CESM Minutes 11/04/2016 November 4, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 4, 2016
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Jeff Letourneau, Manager of Inspectors
Kerry Adams, Code Enforcement Specialist
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: November 4,2016 at 9:00 A.M.
LOCATION: Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
1. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—October 7,2016
IV. MOTIONS
A. Motion for Reduction/Abatement of fines
1. 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 16T"AVENUE SW,NAPLES
B. Motion for Continuance
C. Motion for Extension of Time
1
V. PUBLIC HEARINGS
A. Stipulations
B. Hearings
1. CASE NO: S0181929-CEEX20160005243
OWNER: ARTHUR KLINK
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,NO PLACARD VISIBLE
VIOLATION
ADDRESS: WALMART AT 41 AND IMMOKALEE,NAPLES
2. 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
3. CASE NO: PR056024-CEEX20160015770
OWNER: DEMELLO FRENCH AND TARAH MARIA FRENCH
OFFICER: PARK RANGER JIMMY ALANIZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: SOUTH BEACH ACCESS
4. CASE NO: PU5317-CEEX20160016218
OWNER: ISLAND WALK HOMEOWNERS ASSOC INC.
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 54-368 SECTION(5XA).IRRIGATION OPERATING IN COMMONS AREA
OUTSIDE OF DESIGNATED DAYS.(OPERATING ON WEDNESDAY).
FOLIO NO: 52752010082
VIOLATION
ADDRESS: 6795 VANDERBILT BEACH RD,NAPLES
2
5. CASE NO: PU5320-CEEX20160016401
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1).WATER HOSE CONNECTED TO PVC PIPE
CROSSING THE ROAD TO ANOTHER PROPERTY.
FOLIO NO: 31347510565
VIOLATION
ADDRESS: 8764 BELLANO CT,NAPLES
6. CASE NO: DAS20432-CEEX20160016390
OWNER: MICHAEL LOPEZ
OFFICER: DANIEL GROSSI
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE,BROUGHT TO DAS BY A GOOD SAMARITAN.FIFTH
OFFENSE.
VIOLATION
ADDRESS: 7610 DAVIS BLVD,NAPLES
7. CASE NO: DAS20655-CEEX20160016923
OWNER: ALEXI BAUTISTA
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION
ADDRESS: 385 FOREST HILLS BLVD,NAPLES
8. CASE NO: DAS20656-CEEX20160016924
OWNER: ALEXI BAUTISTA
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION
ADDRESS: 385 FOREST HILLS BLVD,NAPLES
9. 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
3
10. 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 1 GENERALLY,SECTION 110-30 AND 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.
FOLIO NO: 38226240001
VIOLATION
ADDRESS: 5890 CEDAR TREE LANE,NAPLES
11. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(5),SECTION 22-231(11),SECTION 22-231(12XC),SECTION 22-
231(12)(N),SECTION 22-231(13),AND SECTION 22-231(15). POOL WATER IS GREEN IN
COLOR,SCREENS ON POOL CAGE ARE TORN/RIPPED,EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE,KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION
ADDRESS: 2172 41ST TERRACE SW,NAPLES
12. CASE NO: CEAU20160008281
OWNER: HAMPEL PROPERTIES INVESTMENT LLC
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,SECTION 105.1 AND COLLIER
COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 5.03.02(F)(5).
FENCE INSTALLED PRIOR TO OBTAINING REQUIRED COLLIER COUNTY BUILDING
PERMIT.FENCE NOT CONSTRUCTED/INSTALLED WITH THE FINISHED SIDE OUT.
FOLIO NO: 40865280009
VIOLATION
ADDRESS: 3670 8TH AVENUE SE,NAPLES
13. CASE NO: CEV20160012127
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. A WHITE DODGE VAN WITH NO LICENSE PLATE AFFIXED TO IT.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 2511 STREET SW,NAPLES
4
14. CASE NO: CEPM20160012130
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1)AND SECTION 22-231(12)(N). BARN ROOF IN DISREPAIR,FENCE
IN DISREPAIR.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 25T"STREET SW,NAPLES
15. CASE NO: CEPM20150010212
OWNER: ALEJANDRA BRITO EMBRIZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-229.OCCUPIED DWELLING DECLARED A DANGEROUS BUILDING BY
THE BUILDING INSPECTOR.
FOLIO NO: 63856040002
VIOLATION
ADDRESS: 612 JEFFERSON AVENUE W,IMMOKALEE
C. Emergency Cases:
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. 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
2. CASE NO: CEPM20160007563
OWNER: GMAC MORTGAGE LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(1)AND 22-242. UNSECURED VACANT DWELLING WITH BROKEN
SLIDER DOOR WINDOW.
FOLIO NO: 36245440004
VIOLATION
ADDRESS: 5071 19T"CT SW,NAPLES
5
3. CASE NO: CEPM20160006341
OWNER: DEUTSCHE BANK NAIL TR CO TR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(1). BOARDING CERTIFICATE REQUIRED.
FOLIO NO: 62201400007
VIOLATION
ADDRESS: 5392 CAROLINA AVENUE,NAPLES
4. CASE NO: CESD20150002724
OWNER: GOODLAND RIVERFRONT LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). TWO ALUMINUM UTILITY SHEDS ADDED TO IMPROVED
COMMERCIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,
INSPECTIONS,AND CERTIFICATE OF COMPLETION.
FOLIO NO: 01056880008
VIOLATION
ADDRESS: 127 BAYSHORE WAY,GOODLAND
B. Rules and Regulations Review
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: December 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
6
November 4, 2016
Any person who decides to appeal a decision of the Special Magistrate will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier
County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:19 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: 9:41 am
Reconvened: 10:12am
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under item V.B —Hearings, the following case was moved to V.0—Motion for Continuance:
• #10-CASE NO: CEROW20150007745- MATTHEW L.JUMPER
• #11 -CASE NO: CEPM20160010488-RONALD ABEL
• #9-CASE NO: CESD20150001965-FABRICIO FERNANDEZ AND ALLISON J.FERNANDEZ
• #4-CASE NO: PU5317-CEEX20160016218-ISLAND WALK HOMEOWNERS ASSOC INC.
Under VI.A —Motion for Imposition of Fines,the following case was moved to IV.B—Motion for
Continuance:
• #4-CASE NO: CESD20150002724- GOODLAND RIVERFRONT LLC
Addition of Item IV.D—Motion for Dismissal
• #1 -CASE NO: S0181929-CEEX20160005243-ARTHUR KLINK
Under item V.B—Hearings,the following cases were moved to V.A—Stipulations:
• #5-CASE NO: PU5320-CEEX20160016401-TAYLOR MORRISON ESPLANADE NAPLES LLC
• #15-CASE NO: CEPM20150010212-ALEJANDRA BRITO EMBRIZ
Under item V.B—Hearings, the following cases were withdrawn:
• #2-CASE NO: PR055966-CEEX20160007223-DOUGLAS SHREVES
• #12-CASE NO: CEAU20160008281-HAMPEL PROPERTIES INVESTMENT LLC
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—October 7,2016
The minutes of the October 7, 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: CEPM20160005051
2
November 4, 2016
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
Bruce Anderson of Cheffy Passidomo, P.A. represented the Respondent and requested the fines
be waived noting:
• The violation was abated by demolishing the building at a cost of$11,000.
• The Respondent was in constant communication with the Investigator during the case.
• The owner has never been issued any other violations by the County.
Investigator Athey 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: CESD20150002724
OWNER: GOODLAND RIVERFRONT LLC
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). TWO ALUMINUM UTILITY SHEDS ADDED TO IMPROVED
COMMERCIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,
INSPECTIONS,AND CERTIFICATE OF COMPLETION.
FOLIO NO: 01056880008
VIOLATION ADDRESS: 127 BAYSHORE WAY,GOODLAND
Neil Snyder, Attorney represented the Respondent requesting a Continuance in the case noting:
• He has been retained to assist in abating the violation.
• The owner leases the property and the tenant has been made aware of the violation and is
abating it.
• It is anticipated the abatement will occur over the next 7— 14 days.
Investigator Asaro had no objection to the request as it is not a Health, Safety and Welfare
issue.
Special Magistrate CONTINUED the case until January 6, 2017.
2. 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 1 GENERALLY, SECTION 110-30 AND 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.
FOLIO NO: 38226240001
VIOLATION ADDRESS:5890 CEDAR TREE LANE,NAPLES
Mr. Jumper requested a Continuance in the case in writing reporting the permit has been issued
and the culvert is on site ready to be installed, however it will take some time to finish the
driveway and obtain final inspections.
3
November 4, 2016
Investigator Pulse had no objection to the request.
Special Magistrate Garretson CONTINUED the case until May 5, 2017.
3. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(5),SECTION 22-231(11), SECTION 22-231(12)(C), SECTION 22-
231(12)(N), SECTION 22-231(13),AND SECTION 22-231(15). POOL WATER IS GREEN IN
COLOR, SCREENS ON POOL CAGE ARE TORN/RIPPED,EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE,KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION ADDRESS:2172 41ST TERRACE SW,NAPLES
Mr. Abel was present and requested a continuance to the case reporting:
• The tenant in the process of being evicted with a hearing scheduled November 15, 2016.
• The tenant in question will not allow him to abate the violation as she calls the police any
time he is on site or she vandalizes his equipment.
• The pool will be abated as soon as he is allowed to enter the premise.
Respondent Evidence Entered: Exhibit A: 1 photo dated 11/3/16 of Mr. Abel measuring the
window for replacement.
Exhibit B: Receipt for purchase of glass for the window.
Investigator Connetta had no objection to the request.
Special Magistrate Garretson CONTINUED the case to the December 2, 2016 hearing date.
4. CASE NO: PU5317-CEEX20160016218
OWNER: ISLAND WALK HOMEOWNERS ASSOC INC.
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 54-368 SECTION(5)(A). IRRIGATION OPERATING IN COMMONS AREA
OUTSIDE OF DESIGNATED DAYS.(OPERATING ON WEDNESDAY).
FOLIO NO: 52752010082
VIOLATION ADDRESS: 6795 VANDERBILT BEACH RD,NAPLES
The Respondent was not present but requested a Continuance in the case in writing.
Investigator Quintero had no objection to the request.
Special Magistrate Garretson CONTINUED the case to the December 2, 2016 hearing date.
5. 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 321'1D AVENUE SW,NAPLES
4
November 4, 2016
The Respondent was not present but requested a Continuance in the case in writing.
Investigator Kincaid had no objection to the request.
Special Magistrate Garretson CONTINUED the case to the January 6, 2017 hearing date.
C. Motion for Extension of Time
None
D. Motion for Dismissal
1. CASE NO: S0181929-CEEX20160005243
OWNER: ARTHUR KLINK
OFFICER: DEPUTY HILL
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE,NO PLACARD VISIBLE
VIOLATION ADDRESS:WALMART AT 41 AND IMMOKALEE,NAPLES
Mr. Klink was not present but filed a motion in writing to dismiss the case.
Deputy Hill represented the County and left the decision to the Magistrates discretion.
Special Magistrate Garretson GRANTED Mr. Klink's Motion for Dismissal.
V. PUBLIC HEARINGS
A. Stipulations
1. CASE NO: PU5320-CEEX20160016401
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1). WATER HOSE CONNECTED TO PVC PIPE
CROSSING THE ROAD TO ANOTHER PROPERTY.
FOLIO NO: 31347510565
VIOLATION ADDRESS:8764 BELLANO CT,NAPLES
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent's representative Jeff Burnham on October
27, 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.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$250.00.
4. Total Amount due is $305.00.
2. CASE NO: CEPM20150010212
OWNER: ALEJANDRA BRITO EMBRIZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-229.OCCUPIED DWELLING DECLARED A DANGEROUS BUILDING BY
THE BUILDING INSPECTOR.
FOLIO NO: 63856040002
VIOLATION ADDRESS:612 JEFFERSON AVENUE W,IMMOKALEE
Investigator Connetta requested the hearing.
The Stipulation was entered into by the Alejandra Brit 0 Embriz on October 31, 2016.
5
November 4, 2016
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by
December 4, 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 February 4, 2017 or a fine of$200.00 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: $115.25
B. Hearings
6. CASE NO: DAS20432-CEEX20160016390
OWNER: MICHAEL LOPEZ
OFFICER: DANIEL GROSSI
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE,BROUGHT TO DAS BY A GOOD SAMARITAN.FIFTH
OFFENSE.
VIOLATION ADDRESS:7610 DAVIS BLVD,NAPLES
Officer Grossi was present.
Mr. Lopez was present and testified:
• He appeared before the Magistrate 2 years ago for the same dog running at large and has
not had any incidents until this event.
• He remedied the situation by leaving the dog at home when he goes to work at his
business.
• The day in question, air conditioning service personnel were doing work at his house so
he had to take the dog with him to work.
• When he arrived and was attending to a customer, the dog ran off.
• He notified animal control immediately and searched for the dog but could not locate
him.
• Later in the day, DAS representatives notified him the dog had been picked up by a Good
Samaritan.
• He paid a$125.00 fee for the incident.
Officer Grossi testified this is the 7th incident involving the dog and the 5th Citation issued and a
maximum fine of$500.00 may be imposed.
Special Magistrate UPHELD the Citation issued by the County and ordered the Respondent to
pay a fine of$250.00, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total
amount due of$305.00 by January 4, 2017.
She recommended, and Mr. Lopez agreed, he should seek some form of obedience training for
the dog.
6
November 4, 2016
7. CASE NO: DAS20655-CEEX20160016923
OWNER: ALEXI BAUTISTA
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(RICO).
VIOLATION ADDRESS:385 FOREST HILLS BLVD,NAPLES
8. CASE NO: DAS20656-CEEX20160016924
OWNER: ALEXI BAUTISTA
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B).
DOG RUNNING AT LARGE(LEO).
VIOLATION ADDRESS: 385 FOREST HILLS BLVD,NAPLES
Cases 7 and 8 were combined.
Ms. Adams reported the cases were deferred for 60 days pending a meeting with Domestic
Animal Services personnel to determine what measures Mr. Bautista could take to address the
issue.
Officer Whaley testified:
• On October 7, 2016 the dogs were picked up for running at large and turned into
Domestic Animal Services.
• Mr. Bautista surrendered the dog"Leo,"the animal that appears to be the instigator.
• Since that time there has not been a running at large incident involving"Rico."
Special Magistrate Garretson ordered the Respondent to pay$50.00 in Operational Costs, a
$5.00 Administrative Fee and imposed a "Conditional Fine"of$250.00 for a period of 30
days. Should an incident occur between today's hearing and December 4, 2016, the fine will
not be required to be paid; if an incident occurs in this time frame, the $250.00 fine will be
required to be paid to the County.
Total Amount Due: $55.00 to be paid by December 4, 2016.
Break: 11:29am
Reconvened: 11:59pm
3. CASE NO: PR056024-CEEX20160015770
OWNER: DEMELLO FRENCH AND TARAH MARIA FRENCH
OFFICER: PARK RANGER JIMMY ALANIZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS: SOUTH BEACH ACCESS
Park Ranger Maunz represented the County.
The Respondent was not present.
Special Magistrate Garretson UPHELD the CITATION issued by the County and ordered the
Respondent to pay a $30.00 fine, $50.00 in Operational Costs and a $5.00 Administrative Fee
for a total amount due of$85.00 by December 4, 2016.
13. CASE NO: CEV20160012127
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
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November 4, 2016
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. A WHITE DODGE VAN WITH NO LICENSE PLATE AFFIXED TO IT.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 10/19/16
Date of Hearing Notice Property/Courthouse Posting: 10/20/16
Investigator Odom presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos dated 8/1/16
Exhibit B: 1 photo dated 10/18/16
Exhibit C: Areial photo of property
Finding the Notice of Hearing was properly served, the Special Magistrate 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
December 4, 2016.
2. Abate all violations by obtaining and affixing a current valid license plate to the vehicle
not stored within the confines of a completely enclosed structure, or store said vehicles
within a completely enclosed structure or repair defects so the vehicle(s) is immediately
operable or remove offending vehicles from residentially zoned area by December 4, 2016
or a fine of$50.00 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: $115.33
14. CASE NO: CEPM20160012130
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1)AND SECTION 22-231(12)(N). BARN ROOF IN DISREPAIR,FENCE
IN DISREPAIR.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW,NAPLES
Date of Hearing Notice by Certified Mail: 10/19/16
Date of Hearing Notice Property/Courthouse Posting: 10/20/16
Investigator Odom presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 8/5/16.
Exhibit B: 1 photo dated 8/15/16
Exhibit C: 1 photo dated 9/1/16
Exhibit D: 1 aerial photo of the property.
The violation remains as of 11/4/16.
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November 4, 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$115.55 incurred in the prosecution of the case by
December 4, 2016.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion for repair of the fence and repair of the barn and/or removal of the
said accessory structures by December 4, 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: $115.55
C. Emergency Cases:
None
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. CASE NO: CEPM20160007563
OWNER: GMAC MORTGAGE LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I)AND 22-242. UNSECURED VACANT DWELLING WITH BROKEN
SLIDER DOOR WINDOW.
FOLIO NO: 36245440004
VIOLATION ADDRESS: 5071 19TH CT SW,NAPLES
Date of Hearing Notice by Certified Mail: 10/19/16
Date of Hearing Notice Property/Courthouse Posting: 10/19/16
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 9/2/16
Fine Amount: $250.00/day
Duration: 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.
3. CASE NO: CEPM20160006341
OWNER: DEUTSCHE BANK NATL TR CO TR
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(1). BOARDING CERTIFICATE REQUIRED.
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November 4, 2016
FOLIO NO: 62201400007
VIOLATION ADDRESS: 5392 CAROLINA AVENUE,NAPLES
Date of Hearing Notice by Certified Mail: 10/19/16
Date of Hearing Notice Property/Courthouse Posting: 10/19/16
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 9/2/16
Fine Amount: $100.00/day
Duration: 56 days
Total Fine Amount: $5,600.00
Unpaid Operational Costs: $230.21
Total to Date: $5,830,21
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$5,830.21.
Said amount to become a lien on the property with fines continuing to accrue.
B. Rules and Regulations Review
Ms. Adams reported the Rules and Regulations have been amended. She provided an overview of
the changes noting the language in certain sections has been clarified with no material changes to the
document.
Special Magistrate Garretson adopted the Rules and Regulations as presented and stated they
would take effect immediately following the adjournment of today's hearing.
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: December 2,2016, at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida
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November 4, 2016
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:25PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
-1)\, (\r _.1 ' L -
Brenda Garretson, Special Magistrate
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