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CESM Backup Docs 01/05/2007 2007 - Special Magistrate Backup Documents January 5 , 2007 HEARING OF THE COLLIER COUNTY SPECIAL MASTER AGENDA Date: January 5,2007 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 CODE ENFORCEMENT BOARD 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—November 17,2006 IV. MOTIONS FOR CONTINUANCE V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: SO 141210 OWNER: ENIOR JIMENEZ OFFICER: D/S R.J.STEED VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 2. CASE NO: SO 149562 OWNER: JOE ALGIRE OFFICER: CPL.A.STANDFORD VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 3. CASE NO: SO 141777 OWNER: RAMESH GUDUR OFFICER: D/S LOTHROP VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 4 CASE NO: SO 141792 OWNER: DAVID AGOSTON OFFICER: D/S LOTHROP VIOLATIONS: ORD. 130-66 UNLAWFUL AREA 5. CASE NO: SO 141793 OWNER: DANIEL CARR OFFICER: D/S LOTHROP VIOLATIONS: ORD.130-66 UNLAWFUL AREA 6. CASE NO: SO 153885 OWNER: JOSHUA BROWN OFFICER: D/S LOTHROP VIOLATIONS: ORD.13 0-66 UNLAWFUL AREA 7. CASE NO: SO 153918 OWNER: MARK BRODERICK OFFICER: D/S LOTHROP VIOLATIONS: ORD.130-66 UNLAWFUL AREA 8. CASE NO: SO 153929 OWNER: MARK BRODERICK OFFICER: D/S LOTHROP VIOLATIONS: ORD.130-66 UNLAWFUL AREA 9. CASE NO: SO 150141 OWNER: IRIS PAUL OFFICER: D/S L.GARZA VIOLATIONS: ORD.130-66 UNLAWFUL AREA 10. CASE NO: SO 150121 OWNER: CHARLES CARR OFFICER: D/S L.GARZA VIOLATIONS: ORD.130-66 UNLAWFUL AREA 11. CASE NO: SO 134475 OWNER: MARK BAKER OFFICER: D/S PERRY MAPES VIOLATIONS: ORD.130-66 UNLAWFUL AREA 12. CASE NO: SO 137448 OWNER: ALEXIS PALOMEQUE OFFICER: D/S CANDICE HARMON VIOLATIONS: ORD. 130-67 HANDICAPPED SPACE 13. CASE NO: FA 012381 OWNER: BAY COLONY BEACH CLUB OFFICER: D/S TINA MULLEN VIOLATIONS: ORD.2004-48 SEC 5-24 EXCESSIVE FALSE ALARMS • 14. CASE NO: PR 115 OWNER: RAY RUSSELL OFFICER: OFFICER CAROL BUCKLER VIOLATIONS: ORD.130-66 UNLAWFUL AREA 15. CASE NO: 2006090425 OWNER: JESUS&MARIA MARTINEZ OFFICER: INV.CARMELO GOMEZ VIOLATIONS: 2004-41 SEC 2.01.00(A),2.02.03& 1.04.01 UNLICENSED/INOPERABLE VEHICLES V. NEW BUSINESS A. Request for Imposition of Fines: 1. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005040823 Plaintiff, A.SORRELS, Issuing Officer v. BANK OF AMERICA.N.A.,Respondent 2. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005040822 Plaintiff, A.SORRELS,Issuing Officer v. HOME DEPOT USA,INC,Respondent 3. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005030725 Plaintiff, S.ATHEY,Issuing Officer v. JOHN LAFONTANT&PIERRE NOUNNUDE,Respondent 4. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2004090706 Plaintiff, R.GANGULI,Issuing Officer v. GUILLERMO MARTINEZ,Respondent 5. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005080413 Plaintiff, R.GANGULI,Issuing Officer v. PAUL-MICHAEL J.CONROY,Respondent 6. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005040921 Plaintiff, C.GOMEZ,Issuing Officer v. ASHLEY&DENISE GILKENSON,Respondent 7. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005030878 Plaintiff, G. KARR,Issuing Officer v. STEPHEN SCHLESSLER,Respondent 8. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case: 2005030060 Plaintiff, C.AMBACH,Issuing Officer v. JOAN HANDSHAW,Respondent 9. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005020443 Plaintiff, J.MUCHA,Issuing Officer v. RAFAEL MORALES&JUANA PEREZ,Respondent 10. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case: 2005020698 Plaintiff, E.YBECETA,Issuing Officer v. NAPLES SOUTH REALTY,Respondent 11. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005041113 Plaintiff, M.BONO,Issuing Officer v. JOHN MC ELWAIN,Respondent 12. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2005120195 Plaintiff, J.MARSH,Issuing Officer v. STPETIM RAMKU,Respondent 13. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case:2004100731 Plaintiff, S.PATTERSON,Issuing Officer v. ADVANCED MERCHANDISING COMPANY,INC.,Respondent B. Request for Reduction of Fines: VI. OLD BUSINESS A. Request to forward case for Collections/Foreclosure: VII. REPORTS—Executive Summary for recommendation to approve the Imposition of Liens for owners of record, who have failed to pay invoices resulting from Nuisance Abatement Code violation enforcement actions. VIII. ANNOUNCEMENTS IX. NEXT MEETING DATE—January 19,2007 X. ADJOURN Jroter trno3 Osi Li ens CAZ 0G- CROIgc 1 -bcr-w o&b ►VC 's Aped;(, ier■ a144, c o i itin C4-040Zle2 Churc -F Livi,r► ("ua mAciz - okb�3 1-15oC R o U5{, L L C 0(4 2 b 4 0 1 5-1 4 uG- 17.6171 o CetSt vb. I Arra t-c4to4_ 06� 01 oSD3 p,/LC t- (f --o4Sotlo3 CA.✓ct--fzci o c ----13'11Z)k 3 ar &tarn oS- Acton�� �c,ron ote-0102Ce9 O(p u7.on2 t 4 +`- 'f rlscs 1. cpn.rcS 0(e-en t 3lP ekr.ctudcm\ 05- cS10 Lo, sc-t 2 'S %/.... 1 . .i :.. , r * MAMA 20N 1 .- „.,_-= '.' Hex woo fumui _AS ,...,„,,,,_:tit -_-' ''. . ', ms's ,.. i K t �� .ey,1(\. 2.- .... ,,,,,. ,. `,.-e:„„„z',44.,., -',. • '444,-* .t / ' til 01 _ � � y . 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Belpedio,Assistant County Attorney DAT 7.4 June 16,2004 RE: Issuance of Citations by Code Enforcement Investigators for 'Parking in the Right-of-Way" As a follow-up to our conservation of a few weeks ago and at your request, I have attacl ed copies of three Parking Violation Citations (Citations)issued by a Parking Enforcement Spec alist in the Code Enforcement Department. As you may recall, we discussed whether Citat ons issued for"parking in the right-of-way" are legally sufficient and if not, what additional train; >g of Parking Enforcement Specialists was necessary. My reason for contacting you is because Code Enforcement staff advised me that the instrt ctor at the Sheriff's Parking Enforcement Specialist Training Program instructed them to issue the Citations in the below-described manner. The attached Citations are representative of the hundreds of Citations that were issued by Code Enforcement staff for"parking in the right-of-way." As you will see, a box is checked off for 1: irking in an "unlawful" area with reference to Section 5, presumably referencing Collier Cow ty Ordinance 80-47. Section 5 is codified as 130-66 through 130-65 of the Code of Laws and t )rdinances. The unlawful parking area referred to in the Citation is`right-of way." Based on my review of Collier County Ordinance 80-47, as amended, codified as Chapter 130, Article 11 of the Code of Laws and Ordinances, I am of the opinion that if facts exist to supp in a violation of a sub-paragraph of Section 130-66 or Section 130-67 and the section's sub- para.; raph is stated with particularity in the Citation, then the allegations in the Citation are legal y sufficient. There is no sub-section that prohibits parking in a right of way as alleged in the Citat ons. Therefore, if any of the attached Citations were challenged 1 believe a county court woul I dismiss the Citations as being vague and not properly citing an applicable provision of law. Base i on my previous telephone conversation with you, I think you would agree with this opin on. My office will schedule a teleconference to be held within the next few weeks with you, the :ode Enforcement Director, and I to discuss what additional training of the Parking Enfc -cement Specialists in the Code Enforcement Department is necessary. Thank you for taking the t me to speak with me and for being so responsive on this issue in the past. JAB ph Atta .hments cc: David C.Weigel, County Attorney Joseph K. Schmitt, Administrator, CD&ES c Michelle Arnold, Code Enforcement Director .01\ / 1(5 in 10-07-2005 2:52PM FROM COLLIER_COUNTY_ATTY 2396595720 P. 2 bcc: Michael W.Pettit,Chief Assistant County Attorney Patrick Cr_White,Assistant County Attorney KGs(ori Jan 12 07 01 : 26p Preffered Customer 3058939360 p. 2 ! !)2 (0 r .&— Jima. January 18, 2007 Mr. Dennis Mitchell Collier County Government /g __ 2800 Horseshoe Drive Naples, Florida 34104 r, RE: Case Number: 2005010315 ' Dear Mr. Mitchell, y Please be advised that I am in receipt of your recent letter scheduling a new hearing. In reference to our meeting 2 weeks ago, I am still in the process of obtaining more estimates regarding the Septic Tank Installation. As you know,the estimate that I had and showed you was very high and as I mentioned I could not afford its cost. Approximately 3 weeks ago I paid a local company to have the land cleared and request an inspection for vegetation removal and also completed the requirements to have the final building also done. Please advice the Honorable Linda Garrett that I was unable to complete all the requirements by the scheduled date due to contractors not taking any new jobs due to the holidays and the few that I did find were charging 3 times more due to the urgency. Mr. Mitchell, as soon as I received your letter I requested to have the day off at work, but as I mentioned during our conversation, I have only been working for the postal service for 3 months and I am not a permanent employee. This makes it extremely difficult to obtain any days off with at least 2 weeks notice. The notice of hearing was received last week on Saturday January 13th, please advise Judge Garrett that in no way am I trying not to comply, but if my day off is not approved it will be impossible for me to be at the hearing. If possible, I would like to request to have the hearing rescheduled, although the letter requests 10 days for a continuance but, I did not receive the notice within the time specified. This week we had the Martin Luther King holiday on Monday, when I tried to get in touch with your office the county was closed. If the continuance is granted this would also give me a little more time to get more items completed so the judge can see that I am trying to comply. Mr. Mitchell, if at all possible I would also like to request to be given more time, not living in the area gives me quite a disadvantage since everything has to be done over the phone and contractors don't always keep their appointments when scheduled. Thank you again for all your assistance. Iloh,incerely, / aria Sa hez-4.mjaaldo RESPONDENT EXHIBIT _45_1 10315 November 17, 2006 Collier County Board of County Commissioners Code of Enforcement Department 2800 north Horseshoe Drive Naples, FL 34104 Attention: Presiding Judge RE: Ticket#: 50-152862 Dear Judge: My name is Rose LaVita. I apologize for not being able to speak with you face to face as I reside in Massachusetts. The purpose of my letter is at the suggestion of the police officer and because I feel compelled to tell you of the sensitive circumstances surrounding the situation resulting in the above ticket. I was visiting family in Naples, Florida as I do each year. On November 10, 2006 I was issued a ticket by Officer Keller for parking in a handicapped space at a Publix supermarket. I feel it is terribly unfair and unwarranted for the following reason: I pulled into a non-handicapped space next to the handicapped space. I was forced by the mini-van already parked next to me to go approximately 1.5 feet over the handicapped space line. I was not parked in a handicapped space. I left my car engine on. The reason for my visit to the Publix store was because I was helping out a senior citizen in our neighborhood who asked if I could give her a ride to the supermarket. I was on my way to the airport back to Massachusetts so I obliged. I got out of my car for no more than 45-60 seconds, engine on, to assist her to the front curb. I walked back into my car and the officer immediately pulled up to my car and said to me "don't go anywhere". He gave me a ticket for being parked in a handicapped space. He would not afford me the privilege to explain why I was 1.5 feet over the line. He must've heard my engine running which in itself shows my intent not to park. My cousin was in the front passenger seat and can collaborate my story. He would not listen to me and kept telling me not to speak. Your Honor, I am a law abiding citizen. In the town where I live in Massachusetts I have a small seamstress business. I don't make a lot of money, just enough to get by. I often sew for charity in my area; the elderly and for poor children's clothes. I am one who always looks out for people in need, as I did for that senior citizen on the date I got the ticket. I also help the elderly out in my town. I always do volunteer community service, it is a shame that I was treated with such disregard. There are always two sides to a story, I am hoping Your Honor would appreciate my side. Sincerely, subscribed,tA and re ms "/"dY, of J r ZOd RESPDENT EXHIBIT / ON Rose LaVita Darlene M. Vaughn, Nota Publics, My commission expires Oct 31, 650 Brook Road, Milton, Massachusetts 02186 (617) 696-2037 • • Invoice NumbertO0000I2145 -Purchase Order 4800073834 M. Sales Rep Tim Sparks E Invoice••Datei.DuD a0122/06 • llue Date; 011 121107 Page Number: 1 of 1 CR S ENVIRONMENTAL SERVICES,INC ' EN'l7RONMENTAL& EMOUT1ON SERVICE$ • --— —° —° --- Customer: 064050 Location: COLLIER COUNTY CODE ENFORCEMENT Twin Palms 3301 East Tamiami Trail 43 Twin Palms Drive Naples,FL 34112 Naples,FL Ii Quantity Unit Description-/Part Number Unit Price Tit Price Extension.J 1,800.00 SF MH&addition demolition 2,0000 3,600.00 1.00 EA Additional Services-Bee Removal 600.0000 600.00 For billing questions, contact Debbie Watson at 813-783-1688,ext. 306. Auth v riz=:for Payment Name: Aoi •d Date: p0.4- -/383'1- . ?YID# 5-33(1232_ Invoice Net 4,200.00 COUNTY EXHIBIT A 2Ld5oglo15 P.O. Box 1299 • Crystal Springs, FL 33524 • (813) 783-1688 • Fax (813) 788-9114 E-Mail: ces @crossenv.com • www.hazardremoval.com irb 1Z- 1‘) A MitchellDennis From: camps 6 Sent: Thursday, January 11, 2007 10:52 AM To: MitchellDennis 1 A1�10 0 L Cc: NolanDennis 6-v`-'" Subject: RE: Public Parking Spaces Attachments: New Deck - Bldg L- Parking Count.xls 1— Jew Deck-Bldg L- Parking Co... Hi Dennis: This is our position: There since the County's second parking deck opened on November 20, 2006 there have been on an average, over 1000 parking spaces open between the two parking decks. (I believe during the hearing someone stated that the parking deck was not yet opened then). Most of these open spaces are in the new deck which is directly across the street from the main buildings (Courthouse, Admin Building etc). This is free, covered, convenient parking. In the parking deck next to the Courthouse, there are always over 800 spaces open at least so far-see spreadsheet.J... understand the .udge thou. h- •arkin• de k was not et o.- ed when these •eo•le •ot their citations-this should be I vestiga e ecause t e deck was opened on the 20th of November in a public ceremony. Hope this helps. thank you, Cl "e C Skip Camp, CFM The Department of Facilities Management j074 a -0 3301 Tamiami Trail, East Naples, Florida 34112 d){Z I 0 F To ' (239) 774-8380 11/7.b b ll +-Government Security # ( . 7-- w- c?- /° - \Z Real Estate Services _ Building Management Major Capital Construction Capital Replacement and Relocations From: MitchellDennis Sent: Thursday,January 11,2007 10:26 AM To: camp_s Subject: Public Parking Spaces Mr. Camp: This message comes to you at the request of Special Master Brenda Garretson. During Special Master Hearings held on 01-05-07, an attorney contested a parking citation issued to him at the main campus for unlawful parking. His defense, in part, was that if county vehicles (Sheriffs Office, and assorted county departments)were not parked in the spaces marked for Public Parking he would have been able to avoid the questionable parking spot he selected. Special Mater Garretson agreed. She has requested of me to ask you what the county's position and/or policy on this ongoing dilemma is. When it's convenient, please advise. Lhave been instructed to provide an answer to her under "Reports"on omin thhupCg public agenda for Special Master Hearings to be held on 01-19-07. - • 1 Thank you in advance for your time, Dennis 9btitchej( Investigative Supervisor F.A.C.E. III Certified 2800 Horseshoe Drive North Napes, FL. 34104 239-403-2496 - Office 239-403-2343 -Fax 239-877-8142 - CeCC Click to Send Me Email ATTENTION:Be advised that under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record,unless protected by specific exemption.The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access.For more information on this law,visit:Florida's Sunshine Law 2 BOARD OF COUNTY COMMISSIONERS /;,,.-3-)- Collier County, Florida .5-7-1 P Petitioner, vs. Case NO. 2006080737 Ronald Zbikowski/Cynthia Bobot Zbikowski Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ronald Zbikowski , on behalf of himself or Cynthia Bobot Zbikowski as representative for Respondent and.enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006080737 dated the 16th day of August , 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 1/19/07 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Never got certificate of completion for the fence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 053-0I7 incurred in the prosecution of this case. 2) Abate all violations by: obtaining any and all required inspections and certificates of completion for the fence or remove the fence within 30 days of this hearing or be fined $100.00 a day for each day the violation remains unabated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) I ` 1, Res onden M+efiell: Arnold, Director Code En orcement Department 0/',� Date �� /�' Date REV 2/23/06 ),4) BOARD OF COUNTY COMMISSIONERS S Collier County, Florida - • Petitioner, vs. Case NO. 2006120239 Norman/Bonny Dery Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Norman Dery , on behalf of himself or Bonny Dery as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006080927 dated the 21st day of August , 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which • a hearing is currently scheduled for 1/19/07 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. accumulation of litter • ' THEREFORE, it is agreed between the parties that the Respondent shall; p--1.-)--Pay operational costs in the amount of$I incurred in the prosecution of this case. 2Abate all violations by: Removing all litter from his/her property at 4536 Golden Gate Pky within seven days of this order or pay aline of$100.00 a day for each day.this violation remains unabated. Respondent is to pay $200.00 fine for a recurring violation. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) Res ondent Mic ell- r old, Director V.—\0\_6-� Code Enforcement Department Date /��f 677 • A944)a)S,,, fa Date Q REV 2/23/06 EXECUTIVE SUMMARY Recommendation to approve the Imposition of Lien for owners of record who have failed to pay invoices resulting from nuisance abatement code violation enforcement actions. CONSIDERATIONS: The following property owners failed to respond to invoice notice for nuisance abatement corrected by the County: Case Number Owner of Record Lien Amount 2004101044 RAMON MESA $500•00 2004110828 RAMON MESA $1,x•00 2004101048 RAMON MESA $500.00 2004101045 RAMON MESA $500•00 2004101042 RAMON MESA $500•00 2004110826 RAMON MESA $1,x•00 2006070138 JOHN T.MERRILL IV *PAID* 2006050083 BENITO MUNGUIA,JR $4,900•00 2006030227 ROSEMARY MONTBLEAU $725.00 2006050853 W.J.&B.R.WILLIAMS $1,000.00 2005041178 VERNON A.WHEELER $255.00 2005060276& W.J.&B.R WILLIAMS $3,000•00 2005070103 2006040083 NEUROLOGY PHYSICIANS BLDG.&LAND, $570.00 LLC 2006070429 JACQUELYN RAE $255.00 2006040628 RONY&JEAN SAGESSE $255.00 2005091269 FRANCES SMUGORZEWSKI,EST $255.00 2005060335 PEGGY TAYLOR $255.00 2005080568 VITO&MARIA TRUPIANO $255.00 TOTAL $17,125.00 RECOMMENDATION: That the Special Master imposes Liens against the above noted properties. PREPARED BY: Shirley M. Garcia, Code Enforcement Department