CESM Minutes 01/15/2016 January 15, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 15, 2016
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
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: January 15,2016 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
H. APPROVAL OF AGENDA
HI. APPROVAL OF MINUTES—December 4,2015
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
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B. Hearings
1. CASE NO: S0179635-CEEX20150023134
OWNER: SIDNEY SAPAKIE
OFFICER: DEPUTY LEACH
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: HOLLYWOOD 20,NAPLES
2. CASE NO: S0157421-CEEX20150022106
OWNER: ALAN SCHIFFEREN
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,STRIPED AREA
VIOLATION
ADDRESS: COSTCO,NAPLES
3. CASE NO: 50182017-CEEX20150023317
OWNER: LORENZO ZECCHINI
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
EXPIRED METER
VIOLATION
ADDRESS: METERS ON VANDERBILT,NAPLES
4. CASE NO: PR054960-CEEX20150023446
OWNER: MICHAEL BONNER
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO PROPERLY DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: BAYVIEW PARK,NAPLES
5. CASE NO: PR055110-CEEX20150023923
OWNER: MIDALIS BLANCO AND RICHARD SIERRA
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO PROPERLY DISPLAY A CURRENT LAUNCH FEE RECEIPT,DATE/TIME
NOT VISIBLE.
VIOLATION
ADDRESS: BAYVIEW PARK,NAPLES
6. CASE NO: PR055097-CEEX20150024122
OWNER: GARY FRY
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: CLAM PASS PARK,NAPLES
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7. CASE NO: PU4723-CEEX20I 50023487
OWNER: D R HORTON INC.
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-174,SECTION(NXQ).
GRAY PLASTIC HOSE BIB CONNECTED TO CURBSTOP WITHOUT A METER AND RPZ.
FOLIO NO: 59840000363
VIOLATION
ADDRESS: NO SITE ADDRESS,NAPLES
8. CASE NO: PU4849-CEEX20150023536
OWNER: D R HORTON INC.
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62,SECTION 1.9. ILLEGAL
TAMPERING WITH COUNTY DISTRIBUTION SYSTEM BY TURNING BACK SECTION
OF RPZ DEVICE AND PUTTING COUNTY WATER SYSTEM AT RISK.
FOLIO NO: 78536000386
VIOLATION
ADDRESS: 14351 TUSCANY POINTE TRL,NAPLES
9. CASE NO: PU5206-CEEX20150023540
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR NATALIE SMITH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62,SECTION 1.9. THE
BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED.
FOLIO NO: 53264301563
VIOLATION
ADDRESS: 9476 CARMINI CT,NAPLES
10. CASE NO: PU5278-CEEX20150023543
OWNER: MINTO SABAL BAY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62,SECTION 1.9.THE
BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED, ILLEGAL
TAMPERING.
FOLIO NO: 52505039207
VIOLATION
ADDRESS: 7193 DOMINICA DR,NAPLES
11. CASE NO: DAS19149-CEEX20150023904
OWNER: ADRIAN BETANCOURT
OFFICER: A.RIVERA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,SECTION 14-34(1)(B).
RUNNING AT LARGE.
VIOLATION
ADDRESS: 12405 COLLIER BLVD,NAPLES
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12. CASE NO: CEPM20150019660
OWNER: LESLIE J. HARVEY AND LOIS R.HARVEY
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I)AND 22-242. UNSECURED VACANT DWELLING WITH BROKEN
WINDOW.
FOLIO NO: 35647520002
VIOLATION
ADDRESS: 4311 GOLDEN GATE PARKWAY,NAPLES
13. CASE NO: CEROW20150019121
OWNER: O'CONNELL J.BENJAMIN AND DAUGHN BENJAMIN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II,CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION I
GENERALLY,SECTION 110-30. DAMAGED DRIVEWAY APRON AND CULVERT PIPE.
FOLIO NO: 67184720003
VIOLATION
ADDRESS: 86 RIDGE DRIVE,NAPLES
14. CASE NO: CEPM20150019817
OWNER: GLORIA ANZUALDA
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)N). FENCE IN NEED OF REPAIR.
FOLIO NO: 63860120002
VIOLATION
ADDRESS: 302 WASHINGTON AVENUE,IMMOKALEE
15. CASE NO: CEV20150019456
OWNER: YOLANDE CEUS
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: 45903880007
VIOLATION
ADDRESS: 971 21ST STREET SW,NAPLES
16. CASE NO: CENA20150023115
OWNER: YVETTE TUCCI
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS THAT EXCEED 18 INCHES.
FOLIO NO: 53751680001
VIOLATION
ADDRESS: 4410 LAKEWOOD BLVD,NAPLES
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C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20150015570
OWNER: IRIS M.PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER,
FOLIO NO: 63505080009
VIOLATION
ADDRESS: 3612 CROTON ROAD,NAPLES
2. CASE NO: CEPM20150001679
OWNER: ANA ELIAS
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(M),(12)(B),(12)(P),(12)(C),AND(12)(1). SEVERAL PROPERTY
MAINTENANCE ISSUES CONSISTING OF BUT NOT LIMITED TO:
DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS,EXTERIOR WALLS,
INTERIOR WALLS,WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON
RESIDENTIAL PROPERTY.
FOLIO NO: 00129200008
VIOLATION
ADDRESS: 2707 IMMOKALEE DRIVE, IMMOKALEE
3. CASE NO: CEPM20150013201
OWNER: ARLP TRUST 4
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(I)AND 22-228(1). BOARDED WINDOW AND GARAGE DOOR IN
DISREPAIR.
FOLIO NO: 68042760007
VIOLATION
ADDRESS: 3046 POINCIANA DRIVE,NAPLES
4. CASE NO: CENA20150015866
OWNER: BENNETT JOHNSTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO:OLD BIKES,
CONTAINERS,WASHER,OLD WATER SOFTENER,MICROWAVE,GLASS,PLASTICS,
METALS,ETC.
FOLIO NO: 36238240004
VIOLATION
ADDRESS: 5203 HUNTER BLVD,NAPLES
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5. CASE NO: CENA20150015358
OWNER: SALVADOR CHAIREZ AND MARIA M.CHAIREZ
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181. LITTER AND DEBRIS CONSISTING OF WOOD,TIRES,
PLASTIC,ETC,LOCATED THROUGHOUT THE PROPERTY.
FOLIO NO: 39205200003
VIOLATION
ADDRESS: 710 12TH STREET SE,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.
None
IX. REPORTS
X. NEXT MEETING DATE: February 5, 2016,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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January 15, 2016
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: 9:32 a.m.
Reconvened: 9:50 a.m.
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:
• #13 - CASE NO: CEROW20150019121 -O'CONNELL J. BENJAMIN& DAUGHN BENJAMIN
• #15 -CASE NO: CEV20150019456-YOLANDE CEUS
Under item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #7 -CASE NO: PU4723-CEEX20150023487-D R HORTON INC.
• #8 -CASE NO: PU4849-CEEX20150023536-D R HORTON INC
• #10-CASE NO: PU5278-CEEX20150023543-MINTO SABAL BAY LLC
Under item V.B —Hearings, the following cases were withdrawn:
• #2 -CASE NO: S0157421-CEEX20150022106-ALAN SCHIFFEREN
• #3 -CASE NO: S0182017-CEEX20150023317-LORENZO ZECCHINI
• #4-CASE NO: PR054960-CEEX20150023446-MICHAEL BONNER
• #5 -CASE NO: PR055110-CEEX20150023923 -MIDALIS BLANCO AND RICHARD SIERRA
• #9-CASE NO: PU5206-CEEX20150023540- LENNAR HOMES LLC
• #12 -CASE NO: CEPM20150019660-LESLIE J.HARVEY AND LOIS R.HARVEY
• #14 - CASE NO: CEPM20150019817-GLORIA ANZUALDA
• #16 -CASE NO: CENA20150023115-YVETTE TUCCI
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—December 4, 2015
The minutes of the December 4, 2015 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Continuance
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January 15, 2016
1. CASE NO: CEROW20150019121
OWNER: O'CONNELL J.BENJAMIN AND DAUGHN BENJAMIN
OFFICER: INVESTIGATOR JONATHAN MUSSE
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. DAMAGED DRIVEWAY APRON
AND CULVERT PIPE.
FOLIO NO: 67184720003
VIOLATION ADDRESS: 86 RIDGE DRIVE,NAPLES
The Respondent was not present but submitted the request in writing.
Investigator Musse represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED a CONTINUANCE in the case until March 15,
2015.
2. CASE NO: CEV20150019456
OWNER: YOLANDE CEUS
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: 45903880007
VIOLATION ADDRESS: 971 21ST STREET SW,NAPLES
The Respondent was not present but submitted the request in writing requesting a 180 day
continuance noting he was waiting for his tax refund to repair the vehicles.
Investigator Asaro represented the County and reported that there are 3 vehicles involved in the
violation.
Special Magistrate Garretson GRANTED a CONTINUANCE in the case until February 5,
2016.
B. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: PU4723-CEEX20150023487
OWNER: D R HORTON INC.
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-174, SECTION
(N)(Q). GRAY PLASTIC HOSE BIB CONNECTED TO CURBSTOP WITHOUT A
METER AND RPZ.
FOLIO NO: 59840000363
VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES
Investigator Andresky requested the hearing.
The Stipulation was entered into by the Respondent's representative Joe Marmolejos on January
15, 2016.
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January 15, 2016
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 processing of this case.
3. Pay Civil Penalty of 2,500.00
4. Total Charges are $2,555.00 due by February 15, 2016.
Total Amount Due: $2,555.00
2. CASE NO: PU4849-CEEX20150023536
OWNER: D R HORTON INC.
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62, SECTION 1.9.
ILLEGAL TAMPERING WITH COUNTY DISTRIBUTION SYSTEM BY TURNING
BACK SECTION OF RPZ DEVICE AND PUTTING COUNTY WATER SYSTEM AT
RISK.
FOLIO NO: 78536000386
VIOLATION ADDRESS: 14351 TUSCANY POINTE TRL,NAPLES
Investigator Phillips requested the hearing.
The Stipulation was entered into by the Respondent's representative Joe Marmolejos on January
15, 2016.
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 processing of this case.
3. Pay Civil Penalty of 2,500.00
4. Total Charges are $2,555.00 due by February 15, 2016.
Total Amount Due: $2,555.00
3. CASE NO: PU5278-CEEX20150023543
OWNER: MINTO SABAL BAY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62, SECTION 1.9.
THE BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED,
ILLEGAL TAMPERING.
FOLIO NO: 52505039207
VIOLATION ADDRESS: 7193 DOMINICA DR,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Jessica Evenbaum on
January 15, 2016.
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 processing of this case.
3. Pay Civil Penalty of$500.00.
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January 15, 2016
4. Total Charges are $555.00 due by February 15, 2016.
Total Amount Due: $555.00
B. Hearings
1. CASE NO: 50179635-CEEX20150023134
OWNER: SIDNEY SAPAKIE
OFFICER: DEPUTY LEACH
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS: HOLLYWOOD 20, NAPLES
Deputy Leach was present.
County Evidence Entered: Composite Exhibit A: 2 photos depicting the violation.
Sidney Sapakie was present and testified:
• He is in possession of a legally issued parking placard to occupy spaces reserved for
handicapped persons.
• On 11/23/15, he entered the parking lot at Hollywood 20 Naples and located a parking
space reserved for handicapped patrons.
• When he approached the space, he noticed the concrete parking bumper was out of
position and perpendicular in the parking space.
• He could not pull into the space for fear of damaging the under carriage of his vehicle, so
he parked adjacent to the encumbered space, partially in the zone reserved for access in
and out of handicapped vehicles.
• He was unaware parking in this portion of the space was prohibited by law.
• He provided a photo (Exhibit A) depicting the parking bumper in the middle of the space.
Deputy Leach testified that on the day of the incident he was on routine patrol when he
observed the car in question parked between two handicapped parking spaces on the area
designated for occupant access to the vehicle. Accordingly he issued the citation.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
DISMISSED the CITATION as the property owner has failed to adequately maintain the
parking space for use by handicapped individuals.
6. CASE NO: PR055097-CEEX20150024122
OWNER: GARY FRY
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS: CLAM PASS PARK,NAPLES
Ranger Maunz was present.
Gary Fry was present and testified:
• On the day of the incident he obtained a parking ticket by paying cash and displayed the
receipt on his dashboard.
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January 15, 2016
• When he removed items from the back of his vehicle via the hatchback he speculates the
wind blew the ticket onto the floor of the vehicle as when he returned from the beach he
saw the Citation and found the receipt on the driver's side floor of his vehicle.
• When he contacted County Staff, they notified him as he paid in cash, there was no way
to verify he paid the necessary parking fee (unlike payment by credit card).
• Sally Fry, his wife stated Mr. Fry's testimony was an accurate account of the events that
day.
Ranger Maunz testified that he inspected the vehicle the day in question and did not see a
receipt on the dashboard of the car. Accordingly he issued a Citation as the Ordinance requires
the receipt be displayed on the dashboard. He did not inspect the floor of the vehicle for the
receipt.
Special Magistrate Garretson, after hearing the testimony DISMISSED the CITATION.
11. CASE NO: DAS19149-CEEX20150023904
OWNER: ADRIAN BETANCOURT
OFFICER: A. RIVERA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 14-34(1)(B).
RUNNING AT LARGE
VIOLATION ADDRESS: 12405 COLLIER BLVD,NAPLES
Officer Rivera was present.
Adrian Betancourt was present.
Oded Mendez was present and stated she was aware the events regarding the dog and would like
to testify on his behalf in the case.
Ms. Mendez testified:
• On 12/7/15, their German Shepherd was running at large.
• The dog is "crazy" and hard to control, however they have a 6 foot high fence in the yard,
and utilized a shocker collar system, however the dog still manages to escape as the fence
and the collar does not restrict this activity.
• One issue is the neighbors feed the dog which tempts him to run at large.
• Subsequent to this event, approximately 3 weeks ago they ascertained a large cage and
the dog, an outside dog has been restricted to the area, but does have area to move freely
within the confines.
• Since the cage was installed, the dog has not run at large.
Officer Rivera testified:
• On 12/10/15 a Citation was issued as the dog found running at large by the Collier
County Sheriff's Office on 12/7/15.
• This was the fourth time the Sheriff's Department has found the dog running at large.
• On 12/20/15 the dog was again picked up for running at large, and another Citation was
issued with a case pending.
Ms. Mendez testified:
• On 12/20/15 the dog did break through the screen during the night and they tried to locate
the dog in the early morning hours but could not find him.
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January 15, 2016
• Since the new cage was installed following this incident, the dog has not run at large.
• The cost of the cage was approximately $600.
Special Magistrate Garretson noted that the cage appears to have resolved the issue with the
maximum fine that may be imposed being $500.00.
Special Magistrate Garretson, after hearing the testimony UPHELD the CITATION and
ordered the Respondent to pay a $150.00 Fine, $50.00 in Operational Costs and a $5.00
Administrative Fee for a total due of$205.00. Said amount to be paid by February 15, 2016
Total Amount Due: $205.00
C. Emergency Cases
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CENA20150015570
OWNER: IRIS M.PAUL
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54-181. UNAUTHORIZED ACCUMULATION OF
LITTER.
FOLIO NO: 63505080009
VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES
Charles B. Riddle was present, however has no standing in the case. He resides on the property
and the debris belongs to a relative.
Ms. Adams reported a notice was sent to the owner via Cerfied Mail on 12/30/15.
Investigator Ford presented the case noting the violation has not been abated.
Special Magistrate Order: 9/3/15
Fine Amount: $100.00/day
Duration: 126 days
Total Fine Amount: $12,600.00
Unpaid Operational Costs: $230.28
Total to Date: $12,830.28
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$12,830.28.
Said amount to become a lien on the property with fines continuing to accrue.
2. CASE NO: CEPM20150001679
OWNER: ANA ELIAS
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231(12)(M), (12)(B), (12)(P), (12)(C), AND(12)(I).
SEVERAL PROPERTY MAINTENANCE ISSUES CONSISTING OF BUT NOT
LIMITED TO: DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS,
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January 15, 2016
EXTERIOR WALLS, INTERIOR WALLS, WINDOWS, INTERIOR FLOORS, AND
• EXTERIOR DOORS ON RESIDENTIAL PROPERTY.
FOLIO NO: 00129200008
VIOLATION ADDRESS: 2707 IMMOKALEE DRIVE, IMMOKALEE
Maria L Silva DeArrequin, grandmother of Ana Elias was present and presented written
permission to represent the Ms. Elias.
Ms. Elias's godson translated for Ms. Silva DeArrequin.
Ms. Silva DeArrequin reported that the violation is being abated and only general maintenance
items remain.
Supervisor Mucha confirmed a site inspection was conducted on 1/14/16 and the violation is 95
percent abated.
Special Magistrate Garretson CONTINUED the case until February 5, 2015.
3. CASE NO: CEPM20150013201
OWNER: ARLP TRUST 4
OFFICER: INVESTIGATOR WELDON WALKER
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,
ARTICLE VI, SECTION 22-231 (12)(I)AND 22-228(1). BOARDED WINDOW AND
GARAGE DOOR IN DISREPAIR.
FOLIO NO: 68042760007
VIOLATION ADDRESS: 3046 POINCIANA DRIVE,NAPLES
Investigator Walker represented the County.
Grzegorz Dubiel was present and reported that he purchased the property out of foreclosure on
January 8, 2016. He is taking the necessary measures to abate the violation by meeting with a
window contractor today and having the garage door repaired/replaced on January 20, 2016.
Special Magistrate Garretson CONTINUED the case until April 1, 2016.
4. CASE NO: CENA20150015866
OWNER: BENNETT JOHNSTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED
TO: OLD BIKES, CONTAINERS, WASHER, OLD WATER SOFTENER,
MICROWAVE, GLASS, PLASTICS, METALS, ETC.
FOLIO NO: 36238240004
VIOLATION ADDRESS: 5203 HUNTER BLVD,NAPLES
Bennett Johnston was present.
Investigator Musse presented the case noting the violation has been abated.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
5. CASE NO: CENA20150015358
OWNER: SALVADOR CHAIREZ AND MARIA M. CHAIREZ
OFFICER: INVESTIGATOR TONY ASARO
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January 15, 2016
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,
ARTICLE VI, SECTION 54-179 AND 54-181. LITTER AND DEBRIS CONSISTING
OF WOOD, TIRES, PLASTIC,ETC, LOCATED THROUGHOUT THE PROPERTY.
FOLIO NO: 39205200003
VIOLATION ADDRESS: 710 12TH STREET SE,NAPLES
Date of Hearing Notice by Certified Mail: 12/30/15
Date of Hearing Notice Property/Courthouse Posting: 1/5/16
The Respondents were not present.
Investigator Asaro presented the case noting the violation has been abated and the previoulsy
assessed Operational Costs have been paid.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
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: February 5, 2016, 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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January 15, 2016
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:45 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
enda Garret on, Special Magistrate
The Minutes were approved by the Special Magistrate on I dOtt
as presented , or as amended
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