CESM Minutes 05/01/2015 May 1, 2015
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 1, 2015
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Kerry Adams, Code Enforcement Specialist
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: May 1,2015 at 9:00 A.M.
LOCATION: Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE 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 MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
11. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—April 3,2015
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
1
B. Hearings
1. CASE NO: 50180856-CEEX20150006484
OWNER: RALPH TIMBER
OFFICER: DEPUTY ROBINS
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: BAREFOOT BEACH PRESERVE, PARKING LOT#3,NAPLES
2. CASE NO: S0180855-CEEX20150007524
OWNER: HENRY FONT
OFFICER: DEPUTY ROBINS
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA
VIOLATION
ADDRESS: BAREFOOT BEACH PRESERVE, PARKING LOT#3,NAPLES
3. CASE NO: PR053628-CEEX20150005158
OWNER: EDNA JONES
OFFICER: PARK RANGER CYNTHIA GAYNOR
VIOLATIONS: CODE OF LAW&ORD.. SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: MARCO SOUTH ACCESS, MARCO ISLAND
4. CASE NO: PR053623-CEEX20150005414
OWNER: OLDE NAPLES GRAND HOTEL
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY A PAID LAUNCH FEE RECEIPT
VIOLATION
ADDRESS: I3AYVIEW PARK,NAPLES
5. CASE NO: PU5201-CEEX20150006607
OWNER: CERALUS DERVIL
OFFICER: INVESTIGATOR"I'ONYA PHILLIPS
VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 118-104,SECTION 36.
YARD WASTE CURBSIDE, EDUCATIONAL MATERIAL PREVIOUSLY POSTED,NOTICE
OF VIOLATION PREVIOUSLY ISSUED. YARD WASTE STILL CURBSIDE ON NON-
SCHEDULED COLLECTION DAY,NOT PROPERLY PREPARED, BULK ITEMS MIXED
WITH YARD WASTE.
FOLIO NO: 35776640002
VIOLATION
ADDRESS: 1701 41ST STREET SW, NAPLES
2
6. CASE NO: CEV20150005292
OWNER: ERNEST J. VALDASTRI
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A), 130-96(B)(1), 130-96(B)(2), 130-96(B)(3),AND THE LAND
DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 4.05.03(A). IMPROPERLY
STORED RECREATIONAL VEHICLES AND VEHICLES PARKED ON THE GRASS.
FOLIO NO: 49532360004
VIOLATION
ADDRESS: 30 CREEK CIRCLE,NAPLES
7. CASE NO: CEROW20140023244
OWNER: DEAN H. HOOVER AND PATRICIA A. HOOVER
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II,CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION 1
GENERALLY, SECTION 110-30. CULVERT HAS FAILED AND IS RUSTED THROUGH.
FOLIO NO: 38332080003
VIOLATION
ADDRESS: 6221 DOGWOOD WAY,NAPLES
8. CASE NO: CENA20140023570
OWNER: BRITTANY A.CLARK-SMALLWOOD AND KENNETH G.SMALLWOOD JR.
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54 ENVIRONMENT,ARTICLE VI,
WEEDS, LITTER,AND EXOTICS,SECTION 54-181. LITTER CONSISTING OF BUT NOT
LIMITED TO AN ABANDONED BOAT ON IMPROVED OCCUPIED RESIDENTIAL
PROPERTY.
FOLIO NO: 0121 1400003
VIOLATION
ADDRESS: 47 BEAVER LANE,OCHOPEE
9. CASE NO: CENA20150002127
OWNER: MARIA DE LOS SANTOS
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A), 54-179,AND 54-181. WEEDS AND GRASS IN EXCESS OF 18 INCHES
IN HEIGHT AND LITTER ON IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 62094680005
VIOLATION
ADDRESS: 5354 HARDEE STREET,NAPLES
10. CASE NO: CESD20130018766
OWNER: GHEORGHINA BEJAN AND PETRA BEJAN
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE 11,FLORIDA BUILDING CODE, SECTION 22-
26(B)(104.5.1.4.4).CONCRETE FENCE THAT IS PARTIALLY COMPLETED.
FOLIO NO: 38391280006
VIOLATION
ADDRESS: 5425 BOXWOOD WAY, NAPLES
3
I I. CASE NO: CESD20150002305
OWNER: IRENE SYLVA EST AND RAFAEL ROSAS
OFFICER' INVESTIGA'T'OR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(A). SEVERAL STRUCTURES ERECTED ON THE PROPERTY WITHOUT
OBTAINING COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 37741960003
VIOLATION
ADDRESS: 141 20TH AVENUE NE,NAPLES
12. CASE NO: CEAU20140025143
OWNER: 2825 DAV LLC
OFFICER: INVESTIGATOR AR'T'HUR FORD
VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER I,SCOPE AND ADMINISTRATION,PART I
SCOPE AND APPLICATION, SECTION 105 PERMITS, 105.1 REQUIRED. A SECTION OF
FENCE INSTALLED WITHOUT REQUIRED COLLIER COUNTY PERMITS,
INSPEC'T'IONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY.
FOLIO NO: 61833480001
VIOLATION
ADDRESS: 2825 DAVIS BLVD,NAPLES
13. CASE NO: CESD20150003141
OWNER: MICHAEL HEIDERMAN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). PERMIT#950010750 FOR A POOL IS EXPIRED,CERTIFICATE OF
COMPLETION WAS NOT OBTAINED.
FOLIO NO: 36247800008
VIOLATION
ADDRESS: 1798 54TH TER SW,NAPLES
14. CASE NO: CEROW20140020519
OWNER: SEBERA REYNOSO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II,CONSTRUCTION IN THE RIGHT OF WAY,DIVISION I
GENERALLY, SECTION 110-31 (A). BRICK PAVERS THAT HAD BEEN PLACED IN THE
ROAD RIGHT OF WAY OF IMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST
APPLYING FOR AND OBTAINING THE REQUIRED PERMITS, INSPECTIONS,AND
CERTIFICATE OF COMPLETION.
FOLIO NO: 81320480002
VIOLATION
ADDRESS: 316 WELLS STREET, IMMOKALEE
C. Emergency Cases:
4
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CESD20120006106
OWNER: FRED N.THOMAS JR AND CHERRYLE P. THOMAS
OFFICER: INVESTIGATOR WELDON J WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). SHED INSTALLED WITHOUT OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 51242560001
VIOLATION
ADDRESS: 1205 ORCHID AVENUE, IMMOKALEE
2. CASE NO: CEROW20140007383
OWNER: FRED J. KAUER
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION I GENERALLY,
SECTION 110-32(1). THE CULVERT/DRAINAGE PIPE HAS FAILED,COLLAPSED OR
RUSTED THROUGH.
FOLK)NO: 98720004
VIOLATION
ADDRESS: 829 SANCTUARY ROAD, NAPLES
3. CASE NO: CESD20140007433
OWNER: JOSE AND MARIA QUINTERO
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION
10.02.06(B)(I)(a). INSTALLED A SCREENED IN PORCH WITHOUT HAVING FIRST
OBTAINED COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 60205005701
VIOLATION
ADDRESS: 709 HABITAT CENTER, IMMOKALEE
4. CASE NO: CEPM20140022233
OWNER: MARY ALICE REILLEY TR, LEE P. WILSON TR, MARY ALICE REILLEY REV
TRUST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING
MAINTAINED.
FOLIO NO: 62713480007
VIOLATION
ADDRESS: 850 93RD AVENUE N,NAPLES
5
5. CASE NO: CEROW20140014172
OWNER: ROSA L. SOPENA AND JORGE LOPEZ LARRULL
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX,
RIGHT OF WAY PERMITS,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II,
CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY,SECTION 110-31(A).
NON-APPROVED/PERMITTED PVC PIPE IN CULVERT AREA AND CULVERT AREA
COLLAPSED.
FOLIO NO: 63405760005
VIOLATION
ADDRESS: 4524 CAPRI DRIVE„NAPLES
6. CASE NO: CENA20140018279
OWNER: ROSA L. SOPENA AND JORGE LOPEZ LARRULL
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX,
CHAPTER 54 ENVIRONMENT,ARTICLE VI, WEEDS,LITTER,AND EXOTICS,SECTION
54-179, 181,AND 185(A). CUT DEAD BRANCHES IN A PILE.
FOLIO NO: 63405760005
VIOLATION
ADDRESS: 4524 CAPRI DRIVE,NAPLES
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
VIII. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive
Summary.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
IX. REPORTS
X. NEXT MEETING DATE: June 5, 2015, at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F,3rd Floor,Naples,Florida
XI. ADJOURN
6
May 1, 2015
Any person who decides to appeal a decision of the Special Magistrate 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 Magistrate shall be responsible for providing this record.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:24 A.M. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Those persons present had heard the explanation previously so the reading of the rules and regulations
was waived by Special Magistrate Garretson.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under VI.A —Motion for Imposition of Fines, the following case was moved to IV.0 —Motion for
Extension of Time
• #1 - CASE NO: CESD20120006106-FRED N. THOMAS JR AND CHERRYLE P.THOMAS
Under item V.B —Hearings, the following cases were moved to V.A— Stipulations:
• #5 -CASE NO: PU5201-CEEX20150006607-CERALUS DERVIL
Under item V.B —Hearings, the following cases were withdrawn:
• #2-CASE NO: S0180855-CEEX20150007524- HENRY FONT
• #3 -CASE NO: PR053628-CEEX20150005158- EDNA JONES
• #4-CASE NO: PR053623-CEEX20150005414-OLDE NAPLES GRAND HOTEL
• #7-CASE NO: CEROW20140023244-DEAN H. HOOVER AND PATRICIA A. HOOVER
• #8-CASE NO: CENA20140023570- BRITTANY A. CLARK-SMALLWOOD AND KENNETH G.
SMALLWOOD JR.
• #10-CASE NO: CESD20130018766-GHEORGHINA BEJAN AND PETRA BEJAN
• #12-CASE NO: CEAU20140025143-2825 DAV LLC
• #13 -CASE NO: CESD20150003141 -MICHAEL HEIDERMAN
• #14-CASE NO: CEROW20140020519-SEBERA REYNOSO
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—April 3, 2015
The minutes of the April 3, 2015 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
None
B. Motion for Continuance
None
C. Motion for Extension of Time
2
May 1, 2015
1. CASE NO: CESD20120006106
OWNER: FRED N. THOMAS JR AND CHERRYLE P. THOMAS
OFFICER: INVESTIGATOR WELDON J WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). SHED INSTALLED WITHOUT OBTAINING A COLLIER COUNTY
BUILDING PERMIT.
FOLIO NO: 51242560001
VIOLATION ADDRESS: 1205 ORCHID AVENUE, IMMOKALEE
Mr. Thomas was present and submitted a request for an Extension of Time in writing. He orally
amended the request from a 90 day continuance to a 120 day continuance.
Supervisor Perez represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED the Respondent's Motion for an Extension of Time
and continued the case to September 1, 2015.
V. PUBLIC HEARINGS
A. Stipulations
5. CASE NO: PU5201-CEEX20150006607
OWNER: CERALUS DERVIL
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: CODE OF LAWS &ORDINANCES,CHAPTER 118-104, SECTION 36.
YARD WASTE CURBSIDE,EDUCATIONAL MATERIAL PREVIOUSLY POSTED,NOTICE
OF VIOLATION PREVIOUSLY ISSUED. YARD WASTE STILL CURBSIDE ON NON-
SCHEDULED COLLECTION DAY,NOT PROPERLY PREPARED, BULK ITEMS MIXED
WITH YARD WASTE.
FOLIO NO: 35776640002
VIOLATION ADDRESS: 1701 41ST STREET SW,NAPLES
Investigator Phillips requested the hearing.
The Stipulation was entered into by Ceralus Dervil on May 1, 2015.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case by
June 1, 2015.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$105.00
4. Total Charges are $160.00 due by June 1, 2015
Total Amount Due: $160.00
B. Hearings
6. CASE NO: CEV20150005292
OWNER: ERNEST J.VALDASTRI
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A), 130-96(B)(1), 130-96(B)(2), 130-96(B)(3), AND THE LAND
DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 4.05.03(A). IMPROPERLY
STORED RECREATIONAL VEHICLES AND VEHICLES PARKED ON THE GRASS.
FOLIO NO: 49532360004
VIOLATION ADDRESS: 30 CREEK CIRCLE,NAPLES
3
May 1, 2015
Mr. Valdastri was present and requested a 90 day Continuance in the case as he is relocating to
Colorado and in the process of cleaning out his house and placing it on the real estate market for
sale.
Investigator Odom represented the County and had no objection to the request noting the
property is in compliance at this point in time.
The Special Magistrate GRANTED the Respondent's request and CONTINUED the case until
August 7, 2015.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CEROW20140007383
OWNER: FRED J.KAUER
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110, ROADS AND
BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION I GENERALLY,
SECTION 110-32(1). THE CULVERT/DRAINAGE PIPE HAS FAILED, COLLAPSED OR
RUSTED THROUGH.
FOLIO NO: 98720004
VIOLATION ADDRESS: 829 SANCTUARY ROAD,NAPLES
Mr. Kauer was present and requested a 90 day Continuance in the case as he has filed for the
permit and will be completing the work immediately upon receipt of the permit.
Supervisor Bosa represented the County and had no objection to the request and noted the
Operational Costs from the original hearing in the amount of$115.10 has not been paid.
The Special Magistrate GRANTED the Respondent's request and CONTINUED the case
until August 7, 2015 and ordered him to pay the outstanding Operational Costs.
VI. PUBLIC HEARINGS (Continued)
B. Hearings
1. CASE NO: S0180856-CEEX20150006484
OWNER: RALPH TIMBER
OFFICER: DEPUTY ROBINS
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS: BAREFOOT BEACH PRESERVE, PARKING LOT#3,NAPLES
Deputy Robbins represented the County.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 4/23/15
Finding the Notice of Hearing was properly served, Special Magistrate Garretson upheld
issuance of the citation and ordered the Respondent to pay a $250.00 Fine, Operational Costs
of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$305.00.
Total Amount Due: $305.00
9. CASE NO: CENA20150002127
OWNER: MARIA DE LOS SANTOS
OFFICER: INVESTIGATOR JAMES KINCAID
4
May 1, 2015
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A), 54-179,AND 54-181. WEEDS AND GRASS IN EXCESS OF 18 INCHES
IN HEIGHT AND LITTER ON IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 62094680005
VIOLATION ADDRESS: 5354 HARDEE STREET,NAPLES
Date of Hearing Notice by Certified Mail: 4/16/15
Date of Hearing Notice Property/Courthouse Posting: 4/16/15
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 3/20/15
Composite Exhibit B: 3 photos dated 4/30/15
The violation remains as of 5/1/15
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by
June 1, 2015.
2. Mow all weeds,grass, or other similar non protected overgrowth in excess of 18 inches to
a height of no more than 6 inches by May 8, 2015 or pay a fine of$50.00 per day for each
day the violation remains.
3. Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal, or store said items in a completely enclosed structure by May 8, 2015 or a
fine of$100.00 per day will be imposed until the violation is abated
4. 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 and made during the work week. 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. If the Respondent fails to abate the violation
the County may abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be
assessed to the property owner.
Total Amount Due: $115.03
11. CASE NO: CESD20150002305
OWNER: IRENE SYLVA EST AND RAFAEL ROSAS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). SEVERAL STRUCTURES ERECTED ON THE PROPERTY WITHOUT
OBTAINING COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 37741960003
VIOLATION ADDRESS: 141 20TH AVENUE NE,NAPLES
Date of Hearing Notice by Certified Mail: 4/16/15
Date of Personal Service: 4/15/15
Investigator Asaro presented the case.
The Respondents were not present.
Evidence Entered: Compostie Exhibit A: 4 photos dated 1/28/15
5
May 1, 2015
The violation remains as of 5/1/15.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.55 incurred in the prosecution of the case by
June 1, 2015.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by June 1, 2015 or a fine of$250.00 per day will be imposed until
the violation has been abated.
3. 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 and made during the work week. 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. If the Respondent fails to abate the violation
the County may abate the violation and may use the assistance of the Collier County
Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be
assessed to the property owner.
Total Amount Due: $115.55
C. Emergency Cases:
None
VII. NEW BUSINESS (Continued)
A. Motion for Imposition of Fines:
3. CASE NO: CESD20140007433
OWNER: JOSE AND MARIA QUINTERO
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION
10.02.06(B)(1)(a). INSTALLED A SCREENED IN PORCH WITHOUT HAVING FIRST
OBTAINED COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 60205005701
VIOLATION ADDRESS: 709 HABITAT CENTER, IMMOKALEE
Date of Hearing Notice by Certified Mail: 4/6/15
Date of Hearing Notice Property/Courthouse Posting: 4/6/15
The Respondents were not present.
Supervisor Perez presented the case noting the violation has not been abated.
Special Magistrate Order: 3/6/15 No. 5134 Page: 1854
Fine Amount: $100.00 /day
Duration: 4/7/15 —5/1/15 (25 days)
Total Fine Amount: $2,500.00
Unpaid Operational Costs: $230.13
Total to Date: $2,730.13
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$2,730.13. Said
amount to become a lien on the property with fines continuing to accrue.
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May 1, 2015
4. CASE NO: CEPM20140022233
OWNER: MARY ALICE REILLEY TR, LEE P. WILSON TR,MARY ALICE REILLEY REV
TRUST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING
MAINTAINED.
FOLIO NO: 62713480007
VIOLATION ADDRESS: 850 93RD AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 4/16/15
Date of Hearing Notice Property/Courthouse Posting: 4/13/15
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated by the County.
Abatement Date: 3/10/15
Special Magistrate Order: 2/6/15 -No. 5126 Page: 1088
Fine Amount: $250.00/day
Duration: 2/14/15 —3/10/15 (25 days)
Total Fine Amount: $6,250.00
Unpaid Abatement Costs: $1,393.00
Unpaid Operational Costs: $230.51
Total to Date: $7,873.51
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$7,873.51.
Said amount to become a lien on the property.
5. CASE NO: CEROW20140014172
OWNER: ROSA L. SOPENA AND JORGE LOPEZ LARRULL
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 2,ARTICLE IX,
RIGHT OF WAY PERMITS,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II,
CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY, SECTION 110-31(A).
NON-APPROVED/PERMITTED PVC PIPE IN CULVERT AREA AND CULVERT AREA
COLLAPSED.
FOLIO NO: 63405760005
VIOLATION ADDRESS:4524 CAPRI DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 4/16/15
Date of Hearing Notice Property/Courthouse Posting: 4/16/15
The Respondents were not present.
Investigator Pulse presented the case noting the violation has been abated by the County.
Fine Amount: $100.00/day
Duration: 74 days
Total Fine Amount: $7,400.00
Unpaid Operational Costs: $229.91
Total to Date: $7,629.91
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines for a total amount due of$7,629.91. Said
amount to become a lien on the property with fines continuing to accrue.
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May 1, 2015
6. CASE NO: CENA20140018279
OWNER: ROSA L. SOPENA AND JORGE LOPEZ LARRULL
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 2,ARTICLE IX,
CHAPTER 54 ENVIRONMENT,ARTICLE VI, WEEDS,LITTER,AND EXOTICS, SECTION
54-179, 181,AND 185(A). CUT DEAD BRANCHES IN A PILE.
FOLIO NO: 63405760005
VIOLATION ADDRESS:4524 CAPRI DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 4/16/15
Date of Hearing Notice Property/Courthouse Posting: 4/16/15
The Respondents were not present.
Investigator Pulse represented the case noting the violation has been abated by the County.
Fine Amount: $100.00/day
Duration: 48 days
Total Fine Amount: $4,800.00
Unpaid Operational Costs: $230.28
Unpaid Abatement Costs: $342.00
Total to Date: $5,372.28
Finding the Notice of Hearing was properly served, Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$5,372.28.
Said amount to become a lien on the property.
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
VIII. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Executive Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
IX. REPORTS
None
X. NEXT MEETING DATE: June 5, 2015, at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
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May 1, 2015
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 10:15 A.M.
COLLIER COUNTY SPECIAL
MAGISTRATE HEARING
5AC:3 --
Br da Garr son, Special Magistrate
The Minutes were approved by the Special Magistrate on cJkhke5, go(5 ,
as presented v , or as amended
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