CESM Minutes 07/01/2016 July 1, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, July 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: Jeff Letourneau, Manager of Inspectors
Kerry Adams, Code Enforcement Specialist
July 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.
I. CALL TO ORDER-Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing, Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:15 am
Reconvened: 9:35am
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under item IV.B -Motion for Continuance,there were two additions from Hearings:
• #5- CASE NO: PR055966-CEEX20160007223—DOUGLAS SHREVES
• #14—CASE NO: CEV20160006253—EMMANUEL EXCELLENT AND RACHELLE EXCELLENT
Under item V.A- Stipulations, there was one addition:
• #9—CASE NO: CEOCC20150007305—CELSO T.CAMARGO and SANTA V. CAMARGO
Under item V.B -Hearings, the following cases were withdrawn:
• #3 -CASE NO: S0182220-CEEX2016008201 —husband withdrawn
• #4—CASE NO: S0182227-CEEX20160008507—ROSALIND FOWLER
• #6—CASE NO: PR056228-CEEX20160009365—HOPE KAISER
• #8— CASE NO: CEPM20160004939—CHARLIE II LLC
• #10—CASE NO: CEPM20160007206—ELI MASHNI,CONNIE C. DISHONG,and ROBERT M. DISHONG
• # 12—CASE NO: CEPM20160007351 —3091 TAMIAMI TRAIL REALTY CORP.
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES -June 3, 2016
The minutes of the June 3, 2016 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
1. Motion for Reduction/Abatement of Fines NONE
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July 1, 2016
2. Motion for Continuance:
5. CASE NO: PR055966-CEEX20160007223
OWNER: DOUGLAS SHREVES
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: SOUTH MARCO BEACH ACCESS, MARCO ISLAND
Mr. Shreves requested in writing an October appearance since he was out-of-state until then.
Special Magistrate Garretson GRANTED Continuance for the November 4, Hearing.
14. CASE NO: CEV20160006253
OWNER: EMMANUEL EXCELLENT and RACHELLE EXCELLENT
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORINANCES, CHAPTER 130,
ARTICLE III, SECTION 130-95. VEHICLE WITH EXPIRED TAGS
FOLIO NO: 48600000501
VIOLATION
ADDRESS: 12092 SITTERLY ST., NAPLES
Special Magistrate Garretson denied Respondents' request for a 3-month continuance. Continuance was
granted until the August 5 Hearing.
3. Motion for Extension of Time NONE
V. PUBLIC HEARINGS
A. Stipulations
9. CASE NO: CEOCC20150007305
OWNER: CELSO T. CAMARGO and SANTA V. CAMARGO
OFFICER: INVESTIGATOR STEPHEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 126,
ARTICLE IV, SECTION 126-111(B).NO BUSINESS TAX RECEIPT FOR THE
AUTOMOTIVE REPAIR BUSINESS BEING CONDUCTED FROM
THIS LOCATION.
VIOLATION
ADDRESS: 420 ALACHUA STREET, IMMOKALEE
Special Magistrate Garretson accepted the Stipulation as presented by Investigator Lopez-Silver, and ordered
that Respondent:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of this case by August 1,
2016.
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July 1, 2016
2. Abate violations in the allotted time, display all required business tax receipts, OR CEASE& DESIST
all business activities within 30 days of this hearing, OR a fine of$250 per day will be imposed until
the violation is abated.
3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation, and request
the Investigator perform a site inspection to confirm compliance.
4. If the Respondent fails to abate the violation the County may abate the violation using any method at
its disposal, and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this agreement, and all costs of said abatement shall be assessed to the property owner.
B. Hearings
I. CASE NO: 50167841-CEEX20160006366
OWNER: DAVID SANTEE
OFFICER: DEPUTY DORNBACK
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-66
UNLAWFUL AREA SWALE
VIOLATION
ADDRESS: LOGAN BLVD.,NORTH OF PINE RIDGE, NAPLES
Deputy Santee stated that the officer who made the citation was on vacation; he recommended that the case
be dismissed. Special Magistrate Garretson accepted the recommendation, and DISMISSED the Citation.
2. CASE NO: S0182211-CEEX20160007585
OWNER: BARBARA PHELAN
OFFICER: DEPUTY KELLER
VIOLATIONS: CODE OF LAW& ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS; TARGET(AIRPORT PULLING & PINE RIDGE)NAPLES
Barbara Phelan was present, and testified that Deputy Keller rebuked her for becoming emotional, and without
reason changed his decision from a warning to a citation.
Deputy Keller testified that although Ms. Phelan did become overwrought, he did not verbally abuse her. He
stated that he issued the citation when, after checking her credentials, he became aware that the Handicapped
Placard did not belong to Ms. Phelan. It belonged to her spouse, who was not in the vehicle.
After hearing the testimonies, Special Magistrate Garretson moved to take the case under advisement. The
Respondent would be advised of the court's decision in ten days.
11. CASE NO: CEROW20150007745
OWNER: MATTHEW L.JUMPER
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS
AND BRIDGES, ARTICLE II, DIVISION I GENERALLY, SECTION 110-30 AND
SECTION 110-31 (A). THE CULVERT/DRAINAGE PIPE HAS FAILED, THAT IS, IT
HAS COLLAPSED OR RUSTED THROUGH. ORDINANCE 2003-37. A GRAVEL
DRIVEWAY THAT HAS NO DRIVEWAY PIPE AND IS BLOCKING THE FLOW
OF WATER GOING FROM EAST TO WEST.
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July 1, 2016
FOLIO NO: 38226240001
VIOLATION
ADDRESS: 5890 CEDAR TREE LANE, NAPLES
Investigator Dee Pulse elaborated on the violation, and asked to enter photographs into evidence.
Evidence Entered:
Exhibit A: 1 Photo (not date stamped) of sandy area
Exhibit B: 1 Photo dated 3/21/16
Exhibit C: Aerial Map 2015-Collier County Property Appraiser
Matthew Jumper was present. Mr. Jumper testified that a culvert had never existed, and that it was therefore
inaccurate to say it had collapsed. He stated that removal of the swales by the county created a situation where
residents were required to spend $6,000 — $8000 on culverts. He stated further that the improvements he was
expected to do would cost $4,000 if he did the work, and $7,000 if he had it done. He made the case of needing
more time to come into compliance, since the process would be a costly one.
County Code Enforcer Supervisor Perez was sworn in, and testified that since the violation had been
identified, it needed to be corrected right away. Perez stated that the county was willing to allow Matthew
Jumper 6 months, in order to complete the project in tiers.
After reviewing the evidence and hearing the testimonies, Special Magistrate Garretson moved for a
continuance until November 4, 2016.
Recessed: 10:45 am
Reconvened: 11:05 am
7. CASE NO: PU5174-CEEX20160009535
OWNER: STANDARD PACIFIC OF FLORIDA
INVESTIGATOR: INVESTIGATOR ALBERTO SANCHEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174,
SECTION N, Q, UNLAWFUL CONNECTION INTO COUNTY OWNED WATER
LINE. NO FREE SERVICE ALLOWED. VIOLATOR CONNECTED INTO AN
UN-METERED COUNTY WATER LINE WITHOUT CONSENT.
VIOLATION
ADDRESS: 9276 GLENFOREST DRIVE,NAPLES
The Respondent, Standard Pacific of Florida, was not present. Code Enforcement Specialist Kerry Adams
verified that proper and timely notice had been sent out to the Respondent.
Investigator Alberto Sanchez reported that the violation was brought to his attention on June 2, 2016 by the
county Commissioner's Office. Two photographs were entered into evidence.
Evidence Entered:
Exhibit A: 1 Photo dated 6/2/2016 of the location of the violation
Exhibit B: 1 Photo dated 6/2/16 depicting PVC connection into water line
Special Magistrate Garretson found that the Notice of Hearing was properly served, and ruled Standard
Pacific of Florida GUILTY of the alleged violation, ordering Respondent to:
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July 1, 2016
1. Immediately CEASE& DESIST from violation, and to come into compliance
2. Pay Civil Penalty ($500)plus Operational and Administrative costs in the
amount of$55.00- incurred in the prosecution of the case by August 1, 2016
3. Notify Code Enforcement when the violation has been abated, in order to
facilitate a site inspection which will confirm the abatement. If the Respondent
fails to abate the violation the County may abate the violation using any method
at its disposal, and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement, and all costs of said abatement shall
be assessed to the property owner.
Total Amount Due: $555.00
13. CASE NO: CEROW20150016760
OWNER: PATRICIA SOTO
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS
AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION I
GENERALLY, SECTION 110-31 (A). EXPIRED RIGHT OF WAY PERMIT.
FOLIO NO: 39954240000
VIOLATION
ADDRESS: 3345 35TH AVENUE NE,NAPLES
The Respondent, Patricia Soto, was not present. It court confirmed that the original notice was given in August
2015, and that Respondent was given proper and sufficient notice to appear. The County was allowed to
proceed. Photographs were entered into evidence.
Evidence Entered:
Exhibit A: 1 photo dated 8/25/15; 15:01
Exhibit B: 1 photo dated 8/25/15; 15:02
Exhibit C: 2 photos dated 6/27/16; each taken at 13:39
Exhibit D: Aerial Map 2016-Collier County Property Appraiser
Investigator Michael Odom recommended that Respondent pay the imposed fine of$115.18 by August 1,
2016, and come into compliance by completely removing all materials from the right of way.
Special Magistrate Garretson found that the Notice of Hearing was properly served, ruled that the
Respondent is GUILTY of the alleged violation, and ordered Respondent to:
1. Pay Operational Costs—in the amount of$115.18 incurred in the prosecution of the case—by August
1, 2016
2. Abate the violation on or before August 1, 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 facilitate a site inspection
which will confirm the abatement. If the Respondent fails to abate the violation the County may abate
the violation using any method at its disposal, and may use the assistance of the Collier County
Sheriff's Office to enforce the provisions of this agreement, and all costs of said abatement shall be
assessed to the property owner.
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July 1, 2016
Total Amount Due: $115.18
C. Emergency Cases: NONE
VI. NEW BUSINESS
A. Motion for Imposition of Fines: NONE
VII. OLD BUSINESS
A. Motion to Amend Previously Issued Order: NONE
B. Motion to Rescind Previously Issued Order: NONE
VIII. CONSENT AGENDA NONE
IX. REPORTS NONE
X. NEXT MEETING DATE: August 5, 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 11:41 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
1 / .4._
ren a Ga r: so•, Special Magistrate
The Minutes w e approved by the Special Magistrate on 1ft 5 1t6 , as
presented , or as amended
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