CESM Minutes 03/04/2016 March 4, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 4, 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: Jeff Letourneau, Code Enforcement Investigations Manager
Kerry Adams, Code Enforcement Specialist
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: March 4,2016 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
III. APPROVAL OF MINUTES—February 5,2016
IV. MOTIONS
A. Motion for Continuance
B. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
1
B. Hearings
1. CASE NO: S0173649-CEEX20150020227
OWNER: MARSHALL SMITH
OFFICER: CORPORAL ANTHONY
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA,ON GRASS ALONG ROADSIDE.
VIOLATION
ADDRESS: 2919 KAREN DRIVE,NAPLES
2. CASE NO: S0173632-CEEX20150020228
OWNER: MARSHALL SMITH
OFFICER: DEPUTY SAVEL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA,ON GRASS ALONG ROADSIDE.
VIOLATION
ADDRESS: 2919 KAREN DRIVE,NAPLES
3. CASE NO: S0176711-CEEX20160000635
OWNER: DANIEL OCHOA AND VERONICA OCHOA
OFFICER: DEPUTY PEPIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA,PARKED ON GRASS
VIOLATION
ADDRESS: 8093 DREAM CATCHER,NAPLES
4. CASE NO: 50161724-CEEX20160000855
OWNER: SCOTT KLIEWE AND JAMIE LYNN KLIEWE
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,STRIPED AREA
VIOLATION
ADDRESS: LA FITNESS,NAPLES
5. 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
6. 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
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7. CASE NO: PR055340-CEEX20160001150
OWNER: LAWRENCE PARADISE
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: VANDERBILT BEACH ROAD,NAPLES
8. CASE NO: PR055140-CEEX20160001327
OWNER: RICHARD MILLER
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY A PAID LAUNCH FEE RECEIPT
VIOLATION
ADDRESS: BAYVIEW PARK,NAPLES
9. CASE NO: PR055327-CEEX20160002566
OWNER: DEBORAH REGNONE
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO PROPERLY DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS,NAPLES
10. CASE NO: PU5281-CEEX20160000615
OWNER: SADDLEBROOK SEVEN LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 118-64.
UNAUTHORIZED ACCUMULATION OF LITTER,CONSISTING OF BUT NOT LIMITED
TO UNCONTAINERIZED PUTRESCIBLE SOLID WASTE. FOUL ODOR PERMEATING
THE AREA.
FOLIO NO: 00298120307
VIOLATION
ADDRESS: 8695 SADDLEBROOK CIRCLE,NAPLES
11. CASE NO: PU5286-CEEX20160002308
OWNER: SADDLEBROOK SEVEN LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54,SECTION 179,
180, 181, 183.TRASH,FOOD,AND DEBRIS ON GROUND SURROUNDING DUMPSTERS.
FOUL ODOR AND ANIMALS EATING GARBAGE PRESENT.
FOLIO NO: 00298120307
VIOLATION
ADDRESS: 8685 SADDLEBROOK CIRCLE,NAPLES
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12. CASE NO: PU5328-CEEX20I60002307
OWNER: GL HOMES OF NAPLES,ASSOCIATED II LTD
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174,SECTION
(N).WATER HOSE CONNECTED TO BACK LEG OF RPZ DEVICE RUNNING INTO A
BUCKET OF DIRTY WATER CREATING A HEALTH,SAFETY,AND WELFARE ISSUE.
CONNECTED TO WATER SYSTEM WITHOUT APPROVAL.
FOLIO NO: 69770012424
VIOLATION
ADDRESS: 2959 CINNAMON BAY CIRCLE,NAPLES
13. CASE NO: DAS19970-CEEX20160001896
OWNER: JULIO LAMBERT
OFFICER: ANIMAL CONTROL OFFICER TAD BARTAREAU
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 14,ARTICLE II,
SECTION 14-34(1)(B).DOG RUNNING AT LARGE.
VIOLATION
ADDRESS: 3790 TAMIAMI TRAIL,NAPLES
14. CASE NO: CEPM20150022109
OWNER: TRUST MORTGAGE LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C)AND 22-228(1). LEAKS IN THE ROOF CAUSING DAMAGE TO
THE CEILING IN THE LIVING ROOM AND BEDROOMS.
FOLIO NO: 37921320007
VIOLATION
ADDRESS: 4485 15TH AVENUE SW,NAPLES
15. CASE NO: CEROW20150007223
OWNER: 12TH AVE NW LAND TRUST
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,
SECTION 110-31(A). INSTALLATION OF A GRAVEL DRIVEWAY WITH CULVERT
WITHOUT OBTAINING A COLLIER COUNTY RIGHT OF WAY PERMIT.
FOLIO NO: 37544760002
VIOLATION
ADDRESS: 445 12TH AVENUE NW,NAPLES
16. CASE NO: CEV20150021497
OWNER: FRANCISCO J.SALAZAR
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A). VEHICLES PARKED ON THE GRASS AT IMPROVED OCCUPIED
RESIDENTIAL PROPERTY.
FOLIO NO: 22430009141
VIOLATION
ADDRESS: 1145 BUSH STREET,IMMOKALEE
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17. CASE NO: CEPM20160001346
OWNER: NLJ REAL ESTATE HOLDING INC.
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242. VACANT STRUCTURE WITH EXTERIOR DOOR REMOVED
ALLOWING ACCESS TO THE INTERIOR.
FOLIO NO: 00131400003
VIOLATION
ADDRESS: 207 N 15TH STREET,IMMOKALEE
18. CASE NO: CEPM20150021740
OWNER: VIRGINIA VILLARREAL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242. UNSECURED VACANT DWELLING INVOLVED IN A HOUSE FIRE IN
OCTOBER 2015.
FOLIO NO: 30732800001
VIOLATION
ADDRESS: 1314 TANGERINE STREET,IMMOKALEE
19. CASE NO: CEEX20160002512
OWNER: DIANA NOBLE
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"CARMA".
VIOLATION
ADDRESS: 820 5TH STREET NW,NAPLES
20. CASE NO: CEEX20160002514
OWNER: DIANA NOBLE
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"SIERRA".
VIOLATION
ADDRESS: 820 5TH STREET NW,NAPLES
21. CASE NO: CEEX20160002516
OWNER: DIANA NOBLE
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"KYA".
VIOLATION
ADDRESS: 820 5TH STREET NW,NAPLES
C. Emergency Cases:
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VI. NEW BUSINESS
A. Motion for Imposition of Fines:
I. CASE NO: CEEX20140025037
OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721
OFFICER: DEPUTY FIRE MARSHAL 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. 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. CASE NO: CENA20150014708
OWNER: LAURIE CARRON
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(B). WEEDS OVER 18 INCHES.
FOLIO NO: 39393680001
VIOLATION
ADDRESS: 2341 81.11 AVENUE 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.
IX. REPORTS
X. NEXT MEETING DATE: April 1, 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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March 4, 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.
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: 9:25 a.m.
Reconvened: 9:37 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:
• #12-CASE NO: PU5328-CEEX20160002307-GL HOMES OF NAPLES,ASSOCIATED II LTD
Under item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0173649-CEEX20150020227-MARSHALL SMITH
• #2-CASE NO: S0173632-CEEX20150020228-MARSHALL SMITH
• #3 -CASE NO: S0176711-CEEX20160000635-DANIEL OCHOA AND VERONICA OCHOA
• #6-CASE NO: PR055110-CEEX20150023923-MIDALIS BLANCO AND RICHARD SIERRA
• #7-CASE NO: PR055340-CEEX20160001150-LAWRENCE PARADISE
• #8-CASE NO: PR055140-CEEX20160001327-RICHARD MILLER
• #9-CASE NO: PR055327-CEEX20160002566-DEBORAH REGNONE
• #15-CASE NO: CEROW20150007223-12TH AVE NW LAND TRUST
• #16-CASE NO: CEV20150021497-FRANCISCO J.SALAZAR
• #17-CASE NO: CEPM20160001346-NLJ REAL ESTATE HOLDING INC.
Under V.0—Emergency Cases, the following cases were added to the Agenda:
• #1 - CASE NO: CEPM20150023837-MATTHEW J.RYAN
• #2-CASE NO: CEPM20160002449-FEDERAL NATIONAL MORTGAGE ASSN.
Under VI.A—Imposition of Fines, the following cases were withdrawn:
• #2-CASE NO: CEV20150009136-RANDY A.SHELTON
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—February 5,2016
The minutes of the February 5, 2016 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
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March 4, 2016
IV. MOTIONS
A. Motion for Continuance
1. CASE NO: PU5328-CEEX20160002307
OWNER: GL HOMES OF NAPLES,ASSOCIATED II LTD
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174, SECTION
(N). WATER HOSE CONNECTED TO BACK LEG OF RPZ DEVICE RUNNING INTO A
BUCKET OF DIRTY WATER CREATING A HEALTH, SAFETY,AND WELFARE ISSUE.
CONNECTED TO WATER SYSTEM WITHOUT APPROVAL.
FOLIO NO: 69770012424
VIOLATION ADDRESS:2959 CINNAMON BAY CIRCLE,NAPLES
The Respondent was not present but submitted the request for a Continuance in writing.
Investigator Phillips was present and did not object to the request noting the company has been
participating in"tailgate meetings."
Special Magistrate Garretson GRANTED the Respondents Motion and CONTINUED the case
until the next hearing date.
B. Motion for Extension of Time
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEEX20140025037
OWNER: VETERANS OF FOREIGN WARS,GOLDEN GATE POST 7721
OFFICER: DEPUTY FIRE MARSHAL 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
Michael Beal, Attorney for the Respondent was present.
Shawn Hanson, Greater Naples Fire Rescue was present and reported the violation has been
abated and Operational Costs have been paid. She recommended any fines associated with the
violation be waived.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
V. PUBLIC HEARINGS
A. Stipulations
None
B. Hearings
4. CASE NO: S0161724-CEEX20160000855
OWNER: SCOTT KLIEWE AND JAMIE LYNN KLIEWE
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE, STRIPED AREA
VIOLATION ADDRESS:LA FITNESS,NAPLES
Deputies Hill and Alcorn were present and represented the County.
Evidence Entered: Composite Exhibit A: 2 photos dated 12/21/15
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March 4, 2016
Scott and Jamie Lynn Kliewe were present and testified:
• He has a handicap but he chooses not to obtain a placard.
• On the morning of the incident, he went to LA Fitness and there was major construction
on the sidewalk area where motorcycles and scooters are parked.
• The area was extremely busy and he parked in the exterior corner of a striped area in order
to not obstruct a normal parking space.
• He did not realize the striped area belonged to the adjacent handicap parking space.
• He requested a warning be issued or leniency, given there was no ill intent on his action.
Deputy Alcorn testified he arrived on scene after the Citation was issued and observed the
violation and notified Mr. Kliewe of the infraction. They were additional parking spaces
available for use.
Deputy Hill testified he was on routine patrol when he observed the scooter parked illegally
and accordingly issued a Citation.
Mr. and Mrs. Kliewe disagreed there were additional spaces available as it is peak time for
LA Fitness.
Special Magistrate Garretson notified the Respondents she does not have discretion on the fine
amount and a warning has to be issued on scene by the Officer. Her role is to determine if a
violation existed.
After hearing the testimony and reviewing the evidence, Special Magistrate Garretson
UPHELD Issuance of the Citation and ordered them to pay a $250.00 Fine, $50.00
Operational Costs and$5.00 Administrative Fee for a total amount to be paid of$305.00 by
April 4, 2016.
Total Amount Due: $305.00
5. 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
Deputy Hill was present and represented the County.
Evidence Entered: Exhibit A: 1 photo dated 11/1/15.
Alan Schifferen was present and testified:
• On the day of the incident,November 1, 2015 he went to Costco to retrieve his
membership card he had left behind at the store.
• It was extremely busy at the store and he observed a patron exiting a handicapped
parking space.
• She took an extremely long time to exit the space and traffic was stacking up behind him.
• As she exited, he pulled into the striped area and displayed his handicapped placard.
• He was unaware you cannot park in this area.
Deputy Hill testified he was on routine patrol when he observed a vehicle illegally parked in the
striped area of a handicap parking space and accordingly issued the Citation.
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March 4, 2016
After hearing the evidence, Special Magistrate Garretson DENIED the Respondent request for
dismissal of the citation and ordered him to pay a $250.00 Fine, $50.00 Operational Costs and
$5.00 Administrative Fee for a total amount of$305.00 to be paid before April 4, 2016.
10. CASE NO: PU5281-CEEX20160000615
OWNER: SADDLEBROOK SEVEN LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 118-64.
UNAUTHORIZED ACCUMULATION OF LITTER,CONSISTING OF BUT NOT LIMITED
TO UNCONTAINERIZED PUTRESCIBLE SOLID WASTE. FOUL ODOR PERMEATING
THE AREA.
FOLIO NO: 00298120307
VIOLATION ADDRESS: 8695 SADDLEBROOK CIRCLE,NAPLES
Investigator Goldsboro represented the County
Evidence Entered: Exhibit A: 1 photo
Exhibit B: 1 photo dated 1/2/16
Exhibit C: 1 photo
Michael Leeds, Presido Realty and Dana Mitchell, Property Manager represented the owner
of the apartment complex and are contesting a Citation they received on 1/4/16 at 8:16 a.m.
They testified:
• On 1/1/16 they received written notification(Respondent Exhibit A) to call the officer by
5:00 p.m. on 1/4/16, regarding an overflow of refuse on the property.
• They were on site on 1/4/16 and spent the day cleaning the area and work was completed
by 5:00 p.m.
• At approximately 8:16 a.m. the Investigator arrived on-site and issued the Citation.
• They contest they had until 5:00 p.m. to remove the debris and were in the process of
completing the task when the Citation was issued.
• Waste disposal has been an ongoing issue and they have undertaken the following
measures to address the problem:
• One particular tenant places debris inappropriately and then notifies the County of
a violation in a vindictive manner; measures are being undertaken to document
the activity so corrective action may be taken.
• Staff has been employed, overtime, beginning in shifts early in the morning and
staying late at night in order to police the area.
• Security cameras are being installed to identify any person inappropriately
dumping refuse in the area.
• A notification has been issued to tenants (Respondent Exhibit B) on the
requirements for disposing refuse and any penalties for non-compliance.
• Waste Management has increased their scheduled pick ups.
Investigator Goldsboro testified:
• She did issue the notification to the owner; however the requirement was to call her by
5:00 p.m. on 1/4/16 and that did not happen.
• When she arrived on site the morning of 1/4/16 there was additional refuse present on the
site that had not been present 1/1/16 that was disposed of inappropriately.
• This was a new, separate violation of County Ordinances, and accordingly a Citation was
issued.
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March 4, 2016
Mr. Leeds noted they were in the process of cleaning up the refuse when the Citation was
issued.
After hearing the testimony and reviewing the Evidence, Special Magistrate Garretson
DISMISSED issuance of the Citation.
11. CASE NO: PU5286-CEEX20160002308
OWNER: SADDLEBROOK SEVEN LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54, SECTION 179,
180, 181, 183.TRASH,FOOD,AND DEBRIS ON GROUND SURROUNDING DUMPSTERS.
FOUL ODOR AND ANIMALS EATING GARBAGE PRESENT.
FOLIO NO: 00298120307
VIOLATION ADDRESS: 8685 SADDLEBROOK CIRCLE,NAPLES
Investigator Goldsboro represented the County noting the case involved a Notice to Appear.
Special Magistrate Garretson recommended the parties attempt to enter into a Stipulation and
recessed the case at 11:20 a.m.
At 11:32 a.m. the case was reconvened and the parties reported they had reached an agreement
via stipulation.
The Stipulation was entered into by Respondent's representative Michael Leeds March 4, 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 by
April 4, 2016.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$100.00.
4. Total Charges are $155.00 due on or before April 4, 2016.
VII. NEW BUSINESS (Continued)
B. Motion for Imposition of Fines:
3. CASE NO: CENA20150014708
OWNER: LAURIE CARRON
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(B). WEEDS OVER 18 INCHES.
FOLIO NO: 39393680001
VIOLATION ADDRESS:2341 8TH AVENUE SE,NAPLES
Laurie Carron was present.
Investigator Asaro was present and reported the violation has been abated, but the previously
assessed operational costs have not been paid. He recommended the fines be waived.
Ms. Carron reported she could pay the previously assessed Operational Costs today.
Special Magistrate Garretson DENIED the County's Motion for the Imposition of Fines.
VI. PUBLIC HEARINGS (Continued)
B. Hearings
13. CASE NO: DAS19970-CEEX20160001896
OWNER: JULIO LAMBERT
OFFICER: ANIMAL CONTROL OFFICER TAD BARTAREAU
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March 4, 2016
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 14,ARTICLE II,
SECTION 14-34(1)(B).DOG RUNNING AT LARGE.
VIOLATION ADDRESS: 3790 TAMIAMI TRAIL,NAPLES
Date of Hearing Notice by Certified Mail: 2/17/16
The Respondent was not present.
Officer Bartarcau was present and testified:
• There have been 9 incidents regarding the Resondent's dog running at large.
• After 4 incidents the Respondent completed a responsible ownership class.
• Following the class, the dog was subsequently detained for running at large.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson UPHELD
Issuance of the Citation and ordered the Respondent to pay a $500.00 Fine, Operational Costs
of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$555.00.
Total Amount Due: $555.00
14. CASE NO: CEPM20150022109
OWNER: TRUST MORTGAGE LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C)AND 22-228(1). LEAKS IN THE ROOF CAUSING DAMAGE TO
TI IE CEILING IN THE LIVING ROOM AND BEDROOMS.
FOLIO NO: 37921320007
VIOLATION ADDRESS:4485 15TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 2/17/16
Date of Hearing Notice Property/Courthouse Posting: 2/22/16
Investigator Connetta presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 3 photos dated 11/16/15
The violation remains as of 3/4/16.
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$115.63 incurred in the prosecution of the case by
April 4, 2016.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by April 4, 2016 or a fine of$200.00 per day will be imposed until
the violation has been abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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.
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March 4, 2016
Total Amount Due: $115.63
18. CASE NO: CEPM20150021740
OWNER: VIRGINIA VILLARREAL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-242. UNSECURED VACANT DWELLING INVOLVED IN A HOUSE FIRE IN
OCTOBER 2015.
FOLIO NO: 30732800001
VIOLATION ADDRESS: 1314 TANGERINE STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 2/22/16
Date of Hearing Notice Property/Courthouse Posting: 2/23/16
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 11/16/15
Exhibit B: 1 photo dated 12/15/15
Exhibit C: 1 photo dated 2/22/16
The violation remains as of 3/4/16
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. I'ay the Operational Costs of$115.18 incurred by Code Enforcement during the
prosecution of the case on or before April 4, 2016.
2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections,
and Certificate of Completion/Occupancy by April 4, 2016 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 March
11, 2016 days of this hearing, then the time required to complete the repairs, inspections,
and Certificate of Completion/Occupancy will be extended to and must be completed by
September 4, 2016 or a fine of$250.00 per day will be imposed until the violation is abated.
4. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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: $115.18
19. CASE NO: CEEX20160002512
OWNER: DIANA NOBLE
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"CARMA".
VIOLATION ADDRESS: 820 51" STREET NW,NAPLES
Cases 19, 20 and 21 were combined.
20. CASE NO: CEEX20160002514
OWNER: DIANA NOBLE
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March 4, 2016
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"SIERRA".
VIOLATION ADDRESS: 820 51H STREET NW,NAPLES
21. CASE NO: CEEX20160002516
OWNER: DIANA NOBLE
OFFICER: ANIMAL CONTROL OFFICER BONNIE KUBICSEK
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36. DANGEROUS DOG,"KYA".
VIOLATION ADDRESS: 820 5TH STREET NW,NAPLES
Diana Noble was present.
Dan Grossi, Animal Control Supervisor represented the County and testified:
• The cases are combined as the 3 dogs participated in the incident jointly.
• On 1/27/16 the Department of Animal Services (DAS)received notification on a dog
bite case that occurred on 1/26/16 and Officer Kubicsek responded to the call.
• Diane Tierney reported she was walking her dog on the day of the incident when the
3 dogs, running at large, attacked her German Shepard"Vaughn."
• She pepper sprayed the attacking dogs but it had no affect and a dog fight ensued and
carried over into the woods adjacent to the road.
• A Dangerous Dog investigation was initiated and in accordance with the Ordinance a
determination was made by County Staff that the 3 dogs were deemed "Dangerous dogs."
• He noted Collier County Ordinance No. 2008-51 (as amended) cites:
1. Dangerous Dog means any dog that according to the records of the appropriate
authority:
1. Has aggressively bitten, attacked, or endangered or has inflicted severe injury
on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the
owner's property;
3. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude
of attack, provided that such actions are attested to in a sworn statement by
one or more persons and dutifully investigated by the appropriate authority.
Diane Tierney entered the following evidence:
Composite Exhibit A: 6 photos of her injuries dated 1/26/16
Composite Exhibit B: 4 photos of"Vaughn's" injuries dated 1/26/16
She testified:
• On 1/26/16 she was walking her dog in the street when the 3 dogs running at large
attacked her dog.
• The fight continued into the woods and in an effort to break up the fight, she was severely
bitten several times.
• She was transported to the emergency room where she received medical attention.
• "Vaughn" was transported to veterinary emergency where he received treatment
including medication, stitches and sedation.
Under cross examination by Ms. Noble she noted:
• She was afraid of the dogs based on their previous history.
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March 4, 2016
• She has taken videos of them on prior occasions.
Lee West testified:
• She was in her yard the day of the incident when she observed the Respondent's dog
"Sierra" in her yard, having gained access by digging under her fence.
• She observed Damian Leyva, the Respondent's grandson in the driveway and notified
him the dog was in her yard.
• Mr. Leyva responded it was not their dog.
• She asked Mr. Leyva to call the dog, when he did, the 2 other dogs came down the
driveway and "Sierra" came running from the canal area.
• At that time, she noticed Ms. Tierney walking her dog in the street and all 3 dogs
immediately attack her dog"Vaughn."
• She went into the house to call 911 and when she returned the fight was going on in
the woods adjacent to the road.
• The dogs are repeatedly in her yard and running at large in the neighborhood.
Under cross examination by Ms. Noble she reported she had not had any previous visits from the
Collier County Sheriff's Office or Domestic Animal Services representatives.
Mr. Grossi reported he has not had any incidents at the shelter where the dogs have been
•
impounded since the incident.
Ms. Noble testified "Vaughn" is being trained as an attack dog and he provoked their dogs into
an attack.
Mr. Grossi noted the County contends the attack was unprovoked.
Special Magistrate Garretson noted Mr. Grossi cited County Section Numbers 1 and 2; but of
the Dangerous Dog definition, only Number 3 applies: (has, when unprovoked, chased or
approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion
or apparent attitude of attack, provided that such actions are attested to in a sworn statement by
one or more persons and dutifully investigated by the appropriate authority).
Damian Leyva testified:
• He was transporting refuse containers to the bottom of the driveway when Ms. West
called him over about their dogs.
• He saw Ms. Tierney walking in the road with her dog and their dogs approached
"Vaughn" in protective mode as he was growling at him and the dogs thought he was in
danger.
• As the dogs approached Ms. Tierney, she pepper sprayed them which initiated a fight.
• The pepper spraying occurred at the time he was trying to retrieve the dogs and he was
hit by the spray as well.
• Their dogs are trained, however they are not on a leash very often.
• "Sierra" has fought with their other dog "Nola" on occasion.
• He admitted the incident may not have happened if he had more control of the dogs.
• He is afraid of"Vaughn" as he is an aggressive dog that barks at him from Ms. Tierney's
yard when he rides his bike down the road.
• He believes the attack occurred because "Vaughn" growled and barked at him.
Special Magistrate Garretson recessed the hearing to review the evidence.
to
March 4, 2016
Recess: 1:45 p.m.
Reconvened: 1:51 p.m.
Ms. Noble reported she has an affidavit from a postal worker on the dog's behavior.
Special Magistrate Garretson reported the determination is based on day of incident, not a
dog(s) previous history.
After hearing the testimony and reviewing the evidence Special Magistrate Garretson
UPHELD the County's determination the dogs in question be deemed "Dangerous Dogs."
She found a severe injury occurred and Mr. Leyva was not in danger at the time of the attack.
Ms. Noble reported she would surrender the dogs for euthanization.
Mr. Grossi reported the following costs are due:
Impound Fees - $10/day per dog at$1,320.00.
Surrender Fees - $30.00
Euthanization fees - $45 each - $135.00
Total Amount due: $1,395.00 by June 4, 2016.
C. Emergency Cases:
1. CASE NO: CEPM20150023837
OWNER: MATTHEW J. RYAN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 231 (19)
VIOLATION ADDRESS: 569 104th Ave N.,NAPLES, FL,34110
FOLIO NO: 62841200007
Date of Hearing Notice by Certified Mail: 2/25/16
Date of Hearing Notice Property/Courthouse Posting: 2/26/16
Investigator Connetta presented the case.
The Respondent was not present.
Evidence Entered: Exhibit A: 1 photo dated 12/28/15
Exhibit B: 1 photo dated 12/28/15
Exhibit C: 1 photo dated 2/25/16
Exhibit D: 1 photo dated 2/28/16
The violation remains as of 3/4/16.
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$115.40 incurred in the prosecution of the case
by April 4, 2016.
2. Hire a licensed pest control specialist to remove/exterminate the bee infestation by
March 7, 2016 or a fine of$250.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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
11
March 4, 2016
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.40
2. CASE NO: CEPM20160002449
OWNER: FEDERAL NATIONAL MORTGAGE ASSN.
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 231 (11)
VIOLATION ADDRESS: 1297 Trail Terrace Dr.,NAPLES,FL
FOLIO NO: 77411440004
Date of Hearing Notice by Certified Mail: 3/1/16
Date of Hearing Notice Property/Courthouse Posting: 3/1/16
Investigator Connetta presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 3/1/16
The violation remains as of 8/7/15.
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$115.40 incurred in the prosecution of the case by
April 4, 2016.
2. Restore electricity to the property with an active account with Florida Power and Light
account or vacate the property until an active account with Florida Power and Light is
obtained and electricity is restored to the property by March 11, 2016 or pay a fine of
$500.00 a day until the violation is abated.
3. In the event the Respondent does not comply with #1, all buildings on this property are
ordered to be vacated and the County may use the assistance of the Collier County
Sheriff's Office to effectuate this Order to Vacate. This Order to Vacate shall remain in
effect until such time electricity has been restored to the property through an active
account with Florida Power and Light.
4. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. 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: $115.40
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
None
B. Motion to Rescind Previously Issued Order:
None
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March 4, 2016
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: April 1, 2016, at 9:00 A.M. at the Collier County Government Center,
3299 Tamiami Trail East, 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 2:20 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
enda Garre son, Special Magistrate
These Minutes were approved by the Special Magistrate on l‘■?A, I ('bolo , as presented V ,
or as amended
13