CESM Minutes 12/02/2016 December 2, 2016
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 2, 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
Danny Blanco, Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: December 2,2016 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
HI. APPROVAL OF MINUTES—November 4,2016
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: 50169626-CEEX20160019085
OWNER: BARBARA FREIBERG
OFFICER: DEPUTY PEDRO CACERAS
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA,PARKED IN THE STREET
VIOLATION
ADDRESS: 2265 44TH TER SW,NAPLES
1
2. CASE NO: PR056978-CEEX20160018849
OWNER: RACHEL WROBEL
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: GULF SHORE ACCESS,NAPLES
3. 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
4. CASE NO: PU5369-CEEX20160019039
OWNER: WINDSONG CLUB APTS LLC
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: SECTION 118-64.LITTER ON GROUND CONSISTING OF OPEN GARBAGE BAGS,FOOD,
FOOD CONTAINERS,ETC.
FOLIO NO: 00197960008
VIOLATION
ADDRESS: 11096 WINDSONG CIRCLE,NAPLES
5. CASE NO: PU5321-CEEX20160017638
OWNER: SD ESPLANADE LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1). WATER HOSE CROSSING ROADWAY
CONNECTED TO ONE PROPERTY SERVICING ANOTHER PROPERTY.WARNING
GIVEN ONCE BEFORE AND EMPLOYEES OF STOCK DEVELOPMENT ATTENDED
TAILGATE MEETING.
FOLIO NO: 31347550224
VIOLATION
ADDRESS: 8985 ARREZO CT,NAPLES
6. 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
2
7. CASE NO: CEPM20160014886
OWNER: VICENTE PINERO EST AND ROQUELINA PINERO EST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I). BROKEN AND UNSECURE WINDOWS AND DOORS.
FOLIO NO: 62205400003
VIOLATION
ADDRESS: 5395 CAROLINA AVENUE,NAPLES
8. CASE NO: CEPM20160012784
OWNER: IRIS LABRIE
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). WATER IN FISH POND(KOI POND)IS DARK GREEN IN COLOR
AND NOT BEING MAINTAINED.
FOLIO NO: 55901120005
VIOLATION
ADDRESS: 266 6TH STREET WEST,BONITA SPRINGS
9. CASE NO: CEPM20160016016
OWNER: MICHAEL A.HICKEY JR.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 53750880006
VIOLATION
ADDRESS: 4415 LAKEWOOD BLVD,NAPLES
10. CASE NO: CEPM20160011691
OWNER: BANK OF NEW YORK
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12x1),22-231(12)(N),AND 22-242. UNSECURED VACANT DWELLING
WITH TORN SCREENS,BROKEN WINDOWS,AND UNSECURED DOORS ALLOWING
ACCESS INTO THE STRUCTURE.
FOLIO NO: 64701125880
VIOLATION
ADDRESS: 1118 GROVE DRIVE,NAPLES
11. CASE NO: CEPM20160014449
OWNER: PETER WESSEL IRREV TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12XB)(I)(L).DAMAGED ROOF AND EXTERIOR WALLS.
BROKEN/MISSING WINDOWS.TORN/RIPPED POOL ENCLOSURE SCREEN.
FOLIO NO: 49582200004
VIOLATION
ADDRESS: 6 DERHENSON DRIVE,NAPLES
3
12. CASE NO: CELU20160015851
OWNER: TYLINSKI PROPERTIES LLC
OFFICER: INVESTIGATOR FRANK BALZANO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
1.04.01(A)AND 2.02.03. ILLEGAL OUTSIDE STORAGE CONSISTING OF BUT NOT
LIMITED TO DECORATIVE TYPE CLAY/LANDSCAPE POTS,CONSTRUCTION
MATERIAL,WOODEN PALLETS,AND OTHER VARIOUS TYPES OF LOOSE
MATERIALS.
FOLIO NO: 60782160004
VIOLATION
ADDRESS: 11342 TAMIAMI TRAIL EAST,NAPLES
13. CASE NO: CEPM20160013889
OWNER: JP MORGAN MRTG TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(11),22-231(12XC)(B),22-231(19). ROOF/SOFFIT IN DISREPAIR.
EXTERIOR SIDING OF STRUCTURE IN DISREPAIR.MOLD ON EXTERIOR SURFACE OF
STRUCTURE.NO ELECTRICITY IN DWELLING.
FOLIO NO: 36764920005
VIOLATION
ADDRESS: 3480 5TH AVENUE SW,NAPLES
14. CASE NO: CEPM20160016255
OWNER: JOSEPHINE A.GIROUX EST
OFFICER: INVESTIGATOR JUAN SERNA HERRERA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). POOL NOT BEING MAINTAINED,POOL WATER IS DARK GREEN
WITH CLUMPS OF ALGAE FORMING ON THE POOL STAIRS AND AROUND POOL.
FOLIO NO: 69060108129
VIOLATION
ADDRESS: 14203 FALL CREEK CT,NAPLES
15. CASE NO: CEV20160014329
OWNER: HENRIOT BELONY AND ALODIE BELONY
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
4.05.03(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,
ARTICLE III,SECTION 130-95.VEHICLES PARKED ON THE GRASS AND ONE
UNLICENSED VEHICLE.
FOLIO NO: 62102120101
VIOLATION
ADDRESS: 5465 HARDEE STREET,NAPLES
16. CASE NO: CEPM20160014068
OWNER: JOSE A.DELGADO AND TAMMY B. DELGADO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 24690000409
VIOLATION
ADDRESS: 3407 FUCHSIA CT,NAPLES
4
17. CASE NO: CEAU20160016271
OWNER: RICHARD L.GOSSARD JR.AND EVONNE M. ESTEP
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE II,
SECTION 22-26(B),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED,SECTION 10.02.06(B)(1)(E)(I),AND 2014 FLORIDA BUILDING CODE, 5T1
EDITION,CHAPTER 1,PART 2,SECTION 105.1.PERMIT#2001011690 FOR A CHAIN
LINK FENCE EXPIRED WITHOUT FIRST OBTAINING ALL REQUIRED INSPECTIONS
AND CERTIFICATE OF COMPLETION.
FOLIO NO: 62156880002
VIOLATION
ADDRESS: 5310 SHOLTZ STREET,NAPLES
18. CASE NO: CEV20160012909
OWNER: CECELIA GREGORIO AND CHARLES BOYLE
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY.
FOLIO NO: 40421080009
VIOLATION
ADDRESS: 1940 DESOTO BLVD N,NAPLES
19. CASE NO: CEROW20160000940
OWNER: ALVUS M.PERKINS EST,KYLE JUSTIN FRITSCH,AND CAROL P.FRITSCH
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,SECTION 110-31(A)AND SECTION 110-30.DRIVEWAY IS COLLAPSING DUE
TO A BAD PIPE WHICH IS CAUSING DRAINAGE PROBLEMS.
FOLIO NO: 38160480008
VIOLATION
ADDRESS: 6311 COPPER LEAF LN,NAPLES
B. Emergency Cases:
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
1. 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
B. Motions for Imposition of Fines and Lien:
1. 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
2. CASE NO: CEPM20160006415
OWNER: TRACEY DEWRELL AND MARA DEWRELL
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
WINDOWS.
FOLIO NO: 35755120006
VIOLATION
ADDRESS: 4301 20TH PL SW,NAPLES
3. CASE NO: CEAU20160004820
OWNER: TINA M.FOGLE
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,SECTION 105.1. FENCE
INSTALLED WITHOUT A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 37593840009
VIOLATION
ADDRESS: 521 18TH AVENUE NW,NAPLES
4. 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)(1)(A).UNPERMITTED PROPANE GAS TANK AND LINE INSTALLATION ON
IMPROVED RESIDENTIAL PROPERTY.
FOLIO NO: 36455600003
VIOLATION
ADDRESS: 5020 32ND AVENUE SW,NAPLES
5. 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
6
VIII. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
B. Motions to Rescind Previously Issued Order:
IX. 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
X. REPORTS
1. 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
2. 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
3. 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).
VIOLATION
ADDRESS: LELY RESORT,NAPLES
4. 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
5. 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
6. 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
XI. NEXT MEETING DATE: January 6, 2017, at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail,Building F,3rd Floor,Naples,Florida
XII. ADJOURNMENT
8
December 2, 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 9:03 A.M. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the Hearing,Respondents were given an opportunity to speak with their Investigating
Officers for a'Resolution by Stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
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 Item V.0 —Motion for Continuance:
• #11 -CASE NO: CEPM20160014449-PETER WESSEL IRREV TRUST
• #8-CASE NO: CEPM20160012784-IRIS LABRIE
Under Item V.B—Hearings, the following cases were moved to Item V.A— Stipulations:
• #6-CASE NO: CEPM20160010488-RONALD ABEL
• #12-CASE NO: CELU20160015851 -TYLINSKI PROPERTIES LLC.
• #5-CASE NO: PU5321-CEEX20160017638-SD ESPLANADE LLC
• #19-CASE NO: CEROW20160000940-ALVUS M.PERKINS EST,KYLE JUSTIN FRITSCH,AND
CAROL P.FRITSCH
Under Item V.B Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0169626-CEEX20160019085-BARBARA FREIBERG
• #3 -CASE NO: PU5317-CEEX20160016218-ISLAND WALK HOMEOWNERS ASSOC INC.
• #10-CASE NO: CEPM20160011691 -BANK OF NEW YORK
• #14-CASE NO: CEPM20160016255-JOSEPHINE A.GIROUX EST
• #15 -CASE NO: CEV20160014329-HENRIOT BELONY AND ALODIE BELONY
• #18-CASE NO: CEV20160012909-CECELIA GREGORIO AND CHARLES BOYLE
Under ItemV.0—Emergency Cases,the following cases were added to the Agenda:
• #1 -CASE NO: CESD20160018883-ANNETTE WEIMANN
Under Item VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #3 - CASE NO: CEAU20160004820-TINA M. FOGLE
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—November 4,2016
The minutes of the November 4, 2016 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
2
December 2, 2016
IV. MOTIONS
A. Motions for Continuance
1. CASE NO: CEPM20160014449
OWNER: PETER WESSEL IRREV TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(B)(I)(L).DAMAGED ROOF AND EXTERIOR WALLS.
BROKEN/MISSING WINDOWS.TORN/RIPPED POOL ENCLOSURE SCREEN.
FOLIO NO: 49582200004
VIOLATION ADDRESS:6 DERHENSON DRIVE,NAPLES
The Respondent was not present but submitted the Motion for a Continuance in writing.
Investigator Athey represented the County and did not object to the request as it is not a Health,
Safety and Welfare issue.
Special Magistrate Garretson GRANTED the Respondent's Motion and continued the case to
the next hearing date.
2. CASE NO: CEPM20160012784
OWNER: IRIS LABRIE
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). WATER IN FISH POND(KOI POND)IS DARK GREEN IN COLOR
AND NOT BEING MAINTAINED.
FOLIO NO: 55901120005
VIOLATION ADDRESS:266 61.H STREET WEST,BONITA SPRINGS
The Respondent was not present but submitted the Motion for a Continuance in writing.
Investigator Connetta represented the County and did not object to the request as it is not a
Health, Safety and Welfare issue.
Special Magistrate Garretson GRANTED the Respondent's Motion and continued the case to
the next hearing date.
B. Motions for Extension of Time
None
V. STIPULATIONS
1. 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
Investigator Connetta requested the hearing.
The Stipulation was entered into by the Ronald Abel on December 1, 2016.
3
December 2, 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
January 2, 2017.
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 January 2, 2017 or a fine of$250.00 per day will be imposed until the violation is
abated.
3. Chemically treat the pool water and kill the algae growth and maintain the filtration
system to keep the pool water clean and provide bi-weekly treatments by December 9, 2016
or a fine of$250.00 per day will be imposed for each day the violation remains thereafter
or; chemically treat the pool water killing the algae growth and covering the pool to
prevent safety hazards, insect infestations, and the intrusion of rain water by December 9,
2016 or a fine or a fine of$250.00 per day will be imposed for each day the violation
remains thereafter.
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: $115.45
2. CASE NO: CELU20160015851
OWNER: TYLINSKI PROPERTIES LLC
OFFICER: INVESTIGATOR FRANK BALZANO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
1.04.01(A)AND 2.02.03. ILLEGAL OUTSIDE STORAGE CONSISTING OF BUT NOT
LIMITED TO DECORATIVE TYPE CLAY/LANDSCAPE POTS,CONSTRUCTION
MATERIAL, WOODEN PALLETS,AND OTHER VARIOUS TYPES OF LOOSE
MATERIALS.
FOLIO NO: 60782160004
VIOLATION ADDRESS: 11342 TAMIAMI TRAIL EAST,NAPLES
Investigator Balzano requested the Hearing.
The Stipulation was entered into by the Krzysztof Tylinski on December 2, 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
January 2, 2017.
2. Remove all unauthorized accumulation of litter from the property by April 2, 2017 or a
fine of$100.00 per day fine will be imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
4
December 2, 2016
3. CASE NO: PU5321-CEEX20160017638
OWNER: SD ESPLANADE LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1). WATER HOSE CROSSING ROADWAY
CONNECTED TO ONE PROPERTY SERVICING ANOTHER PROPERTY.WARNING
GIVEN ONCE BEFORE AND EMPLOYEES OF STOCK DEVELOPMENT ATTENDED
TAILGATE MEETING.
FOLIO NO: 31347550224
VIOLATION ADDRESS: 8985 ARREZO CT,NAPLES
Investigator Quintero requested the hearing/
The Stipulation was entered into by the Respondent's representative Josh Sniffen on December 2,
2016.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Submit authorization in writing by December 9, 2016 on SD Esplanade, LLC's permission
for Mr. Sniffen's to represent them in this matter.
2. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
3. Pay an Administrative Fee of$5.00 incurred in the prosecution of the case.
4. Pay a Civil Penalty of$250.00 with total charges due of$305.00 to be paid by January 2,
2017.
Total Amount Due: $305.00
4. CASE NO: CEROW20160000940
OWNER: ALVUS M.PERKINS EST,KYLE JUSTIN FRITSCH,AND CAROL P.FRITSCH
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES, SECTION 110-31(A)AND SECTION 110-30.DRIVEWAY IS COLLAPSING DUE
TO A BAD PIPE WHICH IS CAUSING DRAINAGE PROBLEMS.
FOLIO NO: 38160480008
VIOLATION ADDRESS:6311 COPPER LEAF LN,NAPLES
Investigator Pulse requested the Hearing.
The Stipulation was entered into by the Respondent's representative Kyle Fritsch on December
2, 2016.
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
January 2, 2017.
2. Abate all violations by obtaining all required Collier County Right-Of-Way permit(s) and
inspections through final approval by April 2, 2017 or a fine of$200.00 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 Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
5
December 2, 2016
Total Amount Due: $115.03
VI. PUBLIC HEARINGS
B. Emergency Cases:
1. CASE NO: CESD29160018883
OWNER: ANNETTE WEIMANN
OFFICER: INVESTIGATOR CHRISTOPHER AMBACH
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 —10.02.06(B)(1)(a). HOUSE
PERMIT HAS EXPIRED AND THE WORK ON THE HOUSE HAS NOT BEEN
COMPLETED.
FOLIO NO: 55412501508
VIOLATION ADDRESS: 8980 LELY ISLAND CIRCLE,NAPLES,FL
Date of Hearing Notice Property/Courthouse Posting: 12/1/16
Investigator Plourd presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos dated 11/22/16
Composite Exhbiti B: 5 photos dated 11/28/16
The violation remains as of 12/2/16
David Bryant,Attorney for the Lely Island Estates HOA reported the Association wants the
matter resolved as soon as possible as is an"attractive nuisance."
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$115.25 incurred by Code Enforcement during the
prosecution of the case by January 2, 2107.
2. Obtain all required Collier County Building Permit(s) or Demolition Permit,Inspections,
and Certificate of Completion/Occupancy by January 2, 2017 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
December 9, 2016, then the time required to complete the repairs, inspections, and
Certificate of Completion/Occupancy will be extended to and must be completed by June 2,
2017 or a fine of$250.00 per day will be imposed until the violation is abated.
4. Erect a perimeter fence to prevent unauthorized entry onto the property.
5. 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
A. Hearings
2. CASE NO: PR056978-CEEX20160018849
OWNER: RACHEL WROBEL
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
6
December 2, 2016
VIOLATION ADDRESS:GULF SHORE ACCESS,NAPLES
Park Ranger Araquistain was present.
Evidenced;Entered: Composite Exhibit A: 2 photos depicting the parking meters and pay
station.
Rachel Wrobel was present and testified:
• On the day of the incident, she pulled into the parking lot and parked her vehicle in an
area where all the parking meters were covered with garbage bags.
• There were no signs installed notifying her on the requirements to obtain a parking
voucher from the pay machine at the entrance to the facility.
• The pay machine is setback beyond the pedestrian walk accessing the area and not readily
visible to a driver of a vehicle.
• Based on the circumstances, she was unaware there was a requirement to pay and
assumed the parking was free as the meters had been"bagged."
Park Ranger Araquistain testified:
• The meters were "bagged" as the requirement is now for patrons to obtain a parking
voucher from the machine.
• There were signs notifying patrons, however they were removed as they were vandalized.
• There is a sign on the pay machine notifying the users on the requirement to pay for
parking.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence,
DISMISSED the Citation issued and requested County Staff to place signs at the location
properly notifying the public on the requirements to pay for use of the facility.
4. CASE NO: PU5369-CEEX20160019039
OWNER: WINDSONG CLUB APTS LLC
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: SECTION 118-64.LITTER ON GROUND CONSISTING OF OPEN GARBAGE BAGS,FOOD,
FOOD CONTAINERS,ETC.
FOLIO NO: 00197960008
VIOLATION ADDRESS: 11096 WINDSONG CIRCLE,NAPLES
Investigator Keegan represented the County.
County Evidence Entered: Composite Exhibit A: 5 photos dated 11/8/16
Composite Exhibit B: 4 photos dated 11/9/16
Composite Exhibit C: 2 photos dated 11/10/16
Melissa Jeffries, Property Manager represented the Respondent.
Special Magistrate Garretson requested Ms. Jeffries to notify the County in writing on her
authorization to represent Windsong Club Apts., LLC in the case.
Investigator Keegan testified:
• On 11/8/16 he conducted a site visit to the above referenced premise upon notification by
the waste management company of a potential violation of County Codes and issued a
Citation to the owner.
• He returned the following day and the area was cleaned up, but trash still remained on the
ground behind the refuse containers.
• The violation was finally abated on 11/10/16.
7
December 2, 2016
Ms. Jeffries testified:
• The account was suspended by Waste Management for lack of payment and investigation
revealed payment was sent in the mail from New York on 10/31/16.
• The refuse company had no record of receiving a payment and an online payment was
made on 11/9/16.
• The company could not schedule pick up until 11/10/16,the day the violation was abated.
• They paid the Citation issued on 11/8/16.
• They have not received any notices of violations over the past 3 years and the violation
was abated immediately.
• One issue that may be addressed with surveillance cameras is tenants piling bags of trash
on the ground and not utilizing the refuse container.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation an ordered them to pay a $250.00 fine,
$50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount due of$305.00
by February 2, 2017.
Total Amount Due: $305.00
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
1. 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
Investigator Ambach represented the County.
Timothy Bisworm, Contractor was present and stated the violation has been abated.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
B. Motions for Imposition of Fines and Lien:
2. CASE NO: CEPM20160006415
OWNER: TRACEY DEWRELL AND MARA DEWRELL
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 WINDOWS.
FOLIO NO: 35755120006
VIOLATION ADDRESS: 4301 20TH PL SW,NAPLES
Investigator Connetta represented the County.
Special Magistrate Order: No. 5317 Page: 656
Fine Amount: $250.00/day
Duration: 10/3/16— 10/24/16 (22 days)
Total Fine Amount: $5,500.00
Unpaid Operational Costs: $115.03
Total to Date: $5,615.03
8
December 2, 2016
Tracey and Mara Dewrell were present and testified they purchased the property and
abated the violation.
Investigator Connetta reported the violation was abated immediately by the new owners.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
Break: 11:20 a.m.
Reconvened: 11:50 a.m.
VIII. REPORTS
1. 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
Cases 1 - 6 were combined.
2. 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
3. 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).
VIOLATION ADDRESS:LELY RESORT,NAPLES
4. 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
5. 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
6. 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
The Respondent was not present.
Officer McQueen represented the County and testified:
9
December 2, 2016
• On October 7, 2016,the date of the original hearing,the dogs were found running at
large again.
• The dogs have been picked up 11-12 times and issued Citations on numerous
occasions.
• One of the dogs, Leo was surrendered to Domestic Animal Services following the last
incident.
• As instructed at the 10/7/16 hearing, they did meet with Mr. Bautista to discuss
measures to secure the dogs on site and there has not been an incident since this time.
• Costs in the amount of$160 have been paid previously by Mr. Bautista for neutering
the dogs.
She recommended the maximum fine be imposed($500.00)for each dog as the County has
incurred costs dealing with the repeated incidents including neutering the animals.
Special Magistrate Garretson, after hearing the testimony imposed costs in the total amount
of$954.00 ($500.00 fine for each dog minus the $160 previously paid for neutering the
animals, $50.00 each for Operational Costs and$7.00 each for the Administrative Fee).
Total Amount Due: $954.00
IX. PUBLIC HEARINGS
A. Hearings
7. CASE NO: CEPM20160014886
OWNER: VICENTE PINERO EST AND ROQUELINA PINERO EST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(I). BROKEN AND UNSECURE WINDOWS AND DOORS.
FOLIO NO: 62205400003
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/15/16
Investigator Athey presented the case.
The Respondent's were not present.
Evidence entered: Composite Exhibit A: 6 photos dated 10/2/16
Exhibit B: Aerial photo of property
The violation remains as of 12/2/16
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$115.48 incurred by Code Enforcement during the
prosecution of the case by January 2, 2107.
2. Repair or replace broken or missing windows and doors. Secure the structure to prevent
access. Obtain all required Collier County Building Permit(s) or Demolition Permit,
Inspections, and Certificate of Completion/Occupancy to repair and secure the structure
by January 2, 2017 or a fine of$100.00 per day will be imposed until the violation is
abated.
3. Alternatively, if a boarding certificate is obtained and the structure is boarded by
December 9, 2016, then the time required to complete the repairs, inspections, and
10
December 2, 2016
Certificate of Completion/Occupancy will be extended to and must be completed by June 2,
2017 or a fine of$100.00 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: $115.48
9. CASE NO: CEPM20160016016
OWNER: MICHAEL A.HICKEY JR.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 53750880006
VIOLATION ADDRESS: 4415 LAKEWOOD BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/15/16
Investigator Athey presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 9/29/16
Exhibit B: Aerial photo of property
The violation remains as of 12/2/16.
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$115.40 incurred in the prosecution of the case by January 2,
2017.
2. Chemically treat the pool water and kill the algae growth and maintain the filtration
system to keep the pool water clean and provide bi-weekly treatments by December 9, 2016
or a fine of$250.00 per day will be imposed for each day the violation remains thereafter
or; chemically treat the pool water killing the algae growth and covering the pool to
prevent safety hazards, insect infestations, and the intrusion of rain water by December 9,
2016 or a fine of $250.00 per day will be imposed for each day the violation remains
unabated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.40
13. CASE NO: CEPM20160013889
OWNER: JP MORGAN MRTG TRUST
11
December 2, 2016
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(11),22-231(12)(C)(B),22-231(19). ROOF/SOFFIT IN DISREPAIR.
EXTERIOR SIDING OF STRUCTURE IN DISREPAIR.MOLD ON EXTERIOR SURFACE OF
STRUCTURE.NO ELECTRICITY IN DWELLING.
FOLIO NO: 36764920005
VIOLATION ADDRESS:3480 5TH AVENUE SW,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/1/16
Investigator Athey presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 3 photos dated 8/31/16
Exhibit B: 1 aerial photo of the property
The violation remains as of 12/2/16.
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$115.48 incurred in the prosecution of the case by
January 2, 2017.
2. Must repair electricity to a permitted state to the dwelling. Must repair roof/soffit and
exterior siding of structure. Must remove any and all mold from exterior of structure.
Must obtain all required Collier County Building Permit(s), or Demolition Permit(s) and
required inspections and Certificate of Occupancy/Completion by January 2, 2017 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 Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.48
16. CASE NO: CEPM20160014068
OWNER: JOSE A. DELGADO AND TAMMY B.DELGADO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 24690000409
VIOLATION ADDRESS:3407 FUCHSIA CT,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/15/16
Investigator Athey presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 9/1/16
Exhibit B: Aerial photo of property
12
December 2, 2016
The violation remains as of 12/2/16.
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 in the prosecution of the case by January 2,
2017.
2. Chemically treat the pool water and kill the algae growth and maintain the filtration
system to keep the pool water clean and provide bi-weekly treatments by December 9, 2016
or a fine of$250.00 per day will be imposed for each day the violation remains thereafter
or; chemically treat the pool water killing the algae growth and covering the pool to
prevent safety hazards, insect infestations, and the intrusion of rain water by December 9,
2016 or a fine of $250.00 per day will be imposed for each day the violation remains
unabated.
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
17. CASE NO: CEAU20160016271
OWNER: RICHARD L. GOSSARD JR.AND EVONNE M.ESTEP
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE II,
SECTION 22-26(B),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED, SECTION 10.02.06(B)(1)(E)(I),AND 2014 FLORIDA BUILDING CODE, 5TH
EDITION,CHAPTER 1,PART 2, SECTION 105.1.PERMIT#2001011690 FOR A CHAIN
LINK FENCE EXPIRED WITHOUT FIRST OBTAINING ALL REQUIRED INSPECTIONS
AND CERTIFICATE OF COMPLETION.
FOLIO NO: 62156880002
VIOLATION ADDRESS: 5310 SHOLTZ STREET,NAPLES
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/17/16
Investigator Musse presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 10/6/16
Exhibit B: 1 aerial photo of the property
Exhibit C: Permit#2001011690
The violation remains as of 12/2/16.
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
January 2, 2017.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion
13
December 2, 2016
by January 2, 2017 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: $115.25
X. NEW BUSINESS (Continued)
A. Motion for Imposition of Fines or Liens
4. 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)(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: 11/16/16
Date of Personal Service: 11/18/16
The Respondents were not present.
Investigator Kincaid presented the case noting the violation has been abated.
Fine Amount: $100.00/day
Duration: 11/8/16— 11/10/16 (2 days)
Total Fine Amount: $200.00
Unpaid Operational Costs: $230.13
Total to Date: $430.13
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
5. CASE NO: CESD20160005102
OWNER: FARID UDDIN ULLAH
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
Date of Hearing Notice by Certified Mail: 11/16/16
Date of Hearing Notice Property/Courthouse Posting: 11/16/16
The Respondent was not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Fine Amount: $250.00/day
Duration: 11/7/16— 12/2/16 (26 days)
Total Fine Amount: $6,500.00
Unpaid Operational Costs: $230.43
14
December 2, 2016
Total to Date: $6,730.43
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
$6,730.43. Said amount to become a lien on the property with fines continuing to accrue.
XI. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
B. Motions to Rescind Previously Issued Order:
None
XII. 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.
XIII. NEXT MEETING DATE: January 6, 2017, 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 12:40 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
enda Garretson; pecial Magistrate
The Minutes were approved by the Special Magistrate on 2 v2wy tp (doll , as presented '<or
as amended
15