CESM Minutes 10/07/2016 October 7, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 7, 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
Danny Blanco. Administrative Secretary
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: October 7,2016 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
IL APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—September 2,2016
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: PU5315-CEEX20160014307
OWNER: SAWGRASS PINES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 118-66,SECTION(A). SPILLAGE
OUTSIDE OF DUMPSTER ENCLOSURE CONSISTING OF FOOD WASTE,KITCHEN
WASTE,CARDBOARD BOXES,BULK ITEMS,ETC.
FOLIO NO: 00199282409
VIOLATION
ADDRESS: 5560 JONQUIL LANE,NAPLES
2. CASE NO: DAS21141-CEEX20160013541
OWNER: OSCAR BETANCOURT
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34.FIFTH
IMPOUND AT DAS.DOG BROUGHT INTO DAS BY A GOOD SAMARITAN.
VIOLATION
ADDRESS: 50 21ST ST NW,NAPLES
3. CASE NO: DAS20832-CEEX20160013527
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION
ADDRESS: 100 BAREFOOT WILLIAMS ROAD,NAPLES
4. CASE NO: DAS20833-CEEX20160013525
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION
ADDRESS: 100 BAREFOOT WILLIAMS ROAD,NAPLES
5. CASE NO: DAS21139-CEEX20160013528
OWNER: ALEXI BAUTISTA
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1XB).
DOG BROUGHT INTO DAS BY A GOOD SAMARITAN.(RICO).
VIOLATION
ADDRESS: LELY RESORT,NAPLES
6. CASE NO: DAS21140-CEEX20160013533
OWNER: ALEXI BAUTISTA
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG BROUGHT INTO DAS BY A GOOD SAMARITAN.(LEO).
VIOLATION
ADDRESS: LELY RESORT,NAPLES
2
7. CASE NO: DAS20846-CEEX20160015001
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION
ADDRESS: 4967 PEPPER CIRCLE,NAPLES
8. CASE NO: DAS20847-CEEX20160015002
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION
ADDRESS: 4967 PEPPER CIRCLE,NAPLES
9. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(4). BOARDING CERTIFICATE EXPIRED.RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION
ADDRESS: 5444 MARTIN STREET,NAPLES
10. CASE NO: CEV20160006356
OWNER: JESUS CASTELLAN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A)AND 4.06.06(D)(5).DESIGNATED PARKING AREA THAT EXCEEDS OVER
40%.
FOLIO NO: 62260680004
VIOLATION
ADDRESS: 5345 JENNINGS STREET,NAPLES
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),SECTION 22-231(12)(I),AND SECTION 22-231(12)(C). BROKEN
WINDOWS,ROOF IN DISREPAIR.
FOLIO NO: 1132520004
VIOLATION
ADDRESS: 222 SWAIN STREET,NAPLES
3
12. CASE NO: CESD20160000876
OWNER: JOANN M.RANDOLPH
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1XA).UNPERMITTED PROPANE GAS TANK AND LINE INSTALLATION ON
IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 36455600003
VIOLATION
ADDRESS: 5020 32ND AVENUE SW,NAPLES
13. CASE NO: CEPM20160008116
OWNER: ALBERT HOUSTON SR.
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-236. THE COLLIER COUNTY BUILDING OFFICIAL HAS FOUND THAT
THE MAIN STRUCTURE AND THE TWO ACCESSORY BUILDINGS ARE DANGEROUS
AND UNSUITABLE FOR THE SAFE OCCUPANCY OF ITS INTENDED PURPOSE.
IMMEDIATE REPAIRS UP TO AND INCLUDING DEMOLITION OF THE STRUCTURES
ARE REQUIRED.
FOLIO NO: 25631200005
VIOLATION
ADDRESS: 216 S 4TH STREET,IMMOKALEE
14. CASE NO: CEV20150018410
OWNER: FREDDIE L.COMMODORE III
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.A WHITE CAR PARKED ON RESIDENTIAL ZONE AREA WITH AN
EXPIRED LICENSE PLATE.
FOLIO NO: 35646680008
VIOLATION
ADDRESS: 4301 23'PL SW,NAPLES
15. CASE NO: CESD20160005479
OWNER: JESSIE G.BRYAN JR.
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(E).THREE STRUCTURES IN THE REAR YARD OF THE PROPERTY THAT
ARE USED AS DOG PENS. STRUCTURES ARE MADE OUT OF MATERIAL INCLUDING
BUT NOT LIMITED TO WOOD AND METAL.
FOLIO NO: 39659240004
VIOLATION
ADDRESS: 4480 20TH STREET NE,NAPLES
16. CASE NO: CESD20150001965
OWNER: FABRICIO FERNANDEZ AND ALLISON J.FERNANDEZ 1
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
I0.02.06(B)(1)(A)AND 10.02.06(B)(1)(E).ADDITION TO THE EXISTING STRUCTURE
WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 36457240005
VIOLATION
ADDRESS: 5472 32ND AVENUE SW,NAPLES
4
17. CASE NO: CELU20160009872
OWNER: JOHN M.VAN PAGE III
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
2.02.03,5.02.03(C),5.02.03(D),5.02.03(I),AND 5.02.03(J).COMMERCIAL BUSINESS
BEING CONDUCTED ON ESTATES ZONED PROPERTY,EMPLOYEES PARKING THEIR
PERSONAL VEHICLES AT THE RESIDENCE,GENERATING MORE TRAFFIC THAN
WOULD BE ASSOCIATED WITH ALLOWABLE RESIDENTIAL USE,OUTDOOR
STORAGE SUCH AS,BUT NOT LIMITED TO,LANDSCAPING ITEMS,PALLETS,ETC.,
AND NO BUSINESS TAX RECEIPT(BTR)FOR HOME OCCUPATION.
FOLIO NO: 36960360003
VIOLATION
ADDRESS: 481 23RD STREET SW,NAPLES
18. CASE NO: CESD20160010796
OWNER: JOHN M.VAN PAGE III
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(BX1)(A),AND 10.02.06(BX 1)(E).LARGE OFFICE BUILDING AND/OR
STRUCTURE SETUP BEHIND MAIN HOUSE WITHOUT REQUIRED COLLIER COUNTY
BUILDING PERMITS.OFFICE IS BEING USED FOR THE ILLEGAL OPERATION OF A
COMMERCIAL LANDSCAPE COMPANY.
FOLIO NO: 36960360003
VIOLATION
ADDRESS: 481 23"STREET SW,NAPLES
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
2. CASE NO: CEPM20150001203
OWNER: COMO VENTURES LLC
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (12)(P)AND SECTION(19). MOLD AND UNSANITARY CONDITIONS
CREATING A SERIOUS HEALTH AND SAFETY ISSUE FOR THE ADJOINING UNIT.
FOLIO NO: 54052000004
VIOLATION
ADDRESS: 3990 ESTERO BAY LN,NAPLES
5
3. 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(12XC),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
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(BX1)(A)AND THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,
SECTION 105.1.UNPERMITTED STRUCTURES AND FENCE ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION
ADDRESS: 3440 22ND AVENUE SE,NAPLES
5. CASE NO: CEPM20160000880
OWNER: WILHEM VILBON AND GABRIELE I.BECKER
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND 22-231(12)(N). POOL WATER IS BLACK IN COLOR AND
SEVERAL SCREENS ON THE POOL CAGE ARE RIPPED/TORN.
FOLIO NO: 80707507305
VIOLATION
ADDRESS: 242 MONTEREY DRIVE,NAPLES
6. CASE NO: CESD20150015836
OWNER: CAMILO T.MARTINEZ
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(BX1XA). A CHICKEE TYPE STRUCTURE BUILT WITHOUT FIRST OBTAINING
THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS,AND
CERTIFICATE OF OCCUPANCY.
FOLIO NO: 77161960009
VIOLATION
ADDRESS: 1215 N 18TH STREET,IMMOKALEE
B. Rules and Regulations Review
6
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: November 4,2016,at 9:00 A.M. located at the Collier County Government Center,3299 East ,
Tamiami Trail,Building F,3rd Floor,Naples,Florida
XL ADJOURN
7
October 7, 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 9:25 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: 9:41 a.m.
Reconvened: 9:55 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted that 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:
• #11 - CASE NO: CEPM20150013681 - RICARDO DEJESUS & KATHLEAN DEJESUS
Under item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #15 - CASE NO: CESD20160005479 - JESSIE G. BRYAN JR.
• # 1 - CASE NO: PU5315-CEEX20160014307 - SAWGRASS PINES LLC
• #10 - CASE NO: CEV20160006356 -JESUS CASTELLAN
Under item V.B —Hearings, the following cases were withdrawn:
• #17 - CASE NO: CELU20160009872 -JOHN M. VAN PAGE III
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #2 - CASE NO: CEPM20150001203 - COMO VENTURES LLC.
• #3 - CASE NO: CEPM20160005051 - PARAMONT LAND CO. INC.
• #6 - CASE NO: CESD20150015836 - CAMILO T. MARTINEZ
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—September 2, 2016
The minutes of the September 2, 2016 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. Motion for Reduction/Abatement of fines
None
A. Motion for Continuance
1. CASE NO: CEPM20150013681
2
October 7, 2016
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), SECTION 22-231(12)(I),AND SECTION 22-231(12)(C). BROKEN
WINDOWS,ROOF IN DISREPAIR.
FOLIO NO: 1132520004
VIOLATION ADDRESS:222 SWAIN STREET,NAPLES
Investigator Athey represented the County.
Mr. DeJesus was present.
Christine Ammeran, Everglades Community Church testified on Mr. DeJesus's behalf that
the various church organizations in the area are undertaking fund raising efforts to have the
mobile home removed and replaced. She requested a Continuance in the case.
Investigator Athey did not object to the request reporting it is not a Health, Safety and Welfare
issue.
Special Magistrate Garretson GRANTED the Respondent's request and CONTINUED the
case until April 7, 2017.
B. Motion for Extension of Time
None
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: CESD20160005479
OWNER: JESSIE G.BRYAN JR.
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(E).THREE STRUCTURES IN THE REAR YARD OF THE PROPERTY THAT
ARE USED AS DOG PENS. STRUCTURES ARE MADE OUT OF MATERIAL INCLUDING
BUT NOT LIMITED TO WOOD AND METAL.
FOLIO NO: 39659240004
VIOLATION ADDRESS:4480 20'STREET NE,NAPLES
Investigator Odom requested the hearing.
The Stipulation was entered into by Jessie Bryan, Jr. on October 4, 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
November 7, 2016.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Demolition Permit(s) and required inspections and Certificate of Completion/Occupancy
by November 7, 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 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: $115.18
3
October 7, 2016
2. CASE NO: PU5315-CEEX20160014307
OWNER: SAWGRASS PINES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 118-66, SECTION(A). SPILLAGE
OUTSIDE OF DUMPSTER ENCLOSURE CONSISTING OF FOOD WASTE,KITCHEN
WASTE,CARDBOARD BOXES,BULK ITEMS,ETC.
FOLIO NO: 00199282409
VIOLATION ADDRESS: 5560 JONQUIL LANE,NAPLES
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent's representative Shawn Wingate on October
7, 2016.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of 500.00.
4. Total Charges are $555.00 to be paid by November 7, 2016.
Total Amount Due: $555.00
VI. PUBLIC HEARINGS (Continued)
A. Stipulations
3. CASE NO: CEV20160006356
OWNER: JESUS CASTELLAN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A)AND 4.06.06(D)(5).DESIGNATED PARKING AREA THAT EXCEEDS OVER
40%.
FOLIO NO: 62260680004
VIOLATION ADDRESS: 5345 JENNINGS STREET,NAPLES
Investigator Musse requested the hearing.
The Stipulation was entered into by Jesus Castellan on October 7, 2016.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case by
November 7, 2016.
2. Reduce the designated parking area so that it does not compromise an area greater than
40% of the required front yard which nonetheless may not serve to limit the driveway to a
width of less than 20 feet or any other County approved method to abate the violation by
February 7, 2017 or a fine of$50.00 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 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: $115.10
4
October 7, 2016
B. Hearings
2. CASE NO: DAS21141-CEEX20160013541
OWNER: OSCAR BETANCOURT
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34.FIFTH
IMPOUND AT DAS.DOG BROUGHT INTO DAS BY A GOOD SAMARITAN.
VIOLATION ADDRESS: 50 21ST ST NW,NAPLES
Officer McQueen was present.
Oscar and Mabel Betancourt were present.
Officer McQueen testified:
• That the dog was turned into the shelter 8 times.
• The dog has subsequently been adopted by another party.
• Previous fines were issued in the amount of$107 on 4/28/16 and $305 on 8/11/16.
• Based on the number of offenses the case has been brought to the Special Magistrate
where a fine of$350 - $500 may be imposed.
• The dog has not been found to be running at large since the new owner adopted the dog.
Mrs. Betancourt reported they moved and the dog continually tried to return to the area of the
previous residence and was not content in the new residence. As a result, they placed the dog up
for adoption.
Special Magistrate Garretson, after hearing the testimony found the respondent NOT GUILTY
given corrective action was taken by the owner.
Break: 10:45 a.m.
Reconvened: 10:55 a.m.
18. CASE NO: CESD20160010796
OWNER: JOHN M.VAN PAGE III
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A),AND 10.02.06(B)(1)(E). LARGE OFFICE BUILDING AND/OR
STRUCTURE SETUP BEHIND MAIN HOUSE WITHOUT REQUIRED COLLIER COUNTY
BUILDING PERMITS. OFFICE IS BEING USED FOR THE ILLEGAL OPERATION OF A
COMMERCIAL LANDSCAPE COMPANY.
FOLIO NO: 36960360003
VIOLATION ADDRESS:481 23RD STREET SW,NAPLES
Supervisor Mucha requested the hearing.
The Stipulation was entered into by the Respondent's representative Derek Jenks on October 7,
2016.
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
November 7, 2016.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Demolition Permit(s) and required inspections and Certificate of Completion for removal
of the mobile home by April 7, 2017 or a fine of$200.00 per day will be imposed until the
violation is abated.
5
October 7, 2016
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: $115.33
9. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(4). BOARDING CERTIFICATE EXPIRED. RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION ADDRESS:5444 MARTIN STREET,NAPLES
Investigator Athey represented the County.
Billy Johnson and Billy Johnson,Jr. were present and requested a continuation in the case.
Mr. Johnson has serious medical issues, lives out of town and his son is assisting to abate the
violation. They were unaware only the panes in the windows need replacement, not the entire
unit which will make the repairs easier and less costly.
Investigator Athey had no objection to the request given it is not a Health, Safety and Welfare
issue.
Special Magistrate Garretson, after hearing the testimony CONTINUED the case until
January 7, 2017.
16. CASE NO: CESD20150001965
OWNER: FABRICIO FERNANDEZ AND ALLISON J.FERNANDEZ
OFFICER: INVESTIGATOR JIM KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E).ADDITION TO THE EXISTING STRUCTURE
WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 36457240005
VIOLATION ADDRESS: 5472 32ND AVENUE SW,NAPLES
Investigator Kincaid represented the County.
Mr. Fernandez was present.
Pablo Juaraz,Jr. acted as Mr. Fernandez's interpreter and reported that the construction has
been completed and they are awaiting inspections by the County. He requested a Continuance in
the case.
Investigator Kincaid had no objection to the request.
Special Magistrate Garretson, after hearing the testimony CONTINUED the case until
November 4, 2016.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. CASE NO: CEPM20160000880
OWNER: WILHEM VILBON AND GABRIELE I.BECKER
6
October 7, 2016
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND 22-231(12)(N). POOL WATER IS BLACK IN COLOR AND
SEVERAL SCREENS ON THE POOL CAGE ARE RIPPED/TORN.
FOLIO NO: 80707507305
VIOLATION ADDRESS:242 MONTEREY DRIVE,NAPLES
Wilhem Vilbon was present.
Investigator Connetta presented the case noting the violation has been partially abated by the
County.
Special Magistrate Order: 6/3/16 No. 5283 - Page: 2734
Fine Amount: Part A and Part B: $250.00/day
Duration: Part A: 6/11/16—8/5/16 (56 days); Part B: 6/11/16— 10/7/16 (111 days)
Total Fine Amount: Part A: $14,000.00; Part B: $27,750.00
Unpaid Abatement Costs: $2,000.00
Unpaid Operational Costs: $229.98
Total to Date: $43,979.98
Mr. Vilbon testified:
• That he was out of town when the violations were brought to his attention and he did not
have the necessary funds on hand to immediately address the issue.
• He filed an insurance claim and the claim was approved however the checks were issued
in his name to a 3rd party and he could not cash them and utilize the funds for the repairs.
• He contacted the necessary parties to resolve the insurance matter and the checks are now
being issued in his name and he can pay the abatement costs and finish the required
repairs.
Investigator Connetta testified that the County abated the swimming pool violation however
the pool screens are still in need of repair.
Special Magistrate Garretson, after hearing the testimonty CONTINUED the case until the
next hearing date.
V. PUBLIC HEARINGS
B. Hearings
3. CASE NO: DAS20832-CEEX20160013527
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION ADDRESS: 100 BAREFOOT WILLIAMS ROAD,NAPLES
4. CASE NO: DAS20833-CEEX20160013525
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION ADDRESS: 100 BAREFOOT WILLIAMS ROAD,NAPLES
5. CASE NO: DAS21139-CEEX20160013528
OWNER: ALEXI BAUTISTA
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG BROUGHT INTO DAS BY A GOOD SAMARITAN. (RICO).
7
October 7, 2016
VIOLATION ADDRESS:LELY RESORT,NAPLES
6. CASE NO: DAS21140-CEEX20160013533
OWNER: ALEXI BAUTISTA
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG BROUGHT INTO DAS BY A GOOD SAMARITAN. (LEO).
VIOLATION ADDRESS:LELY RESORT,NAPLES
7. CASE NO: DAS20846-CEEX20160015001
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION ADDRESS:4967 PEPPER CIRCLE,NAPLES
8. CASE NO: DAS20847-CEEX20160015002
OWNER: ALEXI BAUTISTA
OFFICER: TAD BARTAREAU
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION ADDRESS:4967 PEPPER CIRCLE,NAPLES
(Cases 3—8 were combined)
Officers Tad Bartareau and Hannah McQueen represented the County and testified:
• That all of the cases are similar in nature and involve 2 dogs running at large.
• From February of 2015 through August of 2016 "Leo"has been impounded 11 times and
"Rico" impounded 10 times.
• Fines in the past have been issued in the amount of$107.00 and $305.00 and the recent
case is now brought forth to the Special Magistrate.
Alexi Bautista was present and testified:
• That their yard is "fenced in"but the dogs manage to escape however do remain in the
neighborhood.
• The activity was generally occurring when no one was home, however work schedules
have changed and someone is now on premise during the daytime.
Officer Bartareau reported that the dogs are well natured and the issue is the dogs remaining
confined to the property. He recommended Mr. Bautista be allowed to develop a confinement
plan with the assistance of the County and report back to the Special Magistrate on the progress.
Special Magistrate Garretson, after hearing the testimony deferred the ruling for 60 days and
Ordered the Respondent to meet with Domestic Animal Services personnel a minimum of 2
times (one for educational purposes, the second for review of a confinement plan) to
determine the corrective action that may be taken to confine the dogs to the property. The item
to be heard under the Reports section of a future meeting Agenda(s).
Break: 12:07 p.m.
Reconvened: 12:15 p.m.
12. CASE NO: CESD20160000876
OWNER: JOANN M.RANDOLPH
OFFICER: INVESTIGATOR JIM KINCAID
8
October 7, 2016
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A).UNPERMITTED PROPANE GAS TANK AND LINE INSTALLATION ON
IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 36455600003
VIOLATION ADDRESS: 5020 32ND AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/21/16
Date of Hearing Notice Property/Courthouse Posting: 9/26/16
Investigator Kincaid presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: Photos dated 2/2/16
Composite Exhibit B: Photos dated 6/1/16
Exhibit C: Code Deficiency Declaration from the Building
Dept.
The violation remains as of 10/7/16
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$115.25 incurred in the prosecution of the case by
November 7, 2016.
2. Abate all violations by obtaining all required Permit(s) inspections through and including
a Certificate of Occupancy/Completion required for described structure/improvements or
must apply for and obtain permits and inspections through a Certificate of
Occupancy/Completion to remove said structure/improvements including materials from
property and restore to a permitted state by November 7, 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 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: $115.25
13. CASE NO: CEPM20160008116
OWNER: ALBERT HOUSTON SR.
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-236. THE COLLIER COUNTY BUILDING OFFICIAL HAS FOUND THAT
THE MAIN STRUCTURE AND THE TWO ACCESSORY BUILDINGS ARE DANGEROUS
AND UNSUITABLE FOR THE SAFE OCCUPANCY OF ITS INTENDED PURPOSE.
IMMEDIATE REPAIRS UP TO AND INCLUDING DEMOLITION OF THE STRUCTURES
ARE REQUIRED.
FOLIO NO: 25631200005
VIOLATION ADDRESS:216 S 4TH STREET, IMMOKALEE
Date of Hearing Notice by Certified Mail: 9/21/16
Date of Hearing Notice Property/Courthouse Posting: 9/22/16
Supervisor Mucha presented the case.
The Respondent was not present.
9
October 7, 2016
Evidence Entered: Composite Exhibit A: photos of property
Exhibit B: aerial photo of property
Exhibit C: Declaration of a Dangerous Building
The violation remains as of 10/7/16
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$115.18 incurred in the prosecution of the case by
November 7, 2016.
2. Abate all violations by obtaining all required Demolition Permit(s) and required
inspections and Certificate of Completion by November 7, 2016 or a fine of$250.00 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 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: $115.18
14. CASE NO: CEV20150018410
OWNER: FREDDIE L.COMMODORE III
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.A WHITE CAR PARKED ON RESIDENTIAL ZONE AREA WITH AN
EXPIRED LICENSE PLATE.
FOLIO NO: 35646680008
VIOLATION ADDRESS:4301 23RD PL SW,NAPLES
Date of Hearing Notice by Certified Mail: 9/21/16
Date of Hearing Notice Property/Courthouse Posting: 9/20/16
Investigator Rodriguez presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos
Composite'Exhibit B: 2 photos
The violation remains as of 10/7/16
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by
November 7, 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, and/or repair the defects
so vehicle is immediately operable or remove offending vehicles from residentially zoned
area by October 14, 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
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October 7, 2016
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: $115.25
C. Emergency Cases:
None
VII. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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: 9/21/16
Date of Hearing Notice Property/Courthouse Posting: 9/20/16
The Respondents were not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: 8/5/16
Fine Amount: $250.00/day
Duration: 9/7/16 —10/7/16 (31 days)
Total Fine Amount: $7,750.00
Unpaid Operational Costs: $230.21
Total to Date: $7,980.21
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$7,980.21.
Said amount to become a lien on the property with fines continuing to accrue.
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 105.1.UNPERMITTED STRUCTURES AND FENCE ON THE PROPERTY.
FOLIO NO: 41221240006
VIOLATION ADDRESS: 3440 22ND AVENUE SE,NAPLES
Date of Hearing Notice by Certified Mail: 9/21/16
Date of Hearing Notice of Personal Service: 9/26/16
The Respondents were not present.
Investigator Asaro presented the case noting the violation has not been abated.
Special Magistrate Order: 6/3/16
Fine Amount: $100.00/day
11
October 7, 2016
Duration: 96 days
Total Fine Amount: $9,600.00
Unpaid Operational Costs: $230.28
Total to Date: $9,830.28
Finding the Notice of Hearing was properly served, Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$9,830.28.
Said amount to become a lien on the property with fines continuing to accrue.
B. Rules and Regulations Review
Continued to the next meeting.
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: November 4, 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 12:50 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
r
enda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on 9r clot ko , as presented ✓or
as amended
12