CESM Minutes 08/05/2016 August 5, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 5, 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
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: August 5,2016 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
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—July 1,2016
IV. MOTIONS
A. Motion for Reduction/Abatement of fines
B. Motion for Continuance
C. Motion for Extension of Time
V. PUBLIC HEARINGS
A. Stipulations
1
B. Hearings
1. CASE NO: S0181950-CEEX20160011211
OWNER: RODNEY STORRUSTEN
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: BARNES AND NOBLE, NAPLES
2. CASE NO: CEV20160006253
OWNER: EMMANUEL EXCELLENT AND RACHELLE EXCELLENT
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. VEHICLE WITH EXPIRED TAGS.
FOLIO NO: 48600000501
VIOLATION
ADDRESS: 12092 SITTERLY STREET,NAPLES
3. CASE NO: CEPM20160008025
OWNER: JANICE RIVES AND ARTURO RIVES
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI,
SECTION 22-241(1). BOARDING OF DWELLING WITHOUT FIRST OBTAINING AN
APPROVED COLLIER COUNTY BOARDING CERTIFICATE.
FOLIO NO: 62259720001
VIOLATION
ADDRESS: 5378 BROWARD STREET,NAPLES
4. CASE NO: CESD20160005102
OWNER: FARID UDDIN ULLAH
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(A). THE INSTALLATION OF IMPACT SLIDING GLASS DOORS BY THE
PROPERTY OWNER WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING
PERMIT.
FOLIO NO: 27690008123
VIOLATION
ADDRESS: 3633 TREASURE COVE CT,NAPLES
5, CASE NO: CEPM20160005051
OWNER: PARAMONT LAND CO. INC.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-23I(12)(C),22-231(12)(1), AND 22-231(15). UNMAINTAINED POOL,TORN
POOL ENCLOSURE SCREENS, BROKEN WINDOWS AND UNSECURE DOORS.
FOLIO NO: 45853320002
VIOLATION
ADDRESS: 79116111 AVENUE SW,NAPLES
2
6. CASE NO: CEPM20160006123
OWNER: LOWFIELD REALTY GROUP LLC
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE Vi,
SECTION 22-240(1)(J). EXTERIOR SURFACE OF BUILDING IN DISREPAIR.
FOLIO NO: 428640000
VIOLATION
ADDRESS: 5498 RATTLESNAKE HAMMOCK ROAD,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. CASE NO: CEROW20140019427
OWNER: GEM TY LLC
OFFICER: INVESTIGATOR JON HOAGBOON
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 110-31 (A). CULVERT BROKEN AND BLOCKING DRAINAGE.
VEGETATION GROWING IN RIGHT OF WAY.
FOLIO NO: 22771 120006
VIOLATION
ADDRESS: 1127 MICHIGAN AVENUE, NAPLES
2. CASE NO: CENA20150019899
OWNER: DANIELA F. SUAREZ
OFFICER: INVESTIGATOR SHERRY PATTERSON
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:
PALLETS, BUCKETS, WOOD, PLASTIC,TIRES, ETC.
FOLIO NO: 45907320000
VIOLATION
ADDRESS: 1031 19T" ST SW, NAPLES
3. CASE NO: CEPM20160006034
OWNER: MICHAEL SLOVIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(1)AND 22-242. VACANT UNSECURED DWELLING WITH A
BROKEN WINDOW,ACCESS CAN BE GAINED INTO THE UNIT.
FOLIO NO: 36301720008
VIOLATION
ADDRESS: 5231 19"CIT SW,NAPLES
3
4. CASE NO: CESD20160003515
OWNER: CKK PROPERTIES LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(A),AND THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,
SECTION 105 PERMITS, 105.1 REQUIRED. UNPERMITTED STRUCTURES AND FENCE
ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION
ADDRESS: 3440 22ND AVENUE SE,NAPLES
5. CASE NO: CEPM20150023837
OWNER: MATTHEW J. RYAN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTION 22-231(19). BEE INFESTATION ON FRONT OF STRUCTURE NEXT TO LIGHT
FIXTURE.
FOLIO NO: 62841200007
VIOLATION
ADDRESS: 569 104TH AVENUE N,NAPLES
6. 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 Ill,
SEC'T'IONS 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
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order:
B. Motion to Rescind Previously Issued Order:
1. CASE NO: CEPM20160005274
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS; COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(2)AND SECTION 22-231(1 1). OCCUPIED DWELLING WITH NO
WATER AND ELECTRICITY SERVICE.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20TH PL SW,NAPLES
4
2. CASE NO: CEPM20160005292
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNET TA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(1 2)(N). DILAPIDATED WOODEN FENCE ON THE RIGHT SIDE OF THE
PROPERTY.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20"PL SW,NAPLES
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: September 2, 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
5
August 5, 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 9:20 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: 9:28 a.m.
Reconvened: 9:38 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under VI.A —Motion for Imposition of Fines,the following case was moved to IV.A—Motion for
Reduction/Abatement of fines:
• #1 - CASE NO: CEROW20140019427 - GEM TY LLC
Under item V.B—Hearings, the following case was moved to V.0 —Motion for Continuance:
• #6 - CASE NO: CEPM20160006123 - LOWFIELD REALTY GROUP LLC.
• #5 - CASE NO: CEPM20160005051 - PARAMONT LAND CO. INC.
Under item V.B—Hearings, the following cases were moved to V.A—Stipulations:
• #2 - CASE NO: CEV20160006253 - EMMANUEL AND RACHELLE EXCELLENT
• #4 - CASE NO: CESD20160005102 - FARID UDDIN ULLAH
Under V.0—Emergency Cases,the following cases were added to the Agenda:
• #1 - CASE NO: CEPM2016008819 - JOE & LISA MOCCO
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #2 - CASE NO: CENA20150019899 - DANIELA F. SUAREZ
• #6 - CASE NO: CEV20160000048 - YISLEN DE LA 0 AND ROESMEL RUA
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—July 1, 2016
The minutes of the July 1, 2016 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of fines
1. CASE NO: CEROW20140019427
OWNER: GEM TY LLC
2
August 5, 2016
OFFICER: INVESTIGATOR JON HOAGBOON
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
The Respondent was not present but submitted the Motion in writing for abatement of the
fines.
Investigator Hoagboon represented the County and had no objection to the request.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
B. Motion for Continuance
1. CASE NO: CEPM20160006123
OWNER: LOWFIELD REALTY GROUP LLC
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-240(1)(J).EXTERIOR SURFACE OF BUILDING IN DISREPAIR.
FOLIO NO: 00428640000
VIOLATION ADDRESS: 5498 RATTLESNAKE HAMMOCK ROAD,NAPLES
The Respondent was not present but submitted the Motion for a Continuance in writing.
Investigator Athey represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED the Respondent's Motion for a Continuance.
2. CASE NO: CEPM20160005051
OWNER: PARAMONT LAND CO.INC.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C),22-231(12)(I),AND 22-231(15). UNMAINTAINED POOL,TORN
POOL ENCLOSURE SCREENS,BROKEN WINDOWS AND UNSECURE DOORS.
FOLIO NO: 45853320002
VIOLATION ADDRESS: 791 16TH AVENUE SW,NAPLES
The Respondent was not present but submitted the Motion for a Continuance in writing.
Investigator Athey represented the County and objected to the request given the case was
initiated by the Collier County Sheriff's Department,the Respondent has communicated but not
taking any action on the violation since the case was opened in March and is a Health, Safety and
Welfare issue.
Special Magistrate Garretson DENIED the Respondent's Motion for a Continuance.
C. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CEV20160006253
OWNER: EMMANUEL EXCELLENT AND RACHELLE EXCELLENT
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. VEHICLE WITH EXPIRED TAGS.
3
August 5, 2016
FOLIO NO: 48600000501
VIOLATION ADDRESS: 12092 SITTERLY STREET,NAPLES
Investigator Musse represented the County.
The Stipulation was entered into by Emmanuel Excellent on August 5, 2016.
Special Magistrate Garretson stated the following finding is contingent on Rachelle
Excellent's signature being added to the Stipulation.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case by
September 6, 2016.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
not stored within the confines of a completely enclosed structure, or store said vehicles
within a completely enclosed structure and/or repair the defects so vehicle is immediately
operable or remove offending vehicles from residentially zoned area by September 6, 2016
or a fine of$50.00 a day that the violation remains unabated thereafter.
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 Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.03
2. CASE NO: CESD20160005102
OWNER: FARID UDDIN ULLAH
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). THE INSTALLATION OF IMPACT SLIDING GLASS DOORS BY THE
PROPERTY OWNER WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING
PERMIT.
FOLIO NO: 27690008123
VIOLATION ADDRESS:3633 TREASURE COVE CT,NAPLES
Investigator Asaro requested the hearing.
The Stipulation was entered into by Farid Uddin Ullah on August 5, 2016
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.48 incurred in the prosecution of the case by
September 6, 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 November 6, 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
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
4
August 5, 2016
Total Amount Due: $115.48
B. Hearings
1. CASE NO: S0181950-CEEX20160011211
OWNER: RODNEY STORRUSTEN
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS:BARNES AND NOBLE,NAPLES
Deputy Hill was present.
County Evidence Entered: Exhibit A: 1 photo
Rodney Storrusten was present and testified:
• That the day of the incident he transported his 94-year-old mother (who had recently
moved here from Arizona)to the bookstore.
• She has a handicap placard however, he forgot to place it on the dashboard as required.
• Investigation further revealed the placard authorization had expired, so he was not
eligible for the option to present the placard to Code Enforcement for the $5.00 fine
option.
• They are working on ascertaining a valid placard.
Deputy Hill testified he was on routine patrol when he observed Mr. Storrusten's vehicle parked
in a space reserved for handicapped individuals without displaying the proper documentation.
Accordingly, he issued a Citation.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence took the
case UNDER ADVISEMENT and requested the Respondent's mother to ascertain the proper
authorization to park in a handicap space and submit it to Code Enforcement for her review.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
4. CASE NO: CESD20160003515
OWNER: CKK PROPERTIES LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A),AND THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,
SECTION 105 PERMITS, 105.1 REQUIRED.UNPERMITTED STRUCTURES AND FENCE
ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION ADDRESS: 3440 22ND AVENUE SE,NAPLES
Investigator Asaro represented the County.
Jimmy Dean, Design Contractor, represented the Respondent and testified he submitted a
permit application this morning and requested the Respondent be given 60 days to abate the
violation.
Investigator Asaro did not object to the request.
Special Magistrate Garretson CONTINUED the case until October 7, 2016.
Break: 10:27 a.m.
Reconvened: 10:35 a.m.
5
August 5, 2016
V. PUBLIC HEARINGS (Continued)
A. Hearings
3. CASE NO: CEPM20160008025
OWNER: JANICE RIVES AND ARTURO RIVES
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(1).BOARDING OF DWELLING WITHOUT FIRST OBTAINING AN
APPROVED COLLIER COUNTY BOARDING CERTIFICATE.
FOLIO NO: 62259720001
VIOLATION ADDRESS: 5378 BROWARD STREET,NAPLES
Date of Hearing Notice by Certified Mail: 7/20/16
Date of Hearing Notice Property/Courthouse Posting: 7/19/16
Investigator Athey presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos
Exhibit B: 1 aerial photo of the property
The violation remains as of 8/5/16
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$115.33 incurred by Code Enforcement during the
prosecution of the case on or before September 6, 2016.
2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections,
and Certificate of Completion/Occupancy by September 6, 2016 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 August
12, 2016, then the time required to complete the repairs, inspections, and Certificate of
Completion/Occupancy will be extended to and must be completed by February 6, 2017 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: $115.33
5. CASE NO: CEPM20160005051
OWNER: PARAMONT LAND CO.INC.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C),22-231(12)(I),AND 22-231(15). UNMAINTAINED POOL,TORN
POOL ENCLOSURE SCREENS,BROKEN WINDOWS AND UNSECURE DOORS.
FOLIO NO: 45853320002
VIOLATION ADDRESS: 791 16TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/20/16
Date of Hearing Notice Property/Courthouse Posting: 7/19/16
6
August 5, 2016
Investigator Athey presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 8 photos dated 3/31/16
Exhibit B: 1 email dated 5/19/16 notifying the County the
violation would be abated by June 2016
Exhibit C: 1 aerial photo of the property
The violation remains as of 8/5/16.
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
September 6, 2016.
2. Repair and/or replace all broken windows, doors and accesses, repair damaged roof,
replace any missing or torn pool enclosure screens, obtain all required Collier County
Building Permit(s) or demolition permit, inspections, and Certificate of
Completion/Occupancy to restore the structure by September 6, 2016, 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 August
12, 2016, then the time required to complete the repairs, inspections, and Certificate of
Completion/Occupancy will be extended to and must be completed by February 6, 2017 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: $115.40
C. Emergency Cases:
1. CASE NO: CEPM2016008919
OWNER: JOE&LISA MOCCO
OFFICER: JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCE,CHAPTER 22,ARTICLE
VI,SECTION 22-231 (12)(I)AND SECTION 22-242
FOLIO NO: 67181760008
VIOLATION ADDRESS: 25 EAST AVE.,NAPLES,FL 34108
Date of Hearing Notice by Certified Mail: 7/20/16
Date of Hearing Notice Property/Courthouse Posting: 7/19/16
Investigator Connetta presented the case reporting it is a Health, Safety and Welfare issue.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos dated 6/21/16
Exhibit B: 1 photo dated 7/5/16
Exhibit C: 1 photo dated 8/4/16
The violation remains as of 8/5/16
7
August 5, 2016
Finding the Notice of Hearing was properly served,Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$115.70 incurred by Code Enforcement during the
prosecution of the case on or before September 6, 2016.
2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections,
and Certificate of Completion/Occupancy by September 6, 2016 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 August
12, 2016, then the time required to complete the repairs, inspections, and Certificate of
Completion/Occupancy will be extended to and must be completed by February 6, 2017 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 Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.70
VI. NEW BUSINESS (Continued)
A. Motion for Imposition of Fines:
3. CASE NO: CEPM20160006034
OWNER: MICHAEL SLOYIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(I)AND 22-242. VACANT UNSECURED DWELLING WITH A
BROKEN WINDOW,ACCESS CAN BE GAINED INTO THE UNIT.
FOLIO NO:` 36301720008
VIOLATION ADDRESS: 5231 19TH CT SW,NAPLES
Date of Hearing Notice by Certified Mail: 7/20/16
Date of Hearing Notice Property/Courthouse Posting: 7/19/16
The Respondents were not present.
Investigator Connetta presented the case noting the violation has not been abated.
Special Magistrate Order: 6/3/16 No. 5283 Page: 2732
Fine Amount: $250.00/day
Duration: 7/4/16 - 8/5/16 (33 days)
Total Fine Amount: $8,250.00
Unpaid Operational Costs: $230.51
Total to Date: $8,480.51
Finding the Notice of Hearing was properly served, Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$8,480.51.
Said amount to become a lien on the property with fines continuing to accrue.
5. CASE NO: CEPM20150023837
OWNER: MATTHEW J.RYAN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). BEE INFESTATION ON FRONT OF STRUCTURE NEXT TO LIGHT
FIXTURE.
8
August 5, 2016
FOLIO NO: 62841200007
VIOLATION ADDRESS:569 104TH AVENUE N,NAPLES
Date of Hearing Notice by Certified Mail: 7/20/16
Date of Hearing Notice Property/Courthouse Posting: 719/16
The Respondents were not present.
Investigator Connetta presented the case noting the violation has been abated, but not in the
prescribed time frame.
Abatement Date: 3/22/16
Special Magistrate Order: 3/4/16 No. 5260 Page: 1310
Fine Amount: $250.00/day
Duration: 3/8/16—3/22/16 (15 days)
Total Fine Amount: $3,750.00
Unpaid Operational Costs: $115.03
Total to Date: $3,865.03
Finding the Notice of Hearing was properly served, 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:
1. CASE NO: CEPM20160005274
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(2)AND SECTION 22-231(11). OCCUPIED DWELLING WITH NO
WATER AND ELECTRICITY SERVICE.
FOLIO NO: 35755040005
VIOLATION ADDRESS:4265 20TH PL SW,NAPLES
Investigator Connetta reported the property is in bankruptcy.
Special Magistrate Garretson GRANTED the County's Motion to Rescind a Previously Issued
Order.
2. CASE NO: CEPM20160005292
OWNER: YVONNE JEAN GODWIN
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). DILAPIDATED WOODEN FENCE ON THE RIGHT SIDE OF THE
PROPERTY.
FOLIO NO: 35755040005
VIOLATION ADDRESS:4265 20TH PL SW,NAPLES
Investigator Connetta reported the property is in bankruptcy.
Special Magistrate Garretson GRANTED the County's Motion to Rescind a Previously Issued
Order.
VIII. CONSENT AGENDA
9
August 5, 2016
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: September 2, 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 11:12 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
(-21, J
i/ . )�
da Garret ' •, Special Magistrate
C•
The Minutes were app(Oved by the Special Magistrate on �Q,' .�.�C:r' p1 0/01(0
as presented ✓✓ , or as amended
10