CESM Minutes 04/01/2016 April 1, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 1, 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
Jeff Letourneau, Manager of Inspectors
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: April 1,2016 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
11. APPROVAL OF AGENDA
HI. APPROVAL OF MINUTES—March 4,2016
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: S0182060-CEEX20160003037
OWNER: RICHARD FOX
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,PERMIT DATE NOT VISIBLE
VIOLATION
ADDRESS: 10108 STRADA,MERCATO,NAPLES
2. CASE NO: S0161746-CEEX20160002768
OWNER: TRACY GREEN
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: MICHAELS,NAPLES
3. CASE NO: S0181237-CEEX20160002638
OWNER: SERGE!MASYRA
OFFICER: DEPUTY MIRONOV
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: WALMART,9885 COLLIER BLVD,NAPLES
4. CASE NO: S0181903-CEEX20160003206
OWNER: LORRAINE SCRENCI
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE,STRIPED AREA
VIOLATION
ADDRESS: COSTCO,NAPLES
5. CASE NO: PU5328-CEEX20160002307
OWNER: GL HOMES OF NAPLES,ASSOCIATES 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
2
6. CASE NO: PU4727-CEEX20160003906
OWNER: D.R.HORTON INC.
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174,SECTION
(N). BACK LEG OF RPZ PULLED OUT OF GROUND.GROUND UNDER DEVICE WET.
FOLIO NO: 24705202367
VIOLATION
ADDRESS: 16273 ABERDEEN WAY,NAPLES
7. CASE NO: PU5330-CEEX20160003033
OWNER: CENTEX HOMES
OFFICER: INVESTIGATOR TONYA PHILLIPS
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-62, SECTION
1.9.BACKLEG OF RPZ DEVICE PULLED UP INTO THE AIR,TAMPERING WITH
COLLIER COUNTY WATER DISTRIBUTION SYSTEM CAUSING LOSS OF PROTECTION
TO WATER SYSTEM.
FOLIO NO: 68968195947
VIOLATION
ADDRESS: 9043 BREAKWATER DRIVE,NAPLES
8. CASE NO: CEPM20150024494
OWNER: HENLEY PROPERTY INVEST LLLP
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). MOLD IN DWELLING.
FOLIO NO: 79904131844
VIOLATION
ADDRESS: 8291 YASMINA WAY,NAPLES
9. 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
10. CASE NO: CENA20150014491
OWNER: CARL FREDERICK BREWER EST
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181 AND 54-179. LITTER AND DEBRIS CONSISTING OF WOOD,
CARDBOARD,PLASTIC,ETC.LOCATED THROUGHOUT THE PROPERTY.
FOLIO NO: 39331400007
VIOLATION
ADDRESS: 131 22ND STREET NE,NAPLES
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11. CASE NO: CEPM20150013681
OWNER: RICARDO DEJESUS AND KATHLEAN DEJESUS
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1),22-231(12)(I),AND 22-231(12)(C). BROKEN WINDOWS,ROOF IN
DISREPAIR.
FOLIO NO: 1132520004
VIOLATION
ADDRESS: 222 SWAIN STREET,NAPLES
12. CASE NO: CEROW20140019427
OWNER: GEM TY LLC
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
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 110-31 (A). CULVERT BROKEN AND BLOCKING DRAINAGE.
VEGETATION GROWING IN RIGHT OF WAY.
FOLIO NO: 22771120006
VIOLATION
ADDRESS: 1127 MICHIGAN AVENUE,NAPLES
13. CASE NO: CEPM20150020400
OWNER: WILLIAM J.YOUNG TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL AND POOL ENCLOSURE.
FOLIO NO: 55412502400
VIOLATION
ADDRESS: 8944 LELY ISLAND CIRCLE,NAPLES
14. CASE NO: CELU20160003551
OWNER: ALEJANDRA LYNCH
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
1.04.01(A). OUTSIDE STORAGE OF LARGE AMOUNTS OF FURNITURE,COOLERS,
CONTAINERS,TRASH BAGS,CARDBOARD BOXES,APPLIANCES,ETC.
FOLIO NO: 62260040000
VIOLATION
ADDRESS: 5330 BROWARD STREET,NAPLES
15. CASE NO: CEPM20150021891
OWNER: CAROL L.DELAAR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). WOODEN FENCE IN DISREPAIR.
FOLIO NO: 69005000509
VIOLATION
ADDRESS: 4825 OAHU DRIVE,NAPLES
4
16. CASE NO: CESD20150010808
OWNER: THOMAS VALDES
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(BXIXA). A STRUCTURE IDENTIFIED FROM THE PROPERTY CARD AS A
"CHEAP PORTE COCHERE"OR"CHEAP CARPORT'BUILT IN 1994 WITHOUT FIRST
OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36245920003
VIOLATION
ADDRESS: 1742 52ND TER SW,NAPLES
17. CASE NO: CESD20140023123
OWNER: YISLEN DE LA 0 AND ROESMEL RUA
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). EXPIRED PERMIT PRBD20140306250 FOR A CHICKEE HUT.
FOLIO NO: 36451600007
VIOLATION
ADDRESS: 2883 50TH TER SW,NAPLES
18. CASE NO: CEV20160000048
OWNER: YISLEN DE LA 0 AND ROESMEL RUA
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTIONS 130-97, 130-97(2), 130-97(5),AND THE COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4,SECTION 4.05.03(A).
AUTOMOBILES,PICKUP TRUCKS,AND A COMMERCIAL VEHICLE PARKED ON THE
GRASS IN THE FRONT YARD OF AN IMPROVED RESIDENTIAL PROPERTY AND A
VIOLATION OF THE LADDER AND PIPE LIMITATION OF EQUIPMENT SECURED
ATOP A VEHICLE.
FOLIO NO: 36451600007
VIOLATION
ADDRESS: 2883 50TH TER SW,NAPLES
19. CASE NO: CES20150016979
OWNER: 3700 MER LLC
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
5.06.10(B)AND 5.06.11(A)(1),COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
CHAPTER 22,ARTICLE VI,SECTION 22-240(2). ABANDONED SIGN/SIGN STRUCTURE
AND A WALL SIGN INSTALLED WITHOUT REQUIRED PERMITS..
FOLIO NO: 00275360009
VIOLATION
ADDRESS: 3700 MERCANTILE AVENUE,NAPLES
5
20. CASE NO: CESD20150008616
OWNER: TAM THANH NGUYEN AND TAMMY NGUYEN
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(E). CHICKEN COOP AND GATE BUILT PRIOR TO OBTAINING COLLIER
COUNTY BUILDING PERMITS.
FOLIO NO: 38396160008
VIOLATION
ADDRESS: 5175 GREEN BLVD,NAPLES
21. CASE NO: CEV20160001080
OWNER: ANASTACIO SANCHEZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A). VEHICLES PARKED ON THE GRASS.
FOLIO NO: 62091520003
VIOLATION
ADDRESS: 5225 MARTIN STREET,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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,EXTERIOR WALLS,
INTERIOR WALLS,WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON
RESIDENTIAL PROPERTY.
FOLIO NO: 00129200008
VIOLATION
ADDRESS: 2707 IMMOKALEE DRIVE,IMMOKALEE
2. CASE NO: CEPM20150013201
OWNER: DLB INVESTMENTS INC.
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
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
6
3. CASE NO: CENA20150013452
OWNER: CHRISTOPHER NORTH
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181, LITTER CONSISTING OF BUT NOT LIMITED TO:
BROKEN FURNITURE,CHILDREN'S TOYS,ETC.
FOLIO NO: 35643520006
VIOLATION
ADDRESS: 4340 22ND AVENUE SW,NAPLES
4. 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.AND A TRAILER IN
THE FRONT YARD WITH LITTER/DEBRIS BEING STORED.
FOLIO NO: 34640040001
VIOLATION
ADDRESS: 4609 19TH PLACE SW,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: May 6, 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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April 1, 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: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
Ms. Adams 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:
• #14-CASE NO: CELU20160003551 - ALEJANDRA LYNCH
Under item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #12-CASE NO: CEROW20140019427-GEM TY LLC
• #6-CASE NO: PU4727-CEEX20160003906-D.R.HORTON INC.
• #16-CASE NO: CESD20150010808-THOMAS VALDES
• #5-CASE NO: PU5328-CEEX20160002307-GL HOMES OF NAPLES,ASSOCIATES II LTD.
Under item V.B —Hearings, the following cases were withdrawn:
• #1 - CASE NO: SO182060-CEEX20160003037-RICHARD FOX
• #2-CASE NO: SO161746-CEEX20160002768-TRACY GREEN
• #3 -CASE NO: S0181237-CEEX20160002638-SERGEI MASYRA
• #7-CASE NO: PU5330-CEEX20160003033-CENTEX HOMES
• #9-CASE NO: CEROW20150019121 -O'CONNELL J. BENJAMIN AND DAUGHN BENJAMIN
• #10-CASE NO: CENA20150014491 -CARL FREDERICK BREWER EST
• #13 -CASE NO: CEPM20150020400-WILLIAM J.YOUNG TRUST
• #19-CASE NO: CES20150016979-3700 MER LLC
• #20-CASE NO: CESD20150008616-TAM THANH NGUYEN AND TAMMY NGUYEN
• #21 -CASE NO: CEV20160001080-ANASTACIO SANCHEZ
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #3 - CASE NO: CENA20150013452-CHRISTOPHER NORTH
• #4-CASE NO: CENA20150010157-CLAUDIUS KNOWLES AND LORNA KNOWLES
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—March 4, 2016
The minutes of the March 4, 2016 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
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April 1, 2016
IV. MOTIONS
A. Motion for Continuance
14. CASE NO: CELU20160003551
OWNER: ALEJANDRA LYNCH
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
1.04.01(A). OUTSIDE STORAGE OF LARGE AMOUNTS OF FURNITURE, COOLERS,
CONTAINERS,TRASH BAGS,CARDBOARD BOXES,APPLIANCES,ETC.
FOLIO NO: 62260040000
VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES
Alejandra Lynch was not present but submitted the request in writing.
Investigator Musse reported that Ms. Lynch has taken steps to abate the violation and did not
object to the request.
Special Magistrate Garretson GRANTED the Respondents Motion for a Continuance in the
case until the next hearing date.
B. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEROW20140019427
OWNER: GEM TY LLC
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
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 110-31 (A). CULVERT BROKEN AND BLOCKING DRAINAGE.
VEGETATION GROWING IN RIGHT OF WAY.
FOLIO NO: 22771120006
VIOLATION ADDRESS: 1127 MICHIGAN AVENUE,NAPLES
Investigator Santafemia requested the hearing.
The Stipulation was entered into by the Respondents representative Christina Mona on March
29, 2016.
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
May 1, 2016.
2. Abate all violations obtaining all required Collier County Right of Way permit(s) or
Demolition Permit, inspections, and Certificate of Completion/Occupancy by July 1, 2016
or a fine of$100.00 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
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.18
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April 1, 2016
2. CASE NO: PU4727-CEEX20160003906
OWNER: D.R. HORTON INC.
OFFICER: INVESTIGATOR MIKE ANDRESKY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174, SECTION
(N). BACK LEG OF RPZ PULLED OUT OF GROUND. GROUND UNDER DEVICE WET.
FOLIO NO: 24705202367
VIOLATION ADDRESS: 16273 ABERDEEN WAY,NAPLES
Investigator Andresky requested the hearing.
The Stipulation was entered into by the Respondent's representative Kyle Schnaufer on April 1,
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
May 1, 2016.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty $5,000.00
4. Total Charges are $5,055.00 due by May 1, 2016.
Total Amount Due: $5,055.00
3. CASE NO: CESD20150010808
OWNER: THOMAS VALDES
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). A STRUCTURE IDENTIFIED FROM THE PROPERTY CARD AS A
"CHEAP PORTE COCHERE"OR"CHEAP CARPORT"BUILT IN 1994 WITHOUT FIRST
OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 36245920003
VIOLATION ADDRESS: 1742 52ND TER SW,NAPLES
Investigator Musse requested the hearing.
The Stipulation was entered into by the Thomas Valdes on April 1, 2016.
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 1, 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
Completion/Occupancy by August 1, 2016 or a fine of$100.00 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
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.40
4. CASE NO: PU5328-CEEX20160002307
OWNER: GL HOMES OF NAPLES,ASSOCIATES II LTD
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April 1, 2016
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
Investigator Phillips requested the hearing.
The Stipulation was entered into by the Respondent's representative Chris Cartee on April 1,
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
May 1, 2016.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00
4. Total Charges are $555.00 due by May 1, 2016.
Total Amount Due: $555.00
B. Hearings
4. CASE NO: S0181903-CEEX20160003206
OWNER: LORRAINE SCRENCI
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-67
HANDICAPPED SPACE, STRIPED AREA
VIOLATION ADDRESS: COSTCO,NAPLES
Deputy Hill represented the County.
County Evidence: Composite Exhibit A: 4 photos dated 2/11/16
Lorraine Screnci was present and testified:
• That on 2/11/16 she traveled to Costco and parked in a space reserved for handicapped
patrons.
• When she entered the space she parked in the area reserved for exiting the vehicle for that
space.
• She is authorized to park in handicap parking spaces and displayed here placard.
• She was unaware the person who is lawfully utilizing a parking space cannot park in the
pedestrian access area.
Deputy Hill testified that he was on routine patrol when he observed the vehicle parked
unlawfully and accordingly issued the Citation.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
DISMISSED the CITATION.
11. CASE NO: CEPM20150013681
OWNER: RICARDO DEJESUS AND KATHLEAN DEJESUS
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1),22-231(12)(I),AND 22-231(12)(C). BROKEN WINDOWS, ROOF IN
DISREPAIR.
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April 1, 2016
FOLIO NO: 1132520004
VIOLATION ADDRESS:222 SWAIN STREET,NAPLES
Ricardo and Kathlean Dejesus were present.
Glenn Cathey, First Baptist Church Everglade City was also present and reported that the
Respondent's would like to request a 6-month extension to abate the violation with the assistance
of the church.
Investigator Athey did not object to the request as the violation is not a Health, Safety and
Welfare issue.
Special Magistrate Garretson GRANTED the Respondents Motion for a Continuance in the
case until October 1, 2016.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CEPM20150013201
OWNER: DLB INVESTMENTS INC.
OFFICER: INVESTIGATOR JOHN SANTAFEMIA
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
Elizabeth Garnelo, Realtor, represented that the owner who purchased the property out of
foreclosure and abated the violation.
Investigator Santafemia confirmed the violation has been abated.
Abatement Date: 3/15/16
Special Magistrate Order: 11/6/15 1 No. 5217 Page: 418
Fine Amount: Part B; $250/day; Part C: $250/day
Duration: Part B: 12/7/15 —3/15/16 Part C: 12/7/15 —3/15/16
Total Fine Amount: Part B: $25,000.00; Part C: $25,000.00
Unpaid Operational Costs: $127.50
Total to Date: $50,127.50
Special Magistrate Garretson DENIED the County's Motion for the Imposition of Fines.
VI. PUBLIC HEARINGS (Continued)
B. Hearings
8. CASE NO: CEPM20150024494
OWNER: HENLEY PROPERTY INVEST LLLP
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). MOLD IN DWELLING.
FOLIO NO: 79904131844
VIOLATION ADDRESS: 8291 YASMINA WAY,NAPLES
Date of Hearing Notice by Certified Mail: 3/7/16
Date of Hearing Notice Property/Courthouse Posting: 3/15/16
Investigator Athey presented the case.
The Respondents were not present.
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April 1, 2016
Evidence entered: Exhibit A: 1 aerial photo of the property.
Exhibit B: Mold Report
Exhibit C: Email from mold technician
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$130.50 incurred in prosecution of the case by May 1, 2016.
2. Hire a licensed mold specialist to remediate any mold in the unit and provide a Certificate
of Mold analysis by April 8, 2016 or a fine of$250.00 per day will be imposed until the
violation is abated.
3. Cease rental of the property until the violation has been 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: $130.50
15. CASE NO: CEPM20150021891
OWNER: CAROL L.DELAAR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). WOODEN FENCE IN DISREPAIR.
FOLIO NO: 69005000509
VIOLATION ADDRESS:4825 OAHU DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 3/15/16
Date of Hearing Notice Property/Courthouse Posting: 3/15/16
Investigator Athey presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 3 photos
Exhibit B: Aerial photo property
The violation remains as of April 1, 2016.
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$115.33 incurred in the prosecution of the case by
May 1, 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 May 1, 2016 or a fine of$100.00 per day will be imposed until
the violation has been 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.
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April 1, 2016
Total Amount Due: $115.33
17. CASE NO: CESD20140023123
OWNER: YISLEN DE LA 0 AND ROESMEL RUA
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). EXPIRED PERMIT PRBD20140306250 FOR A CHICKEE HUT.
FOLIO NO: 36451600007
VIOLATION ADDRESS:2883 50TH TER SW,NAPLES
Date of Hearing Notice by Certified Mail: 3/15/16
Date of Hearing Notice Property/Courthouse Posting: 3/15/16
Investigator Giannone presented the case noting that the Respondents received extensions on
2/20/15 and 8/27/15. The permit expired on 11/25/15.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 1/15/16
Exhibit B: 1 photo dated 3/31/16
The violation remains as of April 1, 2016.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by
May 1, 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 May 1, 2016 or a fine of$100.00 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.
Total Amount Due: $115.18
18. CASE NO: CEV20160000048
OWNER: YISLEN DE LA 0 AND ROESMEL RUA
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTIONS 130-97, 130-97(2), 130-97(5),AND THE COLLIER COUNTY LAND
DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4, SECTION 4.05.03(A).
AUTOMOBILES, PICKUP TRUCKS,AND A COMMERCIAL VEHICLE PARKED ON THE
GRASS IN THE FRONT YARD OF AN IMPROVED RESIDENTIAL PROPERTY AND A
VIOLATION OF THE LADDER AND PIPE LIMITATION OF EQUIPMENT SECURED
ATOP A VEHICLE.
FOLIO NO: 36451600007
VIOLATION ADDRESS:2883 50TH TER SW,NAPLES
Date of Hearing Notice by Certified Mail: 3/15/16
Date of Hearing Notice Property/Courthouse Posting: 3/22/16
Investigator Kincaid presented the case.
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April 1, 2016
The Respondents were not present.
Evidence entered: Composite Exhibit A: 3 photos dated 1/8/16
Exhbiti B: 1 photo dated 1/21/16
Exhibit C: 1 photo dated 3/23/16
Exhibit D: 1 photo dated 3/31/16
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
May 1, 2016.
2. Abate all violations by complying with all code of laws 130-97 including commercial
vehicle/equipment size,parking location,screening, and ladder and pipe limitations.
Store commercial vehicles/equipment in rear yard and conceal from view or store
commercial vehicles/equipment in a completely enclosed structure or remove offending
vehicles from residentially zoned property by April 6, 2016 or a fine of$100.00 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 April 6, 2016 or a fine of$50.00 per day fine will be imposed until the
violation has been 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: $115.33
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines: (Continued)
1. 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,EXTERIOR WALLS,
INTERIOR WALLS,WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON
RESIDENTIAL PROPERTY.
FOLIO NO: 00129200008
VIOLATION ADDRESS:2707 IMMOKALEE DRIVE, IMMOKALEE
Date of Hearing Notice by Certified Mail: 3/15/16
Date of Hearing Notice Property/Courthouse Posting: 3/16/16
The Respondent was not present.
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April 1, 2016
Supervisor Mucha presented the case noting that the violation has not been abated.
Special Magistrate Order: 11/6/15
Fine Amount: $250.00/day
Duration: 117 days
Total Fine Amount: $29,250.00
Unpaid Operational Costs: $114.88
Total to Date: $29,364.88
Finding the Notice of Hearing was properly served, Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$29,364.88.
Said amount to become a lien on the property with fines continuing to accrue.
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: May 6, 2016, 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 11:58 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Gar etson pecia Magistrate
The Minutes were approved by the Special Magistrate on % `.1 , as presented 1/, or
as amended
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