CESM Minutes 06/05/2014 June 5, 2015
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 5, 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
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: June 5,2015 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
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—May 1,2015
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
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B. Hearings
1. CASE NO: S0180906-CEEX20150008646
OWNER: KENNETH WIESINGER
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: LOWE'S,NAPLES
2. CASE NO: PR053668-CEEX20150008613
OWNER: ANDREA MILLER
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: GOLDEN GATE COMMUNITY PARK,NAPLES
3. CASE NO: CE001327-CEVFH20150009505
OWNER: RYAN JARVIS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 142,ARTICLE II,
SECTION 142-33(D).NO COLLIER COUNTY DRIVER ID.
VIOLATION
ADDRESS: RITZ/TIBURON,NAPLES
4. CASE NO: PU5239-CEEX20150008344
OWNER: MINTO SABAL BAY LLC
OFFICER: INVESTIGATOR DUSTIN LAPOLLA
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174,SECTION(N).
A HOSE RUNNING FROM A MIXING BARREL DIRECT CONNECTED TO A CURBSTOP,
UNLAWFUL CONNECTION.
FOLIO NO: 52505020041
VIOLATION
ADDRESS: 6837 BEQUTA WAY,NAPLES
5. CASE NO: CESD20140020942
OWNER: ALBERT ANGELO FALCIONE TR AND JULIET FALCIONE TR
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A), 10.02.06(B)(1)(E)AND FLORIDA BUILDING CODE CHAPTER 4,
SECTION 424.2.17.1 THROUGH 424.2.17.3. REMOVED POOL BARRIER AND PART OF
THE POOL WHICH ROSE OUT OF THE GROUND WITHOUT OBTAINING REQUIRED
COLLIER COUNTY PERMITS.
FOLIO NO: 65272960007
VIOLATION
ADDRESS: 288 CYPRESS WAY W,NAPLES
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6. CASE NO: CENA20150006660
OWNER: HENRY H. MURPHY AND DIANE S.MURPHY
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(B). WEEDS OVER 18 INCHES WITHIN 30 FEET OF THE RESIDENTIAL
STRUCTURE.
FOLIO NO: 37281360008
VIOLATION
ADDRESS: 880 WILSON BLVD N,NAPLES
7. CASE NO: CESD20140021167
OWNER: ROLAND ULYSSE AND MERCILANDE ULYSSE
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06(B)(1)(A). AN ENCLOSURE ADDED TO THE REAR OF AN EXISTING
DWELLING ON IMPROVED OCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST
OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF
OCCUPANCY/COMPLETION.
FOLIO NO: 25967800661
VIOLATION
ADDRESS: 14633 APALACHEE STREET,NAPLES
8. CASE NO: CEPM20140025629
OWNER: DENTON II LLC
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I). WINDOWS AND EXTERIOR DOORS NOT FITTED WITHIN ITS
FRAME,NOT PROVIDED WITH LOCKABLE HARDWARE,NOT WEATHER-TIGHT AND
WEATHERPROOF,AND NOT MAINTAINED IN GOOD REPAIR. SEVERAL
WINDOWPANES HAD CRACKS AND HOLES.
FOLIO NO: 66930120007
VIOLATION
ADDRESS: 437 CARVER STREET,IMMOKALEE
9. CASE NO: CESD20150001672
OWNER: JORGE CERVANTES
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06(B)(1)(A).A NEWLY BUILT CARPORT ATTACHED TO A MOBILE HOME
CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE
REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY.
FOLIO NO: 30684520002
VIOLATION
ADDRESS: 1415 PEAR STREET,IMMOKALEE
10. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,CHAPTER 22,
SECTION 22-241(4).BOARDING CERTIFICATE EXPIRED,RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION
ADDRESS: 5444 MARTIN STREET,NAPLES
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11. CASE NO: CEV20150001895
OWNER: AMAURI GOMEZ
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY.
FOLIO NO: 39901880002
VIOLATION
ADDRESS: 3843 EVERGLADES BLVD N,NAPLES
12. CASE NO: CEAU20150006578
OWNER: JAIME TRUJILLO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105 PERMITS,
SUBSECTION 105.1. A SIX FOOT WOOD FENCE INSTALLED IN THE FRONT YARD OF
UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE
REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION.
FOLIO NO: 01214920755
VIOLATION
ADDRESS: 48 BEAVER LANE,OCHOPEE
13. CASE NO: CEPM20150005448
OWNER: NEAT KERKUTI
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(B). VACANT DWELLING WITH DAMAGE TO EXTERIOR WALL.
FOLIO NO: 35761000000
VIOLATION
ADDRESS: 4637 18TH PL SW,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20120008938
OWNER: MBLS VENTURES LLC
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE,
SECTION 22-231(1)THROUGH(20)AND ARTICLE VI CHAPTER 22, SECTION 22-242.
UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE,
INCLUDING EXTERIOR WALLS,INTERIOR WALLS,ROOF,CEILINGS,WINDOWS,
DOORS,AND OTHER AREAS THROUGHOUT STRUCTURE.
FOLIO NO: 45967680007
VIOLATION
ADDRESS: 1810 19TH STREET SW,NAPLES
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2. CASE NO: CEROW20140002207
OWNER: MWJR LLC
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A).NO
COLLIER COUNTY PERMITS FOR CULVERT AND CULVERT IS DAMAGED.
FOLIO NO: 00729560009
VIOLATION
ADDRESS: 186 PRICE STREET,NAPLES
3. CASE NO: CEV20140022938
OWNER: KEVIN S. BUNDY
OFFICER: INVESTIGATOR HEINZ BOX
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 130,ARTICLE III,
SECTION 130-96(A).BOAT ON TRAILER IN DRIVEWAY.
FOLIO NO: 62416560004
VIOLATION
ADDRESS: 773 103RD AVENUE N,NAPLES
4. CASE NO: CEPM20140020881
OWNER: KIMBERLY M.HARRINGTON AND JAMES W.HARRINGTON
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(C)AND SECTION 22-242. UNSECURED VACANT DWELLING
WITH ROOF DAMAGE.
FOLIO NO: 47971480000
VIOLATION
ADDRESS: 1103 WISCONSIN DRIVE,NAPLES
5. CASE NO: CESD20140009841
OWNER: TOD FARRINGTON AND JENNIFER FARRINGTON
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A).METAL SHED IN THE BACK YARD OF IMPROVED RESIDENTIAL
PROPERTY WITH AN EXPIRED PERMIT AND WITHOUT OBTAINING A CERTIFICATE
OF COMPLETION.
FOLIO NO: 01134000001
VIOLATION
ADDRESS: 220 OLD TRAIN LANE,COPELAND
6. CASE NO: CEPM20140024204
OWNER: RICHARD L.GOSSARD JR AND EVONNE M. ESTEP
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242 AND 22-241(1). UNSECURED RESIDENTIAL STRUCTURE AND
BOARDING WITHOUT APPLICABLE COLLIER COUNTY BOARDING CERTIFICATE.
FOLIO NO: 62156880002
VIOLATION
ADDRESS: 5310 SHOLTZ STREET,NAPLES
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7. CASE NO: CEPM20140022483
OWNER: BERNARD A.LOSCHING EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15),22-231(12)(C),22-231(12)(P),AND 22-242.VACANT UNSECURED
DWELLING WITH POOL WATER VIOLATION,ROOF DAMAGE,AND CEILING
DAMAGE ON THE LANAI.
FOLIO NO: 68641040005
VIOLATION
ADDRESS: 13102 POND APPLE DRIVE W,NAPLES
8. 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
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: August 7, 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
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June 5, 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 9:03 A.M. All
those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing,Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance
without being punitive.
Recessed: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as
Agenda item numbers):
Under item VI.0 —Motion of Imposition of Fines, the following case was moved to V.A—
Motion for Reduction/Abatement of Fines:
• #5 - CASE NO: CESD20140009841 -TODD FARRINGTON AND JENNIFER
FARRINGTON
Under item V.B —Hearings, the following case was moved to V.B —Motion for Continuance:
• #10 - CASE NO: CEPM20140002133 -BILLY M. JOHNSON
Under item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #7 - CASE NO: CESD20140021167 -ROLAND ULYSSE AND MERCILANDE
ULYSSE
• #12 - CASE NO: CEAU20150006578 -JAIME TRUJILLO
• #4 - CASE NO: PU5239-CEEX20150008344 - MINTO SABAL BAY,LLC
Under item V.B —Hearings, the following cases were withdrawn:
• #1 - CASE NO: SO180906-CEEX20150008646 - KENNETH WIESINGER
• #2 - CASE NO: PR053668-CEEX20150008613 - ANDREA MILLER
• #5 - CASE NO: CESD20140020942 -ALBERT ANGELO FALCIONE TR AND
JULIET FALCIONE TR
• #6 - CASE NO: CENA20150006660 -HENRY H. MURPHY AND DIANE S.
MURPHY
• #9 - CASE NO: CESD20150001672 - JORGE CERVANTES
• #11 - CASE NO: CEV20150001895 -AMAURI GOMEZ
Under VI.A—Motion for Imposition of Fines, the following case was withdrawn:
• #3 - CASE NO: CEV20140022938 - KEVIN S. BUNDY
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June 5, 2015
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—May 1,2015
The minutes of the May 1, 2015 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of Fines
5. CASE NO: CESD20140009841
OWNER: TOD FARRINGTON AND JENNIFER FARRINGTON
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A).METAL SHED IN THE BACK YARD OF IMPROVED
RESIDENTIAL PROPERTY WITH AN EXPIRED PERMIT AND WITHOUT
OBTAINING A CERTIFICATE OF COMPLETION.
FOLIO NO: 01134000001
VIOLATION ADDRESS:220 OLD TRAIN LANE,COPELAND
The Respondents were not present.
Investigator Lopez-Silvero represented the County and reported the violation was
abated two days after the deadline imposed and the Operational Costs have been paid.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
B. Motion for Continuance
10. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE VI,
CHAPTER 22, SECTION 22-241(4).BOARDING CERTIFICATE EXPIRED,
RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION ADDRESS: 5444 MARTIN STREET,NAPLES
The Respondent was not present but submitted the request in writing noting he lives out
of the area and could not be present today.
Investigator Santafemia represented the County and reported the item is not a Health,
Safety and Welfare issue and did not object to the request for a Continuance.
Special Magistrate GRANTED the Respondent's Motion for a Continuance until the
September meeting.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CESD20140021167
OWNER: ROLAND ULYSSE AND MERCILANDE ULYSSE
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June 5, 2015
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,
SECTION 10.02.06(B)(1)(A). AN ENCLOSURE ADDED TO THE REAR OF AN
EXISTING DWELLING ON IMPROVED OCCUPIED RESIDENTIAL PROPERTY
WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND
CERTIFICATE OF OCCUPANCY/COMPLETION.
FOLIO NO: 25967800661
VIOLATION ADDRESS: 14633 APALACHEE STREET,NAPLES
Investigator Lopez Silvero requested the hearing.
The Stipulation was entered into by the Roland Ulysse on May 18, 2015.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation
and ordered to:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the
case by July 5, 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
Completion/Occupancy by October 5, 2015 or a fine of$200.00 per day will be
imposed until the violation is 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 using
any method to bring the violation into compliance and may use the assistance of
the Collier County Sheriffs Office to enforce the provisions of this agreement and
all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.10
2. CASE NO: CEAU20150006578
OWNER: JAIME TRUJILLO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105 PERMITS,
SUBSECTION 105.1. A SIX FOOT WOOD FENCE INSTALLED IN THE FRONT
YARD OF UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST
OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF
COMPLETION.
FOLIO NO: 01214920755
VIOLATION ADDRESS: 48 BEAVER LANE,OCHOPEE
Investigator Lopez Silvero requested the hearing
The Stipulation was entered into by the Jaime Trujillo on May 18, 2015.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation
and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the
case by July 5, 2015.
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June 5, 2015
2. Abate all violations by obtaining all required Collier County Building Permit(s),
inspections and Certificate of Completion or must remove said
structure/improvements including materials from the property and restore to a
permitted state by July 5, 2015 or a fine of$100.00 per day will be imposed until the
violation is 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 using
any method to bring the violation into compliance and may use the assistance of
the Collier County Sheriff's Office to enforce the provisions of this agreement and
all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.25
3. CASE NO: PU5239-CEEX20150008344
OWNER: MINTO SABAL BAY LLC
OFFICER: INVESTIGATOR DUSTIN LAPOLLA
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174,SECTION(N).
A HOSE RUNNING FROM A MIXING BARREL DIRECT CONNECTED TO A
CURBSTOP,UNLAWFUL CONNECTION.
FOLIO NO: 52505020041
VIOLATION ADDRESS:6837 BEQUIA WAY,NAPLES
Investigator Lapolla requested the hearing.
The Stipulation was entered into by the Respondent's representative Wade Wilson on
June 5, 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.
2. Pay an Administrative Fee of$5.00 incurred in the prosecution of the case.
3. Pay a Civil Penalty in the amount of$5,000.00.
4. Respondent and all workers on site to participate in "tailgate"educational meetings
on June 19, July 1 and July 17, 2015.
Total Amount Due: $5,055.00
B. Hearings
3. CASE NO: CE001327-CEVFH20150009505
OWNER: RYAN JARVIS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 142,
ARTICLE II, SECTION 142-33(D).NO COLLIER COUNTY DRIVER ID.
VIOLATION ADDRESS:RITZ/TIBURON,NAPLES
Investigator Short represented the County.
County Evidence Entered: Exhibit A: 1 photo dated 5/9/15
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June 5, 2015
Ryan Jarvis was present and testified:
• He works full time as a delivery driver and part time on weekends as a limousine
driver for Diamond Limousine of North Fort Myers.
• On 5/9/15 he was directed by his company to transport clients to the Ritz Carlton
in Collier County.
• He took the engagement and did not realize, nor did his company inform him he
needed Collier County licenses to perform the work.
• After receiving the Citation he filed the necessary applications for operating in
Collier County.
• He stated his employer should have notified him and ensured he held the
necessary licenses to perform the work before dispatching him on the assignment.
Investigator Short testified on 5/9/15 he was on"prom patrol"when he approached Mr.
Jarvis and determined he did not have the proper licensing and insurance.
After hearing the testimony and reviewing the evidence, Special Magistrate Garretson
UPHELD Issuance of the Citation and ordered the Respondent to pay Operational
Costs of$50.00, a fine in the amount of$50.00 and a $5.00 Administrative Fee for a
total amount due of$105.00 by July 5, 2015.
Total Amount Due: $105.00
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CEROW20140002207
OWNER: MWJR LLC
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,
ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,
SECTION 110-31(A).NO COLLIER COUNTY PERMITS FOR CULVERT AND
CULVERT IS DAMAGED.
FOLIO NO: 00729560009
VIOLATION ADDRESS: 186 PRICE STREET,NAPLES
Martin Walsh, Managing Member,JWJR,LLC was present.
Supervisor Snow represented the County and reported the violation has been abated and
the Operational Costs have been paid.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
VII. PUBLIC HEARINGS (Continued)
B. Hearings
8. CASE NO: CEPM20140025629
OWNER: DENTON II LLC
OFFICER: INVESTIGATOR ED MORAD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(I). WINDOWS AND EXTERIOR DOORS NOT
FITTED WITHIN ITS FRAME,NOT PROVIDED WITH LOCKABLE HARDWARE,
NOT WEATHER-TIGHT AND
VIOLATION ADDRESS: 437 CARVER STREET,IMMOKALEE
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June 5, 2015
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/19/15
Investigator Morad presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 9 photos dated 1/5/15
The violation remains as of 6/5/15.
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$115.18 incurred in the prosecution of the
case by July 5, 2015.
2. Obtain all required Collier County Building Permit(s) or demolition permit,
inspections, and Certificate of Completion/Occupancy within 30 days of this
hearing or a fine of$250.00 per day will be imposed until the violation is abated.
3. Alternatively, if a boarding certificate is obtained and the structure is boarded by
June 12, 2015, then the time required to complete the repairs, inspections, and
Certificate of Completion/Occupancy will be extended to and must be completed by
December 5, 2015 or a fine of$250.00 per day will be imposed until the violation
has been 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: $115.18
13. CASE NO: CEPM20150005448
OWNER: NEAT KERKUTI
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(B). VACANT DWELLING WITH DAMAGE TO
EXTERIOR WALL.
FOLIO NO: 35761000000
VIOLATION ADDRESS:4637 18TH PL SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/22/15
Date of Hearing Notice Property/Courthouse Posting: 5/22/15
Investigator Connetta presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 3/7/15 and 5/11/15
The violation remains as of 6/5/15.
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June 5, 2015
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation
and ordered to:
1. Pay Operational Costs in the amount of$115.63 incurred in the prosecution of the
case by July 5, 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
Completion/Occupancy by July 5, 2015 or a fine of$200.00 per day will be imposed
until the violation is 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 using
any method to bring the violation into compliance and may use the assistance of
the Collier County Sheriffs Office to enforce the provisions of this agreement and
all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.63
C. Emergency Cases:
None
VIII. NEW BUSINESS (Continued)
A. Motion for Imposition of Fines:
1. CASE NO: CEPM20120008938
OWNER: MBLS VENTURES LLC
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22
BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY
MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20)AND ARTICLE VI
CHAPTER 22, SECTION 22-242.UNSECURE RESIDENTIAL STRUCTURE IN
NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,
INTERIOR WALLS,ROOF,CEILINGS,WINDOWS,DOORS,AND OTHER AREAS
THROUGHOUT STRUCTURE.
FOLIO NO: 45967680007
VIOLATION ADDRESS: 1810 19TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/20/15
The Respondents were not present.
Investigator Short presented the case noting the violation has not been abated.
Special Magistrate Order: 6/7/13
Fine Amount: $200.00/day
Duration: 1/4/15 —6/5/15 (153 days)
Total Fine Amount: $30,600.00
Unpaid Operational Costs: $115.33
Total to Date: $30,715.33
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June 5, 2015
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
$30,715.33. Said amount to become a lien on the property with fines continuing to
accrue.
4. CASE NO: CEPM20140020881
OWNER: KIMBERLY M.HARRINGTON AND JAMES W.HARRINGTON
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(C)AND SECTION 22-242. UNSECURED
VACANT DWELLING WITH ROOF DAMAGE.
FOLIO NO: 47971480000
VIOLATION ADDRESS: 1103 WISCONSIN DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/18/15
The Respondents were not present.
Investigator Connetta presented the case noting the violation has not been abated.
Special Magistrate Order: 4/3/15
Fine Amount: $250.00/day
Duration: 5/4/15 —6/5/15 (33 days)
Total Fine Amount: $8,250.00
Unpaid Operational Costs: $230.36
Total to Date: $8,480.36
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
$8,480.36. Said amount to become a lien on the property with fines continuing to
accrue.
6. CASE NO: CEPM20140024204
OWNER: RICHARD L.GOSSARD JR AND EVONNE M.ESTEP
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-242 AND 22-241(1). UNSECURED RESIDENTIAL
STRUCTURE AND BOARDING WITHOUT APPLICABLE COLLIER COUNTY
BOARDING CERTIFICATE.
FOLIO NO: 62156880002
VIOLATION ADDRESS: 5310 SHOLTZ STREET,NAPLES
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/21/15
The Respondents were not present.
Supervisor Snow presented the case noting the violation has been abated by the County.
Special Magistrate Order: 2/6/15
Fine Amount: $250.00/day
Duration: 112 days
Total Fine Amount: $28,000.00
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June 5, 2015
Unpaid Operational Costs: $230.20
Unpaid Abatement Costs: $1,510.00
Total to Date: $29,740.20
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
$29,740.20. Said amount to become a lien on the property with fines continuing to
accrue.
7. CASE NO: CEPM20140022483
OWNER: BERNARD A.LOSCHING EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,
ARTICLE VI, SECTION 22-231(15),22-231(12)(C),22-231(12)(P),AND 22-242.
VACANT UNSECURED DWELLING WITH POOL WATER VIOLATION,ROOF
DAMAGE,AND CEILING DAMAGE ON THE LANAI.
FOLIO NO: 68641040005
VIOLATION ADDRESS: 13102 POND APPLE DRIVE W,NAPLES
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/18/15
The Respondents were not present.
Investigator Connetta presented the case noting the violation has been abated by the
County.
Special Magistrate Order: 3/6/15
Fine Amount: $250.00/day
Duration: 60 days
Total Fine Amount: $15,000.00
Unpaid Operational Costs: $230.58
Unpaid Operational Costs: $2,320.20
Total to Date: $17,550.78
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
$17,550.78. Said amount to become a lien on the property with fines continuing to
accrue.
8. 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
Date of Hearing Notice by Certified Mail: 5/21/15
Date of Hearing Notice Property/Courthouse Posting: 5/20/15
The Respondents were not present.
10
June 5, 2015
Supervisor Snow presented the case noting the violation was abated but not by the
deadline imposed.
Special Magistrate Order: 5/1/15
Fine Amount: Part B: $50.00/a day and Part C: $100.00/day
Duration: Part B and Part C: 12 days
Total Fine Amount: Part A: $600.00—Part B: $1,200.00
Unpaid Operational Costs: $229.91
Total to Date: $2,029.91
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
$2,029.91. Said amount to become a lien on the property with fines continuing to
accrue.
IX. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
IX. 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.
X. REPORTS
None
XI. NEXT MEETING DATE: August 7, 2015, at 9:00 A.M. located at the Collier County
Government Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples,Florida
11
June 5, 2015
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 10:45 A.M.
COLLIER COUNTY SPECIAL
MAGISTRATE HEARING
dINC.-) OA-
ends Garre • , Special Magistrate
The Minutes were approvedhe Special Magistrate on ,)ft 1
as presented i/ , or as amended r g
12