CESM Minutes 09/04/2015 September 4, 2015
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 4, 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: September 4,2015 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—August 7,2015
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
1
B. Hearings
1. CASE NO: S0137655-CEEX20150014931
OWNER: YOLANDA DEBARTOLO
OFFICER: CORPORAL G.CAHILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FIRE LANE
VIOLATION
ADDRESS: 25000 TAMIAMI TRAIL EAST,NAPLES
2. CASE NO: 50175196-CEEX20150016388
OWNER: CHERYL TUCKER
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: KOHL'S,NAPLES
3. CASE NO: PR054524-CEEX20150014087
OWNER: GRACE V. FEECK
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
EXPIRED METER
VIOLATION
ADDRESS: GULF SHORE ACCESS,NAPLES
4. CASE NO: PR054138-CEEX20150011524
OWNER: SAM TAMBASCIO
OFFICER: PARK RANGER MAURICIO ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: COCOHATCHEE BOAT RAMP,NAPLES
5. CASE NO: CE00141l-CEVFH2O150012010
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION
ADDRESS: MERCATO,NAPLES
6. CASE NO: CE001412-CEVFH20150012012
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(D)
NO DRIVER ID.
VIOLATION
ADDRESS: MERCATO,NAPLES
2
7. CASE NO: CE001413-CEVFH20150012013
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(B)
INSURANCE VIOLATION.
VIOLATION
ADDRESS: MERCATO,NAPLES
8. CASE NO: CE001387-CEVFH2O150013924
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(C)
NO CERTIFICATE TO OPERATE.
VIOLATION
ADDRESS: MERCATO,NAPLES
9. CASE NO: CE001388-CEVFH20150013927
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(D)
NO DRIVER ID.
VIOLATION
ADDRESS: MERCATO,NAPLES
10. CASE NO: CE001389-CEVFH2O150013934
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(B)
INSURANCE VIOLATION.
VIOLATION
ADDRESS: MERCATO,NAPLES
11. 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
12. CASE NO: CEV20150009136
OWNER: RANDY A.SHELTON
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-97(2)AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED,SECTION 4.05.03(A). TOW TRUCK BEING WORKED ON AND PARKED ON
RESIDENTIAL PROPERTY AND PARKING VEHICLES ON THE GRASS.
FOLIO NO: 35642920005
VIOLATION
ADDRESS: 2200 42ND STREET SW,NAPLES
3
13. CASE NO: CEAU20140025143
OWNER: 2825 DAV LLC
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER (,SCOPE AND ADMINISTRATION,PART 1
SCOPE AND APPLICATION,SECTION 105 PERMITS, 105.1 REQUIRED. A SECTION OF
FENCE INSTALLED WITHOUT REQUIRED COLLIER COUNTY PERMITS,
INSPECTIONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY.
FOLIO NO: 61833480001
VIOLATION
ADDRESS: 2825 DAVIS BLVD,NAPLES
14. CASE NO: CENA20150010157
OWNER: CLAUDIUS KNOWLES AND LORNA KNOWLES
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181 AND CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-97(3). LITTER/DEBRIS SCATTERED THROUGHOUT THE PROPERTY
CONSISTING OF PLASTIC BOTTLES,CANS,PAPER GOODS,ETC.A TRAILER IN THE
FRONT YARD WITH LITTER/DEBRIS BEING STORED.
FOLIO NO: 34640040001
VIOLATION
ADDRESS: 4609 19TH PLACE SW,NAPLES
15. CASE NO: CENA20150015570
OWNER: IRIS M.PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT,
ARTICLE VI,WEEDS,LITTER,AND EXOTICS,SECTION 54-181. UNAUTHORIZED
ACCUMULATION OF LITTER.
FOLIO NO: 63505080009
VIOLATION
ADDRESS: 3612 CROTON ROAD,NAPLES
16. CASE NO: CENA20150010711
OWNER: HACKBERRY CORP
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY
INCLUDING CANAL EMBANKMENT.
FOLIO NO: 35830041000
VIOLATION
ADDRESS: 4110 16TH PLACE SW,4120 16TH PLACE SW,4130 16TH PLACE SW,NAPLES
17. CASE NO: CEPM20150012108
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (19). BEES SWARMING IN AND OUT OF THE LATTICE WORK ON THE
LEFT SIDE OF THE HOME AND UNDERNEATH THE HOME ON THE SAME SIDE.
FOLIO NO: 734280002
VIOLATION
ADDRESS: 1227 SKYLINE DRIVE,NAPLES
4
18. CASE NO: CESD20150009014
OWNER: EVELYN FAYE THOMPSON
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E). SCREEN PORCH/ADDITION BUILT WITHOUT
OBTAINING PROPER COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 35764320004
VIOLATION
ADDRESS: 1773 43RD TERRACE SW,NAPLES
19. CASE NO: CEV20150012175
OWNER: ANTONIO FERREIRA AND THERESA FERREIRA
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. VEHICLE WITH EXPIRED TAGS PARKED ON THE GRASS.
FOLIO NO: 36315720007
VIOLATION
ADDRESS: 5124 24TH AVENUE SW,NAPLES
20. CASE NO: CEPM20150010315
OWNER: KIMBERLY L.BERES AND JOSEPH J. BERES
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242. REAR DOOR IS OPEN AND HOUSE IS UNSECURED.
FOLIO NO: 35641120000
VIOLATION
ADDRESS: 4148 23RD PLACE SW,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEEX20140025037
OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721
OFFICER: FIRE INSPECTOR SHAR HINGSON
VIOLATIONS: FLORIDA FIRE PREVENTION CODE,NFPA 101,CHAPTER 13.3.4.1.1, NO FIRE ALARM
SYSTEM EXISTS IN THIS OCCUPANCY WHICH IS REQUIRED BY CODE.
FOLIO NO: 37930400002
VIOLATION
ADDRESS: 800 NEFF'S WAY,NAPLES
5
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: October 2, 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
September 4, 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 AM. 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: 9:25 am
Reconvened: 9:52 am
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda item
numbers):
Under item V.B —Hearings, the following case was moved to V.0 —Motion for Continuance:
• #5 -CASE NO: CE001411-CEVFH2O150012010-EDMUND DISTEFANO
• #6-CASE NO: CE001411-CEVFH2O150012012-EDMUND DISTEFANO
• #7-CASE NO: CE001411-CEVFH2O150012013-EDMUND DISTEFANO
Under item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #14-CASE NO: CENA20150010157-CLAUDIUS KNOWLES AND LORNA KNOWLES
Under item V.B—Hearings, the following cases were withdrawn:
• #3 - CASE NO: PR054524-CEEX20150014087- GRACE V.FEECK
• #4- CASE NO: PR054138-CEEX20150011524-SAM TAMBASCIO
• #13 -CASE NO: CEAU20140025143-2825 DAV LLC
• #17-CASE NO: CEPM20150012108-FEDERAL NATIONAL MORTGAGE ASSN
• #18-CASE NO: CESD20150009014- EVELYN FAYE THOMPSON
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—August 7,2015
The minutes of the August 7, 2015 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEEX20140025037
OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721
OFFICER: FIRE INSPECTOR SHAR HINGSON
VIOLATIONS: FLORIDA FIRE PREVENTION CODE,NFPA 101,CHAPTER 13.3.4.1.1. NO FIRE ALARM
SYSTEM EXISTS IN THIS OCCUPANCY WHICH IS REQUIRED BY CODE.
FOLIO NO: 37930400002
VIOLATION ADDRESS: 800 NEFF'S WAY,NAPLES
2
September 4, 2015
Michael Beal represented the Respondent who submitted the request for a continuance in
writing.
Shar Hingson, Greater Naples Fire District had no objection to the request as the violation is
nearly abated with no Health, Safety and Welfare issues at this time.
The Special Magistrate GRANTED the Respondents MOTION FOR A CONTINUANCE and
stated the County only had to return the case if there is a need to do so.
V. MOTIONS
A. Motion for Continuance
1. CASE NO: CE001411-CEVFH20150012010
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS:MERCATO,NAPLES
Cases #1, 2 and 3 were combined.
2. CASE NO: CE001412-CEVFH2O150012012
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D)
NO DRIVER ID.
VIOLATION ADDRESS:MERCATO,NAPLES
3. CASE NO: CE001413-CEVFH2O150012013
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B)
INSURANCE VIOLATION.
VIOLATION ADDRESS:MERCATO,NAPLES
The Respondent was not present but submitted the request in writing noting he has previously
made travel plans the date of the hearing.
Investigator Musse represented the County reporting the Respondent requested a Continuance
at the last meeting citing work related issues. He objected Continuing the Case to a later date.
Special Magistrate Garretson DENIED the Respondent's Motion for a Continuance.
Special Magistrate Garretson notified Code Enforcement Staff to ascertain proof of travel
plans when a Motion for a Continuance, etc. is requested due to travel reasons.
B. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CENA20150010157
OWNER: CLAUDIUS KNOWLES AND LORNA KNOWLES
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
3
September 4, 2015
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181 AND CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-97(3). LITTER/DEBRIS SCATTERED THROUGHOUT THE PROPERTY
CONSISTING OF PLASTIC BOTTLES,CANS,PAPER GOODS,ETC.A TRAILER IN THE
FRONT YARD WITH LITTER/DEBRIS BEING STORED.
FOLIO NO: 34640040001
VIOLATION ADDRESS:4609 19TH PLACE SW,NAPLES
Investigator Davidson requested the Hearing.
The Stipulation was entered into by the Lorna Knowles on September, 4, 2015.
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
January 4, 2016.
2 Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store items in a completely enclosed structure by September 11, 2015 or a
fine of$100.00 per day fine will be imposed until the violation is abated and store
commercial vehicle/equipment in rear yard and conceal from view, or store within a
completely enclosed structure, or remove from residentially zoned property by September
11, 2015 or a fine of$100.00 per day fine 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.
4. 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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.18
V. PUBLIC HEARINGS (Continued)
B. Hearings
11.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
Investigator Ambach represented the County.
County Evidence Entered: Exhibit#1 — 1 photo dated 3/31/15
Exhibit#2— 1 photo dated 9/3/15
Billy Johnson and Diane Johnson were present.
Investigator Ambach testified:
• On 9/11/14, the Respondent's 2nd Boarding Certificate expired without the violation
being abated and a new Certificate was issued.
• On 3/15/15, the 3rd Boarding Certificate expired without the violation being abated.
• On 6/5/15, the Respondent was Granted a Continuance in the case.
4
September 4, 2015
• Issuance of another Boarding Certificate, Extension, etc. must be granted by the Special
Magistrate.
Mr. Johnson testified he cannot abate the violation this point due to health(recent back surgery
and another one scheduled) and financial reasons. His intent is for his grandchildren to
eventually take ownership of the premise. The building was vacant and secure, however
someone smashed the windows, which led to the boarding action.
Investigator Ambach reported the premise is secure at this point with no Health, Safety and
Welfare issues.
Special Magistrate Garretson granted Respondent a Continuance to a later date and
authorized the county to issue a boarding certificate to be valid until September 4, 2016, and
advised Investigative Officers to monitor the property to determine any changes in its condition
that may need to be addressed.
1. CASE NO: S0137655-CEEX20150014931
OWNER: YOLANDA DEBARTOLO
OFFICER: CORPORAL G. CAHILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FIRE LANE
VIOLATION ADDRESS:25000 TAMIAMI TRAIL EAST,NAPLES
Deputy Cahill was present.
Evidence Entered: Composite Exhibit A: 4 photos dated 6/28/15
Yolanda Debartolo was present.
Evidence Entered: Exhibit A: 1 photo depicting sign placement
Ms. Debartolo testified:
• On June 28, 2015 her fiancé borrowed her vehicle and was getting groceries at the store.
• He parked in an area that was not designated as a fire lane until a year ago.
• The few spaces in front of the store are generally encumbered continually for significant
portions of the year by the same vehicles which are rarely moved.
• The vehicles in question are properly registered and cannot be removed without the
owners consent.
• This activity creates an environment where there is no place for the public or patrons to
park in the area short term while utilizing the establishment (except in areas designated as
"fire lane.").
• The signage placed notifying the public on the restrictions for parking in this area are not
installed in accordance with Section 8.55 (Section 8.55.050—Marking - Federal Way
Revised Code) which requires the signs to face the traffic flow of the traveled lanes, not
parallel to the street as shown in her Exhibit.
Deputy Cahill testified:
• On June 28, 2015 he was on routine patrol when he observed a vehicle parked in a clearly
identified"fire lane."
• He waited approximately 15 minutes for the driver who did not appear at the scene.
• Accordingly he issued a citation.
5
September 4, 2015
• He learned that Management representatives responsible for the area authorized the
declaration of the fire lane and the curbing was painted yellow and signage placed with
guidance from Ochopee Fire Control and Rescue District Chief Alan McLaughlin.
Ms. Debartolo testified she is President of the area Association(i.e. HOA/COA) and is unaware
of any permission granted for an alteration of this nature to the common elements.
Special Magistrate Garretson noted the area is clearly marked with signs and yellow painted
curbing and there are properly marked parking spaces in the area intended for public use.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence,
UPHELD issuance of the Citation and ordered the Respondent to pay a $30.00 fine, $50.00 in
Operational Costs and a $5.00 Administrative Fee for a total amount due of$85.00 by October
4, 2015.
Total Amount Due: $85.00
2. CASE NO: 50175196-CEEX20150016388
OWNER: CHERYL TUCKER
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS:KOHL'S,NAPLES
Deputy Hill was present.
Cheryl Tucker was present and testified:
• On August 9, 2015, she parked in a handicap space with her husband's vehicle which has
a"handicap license plate."
• She,her husband and daughter were shopping the time the incident occurred.
• After finishing shopping, her husband waited by the store entrance while she retrieved the
vehicle.
• Deputy Hill saw her in the space and approached her and asked her if the vehicle was
hers.
• She stated"no", and got into a verbal altercation with the Officer who eventually issued
the Citation.
Deputy Hill testified he was on routine patrol and when he noticed the vehicle parked in a
handicap space and approached Ms. Tucker and asked if she was the owner of the vehicle. She
stated "no" and became belligerent. Mr. Tucker was not present at the vehicle and Ms. Tucker
did not indicate Mr. Tucker was on site. Ms. Tucker was uncooperative in addressing the
situation and accordingly he issued the Citation.
Anton Tucker testified he was on site, awaiting pick up by his wife by the entrance to the store.
After hearing the testimony, Special Magistrate Garretson DISMISSED issuance of the
Citation.
8. CASE NO: CE001387-CEVFH2O150013924
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO CERTIFICATE TO OPERATE.
VIOLATION ADDRESS:MERCATO,NAPLES
6
September 4, 2015
Cases 8, 9 and 10 were combined
9. CASE NO: CE001388-CEVFH20150013927
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D)
NO DRIVER ID.
VIOLATION ADDRESS:MERCATO,NAPLES
10. CASE NO: CE001389-CEVFH20150013934
OWNER: CRAIG WOLFSFELD
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B)
INSURANCE VIOLATION.
VIOLATION ADDRESS:MERCATO,NAPLES
Mr. Wolfsfeld requested a Continuance in the case as he had meeting scheduled today with
school officials for his special needs child. He has not had time to prepare for the case. When he
attempted to file the motion on August 31, 2015, it was too late and he was instructed to appear
in person and request the Continuance.
Investigator Short represented the County and had no objection to the request.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance and
continued the case until the November 6, 2015 hearing date.
15. CASE NO: CENA20150015570
OWNER: IRIS M.PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI,WEEDS,LITTER,AND EXOTICS, SECTION 54-181. UNAUTHORIZED
ACCUMULATION OF LITTER.
FOLIO NO: 63505080009
VIOLATION ADDRESS:3612 CROTON ROAD,NAPLES
Investigator Ford and Supervisor Letourneau represented the County.
Charles B. Riddle,the Respondent's son was present and stated he did not own the property but
has resided on the premise for 30 years.
Break: 11:32 am
Reconvened 12:10 pm
Date of Hearing Notice by Certified Mail: 8/19/15
Date of Hearing Notice Property/Courthouse Posting: 8/17/15
County Evidence Entered: Composite Exhibit A: 3 photos dated 8/3/15
Exhibit B: 1 photo dated 9/3/15.
Supervisor Letourneau reported the property is subject to repeat violations (3/22/12, 6/13/13,
3/12/14) and a complaint was received from the Waste Management Division that they attempted
to pick up debris but were denied by an individual on site.
Mr. Riddle reported the property willed to him by his mother but has not had the finances to
have the property deeded to him. The debris is the result of other family members' activities and
7
September 4, 2015
each time he abates a violation, more debris appears on site without his approval. They are in
process of abating the violation.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.40 incurred in the prosecution of the case by
January 4, 2016.
2 Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store items in a completely enclosed structure by September 11, 2015 or a
fine of$100.00 per day fine 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.
4. 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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.40
16. CASE NO: CENA20150010711
OWNER: HACKBERRY CORP
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY
INCLUDING CANAL EMBANKMENT.
FOLIO NO: 35830041000
VIOLATION ADDRESS:4110 16TH PLACE SW,4120 16TH PLACE SW,4130 16TH PLACE SW,NAPLES
Date of Hearing Notice by Certified Mail: 8/19/15
Date of Hearing Notice Property/Courthouse Posting: 8/20/15
Investigator Davidson represented the County.
County Evidence Entered: Composite Exhibit A: 4 photos dated 5/29/15
Composite Exhibit B: 2 photos dated 6/30/15
Exhibit C: 1 photo dated 9/3/15
Spiro Turaku, Property Manager represented the Respondent and testified:
• A tenant on site is charged with policing the apartment complex for refuse and removing
it as necessary, however at times it becomes overwhelming due to the activities of those
not related to the complex.
• Most of the debris along the canal bank is a result of trespassers and the Sheriff's
Department has been notified.
• The onsite debris is primarily due to persons who reside outside the complex dumping
garbage, furniture etc. on site in an unauthorized manner.
• He works on ensuring violations do not occur, but it is difficult given the ongoing
unauthorized activities of outside parties.
Investigator Davidson recommended the owner pursue a trespassing agreement with the Collier
County Sheriff's Office to aid in addressing the issue.
8
September 4, 2015
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
October 4, 2015.
2 Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store items in a completely enclosed structure by September 11, 2015 or a
fine of$100.00 per day fine 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.
4. 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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.55
5. CASE NO: CE001411-CEVFH2O150012010
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C)
NO LICENSE TO OPERATE.
VIOLATION ADDRESS:MERCATO,NAPLES
Cases 5, 6 and 7 were combined.
6. CASE NO: CE001412-CEVFH2O150012012
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D)
NO DRIVER ID.
VIOLATION ADDRESS:MERCATO,NAPLES
7. CASE NO: CE001413-CEVFH2O150012013
OWNER: EDMUND DISTEFANO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B)
INSURANCE VIOLATION.
VIOLATION ADDRESS:MERCATO,NAPLES
Date of Hearing Notice by Certified Mail: 8/19/15
Investigator Musse represented the County.
County Evidence Entered: Exhibit 1: Email from the Respondent dated 7/1715 verifying he is
a Uber driver.
The Respondent was not present.
Investigator Musse testified:
• On June 13, 2015, Investigator Davidson observed Mr. Distefano discharge
passengers at Mercato.
• She approached Mr. Distefano and noticed the Uber app open on his phone.
9
September 4, 2015
• She queried if he was a"Uber driver" and Mr. Distefano responded"no"but then
later admitted he was a Uber driver.
• Accordingly the citations were issued as he did not have the proper County licenses
for operating a Vehicle For Hire.
• Exhibit 1 submitted by the Respondent indicates he was an Uber driver at the time of
the incident.
Special Magistrate Garretson recommended the Respondent obtain the proper licensing for
operating a vehicle for hire in Collier County if wishes to do business in this jurisdiction.
Case #5
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay a fine of$1,000.00, Operational Costs of$50.00 and an Administrative Fee of$5.00
for a total amount due by November 4, 2015 of$1,055.00.
Case #6
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay a fine of$500.00, Operational Costs of$50.00 and an Administrative Fee of$5.00 for
a total amount due by November 4, 2015 of$555.00.
Case#7
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay a fine of$1,000.00, Operational Costs of$50.00 and an Administrative Fee of$5.00
for a total amount due by November 4, 2015 of$1,055.00.
Total Amount Due: $2,665.00
12. CASE NO: CEV20150009136
OWNER: RANDY A. SHELTON
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130,
SECTION 130-97(2)AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED, SECTION 4.05.03(A). TOW TRUCK BEING WORKED ON AND PARKED ON
RESIDENTIAL PROPERTY AND PARKING VEHICLES ON THE GRASS.
FOLIO NO: 35642920005
VIOLATION ADDRESS:2200 42ND STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 8/19/15
Date of Hearing Notice Property/Courthouse Posting: 8/20/15
Investigator Davidson presented the case noting the violations were abated as of 9/3/15
however wish to proceed with the case given it is a reoccuring violation.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos dated 5/16/15
Exhbiti B: 1 photo dated 6/17/15
Exhibit C: 1 photo dated 8/15/15
Exhibit D: 1 photo dated 9/3/15
10
September 4, 2015
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case by
October 4, 2015.
2. Abate all violations by storing commercial vehicles/equipment in rear yard and conceal
from view or store commercial vehicles/equipment in enclosed structure, or remove
offending vehicles from residentially zoned property by September 11, 2015 or a fine of
$50.00 per day will be imposed until the violation has been abated.
3. Limit designated parking to stabilized subsurface base or plastic grid stabilization system
covered by surface areas made of concrete crushed stone, crushed shell, asphalt,pavers or
turf parking systems specifically designated for parking automobiles and must limit
designated parking areas to 40% of the required front yard or no less than a 20 foot wide
driveway by September 11, 2015 or a fine of$50.00 per day fine 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. 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.
4. 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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.33
19. CASE NO: CEV20150012175
OWNER: ANTONIO FERREIRA AND THERESA FERREIRA
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. VEHICLE WITH EXPIRED TAGS PARKED ON THE GRASS.
FOLIO NO: 36315720007
VIOLATION ADDRESS:5124 24TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 8/19/15
Date of Hearing Notice Property/Courthouse Posting: 8/20/15
Investigator Musse presented the case noting Erubiel Santiago is the owner of the vehicles in
question.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 6/12/15
Exhbiti B: 1 photo dated 9/3/15
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
October 4, 2015.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
or store within the confines of a completely enclosed structure, or remove offending
vehicles from residentially zoned property by September 11, 2015 or a fine of$50.00 per
day will be imposed until the violation has been abated and abate all violations by limiting
designated parking to stabilized subsurface base or plastic grid stabilization system covered
by surface areas made of concrete crushed stone, crushed shell, asphalt,pavers or turf
11
September 4, 2015
parking systems specifically designated for parking automobiles and must limit designated
parking areas to 40% of the required front yard or no less than a 20 foot wide driveway by
September 11, 2015 or a fine of$50.00 per day fine will be assessed for each day that the
violation continues.
3. Notify Code Enforcement within 24 hours of abatement of the violation and request the
Investigator perform a site inspection to confirm compliance. 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.
4. 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 this
agreement and all costs of abatement shall be assessed to the property owner.
Total Amount Due: $115.25
20. CASE NO: CEPM20150010315
OWNER: KIMBERLY L.BERES AND JOSEPH J.BERES
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242. REAR DOOR IS OPEN AND HOUSE IS UNSECURED.
FOLIO NO: 35641120000
VIOLATION ADDRESS:4148 23'PLACE SW,NAPLES
Date of Hearing Notice by Certified Mail: 8/19/15
Date of Hearing Notice Property/Courthouse Posting: 8/20/15
Investigator Davidson presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 5/21/15
The violation remains as of 9/3/15.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$115.10 incurred by Code Enforcement during the
prosecution of the case on or before October 4, 2015.
2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections,
and Certificate of Completion/Occupancy within October 4, 2015 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
September 11, 2015, then the time required to complete the repairs, inspections, and
Certificate of Completion/Occupancy will be extended to March 4, 2016 or a fine of
$250.00 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.
12
September 4, 2015
Total Amount Due: $115.10
C. Emergency Cases:
None
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.
Granted
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
None
IX. REPORTS
None
X. NEXT MEETING DATE: October 2, 2015, at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:20 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Br. da Garret • .,Special Magistrate
The Minutes were approved by the Special Magistrate on C -b ,(a t go t S , as presented V, or
as amended
13