CESM Minutes 01/06/2017 January 6, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 6, 2017
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Kerry Adams, Code Enforcement Specialist
Jeff Letourneau, Manager of Inspectors
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: January 6,2017 at 9:00 A.M.
LOCATION: Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
• A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES—December 2,2016
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: PR056908-CEEX20160020424
OWNER: JON CAPOZZA
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
UNLAWFUL AREA,PARKED ON GRASS
VIOLATION
ADDRESS: EAST NAPLES COMMUNITY PARK,NAPLES
1
2. CASE NO: PR056826-CEEX20160019164
OWNER: PATRICK SINKS
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: CONNER PARK,NAPLES
3. CASE NO: PR057046-CEEX20160019637
OWNER: JOHN MAXWELL
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE,TAG EXPIRED AUG 2016
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS,NAPLES
4. CASE NO: PR056164-CEEX20160019917
OWNER: GENE GOLDENZIEL
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION
ADDRESS: CLAM PASS PARK,NAPLES
5. CASE NO: PU5323-CEEX20160019791
OWNER: PULTE HOME CORP.
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1)(N)(Q).WATER HOSE CROSSING PROPERTY
LINES,CONNECTED TO COUNTY WATER SYSTEM.NO METER AND BACKFLOW
DEVICE.
FOLIO NO: 46068004882
VIOLATION
ADDRESS: 8888 HORNED LARK DRIVE,NAPLES
6. CASE NO: PU5219-CEEX20160020151
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR NATALIE POCHMARA
VIOLATIONS: ORDINANCE 134-174 SECTION(N).HOSE CONNECTED TO A VALVE ON THE
BACKFLOW DEVICE.UNLAWFUL CONNECTION.
FOLIO NO: 53264301741
VIOLATION
ADDRESS: 9439 CAMPANILE CIRCLE,NAPLES
7. CASE NO: DAS2I507-CEEX20160019709
OWNER: JULLY CASTILLO
OFFICER: BONNIE KUBICSEK
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-34.DOG
RUNNING AT LARGE.(PINKY)
VIOLATION
ADDRESS: 53RD STREET SW,NAPLES
2
8. CASE NO: DAS21214-CEEX20160019433
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(NEAPOLEON).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
9. CASE NO: DAS21215-CEEX20160019435
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(STELLA).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
10. CASE NO: DAS21216-CEEX20160019437
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(CLOUSEAU).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
11. CASE NO: DAS21217-CEEX20160019442
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(PATUNIA).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
12. CASE NO: DAS21218-CEEX20160019446
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(SCARLETTE).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
13. CASE NO: DAS21219-CEEX20160019449
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(BUCKWHEAT).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
3
14. CASE NO: DAS21220-CEEX20160019450
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
FAILURE TO LICENSE(TWINKLE).
VIOLATION
ADDRESS: 61 35Th AVENUE NE,NAPLES
15. CASE NO: DAS21222-CEEX20160019451
OWNER: ROBIN JOHNSON
OFFICER: J. BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(PETEY).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
16. CASE NO: DAS21223-CEEX20160019454
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(IVAN).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
17. CASE NO: DAS21224-CEEX20160019456
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(NINA),
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
18. CASE NO: DAS21225-CEEX20160019460
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(SUGAR).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
19. CASE NO: DAS21227-CEEX20160019463
OWNER: ROBIN JOHNSON
OFFICER: J. BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(BUBBIE).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
4
20. CASE NO: DAS2I228-CEEX20160019466
OWNER: ROBIN JOHNSON
OFFICER: J. BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(LULU).
VIOLATION
ADDRESS: 61 35T"AVENUE NE,NAPLES
21. CASE NO: DAS21229-CEEX20160019471
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(PATCHES).
VIOLATION
ADDRESS: 61 35T"AVENUE NE,NAPLES
22. CASE NO: DAS21230-CEEX20160019473
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(MINNIE).
VIOLATION
ADDRESS: 61 35Th AVENUE NE,NAPLES
23. CASE NO: DAS21231-CEEX20160019475
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(AUTOBON).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
24. CASE NO: CEPM20160015272
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12XP)AND SECTION 22-231(19).FLOORING,WALLS,AND CEILING IN
DISREPAIR.BROKEN/MISSING BATHROOM FIXTURES AND PLUMBING. KITCHEN
SINK PLUMBING IN DISREPAIR.
FOLIO NO: 1134800201
VIOLATION
ADDRESS: 250 SINGLETARY STREET,NAPLES
25. 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)(BX1)(L).DAMAGED ROOF AND EXTERIOR WALLS.
BROKEN/MISSING WINDOWS.TORN/RIPPED POOL ENCLOSURE SCREEN.
FOLIO NO: 49582200004
VIOLATION
ADDRESS: 6 DERHENSON DRIVE,NAPLES
5
26. 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(KO1 POND)IS DARK GREEN IN COLOR
AND NOT BEING MAINTAINED.
FOLIO NO: 55901120005
VIOLATION
ADDRESS: 266 6T"STREET WEST,BONITA SPRINGS
27. 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)(I)(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
28. CASE NO: CESD20160005222
OWNER: RESIDENTIAL ASSET MORTGAGE PRODUCTS INC.
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). LOWER PORTION OF DRYWALL CUT AND REMOVED AND NO
COLLIER COUNTY BUILDING PERMIT WAS OBTAINED.
FOLIO NO: 25305002283
VIOLATION
ADDRESS: 1392 CHURCHILL CIRCLE UNIT 101,NAPLES
B. Emergency Cases:
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
B. Motions for Imposition of Fines and Lien:
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
6
2. 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
3. CASE NO: CEROW20150016760
OWNER: PATRICIA SOTO
OFFICER: INVESTIGATOR MICHAEL ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY,
SECTION 110-31(A). EXPIRED RIGHT OF WAY PERMIT.
FOLIO NO: 39954240000
VIOLATION
ADDRESS: 3345 35TH AVENUE NE,NAPLES
4. CASE NO: CEPM20160008819
OWNER: JOE MOCCO AND LISA MOCCO
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12XI)AND 22-242.UNSECURED VACANT DWELLING WITH BROKEN
WINDOWS.
FOLIO NO: 67181760008
VIOLATION
ADDRESS: 25 EAST AVENUE,NAPLES
5. 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
6. CASE NO: CEPM20160000880
OWNER: STANWICH MORTGAGE LOAN TRUST SERIES 2013-3
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231 (15)AND 22-23I(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
7
7. 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 25TH STREET SW,NAPLES
8. 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
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
XI. NEXT MEETING DATE: February 17,2017,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
January 6, 2017
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 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: 9:35 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 VI.A —Motion for Imposition of Fines, the following case was moved to IV.B—Motion for
Continuance
• #6. CASE NO: CEPM20160000880- STANWICH MORTGAGE LOAN TRUST SERIES 2013-3
Under Item V.B —Hearings, the following cases were moved to V.A—Stipulations:
• #5-CASE NO: PU5323-CEEX20160019791- PULTE HOME CORP
• #6-CASE NO: PU5219-CEEX20160020151-LENNAR HOMES LLC
• #28-CASE NO: CESD20160005222-RESIDENTIAL ASSET MORTGAGE PRODUCTS INC.
Under Item V.B —Hearings,the following cases were withdrawn:
• #1 -CASE NO: PR056908-CEEX20160020424--JON CAPOZZA
• #2-CASE NO: PR056826-CEEX20160019164-PATRICK SINKS
• #3 - CASE NO: PR057046-CEEX20160019637-JOHN MAXWELL
• #24-CASE NO: CEPM20160015272-FLORIDA GULFCOAST HOLDINGS
• #25 -CASE NO: CEPM20160014449- PETER WESSEL IRREV TRUST
• #26-CASE NO: CEPM20160012784-IRIS LABRIE
• #27-CASE NO: CESD20150001965- FABRICIO FERNANDEZ AND ALLISON J.FERNANDEZ
Under VI.A —Motion for Imposition of Fines,the following case was withdrawn:
• #3 -CASE NO: CEROW20150016760-PATRICIA SOTO
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—December 2, 2016
The minutes of the December 2, 2016 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. Motions for Continuance
2
January 6, 2017
1. CASE NO: CEPM20160000880
OWNER: STANWICH MORTGAGE LOAN TRUST SERIES 2013-3
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
Keely Morton,Attorney for the Respondent testified:
• The Respondent recently received notice of the violation as the property has been subject
to foreclosure.
• The mortgagee, Vilbon Wilhelm has appealed the foreclosure action and is still in
possession of the property.
• He requested a 90 day continuance to complete the foreclosure action and abate the
violation.
Investigator Connetta represented the County and reported the violation has been partially
abated however the screen enclosure needs repair. He had no objection to the request for a
Continuance.
Special Magistrate Garretson Continued the Case until April 6, 2017.
B. Motions for Extension of Time
None
V. STIPULATIONS
1. CASE NO: PU5323-CEEX20160019791
OWNER: PULTE HOME CORP.
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: ORDINANCE 134-174 SECTION(B)(1)(N)(Q). WATER HOSE CROSSING PROPERTY
LINES,CONNECTED TO COUNTY WATER SYSTEM.NO METER AND BACKFLOW
DEVICE.
FOLIO NO: 46068004882
VIOLATION ADDRESS: 8888 HORNED LARK DRIVE,NAPLES
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent's representative Marc Malaniak on January
6, 2017.
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.
Total Amount due of$555.00 to be paid before February 6, 2017.
2. CASE NO: PU5219-CEEX20160020151
OWNER: LENNAR HOMES LLC
OFFICER: INVESTIGATOR NATALIE POCHMARA
VIOLATIONS: ORDINANCE 134-174 SECTION(N).HOSE CONNECTED TO A VALVE ON THE
BACKFLOW DEVICE.UNLAWFUL CONNECTION.
FOLIO NO: 53264301741
3
January 6, 2017
VIOLATION ADDRESS:9439 CAMPANILE CIRCLE,NAPLES
Investigator Pochmara requested the hearing.
The Stipulation was entered into by the Respondent's representative Nick Seymour on January 6,
2017.
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$5,200.00.
Total Amount due of$5,255.00 to be paid before February 6, 2017.
3. CASE NO: CESD20160005222
OWNER: RESIDENTIAL ASSET MORTGAGE PRODUCTS INC.
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A).LOWER PORTION OF DRYWALL CUT AND REMOVED AND NO
COLLIER COUNTY BUILDING PERMIT WAS OBTAINED.
FOLIO NO: 25305002283
VIOLATION ADDRESS: 1392 CHURCHILL CIRCLE UNIT 101,NAPLES
Supervisor Perez requested the hearing.
The Stipulation was entered into by the Respondent's representative Nicole Milson on January 6,
2017.
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
February 6, 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 May 6, 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 Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.03
VI. NEW BUSINESS
A. Motions for Imposition of Fines and Lien:
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
4
January 6, 2017
Neil Snyder, Attorney for the Respondent reported the violation has been abated.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
7. 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 25TH STREET SW,NAPLES
8. 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
Cases#7 and#8 were combined.
Walter Grace,Jr.,Attorney for the Respondent reported:
• Federal National Mortgage Assn. was awarded title to the property but is not the title
holder of the property at this point in time as the final foreclosure judgment was
vacated by the Court on 6/22/16.
• Following this action,the Certificate of Title was vacated by the Respondent however
the County Appraiser's records do not reflect the change.
• The borrower still has title to the property and the foreclosure process has restarted
and he will alert the County Appraiser's office on the true ownership of the property.
Investigator Odom Withdrew the Motion.
VII. PUBLIC HEARINGS
B. Hearings
7. CASE NO: DAS21507-CEEX20160019709
OWNER: JULLY CASTILLO
OFFICER: BONNIE KUBICSEK
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-34.DOG
RUNNING AT LARGE.(PINKY)
VIOLATION ADDRESS: 53RD STREET SW,NAPLES
Officer Kubicsek represented the County and reported:
• The case involves a"mandatory appearance"by the Respondent.
• The dog in question has been picked up by Domestic Animal Services 6 times between
2012 and 2016 with the last occurrence being in November of 2016.
• She has discussed the issue with the Respondent who has taken appropriate measures to
address the issue and agreed to imposition of a$300 fine.
Jully Castillo was present and reported she has addressed the issue so the dog will not be found
running at large again and agrees to the fine amount.
5
January 6, 2017
Special Magistrate Garretson imposed a fine of$300.00,plus operational costs of$50.00, and
an administrative fee of$5.00,for a total of$355.00 to be paid by March 6, 2017.
Break: 10:50 a.m.
Reconvened: 11:07 a.m.
8. CASE NO: DAS21214—CEEX20160019433
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(NEAPOLEON).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
9. CASE NO: DAS21215—CEEX20160019435
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(STELLA).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
10. CASE NO: DAS21216—CEEX20160019437
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(CLOUSEAU).
VIOLATION ADDRESS: 61 35TH AVENUE NE,NAPLES
11. CASE NO: DAS21217—CEEX20160019442
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(PATUNIA).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
12. CASE NO: DAS21218—CEEX20160019446
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(SCARLETTE).
VIOLATION
ADDRESS: 61 35TH AVENUE NE,NAPLES
13. CASE NO: DAS21219—CEEX20160019449
OWNER: ROBIN JOHNSON
OFFICER: PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(BUCKWHEAT).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
14. CASE NO: DAS21220—CEEX20160019450
OWNER: ROBIN JOHNSON
OFFICER: s PAUL MORRIS
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
FAILURE TO LICENSE(TWINKIE).
VIOLATION ADDRESS: 61 35TH AVENUE NE,NAPLES
15. CASE NO: DAS21222—CEEX20160019451
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
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January 6, 2017
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,SECTION 14-33(1).
MANDATORY COUNTY TAG(PETEY).
VIOLATION ADDRESS: 61 35TH AVENUE NE,NAPLES
16. CASE NO: DAS21223-CEEX20160019454
OWNER: ROBIN JOHNSON
OFFICER: J. BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(IVAN).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
17. CASE NO: DAS21224-CEEX20160019456
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(NINA).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
18. CASE NO: DAS21225-CEEX20160019460
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(SUGAR).
VIOLATION ADDRESS: 61 35TH AVENUE NE,NAPLES
19. CASE NO: DAS21227-CEEX20160019463
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(BUBBIE).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
20. CASE NO: DAS21228-CEEX20160019466
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(LULU).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
21. CASE NO: DAS21229-CEEX20160019471
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(PATCHES).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
22. CASE NO: DAS21230-CEEX20160019473
OWNER: ROBIN JOHNSON
OFFICER: J.BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(MINNIE).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
23. CASE NO: DAS21231-CEEX20160019475
OWNER: ROBIN JOHNSON
OFFICER: J. BOSCH
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-33(1).
MANDATORY COUNTY TAG(AUTOBON).
VIOLATION ADDRESS:61 35TH AVENUE NE,NAPLES
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January 6, 2017
The 16 cases were testified to under as one case.
Robin Johnson was present and testified that:
• Most of the dogs listed in the cases are either deceased or have been"re-homed"with
only Neapolean(Case #8) and Buckwheat(Case #15)harbored on site.
• The main contention with the cases is whether the animals meet the requirement of the
Ordinance for rabies vaccinations.
• She administers the vaccines herself to ensure she has the highest quality vaccines with
little probability of side affects.
• She has records of the vaccination via stickers from the bottle and the vaccines are good
for a period of 3 years.
• She does not want to have the dogs revaccinated for fear of negative health impacts
(based on information she has read).
• The County will not accept the method of vaccination and is requiring they be performed
by a licensed state veterinarian.
• She is a hobby breeder and in her opinion, she meets the intent of the Ordinance designed
to protect a dogs well being.
• Her premise has been inspected by the County with no other complaint lodged regarding
the well being of the animals.
Officer Bosch testified:
• The Respondent was originally contacted on 5/2/14 when Neapolean was found running
at large.
• On 1/5/15 a notice was issued to Ms. Johnson to obtain a"breeder permit" from the
County following the advertising for the sale of puppies. There was no response by Ms.
Johnson.
• On 2/8/15 a$207 Citation was issued for failure to have a"breeder permit." There was
no response by Ms. Johnson.
• On 3/12/15 another Citation was issued for failure to obtain the proper"breeder permit."
There was no response from Ms. Johnson.
• On 12/21/15 a complaint was lodged with the Code Enforcement Office on failure to
have the proper licensing to operate a County business after advertising the sale of
puppies.
• On 3/20/16 Mr. Johnson did obtain a"provisional permit" from the County for breeding
of dogs subject to a final inspection.
Dan Grossi, Domestic Animal Services Supervisor testified:
• He completed the final inspection and found the animals on site to be in good health and
adequately cared for by Ms. Johnson.
• He notified Ms. Johnson on the requirement to provide proof of rabies vaccination
pursuant to a certificate of vaccination issued by a licensed state veterinarian,and gave
her four months to comply.
• At this point he estimates there are 15 —20 dogs on site, however cannot confirm the
names of the dogs with identification of the animals listed in the cases completed via
historic records.
• The dogs in question do not meet the requirements of the Ordinance for rabies
vaccinations given Ms. Johnson has provided stickers from the vaccine bottles, not
confirmation by a licensed state veterinarian.
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January 6, 2017
• He has not seen a letter from a veterinarian notifying Ms. Johnson the dogs should not be
revaccinated within the 3 year time frame due to health concerns.
• All pet owners are required to provide proof of vaccination pursuant to a certificate of
vaccination issued by a licensed state veterinarian.
• The County needs to verify all dogs on site and Ms. Johnson may provide a letter from a
veterinarian regarding the vaccinations/revaccination, etc. for the County's consideration.
• Another option may be to determine any testing available to confirm the presence of the
rabies antibodies in the dogs.
Ms. Johnson noted the dogs she harbors are expensive and does not want to risk revaccinating
them for fear of negatively impacting the health of the animals.
Special Magistrate Garretson, after hearing the testimony CONTINUED the case to give Ms.
Johnson 14 days to allow the County access to the site to identify the dogs harbored on the
premise and to meet the vaccinations requirements via written confirmation from a licensed
veterinarian (risk of revaccinating, antibody testing, etc.).
4. CASE NO: PR056164-CEEX20160019917
OWNER: GENE GOLDENZIEL
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT
VIOLATION ADDRESS:CLAM PASS PARK,NAPLES
Date of Hearing Notice by Certified Mail: 12/16/16
No one was present for the case.
Special Magistrate Garretson DISMISSED the Citation.
B. Emergency Cases:
None
VIII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien:
2. 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
Investigator Patterson represented the County and reported the violation has been abated and
the Operational Costs have been paid.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
4. CASE NO: CEPM20160008819
OWNER: JOE MOCCO AND LISA MOCCO
9
January 6, 2017
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: 67181760008
VIOLATION ADDRESS:25 EAST AVENUE,NAPLES
Date of Hearing Notice by Certified Mail: 12/19/16
Date of Hearing Notice Property/Courthouse Posting: 12/16/16
The Respondents were not present.
Investigator Connettta presented the case noting the violation has not been abated.
Special Magistrate Order: 8/5/16
Fine Amount: $250.00/day
Duration: 122 days
Total Fine Amount: $30,500.00
Unpaid Operational Costs: $230.50
Total to Date: $30,730.50
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
$30,730.50. Said amount to become a lien on the property with fines continuing to accrue.
5. 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: 12/19/16
Date of Hearing Notice Property/Courthouse Posting: 12/16/16
The Respondent was not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/16
Fine Amount: $250.00/day
Duration: 28 days
Total Fine Amount: $7,000.00
Unpaid Operational Costs: $230.28
Total to Date: $7,230.28
Findingthe Notice of Hearing was properly served,Special Magistrate Garretson
GRANED the County's Motion for Imposition of Fines for a total amount due of
$7,230.28. Said amount to become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
B. Motions to Rescind Previously Issued Order:
None
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January 6, 2017
X. 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.
None
XI. REPORTS
None
XII. NEXT MEETING DATE: February 17, 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 12:02 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Bre•d:'Garre i ., Special Magistrate
The Minutes were approved by the Special Magistrate on _1
as presented , or as amended
11