CESM Minutes 03/03/2017 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: March 3,2017 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—February 17,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: S0169626-CEEX20160019085
OWNER: BARBARA FREIBERG
OFFICER: DEPUTY PEDRO CACERAS
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA,PARKED IN THE STREET
VIOLATION
ADDRESS: 2269 44TH TER SW,NAPLES
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2. CASE NO: S0177594-CEEX20170001936
OWNER: VANDY AMBRIDGE
OFFICER: DEPUTY PULIZZOTTO
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA,PARKED ON SWALE
VIOLATION
ADDRESS: 4175 20TH PL SW,NAPLES
3. CASE NO: PR057173-CEEX20170002228
OWNER: DEBORAH ORTEGA
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT,EXPIRED BEACH STICKER
VIOLATION
ADDRESS: CONNER PARK,NAPLES
4. CASE NO: PR057305-CEEX20170001876
OWNER: ANDREA TRAMMELL
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION
ADDRESS: COCOHATCHEE RIVER PARK,NAPLES
5. CASE NO: PR057306-CEEX20170001883
OWNER: ANDREA TRAMMELL
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
PARKING OVERNIGHT
VIOLATION
ADDRESS: COCOHATCHEE RIVER PARK,NAPLES
6. 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(12)(P)AND 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: 246 SINGLETARY STREET,NAPLES
7. CASE NO: CESD20160015132
OWNER: VLADIMIR PIERRE
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). UNPERMITTED ADDITION TO THE MAIN STRUCTURE.
FOLIO NO: 40350440008
VIOLATION
ADDRESS: 1910 EVERGLADES BLVD N,NAPLES
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8. CASE NO: CEEX20170002592
OWNER: JENNIFER DIPASCALE
OFFICER: INVESTIGATOR DANIEL GROSSI
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36.DANGEROUS DOG.
VIOLATION
ADDRESS: 9047 THE LANE,NAPLES
9. CASE NO: CEEX20170002022
OWNER: JENNIFER JACKSON-BARNETT
OFFICER: INVESTIGATOR DANIEL GROSSI
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36.DANGEROUS DOG.
VIOLATION
ADDRESS: DOGWOOD WAY,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: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A). A CARPORT AND THREE SHEDS INSTALLED WITHOUT
OBTAINING A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION
ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE
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
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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.
X. REPORTS
XI. NEXT MEETING DATE: April 7, 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
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March 3, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 3, 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: Jeff Letourneau, Manager of Inspectors
Kerry Adams, Code Enforcement Specialist
Danny Blanco, Administrative Secretary
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March 3, 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 9:15 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: 9:25 a.m.
Reconvened.• 9:40 a.m.
II. APPROVAL OF AGENDA
Danny Blanco,Administrative Secretary noted the following changes (listed below as Agenda Item
Numbers):
Under Item V.B —Hearings, the following cases were moved to Item V.A— Stipulations:
• #7-CASE NO: CESD20160015132-VLADIMIR PIERRE
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 - CASE NO: S0169626-CEEX20160019085-BARBARA FREIBERG
• #3 -CASE NO: PR057173-CEEX20170002228-DEBORAH ORTEGA
• #8-CASE NO: CEEX20170002592-JENNIFER DIPASCALE
• #9-CASE NO: CEEX20170002022-JENNIFER JACKSON-BARNETT
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES —February 17, 2017
The minutes of the February 17, 2017 Special Magistrate Hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. Motions for Continuance
None
B. Motions for Extension of Time
None
V. STIPULATIONS
7. CASE NO: CESD20160015132
OWNER: VLADIMIR PIERRE
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A). UNPERMITTED ADDITION TO THE MAIN STRUCTURE.
FOLIO NO: 40350440008
VIOLATION ADDRESS: 1910 EVERGLADES BLVD N,NAPLES
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March 3, 2017
Investigator Asaro requested the hearing.
The Stipulation was entered into by the Vladimir Pierre on March 3, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case by
July 3, 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 July 3, 2017
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 Sheriffs Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
Total Amount Due: $115.33
VI. PUBLIC HEARINGS
A. Hearings
2. CASE NO: S0177594-CEEX20170001936
OWNER: VANDY AMBRIDGE
OFFICER: DEPUTY PULIZZOTTO
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA,PARKED ON SWALE
VIOLATION ADDRESS: 4175 20TH PL SW,NAPLES
Date of Hearing Notice by Certified Mail: 2/14/17
Deputy Pulizzotto was present.
The Respondent was not present.
Deputy Pulizzotto testified on the day of the incident (January 29, 2017) he observed a semi
truck cab parked off of the County road in a swale . Accordingly he issued the citation.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson upheld
issuance of the citation and ordered the Respondent to pay a $30.00 Fine, Operational
Costs of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$85.00 to be paid
by April 3, 2017.
Total Amount Due: $85.00
4. CASE NO: PR057305-CEEX20170001876
OWNER: ANDREA TRAMMELL
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID LAUNCH RECEIPT
VIOLATION ADDRESS: COCOHATCHEE RIVER PARK,NAPLES
Ranger Maunz was present.
Andrea and Robert Trammel were present.
Ms. Trammel testified:
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March 3, 2017
• They own a commercial fishing charter business and launch their boat out of
Cocohatchee River Park boat launch.
• On January 15th, 2017 they launched the boat and were out to sea for 3 days returning on
January 17th, 2017.
• They paid the necessary boat launch fee on the 15th, however received a citation for not
displaying a boat launch receipt for the following days.
• She contacted the Supervisor for Park Rangers who notified her if the launch fee was
paid and you do not return from sea until the following day(s), no further fee is required.
• She requested the Citation be dismissed.
Ranger Maunz objected to the request for Dismissal as the receipt for the day in question was
not displayed.
Special Magistrate Garretson, after hearing the testimony DISMISSED the Citation.
5. CASE NO: PR057306-CEEX20170001883
OWNER: ANDREA TRAMMELL
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
PARKING OVERNIGHT
VIOLATION ADDRESS: COCOHATCHEE RIVER PARK,NAPLES
Ranger Maunz was present.
Andrea and Robert Trammel were present.
Mr and Mrs. Trammel testified:
• They own a commercial fishing charter business and launch their boat out of
Cocohatschee River Park boat launch.
• On January 15th, 2017 they launched the boat and were out to sea for 3 days returning
on January 17th, 2017.
• When they returned,they noticed a"warning" (Exhibit A) posted on the vehicle that
was issued on January 16, 2017.
• There also was a Citation which was issued at 3:20 pm, January 17, 2017 for
unlawfully parking in the area overnight however you are allowed to remain on site
until 10:00pm.
• There vehicle was removed before 10:00 pm the day the Citation was issued and
requested it be dismissed.
Ranger Maunz reported he was not the officer who issued the Citation but a warning on the
prohibition of overnight parking was issued on January 16, 2017. On January 17, 2017 when
the Ranger returned, the vehicle "warning" was still on the vehicle indicating it had not been
moved. Accordingly a Citation was issued on January 17 for overnight parking on the night
of January 16th.
Special Magistrate Garretson noted a Citation may be issued for past activity, and the date
on the Citation does not automatically have to correspond to the date of the offense. This
Citation was issued on January 17, 2017 for the overnight parking activity that occurred on the
previous day and the Mrs. Trammel did acknowledge they had overnight parked on January
16, 2017.
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March 3, 2017
Finding the Notice of Hearing was properly served, Special Magistrate Garretson upheld
issuance of the citation and ordered the Respondent to pay a $30.00 Fine, and a $5.00
administrative fee,for a total amount due of$35.00 to be paid by April 3, 2017.
Total Amount Due: $35.00
VII. NEW BUSINESS
B. Motions for Imposition of Fines and Lien:
1. CASE NO: CESD20120008509
OWNER: DONNA KAYE YZAGUIRRE
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(A). A CARPORT AND THREE SHEDS INSTALLED WITHOUT
OBTAINING A COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 51242520009
VIOLATION ADDRESS: 1203 ORCHID AVENUE, IMMOKALEE
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: No. 4966 Page: 2088
Extensions Granted: 4/4/14; 11/7/14 and 2/5/16.
Fine Amount: $150.00/day
Duration: 2/6/17 —3/3/17 (26 days)
Total Fine Amount: $3,900.00
Unpaid Operational Costs: $115.40
Total to Date: $4,015.40
Ms. Yzaguirre reported:
• She is working on abating the violation and was involved in a major car accident in
November of 2016.
• She is in the process of refinancing her home to obtain funds to remove the carport
and add a garage onto the home.
• She has engaged an architect to assist in obtaining permits to remove the carport and
adda garage onto the home.
• The sheds are being donated and will be removed from the site as soon as the garage
is built.
• The accident she was involved in was head on collision with surgeries required in
2017.
• She requested an Extension be Granted for an additional year
Supervisor Mucha reported the violation is not a Health, Safety and Welfare issue.
Special Magistrate Garretson, after hearing the testimony Granted and Extention in the
case until March 3, 2018 with Operational Costs for today's hearing in the amount of
$115.40 be paid.
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
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March 3, 2017
Investigator Connetta presented the case noting the violation has not been abated.
Alejandra Embriz and Melquites Segura were present.
Danny Blanco acted as interpretor for Ms. Embriz and Mr. Segura.
Special Magistrate Order: 11/4/16 No. 5342 Page: 702
Fine Amount: $200.00/day
Duration: 2/5/17—3/3/17 (27 days)
Total Fine Amount: $5,400.00
Unpaid Operational Costs: $230.20
Total to Date: $5,630.20
Ms. Embriz and Mr. Segura testified:
• The dwelling in question is their residence and they have no other place to live.
• The damage in question was caused by tenants who were evicted in 2015.
• Some of the damage has been repaired by Mr. Segura who resides on the premise.
• When they contacted the County on the repairs, they were notified if the cost is less
than $1,000 no permits are required.
• Subsequently, after the repairs were complted they have been told permits and
inspections are required for the work.
• They were not aware of the Operational Costs due until a few days ago.
Investigator Connetta testified:
• When the Respondent's approached the County representative at the information
desk, the situation was not accurately potrayed by the Respondent's and subsequent
investigation via a field visit revealed permits and inspections are required for the
work to be, and already completed.
• A stipulation was entered into with the Respondent on November 4, 2016 with 90
days to comply, however no activity has occurred.
• At that time,they were notified permits may be required and Operational Costs were
to be paid.
Mr. Segura reported he applied for the permits to abate the violation on March 1, 2017.
Special Magistrate Garretson recommended the two parties convene to discuss the
situation to see if a resolution could be reached.
Break: 11:30 a.m.
Reconvened: 11:40 a.m.
Supervisor Letorneau reported the Respondent recently applied for the permits, so the
County wishes to withdraw the case.
Special Magistrate Garretson GRANTED the County request to withdraw the case.
VI. PUBLIC HEARINGS (Continued)
A. Hearings
6. CASE NO: CEPM20160015272
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR STEVE ATHEY
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March 3, 2017
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(P)AND 22-231(19). FLOORING, WALLS,AND CEILING IN
DISREPAIR.BROKEN/MISSING BATHROOM FIXTURES AND PLUMBING.KITCHEN
SINK PLUMBING IN DISREPAIR.
FOLIO NO: 01134800201
VIOLATION ADDRESS: 246 SINGLETARY STREET,NAPLES
Date of Hearing Notice by Certified Mail: 2/14/17
Date of Hearing Notice Property/Courthouse Posting: 2/21/17
Investigator Athey presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 4 photos dated 9/28/16
Composite Exhibit B: 5 photos dated 1/11/17
Composite Exhibit C: 1 aerial photo of the property
Composite Exhibit D: Email from Respondent dated 2/7/17
The violation remains as of 3/3/17.
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 April 3, 2017.
2. Abate all violations by repairing or replacing any flooring, ceiling or walls in disrepair.
Must repair or replace any missing or broken bathroom fixtures to a permitted
condition. Must repair or replace kitchen plumbing and return plumbing to a permitted
condition. Must obtain all required Collier County Building Permit(s), or Demolition
Permit(s) and required inspections and Certificate of Occupancy/Completion for repairs
by April 3, 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 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: $115.48
B. Emergency Cases:
None
VII. NEW BUSINESS (Continued)
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien:
None
VIII. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
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March 3, 2017
B. Motions to Rescind Previously Issued Order:
None
XI. 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.
X. REPORTS
None
XI. NEXT MEETING DATE: April 7, 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 11:55 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
IlL''-ett---0 --- --
v.
da Garretson, pecial Magistrate
The Minutes were approved by the Special Magistrate onhk i oZ�l , as presented `'�,or
as amended .
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