIeau
The Hearing was requested by Code Enforcement Supervisor Everildo Ybaceta who was
present.
The Respondent was not present.
14
April 20, 2007
Violation(s): Ordinance 05-44, Section 11(J)
Weed overgrowth in excess of 18 inches in height in the rear of the
property.
Address of violation: 3409 Goldie Lane, Collier County
The Investigator stated the property appeared to be abandoned; the property had been
posted. The Investigator introduced photographs which were marked as County's
Composite Exhibit "A" and were entered into evidence.
The Special Master noted that sufficient notice had been given to the Respondent.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) as alleged and was ordered to cut the weeds and grass to a
height of 6 inches on or before April 27, 2007, unless altered by a subsequent Stipulation
or Order of the Special Master.
If abatement does not occur by April 27, 2007, the County would be authorized to bid out
and to hire a contractor to abate the violation and to also assess an administrative fee of
$100 to the Respondent in addition to the cost of the contractor.
The Respondent was ordered to pay Operational Costs in the amount of$137.47 incurred
during the prosecution of this case on or before May 21,2007,
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
A. Stipulations:
13. Case # 2006120371 - MeliQuiades and Maira J. Sel!ura
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Code Enforcement Field Supervisor Carol J. Sykora.
The Respondents had been present earlier and had entered into a Stipulation, but left
before the Hearing could be heard.
Violation(s): Ordinance 04-41, Section 2.01.00(A)
Untagged vehicles on residentially zoned property
Address of violation: 612 Jefferson Avenue W., Collier County
A Stipulation was agreed to by the Respondents and was signed by Meliquiades Segura on
behalf of his mother and himself
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the violation(s) as alleged and were ordered to either store the vehicles
within a completely enclosed structure or to remove the vehicles from the premises, or to
obtain a current registration for the vehicle on or before April 25, 2007, or a fine of
$50.00 per day per vehicle would be imposed for each day the violation remained
thereafter, unless altered by a subsequent Stipulation or Order of the Special Master.
15
April 20, 2007
The Respondents were ordered to pay Operational Costs in the amount of $114.76
incurred during the prosecution of this case on or before May 21, 2007.
The Respondents were ordered to notify the Investigator within 24 hours of a workday
to concur the violation had been abated.
14. Case # 2006120370 - MeliQuiades and Maira J. Seeura
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Code Enforcement Field Supervisor Carol J. Sykora.
The Respondents had been present earlier and had entered into a Stipulation, but left
before the Hearing could be heard.
Violation(s): Ordinance 04-41, Section 2.0l.00(C)
Commercial trailer stored on residentially-zoned property
Address of violation: 612 Jefferson Avenue W" Collier County
A Stipulation was agreed to by the Respondents and was signed by Meliquiades Segura on
behalf of his mother and himself
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlL TY of the violation(s) as alleged and were ordered to either store the commercial
vehicle and equipment within a completely enclosed structure or to remove the
commercial vehicle and equipment from the premises on or before April 25, 2007,
or aJine of$100.00 per day would be imposed for each day the violation remained
thereafter, unless altered by a subsequent Stipulation or Order of the Special Master.
The Respondents were ordered to pay Operational Costs in the amount of $114. 76
incurred during the prosecution of this case on or before May 21,2007.
The Respondents were ordered to notify the Investigator within 24 hours of a workday
to concur the violation had been abated.
B. Hearines:
15. Case # 2007010535 - BCC vs. Carmen Vasallo
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Code Enforcement Field Supervisor Carol J. Sykora.
The Respondent was not present.
Violation(s): Ordinance 04-41, Section 2.0l.00(C)
Recurring Offense: Commercial trailer parked/stored on residentially-zoned property
Address of violation: 1013 New Market Road, Collier County
Supervisor Sykora stated the Respondent had received notice of the hearing by certified
mail; the property had been posted.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s) as alleged and was ordered to either store the commercial
16
April 20, 2007
vehicle within a completely enclosed structure or to remove the commercial from the
premises on or before April 27, 2007, or afine of$250.00 per day would be imposedfor
each day the violation remained thereafter, unless altered by a subsequent Stipulation or
Order of the Special Master,
The Respondent was ordered to pay Operational Costs in the amount of $114.76 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
16. Case # 2006110409 - BCC vs. Carmen Vasallo
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Code Enforcement Field Supervisor Carol J. Sykora.
The Respondent was not present.
Violation(s): Ordinance 05-44, Section 6, 7 and 8
Litter on property consisting of, but not limited to, excessive amounts of
wood and aluminum materials
Address of violation: lOB New Market Road, Collier County
Supervisor Sykora stated the Respondent had received notice of the hearing by certified
mail and that the property had been posted.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the violation(s) as alleged and was ordered to remove all litter from the
premises on or before April 27, 2007, or afine of $100. 00 per day would be imposedfor
each day the violation remained thereafter, unless altered by a subsequent Stipulation or
Order of the Special Master.
The Respondent was ordered to pay Operational Costs in the amount of $114.76 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
A. Stipulations:
17. Case # 2006120336 - BCC vs. Richard Barrett Estate and Anadelia Hernandez
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was represented by Code Enforcement Field Supervisor Carol J. Sykora.
The Respondent had been present earlier and had entered into a Stipulation, but left
before the Hearing could be heard.
Violation(s): Ordinance 04-41, Section 2.01.00(C)
Commercial vehicles stored on residentially-zoned property
Address of violation: 702 Jefferson A venue W., Collier County
A Stipulation has been agreed to by the Respondent.
17
April 20, 2007
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the violation(s} as alleged and was ordered to either store the commercial
vehicle within a completely enclosed structure or to remove the commercial from the
premises on or before April 25, 2007, or afine of $1 00. 00 per day would be imposedfor
each day the violation remained thereafter, unless altered by a subsequent Stipulation or
Order of the Special Master.
The Respondent was ordered to pay Operational Costs in the amount of $120.94 incurred
during the prosecution of this case on or before May 21,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday to
concur the violation had been abated.
C. Motion for Reduction of Fines: - None
D. Approval of Collier County Special Master Rules and Regulations - The Special Master
stated she had reviewed the Rules and Regulations and had adopted same.
VII. OLD BUSINESS
A. Request to forward Case for Collections/Foreclosure: - None
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. COMMENTS - None
XI. NEXT MEETING DATE - May 4,2007.
There being no further business for the good of the County, the Hearing was adjourned by order
ofthe Special Master at 12:58 PM.
COLLIER COUNTY SPECIAL MASTER
Brenda Garretson, Special Master
These Minutes were approved by the Special Master on
as presented , or as amended
,2007,
18