CESM Minutes 06/01/2007
June 1, 2007
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, June 1,2007
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 Investigative Supervisor
Arlene Harper, Code Enforcement Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: June 1",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.
I. CALL TO ORDER - Special Master Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - May 18, 2007
IV. MOTIONS FOR CONTINUANCE
V. PUBLIC HEARINGS
A. Stipnlations
B. Hearings
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 328
LELY VILLAS I, CONDOMINIUM ASSOCIATION OF NAPLES, INC. C/O
JOAN A MERENDINO (PRESIDENT)
INV. TONYA PHILLIPS
ORD. 02-17/90-125 SEC(S). 5
IRRIGATION OUTSIDE DESIGNATED DAY AND TIME, COUNTY DRY DAY
PUBLIC HEALTH, WELFARE, SAFETY ISSUE.
23 LANAI CIRCLE
PU 330
LELY VILLAS I, CONDOMINIUM ASSOCIATION OF NAPLES, INC. C/O
JOAN A MERENDINO (PRESIDENT)
INV. TONY A PHILLIPS
ORD. 02-17/90-125 SEC(S). 5
IRRlGA TION OUTSIDE DESIGNATED A Y AND TIME, COUNTY DRY DAY
PUBLIC HEALTH, SAFETY, WELFARE ISSUE.
VIOLATION
ADDRESS: 14 LANAI CIRCLE
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 320
ROBERT BLAES
INV. TONY A PHILLIPS
ORD. 02-17 SEC(S). 5A
ILLEGAL IRRIGATION. PHASE II WATER RESTRICTIONS. PUBLIC HEALTH,
SAFETY, WELFARE ISSUE.
VIOLATION
ADDRESS: 6210 PARKERS HAMMOCK ROAD
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 309
THOMAS F HUDGINS
INV. TONY A PHILLIPS
ORD. 02-17 SEC(S). 5A
ILLEGAL IRRIGATION. PHASE II WATER RESTRICTIONS. PUBLIC HEALTH,
SAFETY, WELFARE ISSUE.
VIOLATION
ADDRESS: 4143 LORRAINE AVENUE
PU 310
RICHARD 0 WOBBE & MAUREEN E WOBBE
INV. TONY A PHILLIPS
ORD. 02-17 SEC(S). 5A
ILLEGAL IRRIGATION. PHASE II WATER RESTRlCTIONS. PUBLIC HEALTH,
SAFETY, WELFARE ISSUE.
VIOLATION
ADDRESS: 4415 LORRAINE AVENUE
SO 153963
BOB W SCHUH
OFe. LOTHROP
ORD. SEe. 130-66
PARKED IN LOADING ZONE - NO DRIVER
VIOLATION
ADDRESS: HOME DEPOT - AIRPORT & DAVIS
7. CASE NO: SO 145908
OWNER: INTERCOLLEGIATE ATHLETHICS
THE UNIVERSITY OF TOLEDO C/O JOHN SHANNON
OFFICER: DEP. T. CORNIOLA
VIOLATIONS: ORD. SEe. 130-67
PARKED IN HANDICAPPED SPACE
VIOLATION
ADDRESS: 1926 DA VIS BLVD (RED ROOF INN)
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8.
5.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 150241
RICHARD D RETTBERG
DEP. KLINKMANN
ORD. SEe. 130-67
HANDICAPPED SPACE - DRIVER HAD NO PERMIT IN VIEW
VIOLATION
ADDRESS: FREEDOM SQUARE - PUBLIX
13.
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007020704
DONALD I. GECKLER
INV. RENALD PAUL
ORD. 04-41 AS AMENDED SECTION 4.05.03( C)
VEHICLES PARKED ON THE FRONT YARD AT 5284 24TH AVE SW NAPLES,
FL
VIOLATION
ADDRESS: 5283 24TH A VENUE SW
2006090279
ANGELO B. CAMPANELLO & DIANE M. CAMP ANELLO
INV. AZURE SORRELS
ORD. 2004-41 SEe. 5.03.02(A)(3)
WOODEN FENCE DAMAGED AND IS MISSING SECTIONS.
VIOLATION
ADDRESS: 141 1ST ST
2007010119
KIMA WATT
INV. RONALD MARTINDALE
ORD. 01-41 SEC(S). 1.04.01
UNPERMITTED BUILDING STRUCTURE (STORAGE POD CONTAINER) AND
OTHER IMPROPERLY STORED ARTICLES IN AREA ZONED AS
RESIDENTIAL.
VIOLATION
ADDRESS: 854 109TH A VENUE N
2007030268
LAURA 0 MOSTAGHEL
INV. MARlO BONO
ORD. 2004-08 PARAGRAPH 15
OBSERVED POOL WATER IN GREEN, ALGAED AND STAGNANT
CONDITION.
VIOLATION
ADDRESS: 6758 BENT GRASS DRIVE
2007030091
ANDREW SAVAGE, JOHN BRUNER & HALLEY E SA V AGE
INV. THOMAS KEEGAN
ORD. 2005-44 SEC(S). 6,7 & 8
OBSERVED LITTER CONSISTING OF BUT NOT LIMITED TO: TIRES, VEHICLE
PARTS, AND METAL MATERIALS ON RESIDENTIAL PROPERTY LOCATED
AT 4002 CINDY AVE, NAPLES, FL
VIOLATION
ADDRESS: 4002 CINDY AVENUE
14. CASE NO: 2007040080
OWNER: ANGELA MARIE PERKINS &
JOHNATHAN WAYNE PERKINS
OFFICER: INV. THOMAS KEEGAN
VIOLATIONS: ORD. 04-41 AS AMENDED SEC(S). 2.01.00( C)
RECURRING VIOLATION OF STORING COMMERCIAL VEHICLE/EQUIPMENT
ON RESIDENTIAL ZONED PROPERTY LOCATED AT: 2679 BECCA AVE,
NAPLES, FL
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS: 2679 BECCA AVENUE
15.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007030478
SATRICE METELUS
INV. THOMAS KEEGAN
ORD. 04-41 AS AMENDED SEC(S). 2.01.00(B)
OBSERVED RECREATIONAL VEHICLE STORED ON RESIDENTIAL ZONED
PEROPERTY LOCATED AT 3169 ARECA AVE, NAPLES, FL
VIOLATION
ADDRESS: 3169 ARECA AVENUE
16.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
17.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2007010704
GARY DIMAS & LARRY DIMAS
INV. JOE MUCHA
ORD. 04-58 SEC(S). 6 SUBSEC(S). 1,2,3,4,9,11,12A,12B,12I,12N,12P,19A,19D AND
20
OBSERVED MULTIPLE PROPERTY MAINTENANCE VIOLATIONS AT AN
UNOCCUPIED RESIDENCE LOCATED AT 109 JEFFERSON AVE E IN COLLIER
COUNTY.
109 JEFFERSON A VENUE E
2007030057
HENRY TESNO & JILL WEAVER
1NV. JOE MUCHA
ORD. 04-58 SEC(S). 6 SUBSEC(S).
1,4,5,9,10, II, l2D, 12F, 12H, 121, 12K,12L, 120, 12P, 19A, 19B,20
OBSERVED NUMEROUS REPEAT MINIMUM HOUSING VIOLA nONS
CREA T1NG HEALTH AND SAFETY CONCERNS LOCA TED AT 3145 LUNAR ST
IN COLLIER COUNTY.
VIOLATION
ADDRESS: 3145 LUNAR STREET
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100692
JILL J WEAVER
INV. THOMAS KEEGAN
ORD. 2004-41 SEC(S). 2.01.00(B)
1NAPPROPR1ET A TE STORAGE OF RECREATIONAL VEHICLES
VIOLATION
ADDRESS: 3064 VAN BUREN A VENUE
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100085
JILL J WEAVER
INV. THOMAS KEEGAN
ORD. 2004-41 SEC(S). 2.01.00(A)
UNLICENSED AND INOPERABLE VEHICLES
VIOLATION
ADDRESS: 4620 ARCADIA LANE
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100842
LEONARDO HERNANDEZ
INV. THOMAS KEEGAN
ORD. 2004-41 SEC(S). 2.01.00( C)
UNLICENSED AND INOPERABLE VEHICLES
VIOLATION
ADDRESS: 219 7TH STREET N
4. CASE NO: 2006050079
OWNER: PEDRO M. HERRERA EST A TE
C/O ADAM HERRERA
OFFICER: INV. THOMAS KEEGAN
VIOLATIONS: ORD. 04-58, SEe. 6 SUBSEe. 12B, I
BROKEN DOORS, WINDOWS, EXTERlOR WALLS, ALL IN NEED OF REPAIR
VIOLATION
ADDRESS: 1122 IMMOKALEE DRIVE
5
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006100318
JOHN C EMERY
INV. HEINZ BOX
ORD. 2004-41 SEC(S). 2.01.00(A)
BOAT IS ON SIDE OF YARD
VIOLATION
ADDRESS: 2815BECCAAVENUE
2006080930
ELAINE DELORIS CHOICE
INV. RENALD PAUL
ORD. 2005-44 SEC(S). 7
LITTER
VIOLATION
ADDRESS: 4500 GOLDEN GATE PARKWAY
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2006040707
LEOBARDO & JO ANNE FLORES
INV. JEFF LETOURNEAU
ORD. 04-58 SEe. 6 SUB SEC. 1,5, 12A,B,C,1,J,K,L,M,0,Q & 19A,C & D
MINIMUM HOUSING VIOLATIONS
VIOLATION
ADDRESS: 43 MOON BAY ST
8. CASE NO: 2006070320
OWNER: ROTHCHILD INVESTMENTS LLC
C/O CHRISTOPHER SHUGART, RIA
OFFICER: INV. JEFF LETOURNEAU
VIOLATIONS: ORD. 04-41 SEC(S). 1.04.01A IO.02.06(B)(I)(A)(D)(I), 1981-42 SEe. I
NON PERMITTED FOOD CART, NO COLLIER COUNTY OCCUPATIONAL
LICENSE
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS: 1195 AIRPORT ROAD S
VIOLATION
ADDRESS:
2004110790
TED ZHI HUI LUO
INV. JEFF LETOURNEAU
ORD. 91-102 AS AMENDED SEC(S). 2.7.6.1, 2.7.6.5,106.1.2
WORK WITHOUT PERMITS, ILLEGAL DIVIDING OF SINGLE FAMILY
RESIDENCE.
Il530 RIGGS ROAD
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLA nON
ADDRESS:
11.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
VIOLATION
ADDRESS:
B. Motion for Reduction of Fines:
VII, OLD BUSINESS
2005070528
TED ZHI HUI LUO
INV. JEFF LETOURNEAU
ORD 2004-41 AS AMENDED SEC(S). 10.02.06(B) AND ORD. 2002-01 AS
AMENDED SEC(S). 103.11.2 AND 104.1.1
FAILED TO OBTAIN PROPERT PERMITS FOR ALTERATIONS TO THE
STRUCTURE AT 11580 RIGGS RD. WHICH IS NOT HIS PRIMARY RESIDENCE.
11580 RIGGS ROAD
2005070577
TED ZHI HUI LUO
1NV. JEFF LETOURNEAU
ORD. 02-01 AS AMENDED SEe. 424.2.17.1
FAILURE TO INSTALL PROPER SAFETY BARRIER AND OBTAIN PERMITS
AND INSPECTIONS.
11580 RlGGS ROAD
A. Request to forward case for Collections / 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: June 15,2007
XI. ADJOURN
June I, 2007
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Master Brenda Garretson at
9:05 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: 9:17 AM
RECONVENED: 9:35 AM
II. APPROVAL OF AGENDA
Jeff Letourneau, Code Enforcement Investigative Supervisor, proposed the following changes:
(a) The following cases were CONTINUED by the Special Master:
. Case # 2006050079 - BCC vs. Estate of Pedro M. Herrera
. Case # 2006100318 - BCC vs. John C. Emery
. Case # 2006070320 - BCC vs. Rothchild Investments, LLC,
c/o Christopher Shugart, Registered Agent
(b) The following cases were WITHDRA WN by the County pursuant to the
Investigator's request:
. Case # PU 320 - BCC vs. Robert Blaes
. Case # PU 309 - BCC vs. Thomas F. Hudgins
. Case # PU 310 - BCC vs. Richard O. Wobbe and Maureen W. Wobbe
(c) STIPULATIONS were reached in the following cases:
. Case # 2007020704 - BCC vs. Donald L. Geckler
. Case # 2007040080 - BCC vs. Angela Marie Perkins & Johnathan Wayne Perkins
. Case # 2007030478 - BCC vs. Satrice Metelus
. Case # 2007010704 - BCC vs. Gary Dimas and Larry Dimas
. Case # 2004110790 - BCC vs. Ted Zhi Hui Luo
. Case # 2005070528 - BCC vs. Ted Zhi Hui Luo
. Case # 2005070577 - BCC vs. Ted Zhi Hui Luo
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
The Minutes of the Hearing held on May 18, 2007 were reviewed by the Special Master and
approved as submitted.
IV. MOTION(S) FOR CONTINUANCE
As previously noted in "Approval of the Agenda."
2
June 1, 2007
IV. MOTION(S) FOR CONTINUANCE:
A written Request for a Continuance was submitted by the Respondent in Case # 2007010119
_ BCC vs. Kima Watt. Investigator Letourneau stated the County objected to granting a
Continuance.
The Special Master noted the Respondent's letter did not state a reason why a Continuance was
requested.
The Request for a Motion for Continuance was DENIED.
V. PUBLIC HEARINGS
A. Stipulations:
9. Case # 2007020704 - BCC vs. Donald L. Geckler
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, as amended, Section 4.05.03(C)
Vehicles parked on front yard
Address of violation: 5283 24th A venue SW., Collier County
A Stipulation was agreed to by the Respondent on May 31,2007.
Investigator Paul stated he met with the Respondent who entered into a Stipulation.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to remove any and all vehicles from
the front yard and to park the vehicles on a stabilized surface on or before June 4, 2007,
or afine of $50.00 per day per vehicle would be imposed for each day the violation(s)
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 $282. 00
incurred during the prosecution of this case on or before July 2,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a workday
to concur the violation(s) had been abated.
16. Case # 2007010704 - BCC vs. Garv Dimas and Larrv Dimas
The Hearing was requested by Collier County Code Enforcement Property Maintenance
Specialist Joe Mucha who was present.
The Respondent, Gary Dimas, was also present.
Violation(s): Ordinance 04-58, Sections 6, Subsections 1-4, 9,11, 12(A & B), 121, 12N,
12P, 19A, I9D and 20
Multiple property maintenance violations at an unoccupied residence
Address of violation: 109 Jefferson Avenue E., Collier County
3
June 1, 2007
V. A. A Stipulation was agreed to by Respondent, Gary Dimas, on behalf of his brother and
himself
Property Maintenance Specialist Mucha stated the Respondents agreed to pay the
Operational Costs and abate the violations.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUlLTY of the alleged violation(s) and were ordered to obtain all required Collier
County permits to either repair the structure and obtain a Certificate of Occupancy, or
to demolish the structure and remove all debris on or before September 1,2007, or afine
of $250.00 per day would be imposed for each day the violation(s) remained thereafter
unless altered by a subsequellt Stipulation or Order of the Special Master. If the
violation is not abated by the Respondents, Collier County is authorized to abate the
violation at the expense of the Respondents.
The Respondents were ordered to pay Operational Costs in the amount of $302.58
incurred during the prosecution of this case on or before September 1, 2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a workday
to concur the violations had been abated.
15. Case # 2007030478 - BCC vs. Satrice Metelus
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent was also present.
Violation(s): Ordinance 04-41, Section 2.01.00(B)
Recreational vehicle stored on residentially-zoned property
Address of violation: 3169 Areca Avenue, Collier County
A Stipulation was agreed to by the Respondent.
Investigator Keegan stated he met with the Respondent who entered into a Stipulation
and agreed to pay the Operational Costs.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to either park the vehicle in an
enclosed structure, or to remove the vehicle from the property, on or before June 8,
2007, or afine of $50. 00 per day would be imposed for each day the violation(s)
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 $246. 18 incurred
during the prosecution of this case on or before July 2,2007.
The Respondent was ordered to notify the Investigator within 24 hours of a work day
to concur the violation(s) had been abated.
4
June 1, 2007
V. A. 14. Case # 2007040080 - BCC vs. Aneela Marie Perkins and Johnathan Wavne
Perkins
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondents were also present.
Violation(s): Ordinance 04-41, as amended, Section 2.01.00(C)
Recnrring Violation: Storing commercial vehicle/equipment on residentially-zoned
property
Address of Violation: 2670 Becca Avenue, Collier County
An Oral Stipulation was agreed to by the Respondents.
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 Respondents were found GUILTY
of the alleged violation(s).
The Respondents were ordered to pay the Operational Costs in the amount of $248.40
incurred during the prosecution of this case on or before July 2,2007.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
9. Case # 2004110790 - BeC vs. Ted Zhi Hui Luo,
The County was represented by Code Enforcement Director, Michelle Arnold, who was
present.
The Respondent was present and was represented by his attorney, Louis Erickson.
Violation(s): Ordinance 91-102, as amended, Sections 2.7.6.1; 2.7.6.5; 106.1.2
Illegal dividing of single family residence; work without permits
Address of violation: 11530 Riggs Road, Collier County
An Oral Stipulation was entered into by the parties.
Ms. Arnold stated fines had accrued in the amount of $36,330.56. The County entered into
a compromise with the Respondent and requested imposition of fines in the total amount of
$2,800.00, including Operational Costs of $330.56.
The Special Master GRANTED the County's motion for the imposition ofafine in the
total amount of $2,800.00 (including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1, 2007, or the
County would proceed with enforcement of the lien.
5
June I, 2007
VI. A. 10. Case # 2005070528 - BCC vs. Ted Zhi Hui Luo
The County was represented by Code Enforcement Director, Michelle Arnold, who was
present.
The Respondent was present and was represented by his attorney, Louis Erickson.
Violation{s): Ordinance 04-41, as amended, Section 10.02.05(B), and
Ordinance 02-01, as amended, Sections 103.11.2 and 104.1.1
Failure to obtain proper permits for alterations to the structure
Address of violation: 11580 Riggs Road, Collier County
An Oral Stipulation was entered into by the parties.
Ms. Arnold stated fines had accrued in the amount of $18,5 11.15. The County entered into
a compromise with the Respondent and requested imposition of fines in the total amount of
$6,700.00, including Operational Costs of$211.15.
The Special Master GRANTED the County's motion for the imposition of a fine in
the total amount to $6,700.00 (including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1, 2007, or the
County would proceed with enforcement of the lien.
11. Case # 2005070577 - BCC vs. Ted Zhi Hui Luo
The County was represented by Code Enforcement Director, Michelle Arnold, who was
present.
The Respondent was present and was represented by his attorney, Louis Erickson.
Violation(s): Ordinance 02-41, as amended, Section 424.2.17.1
Failure to install proper safety barrier; obtain permits and inspections
Address of violation: 11580 Riggs Road, Collier County
An Oral Stipulation was entered into by the parties.
Ms. Arnold stated fines had accrued in excess of$118,194.01. The County entered into
a compromise with the Respondent and requested imposition of fines in the total amount
of$5,500.00, including Operational Costs of$194.01.
The Special Master GRANTED the County's motion for the imposition of a fine in
the total amount to $5,500.00 (including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1, 2007, or the
County would proceed with enforcement of the lien.
Total Fines: $15,000.00
The Special Master noted ''for the record" that compliance had also been obtained in
Case # 2005070525; the County was ordered to prepare Satisfactions of Lien for each
of these four cases.
6
June 1, 2007
V. B. Hearinl!s:
1. Case # PU 328 - BCC vs. Lelv Villas I, Condominium Association of Naples. Inc..
c/o Joan A. Merendino. President
The Hearing was requested by the Respondent. The Respondent's representative, Joan A.
Merendino, was present.
Collier County Public Utilities Investigator Tonya Phillips was also present.
Violation(s): Ordinance 02-17/90-125, Section 5
Irrigation outside designated day and time on County "dry day"
(Public health, welfare and safety issue)
Address of violation: 23 Lanai Circle, Collier County
The Investigator introduced photographs (one page- 3 photographs) which was marked as
County's Composite Exhibit "A" and admitted into evidence.
The Respondent stated there apparently was an electrical problem with the 14 clocks that
regulate the watering schedule; the problem was repaired.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s} and was ordered to pay a civil fine of $75.00,
together with a citation fee of $5. 00, on or before July 2,2007, 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 June 18, 2007.
Total Fines: $130.00
2. Case # PU 330 - BCC vs. Lelv Villas I. Condominium Association of Naples, Inc.,
c/o Joan A. Merendino, President
The Hearing was requested by the Respondent. The Respondent's representatiave, Joan A
Merendino, was present.
Collier County Public Utilities Investigator Tonya Phillips was also present.
Violation(s): Ordinance 02-17/90-125, Section 5
Irrigation outside designated day and time on County "dry day"
(Public health, welfare and safety issue)
Address of violation: 14 Lanai Circle, Collier County
The Investigator introduced photographs (one page) which was marked as County's
Exhibit "A" and admitted into evidence.
The Respondent stated there apparently was an electrical problem with the 14 clocks that
regulate the watering schedule; the problem was repaired.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s}; no fine or Operational Costs were assessed in this
case.
7
June 1,2007
V. B. 6. Case # SO 153963 - BCC vs. Bob W. Schuh
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Don Lothrop was present.
Violation(s): Ordinance 130-66
Parked in a loading zone - no driver
Deputy Lothrop stated the Respondent admitted in his letter that he parked his car in the
loading zone [of the Home Depot] and left it there.
The Special Master stated the Respondent's letter further stated he left the vehicle twice;
once for four minutes, and the second time for ten minutes.
The Special Master stated portions of the Respondent's letter for the record:
"In conclusion. I did park my vehicle in the parking lot and went
shopping; I did bring it up to be loaded; I did the right thing in this
case. It's only $25.00 but it's the principle of the matter for me. I
don't deserve this, I did nothing wrong. If this is not a good enough
defense, please let's waste more time and give me a continuance. "
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $30. 00,
together with a citation fee of $5.00, on or before July 2,2007, unless altered by u
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 July 2,2007.
8. Case # SO 150241- BCC vs. Richard D. Rettben!
The Hearing was requested by the Respondent was not present.
Collier County Deputy Sheriff Fred Klinkmann was present.
Violation(s): Ordinance 130-67
Handicapped space - no permit in view
The Deputy stated the Respondent had been granted a Continuance in April, 2007. He
further stated the Respondent requested another Continuance to January 10, 2008.
The Special Master stated she reviewed the Minutes of the Hearing of April 20, 2007; the
Respondent was allowed to submit written defenses to the violation rather than appear in
person.
The Special Master stated "for the record" the Respondent admitted in his letter that he
did commit the offense. The Respondent further stated he was not guilty because the
Ordinance allows a person to momentarily park in such parking space for the purpose of
loading or unloading a handicapped person.
8
June 1,2007
V. B. The Respondent stated, "... although she [his wife] would qualifY Jor a handicapped
placard, we preJer Jor the time being to leave those spaces Jor those in greater need. "
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $250.00
on or before August 2, 2007, unless altered by a subsequent Stipulation or Order
of the Special Master.
The Respondent was ordered to pay Operational Costs in the umount of $50.00
incurred during the prosecution of this case on or before August 1,2007.
Total Fines: $300.00
13. Case # 2007030091 - Andrew Saval!e & Hallev E. Saval!e
The Hearing was requested by Collier County Code Enforcement Investigator Thomas
Keegan who was present.
The Respondent, Andrew Savage, was also present.
Violation(s): Ordinance 05-44, Sections 6, 7 and 8
Litter consisting of, but not limited to, tires, vehicle parts, and metal
materials on residential property
Address of violation: 4002 Cindy A venue, Collier County
The Respondent stated Halley E. Savage is his father; John Bruner was the former
property owner. The Respondent stated he had notified Collier County to remove Mr.
Bruner's name from the tax records. The Respondent further stated that he was
representing both his father and himself at the Hearing.
Investigator Keegan introduced photographs which were marked as County Exhibit "A",
"B," and "c" and entered into evidence. The Investigator also stated the violation had
been abated.
The Respondent stated in 2005, due to Hurricane Wilma, a 45-foot tree fell in his back
yard. Since heavy equipment could not be used to remove the tree, the Respondent
stated he manually sawed and removed the tree. The Respondent stated this violation
should be considered as a separate violation, not a "repeat violation."
The Investigator requested imposition of a civil penalty of $500 in addition to payment
of Operation Costs of$249.89.
The Respondent stated he is financially unable to pay such fines and that he is in the
process of selling his property in order to move out of state.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay a civil penalty of $1 00. 00
on or before September 1,2007, unless altered by a subsequent Stipulation or Order of
the Special Master. The Special Master ruled the Respondent may submit a written
request for an extension of time ifnecessary; the civil penalty would be waived if
the property had not sold by September 1, 2007.
The Respondent was ordered to pay Operational Costs in the amount of $249.89
9
June 1,2007
incurred during the prosecution of this case on or before September 1, 2007.
RECESS: 11:00AM
RECONVENED: 11:10AM
V. B. 7. Case # SO 145908 - BCC vs. the Universitv of Toledo Intercollel!iate Athletics,
c/o John Shannon. as Representative
The Hearing was requested by the Respondent who asked to appear via conference call.
Collier County Deputy Sheriff Tom Corniola was also present.
Violation(s): Ordinance 130-67
Parked in Handicapped Space
Address of violation: Red Roof Inn, 1926 Davis Blvd., Collier County
A conference call was placed to the Respondent by Code Enforcement Investigative
Supervisor Jeff Letourneau at II: 15 AM. The Special Master asked Supervisor
Letourneau if the Respondent had provided the telephone number and if he had been
advised to be available around II :00 AM. Supervisor Letourneau stated that he was
unable to complete the call; he left a message on the Respondent's answering machine.
The Special Master noted for the record that this case had been continued previously
from another agenda in order to ensure the Respondent received proper notice.
Deputy Corniola stated he had observed an automobile parked in a handicapped space
without a handicapped placard on January 26, 2007 and issued the parking ticket.
The Special Master stated Hertz rental car company had previously been identified as the
Respondent in this case. Arlene Harper, Code Enforcement Administrative Secretary,
stated Code Enforcement received correspondence contesting the citation from John
Shannon; Mr. Shannon had contacted Supervisor Letourneau by telephone.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of$250.00
on or before July 2, 2007, unless altered by a subsequent Stipulation or Order of
the Special Master. The Special Master ruled the Respondent may submit a written
proof that he was representing the University of Toledo at the time the citation was
issued; the fines would then be imposed against the University.
The Respondent was ordered to pay Operational Costs in the amount of $50.00
incurred during the prosecution of this case on or before July 2,2007.
11. Case # 2007010119 - BCC vs. Kima Watt
The Hearing was requested by Collier County Code Enforcement Investigator Ronald
Martindale who was present.
The Respondent was also present.
V. B. Violation(s): Ordinance 01-41, Section 1.04.01
10
June 1,2007
Unpermitted building structure (storage pod container) and other
improperly stored articles in a residential1y zoned area
Address of violation: 854 109th Avenue N., Col1ier County
Investigator Martindale stated the Respondent had stored a pod-type container on her
yard. He stated he posted the property and the Courthouse in March after the initial
Notice of Violation had been returned by the US Postal Service in January, 2007. He
introduced several photographs which were marked as County Exhibits "A," "B," and
"C" and introduced into evidence.
The Respondent stated she had Bougainvil1eas planted around the storage pod to
obscure it from view; she thought that was acceptable.
Code Enforcement Supervisor Patti Petrul1i stated the Respondent had not contacted the
Code Enforcement otlice until just prior to the Hearing.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to contact a storage facility
company to obtain a permit to remove the storage pod container from the premises
on or before June 22, 2007, unless altered by a subsequent Stipulation or Order of
the Special Master. The Special Master ruled the Respondent may submit a written
request to Code Enforcementfor an extension of time to comply; Code Enforcement
was authorized to grant the request if one is made.
The Respondent was ordered to pay Operational Costs in the amount of $252.52
incurred during the prosecution of this case on or before July 2, 2007.
The Respondent was ordered to notify the Investigator within 24 hours of a work day
to concur the violation(s) had been abated.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
7. Case # 2006040707 - Leobardo Flores and JoAnne Swartz-Flores
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau who was present.
The Respondent, Jo Anne Swartz-Flores, was also present, appearing via a long-distance
conference call.
The County requested payment of Operational Costs of$187.64, and fines of$29,500 for
the period from October 4, 2006 through January 30, 2007 (118 days @ $250/day), for a
total amount of$29,687.64.
The Respondent stated Leobardo Flores resides in Mexico, but she was authorized to act
on his behalf. She also stated the damage had been caused by a hurricane; she was alone
and unable to have repairs made. She further stated she had been advised by Col1ier
County that a permit would not be issued to repair the mobile home and was required to
demolish the mobile home. The delay was caused because she was unable to afford to
hire a contractor.
II
June 1,2007
VI. A. The Special Master GRANTED the County's motion for the imposition ofafine
but, due to mitigating circumstances, reduced the total amount of the fine to $6,750.00
(including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1,2007, or the
County would proceed with enforcement of the lien.
6. Case # 2006080930 - BCC vs. Elaine Deloris Choice
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau who was present.
The Respondent was represented by Jerome McLean, as property manager for Laker
Investment Management, Inc., property owner.
The County requested payment of Operational Costs of $120.99, and fines of $18,400
for the period from November 24, 2006 through May 30, 2007 (184 days @ $IOO/day),
for a total amount of$18,520.99.
Supervisor Letourneau introduced a copy of a quit-claim deed from Elaine Deloris
Choice to Laker Investment Management, Inc., on September 22, 2006, which was
marked as County Exhibit "A" and entered into evidence.
Mr. McLean stated he was authorized by Joseph Houston to represent Laker Investment
Management, Inc. Mr. McLean stated the tenants refused to comply with requests to
keep the property free of litter. He further stated Lake Management in the process of
evicting the tenants, and the owner is willing to pay the administrative costs.
The Special Master stated the Order had been issued in August, 2006, prior to the
property being signed over to Mr. Houston.
The Special Master GRANTED the County's motion for the imposition ofafine
but, due to mitigating circumstances, reduced the total amount of the fine to $9,260.00
(including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1,2007, or
the County would proceed with enforcement of the lien.
V. B. Hearinl!s:
17. Case # 2007030057 - BCC vs. Henrv Tesno and Jill Weaver
The Hearing was requested by Code Enforcement Property Maintenance Specialist Joe
Mucha who was present.
The Respondents were represented by Eddie Joe Dayton, property manager.
Violation(s): Ordinance 04-58, Section 6(S) and Sections 1,4,5,9,10, II, 120, 12F,
12H, 12 I, 12K, 12L, 120, 12P, 19A, 19B, and 20
Repeat Violation: Numerous minimum housing violations - health and safety concerns
Address of violation: 3145 Lunar Street, Collier County
12
June 1, 2007
V. B. Property Maintenance Specialist Mucha introduced seventeen (17) photographs which
were marked as County Exhibits "A" through "Q" and admitted into evidence. He stated
the double-wide mobile home had been subdivided into three units which was previously
cited as a violation in Case #2006030630.
Mr. Dayton stated that he had completed many of the repairs
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to pay a civil penalty of $5,000. 00
on or before July 2, 2007; the Respondents were ordered to obtain all necessary permits
and/or Certificate of Occupancy to either repair the mobile home, returning it to single-
family occupancy, or to demolish the mobile home on or before July 2, 2007, or a fine
of $250. 00 per day would be imposedfor each day the violation(s) remained thereafter
unless altered by a subsequent Stipulation or Order of the Special Master. If the
Respondents were unable to either repair or demolish the mobile home within the
allotted time, the County will would be authorized to demolish the structure at the
expense of the Respondents.
The Respondents were ordered to pay Operational Costs in the amount of$312.59
incurred during the prosecution of this case on or before July 2,2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a work day
to concur the violation(s) had been abated.
Total Fines: $5,312.59
RECESS: 12:37PM
RECONVENED: 12:45 PM
Vl. A. Motion for Imposition of Fines:
1. Case #2006100692 - BCC vs. Jill J. Weaver
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau who was present.
The Respondents were represented by Joe Eddie Dayton, property manager.
The County requested payment of Operational Costs of $120.05, and fines of $4,200 for
the period from February 20, 2007 through March 20, 2007 (28 days @ $150/day), for
a total amount of $4,320.05.
The Special Master GRANTED the County's motion for the imposition offines in the
total amount to $4,320.05 (including Operational Cost).
The Respondent was ordered to pay this fine on or before September 1,2007, or the
County would proceed with enforcement of the lien.
VI. A. 2. Case # 2006100085 - BCC vs. Jill J. Weaver
13
June 1, 2007
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau who was present.
The Respondents were represented by Joe Eddie Dayton, property manager.
The County requested payment of Operational Costs of$106.97, and fines of$8,850 for
the period from February 5, 2007 through April 5, 2007 (59 days @ $150/day), for a
total amount of $8,956.97.
The Special Master GRANTED the County's motion for the imposition offines in the
total amount of$8,956.97 (including Operational Costs).
The Respondent was ordered to pay this fine on or before September 1, 2007, or the
County would proceed with enforcement of the lien.
V. B. Hearilll~S:
10. Case #2006090279 - Aneelo B. Campanello and Diane M. Campanello
The Hearing was requested by Code Enforcement Investigator Azure Sorrels who was
present.
The Respondents were not present.
Violation(s): 04-41, Section 5.03.02(A)(3)
Wooden fence - damaged, missing section
Address of violation: 141 First Street, Collier County
Investigator Sorrels stated the fence was permitted but was damaged during a hurricane.
She introduced three photographs of the fences on both sides of the Respondent's
property which were marked as County Exhibits "A," "B," and "c" and were admitted
into evidence.
The Investigator stated the property owner was initially contacted by Investigator Mario
Bono. The Respondent was abusive; he would not cooperate with or speak to the
Investigator. Investigator Sorrels stated the Notice of Violation had been posted on the
property on March 19,2007, and the Notice of Hearing was posted on May 18, 2007.
She further stated she conducted a site visit on May 31, 2007; the violations still remain.
The Special Master stated "for the record" the Respondents had received proper notice.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to either repair the fence to its
original permitted condition or to remove the fence on or before June 22, 2007, or a
fine of $1 00.00 per day would be imposed for each day the violation(s) 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$268.90
incurred during the prosecution of this case on or before July 2,2007.
The Respondents were ordered to notifY the Investigator within 24 hours of a work day
to concur the violation(s) had been abated.
14
June I, 2007
V. B. 12. Case #2007030268 - BCC vs. Laura O. Mostal!hel
The Hearing was requested by Code Enforcement Investigator Mario Bono who was
represented by Code Enforcement Supervisor Patti Petrolli.
The Respondent was not present.
Violation(s): 04-08, Paragraph 15 (Property Maintenance)
Pool water in algaed, green and stagnant condition
Address of violation: 6758 Bent Grass Drive, Collier County
Supervisor Petrolli stated the file contained proof of delivery of the Notice of Violation
via certified mail; the Notice of Hearing was posted at the property. Supervisor Petrolli
further stated she conducted a site visit on May 30, 2007 and spoke with a family
member. She advised the individual of the Hearing but that individual refused to
disclose any information; the violation still remained.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to return and maintain the pool
water in a clear condition on or before June 6, 2007, or afine of $50. 00 per day would
be imposed for each day the violation(s) 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$251.37
incurred during the prosecution of this case on or before July 2,2007.
The Respondent was ordered to notifY the Investigator within 24 hours of a work day
to concur the violation(s) had been abated.
VI. A. Motion for Imposition of Fines:
3. Case # 2006100842 - BCC vs. Leonardo Hernandez
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau who was present.
The Respondent was not present.
The County requested payment of Operational Costs of$121.05.
The Special Master GRANTED the County's motion for the imposition offines in
the amount of $121.05 (Operational Costs only).
The Respondent was ordered to pay this fine on or before September 1, 2007, or the
County would proceed with enforcement of the lien.
B. Motion for Reduction of Fines: None
VII. OLD BUSINESS
A. Request to forward Case for Collections/Foreclosure: None
15
June 1, 2007
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. COMMENTS - None
XI. NEXT MEETING DATE -June 15, 2007.
There being no further business for the good of the County, the Hearing was adjourned by order
ofthe Special Master at 1:15 PM.
COLLIER COUNTY SPECIAL MASTER HEARING
Special Master, Brenda Garretson
These Minutes were approved by the Special Master on
as presented , or as amended
16